Conservation Commission
Minutes of May 5, 2011
Public Hearings
Mashpee Town Hall - Conference Room 1
Commissioners: Chairman Jack Fitzsimmons, 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, March 10, 2011 Regular Session & March 10, 2011 Executive Session
Agent McManus states that the March 10th minutes cannot be approved since there is not a quorum of members that were present at the meeting.
Motion made, seconded and unanimously carried to postpone the approval of the March 10th Regular & Executive minutes until May 19, 2011
- Orenda CR Proposal: Ms. Goldberg could not attend. Meeting is continued to May 19.
- AFCEE Meeting Notes: Next meeting is on 5/13/11 at 9:30am in Conference Room 1. The Agent has requested to form an Adhoc/Steering Committee for the Quashnet River project and Town Counsel has reviewed and accepted the proposal.
- Refuge Clean Up Recap: The scheduled Refuge Cleanup was cancelled due to the weather but were able to meet on short notice. They cleaned up and hauled away 17 truckloads of trash. The Agent states that there is still much more out there. Unfortunately Mashpee does not accept construction debris so they stock-piled it on DCR property. The Bourne Landfill has agreed to accept two truckloads at no cost.
HEARINGS
7:00 Larry & Arlene Rand (20 Summersea Rd) rebuild existing pier, gangway & float - RDA Continued to May 19 @ 7:21pm
Resource Area: Land Under Ocean, Salt Marsh, LSCSF
Material submitted: Plan Accompanying Petition to Maintain Wooden Pier, Ramp and Float 12/8/2000 Cape & Islands Engineering
Mark Burtis from Little River Dock Construction explains that the existing dock is an older dock and Mr. Rand would like to upgrade it in the same footprint using flow-through decking. They will be using small diameter piling. Agent McManus informs Mr. Burtis that the dock and float will need to have the address and/or DEP number in case structure is dislodged. Mr. Gurnee questions the pier location and whether it belongs to Mr. Rand or New Seabury. Agent McManus states that it needs to be clarified before issuing permit and recommends continuing two weeks.
Motion made, seconded and unanimously carried for a continuance until 5/19/11 at 7:21 pm
7:03 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 from April 21, 2011 - NOI
Resource Area: Salt Marsh, Coastal Bank, LSCSF
Material submitted: Plan of Proposed Wall 3/21/2011 Holmes & McGrath
Joel Kubick from Holmes & McGrath explains that the home owners would like to increase the protection of his yard by installing a vinyl retaining wall. Agent McManus states that there was an issue with this property from the last meeting where the owner had mowed all the phragmites prior to receiving a permit. Unfortunately, the mowing had included cutting several Groundsel Bush which is a wetland obligate shrub. This issue resulted in an enforcement order and a $300 fine. The Agent is now working with Tavares Landscaping on a mitigation plan and they are observing the Groundsel Bush to see how much will recover to determine the amount of mitigation that will be required. This application will consist of manually removing the
phragmites along with maintenance in perpetuity. Chairman Fitzsimmons recommends waiting for the landscape/mitigation plan before approving the phragmites control.
Motion made, seconded and unanimously carried to Close and Issue for vinyl sheet pile retaining wall only (no phragmites control)
7:06 Philip Pomeroy (7 Chart Way) Remove tree and replace deck in same footprint - RDA
Resource Area: Buffer Zone to Creek
Material submitted: (Previous Plot Plan) Hand Drawn 4/21/11 Owner
Mr. Pomeroy explains that he would like to remove a tree that is approximately 12’ from the garage as the tree is diseased and he believes that it is hazardous. Agent McManus states that the tree does have pine borer damage and is hazardous to the garage. The area is all pre-disturbed and the removal will not have effect the stability of the coastal bank. The deck will be rebuilt in the same footprint.
Motion made, seconded and unanimously carried for a Negative Determination
7:09 Jeremy Stevenson SE 43-2658 (431 Monomoscoy Road) Construct boardwalk & dock extending into Little River - NOI Continued to May 19 @ 7:12pm
Resource Area:
Material submitted:
Applicant has requested a two week continuance as they are still working on revised plans.
