Mashpee Conservation Commission
Minutes of May 13, 2010
Public Hearings
Mashpee Town Hall
Commissioners: Vice Chairman Ralph Shaw, Lloyd Allen, Brad Sweet, John Rogers
Staff Present: Drew McManus (Conservation Agent) and Kris Carpenter (Administrative Secretary)
The meeting was called to order with a quorum by Vice Chairman Shaw at 6:55 pm.
There was no public comment.
Pre/Post Hearing Agenda
1) Approval of Minutes from 4/29/10
Motion made, seconded and unanimously carried to approve the minutes of April 29, 2010.
2) Administrative Approval: SE 43-2586 (One Waterline Drive North)
Applicable Resource Area: Flood zone A and buffer zone to salt marsh
Motion made, seconded and unanimously carried to continue the Administrative Request of SE 43-2586 to May 27, 2010.
3) Updates:
- Onsites for Grant Projects: Santuit Pond Dam Fish Ladder / Johns Pond Fish Ladder
Agent McManus met with the Natural Resource and Conservation Services for the water restoration grant money. The grant money is primarily focused on repairs/replacement of fish ladders and storm water runoff projects that will help reduce siltation and contamination of shell fish. He met them at the Santuit Pond Dam first to discuss how the dam itself needs to be repaired but it will not do much good to replace the fish ladder if the dam can not be repaired. They discussed how the town is planning on doing an “in kind” in matching labor and some funding for repairs to the dam and the road that leads to the dam as that is in really bad shape from ATV’s. Don Liptak who is our representative for these grant funds will
see if they can expand the parameters of the funds to include dam repair. The Johns Pond Fish Ladder will require an extension of the retaining walls on the pond side to prevent sand from accumulating in the fish ladder and extend the wall on the river side because of the steep embankment and erosion. It was suggested a rock gabion wall on the river side and large boulder jetties on the other side instead of concrete because of safety concerns with children. There is also the road runoff issue at the end of Mashpee Neck Road that needs funding for repair as well. Agent McManus believes that we will get funding for all three projects as they are all “shovel ready”.
- Quashnet River Feasibility Study – Division of Ecological Restoration onsite at Quashnet bogs: Agent McManus, V. Chairman Shaw and Commissioner Allen met at the Quashnet Bogs with representatives from the Division of Ecological Restoration to look at the Quashnet River and consult on the river re-alignment. Steve Hurley from Fish Wildlife clarified the 3rd scenario as the best option which involves complete realignment of the river through the bogs. The Agent’s next step is to contact DEP regarding permitting due to the dredging involved and then he will contact AFCEE/Mike Miner, Town Council and Haley & Aldridge. Vice Chairman Shaw asks if this could be completed within the season and Agent McManus responded positively. The Agent also mentions that the DER representatives are also working on
the Eel River project in Plymouth which is very similar to Quashnet but a much larger scale.
- Johns Pond Sandpits: Mashpee Police: Agent McManus states that there was another incident between sandpits 1 & 2. Someone had left a boat and a trailer on fire which burned a quarter of an acre of the woods on each side. The Mashpee Police have set up patrols over the last two weekends and they have found over a 100 people each time partying and burning trees. Hopefully the patrols will be kept up each weekend. The Agent would like to invite Chief Collins to a meeting to discuss options for the ongoing problems which are becoming worse each year.
- Jehu Pond: Gates: DPW will be installing a gate next week at the parking lot on Great Oak Road. Mr. Sweet asks if a turn around will be created at the gate so as not to use private property to turn vehicles around.
- Subcommittees: The Agent would like to set up a date for another meeting now that Mr. Gurnee is back from traveling.
- Landscape Presentation: Chapter 172 By-law Review: The Agent gave a presentation for Chapter 172 and Permitting review for landscapers and arborists. It was televised so people will be able to view on the web. Bylaws and jurisdiction was reviewed along with assistance in filling out RDA’s, Extension Permits, Certificate of Compliance, Administrative Reviews and Amended Orders.
Hearing Agenda
7:00 Elsie Jacobson (71 River Road) Remove 22 pine trees and 3 oak trees that are hazardous to dwelling RDA
Applicable Resource Area: Buffer zone to river front and coastal bank
Elsie Jacobson explains that it is necessary to remove the trees because they have become a hazard to the dwelling. There are substantial branches that could possibly break off during storms. Agent McManus has met with Tom Sterych from Quality Tree on site to confirm that all the trees that are coming down were flagged. There are a few trees outside of Conservation jurisdiction. There were some Pitch Pines with bark beetle damage. Mrs. Jacobson states that the stumps will be left so as not to cause further ground disturbance.
Motion made, seconded and unanimously carried for a Negative Determination
7:03 Donato & Judith Federico (14 & 16 Seconsett Point Road) Upgrade septic to Title V RDA
Applicable Resource Area: Land Subject to Coastal Storm Flow (buffer zone)
Raul Lizardi-Rivera from Holmes & McGrath is presenting and states that this project was presented previously in 2001 and consisted of reconstruction of the dwelling but that fell through. Currently the existing septic has failed and they are now proposing a system that was the same one presented in 2001. It is for a 1500 gallon tank. According to Mr. Lizardi-Rivera, the Board of Health will be asking for a waiver for the 20’ set back. The tank is the only component that will be in the flood zone. The tank and leaching field are both in front of the house. Agent McManus states that it is straight forward and the Board of Health is aware of issues that need to be worked out.
