Conservation Commission
Minutes of April 21, 2011
Public Hearings
Mashpee Town Hall - Conference Room 1
Commissioners: Chairman Jack Fitzsimmons, Vice 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 - No Public Comment
Pre/Post Hearing Agenda:
- Minutes: Approval of the following minutes: Thursday, March 10, 2011 Regular Session & March 10, 2011 Executive Session and Thursday, March 24, 2011 Regular Session & March 24, 2011 Executive Session.
Agent McManus states that none of the above listed minutes can be approved as John Rogers is absent and that would not leave a quorum of members that were present at each meeting.
Motion made, seconded and unanimously carried to postpone the approval of all Regular & Executive minutes until May 5, 2011
- 74 Algonquin (Chapman Funeral Home):
Material submitted: Mitigation Landscape Plan 3/29/11 Mary LeBlanc Landscape Design
Agent McManus explains that the Chapman Funeral Home had made landscape changes within 50’ of the wetland area. Mary LeBlanc presents a mitigation plan for the enforcement order. She explains that there have been a lot of complaints from people driving to the funeral home and how they continuously miss the turn off to Algonquin. There have also been a few accidents so she states that Mr. Chapman removed the trees and shrubs to help with visibility. Ms. LeBlanc would like to restore the understory because of the valuable habitat and to stabilize the ground. She would also like to add additional plantings all the way up the 100’ buffer. Ms. LeBlanc also mentions that Mr. Chapman has moved his sign closer to Route 151 with a boulder retaining wall. They will be adding a
continuous planting berm between the grassy road shoulder and the BVW.
Motion made, seconded and unanimously carried to approve the mitigation plan as submitted
- Mashpee Refuge Clean-up Status: The Refuge Clean-up has been delayed a couple of times and is now tentatively scheduled for April 27th at 9am. Mr. Sweet asks if certain items will be accepted at the transfer station and Agent McManus states that all items are accepted except construction debris although the Bourne Transfer station will allow two truckloads (only) of construction material at no charge. Mr. Sweet also asks if residents will be allowed to bring debris to the transfer station on short notice and the Agent answers that they will be allowed as he is working with the DPW Director to obtain transfer passes.
- Meeting with Lt. Sexton and Tom Mayo: Agent McManus informs the Commission that the Mashpee police are on board with identifying problem areas within the John’s Pond Conservation. They have consulted with Tom Mayo, Town’s GIS Coordinator, and identified many areas that will either be gated, blocked with boulders or concrete barriers off the main road that stretches through John’s Pond. They will be working on blocking off some of the small offshoot roads.
- Capeway Welding: Three gates have been retro-fitted with housing units and the total was $582.00 (Jehu Pond, Pickerel Cove and Santuit Woods).
HEARINGS
7:00 Paul Boucher (196 Monomoscoy Road) Rebuild dock/pier (same footprint) ***Withdrawn*** - RDA
7:03 Robert Stow SE 43-2408 (25 Monomoscoy Rd. West) Add ramp & float to approved walkway ***Withdrawn*** - AOC
7:06 Dobson & Foley SE 43-2656 (8 & 21 Squaw’s Lane) Remove existing catch basin, frame and grate. Replace with a new catch basin, road base to be replaced with 6” reclaimed asphalt and repaved Continued to May 19 @ 7:00pm - NOI
Resource Area: LSCSF
Material submitted:
The applicants have requested a continuance.
Motion made, seconded and unanimously carried for a continuance until 5/19/11 at 7:00 pm
7:09 Greg & Tina Steinbeck SE 43-2657 (83 James Circle) Beach Nourishment with MIP - NOI
Resource Area: Buffer Zone to Pond Front, Inland Bank
Material submitted: Plan to Accompany NOI 12/12/2009 MacDougall Surveying (hand drawn – S. Chapman 3/21/11)
Scott Chapman from King and Queen Landscaping is representing the home owner and would like to re-nourish the beach approximately 16 cubic yards. Mr. Chapman has confirmed receiving comment from Natural Heritage which states that this project will not adversely affect the resource area habitat of state listed rare wildlife species. Agent McManus informs Mr. Chapman that they will require an advanced seven day notice and a letter from the supplier confirming clean sand each year.
Motion made, seconded and unanimously carried to Close and Issue
7:12 Waquoit Bay National Estuarine (South Cape Beach Great Oak Road) (2) 10’ x 10’ elevated viewing platforms with railings and bench seating on existing trails - RDA
Resource Area: LSCSF, Salt Marsh
Material submitted: Legend / Deck Plans (specs) / View Photos – March 2011
James Rassman is the representative for this project and he explains that this is a continuance from last year’s boardwalk repair. They would like to install two elevated viewing platforms on existing bird trails which are off the main trail. Both locations have existing unauthorized trails so that people can cut over to view the marsh but they end up on the marsh. Both platforms will use cement foot pads. Agent McManus states that these two platforms will keep people within the trail and stop them from trampling through the salt marsh.
