Mashpee Conservation Commission
Minutes of January 21, 2010
Public Hearings
Mashpee Town Hall
Commissioners: Vice Chairman Ralph Shaw, Jeffrey Cross, Brad Sweet, Lloyd Allen 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 12/17/09
Motion made, seconded and unanimously carried to approve the minutes of 12/17/09.
2) Administrative Approval for 181 Surf Drive (SE 43-2345); Decreasing proposed footprint/dimensions of house
Wes Lohr from Lohr Construction explains that they are submitting new plans for approval to reduce the footprint of the proposed home and increase the setback from the coastal bank. The reason for the change is because the new owners want to build a specific type of house.
Motion made, seconded and unanimously carried to approve the Administrative Request of SE 43-2345.
3) Willowbend Glen Condo Association Pond Management Plan (notification)
The original RDA was issued in April 2007 and will expire in 2010. The permit is for aquatic vegetation control on a bottom-lined man made pond on the Willowbend Golf Course. There is a standard clause in every RDA permit that is specific for man made ponds and determination of vegetation management plans where it states that aquatic vegetation control projects are valid for the duration of the plan. Willowbend uses the same vegetation control firm each year so essentially they are using the same plan/methodology each year. There is, for this project, a management plan that was submitted with the RDA so if Willowbend were to change companies, than a new plan would be submitted and a new filing would be required
Agent McManus recommended that both the applicant and their contractor come before the commission to answer any questions regarding the on-going treatment of the pond
Motion made, seconded and unanimously carried to request a 2 week continuance to review additional mitigation.
4) Updates:
- Chapter 173: Regulation 1: Activities on Mashpee Conservation Lands (revised copy in mailboxes) (To be voted on at 2/4/10 meeting) – Revised Chapter 173: Regulation 1. This was advertised some time ago and has been re-worded but the regulation still prohibits and allows certain activities. Agent McManus states that there was some indecision as to whether it should be added as a separate bylaw or a regulation under the existing Chapter 173 Conservation Lands By-law. The agent explained that it should be added as a regulation under the existing by-law because it is straightforward in nature and would not require approval from the Attorney General’s office nor a vote at Town Meeting. It is basic guidelines and usage parameters for activities on Mashpee conservation lands. He has asked the Commissioners to review the
proposed regulation as he would like to have a vote at the February 4th hearing.
- Gate Installed on Fire Access Road; Mashpee River Woodlands: – The newly created fire access road has been gated and will soon have some signage. Conservation, DPW and the Fire Department will all have keys for the gate.
- Abigail’s Brook (Jehu Pond CA): Sinkhole formed: - This is at the section where Great Hay Rd crosses over Abigail’s Brook in the Jehu Pond conservation area. Agent McManus sent some photos to Jim Rassman at Waquoit Bay who is their stewardship coordinator and organizer for the Refuge Partnership meetings. He has requested that DPW fill it with rocks so as not to constrict water flow but rather lesson the hazardous situation. Mr. Rassman is meeting with personnel from Mass. Division of Marine Fisheries and they will be walking different points to find out about grant money for various tidal stream
upgrade and mitigation projects.
- AFCEE (Air Force Center for Environmental Excellence): Two New micro-Wells for FS-1 Operation at Quashnet Bogs: Mike Minior coming in on 2/4/10 to present proposal. – AFCEE is proposing additional monitoring wells. AFCEE representative, Mike Minior will be requesting Conservation approval for the installation of 3 new monitoring wells in the Quashnet Bog system. Agent recommends commission review without a permit filing as all proposed work is outside the 100’ buffer to surrounding wetlands; however the land is owned by the Conservation Commission and thus requires review and approval.
Hearing Agenda
7:00 Gary & Tina Steinback NOI - SE 43-2602 (83 James Circle) – Stairway and Plantings
Applicable Resource Area: Inland bank leading to Johns Pond
Scott Chapman from King and Queen Landscaping represented the homeowner and explains that they propose to replace existing steps and retaining walls comprised of creosote railroad ties and replace them with field stone in the same footprint. Additional proposals include replacement and minor relocation of existing hazardous raised stairway and mitigation plantings on the bank to replace what was cut/ removed.
They are looking at approximately 50 low laying plants so that it will be pretty full to create a natural habitat and help stop erosion. Vice Chairman Shaw asks that a plant list be submitted before issuing Orders.
Agent McManus noted that the retaining wall at the top of the bank crosses property lines and inquired as to whether or not the neighbor was aware of the proposed work. Mr. Chapman agreed to notify the neighbor and attain written approval of the portion of work that crosses property lines. Agent McManus recommends that if the Commission wants to proceed in this way than the Orders can be withheld from issuance until documentation is received demonstrating that the neighbor is on board with this proposal.
Motion made, seconded and unanimously carried to Close and Issue as long as agreement documentation and plant list is received.
7:03 Andrea Musto-Read RDA - (6 Tuspaquin Road) – Remove seashell driveway, loam and plant wildflowers
Applicable Resource Area: 100-200’ setback from the Child’s River
Andrea Read states that she is addressing some of the concerns that have been recently brought forth by Conservation Agent and she understands that the main concern was the lower seashell driveway. She states that the agreement would be for her to rake all the shells up and plant wildflowers.
