Conservation Commission
Minutes of March 10, 2011
Public Hearings
Mashpee Town Hall - Conference Room 3
Commissioners: Vice Chairman Ralph Shaw, Brad Sweet, Mark Gurnee, Lloyd Allen, John Rogers
Staff Present: Drew McManus (Conservation Agent) and Kris Carpenter (Administrative Secretary)
Call Meeting To Order: 6:55 pm - No Public Comment
Pre/Post Hearing Agenda:
- Minutes: Approval of the following minutes: Thursday, February 10, 2011 & Thursday, February 24, 2011
Motion made, seconded and unanimously carried to approve the minutes of February 10, 2011 and February 24, 2011
- Enforcement Order: 74 Algonquin (bylaw only filing 01-2) – Chapman Funeral Home; Unauthorized removal of trees/plantings in a buffer to wetland and grading changes.
(Resource Area: Isolated Land Subject to Flooding)
Agent McManus states that there is an enforcement order to be signed at the end of the night for Chapman Funeral Home because they had removed some vegetation along the roadside of Route 151 and had changed the grading within the 100’ buffer zone. Chapman Funeral Home explained that they had done this to increase the visibility of the signage as it was difficult to see when driving down Route 151 and it created a dangerous situation with drivers. The agent had found that several large trees had been cut even within the 25’ buffer to the wetlands and also some actually within the wetland. The Agent had spoken with their attorney, Rob Mills who had asked if they could proceed with a mitigation plan through an enforcement order and the Agent states that it would be acceptable as Chapman’s
has an existing NOI on file for the construction of the funeral home. The cutting violated those Orders. Landscaper, Mary LeBlanc will submit a new mitigation plan for approval.
HEARINGS
7:00 James Regan SE SE 43-2611(68 Cayuga Ave.) New 68’ seasonal dock Cont’d from 12/2/10- NOI
Resource Area: Land Under Water & Land Containing Shellfish
Material submitted: Plot Plan 5/26/2010 Falmouth Engineering
James Regan explains that they have come to an agreement with the Division of Fisheries. Mr. Regan states that they are requiring a steel rod or bolt with permanent footings. Vice Chairman Shaw asks if there are new plans showing the different footings and the Agent confirms that the permanent footings will be specified in the Order of Conditions. Agent McManus informs the Commission that this project has been continued several times because it is in Natural Heritage jurisdiction due to the presence of rare fresh water mussels specifically in this area of John’s Pond. It required a MESA filing with Natural Heritage in which they like to establish some kind of conservation management plan for the mussels. Natural
Heritage has sent a draft of an approval letter to Mr. Regan and the Agent which requires Mr. Regan to approve the draft and they then will then send out a final copy. The management plan will need to be incorporated into the Order of Conditions for the dock. The reason for permanent footings is so that the dock will not be moved from place to place, year after year therefore altering other mussel habitat. The Agent then asks Mr. Regan to remove a floating piece of dock that is currently in the water if it is not being used. He also mentions that there are canoes & kayaks & debris on the other side of his back yard that are sitting on existing vegetation and that they need moved to an area upland of any BVW. Mr. Allen asks about the concrete that is shown on the plan and suggests that it be moved from the 2’ area to approximately 3’ in.
Motion made, seconded and unanimously carried to Close and Issue
7:03 Leon Rosenberg SE 43-2651 (7 Bight Circle) Install vinyl sheet pile bulkhead - NOI
Resource Area: Coastal Bank, LSCSF
Material submitted: Site Plan – Proposed Sheet Piling 2/14/2011 Falmouth Engineering
Michael Borselli from Falmouth Engineering is representing the homeowner and is requesting to install a shorefront erosion protection system to the property. He explains that the coastal bank is eroding due to boating activity and sea level rise. Some of the vegetation at the top of the bank is being threatened including some trees that may fall in. The existing landscape around the pool is in close proximity. He states that the owner is trying to be proactive by installing this structure now rather than later. The installation includes a vinyl sheet piling structure that is similar to other applications that have been permitted in the past. Mr. Borselli explains that they will be able to access the installment site
by removing a section of a fence and gate. They will use a small track-mounted excavator. The vinyl sheets will then be installed with tie backs being placed to help hold the wall. It is connected by a timber whaler that runs along the outer surface of the sheet vinyl. The work proposed is just above MHW and it will prevent any further erosion to Popponesset Creek. Mr. Borselli states that the coastal bank is not a sediment source. Agent McManus does confirm that the work is above MHW so it does not need Chapter 91 review. He also mentions that this area has a lot of eroding banks from boat wakes and ice damage. The Agent states that this project does meet the performance standards as the coastal bank is not a sediment source. Vice Chairman Shaw inquires about mitigation for the trees affected by the project. Mr. Borselli would like to request an allowance to submit a more comprehensive planting plan that will include more
suitable mitigation after the wall is installed. He states that Mr. Rosenberg would certainly like to re-establish his landscape as the owner wants more vegetation for privacy rather than less for view. Mr. Gurnee asks how it is intended to keep it from washing out underneath if it is right above MHW and Mr. Borselli explains that the sheet piling sections are approximately 18’ long and the typical design is you need to have twice the length into the ground as the exposed height. He states that there will be about 6’ above and 12’ driven into the ground.
