Conservation Commission
Minutes of January 13, 2011
Public Hearings
Mashpee Town Hall - Conference Room 3
Commissioners: Chairman Jack Fitzsimmons, V. Chairman Ralph Shaw, Brad Sweet, Lloyd Allen
Staff Present: Drew McManus (Conservation Agent) and Kris Carpenter (Administrative Secretary)
Call Meeting To Order: 6:55 pm - Public Comment
Pre/Post Hearing Agenda:
- Minutes: Approval of the following minutes: Regular & Executive, Thursday, December 16th, 2010
Motion made, seconded and unanimously carried to approve the regular and executive session minutes of December 16, 2010.
- NStar (pending): Agent McManus had invited a representative from NStar to speak about the vegetation maintenance plan on their easements but unfortunately has not been able to get a hold of him. Vice Chairman Shaw asks if this involves chemicals and the Agent believes that it is only mechanical. They are going town by town presenting their herbicide treatment but he believes it is strictly mechanical for this project which is the same as it was before. Mr. Sweet asks about the herbicide and Chairman Fitzsimmons asks if DEP has a list of approved herbicides. Agent McManus says that they do have an approved list and he believes that NStar does follow their protocol. The issue with herbicide treatment is how it is distributed. If it is a broadcast spray than it would effect the areas outside the target area.
- Capeway Welding Estimate for Retrofitting Three Gates with Housing Units: Agent McManus received a welding estimate to retrofit three gates. It is less than $600 for three housing units. The gates are at Pickerel Cove, Jehu Pond and Santuit Woods Conservation area.
HEARINGS
7:00 Anthony Shaker (128 Waterway) Remove 3 trees - RDA
Resource Area: Buffer Zone to Popponessett Creek
Material submitted: Certified Plot Plan 12/14/10 BSS Design
Eddie Gibbons is representing the homeowner to request the removal of three native pitch pines that have pine borer damage. Agent McManus confirms that the trees show pine beetle holes and that they have all produced a lot of pine cones which is a reaction to beetle damage. The Agent questions the removal of the tree near the bank as it is not a hazard to the house. He mentions that if the owners would like to remove it under Mashpee’s bylaw then they can proceed through mitigation and replace the lost habitat value of the tree based on its dbh (diameter at breast height). He would like to recommend removing the two near the house but leaving the third tree as is. Mr. Gibbons states that they will not be grinding the
stumps. Agent McManus explains that this is a tricky area because it falls within a vista corridor. The Agent states that a replacement of the tree will be acceptable as well but he would have to go out and take a measurement of the infected tree. Chairman Fitzsimmons asks if the property ever had a vista application which the Agent is not sure and he would have to check the files. Mr. Allen suggests taking the tree down now and replace it with native plantings.
Motion made, seconded and unanimously carried for a Negative Determination subject to Agent’s approval of replacement (Regulation 12 – Mitigation).
7:03 Ronald & Cheryl Bloom SE 43-2638 (176 Daniel’s Island Road) Pier Dock & Float - NOI
Resource Area: LSCSF, Salt Marsh, Land Under Ocean
Material submitted: Plan – Proposed Pier, Ramp & Float 10/26/10 Falmouth Engineering; Dock Details 10/26/10 Falmouth Engineering
Michael Borselli is representing the applicant. There was a previous project with an Order of Conditions for a house reconstruction that was approved. The house construction has begun and they are now seeking permits to build a private recreational dock. The construction would consist of a set of stairs that lead to a 4’ wide elevated walkway which will lead to a ramp and a float. The walkway is elevated over salt marsh and will utilize flow-through decking to allow sunlight to the saltmarsh as in accordance with Chapter 91 requirements. Agent McManus asks Mr. Borselli what the water depth is and he responds to the Agent that it is 1.5’ at low tide.
Motion made, seconded and unanimously carried to Close and Issue
7:06 Elliot Schneider & Candace Gordon SE 43-2640 (55 Amy Brown Road) Pier Dock & Float - NOI
Resource Area: LSCSF, Salt Marsh, Land Under Salt Ponds, Land Under Ocean & ACEC
Material submitted: Proposed Walkway 12/15/10 Cape & Islands Engineering
Jack Vaccaro from Vaccaro Environmental is representing the applicant. This property came before the Commission under the present owner approximately three years ago for a stairway proposed from the top of the coastal bank down to the edge of the salt marsh which was approved under DEP # SE 43-2473. They have not been built yet but the new owners would like to install a boardwalk that would intercept the stairway and extend it to the mean high water line across the salt marsh. From there, it is proposed to have an aluminum ramp that would extend to an anchored float that will be close to the seaward edge of the salt marsh where the water depths are 2’ at mean low water. The decking will be sufficient to allow light penetration at 70%.
Agent McManus spoke with Eileen Feeney from Marine Fisheries who mentioned that this area has been designated ACEC and that they have a typical template of recommendations. The Agent states that, in this case, he spoke to the Shellfish Constable and the Harbor Master and they informed him that it is a “mucky” bottom with no eel grass existing in this specific area.
