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Conservation Commission Minutes 01/07/2010

Mashpee Conservation Commission
Minutes of January 7, 2010
Public Hearings
Mashpee Town Hall


Commissioners:  Chairman Jack Fitzsimmons, Vice Chairman Ralph Shaw, Jeffrey Cross,     Brad Sweet, Lloyd Allen, Mark Gurnee

Staff Present:  Conservation Agent - Drew McManus
                        Administrative Secretary – Kris Carpenter


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

  • Approval of Minutes from 12/03/09
Motion made, seconded and unanimously carried to approve the minutes of 12/03/09.

  • Approval of Mr. Lou Seligowski as Associate Commissioner        
Mr. Seligowski is a resident of New Seabury and has come before the Commission in the past on previous projects, most recently being the restoration of a salt marsh and protection of a coastal bank.  He introduced himself at the last meeting and has come into to the Conservation Office to meet with Agent McManus to go over some of the particulars and what is involved being a Conservation Commissioner.  Agent McManus feels comfortable with him coming on board as an Associate and recommends his appointment.

Motion made, seconded and unanimously carried to recommend approval of Mr. Lou Seligowski as an Associate Commissioner.

  • Approval of Ms. Cassandra Costa as Associate Commissioner
Ms. Costa was previously a full time Commissioner and is now interested in becoming an Associate member.  Ms. Costa is fully qualified for the Associate’s position and Agent McManus recommends her membership.

Chairman Fitzsimmons mentions that both people will need to be approved by the Board of Selectmen and Agent McManus will forward their names to the Board to let them know that both people have been recommended by the Commission.

Motion made, seconded and unanimously carried to recommend approval of Ms. Cassandra Costa as an Associate Commissioner.


  • Updates:
  • Trustees of Reservation:  Steve Nicolle – Joint venture to improve Mashpee River Woodlands North parking area.  MOU to be drafted.  Agent McManus had been contacted by Steve Nicolle from the Trustees of Reservation who are a land trust group that has some parcels in Mashpee and also throughout Massachusetts.  One of the properties that they share a portion with the Mashpee Conservation is the Mashpee River Woodlands.  They have a section of river front property on the western side of the river, and he inquired to a possible joint venture to improve the north parking lot on Quinaquisset.  The only access to their portion of the property is through the parking lot so they would like to donate some funds and manpower to improve the area and add signage indicating directions to the Trustees and Reservation parcel.  They would also look into possibly assist in fixing up the trail steps that lead to the Trustees property.  Agent McManus explains that this is pretty straight forward and very desirable agreement.  Mr. Nicolle will draft a memorandum of understanding which should be ready by the 21st and the Agent requested that he included signature spaces for the Commissioners to sign.  
Agent McManus also mentions that maintenance of the parking area would not be a problem as DPW can repair any ruts.  One of the things that Mr. Nicolle suggested was removing a split rail fence that is currently in bad shape as it is constantly being repaired and maybe replacing it with boulders or natural plantings.  Agent McManus also recommends re-grading to make it more level and possibly placing a kiosk with trail maps.  He will ask Mr. Nicolle to submit plans of proposed work.

  • Americorps: – Group project at Fitch Conservation Land (Mashpee River Woodlands).  Meeting with coordinator on Tuesday, January 12th.  Agent McManus had sent an application to Americorps for their group project but he’s not sure if it will be a winter or spring project.  It will be for the Fitch Conservation Parcel which can use some upgrading in terms of appearance and parking lot area but Americorps will be doing maintenance on a trail that is overgrown significantly.  He would like to see it widened enough so that it will not have to be maintained for a while.  The head of the trail starts at a small sand hill and the Agent would like to see boulder steps or railroad ties placed there as it is currently a safety hazard.
  • WBNERR Coast Training Program Scholarship:  Agent McManus was sent a flier for a course being offered at the Cape Cod Community College about environmental planning, policy and natural resource protection which Waquoit Bay’s Coastal Training Program is offering a scholarship for the course.  He applied for the scholarship and received confirmation of approval so he will start the course January 27 and ending May 5.

  • Wildfire treatment update Mashpee River Woodlands: The access road has been created and flagged out a 100’ wildfire interface.  They completed the chipping day, the firewise presentation and the home wildfire assessments.  Everything has been done except for the actual clearing in the interface area and that is being held up because of the weather.  Agent McManus has asked for an extension from the Cape Cod Cooperative until April 1 although Catherine Laurent has assured him that it will be completed well before that date.  Once the entire project is finished, Cape Cod Cooperative will issue the remaining balance of the grant money which will be used for the purchase of gates to block off the access road that was created and maybe some other improvements such as kiosks and trail signs.
  • New Business
Agent McManus explains that he receives updates from various environmental organizations and would like to know if any of the Commissioners would like to be added to the mailing list.  One for example is the Putnam Conservation Institute who is a land trust organization and they always have information about workshops, training opportunities, conservation updates and grants that have been approved for other states.  One other organization is called SEMCO (South Eastern Massachusetts Conservation Org.) and they have workshops in Woods Hole, guest lecture series and seminars.

Chairman Fitzsimmons would like to mention that it is a pleasure having a liaison to the Board of Selectman present, Mr. Mike Richardson, and Chairman Fitzsimmons asks Mr. Richardson if he would like to say anything in which he declines.


Hearing Agenda


7:00 Helen Lentell RDA (134 Wheeler Road) Permit Grandfathered Dock/Pier
        Ms. Lentell is present and would like to request permission for her grandfathered dock on Ashumet Pond to be permitted.

