Conservation Commission
Minutes of January 12, 2012
Public Hearings
Mashpee Town Hall - Conference Room 1
Commissioners: Chairman Jack Fitzsimmons, Vice Chairman Shaw, Brad Sweet, John Rogers, Lloyd Allen and Patti 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: December 15, 2011
Motion made, seconded and unanimously carried to approve the minutes of December 15, 2011.
- Land Stewardship Updates (Town Web Page Updates) – Agent McManus suggests the Commissioners to look at the Town Conservation website specifically the Stewardship link as there new information uploaded. An online observation form for reporting information and an online sign-up form for the Stewardship Program has been uploaded along with all kinds of information about the parcels. The Agent states that they will start working on the trail maps with comprehensive trail guides. Kelsey Boyd, the Americorp volunteer and Kris Carpenter with the assistance of Tom Mayo and the IT Department assisted in getting the website up and running. Things are coming together for the Land Stewardship meeting which is on a Monday, February 6th at 7:00pm in the main conference room at Town Hall. The Agent has also contacted
the Environmental Police who will be sending a representative to talk about illegal dumping. There will be a power point presentation that will explain to volunteers what is involved. The volunteers can sign up to be either passive or active volunteers. A passive volunteer means that you go out to the parcel and observe and report; an active volunteer means that you are willing to participate in various ways with trail maintenance.
- Mass Wildlife: Habitat improvements work at Mashpee Pine Barrens: New England Cottontail – Dave Scarpitti who works for Mass Fish and Wildlife is the lead man on the New England Cottontail project with the state. Mr. Scarpitti will be at the next meeting to present a breakdown of the clearing of vegetation and possibly prescribed burning.
- NStar Easement Clearing: Mashpee River Woodlands – Agent McManus states that he sent photos of the specific cleared area to the Commissioners and has not heard back from NStar as of yet. The easement area at the Mashpee River has been cleared all the way to the bottom of the bank and included some sizable trees. The Agent is looking for an explanation of why this was allowed to happen when he was previously told the area would not be touched. Mr. Sweet feels that the subcontractor that NStar most likely hired to do the cutting be held partially responsible. Agent McManus states that he had met with a forester, Chris Fallon who was hired by NStar and who specifically pointed out that the trees that would not be cut.
HEARINGS
7:00 Frank & Mildred Iarossi **43-2682** (74 Waterway) Construct a new entry way at the front door, enclosure of a portion of the existing deck and installation of new sonotube footings – NOI
Resource Area: Buffer Zone to LSCSF, Coastal Bank (Armored) & Land Under Ocean
Material submitted: Landscape Renovation Plan 12/27/11 Mary LeBlanc Landscape Design / Plot Plan 11/29/11 Falmouth Engineering
Michael Borselli from Falmouth Engineering is representing for the applicant and explains that they are proposing renovations to the house. Mr. Iarossi discovered some structural problems with the supports on the existing rear deck soon after his recent purchase of the property. There are a series of columns that do not meet the building code so the plan is to excavate and install new footings. The excavation will be done by hand. The owners would also like to reconstruct the front entryway to the house to make it more formal and close in a portion of the open rear deck into a screened in porch. All improvements are within the existing footprint. Mr. Iarossi has hired an architect to change a lot of the elements to the
architecture of the home for example; trim and some of the windows. Agent McManus confirms that everything is in the pre-existing footprint; no expansion towards the coastal bank.
Motion made, seconded and unanimously carried to Close and Issue
7:03 Lionel Pinsonneault **43-2685** (92 Cayuga Ave) Construct a seasonal dock - NOI **Continued to 1/26/12 @ 7:03pm**
Resource Area: Land Under Water, Land Containing Shellfish, Bordering Land Subject to Flooding
Material submitted:
Michael Borselli from Falmouth Engineering requests a two week continuance due to Natural Heritage comment that has not been received as of yet.
