Mashpee Conservation Commission
Minutes of June 24, 2010
Public Hearings
Mashpee Town Hall
Commissioners: Chairman Jack Fitzsimmons, Vice Chairman Ralph Shaw, Brad Sweet, John Rogers, Mark Gurnee
Staff Present: Drew McManus (Conservation Agent) and Kris Carpenter (Administrative Secretary)
The meeting was called to order with a quorum by Chairman Fitzsimmons at 6:55 pm.
There was no public comment.
Pre/Post Hearing Agenda
1) Approval of Minutes from 6/10/10
Motion made, seconded and unanimously carried to approve the minutes of June 10, 2010.
2) Amendment to COC for SE 43-1631: Agent McManus received a call from the lawyer representing buyers for 18 Waterline Drive North in regards to a Certificate of Compliance that was recorded back in December 2000. Since then, the previous owners have upgraded the septic system and were approved for an additional bedroom which conflicts with the ongoing special conditions that were recorded with the COC. The attorney has drafted an amendment to the COC to include the 4th bedroom in the ongoing conditions.
3) Updates:
- Santuit Pond Dam & Johns Pond Fish Ladder: Tuesday was the final meeting at Santuit Pond Dam fish ladder and Johns Pond Fish Ladder with NRCS regarding the Cape Cod Water Resource restoration grant money. Both projects are up for approval of grant funding. Mashpee and Barnstable will also assist in funding for the overall repairs to the dam and fish ladder at Santuit Pond.
- AFCEE: Ashumet Pond Treatment: The Airforce Center for the Environment & Engineering will be filing a Notice of Intent for another aluminum/sulfate treatment of Ashumet Pond. This was previously done for the first time in 2001. Two employees from CHM2Hill, who is the contractor that does the treatment, met with the Agent to review the process. They are attempting to get on the July 22 agenda and will host a public informational session before the meeting at 6:00pm.
- Regulation #27 – Docks and Piers: Agent McManus has reviewed most of the comments from the Commission and will be sending out a revised version. Vice Chairman Shaw mentions that on page 3 under item 10 regarding what the depth of water should be when the boat is docked. He feels that it should state when the boat is fully loaded.
Hearing Agenda
7:00 Paul Boucher (196 Monomoscoy Road) Rebuild dock/pier (same footprint) RDA Cont’d to 8/19/10 @ 7:00pm
Applicable Resource Area: salt marsh, land under ocean, land subject to coastal storm flow
Applicant has requested a continuance.
Motion made, seconded and unanimously carried for a continuance until 8/19/10 at 7:00pm
7:03 Steve Mills (65 Sakonnet Dr.) Build 8’ x 26’ covered porch, grass lawn, plantings, crushed stone driveway RDA Cont’d from May 27
Applicable Resource Area: Buffer zone to John’s Pond
Dzymitry Dazheika from Belport Building & Remodeling is representing the applicant. He explains that the owner is renovating the existing cottage and would like to construct an 8’ x 26’ covered porch with no railings and add a driveway on the Sakonnet Drive side which will be made of crushed stone and a pebble stone border. They would also like to prune or replace one of the evergreen spruces on the right side of the cottage. If they replace it, it will be replaced with a native plant.
Motion made, seconded and unanimously carried for a Negative Determination
7:06 William Sullivan SE 43-2610 (180 Daniels Island Road) Construct detached garage/barn and three small additions NOI Cont’d to July 8 @ 7:18pm
Applicable Resource Area: Popponessett Creek, Saltmarsh, Land Subject to Coastal Storm Flowage
Jack Vaccaro from Vaccaro Environmental Consulting represented the applicant and explains that the lot has extensive frontage along Waquoit Bay. A saltmarsh was observed along with a narrow bordering vegetated wetland and a riprap seawall. There is also a coastal bank with riprap on the property which is considered an artificial coastal bank. There are areas on the site that meet the slope requirement for coastal banks but because it is not in direct contact with the landward limit of coastal beach or land subject to tidal action or land subject to flooding, they are not regarded as coastal banks. Mr. Vaccaro states, in his opinion, there is only one coastal bank on site and that is the one with the riprap seawall. There
are several proposed modifications to the house; a small porch addition by the front entrance; a sunroom addition opposite the riprap coastal bank, another sunroom addition and decks, a master bedroom addition, and a garage with attached carriage house. The two most interesting are the carriage house and a portion of the sunroom addition because they are both within 50’ of the wetland which is why a special permit has been submitted with ZBA as required and asking, under Section 7A, for the Commission to grant a waiver for the structures to be placed within the 50’ buffer zone with mitigation. The garage is proposed as a walkout structure with some modification to the stone drive to allow vehicle entrance. The mitigation required by the regulations is calculated at 789 sq. ft. and Centerline Studios has prepared a planting plan with a total of 950 sq. ft. of mitigation in one area and a lawn reduction of 260 sq. ft. in another. There will also be
a lawn reduction of 1200 sq. ft in another area. As there is very little to prevent runoff, they would like to propose a berm large enough to contain any runoff. They would like to remove several trees that include pin oaks, pitch pines, white oaks and Japanese black pines. There will be drywells installed on the four corners of proposed building.
