Conservation Commission
Minutes of February 9, 2012
Public Hearings
Mashpee Town Hall - Conference Room 2
Commissioners: Vice Chairman Ralph Shaw, Mark Gurnee, Brad Sweet, John Rogers, Lloyd Allen 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: January 12, 2012
- Land Stewardship Meeting Recap – Agent McManus states that there were about 30 people that attended the Land Steward Kick Off meeting and stated there were more applications submitted by residents that couldn’t make the meeting. The Agent states that they presented a power point presentation and briefly discussed the ongoing work for the New England Cottontail. Mr. Gurnee comments about the observation forms being submitted and suggests creating a plan or process to act on them to keep enthusiasm ongoing. The Agent agrees and states that they will set dates to assess the situations reported but stated, they are at the mercy of DPW as far as timing for illegal dumping removal of large items. Vice Chairman Shaw suggests a reporting system that allows the ability to publish actions and results. The Agent says that they can report it on the Land Steward website and also in a quarterly news letter.
HEARINGS
7:00 Mark Caliri **43-2688** (75 Edgewater Drive) 18’ x 21’ wooden platform and proposed vegetation plantings – NOI
Resource Area: Buffer Zone to Inland Bank/Inland Bank to Santuit Pond
Material submitted: Proposed Conservation Planting 1/5/12 Owner
[5:36] Mr. Caliri explains that he realized his renters had cleared and cut trees on his property abutting Santuit Pond and unfortunately he did not have knowledge of Conservation policies. He explains that because there was a clearing, he went ahead and built a deck/platform without knowing that a permit was required. Agent McManus states that there is no Natural Heritage & Endangered Species jurisdiction in this area and that no trees nor understory was cleared to accommodate the platform. The Agent states that there is
no adverse impact to the resource area as a result of the construction. Mr. Gurnee questions why there are trees marked on the plan and Mr. Caliri states that they are trees leaning toward the house that he would like to remove. Agent McManus states that they are pitch pines that are infested with turpentine beetle and are deemed hazardous to the house. Compensatory planting plan (Joyce Landscaping) submitted for mitigation of cut/pruned beech trees on inland bank leading to pond.
Motion made, seconded and unanimously carried to Close and Issue
7:03 Kevin Mulgrew **43-2687** (33 Sunset Circle) Construct wood retaining wall, fieldstone retaining wall and replace turf & patio area with sand and compensatory plantings - NOI **Continued to February 23, 2012 @ 7:03pm**
Resource Area:
Material submitted:
[16:06] The applicant has requested a continuance as he is still awaiting comments from Natural Heritage.
Motion made, seconded and unanimously carried to continue to February 23, 2012 at 7:03pm
7:06 Lemonia Macropoulos (88 Cayuga Avenue) Remove five trees that are close to home that is damaging the deck and roof and are also potentially hazardous to the dwelling - RDA **Continued to February 23, 2012 @ 7:15**
Resource Area:
Material submitted:
[16:32] Agent McManus is requesting a continuance due to a time constraint as he was not able to visit the site and consult/inspect the trees.
Motion made, seconded and unanimously carried to continue to February 23, 2012 at 7:15pm
7:09 Matt DeSutter **43-2689** (26 Waterway) Demolish and rebuild a single family home with driveway, pool and all appurtenant utilities - NOI
Resource Area: LSCSF, Buffer Zone to Coastal Bank, Salt Marsh, Land Under Ocean
Material submitted: Buffer Restoration 1/30/12 Vaccaro Environmental Consulting, Plot Plan Proposed House 1/28/12 BSS Design, Plot Plan Existing House 1/28/12 BSS Design, Site Plan 2/3/12 Centerline Studios
[18:06] Jack Vaccaro from Vaccaro Environmental Consulting is proposing the demolition and construction of a new four bedroom home essentially in the same footprint. The construction is very close to a coastal bank. Mr. Vaccaro explains that the house is actually moved back approximately 5’ more from the wetland than the existing home, but they are increasing the size of the house and adding patio in back where there is currently lawn. Due to the hardscape additions there will be required buffer restoration. Mr. Vaccaro states that approximately 1900 squ. ft. is required. They are proposing to reduce the lawn area about 1200 squ. ft. in the area that is closest to the wetland and
replant with native vegetation. Mr. Vaccaro also would like to restore the degraded wetland system with a three year phragmites removal program by mechanically mowing the area twice a year and then once in control they will plant with salt tolerant native plantings. Agent McManus states that the mitigation plan more than exceeds requirement. The Agent also states that this project has Natural Heritage jurisdiction. He reads the Board of Health comments for the record. Mr. Gurnee is concerned about the runoff from the patio. Jennifer Malila from Centerline Studios explains that the patio is made with natural stone material and has made a provision for a drip-strip at the edge of the patio into a drywell. Ms. Malila confirms the lawn will be Mashpee protocol with conservation mix that only allows a maximum of 2lbs of nitrogen per year.