        Agent McManus states that this is another follow up to a letter that was distributed to Mashpee pond front homeowners a while back.  He explains that when it is proven that the dock is a grandfathered dock, we will ask the homeowners to come forward with an RDA so that they can permit their existing condition dock without any modifications.

        This dock is a standard wooden dock on wooden supports and has been in existence for several years.  Agent McManus would like to express to the homeowner, after noticing a few sections currently under ice, that if any repairs will be needed in the future than the homeowner will need to notify Conservation and make known what modifications will be done.  He also recommends to Ms. Lentell that she contact the State Waterways Licensing (Chapter 91) to inform them of her dock.

Motion made, seconded and unanimously carried for a Negative Determination


7:03 Cindy Adams NOI – SE 43-2596 (370 & 370a Monomoscoy Road) Demo / Rebuild Two Small Cottages (cont’d to 1/21/10 @ 7:06pm)
         It was read for the record that the applicant requested a two-week continuance until 1/21/10 at 7:06 p.m

Motion made, seconded and unanimously carried for a continuance until 1/21/10 @ 7:06 p.m.


7:06    Seymour Yanoff NOI - SE 43-2599 (24 Wheelhouse Lane) Vista Pruning
        Tom Jaloway is representing the homeowner on their application for a vista corridor.  He explains that this is an existing condition as the homeowners were under the impression they had an NOI filed by the builder which included vista pruning in perpetuity.  After contacting Agent McManus, they were informed that they do not have a current NOI issued for vista pruning so that is the purpose of this application for a permit.  The Yanoff’s would like to have a vista corridor off of the right hand corner of their house which is the deck area and which they could maintain in perpetuity.  The area is 25% of 104’ of frontage which gives them a 26’ wide vista corridor.  There is an existing corridor on the left hand side that will eventually re-establish itself and also an abutting neighbor is believed to have done some pruning in that same area.

        Agent McManus states that there had been extensive vista pruning already and had consisted mostly of topped vegetation (Saplings and shrubs mostly); The corridor is very thickly vegetated so there was no real adverse impact from previous pruning activity aside from alteration of wildlife habitat.  Because of the thick vegetation, there is no room for mitigation or re-plantings within the corridor.  

For the new corridor, they will keep everything at a 6’ height and Agent McManus has recommended the removal of Russian Olives as they are an invasive species and will be replaced with native shrubs.  

Motion made, seconded and unanimously carried to Close and Issue.


7:09 Ron & Cheryl Bloom NOI – SE 43-2597 (176 Daniels Island Road) Demolish / Rebuild (cont’d to 1/21/10 @ 7:12pm)
        It was read for the record that the applicant requested a two-week continuance until 1/21/10 at 7:12 p.m.

        Mr. Cross would like to note that this is the 3rd continuation for this application.

Motion made, seconded and unanimously carried for a continuance until 1/21/10 @ 7:12 p.m.


7:12 Jamie Shone NOI – SE 43-2600 (49 Tide Run) Demolish / Rebuild (cont’d to 2/04/10 @ 7:00pm)
        Steve Wilson is representing the homeowner.  Chairman Fitzsimmons asks Mr. Wilson if they will be requesting a continuation and Mr. Wilson confirms that there will be revisions to the patio area. They will be increasing the setback for the patio and buffer plantings.  Chairman Fitzsimmons explains that it is more sensible to wait to present the project until the time that it has been continued to so that the revisions can be incorporated into the presentation but he does understand that Mr. Wilson would still like to briefly explain the project.

        Mr. Wilson explains that this property had a fire in September 2009 and the first plan developed was to move the house back further away from the coast bank; however, the proposed raised patio and pool are in very close proximity to the coastal bank.  They will be working on a revised patio layout and increasing the buffer and setback to about 10’ for the full length of the coastal bank which is about where the existing house is now.  Mr. Wilson is asking for a continuance to February 4.

        Agent McManus states that he had asked Mr. Wilson to come forward to see if any of the Commissioners would have any questions regarding the proposed project.  Agent McManus inquired about the impacts of construction (heavy equipment, etc) in such close proximity to the top of the coastal bank and asks Mr. Wilson when he returns with the revised project and re-established work limit, if they can pay special attention to not disturbing the trees lining the top of the bank.  He is most concerned with the digging depth and what kind of impact it will have on their root systems and also the stability of the top of the bank.  Mr. Wilson states that they will establish the work limit for the house and construction and a second work limit for the re-plantings.

        Mr. Sweet asks about drywells for drainage because the current landscape plans do not show them and Mr. Wilson responds that there is a note that says that they will put them and it can be conditioned into the orders for such.  Agent McManus recommends that they be shown on the new revised plans.
        
Motion made, seconded and unanimously carried for a continuance until 2/04/10 @ 7:00 p.m.


7:15 David Goulden RDA (22 Taffrail Way) Replace Outside Shower / Extend Wooden Walkway (after the fact)
        Phil Miller of Miller Starbuck Construction is representing the homeowner.   This is an application for a replacement of the exterior shower and walkway.  Mr. Shaw asks if the shower is connected to the septic system and Mr. Miller responds that it is not.  Currently it is a 2 grade shower but he has discussed the situation with Agent McManus and it will be connected in the near future but the ground is presently frozen.  Agent McManus says that the RDA can be conditioned to state that the drainage must be hooked into the existing plumbing and the contractor/owner will need to provide proof of the work.
        
Motion made, seconded and unanimously carried for a Negative Determination with Conditions

Motion made, seconded and unanimously carried to move to Executive Session at 7:40 pm

Respectfully submitted,



Kris Carpenter
Administrative Secretary