Motion made, seconded and unanimously carried for a Negative Determination
7:15 Jon & Diane Chilingerian (77 Horseshoe Bend Way) Deck and stairs (After the Fact Filing – approx. 160 squ. ft. larger than original plans) - RDA
Resource Area: Buffer Zone to Ashumet Pond
Material submitted: Plan to Accompany RDA 3/21/11 G.A.F. Engineering
Brian Grady from G.A.F. Engineering explains that this is an “After the Fact” filing. This home was presented in an RDA last year due to flood problems and they were approved to raise the house. The deck in the rear was reconstructed and expanded. According to the homeowner they constructed a wider deck so that the sliders above were accessible. Prior to the reconstruction, the deck was even with the face of the room and they could not use the sliders. Agent McManus states that the Building Inspector had notified him regarding the expanded deck. He requests a new plan showing the increase to the footprint to be submitted so that it is on file. Chairman Fitzsimmons had some questions regarding a standing detached
deck which they explained that it was attached to the original house before it was moved for the first time in the 80’s. The Chairman also questions the fact that the owner expanded his deck without seeking Conservation approval prior to the construction. Agent McManus states that he sent them a violation notice and was contacted by the owner within a few days. After-the-Fact penalties apply for the fee.
Motion made, seconded and unanimously carried for a Negative Determination
7:18 William Sullivan (180 Daniels Island Road) Relocate previously permitted masonry retaining wall approximately 18” from current permitted location to allow for a planted strip along edge of pool patio - RDA
Resource Area: LSCSF, Buffer to Coastal Bank and Salt Marsh
Material submitted: Plan of Proposed Wall Relocation 3/21/11 Cape & Islands Engineering
Jack Vaccaro from Vaccaro Environmental presented for Mr. Sullivan and explains that they would like to move a wall about 18” from its previously permitted location. This would provide a gap between the pool patio and the wall which would allow the removal of a 6” drip strip to be replaced with thick plant material. Agent McManus states that it is mostly a cosmetic change as it will have no effect to the coastal bank or any resource areas.
Motion made, seconded and unanimously carried for a Negative Determination
7:21 Scott Taylor SE 43-2655 (139 Popponesset Island Road) Install vinyl sheet pile retaining wall and also invasive species control on coastal bank and salt marsh with MIP Continued to May 5 @
7:03pm - NOI
Agent McManus would like to note for the record that this address has been issued an enforcement order which will be reviewed during post agenda items.
Motion made, seconded and unanimously carried for a continuance until 5/05/11 at 7:03pm
7:24 William Coleman (45 Halyard Ln) Upgrade existing septic system - RDA
Resource Area:
Material submitted: Plot Plan 3/9/11 Falmouth Engineering
Mike Borselli from Falmouth Engineering represented the applicant and he explains that he had filed an RDA to upgrade the septic system on this property. The existing septic is in the rear of the house, less than 50’ to a wetland, and was in a state of failure. The new septic system will be placed in the front yard. A pump chamber unit will be connected to the existing plumbing in the back. Agent McManus states that an emergency certification was issued because of the urgent matter from the septic failure. The Board of Health has approved the plans.
Motion made, seconded and unanimously carried for a Negative Determination
7:27 David & Kathleen Serafini (116 Pimlico Pond Road) Replace existing failed cesspool with Title 5 Septic System - RDA
Resource Area: Buffer Zone to Mashpee/Wakeby Pond
Material submitted: As-Built Sketch 3/25/11 CSN Engineering / Proposed Sewage Disposal 3/3/11 CSN Engineering
Linda Pinto from CSN Engineering explains that the septic system has failed. There are two cesspools on the adjacent property. They have installed a 1500 gallon septic tank and 1500 gallon pump chamber. Unfortunately, the septic tank has to be installed where it was because of a depth problem. Agent McManus states that this work has already been completed as well because of the urgent nature. The Board of Health has approved the plans. Mr. Sweet points out that the comment sheet shows approval for a three bedroom home but the plans submitted are for a four bedroom. Agent McManus recommends that Ms. Pinto call BOH to clear it up.
