Conservation Commission
Minutes of July 14, 2011
Public Hearings
Mashpee Town Hall - Conference Room 1
Commissioners: Vice Chairman Ralph Shaw, John Rogers, Brad Sweet, Mark Gurnee
Staff Present: Drew McManus (Conservation Agent) and Kris Carpenter (Administrative Secretary)
Call Meeting To Order: 6:55 pm
Public Comment:
Marty Craigman from Cotuit Bay Condos would like to address the large amount of trees growing in front of their complex (3A) that have been noted to produce increased pollen which in turn has caused respiratory problems. They also now have a limited view. He would like to know how to get a variance or waiver to current guidelines which were meant for single family home properties and not condominium owners.
Agent McManus states that they need to schedule a date for a subcommittee meeting to look at the regulation for buffer strips and vista pruning. One of the Agent’s suggestions was to create two common areas with vista views instead of trying to accommodate views for each condo unit. The regulation subcommittee could possibly look at more cutting because of the circumstances where there are disparities with one unit having a better view than another one.
George White, a condo unit owner, suggests trimming the trees upward as he feels the trees would remain perfectly healthy that way. He states that this way could possibly accommodate the owners.
Sharon Brakeman, a condo unit owner, states that the shrubs are very high and asks how high they can be trimmed and Agent McManus answers 5 ft.
Ms. White, condo unit owner asks who is responsible for the pruning and the Agent responds that the condo association is responsible although the Conservation Department needs to be contacted and a licensed/contracted landscaper is to be hired because of the sensitivity to the resource area.
HEARINGS
7:00 Marion Oost-Lievense SE 43-2646 (2 Kim Path) Proposed addition and septic repair Cont’d from 4/7/11 - NOI Cont’d to 7/28/11@ 7:12pm
Resource Area: Buffer Zone to Wetland
Material submitted:
There is no representative available to present.
Motion made, seconded and unanimously carried to continue on behalf of the applicant to July 28, 2011 at 7:12pm
7:03 Jack Carter (17 Monomoscoy Road West) Prune lower limbs from four oaks within vista window and three trees on street side. Also requesting to plant one Juniperus Virginiana within buffer zone - RDA
Resource Area: LSCSF, Buffer Zone to Salt Marsh
Material submitted: Site Plan 6/20/2011 Warwick & Associates
Jack Carter is the owner and would like to request the ability to prune several branches that are coming onto the deck and roof of his house. Also, there are some branches growing into the wires. Agent McManus states that this is not a typical vista pruning application as it is being requested on an RDA so there will be no vista pruning extending beyond the three year expiration. This project consists of minor pruning and the planting of one pine tree.
Motion made, seconded and unanimously carried for a Negative Determination
7:06 John Rogers (39 Popponesset Island Road) Construct an addition over an existing deck – RDA Cont’d to 7/28/11@ 7:09pm
Resource Area:
Material submitted:
Applicant requests a continuation as if Mr. Rogers recluses himself it will not leave a quorum for voting.
Motion made, seconded and unanimously carried to continue to July 28, 2011 at 7:09pm
7:09 Mark & Sally Goggin (24 Taffrail Way) General yard cleanup of invasives and landscaping improvements including the removal of several trees - RDA
Resource Area: LSCSF, Buffer Zone to Coastal Bank, Land Under Ocean
Material submitted: Site Plan 1984 (handdrawn) Owner
John Figmen from Maffei Landscape is representing the owner. Mr. Figmen explains that there are cedar trees that have bittersweet vines growing and other invasives that if left unchecked would choke out the trees. They would like to remove some fringe trees in the front and a pine tree that is unhealthy. Agent McManus states that this is the simple removal of invasives and there is no manipulation of native plants with the exception of one or two pines that are unhealthy.
Motion made, seconded and unanimously carried for a Negative Determination
7:12 John Handel (318 Redbrook Road) Construct a 4’ wide cantilevered deck to access front door – RDA
Resource Area: Buffer Zone to Coastal Bank, Buffer Zone to Freshwater Wetland
Material submitted: Cantilevered Deck 6/22/11 (Pgs 1 & 2) / Site Plan 6/29/11 Owner
John Handel explains that he is the new owner and would like to finish what has been previously approved although he would like to change the plans to show a 4’ wide cantilevered deck/walkway instead of the approved 3’. He was told that 3’ would not accommodate handicap access. Agent McManus states that 1’ more will not impact the resource area.
