Mashpee Conservation Commission
Minutes of June 10, 2010
Public Hearings
Mashpee Town Hall
Commissioners: Chairman Jack Fitzsimmons, Vice Chairman Ralph Shaw, Brad Sweet, John Rogers, Mark Gurnee, Lloyd Allen
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 5/27/10
Motion made, seconded and unanimously carried to approve the minutes of May 27, 2010.
2) News & Updates:
- Eel River Site Visit Dates: Agent McManus spoke to Alex Hackman who is the site supervisor for the Eel River Project and he offered two dates for possible tours; June 19th at 10am or June 24th at 1pm although if neither of these dates are acceptable, he can contact Mr. Hackman for alternative dates. The Agent will provide the transportation.
- Santuit Pond Dam Site Visit 6/22/10 @ 9:30am: On June 22nd, Don Liptac and other members of the NRCS will be visiting the Santuit Pond Dam as a final onsite and review to expand the perimeters of the grant funding to include the dam repair. Mr. Sweet asked if the situation has been stabilized and the Agent says that it is “semi” stabilized. He has been out to the dam on a daily basis and it is getting worse each day. They had placed sandbags but he would like an engineering firm to perform a dye test to see where the water is running off and where the seepage is coming in. There was no water running off from the plywood so he believes there is a hole somewhere. If they conduct a dye test then they will be able to find the source. The sandbags are only slowing it down. Mr. Sweet
asks what the process is to get an engineering firm out to the pond and Agent McManus explains that Wesson & Samson are the current engineering firm and are responsible for keeping the state informed of the condition of the dam.
- Cape Walk - Mashpee: Saturday, Americore held their Cape Walk which they do about every two years. It is a cape wide walk where a representative from each town volunteer to lead the walkers from one town to the next on established trail systems. Tom Fudala and Agent McManus led the group through Mashpee starting at Johns Pond parking lot at the town beach and finishing at Ryder Conservation land on Cotuit Road in Sandwich. The entire walk started at Johns Pond and ended at Meetinghouse Conservation Area at Exit 5 in Barnstable which was a total of 14.2 miles. There were over 30 walkers involved. This is the first year Mashpee was involved.
- Regulation #27 – Docks and Piers: Agent McManus would like everyone to take a look at Regulation 27 which combines Regulations 3, 10, 11 & 27 and to send any suggestions or comments to him.
- General Discussion: Mr. Sweet asks if there is any information when DPW will be putting gates up and the Agent says that he has been talking to DPW on a daily basis although the situation at Santuit Pond has been taking precedent. The Agent mentions that there is extra funding in the Wildfire budget to purchase extra gates and also the Federal Department stated that they have gates but unfortunately has not really moved on the project.
Hearing Agenda
7:00 Rose Connors (9 Sunset Circle) Upgrade Septic System RDA
Applicable Resource Area: Buffer Zone to Inland Bank / Johns Pond
Pete McEntee is representing the homeowner and explains that there is not a septic failure but had the tank pumped and the owners would like to be proactive and upgrade the system. Agent McManus states that the Board of Health has signed off on it. There are no issues and he would recommend a Negative Determination.
Motion made, seconded and unanimously carried for a Negative Determination
7:03 David Ferris SE 43-2608 (Seconsett Point Rd.) Construct extension to existing licensed dock (with maintenance in perpetuity) NOI Cont’d to June 24 @ 7:18pm
Applicable Resource Area: Land Subject to Coastal Storm Flow, Land Under Ocean, Salt marsh
Cape & Islands Engineering has requested a continuance.
Motion made, seconded and unanimously carried for a continuance until 6/24/10 at 7:18pm
7:06 James Regan (140 Algonquin) 8’ x 8’ deck, front yard loam and seed, check & repair drywells RDA (Removed Vista Pruning – needs to be submitted as NOI)
Applicable Resource Area: Inland bank to Cataquin Pond
James Regan is requesting for approval for this portion of the project to build the deck, loam and seed front yard and repair the drywells. Agent McManus states that it is straight forward and recommends a negative determination.
Motion made, seconded and unanimously carried for a Negative Determination
7:09 James Regan SE 43-2611 (68 Cayuga Avenue) New 68’ Seasonal Dock NOI
Applicable Resource Area: Johns Pond
Mike Borselli from Falmouth Engineering is representing the applicant and has prepared the plan for a 68’ seasonal dock. The dock is a prefabricated aluminum seasonal dock and is the same system as other applicants on Johns Pond. They will be placed on concrete block footings that will be set in place as permanent markers so that the dock can be removed and put back each season. Agent McManus mentions that since Natural Heritage has not commented as of yet, he would recommend a continuance. Mr. Gurnee made a comment that he would like to see more detail regarding the 14 posts. Chairman Fitzsimmons asks about a platform shown on the plans. Mr. Borselli explains that the platform is an existing platform and that
they would like to move it into the water and connect the aluminum dock to it so that it is more functional as a connection to the shore. The Chairman states that platforms are not allowed. Agent McManus suggests cutting the platform down to the same width as the dock. Mr. Borselli explains that the platform has historically been in the water but it is brought onto the shore during the winter. His idea is to keep using as that and to attach the new dock to it. Mr. Borselli also believes that this platform should be grandfathered as it has been used on this property for many years but the Agent explains that because it is being incorporated into a new structure that the grandfathered status rights are waived because it becomes part of a new structure. It is recommended to the applicant and Mr. Borselli to cut the platform to 4’ wide.
Motion made, seconded and unanimously carried for a continuance until 6/24/10 at 7:30pm pending comment from Natural Heritage
7:12 Glen Condominium Association SE 43-2609 (100 Willowbend Drive) Treatment of nuisance vegetation at Willowbend Pond NOI
Applicable Resource Area: Land Under Water/ NHESP jurisdiction
Lori Macdonald from Baxter Nye Engineering is representing the applicant and explains that the pond is about an acre and that it is a man-made lined pond. There is no inlet but has an 8-10” pipe set in the north portion of the pond for overflow to the bogs. They are looking for approval to be able to continue to treat the pond for nuisance vegetation which has been done since 2004. The area that will be treated will be posted depending on the type of treatment and public notice along with abutter notification will be sent out. Mr. Sweet asks if there are any concerns on the chemicals that are used and Ms. Macdonald explains that most are relatively nontoxic except for Rimore which would require posting and it
is actually absorbed quickly as it binds to the soil.
Motion made, seconded and carried to close. ~In favor: Chairman Fitzsimmons, Vice Chairman Shaw, Mr. Sweet, Mr. Gurnee and Mr. Rogers. ~Opposed: Mr. Allen.
7:15 Gerard Keen (426 Monomoscoy Road) Rebuild (same footprint) 8 x 30 fixed pier and walkway; replace existing tie off posts RDA
Applicable Resource Area: Land Subject to Coastal Storm Flow/Land Under Ocean/Salt Marsh
Mark Burtis from Little River Dock is representing the homeowner and explains they would like to reconstruct the fixed pier in the same footprint using 8” diameter timber piles. The box spring can not be recovered because of some collapsing. Agent McManus would like identification displayed when completed.
Motion made, seconded and unanimously carried for a Negative Determination
Motion made, seconded and unanimously carried to adjourn the meeting at 7:54 pm.
Respectfully submitted,
Kris Carpenter
Administrative Secretary
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