Conservation Commission
Minutes of November 17, 2011
Public Hearings
Mashpee Town Hall - Conference Room 1
Commissioners: Chairman Jack Fitzsimmons, Vice Chairman Shaw, Lloyd Allen, Mark Gurnee, John Rogers, Brad Sweet and 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: October 20, 2011 & November 3, 2011
Motion made, seconded and unanimously carried to approve the minutes of October 20, 2011 & November 3, 2011
- 2012 Hearing Agenda Schedule (bi-monthly). Dec 29th meeting (excl?)
Agent McManus requests approval to change the Conscom agenda scheduling to the first and third Thursdays of the month or the second and fourth Thursdays.
Motion made, seconded and unanimously carried to approve the scheduling for the second and fourth Thursdays of the month
The Agent also asks for a cancellation of the December 29th meeting as he will be on vacation that week and there are already two hearings scheduled; December 1st and December 15th.
Motion made, seconded and unanimously carried to approve the cancellation of the December 29, 2011 hearing
HEARINGS
7:00 Marianne & George Gonzenmuller (202 Rock Landing Road) Install lawn, firepit, sand volleyball court and sand horseshoe court in a pre-disturbed area in back yard – RDA
Resource Area: Buffer to Freshwater Wetland/ BLSF
Material submitted: Plot Plan Existing House 2/4/11 (Owner) / Concept Plan 10/2011 Ahromian Landscape & Design
Marianne Gonzenmuller explains that all the trees and vegetation will remain the same in the work area. They will be removing existing wood chips and would like to install a 5’ diameter cobblestone fire pit, a 45’ x 15’ sand volley ball court area, and a 46’ x 6’ horse shoe court with 6’ x 6’ landscape timber for back stops. They are also proposing to raise the grade slightly and apply some loam/sod. Ms. Gonzenmuller is also requesting the ability to install a fence in the same footprint because of several coyotes that continually enters the yard area. Agent McManus suggests leaving a clearance under the fence for small animals and also informs Ms. Gonzenmuller of the lawn standards required by
the Commission.
Motion made, seconded and unanimously carried for a Negative Determination
7:03 Dominic Franchi (140 Popponesset Island Road) ATF – Post (2) “No Trespassing” signs at waterfront within boundaries of property (MHW) and the removal of a hazardous damaged locust tree - RDA
Resource Area: Salt Marsh, Land Under Ocean, LSCSF, Buffer to Coastal Bank
Material submitted: Plot Plan (hand drawn) 10/28/11 Catanzaro & Allen
Attorney Angelo Catenzaro is representing for the home owner and explains how the owner had removed a damaged Locus tree within approximately 10’ of a coastal bank and also placed two “No Trespassing” signs on the MHW line. It is Mr. Catenzaro’s opinion that neither activity damaged the resource areas. He states that one of the major leaders of the tree was damaged during a wind storm. Agent McManus
reads the comment from the Harbor Master that states the signs should be removed out of the water way and moved closer to the marsh. The Agent recommends that Mr. Franchi contact the Harbor Master and consult with him. Mr. Catenzaro says that they will be happy to move the signs to wherever the Harbor Master would like them.
Motion made, seconded and unanimously carried for a Negative Determination
7:06 Sara Zobel (4 Broomstick Way) Remove (1) tree, close house entrances and construct new entrance on north side of house, remove brick chimney and replace with full dormer on west side, remove concrete patio and replace with 14’ x 31’ deck on south side - RDA
Resource Area: Buffer Zone to Inland Bank/ Wetland Bog
Material submitted: Proposed Building Improvements 10/26/11 Engineering Works
Pete McEntee is representing for the homeowner and explains how the residence currently has five entrances and Ms. Zobel would like to remove three of them which would leave one in the front and one in the back. Currently there is a concrete patio in the back of the house that has trees growing through it and has now become intrusive. They would like to remove the patio and replace with a canti-levered deck that will extend 4’ beyond the existing patio foot print. Ms. Zobel would also like to place windows on the left and right side of the house where the entrances are and also put a dormer on the left side. Agent McManus states that it is mostly cosmetic changes and all within the existing footprint.
Motion made, seconded and unanimously carried for a Negative Determination
7:09 Richard Maganiello **43-2673** (56 Kim Path) Demo / Rebuild single family three bedroom home - NOI **Continued from November 3, 2011**
Resource Area: LSCSF, Coastal Dune/Bank, Buffer to Coastal Beach
Material submitted: Existing Conditions 6/16/11 Cape & Islands Engineering / Proposed Site Plan 11/8/11 Cape & Islands Engineering / Proposed Conservation Restoration Plan 11/4/11 Talbot Ecological Land Care / Printed Photos – Talbot Ecological Land Care
Jack Vaccaro from Vaccaro Environmental is representing the homeowner and explains that they are proposing a tear down /rebuild with slight modifications to the footprint. There is an actual reduction in lot coverage because mostly of the removal of the deck that is being replaced by a stone patio. Mr. Vaccaro says they are also removing a wing that exists on the north east corner of the house that is very close to the property line. There is one additional increase of footprint on the corner of the proposed house which will bring it closer to the dune. Other increases of the footprint will happen closer to the street than
to the beach or dune area. Mr. Vaccaro states that the mitigation calculations that are required is 836 squ. ft. but they are proposing to restore the dune and reduce the lawn area which will provide a total mitigation of 3700 squ ft. They will also be restoring another area by Kim Path that is controlled by Popponesset Beach Association.
