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Conservation Commission Minutes 03/24/2011

Conservation Commission

Minutes of March 24, 2011
Public Hearings

Mashpee Town Hall - Conference Room 3

Commissioners:  Vice Chairman Ralph Shaw, Brad Sweet, Mark Gurnee, 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, March 10, 2011 Regular Session & March 10, 2011 Executive Session
Agent McManus did not have time to review either session minutes and has requested to postpone the approval of said minutes until April 7, 2011.

Motion made, seconded and unanimously carried to postpone the approval of the Regular & Executive minutes until April 7, 2011

        
  • Herring Count Workshop (update): Agent McManus explains that the Herring Run Clean Up has been cancelled due to the fact that the Tribe has stated the Herring have already arrived and the scouts have been seen coming up.  The Agent mentions that there is minor work that needs to be done at the upper regions of Quashnet; some debris cleanup and also checking the culverts to make sure they’re clear.  The Agent also describes how the Herring Count works with kits he obtained from the Kingston workshop.  Mr. Sweet asks if children from the school system or Boy & Girl Scouts can volunteer for the count and the Agent confirms that they can.
  • Date for Refuge Clean Up Day:  Agent McManus states that there is a Mashpee National Wildlife Refuge Cleanup Day which is mostly coordinated through Jim Rassman at the Waquoit Bay Research Reservation and the confirmed date is for April 13th at 9am.  All volunteers will meet at the WBNERR Headquarters.  The cleanups will mostly likely start at Jehu or John’s Pond.  The Agent asks if anyone has a truck to please bring it and that there is a free pass from the Mashpee DPW dump but no construction debris will be accepted.  The Agent mentions that he will inquire at the Bourne Landfill for this type of material.
  • Date for Next Quashnet River Meeting:  This meeting has been confirmed for April 1 at 9:30am in Conference Room 1.  The Agent will prepare an agenda that will include discussions of financial contribution from AFCEE and also ask that they provide a cost estimate for the removal of all the berms.  He would also like to discuss the overall approach including Alex Hackman’s comments regarding the processed based approach.  Doug Allen from Haley & Aldrich will be bringing in a representative from the Woods Hole Group that performed all the diagnostic studies.  Mike Minior had sent an email stating that there are extra funds for additional tests that will be needed for preparation.  
  
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HEARINGS

7:00    Robert Stow SE 43-2408 (25 Monomoscoy Rd. West) Add ramp & float to approved walkway Cont’d to April 21, 2011 @ 7:03pm - AOC
        Resource Area:
        Material submitted:

The representative requested a continuance.  Agent McManus states that they are working out issues with the Harbor Master.

Motion made, seconded and unanimously carried for a continuance until 4/21/11 at 7:03pm

                
7:03    Thomas & Laura Fancher SE 43-2652 (9 Debbie Lane) Remove existing deck and construct addition with new deck - NOI  
        Resource Area: LSCSF
        Material submitted: Proposed Addition 3/15/2011 Cape & Islands Engineering
         John Slavinski is representing the homeowner.  He explains that this project is in flood zone A.  They are requesting an addition of a family room and a utility room.  Agent McManus reads the BOH comments for the record which states that a septic inspection will be required before obtaining a building permit.  The Agent states that the entire septic area is in a pre-disturbed area.

Motion made, seconded and unanimously carried to Close and Issue


7:06    National Grid (Nathan Ellis Highway) Install 12” gas main - RDA
Resource Area: Buffer Zone to Inland Bank, ILSF, Vernal Pool
        Material submitted: Environmental Plan Showing Proposed Gas Pipeline Replacement 3/9/2011 Coastal Engineering
        Brad Melo from Coastal Engineering is representing National Grid and he explains that the last few years they have been before the Commission for this gas main project.  This portion is the westerly extent of the project along Route 151 at the intersection of James Circle and heading westerly approximately 3000 feet into Falmouth.  The proposed gas main will be installed just inside of the existing fog line along the edge of the road and will be 36” depth of excavation.  It will all be backfilled the same day.  A small portion of Route 151 is adjacent to a wetland.  Agent McManus states that there is a certified vernal pool located on that section of Route 151 and recommends hay bales for runoff control.  He also suggests leaving them even after the project is finished because it benefits that area for runoff prevention.  Mr. Sweet asks who signs off on the project and Mr. Melo responds that DPW is overseeing the project.