Motion made, seconded and unanimously carried to Close and Issue
7:09 Neal & Susan Karelitz SE 43-2639 (384 Monomoscoy Road) Swimming Pool & Amenities – NOI
Resource Area: LSCSF, Buffer to Salt Marsh, Land Under Water and BVW
Material submitted: Proposed Site Plan 9/9/10 Cape & Islands Engineering; Mitigation Plan 12/15/10 Cape & Islands Engineering; Existing Conditions 9/9/10 Cape & Islands Engineering
Jack Vaccaro from Vaccaro Environmental is representing the homeowner. Mr. Vaccaro explains that the property is an unusual setting with a gradual sloping yard which has been maintained by mowing. During extreme tidal situations it floods. According to Mr. Vaccaro, It is not low enough in the landscape to be considered a salt marsh as it is below the spring tide elevation. Mr. Vaccaro does say though that there is enough wetland vegetation and hydric soils in the low part of the lawn for it to be regulated as a bordering vegetated wetland. Mr. Vaccaro is hoping to be allowed to make some changes so that it is more natural as a functioning bordering vegetated wetland with appropriate salt tolerant species for the area that may be prone
to salt flood. The homeowners would like to place a swimming pool in the back of the house. Currently, there is a patio area, lawn and stone retaining walls. Mr. Vaccaro explains that the pool structure will occupy the area of the patio and a portion of the lower lawn. Approximately 3250sq ft of turf will be removed from the site. Proposed mitigation planting consists of Bayberries, Beach Plum and Sweet Gail and placed in both the upland and the area adjacent to the salt marsh. Agent McManus confirms that there are two resource areas; a saltmarsh and the bordering vegetated wetland which is degraded. There are no trees and is most characteristic of flood waters which have changed the composition of the soil. The Agent confirms that they are requesting to be within 25’ of the bordered vegetated wetland but the mitigation proposal is a waiver of requirements under the applicable regulation. He believes it is a great
opportunity to enhance the BVW that abuts the salt marsh and the trade off is worth it as it is not a performing wetland area. Mr. Sweet is concerned about the new plantings after the first high tide. Chairman Fitzsimmons asks how far the existing retaining wall is from the BVW and the plan shows that it is just under 60’ and he wanted to confirm that they are requesting to move it to 25’. Agent McManus explains that they proposing a reduction in turf and the mitigation will be more beneficial to the resource area as well. Chairman Fitzsimmons asks if there is any plan to put a pathway in and Mr. Slavinski believes that they could amend the plan to put a raised walkway in. Vice Chairman asks about the survival of the new plantings and the Agent informs him that there needs to be a 3 year / 90% survival rate according to the bylaw. Chairman Fitzsimmons suggests a follow up visit in one year. Mr. Sweet inquires about the
mitigation when it matures in 3-5 years, will the applicant be looking for vista pruning? Agent McManus states that under the mitigation regulation, there is no manipulation of mitigation and they must be allowed to grow to full capacity.
Motion made, seconded and unanimously carried to Close and Issue with understanding from applicant to amend plans for a boardwalk and a follow up visit from Agent in one year.
- Finalize AFCEE Letter of Intent (additional comments?): The Agent asks if there were any additional comments. Chairman Fitzsimmons asks for another copy and the Agent will submit one to him and wait until the end of the week for more comments.
- Final Comments On Permit Fee Proposals: No comments.
- Meeting with Alex Hackman (MA Div of Ecological Restoration): Regarding Quashnet River and Eel River Projects / MACC Workshop – Friday January 14th at 11:00am. The Agent informs the Board that Mr. Hackman is the lead man on the Eel River Projects. They will take a look at the Quashnet River and the Agent will then try to get as much information as possible from Mr. Hackman. The Agent also mentioned that Mr. Hackman had invited him to an MACC conference on March 3 where he is giving a presentation on his Eel River Project and asked the Agent to co-present with him on the proposed realignment at the Quashnet Bogs.
- Update on Selectmen’s Meeting: Proposed Fees & Contract Agreement with MA Division of Fishing and Boating Access: Pickerel Cove and Moody Pond. The first item discussed was the fee increases and the Selectmen had recommended that a public meeting be posted and advertised so that it could be commented on by the public. Once that is done, then re-present to the Selectmen for final approval. The second item was that the Selectmen did approve the contract agreement pending Town Counsel review for the Division of Fishing/Boating access for the new kayak launch areas in Pickerel Cove and Moody Pond. The Agent sent the deed information for Pickerel Cove to the representative from Division of Fishing and Boating Access who will draft up the contract agreement. Once the contract is
received then the Agent will send it to the Town Council for review.
- Update on CPAC Funding for Pickerel Cove Projects: A request for funding was approved for a creation of a two-acre field at the Pickerel Cove Recreation area as well as the creation of a 25 car parking area by the water. Both plans were part of the overall land management agreement with the Fisheries and Wildlife. This is in addition to the funding for the canoe/kayak launch area.
- Refuge Clean Up Day: Cancelled because of weather and rescheduled for 1/26/11. Plans are to go through Jehu Pond Conservation area and John’s Pond to pick up as much trash as possible. Mr. Sweet mentions that he has been talking with Tom Staruch who is willing to bring bobcats in and help with debris pick up along Great Hay Road and would like to know if it has to be scheduled the same day as Refuge Clean Up Day and the Agent responds that it does not.
- Reminder to Submit Open Meeting Law Sign Off Sheets: The Agent reminded everyone to submit their signed acknowledgements and return to Concom office.
- Establish Meeting Dates for Subcommittees:
- Regulatory: Will have to schedule after speaking with Mark Gurnee who was not present. The Agent recommended setting a time via email.
- Land: Mr. Allen mentions that any Wednesday except for February 9th is good and the Chairman states that he will be away as of January 30th. This also is recommended to schedule via email.
Motion made, seconded and unanimously carried to adjourn the meeting at 8:07 pm.
Respectfully submitted,
Kris Carpenter
Administrative Secretary
***All material submitted for hearings can be found on Conservation Flash Drive dated 7/1/10***
| 