Agent McManus confirms that they are seeking a waiver of requirements which is mentioned in our bylaws Ch 172-7 Section 3B2. Encroachment is all lawn and mitigation is substantial. He does mention concern over the removal of trees and the vista pruning and whether the necessity of disturbing the resource area. Mr. Gurnee has a question regarding the coastal bank and Chairman Fitzsimmons states that the slope defines a coastal bank. Mr. Vaccaro states that it does meet the 10:1 criteria for slope definition under the by-law but its location on the land and the slope does not have landward limit of coastal beach, land subject to tidal action or land subject to coastal to storm flood. Agent McManus states that it abuts lawn and
therefore it is not a coastal bank. Chairman Fitzsimmons says that the slope defines a coastal bank and the Agent responds that that is correct with slope definition but there is also performance definition and he does not see any performance standard with this particular coastal bank.
Chairman Fitzsimmons questions the 50’ buffer zone for the garage/carriage house and why it can not be moved back instead of permitting a waiver. He mentions that waivers are granted with a compelling reason. Agent McManus recommends a continuance to revise plans showing a smaller footprint or more set back. Mr. Vaccaro consults with homeowners and requests a continuance. He would also like to be notified if any submissions from Mrs. Arlene Wilson come forth.
Motion made, seconded and unanimously carried for a continuance until 7/08/10 at 7:09pm
7:09 Gene Cummings (248 Pimlico Pond Road) Grandfathered dock RDA
Applicable Resource Area: Land Under Water: Mashpee/Wakeby Pond
Mr. Cummings states that he is requesting a “grandfathered” dock permit. Agent McManus confirms that it has been there for sometime as he can determine by appearance. He explains that this RDA permit will assist getting dock information on record. He proceeds to instruct the homeowner on displaying identification on the dock.
Motion made, seconded and unanimously carried for a Negative Determination
7:12 Mary Tanner (140 Wheeler Road) Remove two damaged/sick trees RDA
Applicable Resource Area: Buffer zone to Ashumet Pond
Ms. Tanner is present and asks to remove two pitch pines from her property. Agent McManus has been out to the site and had determined that the trees have severe bark beetle infestation and are hazardous to her dwelling.
Motion made, seconded and unanimously carried for a Negative Determination
7:15 Robert Flieger (144 Wheeler Road) Remove eight damaged/sick trees RDA
Applicable Resource Area: Buffer zone to Ashumet Pond
Mr. Flieger requests to remove several trees from his property which are a mix of white oak and pitch pine. Agent McManus inspected all concerned trees and states that the pitch pines are infested with turpentine beetle and other trees are posing a hazard due to their proximity to the house
Motion made, seconded and unanimously carried for a Negative Determination
7:18 David Ferris SE 43-2608 (Seconsett Point Rd.) Construct extension to existing licensed dock (with maintenance in perpetuity) NOI Cont’d from June 10
Applicable Resource Area: Land Subject to Coastal Storm Flow, Land Under Ocean, Salt marsh
John Slavinski from Cape & Islands Engineering represented the applicant and explains that there is a licensed dock on the property and they are requesting to extend it. He also mentions that Agent McManus recommended a raised walkway with grated decking. The material will be fiberglass. Chapter 91 will be notified of the changes as an amendment to the existing dock.
Motion made, seconded and unanimously carried to Close and Issue
7:21 Jane Howley (184 Daniels Island Road) Replace pool apron with pavers, replace stair landing, replace railroad tie stairs with bluestone treads and fieldstone risers RDA
Applicable Resource Area: Buffer zone to Top of Coastal Bank
Ms. Howley is requesting to replace the existing pool apron with interlocking pavers in the same footprint. Agent McManus states that this project is straight forward with a change of material but no change in footprint. Mr. Gurnee is concerned with the runoff and Agent McManus states that runoff is minimal because of the lawn and revetment bank.
Motion made, seconded and unanimously carried for a Negative Determination
7:24 David Twomey (34 Spoondrift Way) Prune (4) trees RDA
Applicable Resource Area: Buffer zone to Coastal bank
Mr. Twomey is requesting permission to prune four trees on his property. He states that one is a cherry tree, locust tree, cedar and swamp maple that he would like to prune approximately 20%. Some branches are overhanging the roof and the cherry tree is growing into the patio. Agent McManus would recommend a determination but would like to go back out to the site to re-visit the trees being discussed.
Motion made, seconded and unanimously carried for a Negative Determination
7:27 Richard & Janet Cleary (18 Spoondrift Way) Removal of 14 dead/hazardous trees RDA
Applicable Resource Area: Buffer zone to Popponesset Creek/saltmarsh
Jim Holmes from Cape Cod Tree Experts represented the applicant and is requesting the removal of damaged/hazardous trees. Agent McManus states that a number of trees have been identified as a hazardous situation as they are showing evidence of turpentine beetle damage.
Motion made, seconded and unanimously carried for a Negative Determination
7:30 James Regan SE 43-2611 (68 Cayuga Avenue) New 68’ Seasonal Dock NOI Cont’d to July 8 @ 7:03pm
Applicable Resource Area: Johns Pond: Land Under Water
Falmouth Engineering has requested a continuance due to no comment from Natural Heritage as of yet.
Motion made, seconded and unanimously carried for a continuance until 7/8/10 at 7:03pm pending comment from Natural Heritage
7:33 Don Proto (17A Riverview Avenue) 10’ x 17.5’ extension to existing deck RDA
Applicable Resource Area: Buffer zone to Inland bank leading to Santuit River
Mr. Proto is requesting to construct a deck extension on the top floor. Agent McManus explains that this is an end unit in Cotuit Bay Condos facing out to the Santuit River and this project has no disturbance to the buffer zone.
Motion made, seconded and unanimously carried for a Negative Determination
Motion made, seconded and unanimously carried to adjourn the meeting at 8:12 pm.
Respectfully submitted,
Kris Carpenter
Administrative Secretary
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