Motion made, seconded and unanimously carried to Close and Issue
7:15 Dan Abrams Bylaw 11-01 (107 Greensward Road) Proposed pool and related amenities with landscape improvements – NOI (Bylaw only)
Resource Area: Buffer zone to ILSF (Isolated Land Subject to Flooding)
Material submitted: Proposed Pool 6/1/11 Cape & Islands Engineering
Jack Vaccaro from Vaccaro Environmental Consulting is representing for Dan Abrams and is looking for approval for a pool under Mashpee’s local bylaw. Mr. Vaccaro explains that there is an existing lawn area surrounded by a stone wall that Mr. Abrams would like to transform the area into a swimming pool and patio. The excavated material would be used to level a lower area that is in the rear of the property that has been landscaped with overgrown rhododendrons and other ornamental shrubs. Mr. Vaccaro states that there will be no clearing of vegetation within the wetland area and although a portion of the pool is being proposed within the 50’ buffer, the area is existing lawn. Mr. Vaccaro also states that Mr. Abrams has
experience with excavating and claims that he can excavate the pool area with a mini excavator and move the material with a bobcat but will need a 6’ wide access way for the equipment. He states that there is an existing 6’ wide pathway that he can utilize to access the property but if Mr. Abrams was forced to remove the excavated material (approx. 90 yards), than he would require larger equipment. Agent McManus states that the Mashpee bylaw allows for filling but comments on the usage of conservation seed mix for the lawn in which it must be maintained as such and Mr. Vaccaro must explain this condition to the applicant.
Motion made, seconded and unanimously carried to Close and Issue
7:18 Mashpee DPW SE 43-2666 (Mashpee Neck Road) Proposed installation of stormwater improvements - NOI
Resource Area: LSCSF, Buffer Zone to Salt Marsh, BVW, Land Containing Shellfish, Land Under Ocean
Material submitted: Site Construction Plans (14 pgs) 7/5/11 Baxter Nye Engineering & Surveying
Matthew Eddy from Baxter Nye Engineering is representing the applicant and also present is Lori MacDonald, Wetlands Scientist from Baxter Nye Engineering and Catherine Laurent, Director of DPW for the Town of Mashpee. Mr. Eddy explains that the project is part of the Cape Cod Water Resources Restoration project. The purpose of the project is to treat stormwater runoff to enhance the water resource and shellfish bed areas. Mr. Eddy continues to explain that the area of proposal is the southern end of Mashpee Neck Road, approximately the last 1200’ of road prior to the town landing. The drainage area contributing to the project area is approximately 9.6 acres of which approximately 1.9 acres is impervious surface and of that 1.9
acre area is approximately .9 acres of impervious area that currently does not receive treatment for the stormwater runoff. The untreated water currently is being discharged into Shoestring Bay at the head of Popponesset Bay. The proposed project is to design a stormwater management facility for improving water quality. The NRCS has created specific guidelines and criteria that they are to follow for the design. There are eight systems being proposed which includes a bio-retention swale along the lower easterly side of Mashpee Neck Road that will provide enhanced pre-treatment and enhanced water quality well beyond what a catch basin would do. They have also provided check damns prior to the coveted entrances that will bring the water to underground chambers. TSS (Total Suspended Solids) removal goal was 80% required by DEP and they have accomplished 82%. The bio-retention section will have plantings and a compost peat section to enhance
nitrogen uptake and removal of pollutants. NRCS proposed schematically to have the end of Mashpee Neck Road in pervious pavement which would allow the runoff to infiltrate through the pavement for some treatment. Baxter Nye found that not only will the cost be steep but they have also discovered that in coastal areas, especially in this area, pervious pavement would be very hard to maintain due to clogging from the sand. They would like to instead re-grade about 300’ of the road to create a high point so that the drainage flow will be moving in the direction that they want it to and also create a small berm to divert the runoff into another bio-retention.