Motion made, seconded and unanimously carried to continue to January 26, 2012 at 7:03pm
7:06 Arnold Tofias (34 Wheelhouse Lane) Repair/rebuild existing pool apron - RDA
Resource Area: LSCSF, Buffer Zone to BVW, Salt Marsh, Land Under Salt Ponds
Material submitted: Site Plan 1/3/12 (Hand drawn) LeBlanc Builders
Michael LeBlanc from LeBlanc Builders is representing for the homeowner and explains that there is an existing pool that was built in the late 80’s and the tile has popped and approximately 2’ down to the waterline, the beam of the pool has cracked. Mr. LeBlanc states that they would like to remove the beam by jack-hammering it out, re-gunite, re-plaster and then re-tile. The deck is attached to the side of the pool beam and that may be what caused the beam to crack. The footprint will remain the same. All the work will be done by hand because there is no access available. Agent McManus confirms that everything is contained within the existing footprint so there is no impact to the resource areas.[18:42]
Motion made, seconded and unanimously carried for a Negative Determination
7:09 Jeff & Elaine Weiser (30 Wheelhouse Lane) Construct a screened in porch on an existing deck which will include the removal of a section of deck and sonotubes - RDA
Resource Area: LSCSF, Buffer Zone to BVW, Salt Marsh, Land Under Salt Ponds
Material submitted: Site Plan 1/3/12 (Hand drawn) LeBlanc Builders
Michael LeBlanc from LeBlanc Builders is also presenting this homeowner and explains that they would like to construct a screened in porch on an existing deck. They will have to hand excavate four additional sonotubes. The site has absolutely no access from the driveway so everything will be done by hand.
Motion made, seconded and unanimously carried for a Negative Determination
7:12 Richard Dane **43-2684** (352 Monomoscoy Road) Construct a single family home with attached garage and vista pruning - NOI
Resource Area: LSCSF, Buffer Zone to BVW, Land Under Ocean
Material submitted: Proposed Site Plan 1/04/12 Cape & Islands Engineering / Buffer Restoration Plan 12/29/11 Vaccaro Environmental Consulting
Jack Vaccaro from Vaccaro Environmental Consulting is presenting for the applicant who is in the process of purchasing this property. Mr. Vaccaro explains that this property is the first of two parcels that are adjacent to each other. Mr. Vaccaro states that the structure, driveway and almost the entire septic is out of the flood zone (state jurisdiction). The work limit and vista pruning is within Conservation jurisdiction. Mr. Vaccaro states that they would like to remove 30% of the canopy, 20% removal of saplings and maintaining the shrub layer no higher than 6’. Mr. Vaccaro also explains that there is a dock permit that had been previously approved and has a Chapter 91 license so they would like to site the vista window that could contain any future foot path to that dock. Mr.
Vaccaro says that the site is currently a very densely vegetated pine upland where the vegetation has crowded itself out and has become diseased in areas. There is a lot of standing dead pines. The owners would like to encourage a more natural appearance outside the area of the vista corridor. Agent McManus clarifies the flood zone jurisdiction and that the 172 Wetland Bylaw under 172-2 resource areas that are protected is Land Subject to Coastal Storm Flow and Land within 100’ of Land Subject to Coastal Storm Flow. The Agent explains that it would place portions of the proposed house and driveway within Conservation jurisdiction and he is concerned about the driveway being paved especially since all driveways on Monomoscoy are pervious and this would be something the Commission regularly recommends. Mr. Vaccaro explains that it is only a preference by the landowners and he is sure that they can compromise if the Commission
feels strongly about it. Mr. Vaccaro suggests possibly providing a catch basin to collect any run off. Mr. Sweet asks about the removal of any trees and Mr. Vaccaro states that there is a lot of dead wood. Agent McManus states that all else meets performance standards for the portion of the lot that is subject to coastal storm flow. The Agent states that there are no issues with the removal of invasive vines and the Board of Health comments that a conventional Title 5 leaching facility will accommodate a proposed five bedroom dwelling. John Slavinski explains that although the septic was approved for a five bedroom, that is not what they are proposing. The five bedrooms were intended for possible future use only. [35:15]
Motion made, seconded and unanimously carried to Close and Issue with an agreement for a pervious driveway or French drain.