Michael Talbot from Talbot Ecological Land Care presented the mitigation plan. Mr. Talbot hands out photos of the dune area they are proposing to restore. The photos show the dunes being entirely colonized by Rosa Rugosa and they would like to convert the specific areas to natural habitat. Mr. Talbot then hands out photos from the Murray project (previously permitted project SE 43-2653) to show the positive end results of that dune restoration. The Popponesset Beach Association has submitted a letter of support for this project and will finalize the agreement on December 3rd when their Board meets. The management is very stringent as they will set up an escrow account and also formalize a 3-year management agreement
which will include continued eradication of invasive species and revegetation when needed.
Agent McManus reads the Board of Health’s comments for the record which state that the existing leaching will be used for the new dwelling and a variance relief has been requested. The application was approved. The Agent states that he greatly approves all the extra mitigation the applicant is proposing and the dune restoration plan will be a great benefit.
Motion made, seconded and unanimously carried to Close and Issue
7:12 Rodney & Joan Larsson **43-2675** (72 Captains Row) Construct an addition to a two bedroom single family home - NOI
Resource Area: Buffer Zone to Coastal Bank, Coastal Dune & Coastal Beach/LSCSF
Material submitted: Proposed Site Plan 10/31/11 Pesce Engineering
Ed Pesce from Pesce Engineering is representing for the applicant and he explains that they are proposing to construct an addition to the existing house. The septic system was originally designed for the ability to expand so there is no reason to upgrade the septic. The addition will take place on one side of the dwelling which will not result in any further encroachment to the resource areas. Agent McManus reads the Board of Health’s comments which state no application or review is necessary. The Agent asks Mr. Pesce if any of the trees will be removed resulting from the addition. Mr. Pesce states that there are a couple of small trees in the area that they are concerned with and will most likely remove. There is one large tree that may need pruning and they will contact the Agent
at the time of construction for consult.
Motion made, seconded and unanimously carried to Close and Issue
7:15 Frank Iarossi (74 Waterway) Install new septic system - RDA
Resource Area: Buffer Zone to Coastal Bank/LSCSF
Material submitted: Plot Plan 11/4/11 Carmen Shay
Carmen Shay is representing the homeowner and explains that there is an existing system that has failed to meet the separation from ground water according to the Board of Health’s bylaws. Mr. Shay says they are proposing to re-use the existing 1500 gal. tank and install a 1000 gal. pump chamber. They will elevate the field; not a mounted system, but still below ground as will meet the 4’ separation to ground water. Agent McManus reads the Board of Health’s comment that states the application has been approved.
Motion made, seconded and unanimously carried for a Negative Determination
7:18 Russell McDonald (6 Canonchet Avenue) Construct a 20’ x 8’ deck in rear of house - RDA
Resource Area: Buffer Zone to Johns Pond
Material submitted: First Floor Plan with Proposed Deck 11/8/11 Donald Duberger Builder
Don Duberger from Duberger Builder is representing the homeowner and explains that the house has recently been remodeled and they will now like to construct a deck in the rear of the house. They will most likely need six footings and it will not bring them any closer to the pond. Mr. Duberger is also requesting to replace a stairway that goes towards the water. It will require three concrete pads for the stringers. The existing stairs are hazardous.
Motion made, seconded and unanimously carried for a Negative Determination
7:21 Town of Mashpee (Quashnet Road & Great Neck Road North) Realign the intersection of Quashnet Road and Great Neck Road North - RDA
Resource Area: Buffer Zone to Riverfront (Inland Bank): Mashpee River
Material submitted: Great Neck Road North Sidewalk 11/11/10 Baxter Nye
Catherine Laurent, DPW Director, explains that the project they are currently working on has recently been realized that they are technically within the 200’ buffer zone to the river. Agent McManus states that it was not immediately apparent that this section of work was within the buffer zone as you could not see the river from that particular point. The project is almost complete and there has been no impact to the resource area.
Motion made, seconded and unanimously carried for a Negative Determination
7:24 Deb Fischer (178 Wheeler Road) Remove (8) trees overhanging house and electrical wires and prune some other trees - RDA
Resource Area: Buffer Zone to Inland Bank: Ashumet Pond
Material submitted: Plot Plan (Hand drawn) 11/8/11 Owner / Town GIS 11/8/11 Owner
David Fischer explains that there are trees that are presently overhanging the electrical power lines and the house. Agent McManus states that some of the pruning for the utility wires is outside the 100’ jurisdiction. There is a jumble mess of trees leaning straight towards the house and some of them are dead. Chairman Fitzsimmons asks if some of the taller trees can just be trimmed on the lower limbs but Agent McManus states that the lower limbs are mostly leaders and would weaken the tree if removed.
