Conservation Commission
Minutes of September 2, 2010
Public Hearings
Mashpee Town Hall - Conference Room 3
Commissioners: Chairman Jack Fitzsimmons, Vice Chairman Ralph Shaw, Mark Gurnee, John Rogers
Staff Present: Drew McManus (Conservation Agent) and Kris Carpenter (Administrative Secretary)
Call Meeting To Order: 6:55 pm - Public Comment
There was no public comment.
Pre/Post Hearing Agenda:
- Minutes: Approval of the following minutes: Thursday, August 19, 2010
Commissioner John Rogers had a couple of questions regarding the Minutes from August 19th and they were explained by Agent McManus.
Motion made, seconded and unanimously carried to approve the minutes of August 19, 2010.
- Enforcement Order / 138 Ninigret Avenue: Agent McManus explains that there is a road behind Ninigret Avenue called Sakonnet Drive which part is drivable and part is not. The section behind 138 Ninigret Avenue is drivable with a small section of sandy beach beyond the road to the water (John’s Pond). Homeowners only own to the middle point of the road, unless they can provide proof otherwise to show ownership to water. He received a call from a neighbor reporting a shed was being put up on the beach which he confirmed and then proceeded to send the owner a violation notice that instructed them to remove the shed immediately. The Agent has made several phone calls over the course of the summer and to this date; the shed has not been removed from the beach. Agent McManus has noticed that quite a few homeowners
in that area have put up their own signs and have left personal items on the beach. Overtime, it has developed to “unofficial” private beaches and the Agent has been trying diligently to explain to the owners that it is not their private beach and new structures are required to go through a permitting process with the Conservation Commission.
Paul Griffin, the owner of 138 Ninigret, addresses the Board and explains that his mother lives at 138 Ninigret Avenue. He mentions that at the time when he bought the property, he had asked the previous owner as to who owns the road and the beaches and was told that the property owners are responsible for the care of the beach front areas and the road. Mr. Griffin also mentions that the further you travel down the road, where the road becomes impassible, the owners there have put many structures on the beach. He has spoken to Mr. Fudala (Planning Dept.) who also confirms that ownership questions are confusing. Agent McManus states that proof must be submitted in the form of a legal document to be allowed to permanent objects or structures on the beach. Mr. Griffin is very
agreeable and will do whatever the Commission says to do. Chairman Fitzsimmons urges the discussion to be moved along and agrees with the Agent with the demand of removing the un-permitted shed.
Scott Lubker, Mr. Griffin’s son, explains that he and his cousin had built the shed. He states that he had spoken to the Building Department regarding restrictions and they told him that there is no restriction if under a certain size but Mr. Lubker does explain that he did not tell them that the shed was on the water because he did not know there were conservation restrictions as there are several other sheds on the water. He talks about the conversation that he had with the Agent and confirms that he told him that he would move it as soon as they could bring in equipment that would handle moving the shed which has been delayed. He would like to confirm that he is not being singled out and the sheds on the other properties will be addressed as well. Agent McManus questions the
delay and mentions that it now needs to be moved immediately or they will be faced with daily fines. Mr. Griffin asks if they can have until September 13th, which will give them two weekends to get a bobcat in to move the shed. Mr. Gurnee mentions that the Commission will need to know where the shed is being moved because it could still be within the 100’ buffer zone. Mr. Griffin asks if they should file for the permit and then move it or move it and then file for the permit. Agent McManus states that the permit should be started now and they will allow the delay until September 13th for the move.
HEARINGS
7:00 Judith Maloney (55 Monahansett Road) New septic system and pump/fill existing cesspool with sand - RDA
Applicable Resource Area: Buffer zone to Isolated Land Subject to Flooding
Peter McAfee from Engineering Works, Inc. is representing the homeowner and explains that they would like to upgrade the existing cesspool to a new septic system. They have been cleared by the Board of Health last week and have also requested several variances. Mr. Gurnee asks if they are placing the septic system as far away from the pond as they possibly can and Mr. McAfee confirms.
Motion made, seconded and unanimously carried for a Negative Determination
7:03 Karylann Walsh SE 43-2619 (65 Bayshore Drive) Vista pruning corridor with maintenance in perpetuity / mowing of field grass within 25’ of top of coastal ban - NOI
Applicable Resource Area: Buffer zone to Coastal Bank
Joel Kubick with Holmes & McGrath proposes a 35’ wide view corridor and an additional 25’ wide annual mowing area to be maintained in perpetuity. Agent McManus states that this is a straight forward vista pruning application and explains that there will be no work until after November 1st and before March 1st. He also states that there are vista pruning guidelines and that he can go on-site to meet with the contractor to mark which trees to be pruned and which are to be removed. Mr. Gurnee asks what is in the mowing area currently and the landscape contractor answers that there are sassafras, saplings and weeds that have been cut over the years. Agent McManus states that mowing of the over
grown weeds will not compromise the stability of the slope. The landscaper explains that they will use a brush cutting/mowing machine and will be used during the winter time. Agent McManus will go out for consult to mark any shrubs that will not be cut.
