Mashpee Conservation Commission
Minutes of May 27, 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 5/13/10
Motion made, seconded and unanimously carried to approve the minutes of May 13, 2010.
2) Administrative Approval: SE 43-2586 (One Waterline Drive North)
Applicable Resource Area: Flood zone A and buffer zone to salt marsh
Jack Vaccaro from Vaccaro Environmental Consulting represented the homeowner. This project was presented a couple of weeks ago for an amendment of Orders and at that time there were a couple of minor modifications that were not on the application. The Commission then requested that Mr. Vaccaro come back with a request for administrative review to clarify the modifications. The modifications consist of two sets of stairs; one set to the patio and the other set along the side of the house. The third modification is a small porch between the main part of the house and the attached garage.
Agent McManus states that it is minor modifications within the previously approved work limit and recommends an approval.
Motion made, seconded and unanimously carried to approve the Administrative Request of SE 43-2586.
3) Enforcement Order Cotuit Bay Condominiums - Unit 3H Riverview: A condo owner had removed two sapling sized trees and Conservation was promptly contacted by the law firm that represents Cotuit Bay Condos and was recommended that an enforcement order be issued. The violation will be addressed by the association but Concom can issue the enforcement order for mitigation.
Brian Wall, Attorney for Cotuit Bay Condominiums explains that there was not an eyewitness but in 2004 the same owner had cut trees in the same area and he even believes it might have been the trees that were put in on that mitigation enforcement order. The Chairperson of the Board witnessed people doing work in this particular condo so they assume it is the same owner. Mr. Wall would like to make clear that this work was done without the Board’s knowledge and without any proper permitting.
4) Enforcement Order 12 Popponesset Island: The Harbormaster had called and mentioned that the coastal bank looked significantly different. The Agent went to the property and it had been cleared of all ground vegetation and some trees. Two violation notices were sent out and the first one was “returned to sender” but the second notice was signed for; no one has called to address the issue. In the meantime, a neighbor had called to inform the Agent that a deck was being built at the same property within 30’ of the coastal bank so he went to the property and placed a stop work order on it. The deck currently is incomplete but still no contact from the owner. The next step after the certified mailing of the
Enforcement Order (after 10 days) is to implement a daily fine until it is resolved.
5) News & Updates:
- NRCS Grant Money Update (6/22/10 site visit): A site visit has been scheduled for June 22 at the Santuit Pond Dam. The parameters of the grant money currently will be fish ladder repair and the storm runoff abatement. The fish ladder is tied to a structure that is failing at the Santuit Pond Dam and the NRCS inspectors are requesting that the parameters of the grant money be expanded to cover some of the damage. They are positive about the Johns Pond outlet fish ladder and will build additional retaining walls to retain the sand that is coming into the pond and filling in the waterway which can clog the fish passage. They will also create a rock gabion wall on the other side of the pond because it is a very steep embankment. The water runoff abatement is at the end of Mashpee Neck Road at the Town Landing and the
water runoff goes right into Shoestring Bay which is a shellfish habitat. They are discussing a possible diversion swale.
- Regs Sub-Committee Meeting Date: The agent would like to establish a date for the next meeting.
- Scheduling of Site Visit to Eel River in Plymouth: Over the next couple of weeks, the Agent would like to schedule a visit to the Eel River in Plymouth since that is where the restoration project is occurring that is similar to the Quashnet River project. They are just about half way through and are in the planting phase.
- Re-Cap of Quashnet River Site Visit (Haley/Aldrich Report): The people from the Eel River Project NRCS were out to visit and Steve Hurley stated it was logical to do the full realignment to the western side of the bog. The wetland that was created from the berm failure will continue to exist as a wetland but the river will be diverted away from that area so the siltation will not keep building up and slowing the flow of the river. If it continues, it will become more like a swamp rather than river. The Airforce will be providing the funding so the Agent believes that it is time to bring Haley/Aldrich back in.
- Site Visit to Garner Farley Bogs: Need to schedule a visit to Garner Farley Bogs to finalize the lease agreement with Fred Bottomley.
- Gate Installation: Jehu Pond / Red Brook Road: A gate will be installed at Jehu Pond Conservation Area off of Great Oak Road South. There is a sinkhole that has reformed at Abigail’s Brook again that he believes was created by large vehicles that are probably dumping landscape debris. Mr. Sweet recommends discussing proactively to create an area for a turn around.
- M.O.U. with Trustees of Reservation (Mashpee River Woodlands): The Trustees of Reservation for the Mashpee River Woodlands have a created a sign with our Town Seal and Trustees of Reservation along with the Mashpee River Woodlands. They are also starting on some trail work, removing portions of the split rail fence and cleaning up the parking lot. Boulders will be placed lining the parking area. An Eagle Scout has created a trail map of the entire Mashpee River Woodlands and GIS/Tom Mayo will be asked to reproduce the map which will be available in the new kiosk at the north parking lot. It is being discussed to install a railing at the trail that leads down to the Trustees parcel because of the safety concern.
- Roadside Clearing at Pickerel Cove Recreation Area: The Fire Department cleared both sides of the road that leads into the Old Vin Haven / Pickerel Cove recreation area. There was a small brush fire a little while ago.
Hearing Agenda
7:00 Gary Steinbeck (83 James Circle) Permit grandfathered dock RDA
Applicable Resource Area: Johns Pond (Land Under Water)
Gary Steinbeck states his name. Agent McManus states that this application is for a grandfathered dock and then explains the requirements of identification on the dock to Mr. Steinbeck.