An abutter questions the type of shrubbery between the houses and size of the driveway. Ms. Malila states Evergreen trees and explains that the driveway will be approximately 4’ wider. Mr. Sweet asks Ms. Malila if the plans have been before the Architectural Review Committee of New Seabury which Ms. Malila answers “Not yet”. Mr. Sweet recommends to the abutter to attend that meeting when it happens as all his questions are mainly aesthetic.
Motion made, seconded and unanimously carried to Close and Issue
7:12 Rosemary & James Mitchell **43-2690** (90 Popponesset Island Road) Construct and maintain in perpetuity a licensed wooden pier ramp and float - NOI
Resource Area: LSCSF, Salt Marsh, BVW, Land Under Ocean
Material submitted: Plan Accompany Petition of Mitchell Nominee Trust 4/9/04 Cape & Islands Engineering / Profile of Proposed Pier, Ramp & Float (Pg 1 & 2) 4/9/04 Cape & Islands Engineering
[36:49] John Slavinski from Cape & Islands Engineering explains that there is a Chapter 91 state license, Army Corp engineer permit and a previously issued order of conditions from Mashpee. The state license and COE is still active but the Order of Conditions has since expired and the dock has not been built yet. Agent McManus reads the comments from the Shellfish Constable and the Harbormaster for the record. The Harbormaster now requires a street address be placed on all sections of the dock and float with the DEP number as well. Agent McManus states that he would like to see information regarding the storing of the float/ramp during off season in the narrative.
Motion made, seconded and unanimously carried to Close and Issue pending notification of off season storage
7:15 Stephen Sullivan (7 Sextant Circle) Install a 3-bedroom soil absorption system to meet Title 5 requirements. The existing 1000 gallon leaching pit will be pumped dry, disconnected and filled with clean fill- RDA
Resource Area: Buffer Zone to Coastal Bank/ Freshwater Wetland/BVW
Material submitted: Sewage Disposal System Repair Design 1/20/12 Chris Costa & Associates
[41:46] Matt Costa from Chris Costa & Associates is proposing to install a Title V septic system because the existing leach field failed. The closest point is 79’ to the top of the coastal bank. Agent McManus reads the Board of Health comments for the record and also states that all the work proposed is within previously disturbed areas.
Motion made, seconded and unanimously carried for a Negative Determination
7:18 John Donnellan (59 Pond Circle) Construct a 23.5’ x 25’ two car attached garage - RDA
Resource Area:
Material submitted: Certified Plot Plan 1/19/12 Chris Costa & Associates
[45:21] Matt Costa from Chris Costa & Associates explains that all construction proposed for a 23.5’ x 25’ two-car garage is in a previous disturbed area. The closest point of the work area is 62’ from the top of the inland bank. All run off will be collected by gutters and down-spouts. Agent McManus states that they will be replanting some areas with native plantings. He reads the Board of Health comments for the record which states that a review is not necessary as there is only storage above garage being proposed (no additional living space). The Agent confirms this as a condition of the permit and states that there will be a requirement to have a final inspection.
Motion made, seconded and unanimously carried for a Negative Determination
7:21 Gloria Henn (29 Seconsett Point Road) Pump existing cesspool, fill with clean sand and abandon. A complete Title 5 septic system and associated piping will be installed - RDA
Resource Area: LSCSF, Buffer Zone to Coastal Bank
Material submitted: Proposed Septic system Upgrade 1/26/12 Engineering Works
[50:46] Pete McEntee from Engineering Works is proposing a voluntary soil absorption septic system upgrade. The system will be placed outside the 100’ buffer zone but is within the flood zone. The tank will be installed approximately 88’ from the beach and 73’ from the top of the coastal bank. Agent McManus reads the Board of Health comments for the record.