Motion made, seconded and unanimously carried for a Negative Determination pending approval from the Board of Health
7:06 Sharon Blakeman (11 Santuit Pond Rd) Paved driveway with retaining wall (after the fact) RDA
Applicable Resource Area: Buffer zone to inland bank
Sharon Blakeman explains that there was a water runoff problem that ran down her yard into the wetlands. She had conferred with DPW to put a berm in but still no relief. She was then advised to build a retaining wall in the back of a driveway and slope the driveway towards the street which resulted in the water not turning into her yard but continues past her house to the catch basins. Agent McManus explains that the house was permitted through Concom in 1997 and one of the conditions was that the driveway was to be a pervious driveway. The Agent has completed a site visit and states that this option has resolved the
water runoff problem and circumstances take precedence.
Motion made, seconded and unanimously carried for a Negative Determination
7:09 William Martiros (49 Cranberry Avenue) Grandfathered Dock RDA
Applicable Resource Area: Johns Pond
William Martiros explains that the dock has been there since 1968. Agent McManus states that this is straightforward application and then explains to Mr. Martiros how to identify the dock for the purpose of possible dislodging.
Motion made, seconded and unanimously carried for a Negative Determination
7:12 William Martiros (53 Cranberry Avenue) Grandfathered Dock RDA
Applicable Resource Area: Johns Pond
Mr. Martiros also owns this property with a grandfathered dock that has been there since 1972. Agent McManus states the same conditions for this dock as 49 Cranberry Avenue.
Motion made, seconded and unanimously carried for a Negative Determination
7:15 Barry Marsolais (12 Brookside Circle) 6’ stockade fence RDA
Applicable Resource Area: Buffer zone to River front / Coastal Bank
Jeff Ryther from BSS Design is representing the homeowner. He explains that this application is for one leg of fence on the northwest lot line. He also explains that this is a vacant lot because there was originally a NOI submitted for a dwelling but due to an abutter’s complaints, it is has been in the court system for sometime. There were superseding orders issued from Mass DEP and also the court ruled positive with DEP but it is now in appeals. Mr. Ryther states that there has been some encroachment with mowing from the abutter and the fence will delineate the property line. Agent McManus mentions that RDA applications do not require abutter notification.
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 5/27/10 @ 7:18pm
Applicable Resource Area: salt marsh, land under ocean, land subject to coastal storm flow
Paul Boucher is requesting approval to rebuild existing dock. Agent McManus asks about the float and whether it would be placed in an ACEC jurisdiction. Mr. Boucher is not sure but it has been there since 1984 and the Agent states that if there is ACEC, than no permitted piles can be placed in that area. Mr. Boucher then says that it must be, because he does know that he can not put permanent piles there. Agent McManus then explains that it will have to be a seasonal bottom anchor float. Agent McManus then asks if the pilings will be a different size than existing because that would require digging larger holes. He is requesting the owner provide more detail on the project and would recommend a continuation for the
engineer to be present.
Motion made, seconded and unanimously carried for a continuance until 5/27/10 at 7:18pm
7:21 William Howard (83 Ninigret Ave) Clear brush, cut trees and plantings (after the fact) RDA
Applicable Resource Area: buffer zone to isolated land subject to flooding
Laura Howard explains that there is a vernal pool in the back yard on the adjoining lot. She would like to plant grass and shrubs and will adhere to mitigation regulations since she was not aware of restrictions of the buffer zone. Agent McManus states that originally the back yard was completely full of Asian bittersweet and he is not sure if it is a certified vernal pool, at least it is not officially listed as one but there were some trees cut down also. The Agent has created a mitigation plan for Ms. Howard which will consist planting of some sapling size white oak and 16 shrubs of four different varieties that are conducive to that type of area. The plantings will have to have a 90% survival rate which will be carried in
perpetuity and also must be monitored for three years. Plant failure will need to be replaced as soon as possible. Lawn must be a native rye fescue grass and only organic fertilizer. The hiring of a certified landscaper was strongly recommended.
Motion made, seconded and unanimously carried for a Negative Determination
7:24 Robert Labich (21 Fiddler Crab) Repair existing deck RDA
Applicable Resource Area: Coastal Bank
Robert Labich mentions that the existing deck support is not current code. The posts sit on cement blocks on a 3” cement pad. He would like to dig five holes for proper sono-tubes. Agent McManus states no impact on resource area.
Motion made, seconded and unanimously carried for a Negative Determination
7:27 Popponesset Beach Association (Seawall – Nick Trail to Jeep Place) Repair and maintenance (in perpetuity) of seawall RDA
Applicable Resource Area: Coastal bank, coastal dune, coastal beach, land subject to coastal storm flow.
Christine Fairneny explains that there is one section of the seawall that needs repair. They will have a mason that will chip all loose pieces off and possibly place rebarb and pump in cement.
Motion made, seconded and unanimously carried for a Negative Determination
Motion made, seconded and unanimously carried to adjourn the meeting at 7:55 pm.
Respectfully submitted,
Kris Carpenter
Administrative Secretary
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