Conservation Commission
Minutes of December 15, 2011
Public Hearings
Mashpee Town Hall - Conference Room 1
Commissioners: Chairman Jack Fitzsimmons, Vice Chairman Shaw, Brad Sweet, John Rogers, Lloyd Allen, and Steve Cook
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: November 17, 2011 & December 1, 2011
Motion made, seconded and unanimously carried to approve the minutes of November 17, 2011 and December 1, 2011.
- South Cape Beach Research Plots (U-Mass Dartmouth) – Agent McManus sent notices out to Fish & Wildlife and some other environmental groups to try and track down the person who created the plots. Responses revealed that it was a grad student from UMass Dartmouth studying under Brian Howes who is a professor at UMass Dartmouth. The plots were created to monitor the effects of sea level rise on the saltmarsh. The student has also placed these plots in other towns as well but never thought to seek town’s approval prior to creating the plots. Brian Howes will be coming into Conscom on January 12th for a presentation that will give a brief summary of what the research will consist of and what mitigation will follow. Vice Chairman Shaw asks if there should be some type of filing and the Agent responds that often times
if the project is in the interest of a resource area improvement or environmental monitoring, it could qualify for a waiver of requirements from the Ch. 172 by-law, but that is a decision that the Commission can make after Prof Howe’s presentation. Chairman Fitzsimmons mentions that they also placed plots in Sippewissit Marsh without gaining permission from the Falmouth Conscom. They were told that the plots needed to be immediately filled back in and not to come back. Falmouth was very upset and refused to allow Mr. Howes to show any slides. Agent McManus states that all work is currently on hold until Mr. Howes has come before the Mashpee Conscom.
- Land Stewardship updates – Agent McManus states there has been a lot of progress with the Virtual Town Hall website. It now contains a lot of information regarding the Land Stewardship Program including a form that can be filled out online for observations of assigned parcels; as well as a sign-up form to become a Land Steward. The Agent and Kelsey Boyd have continued mapping trails which eventually will produce PDF files and links that can be accessed from the website. It will contain information such as a brief history and description of the parcel and a map with associated trails. Agent McManus & Kelsey will be meeting with the Cub Scouts and also the Friends Group with The Mashpee National Wildlife Refuge to discuss some projects that they would like to see happen specifically on some of the
Conservation parcels that are part of the refuge.
HEARINGS
7:00 Popponesset Beach Association (Popponesset Beach) Replace and maintain in perpetuity seven (7) stone groins – RDA
Resource Area: Land Under Ocean, LSCSF, Coastal Beach, Coastal Dune
Material submitted: Plan to Accompany Petition of Popponesset Beach Association to Repair & Maintain Existing Stone Groins 11/22/11 Stephen Doyle & Associates (Pgs 1 – 6)
Stephen Doyle from Doyle & Associates is presenting along with Christine Fairneny on behalf of Popponesset Beach Associate and Wilson Grove Association. Mr. Doyle explains that they would like to do some repair work on the stone groins along Popponesset Beach. There are thirteen dead-end private roads from Shore Drive to the beach and at the end of each road are primary access points. They would like to repair seven out of nine jetties back to original footprints (one is owned by the Commonwealth and is in good condition; the other is private property and owner has declined repairs at this time). They will work within the foot prints of the existing groins and the detail shown on plans was modeled from the original (dated
1950’s). There is an average 5’ wide cap stone which is a 5-6 ton stone. The armor stones will be at a 1½-1 slope with 2-3 tons and base stones with a minimum of 2 tons. A minimum toe stone depth of 18”-24” and each groin has a 1½-1 face slope at the seaward/nose of the groin. The groins are built level about 50-60’ from the beach and then pitch down to mean high water. They are built as interlocking units to function properly but through the years have loosened and moved so that the jetty starts to collapse and is no longer functional. Mr. Doyle states that they will be able to use 90% of the stones that are currently there. He explains that they will be looking for four access points for construction. One is the New Seabury Beach parking area which there is an access permission letter in the file; the second is from Kim Path, third is Nick and the fourth one is Bluff. The only
areas of disturbance will be at the access points.
Christine Fairneny, President of Popponesset Beach Association, explains that the main access location is Sandy Beach which has been the staging area for several projects along the beach. They are hoping to be able to stage most of the materials and work from that access point. Ms. Fairneny believes they can hit groins 9-6 and possibly reach 5 from that location. Bluff Ave which is presently used for seaweed removal could reach groin 3, 4 and, again, possibly 5. Ms. Fairneny states that they would like to widen the aisle to approximately 15’ for equipment access and then once completed would re-vegetate the area. Ms. Fairneny also points out an existing ramp that they would like to replace with a sturdier wider ramp that
they would be able to drive over for future seaweed removal. She also states that if the contractors need the access at Kim Path then they would propose the same widening and ramp replacement as Bluff Avenue. Ms. Fairneny also asks the Commission if they could install a wooden bench at the end of the ramps for the community to sit.