Catherine Laurent states that there is a dirt pathway that will need to be stabilized but it is private property and she will try to contact Pirate’s Cove Association to work with them as part of this project. She suggests putting some stone in the area.
Mr. Sweet inquires about the parking area that is not shown on the plan but Mr. Eddy states that the parking area is not being modified but the parking on the shoulder will be eliminated to protect the bio-retention and help reduce the metals and oils from the vehicles.
Agent McManus states that this is a dramatic improvement to the existing conditions and suggests some kind of signage in the area indicating that it is a storm water treatment project so that it will help deter illegal parking and possibly some kind of signs to educate the public. Ms. Laurent agrees that it is a great idea and they will also be posting “No Parking” signs. She would also like to state for the record that Rick York, the Shellfish Constable was not able to make the meeting but had wanted to convey his strong endorsement for the project and she would also like to emphasize that the reason they are receiving funding for this project is to improve water quality in the bay, specifically for shellfish resources. Agent
McManus confirms that there has been a long standing sign placed stating that the shellfish bed is closed due to contamination.
Mr. Eddy states that maintenance is spelled out, as specified by NRCS and will require quarterly maintenance along with maintenance after big events annually. The bio-retention will be inspected quarterly and any sediment that has reached 6” will need to be cleaned out and this also will occur annually. The bio-retention over time will slow and if it gets to a point where it is not de-watering in 48-72 hours per DEP requirements, DPW will need to revitalize the cross-section. All elements will be checked as every area is important for this system.
Donna Fuller, an abutter, asks what the total length of the road that the project will effect which Mr. Eddy points out on the plan. Ms. Fuller also mentions that she is concerned regarding the parking that is currently occurring on the opposite side of the street from her home and if they are no longer able to park there she is hoping that they do not park on her side because it interferes with visibility from her driveway. Ms. Laurent explains that there will be no parking allowed on either side of the street as they will be adding additional No Parking signs along the road.
Bill McMana, a local resident, comments that he uses the boat ramp frequently and asks about the water that is drained from the boats once they are pulled out and how it flows back into the bay. Mr. McMana comments reflect that he is displeased with the project and not happy about the pending parking regulations. Agent McManus states that this project provides an environmental solution and the drainage from the boats is not considerable enough to cancel or deny the project.
Motion made, seconded and unanimously carried to Close and Issue
Pre/Post Hearing Agenda:
- Approval of the following minutes: N/A (Quorum not available to approve June 2 and June 16; June 30th is still being worked on)
- Acceptance of Americorps Individual Placement Bid: Stewardship Coordinator. Service to begin in October of 2011 – Americorp offers a service that will place an individual volunteer in the Conservation office one or two days a week for an entire year to assist with land management. Agent McManus states that Mashpee qualified and was accepted so that starting in October, a volunteer will come in to assist with the Land Steward Program. The background experience will most likely be a college student with basic experience who will receive college credits and also a year’s stipend.
- Application Submitted To DER Office for Assistance with Quashnet River Project – The application has been submitted to the Department of Ecological Restoration for the Quashnet River Project. The agent states that funding could be up to $50,000 and/or possibly on and off site consultation.
- Boulders in Johns Pond C.A. – There are now boulders in place at Johns Pond to prevent vehicles from illegally dumping. Next item on the agenda for blocking access will be the sand pits. There are four concrete barriers currently on the side of the road that are serving no purpose and are not effective for stopping ATVs but could be very effective in preventing vehicle access into the sand pits. Vice Chairman Shaw asks what the fines are for illegal dumping and Agent McManus states that Mashpee bylaw issues fines of $300 but the state is $5500 or higher depending on hazardous waste and the cubic size of the dump pile. The agent suggests looking into the bylaw and possibly discussing the increase of` the local fines.
Agent McManus introduces Patricia Jalowy as she will soon be part of the Conservation Commission Board.
Catherine Laurent, Director of DPW, states that they re-submitted the application for the Pickerel Cove Recreation to CPA for funding and it has been approved so that it will be on the town meeting agenda in October. Ms. Laurent comments regarding the opposition to the application and suggests that they reach out to the neighborhood to explain the project.
Motion made, seconded and unanimously carried to adjourn the meeting at 8:23 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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