Conservation Commission
Minutes of August 5, 2010
Public Hearings
Mashpee Town Hall - Conference Room 1
Commissioners: Chairman Jack Fitzsimmons, Vice Chairman Ralph Shaw, Mark Gurnee, Brad Sweet, Jeffrey Cross, John Rogers, Lloyd Allen
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, July 22, 2010
Motion made, seconded and unanimously carried to approve the minutes of July 22, 2010.
HEARINGS
7:00 Town of Mashpee SE 43-2616 (Popponesset Bay) Dredging of 1916 Channel NOI
Cont’d to 8/19 @ 7:09pm
Resource Area:
Applicant has requested a continuance because they are waiting for NHESP comments.
Motion made, seconded and unanimously carried for a continuance until 8/19/10 at 7:09pm
7:03 Daniel Collins (59 Buccaneer Way) Replace existing deck with additional footings RDA
Resource Area: Buffer zone, inland bank to Mashpee River
Daniel Collins is requesting the ability to replace the existing deck in the basically in the same foot print but footing will be moved to outside of cement patio with 10” sonotubes.
Motion made, seconded and unanimously carried for a Negative Determination
7:06 Kathryn Marshak (51 Timberlane Drive) Prune hazardous dead/broken branches that overhang deck and pathway RDA
Resource Area: Inland bank to Santuit Pond
Kathryn Marshak would like to remove branches that are hanging over the house. Agent McManus confirms that there are several branches, some dead, hanging over the side and rear of the house.
Motion made, seconded and unanimously carried for a Negative Determination
7:09 Scott Murray SE 43-2615 (21 Squaw’s Lane) Demo/Rebuild NOI Cont’d to 8/19/10 @ 7:15
Resource Area: Land subject to coastal storm flow, coastal bank and coastal dune
Jack Vaccaro from Vaccaro Environmental Consulting explains that this project consists of a tear down and rebuild in generally the same foot except for one area where the south corner will be closer to the resource area. The proposed work is within the 50’ setback and they are asking for a waiver of the Ch. 172 regulation with mitigation. The project will involve removing a fair amount of disturbed area with a lot coverage under 20% and also has a coastal beach, coastal dune and a coastal bank. Chairman Fitzsimmons states an issue with the setback and Agent McManus says that there is encroachment in the left area only with the corner of the deck and in this case, because of the existing turf from the top of the bank to the deck is
pre-disturbed and will not cause adverse impact. It is a small addition and does not involve ACEC. Mr. Allen asks that since it is a teardown and not using the same foundation, why can it not be moved back. Chairman Fitzsimmons states that the “bump-out” goes to the 50’ setback line. Mr. Vaccaro agrees but also points out that the area is not naturally vegetated and instead lawn and storage area.
Michael Talbot from Michael Talbot & Associates explains that there are no native plants to be found on the lot. Currently, the dune area is covered with Rosa Ragosa. The hardscaping reduces the storm storage and when removed and replaced with mitigation, the storm storage will be increased.
John Slavinski from Cape & Islands Engineering explains that they were very careful about the planning. The new plan is 27 squ. ft. more than the current existing layout and mentions that the concrete pad and part of the garage fall within the 50’ setback which they will be removing and revegetated. Agent McManus read a section of the bylaws – Land subject to coastal storm; Regulation 25 for the record because it talks about naturally vegetated areas and this project involves an old garage, concrete pad and lawn. He mentions that it should be taken into consideration the value to what is being lost and what is being offered for mitigation. Mr. Vaccaro confirms that they will be losing 450 squ. ft. of lawn which will be
replaced with structure and mitigation. The structure will be an additional 27 squ. ft.. Mr. Slavinski re-states that the additional 27 squ. ft. is just grass. Chairman Fitzsimmons believes it is still an issue and is not compelling to allow the structure to be closer to the bank. Most of the Commissioners would like to see the house moved back about 10 ft. Mr. Vaccaro confirms that moving back the structure will require less mitigation. Agent McManus and the Board recommend a continuance. He also requests a staking where the garage will be encroaching into a naturally vegetated area within the buffer to flood zone A.
Motion made, seconded and unanimously carried for a continuance until 8/19/10 at 7:15pm
7:12 William Sullivan SE 43-2610 (180 Daniels Island Rd) Three small additions and fence with gate NOI Cont’d from July 22, 2010
Resource Area: Popponessett Creek, Saltmarsh, Land Subject to Coastal Storm Flowage
Jack Vaccaro from Vaccaro Environmental Consulting explains that there have been some changes since the last meeting and that new plans have been submitted. The biggest change is the removal of the detached building which was the focal point of discussion at the last meeting. The project simply has small additions to the existing residence; adjustment to the front porch, master bedroom addition, a gazebo addition to the southwest corner and a bump out breakfast nook off of the existing kitchen. The additions are same as the last plans stated with the exception of the gazebo which was reduced slightly in size. The owners would also like to install a fence at the southeast corner. There is also a revised landscape restoration plan
that was reduced in mitigation because the detached building was removed. The entire increase in building footprint is about 450 sq. ft. but are reducing total deck sizes about 150 sq. ft. Agent McManus mentions the removal of the Japanese Pines and Pin Oaks and would prefer not remove trees in the vista corridor. Mr. Vaccaro says that they have made a commitment to preserve the Pin Oaks but would still like to remove the black pines which the Agent agrees as they are being shaded out anyway and will not survive.