Motion made, seconded and unanimously carried for a Negative Determination
7:03 James Regan (140 Algonquin) 8’ x 8’ deck, front yard loam and seed, check & repair drywells Continued from April 29, 2010 RDA (Removed Vista Pruning – needs to be submitted as NOI)
Applicable Resource Area: Inland bank to Cataquin Pond
No one is available to present and Agent McManus states that it is up to the Commission to continue on his behalf or to deny it. He recommends a continuance so that he may contact Mr. Regan.
Motion made, seconded and unanimously carried for a continuance until 6/10/10 at 7:06pm
7:06 Carol Taylor (112 Waterway) Remove eight storm damaged Cypress trees RDA
Applicable Resource Area: Buffer zone to coastal bank
Charles Taylor says that when the construction took place for the dwelling they had planted a line of Cypress trees between his and the abutter’s property. They had grown rapidly to approximately 20’ tall. Due to severe winds this past year, several of the trees are now tilting up to a 45º angle towards the house; some are within a few feet of the home. They had previously staked the trees but without any results. Agent McManus met with the landscaper and they are leaning towards the house with the root systems being exposed. He states that there will be no requested mitigation because this
will be considered a hazardous situation. Chairman Fitzsimmons asks when the trees are removed will there be an erosion issue. The Agent says that it is a minor slope to the neighbor’s property, possibly 2’ in which Chairman Fitzsimmons suggests that they should be concerned with water runoff and that they should consult with their landscaper. Agent McManus recommends a siltation fence.
Motion made, seconded and unanimously carried for a Negative Determination
7:09 John Sokel (61 Tide Run) Remove three trees RDA
Applicable Resource Area: Buffer zone to coastal bank; Jehu Pond
Dan Buckley from One Pointe Home Curators represented the homeowner and explains that there are three trees that are overhanging the house. Agent McManus states that these trees are hazardous and can possibly fall on the deck and the house. There will also be some pruning of dead branches on some of the other trees.
Motion made, seconded and unanimously carried for a Negative Determination
7:12 Elaine Murray (120 Old Brickyard Rd.) Permit grandfathered dock RDA
Applicable Resource Area: John’s Pond: Land Under Water
Patricia Stone (sister) represented the homeowner. Agent McManus mentions that this is a grandfathered dock application and he was able to go onsite and confirm that it is an old wooden dock. The Agent then explains to Ms. Stone the identification process that is being requested of all grandfathered docks.
Motion made, seconded and unanimously carried for a Negative Determination
7:15 Kelly Richenburg (14 Tuspaquin Rd.) Construct 12’ x 12’ deck RDA
Applicable Resource Area: Buffer zone to Childs River
Casey Richenburg is redoing the house and would like to add a 12’ x 12’ deck in the rear of the house. Agent McManus explains that this property was previously before the Board for a septic upgrade and the homeowners are currently renovating the inside of the home. The backyard has already been disturbed so there will be no additional disturbance and he would recommend a negative determination.
Motion made, seconded and unanimously carried for a Negative Determination
7:18 Paul Boucher (196 Monomoscoy Road) Rebuild dock/pier (same footprint) RDA Cont’d to 6/24/10 @ 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 6/24/10 at 7:00pm
7:21 David Ferris SE 43-2608 (Seconsett Point Rd.) Construct extension to existing licensed dock (with maintenance in perpetuity) NOI Cont’d to June 10 @ 7:03pm
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 6/10/10 at 7:03pm
7:24 Cotuit Bay Condominiums SE 43-2554 (418 Quinaquisset Rd.) Vista pruning corridors at units 1-8 & 82-88 AOC
Applicable Resource Area: Coastal bank; Shoestring Bay
Brian Wall, Attorney representing the Board of Trustees, explains that about a year ago, the condominium came before the Conservation Commission to grant an Order of Conditions allowing a number of vista corridors along the coastal bank facing the Santuit River. For reasons that are unclear, they did not ask for permission for vista pruning corridors on the bank facing Quinaquisset Avenue and Shoestring Bay so they would like to ask for an addition to the permit to allow the same type of corridors along the bank facing Quinaquisset. Agent McManus states that there is enough frontage to allow for a 100’ (two 50’)
corridors. Bartlett Tree will over see this portion as they did the previous vista pruning corridor.
Motion made, seconded and unanimously carried to approve the Amended Order SE 43-2554
7:27 Jon & Diane Chilinger (77 Horseshoe Bend Way) Jack up house and add 4’ of new foundation on top of existing foundation RDA
Applicable Resource Area: Buffer zone to Ashumet Pond
Brian Grady from G.A.F. Engineering represented the homeowner and explains how the level of the pond has risen and caused flooding in the basement. They would like to jack up the existing home approximately 5’ and construct 4’ of foundation on top of the existing foundation; fill the lower 4’ and then poor a new slab. Agent McManus confirms the height of the pond and explains that Ashumet pond is the only pond in Mashpee that has no natural or man made outlet. He recommended permitting as an RDA because there is no grade change or any surrounding ground disturbance. The septic will remain where it is and they will only modify the plumbing.
Motion made, seconded and unanimously carried for a Negative Determination
7:30 Steve Mills (65 Sakonnet Dr.) Build 8’ x 26’ covered porch, grass lawn, plantings, crushed stone driveway Cont’d to June 24 @ 7:03pm
Applicable Resource Area: Buffer zone to John’s Pond
Belport Building & Remodeling has requested a continuance due to zoning issues.
Motion made, seconded and unanimously carried for a continuance until 6/24/10 at 7:03pm
Motion made, seconded and unanimously carried to adjourn the meeting at 7:55 pm.
Respectfully submitted,
Kris Carpenter
Administrative Secretary
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