Conservation Commission
Minutes of February 10, 2011
Public Hearings
Mashpee Town Hall - Conference Room 3
Commissioners: Vice Chairman Ralph Shaw, Brad Sweet, Lloyd Allen, John Rogers
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: Thursday, January 27, 2011
Vice Chairman Shaw states that a quorum is needed to approve the minutes and there is not one since he was not present for the January 27th hearings. The Agent states that they will approve the minutes at the next meeting on February 24, 2011.
- Update on Refuge Partnership Meeting at WBNERR:
- N.E. Cottontail: The New England Cottontail Study is in progress. The NE Cottontail is a possible listing candidate for the Endangered Species Act. Volunteers have been doing habitat studies in Mashpee as well as other parts of the Cape to find out what the range is. They have been setting up trappings in Pine Barrens and the Santuit Pond Reserve as well as other areas throughout the refuge. They have trapped approximately 20 rabbits and only about a quarter of those turned out to be NE Cottontail (the Eastern Cottontail is almost identical in the field).
- Gates/Parking Areas (Pine Barrens, Jehu Pond & Noisy Hole) – The Pine Barrens has been undergoing a lot of road side clearing in the interest of wildfire safety as well as the creation of buffer zones around the Holland Mills neighborhood, Dover Road and Greenwood Road. Now that the roads are more open, it is more tempting for vehicle dumping and other illegal activities. It is recommended that temporary barriers might be placed in these areas to discourage vehicle traffic. Agent McManus references his discussion with Chief Baker and how valuable gates are as a management tool. The Agent is seeking permission from the Commission to get a proposal for several gates (instead of one gate at a time) and Mr. Sweet requests a budget report before making decisions.
- Cameras – To be placed in areas where it is a problem to put gates and where they are easily vandalized. One area of concern is John’s Pond which is most problematic.
- Update on Conservation Land Subcommittee Meeting with Chief Collins: The discussion focused mostly on John’s Pond and what can be done about the activities like dumping, parties and vandalism which are mostly concentrated in the sand pits. There is a lot of ATV and motor cross riding in the bogs area. The main concern is the Quashnet River Realignment Project and they will require some kind of control in the area so that they do not have to worry about vandalism while working on the project. Chief Collins recommended installing gates on some of the off-shoot roads which should be placed in such a way that they can not be pulled out by chain/truck and then to back them up with cameras. It is also recommended to increase the volunteer presence. The Chief states that due to budget constraints he cannot
dedicate a patrol presence out there every weekend.
Agent McManus mentions that Mr. Allen was going to research methodology of installing gates and insuring that they will be more difficult to remove. Mr. Allen suggests welding across the bottom of the pipe.
HEARINGS
7:00 James Regan SE SE 43-2611 (68 Cayuga Ave.) New 68’ seasonal dock - NOI Cont’d to March 10, 2011
Resource Area: Johns Pond: Land Under Water
Material submitted:
Representative requested continuance. Agent McManus informs the Commissioners that this has been an ongoing continuance because Mr. Regan has been dealing with Natural Heritage as there are fresh water muscles identified in the area. Until the Commission hears from Natural Heritage, an Order of Conditions can not be issued. The Agent has sent an email to Mr. Regan stating that this will be the last continuance allowed since it has been almost a year since first submitted.
Motion made, seconded and unanimously carried for a continuance until 3/10/11 at 7:00pm
7:03 Katherine & Brown Lingamfelter SE 43-2642 (65 Seconsett Point Road) Replace existing licensed bulkhead in same location - NOI
Resource Area: Coastal Bank, LSCSF, ACEC, Land Under Ocean
Material submitted: Plot Plan 12/29/10 Falmouth Engineering / Cross Sections & Bulkhead Design 12/29/10 Falmouth Engineering
Jack Vaccaro from Vaccaro Environmental is representing Falmouth Engineering for this project. The work proposed is on the southern part of the lot on the Waquoit Bay side. Mr. Vaccaro explains that there is an existing timber bulkhead that is in a state of disrepair and needs to be replaced. It is right up against the shore of Waquoit Bay and extends from a riprap seawall. The wall is approximately 1½’ – 2’ tall at the highest point and they would like to replace it with vinyl sheeting. The new wall will be installed directly behind the old timber so there will not be any further encroaching on the waters of Waquoit Bay. The old timber bulkhead will come out first to allow the piles to be
driven in. They will remove 10-15’ of bulkhead at a time to keep it in manageable sections and it is estimated to be a section per day repair. The work will include tearing out the bulkhead, pulling back the slope enough to allow the new vinyl piling to be put in place and then driven with a vibratory hammer which is a mechanical device mounted on a small excavator. Agent McManus asks about the construction access and if there will be any kind of disturbance to the vegetation close to the bank along the bulkhead. Mr. Vaccaro can see an area that is less dense in trees that he proposes to use as an access. He feels that they can maneuver the mini excavator through there. Another option is that they could bring the equipment in along the edge of the lot on the north side and possibly they will use both accesses as the timber comes out. The Agent also wants to know if the bulkhead continues down into the abutting property and Mr. Vaccaro
confirms it does but that portion is not in their control and the new bulkhead will continue up to that point. Mr. Sweet points out that the new vinyl looks to be higher than the existing timber which Mr. Vaccaro confirms stating that it is approximately 1½’ higher and believes that the engineer didn’t think the current height was high enough.