Motion made, seconded and unanimously carried for a continuance until 5/19/11 at 7:12 pm
7:12 Tony Bordieri (397 Great Oak Road) Install a 10’ x 90’ Bocce Court and landscape - RDA
Resource Area: Buffer Zone to Salt Marsh/LSCSF
Material submitted: (Previous Plot Plan) Hand Drawn 4/21/11 Owner
Greg Bush from Bush Tree & Landscape states that the owner would like to put in a 10’ x 90’ rectangular Bocce court. The sides will be constructed of pressure treated material. Because of a slight grade, they would like to excavate the area approximately 10” and partially fill with gravel and stone dust. It will then need a retaining wall with a drainage pipe going along the length of the court. Agent McManus states that there is a barren area on the lot and he has asked Mr. Bush to transplant some of the shrubs to that area.
Motion made, seconded and unanimously carried for a Negative Determination
7:15 John York (150 Captains Row) Remove patio & grass area and replace with concrete - RDA
Resource Area: Buffer Zone to Riverfront (Mashpee River)
Material submitted: Assessors Page (hand drawn) 4/22/11 – Hand drawn sketch 4/22/11 – Color Printed Photo 4/22/11 (all) Owner
Mr. York would like to replace his 16’ x 16’ patio due to age and the condition it is in. He would like to extend it approximately 9’ to the right in front of his rear door. Agent McManus states that the poured concrete is going entirely on a lawn area. Any run off is directed to sand and then salt marsh. The entire lot is pre-disturbed where the concrete patio would be replacing lawn. Mr. Gurnee is concerned about the tree and if the roots will be damaged by the grading. He recommends a 4’ diameter around the tree instead of 2’ and the owner accepts that change.
Motion made, seconded and unanimously carried for a Negative Determination
7:18 Peter Owens (166 Waterway) Connect gas line in front of house - RDA
Resource Area: Coastal Bank/ Buffer to Coastal Bank, Buffer to Salt Marsh/Poppy Creek
Material submitted: Plot Plan 8/4/08 BSS Design (hand drawn by owner)
Carolie Owens explains that their intention when they first purchased the home was to tear down and rebuild the home so the gas line to the street was prematurely cut. They have not been able to proceed with the demo/rebuild and recently decided to start using the house as is. They would like to reconnect the gas line. Agent McManus states that it is a simple request with minor excavation and it is on the street side of the property.
Motion made, seconded and unanimously carried for a Negative Determination
- Pickerel Cove: The Agent attended the Town meeting and the request for the Community Preservation Act funding was denied by the audience in attendance. The homeowners felt this project would create more traffic and illegal activities. They had questioned the need for another canoe/kayak launch area since there is a public beach and boat launch at Mashpee-Wakeby that is being underutilized. Agent McManus states that he will address it again at the October meeting. The Agent mentions that the parcel was purchased and agreed on that it would have certain recreational activities. These activities that were proposed will have very little impact on the inland bank.
- Proposals for Gates and Boulders: The Agent met with Lt. Sexton and Tom Mayo [GIS Coordinator] and they looked at several areas that they would like to place gates or boulders to block some side roads. Agent McManus feels since the Police Department will be monitoring the areas and more aware, the gates/boulders may work better. He recently put a new lock and pin on the gate at Jehu Pond/Great Oak Road entrance and he will be receiving information from a new vendor for heavy duty gates. The Agent also went out onsite with Chief Collins, Chuck Greene and a couple of representatives from the Environmental Protection Agency to discuss increasing enforcements. They believe increasing the fee to $5,000 (from $300) for illegal dumping may be more effective. Under Federal Law, if certain dump piles
exceed a certain square footage or cubic yard, it becomes a Federal offense. The Agent suggests amending the bylaw to increase the fee. He also recommends placing gates and boulders closer to the road or other areas to make them more difficult to remove.
Motion made, seconded and unanimously carried to adjourn the meeting at 7:53 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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