Motion made, seconded and unanimously carried to Close and Issue pending receipt of a planting plan.
7:06 Joy Hibsher (29 Pond Circle) Replace failed septic with new Title V. Old system will be pumped, filled with clean sand & abandoned - RDA
Resource Area: Buffer Zone to BVW and Buffer Zone to Pond Front
Material submitted: Site Plan 2/04/2011 Warwick & Associates Inc.
Jack Landry-Cauley is representing the project and explains that it is pretty straightforward. The client has a failed septic system that needs to be repaired. The site is unique in which there is a wetland on both sides of the property so they will be placing the system as far away as possible from the two wetlands. In order to comply with Title 5 as much as they can, they have to install a pump, a shallow design system and place on the highest part of the lot. Agent McManus states that the Board of Health has reviewed and approved the plans.
Motion made, seconded and unanimously carried for a Negative Determination
7:09 Essence Landscaping SE 43-2650 (39 Sunset Circle) Remove timber retaining wall from inland bank and replace with masonry block wall 5’ further back from water’s edge - NOI
Resource Area: Inland bank, BVW and Pond Front
Material submitted: Site Plan 2/21/2011 Engineering Works, Inc.
Jack Vaccaro from Vaccaro Environmental is presenting for the applicant. Mr. Vaccaro explains that they are proposing to replace a bulkhead that is in pretty bad shape of disrepair with a new block wall that will be approximately 5’ back landward of existing wall. He explains that they would like to install the new wall first before removing the old timber wall. The new wall will be about 2’ shallow and will use native material to pack down and lay the wall right on top. Mr. Vaccaro mentions that there is an area of bordering vegetated wetland by the southern end of the property but they will only be within 5’ of the area. He also states that the pond is in a rare species habitat and that the mapped
habitat does extend into the work area so they have had to submit a copy of the NOI to Natural Heritage and Endangered Species. Agent McManus asks if there will be any backfill to connect the new wall to the old wall because he is curious as to the purpose of the second wall where it is being graded to a sandy beach front. Mr. Vaccaro responds that the owners do use the area as a beach area and they are only trying to stabilize the shoreline at that location and protect the habitat from ice damage. Agent McManus would like to point out that if the owners have any intention of beach nourishment in the future then they would have to come before the Commission for that. Mr. Vaccaro agrees and suggests that it be conditioned in the Orders.
Motion made, seconded and unanimously carried to Close and Issue
7:12 Eric Benway SE 43-2649 (2 Point Road) Construct house addition, septic system alteration/relocation and driveway - NOI
Resource Area: Buffer Zone to Coastal Bank; Buffer to Salt Marsh and LSCSF
Material submitted: Proposed Site Plan 2/16/2011 Cape & Islands Engineering
John Slavinski from Cape & Islands Engineering is present for the home owners and he explains that when the house was first built, the lot next to this one was owned by someone else. Within the last two years, Mr. Benway was able to purchase that property so now he has a double lot and would like to put an addition onto his existing house. The addition will consist of a living room, garage and an additional bedroom. Mr. Slavinski states that they are going to lift the leaching part of the septic system and move it 12’ more away from the BVW. Agent McManus reads the Board of Health comments for the record which states that the application is under review. The Agent also mentions that he had a prior discussion with
Mr. Slavinski regarding mitigation regulations which had not become regulated until 2005 and this house was built in 2000. Since they are removing natural vegetation within the 50’ buffer to coastal bank in a small area of the lot for the addition, there will be opportunity for mitigation and Mr. Slavinski said that he spoke to his client who is happy to oblige.