Agent McManus states that there is a letter from the Marine Fisheries with recommendations on how the work should proceed. The Agent reads the letter for the record and also states that if the project is approved, then the recommendations will be incorporated into the Order of Conditions. Agent McManus suggests that the heavy equipment should be monitored at all times for any fuel spillages. DEP’s comment letter states that no Chapter 91 licensing is required as long as all the work is in the same footprint. The Agent states that the project does meet the applicable performance standards. Mr. Cook asks what the time frame is and Ms. Fairneny responds that they were hoping for this winter but they have recently met with the Army
Corps and there may be some time restrictions that they need to adhere to. Mr. Cook asks what type of equipment and Mr. Doyle says that they will be using a crane. Mr. Doyle states that they will be checking the toe stones at the end of the jetties to determine if they need to be reset but he doesn’t believe they have moved and will most likely not need to be.
Christine Fairneny states the existing ramps are approximately 3-4’ wide but they would like to make it wide enough for the Kubota tractor to drive over. It would eliminate the continuous removal of the ramp each time during the on-going seaweed removal permit The Kubota also tramples the sea grass along the sides so if they were to replace it with something a little wider than it would lessen the damage each time. Ms. Fairneny says that they would like to widen it an additional 3’ which would entail the removal of some rosa ragosa and they will replant with beach grass. Chairman Fitzsimmons is concerned with the width of the proposed new ramps. He states that more than 4’ width is normally not allowed because
people would want to start bringing boats through there. Ms. Fairneny states that the neighbors were also concerned with that same issue so they are proposing to place posts down the middle of the ramps to prevent any traffic from entering the beach.
Ms. Fairneny states that the lifespan of the groins are really storm dependant but the estimate from the contractor originally was a 40-50 year lifespan design. The existing groins are approximately 57 years and she considers that they have held up pretty well.
Motion made, seconded and unanimously carried to Close and Issue
7:03 Alex Granovsky (17 Bayshore Drive) Install paver patio, replace wood timber wall, install fescue lawn area and native plantings - RDA **Continued from December 1, 2011**
Resource Area: Buffer Zone to Bordering Vegetated Wetland/Riverfront
Material submitted: Granovsky Residence 10/11/11 Maffei Landscape
Joe Theoharidis from Maffei Landscaping is representing the home owner and explains that they would like to remove some pine trees as they have been damaged by bores. The dwelling has a sliding door in the rear with nothing to step down on so they are proposing a paver patio and also to replace a wooden timber wall in the same foot print. The area is rough lawn and mostly mulched and they would like to install a lawn with native plantings. Agent McManus confirms that the trees are damaged from turpentine beetle and hazardous. The lawn is a conservation seed mix and the plantings will be along the border. The agent states
that all proposed work meets applicable performance standards.
Motion made, seconded and unanimously carried for a Negative Determination
7:06 James Galvin (27 Popponesset Island Road) Construct an attached garage and install a swimming pool with patio and fence - RDA
Resource Area: LSCSF
Material submitted: Site Plan Proposed Garage & Pool 9/16/11 Warwick & Associates
Barbara Frappier with Warwick Associates is the representative for the applicant and explains that only a portion of the project is within Conscom jurisdiction, specifically the 100 year flood zone. Agent McManus confirms that only a portion of the pool is within the flood zone and there is no adverse impact to performance standards for land subject to coastal storm flow.
Motion made, seconded and unanimously carried for a Negative Determination
7:09 Maria Weintraub (8 Nehoiden Road) Upgrade to a Title 5 Septic System - RDA
Resource Area: Flood Zone A/ Buffer to Flood Zone A
Material submitted: Plot Plan Proposed Septic System 11/23/11 Carmen Shay Environmental Services
John Slavinski from Cape & Islands Engineering is representing for Shay Environmental and he explains that the project is a septic repair. Mr. Slavinski states that the project may or may not be within 100’ of the flood zone but says that Mr. Shay felt it was. Agent McManus states that it is a standard application for a septic upgrade and he reads the Board of Health comments for the record.
