Conservation Commission
Minutes of August 25, 2011
Public Hearings
Mashpee Library
Commissioners: Chairman Fitzsimmons, Vice Chairman Ralph Shaw, Brad Sweet, Mark Gurnee, John Rogers, Lloyd Allen
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: June 2, 2011, June 16, 2011 & July 14, 2011
Motion made, seconded and unanimously carried to approve the minutes of June 30, 2011
- Focused Feasibility study (Haley/Aldrich) & Quashnet Advisory Committee – A basic proposal to take feasibility studies and diagnostic studies from Quashnet Bogs and Quashnet River to the next level of anticipation of river realignment was sent out to the Commissioners. The estimate they submitted was over $100,000. The Agent sent out some background information including the 2007 feasibility study to the four members of the steering committee and also included comments from Alex Hackman. He is still looking for the 5th member to join the committee. The Agent will speak at the next Environmental Oversight Committee meeting and extend invitations to the members to join the steering committee. Mr. Gurnee comments that the Haley Aldrich proposal suggests that they are modeling a solution throughout the
river along the western side of the bogs and he feels that it is not necessarily the answer; he feels that it is too focused and there should be more alternatives to study. Agent McManus would like to send out an RFR to bring in other qualified consultants to show what type of services they can provide. Mr. Gurnee states that there should be guidelines and the Agent agrees and states that the steering committee can issue that along with a list of expectations. Agent McManus has also sent a request to Mike Minior for a full financial review of the costs involved for their entire obligation.
HEARINGS
7:00 Lee & Jacqueline Clark (248 Wheeler Road) Construct 24’x 24’ detached garage, remove existing shed, construct and maintain landscape walls, install new leaching within existing crushed stone driveway and pump dry, disconnect and fill existing leaching - RDA
Resource Area: Buffer Zone to Inland Bank/ Ashumet Pond
Material submitted: Sewage Disposal System Relocation Design 7/14/11 Christopher Costa Associates
Matt Costa is representing the homeowner and he explains that the project is for an enclosed garage and a Title V leaching facility. The existing cesspool may not be pumped and filled but possibly removed as part of the construction of the leach field. Agent McManus reads the Board of Health comments for the record. He also states that the area is pre-disturbed and there is no impact to the resource area.
Motion made, seconded and unanimously carried for a Negative Determination
7:03 James Devincent (122 Old Brickyard Road) Beach nourishment in perpetuity on existing inland beach/bank - NOI **Continued to October 20, 2011 at 7:00pm**
Resource Area:
Material submitted:
A continuance is requested by the applicant.
Motion made, seconded and unanimously carried to continue to October 20, 2011 at 7:00pm
7:06 June & John Guttell 43-2668 (139 Tide Run) Construction of a four bedroom single family home with a 4’wide boardwalk and 8’wide pathway to boardwalk; Vista pruning in perpetuity - NOI
Resource Area: LSCSF, Buffer to Salt Marsh, BVW and Coastal Bank (ACEC)
Material submitted: Plot Plan – Proposed House 8/11/11 BSS Design
Jack Vaccaro from Vaccaro Environmental is representing the homeowner and states that this property has a valid Order of Conditions but the owners have requested a new one due to the changes that they are requesting. The property is undeveloped land which abuts Jehu Pond. They are proposing a smaller home with only four bedrooms as opposed to five which were approved on the previous Orders. The owners are also requesting a relocation of the boardwalk which would be more in line with central access to the house and an 8’ foot wide pathway to the top of the coastal bank. For the extra width, Mr. Vaccaro explains that they will provide more of a vegetated buffer. Centered on the 8’ wide pathway would be a 28’ wide
vista corridor which would be maintained 10’ on each side of the path. The boardwalk will begin in the upland portion of the site and extend out over the coastal bank and terminate at mean high water (MHW). The boardwalk would be centered in the 8’ wide pathway which is in turn, centered in the vista corridor. Agent McManus questions the 8’ wide pathway and the fact that allowing a clear cut pathway through vista pruning does not follow guidelines. Mr. Vaccaro explains that a 28’ vista corridor is very modest but at the same time, they wanted to maintain good visibility to the water and the dock. The Agent feels that visibility will be fine once the vista pruning is complete with a 4’ wide pathway.
