Conservation Commission
Minutes of June 16, 2011
Public Hearings
Mashpee Town Hall - Conference Room 1
Commissioners: Chairman John Fitzsimmons, Brad Sweet, Lloyd Allen, Mark Gurnee
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: N/A (Quorum not available)
- RFP responses to Phase I Inspection for Mashpee Herring Run – A letter was received from the Massachusetts Office of Dam Safety requiring the owner of record of the Mashpee Pond Dam (at route 130) to conduct a Phase I inspection. Three responses were submitted from three firms; CHA Engineering, Churchill Engineering and GEI Engineering. CHA Engineering submitted the lowest bid and is being recommended.
Motion made, seconded and unanimously carried to accept bid proposal from CHA Engineering
- Letter of Interest - Conservation Commission- Patricia Jalowy: Ms. Jalowy submitted a letter of interest to become a full time commissioner. Mr. Gurnee asks if there would be a conflict of interest as her husband has presented several projects to the Board and the Agent states that Ms. Jalowy can recluse herself from any presentations that involve her husband. Agent McManus will contact Town Counsel to confirm any conflicts with her becoming a member.
HEARINGS
7:00 Loren & John Kovalcik SE 43-2663 (48 Godfrey Rd) Construct a garage addition, rear porch/deck, dining room addition and swimming pool with patio - NOI
Resource Area: Riverfront/ Coastal Bank
Material submitted: Plot Plan – Proposed Additions 5/27/11 BSS Design
Kevin Kirrane, Attorney, is presenting for the homeowners. The applicant is proposing to construct a small addition on the eastern side of the existing structure, expand the garage and an addition to a deck. The applicant is also proposing to install a modestly sized swimming pool. Mr. Kirrane states that the area is pre-disturbed with a concrete shuffle board and that none of the modifications or expansions are getting any closer to the wetland resource areas than what currently exists. The concrete shuffle board and an old shed type structure will be removed in which they can possibly add some additional plantings in the shed area.
Jeff Ryther from BSS Design explains that the 790 sq. ft. of mitigation proposed will fill in bare areas but leave a small area for a lawn. Mr. Ryther states that they would like to expand the driveway using blue crushed stone and install drywells.
Agent McManus states that it is not in Natural Heritage jurisdiction and the proposed project is in compliance with river front regulations. He also mentions that this is a good opportunity to enhance the buffer zone with plantings. The agent does mention to the applicants that there are two floats tethered to the tree with nylon rope that will need to be removed.
An abutter states for the record that he has looked at the changes and feels it will be an improvement.
Motion made, seconded and unanimously carried to Close and Issue
7:03 Ed O’Rourke (Russell Road East / Great River Road) Regrade Russell Road East and a portion of Great River Road. Also to construct a shallow vegetated bio-retention swale. - RDA
Resource Area: LSCSF
Material submitted: Satellite Photo / Recommended Plant List for Bio-Retention / Proposed Regrading/Bio-Retention Swale 6/10/11 Department of Public Works
Ted O’Rourke lives at 37 Great River Road and is representing five families. Mr. O’Rourke explains that run off from Monomoscoy has created serious potholes and flows to the end of the road where water pools and becomes almost impassible. They have contacted DPW who created a berm which has helped but the way the road is graded, runoff comes from three directions. Mr. O’Rourke explains that they have been working with DPW to create a plan to re-grade the road so that the water would slope off. There is vegetation on both sides of the road and at the corner where the water tends to pool, they would
like to re-grade and install a swale. Agent McManus states that he has provided a list of recommended plantings specifically for a bio-retention swale.
Motion made, seconded and unanimously carried for a Negative Determination
7:06 Melissa & Nick Jankowski (25 Nobska Road) install 4’H x 100’L fence, scale back driveway and replace crushed stone area with native grass, remove 10 scrub pine trees and underbrush to be replaced with native shrubs - RDA
Resource Area: Buffer Zone to Freshwater Wetland (Bog)
Material submitted: Plot Plan – Hand Drawn 6/2/11 Owner
The homeowners are requesting permission to install a fence in the front of the house. They would also like to request creating a larger play area by decreasing the size of the driveway and removing several trees and underbrush which includes poison ivy.