Motion made, seconded and unanimously carried for a Negative Determination
7:12 Lawrence Bacon **043-2679** (56 Waterway) Install 100’ of timber bulkhead along the edge of Popponesset Creek - NOI
Resource Area: Coastal Bank/ LSCSF/ Land Under Ocean
Material submitted: Proposed Wooden Retaining Wall 11/22/11 Cape & Islands Engineering / Buffer Strip Restoration 12/5/11 Vaccaro Environmental
Jack Vaccaro from Vaccaro Environmental is representing the homeowner and explains that there is a small band of shrubs along the coastal bank that consists mostly of ragosa rose that will be affected by the proposed construction. The project proposed is 100’ of bulkhead installation that is made of wood timbers. A row of dead-men, horizontally installed piles will be installed 10’ back on the landward side and anchored to the base of the wall using tie rods. There will be excavation required for the placement of the 10 piles for the dead-men and then filled and re-graded. The existing lawn grades significantly towards Popponesset Creek so they would like to change the grade to change the water runoff to be infiltrated into the ground. The 10’ zone that will be affected by the
installation of the bulkhead and dead-men will be revegetated with native vegetation.
Agent McManus asks why they were going with timber instead of vinyl and Mr. Slavinski answers that other local homes in that area were done the same so they were staying with the timber. Mr. Cook asks what the reason for the project is and Mr. Vaccaro responds that the owners are being proactive. Several properties in that area are in much worse condition and the owners wanted to be proactive so as not to lose any more saltmarsh or bank from erosion
Motion made, seconded and unanimously carried to Close and Issue
7:15 Richard Barry, Trustee **043-2678** (44 Waterway) Install 100’ of timber bulkhead along the edge of Popponesset Creek - NOI
Resource Area: Coastal Bank, LSCSF, Land Under Ocean
Material submitted: Proposed Wooden Retaining Wall 11/23/11 Cape & Islands Engineering / Buffer Strip Restoration 12/5/11 Vaccaro Environmental
Jack Vaccaro is also representing this home owner and explains that it is a carbon copy of the project that was just heard. This property also has a band of mostly rosa ragosa at the top of the bank. This property has more of a slope than the previous project so it will require more landfill to re-grade. The mitigation plan mirrors 56 Waterway.
Motion made, seconded and unanimously carried to Close and Issue
7:18 Michael Margolis **043-2677** (68 Bayview Road) Construct single family dwelling with driveway, landscaping, vista pruning and all appurtenant utilities - NOI
Resource Area: LSCSF, Buffer Zone to Salt Marsh, Bordering Vegetated Wetland
Material submitted: Proposed Site Plan 12/6/11 Cape & Islands Engineering
Jack Vaccaro is also presenting this project and explains that this applicant is a potential owner that would like to propose a single family home construction. It consists of two parcels that are separated by water that passes through but still a part of Hamblin Pond. The property currently has two ‘derelict’ structures that at one time might have functioned as a shed. There is also a small privy located on the site. Mr. Vaccaro explains that they will be installing a denitrifying septic system and placed as far back from the wetlands as possible and most of it will be located outside the 100’ buffer. The home is designed to stay out of the 50’ buffer except for a slight incursion behind the house with a 35’ vista window off the back of the house. The exact
location of the vista window will be decided upon after the frame of the house has been set and Mr. Vaccaro will consult with the Agent at that time. The two old structures will be removed and the affected areas will be restored by planting native wetland type vegetations. There is also another small area by the shed that could provide an opportunity for additional plantings.
Agent McManus reads the DEP comment letter for the record which asks what the elevation is of the dwelling. John Slavinski responds that the first floor elevation is shown on a different plan but as required is always higher than the elevation of the flood zone. There is no basement being proposed.
Dave Holden is an abutter and lives on the adjacent lot at 62 Bayview Road, and he states that the town bylaws call for certain setbacks such as; the dwelling should be 100’ back from the water and this house is within 50’. Another town bylaw states that the Health Dept. has approved an SAS that is 77’ back but 100’ is required. Mr. Holden also states that the septic tank distance to the crawl space should be 10’ but plans show 6’ and the SAS to the street requires 10’ but is at 5’. Mr. Holden feels that there are a quite a bit of variances being set for this project and thinks that it will be a deficit to the environment and the neighborhood. Mr. Fitzsimmons explains to Mr. Holden that it is a small lot and the dwelling is at the only place it can fit.
There is a 50’ separation between the work limit and the wetland; the Board of Health is reviewing the septic system which Agent McManus confirms there will be variances requested but that is why the owner is going with the HOOT system which is a very expensive denitrifying system. The Agent also briefly explains the bylaws and states that the project is within the parameters of the performance standards. He also briefly explains the vista pruning bylaws.
