Conservation Commission
Minutes of July 22, 2010
Public Hearings
Mashpee Town Hall - Conference Room 1
Commissioners: Chairman Jack Fitzsimmons, Vice Chairman Ralph Shaw, Brad Sweet, 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, June 24, 2010
Motion made, seconded and unanimously carried to approve the minutes of June 24, 2010.
2) Haley & Aldrich Consulting Firm Consulting Firm: Agent McManus would like to recommend using Haley & Aldrich for the Quashnet river realignment project since they were our consulting firm from the beginning and they have been working with the Woods Hole Group during the feasibility studies for the river realignment scenarios.
Motion made, seconded and unanimously carried to support Haley & Aldrich as the consulting firm for the Quashnet River Realignment Project.
3) Cape Cod Cooperative Extension: New round of grant funds for conservation land projects and wildfire abatement. Agent McManus received an application from Cape Cod Cooperative Extension for a new round of grant money for conservation land projects and wildfire abatement. The agent mentions a recent wild fire at Mashpee River Woodlands that burned 2.1 acres which was contained and perimeters were controlled by the brush machine that was purchased about a year ago with grant money. He will be applying for more funds for more treatments in larger parcels and possibly some wild fire education.
HEARINGS
7:00 George Flate (17 Little Neck Lane) Remove three trees RDA
Resource Area: Coastal Bank
George Flate would like to remove three trees after an arborist had been consulted. One tree was almost leaning on the deck after the last wind storm and the arborist
Motion made, seconded and unanimously carried for a Negative Determination
7:03 Ronald & Vicki Bourque (96 Monomoscoy West Rd.) 16’ x 24’ Shed RDA
Resource Area: Buffer zone,partially within land subject to coastal storm flow.
Ron Bourque seeks permission to construct a 16 x 24 shed to store yard equipment. He will need to remove approximately eight trees. Agent McManus recommends some plantings to replace the tree removal, possibly along coastal bank for enhancement.
Motion made, seconded and unanimously carried for a Negative Determination
7:06 Scott Murray SE 43-2615 (21 Squaw’s Lane) Demo/Rebuild NOI Cont’d to 8/5/10 @ 7:09
Resource Area:
Applicant has requested two week continuance.
Motion made, seconded and unanimously carried for a continuance until 8/5/10 at 7:09pm
7:09 Waquoit Bay National Estuarine Research Reserve (South Cape Beach State Park – 0 Beach Great Oak Road) RDA
Resource Area:
James Rassman is requesting permission to continue some ongoing work with the existing boardwalk and to construct new boardwalk. It is the Flat Pond Trail which has been closed for several years due to disrepair of the boardwalk and he has been able to use the AmeriCore and NCA crews for assistance. No additional excavation work as they will be on 8 x 8’s with stringers. Agent McManus states that repairing and continuing the boardwalk will keep footpath off of the salt marsh.
Motion made, seconded and unanimously carried for a Negative Determination
7:12 William Sullivan SE 43-2610 (180 Daniels Island Rd) Construct detached garage/barn and three small additions NOI Cont’d from June 24, 2010
Resource Area: Popponessett Creek, Saltmarsh, Land Subject to Coastal Storm Flowage
Jack Vaccaro from Vaccaro Environmental Consulting requests a two week continuance due to health concerns of owner.
Motion made, seconded and unanimously carried for a continuance until 8/5/10 at 7:12pm
7:15 David & Ana Ferris SE 43-2612 (24 Seconsett Point Rd.) Construct single family dwelling with driveway & utilities NOI
Resource Area: Land Subject to Coastal Storm Flow, Land Under Ocean, Salt marsh
Jack Vaccaro from Vaccaro Environmental Consulting explains that this is a construction of a new five bedroom dwelling with an attached garage on Little River. The property has sufficient depth so that they can site the house and work limits to be able to honor the 50’ set back. They will be maintaining existing grading as much as possible and will be doing as little additional disturbance in the back. Agent McManus states that they are upholding the 50’ setback as required and has exceeded the 30% vegetation. Only a small portion of the lot is Land Subject to Coastal Storm Flow. Agent McManus specifies concern with an area on the plan that has no symbols for vegetation between the silt fence work limit and the porch. Mr. Vaccaro states that there will not be any lawn and they may have to remove trees because of the closeness to the house. The Agent requested that if there are any trees to be removed between the coastal extent of the foundation and the work limit to
have them flagged prior to commencement of work.