Motion made, seconded and unanimously carried for a Negative Determination
7:09 John & Catharine Brennan SE 43-2660 (36 Fiddler Crab Lane) Demo/Rebuild single family home with attached garage and mitigation/restoration - NOI
Resource Area: LSCSF/ Buffer Zone to Wetland
Material submitted: Existing Conditions 4/26/11 Engineering Works / Proposed Site Plan 4/26/11 Engineering Works
Jack Vaccaro from Vaccaro Environmental is representing the homeowner and explains that they would like to tear down the house and reconstruct guest quarters with an attached two-car garage. The Brennan’s also own 38 Fiddler Crab Lane and are requesting minor modifications there as well. Mr. Vaccaro explains that the new house is slightly larger in foot print and is closer to the resource area but there is a lawn area in the back of the house that they are planning to fill in as a buffer strip restoration. The proposal also includes a retaining wall that will be built about 33’ back from the wetland boundary that will provide a level access between the two properties. Everything on the other side of the wall will be filled
in with wetland vegetation. Mr. Vaccaro states that they have a mitigation plan that shows the planting schedule which amounts to approximately 2000 sq. ft. and an overall lawn reduction of 1800 sq. ft. They would like to modify the driveway between the two properties to accommodate vehicles easier and remove a shed from 38 Fiddler Crab Lane. Agent McManus states that there is no impact to the wetland resource except to enhance the buffer strip. Mr. Vaccaro states that 4-5 pitch pines and one oak tree will need to be removed and the Agent states that many of the pitch pines have pine borer damage.
Motion made, seconded and unanimously carried to Close and Issue
7:12 Richard Cook SE 43-2662 - Aquaculture Project in Popponesset Bay with MIP - NOI Cont’d to 6/30/11@ 7:06pm
Resource Area: Land Under Ocean/ Land Containing Shellfish
Material submitted: Plan Showing Area of Shellfish Gran 5/10/11 Coastal Engineering
Motion made, seconded and unanimously carried for a continuance until 6/30/11 at 7:06 pm
7:15 Todd & Dena Pavone SE 43-2664 (166 Waterway) Demo/Rebuild SFH with driveways, pool – NOI Cont’d to 6/30/11@ 7:12pm
Resource Area:
Material submitted:
Motion made, seconded and unanimously carried for a continuance until 6/30/11 at 7:12 pm
7:18 Harold Cloran (Popponesset Bay Association / Pond View Road) Create a pathway by removing nuisance vegetation at the end of Pond View Road - RDA
Resource Area: Flood Zone A/ Buffer to Dean’s Pond
Material submitted: Assessors Map (highlighted location) 6/6/11 Applicant
Harold Cloran explains that he would like to create a path for canoe/kayak access. It would consist of removing dead wood lying on the ground with a plan to plant some rose bushes. Agent McManus states that it is a thickly vegetated area. Mr. Allen asks of runoff protection and Mr. Cloran says that they will lay wood chips on the pathway. The Agent states that there will be protective measures taken to ensure that there is not too much runoff from the pathway and that the RDA will be conditioned requiring that. Mr. Sweet recommends adding a statement to the conditions that will not allow any type of storage in the
buffer strip.