Motion made, seconded and unanimously carried for a Negative Determination


7:09    David Giltin (16 Samoset Road) Remove existing deck and replace with larger deck - RDA  
        Resource Area: LSCSF
        Material submitted: Proposed Deck Reconstruction & Expansion 3/11/2011 Engineering Works
        Stephen Lee is representing the homeowners who would like to replace the existing deck as it was not constructed with pressure treated wood originally and is beginning to fail.  Agent McManus asks if there will be sonotubes outside the patio footprint and Mr. Lee explains that they will cantilever a couple of feet at the most.  The Agent points out that the project area is pre-disturbed and basically is being presented to the Commission because it is in flood zone A.

Motion made, seconded and unanimously carried for a Negative Determination


7:12    Akram Rafla (45 Little Neck Lane) Revegetate coastal bank - NOI  
        Resource Area: Coastal bank, LSCSF
        Material submitted: Rafla Mitigation Planting 3/11/2011 Jaloway Landscape Design
        Tom Jaloway is representing the owners and explains that there were existing oak trees that were removed without permission and they would like to mitigate for their loss.  They are proposing to plant two white oaks, Eastern Red Cedar, Bayberry, Inkberry, and Sweet Pepper Bush.  Agent McManus explains the background to this project; there was a violation notice sent to the homeowner that explains the follow-up procedure to this type of violation notice which is in accordance to mitigation regulations.  The Agent is requiring it be fulfilled through an NOI because mitigation requires a 3-year monitoring period which will be written into the Order of Conditions.  The Agent states that the owner was asked why they removed the trees and they had responded that the trees were rotted and dying.  The Agent had looked at the tree stumps and he states that there was no evidence of tree rot in any of them.   He also mentions to Mr. Jaloway that the homeowner is responsible for maintaining the new plantings.

Motion made, seconded and unanimously carried to Close and Issue

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  • Promulgation of New Conscom Permit Fees:  Agent McManus would like to note that the new fees were presented to the Board of Selectmen who had questioned why the fees were increasing and the Agent explains that we would like to be on par with surrounding towns.  The Board of Selectmen approved the fee increase.
Motion made, seconded and unanimously carried to approve new permit fees


  • Other Business:  Roll call is suggested and carried forth to hear the following items that are time sensitive and cannot wait for the next scheduled meeting (April 7, 2011).  All unanimously agree for items to be heard.
  • A request to extend vista pruning at 22 Flat Pond Circle; a former employee at One Pointe Home Curators had resigned and there was miscommunication.  The Agent explains that he has observed the start of migratory birds in the area but One Point can have the pruning completed by next week.  The pruning is minor and is within 100’ of land subject to coastal storm flow.  The landscaper can have it completed within one day.  There is no pruning within the wetland itself.  
Motion made, seconded and unanimously carried to approve the vista pruning extension until March 28.

  • Tom Eagle from US Fish & Wildlife is the project supervisor for the roadside clearing which is just about finished.  They are creating wildfire breaks and also creating space for equipment.  They are requesting mechanical treatment in the interest of the New England Cotton Tail habitat which involves removing vegetation so that it will result in more undergrowth vegetation from increased sunlight.  The ground vegetation will become thicker which is a preferred habitat for the NE Cottontail.  Mr. Eagle has requested that we contribute funds to supplement gasoline for the brush mowing.  It is estimated approximately 90 gallons of fuel to be used in one day and would be provided by DPW.  The cost is approximately $2.60/gallon so the total will be about $235.00.  The Agent feels that this donation is justified because the brush cutting is on Conservation property and is also for species management for the NE Cottontail.  The plan’s management timeline is most likely every four years.  
Motion made, seconded and unanimously carried to approve granting $235.00 for gasoline usage for US Fish & Wildlife


Vice Chairman Shaw asks for a motion to hold executive session for the purpose to discuss Mr. Field’s pending litigation.  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 7:55 pm.

Respectfully submitted,


Kris Carpenter
Administrative Secretary



***All material submitted for hearings can be found on Conservation Flash Drive dated 7/1/10***