7:15 Susan Dane **43-2683** (342 Monomoscoy Road) Construct a single family residence with attached garage, pool and vista pruning along with a 4’ path to a previously permitted dock - NOI
Resource Area: LSCSF, Buffer Zone to BVW, Land Under Ocean
Material submitted: Buffer Restoration Plan 12/29/11 Vaccaro Environment Consulting / Proposed Site Plan 01/04/11
Jack Vaccaro from Vaccaro Environmental Consulting is presenting for the applicant and explains that this also includes the construction of a new five bedroom residence. Mr. Vaccaro says that they tried to maintain the policy with respect to the naturally vegetated buffer strip by providing an excess of 50 feet of separation between the edge of the wetland and the work limits. The closest point is around 80’. The proposal is for a house with an attached garage, rear deck, pool & patio and a vista corridor that meets all of Conservation’s protocols. The corridor is shorter on this lot than the previous lot and for that reason they would like to remove a few of the dead pines which they will provide, in its place, a dozen blueberry shrubs. There is also a mitigation area along the
property line being proposed even though it is not required because they have met the setback requirements but they would like to create some screening and also a seed source. Mr. Vaccaro states that they will make the same concession with respect to the driveway as the previous project. Agent McManus states that the same comments apply to this project as the previous one on 352 Monomoscoy as both are very similar. Mr. Sweet is concerned if the patio is above the drainage and Agent McManus states that there is notation on the plan that there will be a 12”w x 18”d stone filled trench installed along the entire perimeter of the stone patio. [44:20]
Motion made, seconded and unanimously carried to Close and Issue
7:18 Mark Dalaklis (26 Pembroke Drive) Raze and rebuild a sunroom and deck, re-grade back yard with retaining walls and a patio area, install an entry patio and construct a small shed - NOI
Resource Area: LSCSF, Buffer Zone to Coastal Bank, BVW, Dean’s Pond
Material submitted: Plot Plan – House & Landscape Improvements 12/30/12 BSS Design / Dalaklis Residence 01/02/12 Centerline Studios
Jack Vaccaro from Vaccaro Environmental Consulting is presenting for the applicant and explains that the project involves mostly landscape improvements. There is an element of structural improvements as well. They would like to restore a native landscape as much as possible. Mr. Vaccaro explains that there are four activities; the sunroom and deck addition which involves removing and rebuilding in the same footprint; installing a front entry way with a patio that entails widening the driveway; an 8 x 12’ shed; and regrading and installation of retaining walls. They have developed a mitigation plan that was calculated by how much additional impervious surface is created in the 5’ bands from the resource area. The requirement is a little less than 1000 squ ft. The mitigation
plan includes ornamentals as well as native plants which amount to a little over 1700 squ. ft. The Agent mentions that he did not see it mentioned in the narrative about (Regulation 31) nitrogen loading and lawn standards which does apply to this project. Jennifer Malila states that they are using the Falmouth Friendly Lawn Program which is noted on the plan. Agent McManus suggests that the regulation should be referenced in the narrative. Mr. Vaccaro asks if they should submit correspondence showing their intent and the Agent confirms that they should.
Mr. Sweet asks about the asphalt driveway that looks like it drains towards Pembroke Drive. Ms. Malila states that they are placing a drive way combo apron and they can space it generously which will be permeable and catch whatever comes through there. She also mentions that if the Commission requires additional trench drain as an extra precaution than they can consider that. Mr. Vaccaro states that there is sufficient elevation for a trench drain. Mr. Sweet also recommends dry wells for roof runoff and Ms. Malila confirms and states that they are placing gravel all around the border of the house. [56:45]
Motion made, seconded and unanimously carried to Close and Issue
7:21 Ruth Vignati (5 Tide Run) Construct a two-story addition located between the existing single family dwelling and the existing detached garage; and an 8’ x 8’ open framed freestanding pergola with masonry pavers - RDA
Resource Area: Buffer Zone to Bordering Vegetated Wetland, LSCSF
Material submitted: Additions & Alterations 12/22/11 Brown Lindquist Fenuccio & Raber Architects
Rick Fenuccio from Brown Lindquist Fenuccio & Raber Architects is representing the applicant and explains that they are proposing an 828 squ. ft., two-story addition. They will be connecting the structure from an existing house to a detached garage. The closest point of construction to the resource area is 68 ½’ back from the edge of the vegetated wetland. Agent McManus states that the proposed additions are all outside of the 50’ buffer to the BVW and have no impact to the resource area. [1:00]