Motion made, seconded and unanimously carried to Close and Issue
7:15 Marianne Townsend (16 Deans Hollow Rd) & Scott Murray (21 Squaw’s Lane) Restore degraded coastal dune and portion of buffer zone with maintenance in perpetuity - NOI
Resource Area: Coastal Dune, LSCSF & Buffer to Coastal Beach
Material submitted: Proposed PBA Dune Restoration Planting Plan 2/23/2011 Talbot Ecological Land Care / Proposed Restoration Plan 2/21/2011 Cape & Islands Engineering
Michael Talbot from Talbot Ecological Land Care briefly describes the history of this property and that the Commission had issued an Order of Conditions to 16 Deans Hollow Road for the removal of some trees and properly re-vegetate an area on the property. Mr. Talbot states that the neighboring property viewed the mitigation plan which they very much liked and they then briefly discussed that a section of the dune along both properties is owned by the Popponesset Beach Association (PBA). One of the invasives is an old fashion landscape rose that has escaped into the dune and has completely stopped the accretion of sand and has essentially destroyed the habitat value as a dune. The two properties have decided to work together as two
applicants on this NOI. The agreement includes the complete eradication of the invasive species and the plan of revegetation of the dune area which is actually an extension of what has already been permitted. The NOI includes a very detailed three-year management plan as part of the agreement with PBA so that once the project is completed and there is a Certificate of Compliance, the Murray’s and Townsend’s will have a lien on the property to maintain this area for three years. Mr. Gurnee asks if there will be a need for any fill and Mr. Talbot states that there will be about 40-90 cu. yrds. of dune nourishment to the Murray property.
Mr. Talbot states that the Murrays’ and Townsends’ are both funding the project themselves even though it is PBA property. Mr. Murray says that even though the agreements is for only three years, they intend to be there for quite some time and will continue to maintain it as he does not want to see the invasive roses grow back.
Mr. Sweet asks how they plan on eradicating the existing vegetation and Mr. Talbot states that they would like to attempt to do it mechanically as the equipment is less weight. They are hoping that they can just rip the shrubs out. Mr. Sweet comments that when finished, the dune will stand out beautifully. Agent McManus suggests placing a sign that states “Coastal Dune Restoration” so to give a positive impression for the project. The Agent also mentions that Natural Heritage does not come into play.
Motion made, seconded and unanimously carried to Close and Issue
7:18 Robert Fox Jr. (22 Starboard Lane) Construct a 78’ squ. ft. addition with an 84’ squ.ft. deck, remove existing first floor deck & retaining wall and replace with patio & expanded retaining wall - RDA
Resource Area: Buffer to Coastal Bank, Buffer to LSCSF
Material submitted: Existing Conditions 2/28/2011 Down Cape Engineering / Proposed Addition 2/28/2011 Down Cape Engineering / Proposed Landscape 2/28/2011 Down Cape Engineering
Andrew Garulay from Down Cape Engineering is representing the contractor and homeowner. The project consists of removing a large existing wood deck that is just above grade on the water side of the house, a stone wall that wraps around stone steps and also wood steps that go up to the deck. They are also proposing an expansion of the 2nd floor bedroom with a deck. They would like to remove the existing deck on the first floor and partially rebuild in another location. The wood deck on the first floor will be
replaced with blue stone patio and a new wall along the property line. There will be another retaining wall that leads back to the house with two planting beds. Agent McManus states that there are some changes within 50’ feet of the coastal bank but the lot is already heavily landscaped/hardscaped so the changes are mostly cosmetic and have no adverse impact from a environmental standpoint. Mr. Allen asks if they have to use Privet and Mr Garulay says that they are looking for a screen that they can maintain the height and keep narrow easily. Mr. Sweet mentions that this area is prone to flooding and the Agent suggests possible runoff systems or drain gardens. Mr. Garulay mentions that they will pick up some drainage along the edge of the property with a 4” drain pipe.