Motion made, seconded and unanimously carried for a Negative Determination
- Orenda CR Proposal: Mark Robinson - Mills CRs in Mashpee
Material submitted: Color Photos Submitted by Mr. Robinson
Mark Robinson, Executive Director of the Compact with Cape Cod Reservation Trust, is representing the Orenda Wildlife Land Trust. Mr. Robinson explains that the Mills family consists of a brother and sister who would like to supplement the lands that have been protected by Mashpee and the state. The Town of Mashpee has previously acquired 15 acres from the Mills family. They would now like to place an additional 6 acres under a permanent conservation restriction under Chapter 24 Section 31 & 33 which allows land owners to convey these conservation restrictions in perpetuity to a qualified nonprofit organization. Mr. Robinson explains that the shoreline is very thickly vegetated. The family has owned the property for
almost 100 years and has lived lightly on the land for years but would now like to establish this conservation restriction on paper to preserve the shoreline. The property will also preserve the view of Chop Chag Bogs which is one of the working cranberry bogs. The land of wooded area that the bogs are viewed from will all be under the conservation restriction as well. Mr. Robinson states that they are looking for a recommendation from the Conservation Committee to the Board of Selectmen who has the executor authority on behalf of the town to approve conservation restrictions. The restriction will run with the land in perpetuity.
Agent McManus requests clarification of the term “view shed” and reserve right #2 “the right to collect dead wood and downed timber for personal consumption only”. Mr. Robinson explains that it is a very long narrow corridor that Mr. Mills uses to see how much wind is blowing for fishing. Mr. Robinson states that there are three houses on the land but the houses themselves and a family beach will not be restricted.
Chairman Fitzsimmons states that he has difficulty supporting this proposal due to the fact that the family will be able to keep the land as is and continue living as they have been without having to pay taxes. Mr. Robinson informs the chairman that the family will still be paying taxes on all the property that they still own subject to the terms of the conservation restriction. They are voluntarily extinguishing development rights on the six acres. It is accessory woodland now and will be accessory woodland after the restrictions. The main legal difference is that nobody in the future will be able to develop the six acres. The Chairman asks if there will be any changes to the tax payroll and Mr. Robinson cannot confirm
but states that that question can be answered by the Selectmen who will most likely request information from the Assessors. Mr. Robinson explains that this restriction will make sure that future owners and the Mills family will continue to live lightly on the land and it will never be developed. Agent McManus states that the commission should only be looking at the ecological and environmental benefit that it provides and that any land around Santuit pond that will forever be undeveloped can only be beneficial.
Mr. Allen asks what will happen if the property is sold and Mr. Robinson states the statute enables any conservation restriction approved by the Selectmen and the state’s secretary with environmental affairs to be recorded in perpetuity. Most restrictions of the Commonwealth typically run 30 years but this particular conservation restriction lasts in perpetuity and applies to the land. When the land is sold, the new owner assumes the same obligations in which the terms of the restrictions have to be abided by.
Agent McManus reminds the commissioners that this CR is not a voting issue; it is a signature of recommendation to the Board of Selectmen and will still be presented whether or not they choose to sign it.
Agent McManus suggests that they could have Mr. Robinson come back in for more explanation due to opposition from two members of the Board but the Chairman states that there is no point. The document requires at least four signatures but there are only four members out of a possible six present tonight.
- Update on CPA funding for Pickerel Cove (October Town Meeting) - The application has been resubmitted for the October Town Meeting which now includes price quotes from DPW as well as updated information on the Memorandum of Understanding that has been signed and agreed upon by the Board of Selectmen. There were also revised plans showing the relocation of the parking lot and canoe/kayak launching area submitted.
- Mass Division of Ecological Restoration: RFR for restoration and revitalization projects: Quashnet River Project – This group is responsible for the Eel River Project in Plymouth and they have opened up their request for responses for the restoration and revitalization service. Agent McManus is in the process of filling out the application as he feels that the Quashnet River project falls in line with their criteria for technical assistance and potential funding. The Agent is still hoping for substantial funding from AFCEE. It is still in the phase of deciding which direction to head and will take some time but the Agent is trying to gather up as much information as possible.
- Quashnet River Steering Committee: Three people have contacted the Agent regarding an interest in joining the committee. All three are from Trout Unlimited. Mr. Gurnee warns of “stacking” the committee. The Agent states that the Steering Committee will only be able to make recommendations as the Commission is the ultimate decision maker.
Motion made, seconded and unanimously carried to adjourn the meeting at 8:45 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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