Motion made, seconded and unanimously carried to Close and Issue pending Agent’s inspection of shrubs
7:06 Brook & Mary Newcomb (33 Monahansett Road) Replace failed cesspool with new pump/tank into soil absorption septic system - RDA
Applicable Resource Area: Buffer zone to Isolated Land Subject to Flooding
Applicant or representative was not present. Continued to September 16, 2010 at 7:18pm.
Motion made, seconded and unanimously carried for a continuance until 9/16/10 at 7:18pm
7:09 Brian Cooke SE 43-2620 (138 Summersea Road) Remove & replace brick patio / remove & replace landscape retaining wall NOI
Resource Area: Coastal Bank/Buffer to Coastal Bank
David French from Christopher Costa and Associates explains that they would like to replace the failing retaining wall at the edge of a brick patio that surrounds an existing in-ground pool with an engineered concrete or mason wall using in general the same design and height. The request also involves the replacement of the existing brick patio which has started to fall apart and the slope is becoming steeper as the failed wall is washing out underneath. The patio is the same footprint with a couple of areas of wooden steps leading to an existing ramp and float. The steps will be replaced with granite rocks. Applicant would also like to build a new walkway with a retaining wall on the side of the house. Machinery that needs to be
brought in will be brought in on the garage side of the house and once the wall is in place, they can then stabilize behind the wall and start work on the patio area. The patio will be replaced with paver stones. Mr. Gurnee asks about the drywells and Mr. French explains that it will catch the roof run off instead running across the patio.
Motion made, seconded and unanimously carried to Close and Issue
7:12 Mashpee DPW (Route 130 Main Street) Remove overflow pipe and install 600 gal. leach pit connected to catch basin RDA (under Emergency Order)
Resource Area: Riverfront: Mashpee River/Herring Run
Catherine Laurent, Director of DPW explains that the work has been completed under an emergency order by the Agent. The work was an existing drainage area on Route 130 at the little turnoff by the Mill Pond across from the Herring Run. There was an existing catch basin that had an overflow pipe into Mill Pond that had been there approximately 30 years and had rusted enough to collapse and caused the pavement above it to collapse. DPW removed the pipe so that there is no longer an overflow pipe into the pond and added a 600 gallon leach pit. Agent McManus mentions that it is good that there is no longer any runoff going into the
pond and that this was certainly an upgrade. Mr. Gurnee asks if the table was low enough for the leach pit to do its job and Ms. Laurent confirms that it is losing a bit of water and it is a smaller leach pit than they normally would install. At some point, they may add some additional drainage up hill to try to capture some of the run off.
Motion made, seconded and unanimously carried for a Negative Determination
7:15 Steve Mittleman (251 Shore Drive) Create/construct walking path, remove creosote timbers and replace with dry laid stone wall, removal of invasive plant species and replant/revegetated, Vista Pruning NOI
Resource Area: Inland Bank leading to Deans Pond
The applicant requested a continuance to September 16.
Motion made, seconded and unanimously carried for a continuance until 9/16/10 at 7:03pm
7:18 George Mandalos (22 Crosstree Way) Install well and sprinkler heads RDA
Resource Area: Buffer zone to Coastal Bank
Mr. Mandalos requests permission to install a new irrigation system and a deep well. Agent McManus questions the depth of the well and whether it will draw salt water and suggests to Mr. Mandalos to take care when constructing the well.
Motion made, seconded and unanimously carried for a Negative Determination
Pre/Post Hearing Agenda (Cont’d):
- New Two (2) Year Extension for Permits: Agent McManus received notification from the state that permits will now be extended an additional two years. This includes all permits and all departments.
- AFCEE Meeting Reminder: The AFCEE meeting is September 24th at 10am in Conference room 3 and everyone is strongly urged to attend.
- Wildfire Grant Funds: Agent McManus was able to secure a $5K grant from the Cape Cod Cooperative Extension to be used to demolish the campground structures at the Pickerel Cove Conservation area. Funds will be used mostly for the disposal costs and filling in hazardous holes. DPW has also contributed $2500 for “in kind” labor contribution which will be machinery and man hours.
- Regulation Sub Committee Update (s): The subcommittee has had a meeting and the Agent believes that they have created the final draft for Regulation 27 (Docks and Piers) that will be sent out.
- Hurricane Earl: There was an emergency departmental head meeting regarding Hurricane Earl and the BSC Group and Mashpee DPW proceeded with some preventative beach nourishment for storm erosion.
Motion made, seconded and unanimously carried to adjourn the meeting at 7:48 pm.
Respectfully submitted,
Kris Carpenter
Administrative Secretary
***All material submitted for hearings can be found on Conservation Flash Drive dated 7/1/10***
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