Mashpee Conservation Commission
Minutes of March 4, 2010
Public Hearings
Mashpee Town Hall
Commissioners: Ralph Shaw, Lloyd Allen, Jeffrey Cross, Brad Sweet, and Mark Gurnee
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 2/04/10
Motion made, seconded and unanimously carried to approve the minutes of 2/04/10.
2) Approval of Minutes from 2/18/10
Motion made, seconded and unanimously carried to approve the minutes of 2/18/10.
3) Request to Extend Vista Pruning Deadline to March 15th, 2010 (vote required)
Agent McManus states that he has been receiving multiple calls regarding vista pruning and would like to receive approval to extend the pruning deadline to March 15. Mr. Sweet recuses himself as he currently has a vista pruning in perpetuity permit.
Motion made, seconded and unanimously carried to extend vista pruning to March 15, 2010.
4) Signing of Endorsement Letter for the Cape Cod Water Resources Restoration Grant Program: Priority List of Mashpee Projects (signatures required)
Agent McManus has been working with Rick York - Shellfish, Perry Ellis – Harbormaster, Catherine Laurent – DPW Director, Joyce Mason – Town Manager and Chuck Green – Representative of the Tribe to identify projects for the Cape Cod Water Resource Restoration. Three major projects have been identified as top priorities which two of them are to repair the fish ladders at the Santuit Pond Dam and John’s Pond Dam. The third project is to improve road run-off that has contributed to siltation of shellfish beds in Shoestring Bay. It has been indicated that there is a strong chance for funding with a 25% “in kind” contribution from the town which that expense can be tied into the labor.
5) Updates:
- Herring Run Clean Up: Friday, March 5th; Quashnet, Mashpee and Santuit Rivers – The cleanup is scheduled for tomorrow, March 5th with Americorps, Brad Sweet, Mike Richardson, members of the Wampanoag tribe and some DPW employees (as a volunteer basis).
- Request for Associate Status: – Marcus Hendricks has shown an interest in joining the Commission as an Associate member. There is no vote at this time since Agent McManus would like Mr. Hendricks to come into the office to discuss the parameters of an Associate member’s role and also would like him to attend a meeting.
- Garner Farley Bog Lease: Copies of draft lease agreement & grower comments sent to all commissioners via email – Correspondence was sent out regarding the Garner Farley Bog lease and the difficulty the Agent has had contacting the grower who accepted the RFP. He has requested Town Council to send a certified letter requesting that he contact the Commission about the drafted lease and signature.
- Progress Update from Ch. 172 Regulations Sub-Committee: Brad Sweet, Mark Gurnee, Jeff Cross are part of the regulation sub committee and their first step is to look at the overall organization of the regulations to make sure everything flows smoothly and how they are categorized.
Hearing Agenda
7:00 Patricia Briggs RDA (35 James Circle) – Permit Grandfathered Dock
Applicable Resource Area: Johns Pond
Peter Briggs is representing the home owner and is seeking a permit for an existing dock. Agent McManus states that this is part of the initiative to permit existing grandfathered docks so a record of their footprint can be maintained. There have been no changes to the dock so he recommends a Negative Determination.
Motion made, seconded and unanimously carried for a Negative Determination
7:03 Jamie Shone NOI SE 43-2600 (49 Tide Run) – Demo / Rebuild Fire Damaged Home Continued to 3/18/10 @ 7:00pm
Applicable Resource Area: ACEC Flood Zone & buffer zone to Coastal Bank
Steve Wilson from Baxter Nye represented the homeowner along with Dan Solien from Horiuchi Solien Landscaping and Tara Marden from Woods Hole Group. The original plan was modified to move the house back a few feet and the pool / patio were cut back to maintain a minimum distance of 10’ from the top of the coastal bank. They are proposing two work limits; one was recommended by Bartlett Tree that during construction to put up a chain link fence to prevent foot traffic and any construction equipment getting in near the coastal bank. The second work limit will come into play later and consist of the planting plan that Dan Solien has prepared. There will be four drywells to pick up the roof run-off including one under the pool
area for all the drainage from the pool patio.
Mr. Solien states that some of the key points of the existing landscape are a few trees and a bark mulch surface with a lack of wild life planting. Currently there is a lot of foot traffic in the back yard and the proposed changes will limit that with the only circulation being from the stairways to the dock and the stairways to the front yard. The new plan elevates the terrace and pool so that it is the same level as the house. There will be little excavation because the pool will be no more than 4’ into the ground. Trees will be watered and fertilized during construction as recommended by an Arborist and then followed up with beetle control. They are proposing about 200 native shrubs between the structure and top of the
bank. The front yard will consist of some ornamental plantings with a small patch of lawn and also a little bit of lawn along the street which is required by the Association.
Mrs. Marden addresses some concerns of this project having any impact on the coastal bank. She has been to the property twice to see if there was any active erosion and also to determine possible proposed work effect. The bank itself is thickly vegetated with shrubs and a couple of substantial trees. There is no indication that it has been eroding and the trees growing on the front face of the bank signify that it has been very stable for some time. It appears that there were some significant size trees that had been cut down some time ago. She believes that because there is only about 4’ of excavation for the pool, her opinion would be there that there will be no impact on the bank itself. She also noticed that a
neighboring property had a complete in-ground pool with the edge of the pool being approximately 4’ from the top of the coastal bank so she researched through the Registry of Deeds and was only able to find an Order of Conditions issued in 2004 that permitted the owner to re-do the pool, patio and landscaping. That pool has been there for quite some time in which it consisted of a full excavation and it is also closer to the bank so it leads her to believe that this project will have no impact.