(Agent McManus confirmed the following day that this was in fact a “typo”)
Motion made, seconded and unanimously carried for a Negative Determination
7:30 Leslie Wagner (10 Popponesset Island Road) Remove invasive plantings and install native mitigation plantings and stairway over coastal bank.- NOI
Resource Area: Coastal Bank, LSCSF, Buffer to Coastal Bank
Material submitted: Mitigation Planting 3/15/11 Jalowy Landscaping
Tom Jalowy represented for the homeowner and explains that they would like to remove invasive plant material from the bank and front yard and replace with native plantings. Mr. Jalowy also describes an aluminum stairway that they would like to place in the back yard. He states that it will not alter the coastal embankment. Agent McManus confirms that the property is riddled with invasive vines and bittersweet. He believes the removal of these invasives will improve the health of the existing cedar trees. The agent also states that the area where they are proposing the stairway is armored bank with multi-ton boulders. Mr. Jalowy also mentions that he is concerned with an existing oak tree at the corner of the house that is
hollow and asks that it be removed for safety reasons. He offers additional mitigation if specified. The agent suggests filing an administrative approval for the removal of the tree. Chairman Fitzsimmons points out that the stairway looks wide and Agent McManus states that it can only be four feet and asks Mr. Jalowy to submit an amended plan that shows the correct width.
Motion made, seconded and unanimously carried to Close and Issue pending amendment to the plan
7:33 Jeremy Stevenson SE 43-2658 (431 Monomoscoy Road) Construct boardwalk & dock extending into Little River - Continued to May 5 @ 7:09pm - NOI
Resource Area: LSCSF, Salt Marsh, Land Under Ocean, Coastal Dune, Coastal Beach
Material submitted: Proposed Site Plan – Raised Wooden Walkway, Pier, Ramp & Float 2/10/11 Cape & Islands Engineering
Jack Vaccaro from Vaccaro Environmental is representing the homeowner and is proposing the construction of a new dock and boardwalk. Mr. Vaccaro explains that the owners would like to improve access to the beach area by creating a raised boardwalk/walkway to the beach. They would also like to replace an existing dock with a new dock. The designed construction would be of one structure consisting of a quantity of (34) 12” diameter piles; 20 of which will be within the salt marsh area. The entire boardwalk surface is designed with fiberglass grating that provides 75% light penetration. The boardwalk will end at the end of the salt marsh where it transitions to coastal dune and at that point, possibly opening a 4’
wide pathway across the dune. Currently, during the summer months they access the beaches by a pathway down the coastal bank and tread across the salt marsh.
Agent McManus is concerned with the old dock location that is not going to be used but instead to construct a walkway that will alter saltmarsh. He states that the letter from Marine Fisheries recommends taking advantage of the old dock site. He feels that the access to the old dock has a clearing that is 4’ wide and now they are proposing another 4’ wide boardwalk through the saltmarsh. Only one 4’ wide clearing is allowed under the bylaw. He recommends minimizing disturbance to the salt marsh by utilizing the old dock location.
Mr. Vaccaro asks for a continuance and asks the Commission if they were to come back with a proposal to replace the existing structure coupled with a very small boardwalk to get over a “mucky” spot of the beach. Agent McManus suggests a platform type without any piles.
Motion made, seconded and unanimously carried for a continuance until 5/05/11 at 7:09pm
- MA Office of Dam Safety: Agent McManus states that another letter was received from the MA Office of Dam Safety that had required Phase I inspections of Johns Pond Fish Ladder, Mashpee River Outlet at the Mashpee Wakeby Pond and the Santuit Pond Dam. They are now also requiring a Phase I inspection on the fish way that goes under Rte 130. It is a requirement by the State, otherwise they could implement daily fines up to $500 per day.
- AFCEE/Quashnet Meeting Updates: Due to computer issues, the typed recap of the meeting will have to be postponed. The next meeting is scheduled for May 13 at 9:30am.
- Mashpee Herring Count Program: There have been over 10 volunteers including a troop of girl scouts who are participating in this program at the Quashnet Fish Ladder as well as the Mashpee River Wildlife. The program consists of 10 minute counts between 7am and 7pm any day of the week. The information collected then gets forwarded to the Association of Preservation of Cape Cod so that they can do an assessment evaluation for herring population but also the conditions of the fish ladders and how effective they are. The Agent states that the numbers have been impressive this year.
- Enforcement Order and Citation for 139 Popponesset Island Road: Agent McManus explains that the applicant had proposed to do phragmites control with a Notice of Intent application requesting the ability to mow the phragmites twice a year. The applicant was scheduled for the April 7th meeting which unfortunately had been cancelled and all hearings were continued to April 21st. The agent states that when he went out to the property to take some photos of the property, all shrubby vegetation had been flush cut to the ground (before his appointed hearing) including wetland shrubs. Agent McManus recommends issuing an Enforcement Order along with a citation for $300 and also a mitigation plan which will include phragmites control. The applicant has already specified that he would
like to retain Francesco Tavares Landscaping who is the landscaper that had mowed everything. Mr. Tavares was told by the owner that all permits were all set. The Agent states that Tavares has a good history with the Commission and this seems to be an isolated incident.
Motion made, seconded and unanimously carried to fine Mr. Taylor at 139 Popponesset Island Road $300 and require a mitigation plan.
Motion made, seconded and unanimously carried to adjourn the meeting at 8:20 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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