Motion made, seconded and unanimously carried for a Negative Determination
- Correspondence Materials Regarding Quashnet River Project: Alex Hackman from the MA Division of Ecological Restoration had issued comments and offered a lot of insight and good ideas in regards to Mashpee’s approach to the Quashnet River realignment. It is more of a process based approach rather than targeting different species and catering to those species. The Agent is in process of organizing a meeting with Doug Allen from Haley & Aldrich, Mike Minior from AFCEE, Jim Rassman from WEBNER, members of the Tribe and as many Commissioners that can attend. Vice Chairman Shaw asks how many members the Agent anticipates for the oversight committee and Agent McManus is unsure but would like to limit it to seven members (same as Concom Commission). Mr. Sweet mentions that Doug Allen has been with the program for
some time but there seems to be some conflicting opinions in regards to the language. Agent McManus states that Mr. Allen was thrilled to read Alex’s comments and had even stated that the comments were a bit of an “eye opener”. It basically pointed out that this project should be looked at as a whole restoration project and not to focus on a specific species like brook trout or an anadromous fish run, as Steve Hurley has been doing. Alex’s comments tend to broaden everything as not only a major realignment but a wetland restoration. The Agent mentions that AFCEE has come into some new funding for continued studies as far as river realignment, soil test boring and other diagnostic studies. Vice Chairman Shaw inquires how many more studies before they see some action and Agent McManus says that they want to find this out as well at the meeting. Mr. Sweet states that Alex has directed us in a different direction which expands some
of the complexity of the project. The Agent agrees and states that Haley & Aldrich’s approach mostly involves berming up the sides of the river to create a fast flowing channelization. Possibilities could be opening the Red Maple Swamp abutting the K-2 bog and incorporating that flow into the system to allow more nutrients in and make it a more processed based approach instead of just a rigid channel that is going to be bermed up and focusing on brook trout as well as anadromous fish passage. Alex suggests using the surrounding eco system to the greatest extent possible so that you have a river system similar to what it used to be prior to the conversion to cranberry bogs.
Discussion on Quashnet River Oversight Committee: Agent McManus recommends sending out requests for presentations from companies that specialize in these types of projects if it is felt that the Commission is not getting any more confidence in what is trying to achieve at these meetings. There is a company called Interfluve who specializes in river realignment projects. The Agent states that he could could organize this and target the companies. He believes that the number one priority is to identify basic goals like improving flow, cover, habitat and water temperatures. The members of the committee would have to realize what it is they want to achieve and what is necessary to get it. Other items that need to be considered when discussing with consults and Committee members is a planting
plan, expansion into the wetland; what was a cranberry bog at one time and what are the best way to accomplish these things.
AFCEE is required under the Order of Conditions to return the bogs to their pre-existing conditions which consist of removing all existing berms and restoring the failed berm to its pre-existing condition. Not all of the berms need to be removed and Mike Minior had indicated that the funds can be used towards whatever rehabilitation approach that is taken to realigning the river. The funds are to be used mainly for the realignment only. There are a number of programs through places like the US Fish and Wildlife, Trout Unlimited, Nature Conservatory, Coastal Zone Management, DEP and many more that have a lot of funding Opportunity for the wetland restorations of the rest of the bogs.
- Update on Proposed Herring Run Walks: Agent McManus informs the Commission that he has been in contact with some members of the tribe and Natural Resource Council regarding the organization of some Herring Run walks toward the end of the month. He has not heard from Americorps as of yet but there will still be plenty of volunteers. He will update everyone on the time and date.
- Update on Setting Up Herring Run Count Program for Mashpee Through APCC (Association for Preservation of Cape Cod: The Agent mentions that he will be attending a workshop next week and that he will start setting up a Herring Count Program for Mashpee for the Mashpee River and Quashnet River. He will need to recruit people to volunteer to sit by the runs with a clicking meter to count the fish as they swim by. He states that there will be assistance from the Association for the Preservation of Cape Cod.
- Establish Meeting Dates for Sub-Committees: Will hold off scheduling now and establish meeting dates via email.
Vice Chairman Shaw asks for a motion to hold executive session for the purpose to discuss Mr. Field’s fine / pending litigation situation. The Board complies with a roll call in which all unanimously agree.
Executive Session
Motion made, seconded and unanimously carried to adjourn the meeting at 9:07 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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