Motion made, seconded and unanimously carried for a Negative Determination
7:27 Paul Estabrooks (34 East Road) Upgrade existing septic system with new leaching & I/A treatment system utilizing the PIRANA aerobic treatment unit - RDA
Resource Area: Buffer Zone to Peter’s Pond
Material submitted: Proposed Septic System Upgrade 11/10/11 Pesce Engineering
Ed Pesce from Pesce Engineering is representing for the applicant and he explains that the project is an existing residential apartment dwelling. They are proposing to upgrade the septic system to be compliant with Title 5. The original plan submitted was requested by the Board of Health to be revised which Mr. Pesce made the few changes asked and submitted a second plan. The proposal calls for an aerobic treatment system called PIRANA which is one of two aerobic type systems; the other is called Sludge Hammer and Mr. Pesce has bid requests out for both. They will re-use the existing tank and add another 1500 gal tank with a new soil absorption system. The SAS has been placed as far away from the resource area as possible. They are on the Board of Health’s December 14th
agenda for variance request. Mr. Pesce explains that the PIRANA system works by adding oxygen with a fan blower so that there is an aerobic bacteria component, a nitrifying bacteria and a de-nitrifying component. This type of system allows a ground water separation of 3’.
Motion made, seconded and unanimously carried for a Negative Determination
- Land Stewards Program Update- MEC/EOC Meetings – Agent McManus states that he and Kelsey Boyd had attended an Environmental Oversight Committee meeting and a Mashpee Environmental Coalition meeting which were both receptive to the plans for the Land Steward Program. They set up a display at the Mashpee Library that has information on the program. There is a laminated plaque and sign-up sheets. Kelsey has spoken to the Boy Scouts, Boys & Girls Club as well as the high school which has some environment roots with the biology class. Chairman Fitzsimmons mentions Senior Projects as well. One of the members of the MEC suggested a door-to-door campaign specifically in the areas of the entry ways to parcels. Agent McManus states that things are progressing nicely and Kelsey is doing a great job. They have also
been discussing the possibility of paying for a web site outside the town’s web site. There would be more options as the town’s website is very “standardized” and has limitations. Mr. Sweet suggests contacting the Peninsular Counsel as they used to be very proactive in walking several parcels
- Catherine Laurent (DPW Director) – Ms. Laurent explains that she had presented a plan for storm water improvements at the end of Mashpee Neck Road to the Commission with Baxter Nye a few months ago. The project had received funding through the Cape Cod Water Resource Restoration Project. The grant amount from NRCS is about $140,000 which the town is responsible for a 25% match but specifically excludes from the grant any permitting costs and unfortunately DPW was not aware of these exclusions. The costs incurred were $4100 and Ms. Laurent is asking for reimbursement from Concom. Agent McManus informs the Commission that there are a couple of Conservation funds that are not part of the town’s general fund. One is an Acquisition of Lands and Maintenance fund and the other is a general
conservation fund. Both accounts have historically been used for the purchase of conservation land along with maintenance issues on those lands. The Agent explains that he has consulted town counsel on the usage of these funds and reads the response for the record in which it states that if funds are being properly expended to maintain parcels which we protect than this type of expense is allowed.
Motion made, seconded and unanimously carried to approve the expense of $4105 for environmental permitting for Mashpee Neck Road Project
- Jim Kalweit: 149 Noisy Hole Rd (utility work) – Mr. Kalweit explains that the property now consists of three lots which have been combined into one lot. The perk test was completed and although the separation was present, the D Layer would not allow a “strip out” of the B Layer to create the separation. The rear lot is basically all sand as they had dug down approximately 14’ and it had kept collapsing on itself so they are looking to place the septic in that area. There is an old cranberry bog in the back where there was an old hand dug trench was created. Because of this, they need to file for a permit for a pump up system with a forced main. The forced main will be outside of the actual wetland but close to it; approximately 5’. Mr. Kalweit is explains that prior to agreeing to a
purchase & sales agreement on this property, he is asking the Commission what the likelihood is to allow a hand dug forced main on the rear portion of the lot. Agent McManus informs the Commission that Mr. Kalweit is asking what type of permit for this project. He explains that normally he would ask for an RDA but where the forced main is so close to the resource area he had advised Mr. Kalweit to briefly present it to the Board. The Commission informs Mr. Kalweit that he would have to formally present the project under an RDA and at that time it would be decided if it will remain under that type permitting or if he will need to move forward with a NOI.
Motion made, seconded and unanimously carried to adjourn the meeting at 8:25 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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