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Conservation Commission Minutes 08/11/2011
Conservation Commission

Minutes of August 11, 2011
Public Hearings

Mashpee Town Hall - Conference Room 1

Commissioners:  Vice Chairman Ralph Shaw, Brad Sweet, Mark Gurnee, John Rogers, Patty Jalowy

Staff Present:  Drew McManus (Conservation Agent) and Kris Carpenter (Administrative Secretary)

Call Meeting To Order:  6:55 pm

Pre/Post Hearing Agenda:  

  • Minutes:   Approval of the following minutes:  N/A (Quorum not available to approve June 2 and June 16)
  • Haley & Aldrich Focused Feasibility Study Proposal for Quashnet Project - Agent McManus has sent out the Haley & Aldrich Feasibility Study and asks that it be reviewed for discussion at a future date.
  • Update on Quashnet River Project and DER Application - Agent McManus spoke on a conference call with Alex Hackman from DER and Steve Hurley who asked questions to clarify the application and what kind of approach is being sought.  The Agent let them know that they are still open to which realignment scenario they are going to seek.  The project is being given serious consideration for assistance from Mr. Hackman and Mr. Hurley.
  • Barnstable County Land Management Grant – The Agent has completed and submitted an application for the annual grant which this year has $20,000 available (total) for all the towns.  Maximum award could be $4,000 per town per project.  The funds would be used for Moody Pond for the creation of a parking lot and erosion control.  DPW has traditionally matched funding with labor and equipment use.
  • DCR Trails Grant – The Department of Conservation Recreation has a trails grant that has just opened up and the Agent will be applying for this grant also for the Moody Pond project and the Harry DeRosier parcel off of Great Neck Road South as well.  This parcel is perfect for a 675’ handicap walkway.  Agent McManus has received a quote from Maffei Landscape.  This grant is potentially $10,000-$15,000.

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HEARINGS

7:00    Katharine & Brown Lingamfelter (65 Seconsett Point Road) Construct 10 x 12 shed on concrete block -  RDA  
Resource Area: LSCSF/ Buffer Zone to Salt Marsh
        Material submitted: Plot Plan 4/9/10 (hand drawn) Owner
        Katherine Lingamfelter would like to request approval for the ability to construct a 10’ x 12’ shed for storage.  Agent McManus states that there would be minor clearing of ground level vegetation to accommodate the shed.  The project meets the performance standards for Land Subject to Coastal Storm Flow.

Motion made, seconded and unanimously carried for a Negative Determination

7:03    Robert Nicewicz (67 Punkhorn Point Road) Rebuild fixed elevated pier in the same foot print -  RDA
Resource Area: Salt Marsh/ LSCSF/ Land Under Ocean
        Material submitted: Plan Accompanying Petition 7/2/97 Little River Boat Yard
        Mark Burtis from Little River Dock Construction is representing the owners and explains that they would like to reconstruct the existing dock.  The gangway will be replaced with aluminum in the same footprint with flow-thru decking and will be slightly elevated.  If necessary, they will add steps for an egress.  Agent McManus reads the comments from the Harbor Master and Shellfish Constable for the record which both state that there are no issues.  The Agent also informs Mr. Burtis that identification (home address) will need to be placed on the new dock.

Motion made, seconded and unanimously carried for a Negative Determination


7:06    Ken Norcross (47 Godfrey Road)  Install swimming pool and upgrade existing septic to a new Title V system - RDA  
        Resource Area: Outer Buffer (100-200 Ft) of Riverfront: Mashpee River
        Material submitted: Site Plan 7/1/11 Warwick & Associates
        Jack Landers-Cauley from J.E. Landers-Cauley is representing the home owner and would like to build a pool and rebuild a failed septic system.  Approximately 2/3 of the septic system is within the 100’ buffer zone because the residents on this particular road are all serviced by a well water system and they are trying to maximize the distance from these wells.  Agent McManus agrees with Mr. Landers-Cauley that this is the only acceptable location for the septic and in regards to the pool; it is in the outer riparian zone and has no impact to riverfront.

Motion made, seconded and unanimously carried for a Negative Determination


7:09    William & Priscilla Coughlin (35 Uncatena Road) Remove 13 Cyprus trees and replace with vinyl fence and 13 Hydrangeas – RDA
        Resource Area: Buffer Zone to Deans Pond
        Material submitted: Plot Plan of Land 2/1/02 (hand drawn) Owner / Perfection Fence quote 7/5/11 / Photo Pamplet - Owner
        William Coughlin explains that he had planted several Cyprus trees approximately nine years ago for a privacy screen and they have since grown out of control.  In the winter, the snow forces two of the trees onto the neighbors house so he believes that the trees are a safety issue and they are also trying to appease their neighbor.  They will replace the trees with a vinyl fence and hydrangea plantings.  Agent McManus states that only a portion of the trees fall within Conservation jurisdiction but they do pose a safety hazard and recommends a negative determination.