Marcia Holden, also an abutter at 62 Bayview Road, also reads all the setback requirements and states that this project has not met any. She feels that if this project is approved and the dwelling is “shoe-horned” into this small residential lot, it will send a poor message and destroy a lot of the Cape. Agent McManus feels that Ms. Holden was referring to all the BOH setbacks and he does not have a comment for that.
John Slavinski from Cape & Islands Engineering explains that the Board of Health will have a meeting where all the abutters will be notified and Mr. & Mrs. Holden can attend. Mr. Cook asks if the project will be before ZBA for lot coverage and Mr. Slavinski states that it was not required. Chairman Fitzsimmons asks Mr. Slavinski if it is possible that the Board of Health will deny the project and Mr. Slavinski states that it is always a possibility that any project can be denied. If it is required that the system will be moved, than the project will have to be presented to Conscom with all the revisions.
Motion made, seconded and unanimously carried to Close and Issue
7:21 MC Massachusetts Nominee Trust **043-2670** (202 Daniels Island Road) Amend 43-2670 to modify permitted retaining wall and associated site grading.- AOC
Resource Area: Coastal Bank
Material submitted: Proposed Landscape Grading Plan 11/17/11 Cape & Islands Engineering / Buffer Restoration Plan 12/5/11 Vaccaro Environmental
Jack Vaccaro from Vaccaro Environmental is presenting for the applicant and explains that this project was presented several weeks ago for specifically a retaining wall and gravel parking lot which was approved then. At this time they are seeking a change to the parking area which will also require a change to the wall and some site grading in that same area. Mr. Vaccaro explains that the resource area that they were concerned about was two coastal banks and the new revision shows a small bit of the work is within 50’ but is in existing cleared area. Mr. Vaccaro also explains that there is a small section outside of Conservation jurisdiction and he explains that within that section, they will remove a small hill and place a wall in its place. Mr. Vaccaro says that they will need to remove a few
trees but one Cedar will be transplanted along with the planting of several others to create buffering. They would like to expand the existing lawn which they will use a native conservation seed mix that is intended for coastal areas. Agent McManus states that it is mostly cosmetic changes in the buffer zone and there are not really any applicable performance standards given the current state of the area.
Motion made, seconded and unanimously carried to Close and Issue to amend 043-2670
7:24 William Lento **043-2681** (35 Timberlane Drive) Remove six hazardous trees close to the dwelling and vista pruning - NOI
Resource Area: Inland Bank Leading to Santuit Pond
Material submitted: Proposed Septic (hand drawn
William Lento explains that there are some trees that are very close to the house that are hazardous and he would also like to do some vista pruning. Agent McManus explains to Mr. Lento the required width of the vista corridor. It starts at an 80% width at the beginning of the corridor and expands out to the maximum allowable width. The agent explains that the bank starts right at the back of the house so there is barely a back yard. Mr. Lento points out the six trees that are in close vicinity of the house that he is requesting removal. Chairman Fitzsimmons states that the plan does not show the 6th tree and the Agent explains that it was flagged in the field but not shown on the plan. He will have the applicant mark it so that it is on record. The Chairman also had some
questions regarding the measurements for the vista pruning that is reflected on the plan. Agent McManus states that the plan submitted shows the top of the bank, the contours and the edge of the water which are all important features and should be able to determine how wide the property is.
Motion made, seconded and unanimously carried to Close and Issue
- Richard Cook NOI (43-2662) - Request for withdrawal of aquaculture permit – Mr. Cook who had received approval from the Commission previously for his aquaculture farm, submitted a letter from his attorney which Agent McManus reads for the record. The letter basically states that they are withdrawing their previous submitted Notice of Intent which resulted in the issuance of an Order of Conditions that was appealed and then a Superseding Order of Conditions that had attached certain requirements. Mr. Cook is in the process of identifying a new area which has not yet been presented to the Commission. Mr. Cook is seeking to rescind/revoke his Order of Conditions. They have not been recorded as of this time due to the appeals.
Motion made, seconded and unanimously carried to approve the request to revoke the Order of Conditions
Mr. Cook asks what the requirement is for notification to abutters and who Mr. Cook will need to notify for his new location. Agent McManus states that he would most likely have to notify Save the Bay, The Audubon Society and the Town of Barnstable. The Agent feels that they may need to have it clarified by Town Council because he questions if it is 100’ from the continuous water bodies or is it 100’ from the actual grant area boundary.
Motion made, seconded and unanimously carried to adjourn the meeting at 8:45 pm.
Respectfully submitted,
Kris Carpenter
Administrative Secretary
***All material submitted for hearings can be found on Conservation Flash Drive dated 7/1/10***
| 