Agent McManus states that there is evidence of undercutting and Mrs. Marden remembers seeing undercutting by the stairs. Mr. Allen and Mr. Cross estimate that the weight of the pool when complete will be well over 100 tons which makes them concerned about the stability and requests that a structural engineer be consulted.
Agent McManus also states that the grandfathered setback is lost when a structure is demolished for a rebuild and recommends that they provide as much buffer as possible and move the setback of the pool and patio right to the existing foundation of the dwelling. Mr. Solien believes that there is a 30’ front yard setback from the road regulation for the town of Mashpee and from the garage to the street is 30’. They would have to seek a variance from the town if they were to move the structure closer to the roadway.
Vice Chairman Shaw recommends a continuance.
Motion made, seconded and unanimously carried for a continuance until 3/18/10 at 7:00pm
7:06 Lemonia Macropoulos RDA (88 Cayuga Ave) – Maintenance Tree Pruning
Applicable Resource Area: Inland bank to John’s Pond
Woody Martin is the caretaker of the property and describes branches overhanging the rear deck and requests permission to prune the trees.
Agent McManus explains that this is a simple request of maintenance pruning of many branches overhanging the deck that could be possible hazards with fallen limbs.
Motion made, seconded and unanimously carried for a Negative Determination
7:09 Town of Mashpee NOI SE 43-2601 (59 Sunset Circle) – Regrade Roadway & Stormwater System
Applicable Resource Area: Bordering Vegetated Wetland
Lori MacDonald from Baxter Nye Engineering and Surveying explains that this project involves construction and installation of a flood control basin. They are proposing to regrade Sunset Circle to shed water off the pavement and to prevent flooding into a basin. The existing leaching basins will be abandoned in place and it will be regraded to a stone riprap which will turn into a vegetated swale and into a forebay. There is a detention area and also a perforated overflow pipe The basin will be vegetated with a variety of wetland species and the mitigation will be about 989 sq.ft. The shrub species will be selected to withstand numerous flood conditions and also promote a great deal of wildlife habitat value to the area.
Catherine Laurent, DPW Director, explains that this area has a significant flooding issue in the intersection even during minor rain storms. They have attempted to alleviate the flooding with six leaching catch basins but because the ground water level is so high, these basins are failing. The proposed basins are sized to control peak discharge rates to at the 2, 10, 25 and 100 year storm events. Mr. Sweet inquires about cleaning salt sediment and Ms. Laurent responds that they have planned the two-bay design so that the cleaning can be done in the forebay and she states that her department’s normal maintenance includes spring cleanup of sand from the catch basins.
Motion made, seconded and unanimously carried to Close and Issue
7:12 Briarwood-Mashpee Association RDA (261 Hooppole Road) – Permit Grandfathered Dock
Applicable Resource Area: Johns Pond
David Palmer, President of Briarwood-Mashpee Homeowners Association would like to request a permit for a grandfathered dock.
Agent McManus states that this is the same as the earlier hearing and it is to permit a fixed pier with a float attachment as there is no proposed work.
Motion made, seconded and unanimously carried for a Negative Determination
7:15 James Callahan RDA (131 Shore Drive) – Addition/Deck/Renovations/Septic System Upgrade
Applicable Resource Area: Flood zone
John Holmgren from J.K. Holmgren Engineering is representing the homeowner and states that they would like to add a 16’ x 32’ addition to the rear of the house along with a 5’ deck that will have a 5’ handicap ramp.
Agent McManus mentions that they will be filling in the existing cess pool in the rear yard with clean sand and proposing a new septic system in the front yard (Shore Drive). The lot is heavily landscaped with no disturbance except for existing lawn.
Motion made, seconded and unanimously carried for a Negative Determination
7:18 Jack Ghublikian RDA (140 Summersea Road) – Rebuild 4’ x 44’ Fixed Pier, Ramp & Float (same footprint)
Applicable Resource Area: Flood Zone, Salt marsh, Land Under Ocean
Mark Burtis from Little River Dock Construction is representing the home owner. The original dock was constructed in 1968 and they would like to replace it with a new dock using the same footprint and using flow-through grading for more sunlight.
Motion made, seconded and unanimously carried for a Negative Determination
7:21 Kelly Richenburg NOI (14 Tuspaquin Road) – Upgrade Septic System
Applicable Resource Area: Childs River / River Front
John Doyle is representing the homeowner and states that the current septic system has failed inspection. The new conventional Title 5 system will be placed in the northeast corner of the property which is the only area outside of the 100’ buffer zone. Mr. Cross questions the pump dependency because of the grade and Mr. Allen recommends installing a 2nd pump as a back up.
Agent McManus states that this property borders a man-made culvert (extension of the Childs River) that was historically created to flood the bogs and does not see any adverse impact to the area.
Motion made, seconded and unanimously carried to Close and Issue
7:24 Gordon & Catherine Vanderbrug RDA (181 Daniel’s Island Road) – Front Room Addition 22’ x 6-½’
Applicable Resource Area: Flood Zone
Jason Cox is representing the applicant and is requesting approval for a bathroom addition to the front of the dwelling.
Agent McManus reads for the record a note received from the Board of Health stating that due to the increase in footprint, a septic system inspection is required.
Motion made, seconded and unanimously carried for a Negative Determination as long as Septic Inspection is completed
Motion made, seconded and unanimously carried to adjourn the meeting at 8:37 pm.
Respectfully submitted,
Kris Carpenter
Administrative Secretary
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