Motion made, seconded and unanimously carried to Close and Issue
7:18 William O’Brien SE 43-2613 (14 Magnolia Lane) Replace wood retaining wall with locking block wall NOI
Resource Area: Wakeby Pond, Inland Bank
Timothy Bennet from Bennet Engineering is representing Mr. O’Brien who has entered into an agreement to purchase the property but would like to be sure that he will be able to repair the wood retaining wall behind the house with a stone stacked wall in the same footprint. The work area is within 21’ of the BVW. It would be temporarily altering the 1300 sf of the bank and returning it to its original position. Application has been submitted with NHESP but has not received a reply as of yet. Agent McManus explains that normal procedure is to continue the hearing until letter from NHESP is received but he was looking for feedback from the Commission in this case because it is a very steep bank into an old cranberry bog.
The Agent informed Mr. Bennet that it is possible to have to start over again if NHESP requires any changes. He would also like Mr. Bennet to submit a methodology because of the proximity to the vegetation on the other side of the bank.
Motion made, seconded and unanimously carried to Close and Issue pending approval from NHESP and submission of a methodology.
7:21 Brian Kanter & Michael Lemis SE 43-2614 (36 & 42 Great River Road) Remove fiber roll and install retaining wall NOI
Resource Area:
Matt Costa from Christopher Costa & Associates explains that the owners would like to install a retaining wall along the shore line. There is an existing fiber roll system which initially was placed to stabilize the shoreline but is now failing. They would like to construct a wood retaining wall similar to the existing one at 36 Great River Road in which they would connect it from there and continue across 42 Great River Road and terminate it into the bank. It will be filled behind the wall and revegetated in that area. Most construction will be conducted from a barge with an exception of the area where the pathway leads to the dock. The plans show a two-stage construction. Agent McManus spoke to DEP regarding the
reason why the fiber rolls had failed and they believe that poor installation was partially to blame along with ice damage which will scour banks significantly. Mr. Sweet asks if the barge will damage the salt marsh but Mr. Costa states that the barge will be away from the salt marshes.
Motion made, seconded and unanimously carried to Close and Issue
7:24 Dan Crowley (237 Hooppole Road) Permit grandfathered dock RDA
Resource Area:
Agent McManus states that it is a grandfathered dock although there have been repairs with new planks and he also explains to the applicant that the dock needs identification in case of dislodgement.
Motion made, seconded and unanimously carried for a Negative Determination
7:27 Alan Michelson (62 Spoondrift Way) Removal of five trees
Resource Area: Buffer Zone to Coastal Bank, Salt Marsh
Jim Holmes would like to remove five trees that are very close to the house. Agent McManus has inspected the trees and confirms they are very close, approximately within 5 ft of the house.
Motion made, seconded and unanimously carried for a Negative Determination
7:30 Jonathon Kraft (16 Popponessett Island Road) Construct/Install 6’ privacy fence RDA
Resource Area: Popponnesset Bay
Stan Hyde is seeking permission to install a 6’ fence along one side of the lot line. Agent McManus mentions a thin strip of pines and shrubs that separate the property but the fence will give more privacy. Chairman Fitzsimmons states that there is to be at least a 6” space under the fence for wildlife.