Motion made, seconded and unanimously carried for a Negative Determination
7:24 Russell McDonald (6a Canonchet Avenue) Modification of an existing retaining wall - RDA
Resource Area: Bordering Land Subject to Flooding, Buffer to Johns Pond
Material submitted: Site Plan 01/03/12 (Hand drawn) Duberger Builders / Proposed Retaining Wall Repair & Improvements 01/03/12 Deburger Builders
Don Duberger from Duberger Builders is representing for the homeowners and explains that the existing condition of the structural integrity of the wall has been compromised. The issue is that on top of the wall exists a big concrete slab and if they remove the wall, the weight of the slab would cause the entire surface to collapse. Mr. Duberger states that they would like to place four piers into the existing wall, equally spaced across a 30’ plane. A footing will then be placed in front of the wall with a field stone wall to face that wall. Mr. Duberger is aware that the Building Department requires an engineered stamp plan and he will be providing them one. Agent McManus states that the wall needs to be addressed as it is a safety hazard and the permit could be withheld until Mr. Duberger can
supply a stamped plan. [1:03]
Motion made, seconded and unanimously carried for a Negative Determination pending submittal of an engineer stamped plan
- Ken Bates (Chairman Waterways Commission)
Material submitted: Budget Figures 12/16/11 Mashpee Waterways
Mr. Bates is present to explain to the Commission an article that will be published in the newspaper the following day regarding the Mashpee River Dredging project and a specific site that he thought would be beneficial to dispose of the dredged material. Mr. Bates suggests that there could also be some restoration to the firebreak road when the project is completed. Under this same restoration project, they could possibly make a handicap access with a possible picnic area and kayak launch area. This could be an Eagle Scout project. Chairman Fitzsimmons asks if dredging would have any toxic materials in it. Mr. Bates states that all of the test core samples have been tested by laboratories and show no hazardous materials. There is a high salinity count in the sediment but he assumes that is
from the salt water. The Chairman mentions e-coli count and Mr. Bates states that the 1916 channel in Popponesset Bay that was permitted and dredged in 2010 and the flushing that was created did not have any blossoms in the Mashpee River this past summer and no fish kills. [1:21]
- Brian Howes: South Cape Beach research plots (U-Mass Dartmouth)
Material submitted: Power Point Presentation: Mashpee _2012_Accretion Study (see flash drive dated 7/1/10)
Professor Brian Howes from the University of Massachusetts Dartmouth presented a powerpoint presentation to the commission that describes a PHD student’s graduate work on the effects of sea level rise on salt marshes. A few research plots were created by the student on a parcel of salt marsh in Mashpee without notice to the commission. Professor Howes described the research in detail and assured the commission that all disturbances to the salt marsh will be mitigated entirely once the research is completed.
Mr. Sweet asks how they selected the particular spots and Professor Howes states that the true reason is that he’s had a house in Mashpee since 1991 and he goes to the beach all the time so he has watched the dune material move back. The other reason is that they have already measured the rate at which that marsh is growing vertically. They have natural markers in the sediment that has been allowing documentation. The third reason is that it is on Nantucket Sound has a variety tide range of 4-5’.
Chairman Fitzsimmons asks how many sites they are planning on researching. Professor Howes states that these are the only ones for Mashpee. They had selected other sites such as Falmouth because they were identical to the ones in Mashpee. The Chairman recommends a Notice of Intent to be filed so that it can be reviewed properly and DEP can also look at it. Professor Howes is concerned over permitting costs as they have a slim budget. The Chairman explains that Mashpee has bylaws that protect the wetlands and there are certain responsibilities that need to be exercised. Agent
McManus feels that since this is environmental research than the Commission has the option to waive the bylaw permit fee.
Chris Weidman, Research Coordinator for Waquoit Bay, explains that he has worked with Drew in the past. Mr. Weidman would just like to state that how important this kind of research is on sea level rise and the marsh response. The Reserve itself which surrounds these sites both upstream and downstream is engaged now and have been for the last few years in what they call Salt Marsh Observatory. He is very interested in the school project and it would be interesting to link up with a number of other research projects and monitoring efforts that are going on. [2:06]
Motion made, seconded and unanimously carried to adjourn the meeting at 8:55 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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