Motion made, seconded and unanimously carried for a Negative Determination


7:12    Thomas Sadlemire (62 Cayuga Ave) Upgrade septic system to Title V – RDA  Cont’d from 7/28/11
       Resource Area: Buffer Zone to Johns Pond
        Material submitted: Site Plan 8/1/11 J.E. Landers-Cauley
        Tom Sadlemire explains that they had septic plans that were approved in 2005 but there are now new regulations and it is required that he extends his leach tank by approximately 45’ more away from the pond. Agent McManus reads the Board of Health comments which state that the plans have been approved.

Motion made, seconded and unanimously carried for a Negative Determination



7:15    Michael Martone  43-2667 (78 Buccaneer Way) Construct 8’ addition, rebuild existing deck and also replace failed septic system with new Title V -  NOI  Cont’d from 7/28/11
Resource Area: Buffer Zone to Riverfront and Inland Bank / Mashpee River
        Material submitted: Buffer Strip Restoration Plan 8/5/11 Vaccaro Environmental Consulting / Site Plan 8/9/11 J.E. Landers-Cauley
        Jack Landers-Cauley from J.E. Landers-Cauley mentions that he had presented the project two weeks ago and at that time, the Board was curious as to what the site looked like.  Revisions to both sets of plans have been submitted.  Mr. Landers-Cauley had met with the Agent onsite and discussed the modifications and came to an agreement which is reflected in Mr. Vaccaro’s restoration plans.  Mr. Landers-Cauley’s plan show that the two trees that were originally flagged for removal have been revised to; one tree being removed and one tree being pruned by cutting the lower branches.  Agent McManus states that during the onsite, he was able to point out the specific pitch pines that have pine-bore damage and the Board was able to get a proper perspective of the current layout of the backyard.  The area of grass will remain grass moving forward and the area of tangled mess of debris and invasive species will be replanted with native species.  There will be no encroachment or manipulation of trees on the bank.  Mr. Gurnee asks if there will be any kind of access to the water created and Mr. Martone states that he has not asked for that at this time and may come back at a later date for that request.

Motion made, seconded and unanimously carried to Close and Issue


7:18    Genevieve Land Trust, Sandra Larusso Trustee (246 Monomoscoy Road) Permit existing grandfathered dock -  RDA
Resource Area: Buffer Zone to Johns Pond
        Material submitted: Hand Drawn 8/1/11 Owner
        Donald Lans, one of the trustees for this property, is requesting a permit for his “grandfathered” dock.  Agent McManus informs Mr. Lans that it is now required to display the property address on the dock for identification.

Motion made, seconded and unanimously carried for a Negative Determination


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  • Waterways Commission Meeting:  Moody Pond Proposal – Agent McManus attended the Waterways Commission Meeting to discuss restricting gas powered engines on Moody Pond and only allowing electric.  The Commission was entirely in favor of the proposal.  Next step is to get in touch with the Chief of the Environmental Police (EPO) and then draft a warrant for the Town meeting to be adopted into a bylaw.
  • Regulations Sub-Committee Meeting Update:  Regulation 29: Buffer Strips and NVBS (Vista Pruning) – The revisions to the vista pruning guidelines have been sent out and highlighted in red print and the Agent asks the Board to review and prepare feedback for the August 25th meeting.  Chairman Fitzsimmons has already submitted his comments which were also forwarded.  After finalization, it will then be promulgated by a public meeting at one of the Conservation hearings and then advertised in the Enterprise.
Mr. Gurnee asks what the plan of procedure is for the Quashnet River Realignment proposal.  Agent McManus states that first he would like everyone to review it and then he will try to get a fifth position on the Steering Committee ideally from the Environmental Oversight Committee.  The Agent says that he is still waiting for a financial picture from AFCEE.  He has sent an email to Mike Minior at AFCEE asking him to put together a financial presentation.  They are responsible for returning the entire bog system to its pre-existing condition.  Agent McManus also states that he would like to ask for more quotes as Haley Aldrich’s came in at $144,000.  There is plenty of time to sort through things and Alex Hackman provided a list of their vendors including one company called InterFluve which handled all of the Eel River realignment. Mr. Sweet asks if a consultant should be hired to determine exactly how and where the river should be aligned.  Agent McManus states that that is the purpose of the Steering Committee.  They will sort through a lot of historical paperwork and a lot of other information then advise the Board.

Agent McManus mentions that he will be on vacation for the following week.


Motion made, seconded and unanimously carried to adjourn the meeting at 7:35 pm.


Respectfully submitted,



Kris Carpenter
Administrative Secretary



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