Agent McManus explains that these discrepancies were noted when he went out to the property for an inspection because the owner is selling her home and had submitted an application for a Certificate of Compliance on project # SE 43-2213. The agent pointed out that the original plan of record showed the area of the existing lower clamshell driveway as a mitigation area to be planted with a native New England wildflower mix. The homeowner explained to Mr. McManus that the area of the first driveway slopes down into where the plantings were supposed to be but it was continuously getting washed out from the rain. The owner had decided to put in the 2nd driveway because they could not plant anything there. Agent McManus states
that they will accept the change of grade via a wood log retaining wall because it actually prevents erosion. In order to bring the property into compliance, the agent recommended clearing the clamshells off the driveway and loaming/seeding the area for various native wildflower species. The owners also drafted an agreement with the potential buyers that there will be $750 deposited into an escrow account for the plantings in the spring The agreement has been recorded at the Barnstable Registry of Deeds.
Mr. Allen asks what the thickness is of the seashells and if it is thin, than the shells could probably be dug in.
Motion made, seconded and unanimously carried for a Negative Determination
7:06 Cindy Adams NOI – SE 43-2596 (370 & 370a Monomoscoy Road) Demo / Rebuild Two Small Cottages (cont’d from 1/07/10)
Applicable Resource Area: Flood Zone A
John Slavinski from Cape & Islands Engineering is representing the homeowner and explains that there are two existing buildings(cottages) on one lot that are both in extremely poor condition. The septic is new and has been inspected by Cape & Islands, Mashpee Board Health and permitted through Conservation. The closest wetland area is 270’ away; however, the entire lot is within flood zone A. The two cottages will be rebuilt using the exact the same footprint except the construction will be similar to a garage with a frost wall around the perimeter and backfilled in with an additional slab to raise the first floor out of the elevation 12 flood zone.
Agent McManus states that tearing down the structures and keeping the footprint will not have any effect performance standards on land subject to coastal storm flow. He also made sure that the applicant was aware that if the Zoning Board requires changes to the proposed plan then the applicant would need to apply for an amended order and new notification to abutters. The agent asks Mr. Slavinski if there is any proposed landscaping and he says that there really is no room.
Motion made, seconded and unanimously carried to Close and Issue.
7:09 Town of Mashpee NOI - SE 43-2601 (59 Sunset Circle) – Regrade Roadway & Stormwater System (Continued to 2/18/10)
Applicable Resource Area: Bordering Vegetated Wetland
Agent McManus states that Natural Heritage has not commented yet and the Massachusetts Historical Society has cited this lot as once occupied by a tribal member in the early 1900’s (if not earlier) so they are requesting additional research is done before any disturbance to the lot.
Motion made, seconded and unanimously carried for a continuance until 2/18/10 @ 7:00 p.m.
7:12 Ron & Cheryl Bloom NOI – SE 43-2597 (176 Daniels Island Road) Demo / Rebuild (cont’d from 1/07/10)
Applicable Resource Area: Land Subject to Coastal Storm Flow and buffer zone to saltmarsh
Mike Borselli from Falmouth Engineering and Jen Malila from Centerline Studios are representing the homeowners. Mr. Borselli explains that this project is a demolition and reconstruction of an older home and within Land Subject to Coastal Storm Flow. The lot has been developed over time with the house, driveway and significant clearing of all the native vegetation between the wetland resources and the house. The proposed house is designed according to regulations of Mashpee’s Chapter 172 By-law and substantial mitigation is proposed in accordance with mitigation calculations under the by-law. Mitigation will be 1160 square feet of native plantings. The new house includes a raised patio and stepping stone access. There is a
walkout designed because the lot gently slopes from front to back but it will have the necessary flood venting for the event of high water during a storm, the water will flood into and recede without being trapped within the structure. The first floor is elevated significantly above FEMA base flood elevations. The house is currently being served by a failed cesspool which is approximately 25-30’ away from the salt marshes and will be required to be upgraded to a Title V septic system with a denitrifying system. The cesspool will be filled with sand and the pipe to the house will be removed. There will be some trees that need to be removed as a result of proposed construction, most of which are located in the front yard further from the salt marsh. The lot is heavily disturbed from previous landscaping and clearing activities, mostly comprised of overgrown lawn
Ms. Mellila explains that the project requires 1660 sq ft. of mitigation comprised entirely of native plantings. They will be removing the grass on the waterside and replacing with plants and mulch and possibly creating a small lawn area on the street side. They will be improving the grade to slant towards the driveway (currently slopes toward the water). The roof run off will be contained through a combination of drywells and/or drip strips Agent McManus recommended submission of specific plans showing the final layout system for roof/patio run off. Mr. Sweet comments on two Cedar trees and his concern of the work limit that runs close to them with the possibility of machinery damaging the root systems. Ms. Malila says
they will put semi-permanent snow fencing around them for protection during construction.
Agent McManus explains that there will be a preconstruction walk thru as is standard procedure with all NOI filings to make sure that the Orders of Conditions are understood
Motion made, seconded and unanimously carried to Close and Issue.
Motion made, seconded and unanimously carried to adjourn the meeting at 8:10 pm.
Respectfully submitted,
Kris Carpenter
Administrative Secretary
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