Chairman Fitzsimmons states that the project should follow regulations and guidelines. Mr. Vaccaro informs the Chairman that Mr. Guttell is willing to provide 50% more to the setback and an additional 200 sq ft. of naturally vegetated buffer strip. Mr. Vaccaro states that they can move back the work limit area. Mr. Gurnee asks of the trees and Mr. Vaccaro says that any tree within the work limit will be removed.
Agent McManus recommends allowing one 4’ wide path and once complete, if the owner feels necessary or strongly about an 8’ wide path than he can request such under an Administrative Review/Approval. The Chairman feels strongly that they should stay with the bylaw regulations. Mr. Vaccaro states that precedent has allowed a wider path with greater separation which Agent McManus says that is true but as long as mitigation is offered elsewhere. The Agent asks Mr. Vaccaro what the pathway would be comprised of and he states that it would most likely be simple spaced slates but they would be willing to work with the Commission’s suggestions.
Motion made, seconded and unanimously carried to Close and Issue with the condition that only a 4’ wide pathway is approved at this time but the Conservation Agent can review after the pathway is created.
7:09 Susan Sieloff (119 Ninigret Avenue) New Septic consisting of a Sludgehammer I/A Treatment Unit. Existing cesspool will be pumped, filled with sand and abandoned – RDA
Resource Area: Buffer Zone to Inland Bank (Cataquin Pond)
Material submitted: Proposed Septic System Upgrade 8/2/11 Engineering Works
Peter McIntee from Engineering Works is representing the homeowner and is requesting the ability to upgrade the existing cesspool. The cesspool falls within the 100’ buffer and they are proposing to install a conventional septic system with the SludgeHammer and ultraviolet technology. Mr. McIntee explains that their original plan was to keep the new system as far away from the resource area as possible but the abutting home has a private well so it forces the system into the buffer zone.
Motion made, seconded and unanimously carried for a Negative Determination
7:12 Susan Sieloff (121 Ninigret Avenue) New Septic consisting of a Sludgehammer I/A Treatment Unit. Existing cesspool will be pumped, filled with sand and abandoned – RDA
Resource Area: Buffer Zone to Inland Bank (Cataquin Pond)
Material submitted: Proposed Septic System Upgrade 8/2/11 Engineering Works
Peter McIntee from Engineering Works is representing the homeowner and is requesting the ability to upgrade the existing cesspool. He states that it is basically the same scenario as 119 Ninigret but it is outside the 75’ buffer and does not require the ultraviolet technology but because it is still within the 100’ buffer, they will use the SludgeHammer system as well.
Motion made, seconded and unanimously carried for a Negative Determination
- Grant application submitted for Barnstable Land Management Grant – An application has been submitted for the $4,000 grant to help with the 5-car parking lot across the street from Moody Pond and a water bar installation to abate some of the road water runoff that is going into the pond. The Agent is anticipating DPW “in kind” labor for assistance.
- Update on Moody Pond proposal – The Agent has proposed to the Waterways Commission a new bylaw that will prohibit the use of gas powered engines. The Waterways Commission supports this proposal. The next step is to contact the Director of the Environmental Police Department for the state of Massachusetts which will need to be approved by the Attorney General and then put onto the warrant for the Town Meeting in October.
- Discussions on Vista pruning Regulation Changes – A copy of the latest proposal of the Vista Pruning regulations had been sent out to all the Commissioners. There were small changes; changing the word guidelines to protocol and some of the language in Section C that says that paths shall follow winding of directory that does not promote erosion to the buffer strip. The Agent has taken the guideline portion that is not in the regulations but in a separate packet and incorporated it into the regulations. He has also clarified the language in regards to the separation of what is considered a sapling size tree and a short tree. The last revision was dealing with vista pruning protocols for condo complexes which he is open for suggestions on how to approach this. There have been requests
from condo owners for additional pruning and the Agent’s suggestion for wording; allowances for additional pruning on condominium properties that have extensive frontage on wetland resource areas may be accommodated on a case by case basis and all pruning work must be carried out by a licensed and certified arborist or horticulturist without exception. The Agent reads the full proposed revision for the record. Agent McManus states again that he is open for suggestions for the wording of the revision. Chairman Fitzsimmons states that there has been a lot of time spent creating the regulations and his feelings are that they should be adhered to. Vice Chairmen Shaw suggests removing the word additional from the revision.
Motion made, seconded and unanimously carried to adjourn the meeting at 8:04 pm.
Respectfully submitted,
Kris Carpenter
Administrative Secretary
***All material submitted for hearings can be found on Conservation Flash Drive dated 7/1/10***
| 