Arlene Wilson from A.M. Wilson Associates represents an abutter and she is questioning the discrepancies of the landscape plan and the engineering plan. She mentions the stairs on the master bedroom deck, south side of house shows a significant amount of fill on the engineering plans and a vertical wall that was on previous landscape plan in which it “seems” to be gone now but still shows curves that outline planting beds and grading changes. Mr. Gurnee asks what the impact is and Ms. Wilson answers that the concern is with run off towards the marsh and the abutter’s property along with erosion. Ms. Wilson says the pool equipment area is different on the plans and the work area line is also different. She also
comments on an area where there will be re-planting that it is included with the mitigation formula and should not be.
John Slavinski from Cape & Islands Engineering agrees that the two maps do have discrepancies but one difference is that his plan shows a “hay bail” line and the landscape plan shows the landscaper’s “work limit” line. There are no grade changes. Agent McManus asks about the stairs and Mr. Slavinski confirms that it is a discrepancy but it will be his plans that will proceed to the Building Department and not the landscapers. The Agent also inquires about the suggestion from Ms. Wilson regarding the access way and if there is a way to reduce the number of trees to be removed. Mr. Vaccaro states that it is the preferred access to the back of the yard and they will restore vegetation in that area.
Agent McManus states that the requirement will be a 1:1 ratio replacement of whatever is disturbed in that area. Mr. Vaccaro would like to point out that most of the trees in the access way are black pines.
Ms. Wilson asks Mr. Slavinski to clarify that there will be no fill added to the area of the octagon room and Mr. Slavinski confirms that there is no intent to fill anything on the entire project. The elevations shown are for the deck. Agent McManus suggests submitting a new landscape drawing and for the Board to make a motion contingent on revised plan. Mr. Vaccaro would like to withdraw the landscape altogether and to proceed with the engineering site plan only.
Richard Howley, an abutter, addresses the Board in regards to the landscape plan and he would like to request that a decision not be made until the landscape plan is submitted. Agent McManus explains to Mr. Howley that engineering plans can be submitted for approval without a landscape plan and that the engineering plan is only for the structure. The applicant will have to come before the Board again with an Amended Order request for the landscaping and that all abutters will then be notified by mailing for this hearing.
Motion made, seconded and unanimously carried to Close and Issue for the Engineered Site Plan only.
7:15 David & Ana Ferris SE 43-2618 (24 Seconsett Point Rd.) Construct ramp, pier & float in Little River NOI Cont’d to 8/19/10 @ 7:15
Resource Area: Land Subject to Coastal Storm Flow, Land Under Ocean, Salt marsh
Applicant requests a two week continuance.
Motion made, seconded and unanimously carried for a continuance until 8/19/10 at 7:12pm
7:18 Mashpee DPW (Route 130 Main Street) Remove overflow pipe and install 600 gal. leach pit connected to catch basin Cont’d to 8/19/10 @ 7:06
The Director of Dept. of Public Works has requested a two week continuance due to a scheduling conflict.
Motion made, seconded and unanimously carried for a continuance until 8/19/10 at 7:06pm
***All material submitted for hearings can be found on Conservation Flash Drive dated 7/1/10***
Roll Call to add following issues
(All Commissioners agreed to add following items Post discussions)
- AFCEE/Quashnet Update: Doug Allen from Haley & Aldrich is ready to move forward with the realignment of the Quashnet River. They came in to discuss map and game plan and suggested to meet with Mike Minior who is with AFCEE for a discussion and also Steve Hurley who has knowledge of the bogs in their pre-existing condition prior to berm failure. Possible meeting early September and the Agent will give all Commissioners plenty of time for notification and scheduling.
- Conservation lands Subcommittee: Agent McManus would like to schedule the next meeting for this subcommittee soon. The gate has been installed at Jehu Pond and is now looking to speak with Tom Eagle with US Fish & Wildlife to supply the additional gate. Mr. Sweet mentioned that once down the path is a long turn around in which Agent McManus states that maybe placement of signs will help. Chairman Fitzsimmons mentions the Jehu Pond Management plan and is concerned about doing this type of plan for other areas but Agent McManus assures him that it does not have to be as entailed. The Agent explains that he distributed that plan so that maybe they can follow that type of format.
- Proposed Dock Regulation #27: Agent McManus would like to mention that he distributed the dock regulations to the Waterway Commission and the only response he received was from Perry Ellis, the Harbormaster, regarding the float sizes and restrictions of 150 sq. ft. The Agent spoke to Chapter 91, the state’s waterway licensing agency, specifically asking if they have a size limitation on floats as part of a state law; Ch. 91’s response was that they do not and it is taken on as a case by case basis. Floats attached to fixed piers do not have a size regulation and they go by what was on the original plan if for any renewals. The Harbormaster had suggested that they should work together with Conservation but the Agent states that floats are primarily the Harbormaster’s jurisdiction. The Agent recommends that since they will be removing the float restriction size from the regulation, they should add a line indicating that float sizes will be based on a case-by-case basis and he
also recommends finding out type and size of boat that the owner will have. If the owner does not have that information at time of application than it will be written in the Order of Conditions that the owner will need to provide it. Off season storage, transportation or removal of floats in and out of the water will fall under Conservation jurisdiction. Mr. Cross states that a boat should have five lines and you will need a foot of dock for every foot of boat. Agent McManus will send the final revised regulation out to the Commissioners.
Motion made, seconded and unanimously carried to adjourn the meeting at 8:40 pm.
Respectfully submitted,
Kris Carpenter
Administrative Secretary
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