Conservation Commission
Minutes of October 6, 2011
Public Hearings
Mashpee Town Hall - Conference Room 1
Commissioners: Chairman Jack Fitzsimmons, Brad Sweet, Patty Jalowy, Lloyd Allen and John Rogers
Staff Present: Drew McManus (Conservation Agent) and Kris Carpenter (Administrative Secretary)
Call Meeting To Order: 6:30 pm
Pre/Post Hearing Agenda:
- Public Comment / Promulgation : Amended Regulation 29: Buffer Zones and Buffer Strips with specific changes to Vista Pruning Protocols.
Agent McManus states for the record that there is no one present for public comment regarding the revisions to Regulation 29 and suggests to the Board to proceed with the promulgation. The Agent then reads for the record all changes being made to Regulation 29.
- Chapter 172 Section C: Paths shall follow a winding but direct route that does not promote erosion within the buffer strip.
- Chapter 172 Section D: The word “guideline” has been changed to “protocols” and a clarification for acronym DBH (diameter at breast height) has been added to show what DBH stands for.
- Vista Pruning Protocols for Condominium Complexes: Vista pruning properties that have extensive frontage along wetland resource areas shall be accommodated on a case by case basis. A site visit with Conservation Agent is required prior to any permitted pruning taking place within a Chapter 172 jurisdiction. All proposed pruning on saplings and mature sized trees shall be clearly marked in the field with colored tape indicating a specific type of cutting activity. All pruning work must be carried out by a licensed/certified landscaper, arborist or a horticulturist without exception. Proof of contractor certification must be supplied to the Conservation Department upon request. All pruning shall be carried out in such a way to preserve vegetated layers of habitat to the greatest extent possible. All vista pruning
shall be limited to a time of year restriction from November 1 to March 1 of each calendar year so as not to interfere with bird nesting season. The Commission may extend the vista pruning in any given year in the event of adverse weather conditions that prohibit pruning work to take place within the allowable time period.
Agent McManus states that they have included the following; different types of cutting activities, what is wildlife habitat and the importance of snags which was written by former Assistant Conservation Agent, Diane Buretos. All her literature has been included into the regulation itself instead of a separate package outside the regulation.
Motion made, seconded and unanimously carried to accept all changes to Regulation 29 as read by the Conservation Agent
- Administrative Approval / Guttell – 139 Tide Run (43-2668):
Resource Area: LSCSF, Buffer to Salt Marsh, BVW and Coastal Bank (ACEC)
Material submitted: Plot Plan Proposed House 9/23/11 BSS Design
The width of the path has been reduced to 4’ as requested previously by the Commission. The set back at the rear of the house has been moved 2’ closer to the top of the coastal bank since the path has been reduced. Agent McManus explains that the setback does meet the required 50 feet.
Motion made, seconded and unanimously carried to approve 43-2668 as given
- Minutes: Approval of the following minutes: August 25, 2011 and September 8, 2011
Motion made, seconded and unanimously carried to approve the minutes of August 25, 2011 and September 8, 2011
- Jehu Pond CA (Amy Brown Rd): Gates/boulder placement – There are two large sink holes that have formed over Abigail’s Brook. There is still flow underneath the culvert but the culvert has mostly collapsed. It is now a matter of public safety to get boulders out there and block vehicle access to Abigail’s Brook. There is a gate on Great Oak Road currently but boulder will be placed on both sides of the fork at Abigail’s Brook and Amy Brown. Another boulder will be placed at the top where Amy Brown meets the dirt road. Mr. Sweet states that there a few boulders that had been dumped on the side of the road of Great Hay Road and they can use these boulders to block Great Hay Road at the intersection of Great Hay and Amy Brown and also at the end of Amy Brown Road. Agent McManus
states that the area of the collapsed culvert is owned by Federal Fish and Wildlife who had missed the deadline for federal funding to repair the culvert but will put in for the next fiscal year. The Agent will order new signs that say “Road Closed to Jehu Pond”. He has also notified the DPW Director of the urgency of the safety hazard.
- New Americorps Volunteer (started Wednesday). Kelsey Boyd started on Wednesday and will attend a Conscom meeting to introduce herself to the Board. The Agent took her on a tour of all the conservation lands. Kelsey will assist in several projects such as trail maintenance work, creating new trails and the Land Steward Program. The Land Steward Program will be her first priority in which a format for the program will be created and implemented. The next step is to recruit neighborhood volunteers which the emphasis this time around will be on volunteer recognition. The three Herring Runs will be included in the program as they can be tampered with as well; maybe on a weekly neighborhood watch. The Agent and Ms. Boyd will likely try to involve the homeowners specifically at entry points to the
larger problem areas. Mr. Sweet suggests advertising for volunteers as he has had several people asking if they could help. Ms. Boyd also has experience with GIS and data layers so she could work with the volunteers using track sticks to map trails and then downloaded online for public access.