Motion made, seconded and unanimously carried for a Negative Determination
7:24 David Scarpitti/ Mass. Division of Fisheries and Wildlife (Great Hay Road / Holland Mills Road) Proposed habitat management treatment activities which will include mowing and mulching of smaller trees and shrubs. Additional efforts may include prescribed burning and invasive plant species treatment at some point in the future - RDA
Resource Area: Buffer Zone to Freshwater Wetlands
Material submitted: New England Cottontail Powerpoint
[53:00] David Scarpetti from Division of Fisheries and Wildlife presented a powerpoint presentation to the commission that describes ideal habitat for the New England Cottontail and the management activities that they are proposing on town and state lands as part of the South Mashpee Pine Barrens (part of the overall Mashpee National Wildlife Refuge). Mr. Scarpetti explains that scrub oak is the best habitat but overtime, areas have lost its vigor and there is less coverage. Habitat management’s purpose is to stimulate the vigorous growth again. The New England Cottontail is a native species in Massachusetts but has become fragmented, isolated populations mainly in Cape Cod. The decline is
noticeably attributed to unsuitable habitat and is now a candidate for Federal Endangered Species Advocacy.
Vice Chairman Shaw asks if there is any replanting involved and Mr. Scarpetti states that there is not a need to plant anything as part of this project as vigorous re-growth is anticipated as a result of overstory thinning of the canopy. Sometimes there is a need for replanting and it usually involves where equipment had been staged due to the amount of disturbance to the leaf litter and top growing plants. Mr. Gurnee points out that the focus is on New England cottontail and he would like know what happens to the other native species that are living there who would find the habitat management less palatable after the understory and overlying trees are removed. Mr. Scarpetti admits that there is a bit of a trade off but there are regulations to safeguard against that. The area has been mapped by
Natural Heritage Endangered Species program for rare or protected species. Mr. Scarpetti continues to say that with this particular eco system, most of the species associated with pitch pine/scrub oak eco systems are in decline because of the lack of disturbance; lack of fire or lack of management over time. There is a whole suite of species associated with pitch pine/scrub oak that will benefit greatly from these management applications.
Mr. Scarpetti states that they will provide full notification to abutters along with posting signs and holding public meetings so everyone will have the option for full understanding of what they are looking to accomplish. The Vice Chairman asks how long will it be for them to see cottontails. Mr. Scarpetti states that the window is approximately a five year return on an investment when the cottontail becomes really productive. Mr. Allen asks how often this treatment would need to be repeated and Mr. Scarpetti states approximately 20-40years.
Mr. Gurnee feels that written conditions should be included with this RDA as they are working right in the wetland resource area and it would ensure that all people doing the work do it correctly and maintain the appropriate precautions with any machinery brought in.
Motion made, seconded and unanimously carried for a Negative Determination
- Solarbee Project: Recommendation of RDA filing
[2:02:00] The agent informed the commission that Mashpee DPW will be coming forward with a permit request for installing 6 solar powered floating water circulator units known as solarbees in various locations on Santuit Pond. These units are expected to improve the water quality/clarity in the pond, which has been plagued by ever worsening algae blooms (often times toxic) over the last 10 plus years. A comprehensive diagnostic study of Santuit Pond conducted by the environmental consulting firm of AECom in 2010 assessed the conditions leading to the pond’s current eutrophic state and determined that internal loading from existing debris/bottom sediment composition was the main factor for phosphorous
generation in the pond, in addition to phosphorous inputs from leaching septic systems, atmospheric deposition, stormwater runoff, fertilizer runoff from abutting properties (lawns and cranberry bogs) and waterfowl waste. Phosphorous loading is the main trigger for the formation of algae blooms in the pond. The agent recommended an RDA filing for the proposed installation of the solarbees.
Motion made, seconded and unanimously carried to adjourn the meeting at 9:04 pm. [2:09:12]
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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