Motion made, seconded and unanimously carried to Close and Issue
7:06 Marion Oost-Lievense SE 43-2646 (2 Kim Path) Proposed addition and septic repair - NOI Cont’d to April 7, 2011 @ 7:00pm
Resource Area: Buffer Zone to Freshwater Wetland/ Cedar Swamp
Material submitted:
Representative requested continuance.
Motion made, seconded and unanimously carried for a continuance until 4/7/11 at 7:00pm
7:09 Kerry McNamara SE 43-2641 (39 James Circle) Remove existing retaining walls, stairs and walkways and replace with a natural grade and a 2’ stone/block retaining wall - NOI Cont’d from 1/27/11
Resource Area: Inland Bank/ Buffer to Johns Pond
Material submitted: Plans to Accompany NOI (4pgs) 12/03/10 MacDougall Surveying / Plans to Accompany NOI (Proposed Scheme) 2/10/11 MacDougall Surveying
Gregg MacDougall from MacDougall Surveying is representing the applicant and explains that this project proposes to remove wood retaining walls and stairs that are dilapidated and produce a gentle 3:1 slope with a small retaining wall at the bottom. Agent McManus mentions that the abutters were present at the January 27th hearing and they had some concerns of the slope going into his property which was at a lower elevation. The Agent wanted to be sure that it states on the plan the area of vegetation that is not to be disturbed on the property line. The abutters had wanted some clarification of what exactly would be cleared and where the equipment was going in the interest of maintaining the slope between the properties. The abutter had submitted a letter stating that they have communicated with the homeowners and have agreed to the plan. The Agent states that the plantings being proposed are not required mitigation but are just being proposed by the owner as there is
not any mitigation required. Mr. MacDougall also mentions that the abutter was also concerned with soil erosion on his side of the lot where it slopes down but as said previously, the vegetation will not be disturbed on that slope and it does state that on the plans.
Motion made, seconded and unanimously carried to Close and Issue
7:12 Mark Sullivan (318 Red Brook Road) Remove 10 pine trees & construct 8’ wide deck to access door – NOI Cont’d to February 24, 2011 @ 7:03pm
Resource Area: Buffer Zone to Coastal Bank (Ancient Line) & Freshwater Wetlands
Material submitted:
William Megan is present for Mark Sullivan and Agent McManus explains to him that Conservation had tried to contact him in regards to continuing this hearing due to outstanding taxes that have not been paid by Mr. Sullivan. Mr. Megan states that Mr. Sullivan had called him to ask him to attend this hearing tonight for him as he had a family emergency. Agent McManus states that this hearing will still need to be continued as it is a town-wide policy to continue hearings that have outstanding bills.
Motion made, seconded and unanimously carried for a continuance until 2/24/11 at 7:03pm
- Establishment of Oversight Committee for the Quashnet River Project:
Agent McManus would like to establish an oversight committee that includes representation from the community, who are involved environmentally, have some non-profits and/or state colas. The Agent feels that this will be a very big project and down the line, the deeper involvement in the project, he will need assistance. Presently, Haley & Aldrich are preparing a budget outline for events moving forward and once submitted, he will have a better idea of the scope of the project. The Agent mentioned that there was a Cranberry Management Committee when the bogs were being worked on about 20 years. Agent McManus believes that this project will be one of the biggest habitat projects the Commission has ever taken on as this is over 20
acres of complete restoration in trying to restore a cranberry bog to its pre-existing condition. There are many things to consider such as what will be done with the rest of the bog; maybe establish some wetland areas or re-establish a white-cedar swamp and these are the things that an oversight committee can decide upon. The Agent states that he will be able to bring in some consultants who have worked on projects like this. He is actually meeting with David Gould, Town of Plymouth Natural Resources Director who was the person responsible to start the Eel River Project. Vice Chairman Shaw mentions that oversight committees have worked in the past and there is clearly a need for one for this project. Mr. Sweet suggests using the Enterprise to bring information to the public in which it will explain the magnitude of the project and also ask for interested organizations or people who have an interest with something to offer. Agent McManus mentions
that he’s been in touch with the Mass. Historical Commission as there is a list of permits that he will need to acquire and they are waiting for more concrete plans which Haley & Aldrich along with AFCEE will be working closer together to come up with in regards to the realignment. Vice Chairman Shaw feels that having a representative from various agencies will be more than enough for a committee.
Motion made, seconded and unanimously carried to adjourn the meeting at 7:35 pm.
Respectfully submitted,
Kris Carpenter
Administrative Secretary
***All material submitted for hearings can be found on Conservation Flash Drive dated 7/1/10***
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