- Prescribed Burning (10/7): Mashpee Pine Barrens – Chief Baker will not have the personnel for Tuesday’s activities. He will contact the Agent with a new date. The prescribed burning is to help promote habitat for the New England Cottontail which is near to being listed as an endangered species. It is also used a training exercise for the Mashpee Fire Department.
Chairman Fitzsimmons asks for a motion to add an item to the agenda for the purpose to discuss an additional update on the grant from Barnstable Cooperative. The Board complies with a roll call in which all unanimously agree.
Mashpee was approved for a grant from the Barnstable Cooperative Extension for the maximum amount of $4000. The funds will be used for Moody Pond in which a five car parking area across from the pond will be created and also to place run off and erosion control measures. A proposal will be submitted to the Attorney General’s office and the Environmental Police to ban the usage of all motorized/power boats completely, including electric engines; and when/if approved by the AG and EP, it will be submitted to the Selectmen’s office to be placed on the May town meeting.
HEARINGS
7:00 Stacy Leigh (63 Deer Ridge Road) Remove one large pine tree within parking area of association beach – RDA
Resource Area: Buffer Zone to Inland Bank (Santuit Pond)
Material submitted: Town GIS 9/20/11 Owner
The Agent explains that Ms. Leigh had contacted him prior to the storm to request removal of a large white pine tree due to a hazard to her pool, patio and house. Ms. Leigh has received authorization from the association to remove the tree.
Motion made, seconded and unanimously carried for a Negative Determination
7:03 Robert Allen (53 Seconsett Point Road) Upgrade septic. Existing cesspool will be pumped, filled with clean sand and abandoned - RDA
Resource Area: LSCSF, Buffer to Coastal Bank
Material submitted: Proposed Septic System Upgrade 9/16/11 Engineering Works
Peter McEntee from Engineering Works is representing the homeowner and explains that Mr. Allen is voluntarily requesting to upgrade his cesspool to a Title V septic system. Mr. McEntee explains that they are seeking two variances from the Board of Health; one is a 3’ variance for the soil absorption system to the water supply line and the other is for a 1’ reduction to the 5’ required separation between the soil absorption system and the maximum tidal high ground water.
Motion made, seconded and unanimously carried for a Negative Determination subject to approval by the Board of Health
7:06 James Shalek 109 Popponesset Island Road) Upgrade septic. Existing cesspool will be pumped, filled with clean sand and abandoned - RDA
Resource Area: LSCSF
Material submitted: Proposed Septic System Upgrade 9/20/11 Engineering Works
Peter McEntee from Engineering Works is representing the homeowner and explains that Mr. Shalek is voluntarily requesting to upgrade his outdated cesspool to a Title V septic system. Mr. McEntee explains that they are seeking a variance from the Board of Health for the septic tank pump chamber due to the limited area between the building and property line. This will allow them to move the tank closer to the property line if needed.
Motion made, seconded and unanimously carried for a Negative Determination
7:09 Amy Coghlin (56 Spoondrift Way) Raise existing licensed dock to allow for lateral public access per State Chapter 91- NOI
Resource Area: Salt Marsh, Land Under Ocean, LSCSF
Material submitted: Proposed Dock Reconstruction 9/22/11 Cape & Islands Engineering / Printed Photos (x2) 10/6/11 Cape & Islands Engineering
John Slavinski from Cape & Islands Engineering is representing the applicant and states that there is an existing Chapter 91 licensed dock. They are requesting the ability to raise the dock and change the planking for spacing. It will require new piles but in the exact footprint. Over several winters, the piles had been lifted up and instead of the owners just banging them back in, they cut them so the decking ended up lowering and in high tide, sections were below water. The new deck will have flow through spacing and a 5’ clearance. The Agent states that identification will need to be placed on the dock. The Harbor Master and Shellfish Constable have no issues with the rebuild.
Motion made, seconded and unanimously carried for a Negative Determination
7:12 John & Ann Beasley (26 Little Neck Lane) Raise existing dock to allow for lateral public access per State Chapter 91- RDA
Resource Area: Salt Marsh, Land Under Ocean, LSCSF
Material submitted: Proposed Wooden Pier Construction 9/21/11 Cape & Islands Engineering
John Slavinski from Cape & Islands Engineering is representing the applicant who has requested to rebuild their dock in the same footprint. Currently, this dock has an interim license but the new owners will pursue a Chapter 91 license. The Harbor Master and Shellfish Constable have no issues with the rebuilding of the dock.
Motion made, seconded and unanimously carried for a Negative Determination
7:15 Carol Sherman (22 Great River Road) Remove two trees hazardous to dwelling - RDA
Resource Area: LSCSF, Buffer to Coastal Bank/Salt Marsh
Material submitted: Town GIS 9/26/11 Owner
Carol Sherman explains that she has two trees that she would like to prune away from the roof of her house. She does not want to remove them completely if she doesn’t have to but just in case, after they have been pruned and the tree specialist recommends removal than she would like to have a permit to do so.
Motion made, seconded and unanimously carried for a Negative Determination
Motion made, seconded and unanimously carried to adjourn the meeting at 7:21 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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