Motion made, seconded and unanimously carried for a Negative Determination
7:33 Jon Davis / Air Force Ctr. For Engineering & Environment SE 43-2617 (Ashumet Pond) Treatment of pond; phosphorus inactivation utilizing buffered mix of alum & sodium alum NOI
Resource Area:
Jon Davis from AFCEE and states this project is a supplemental aluminum treatment to the 2001 treatment. This one is larger with 56½ acre coverage in the 35’ or deeper parts of the pond to stay away from shellfish habitat. It will use the same protocol as the first project especially in terms of pre/post and during monitoring. Agent McManus asks about how long the treatment process is and Dominic Mirangalo from Environmental Engineer with Aquatic Control Technology answers that it will be about five – six days including the pilot treatment. They will conduct the pilot treatment and then monitor it for a couple of days followed by five days of consecutive application but also allowing for any weather interruptions.
It will proceed unless winds speeds are 20 mph or more or if waters are unsafe for the barge. It is also mentioned that they will apply one dose in one direction and the other dose in the other direction.
Alan Wetzman lives on Ashument Pond and is concerned with the aluminum treatment and asks if there were any other alternative treatments considered. He asks if there were any studies done on Methyl Mercury during the period of the last treatment. He mentions heavily documented sulfate reducing microbes that lead to increases of Methyl Mercury measurements and has a significant mercury problem with the fish. Mr. Wetzman mentions an alternative of a non-chemical treatment such as Long Range Circulation which has been proven successful in hundreds of ponds. Mr. Davis is aware of the issues during the first treatment and took measurements but it did not show any significant difference as the pond already had sulfate load which was causing
elevation of mercury and the addition of aluminum will not exacerbate the problem that already exists. Mr. Mirangalo states there were several studies conducted which included costs, effectiveness and energy consumption; the results were not based only on effectiveness but longevity as well.
Jean Crocker who is active on the cleanup committee speaks of problems Cape wide and mentions that Sandwich has treated their ponds with something different but maybe all of this should lead to a cape wide discussion of all the different treatments being used.
Ed Eikner from the School of Marine Science and Technology in UMass Dartmouth has been involved with the Ashumet Pond. He stated that Alum has been used successfully on three ponds on the Cape. Mr. Eikner also mentions that solar recycling will de-stratify the lake and will end up with a coldwater fishery which will result in no trout. Also, it ends up on the surface of the lakes which will restrict in lake usage.
Motion made, seconded and unanimously carried to Close and Issue
***All material submitted for hearings can be found on Conservation Flash Drive dated 7/1/10***
Updates:
- New signage in for Pickerel Cove Recreation Area (picture on PowerPoint): Richard Pawlak finished the new sign and installed it. Agent thanked Mr. Pawlak for doing a great job.
- Regulation 27: Docks and Piers – Float Sizes: Agent McManus has received a lot of feedback regarding the 150 sf size restriction that was put in place a while ago and it was mentioned that it is very difficult to maintain stability. The Agent would like to discuss at the next subcommittee meeting possibly evaluating the property and charging by the square footage of the float.
Roll Call to add following issues
(All Commissioners agreed to add following items Post discussions)
- Emergency Certification was issued to DPW for a sink hole that formed in the “pull off” area next to Mills Pond. The DPW Director stated that it needed to be addressed immediately as it was spilling run off water directly into Mill Pond and thus into the Herring Run.
- The NRCS has denied two of the three projects; the Santuit Pond Dam & Fish Ladder and the Johns Pond Fish Ladder. The Agent mentions that he will need to search for alternative funding as the Santuit Pond Dam is a hazard and could possibly fail. The one project that did get approved is the Storm Water Run Off Abatement at the end of Mashpee Neck Road getting into Pirate’s Cove Marina and the shellfish beds. The funds estimated for this repair were $177,000 and NRCS will be contributing 75% ($132,750), non-federal 25% is $44,250 and “in kind” estimated is $35,400. This affects 102 acres of shellfish growing area.
Motion made, seconded and unanimously carried to adjourn the meeting at 8:35 pm.
Respectfully submitted,
Kris Carpenter
Administrative Secretary
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