Conservation Commission
Minutes of March 22, 2012
Public Hearings
Mashpee Town Hall - Conference Room 2
Commissioners: Vice Chairman Bud Shaw, Lloyd Allen, John Rogers, Patty Jalowy and Steve Cook
Staff Present: Drew McManus (Conservation Agent) and Kris Carpenter (Administrative Secretary)
Call Meeting To Order: 6:55 pm
The meeting was called to order with a quorum by Vice Chairman Shaw at 6:55 pm.
There was no public comment.
Pre/Post Hearing Agenda:
- Minutes: Approval of the following minutes: February 9, 2012 & March 8, 2012
- APCC Herring Run Volunteer Training – There was a total of ten volunteers that had started to do the counts at all three runs including Santuit this year. All three runs are currently active.
- Upcoming volunteer activity dates:
- 3/28/12 (Wednesday)- Johns Pond CA trail work/trash clean up with Senior Conservation Corps/Land Stewards (8:30 a.m.-12:30 p.m.)
- 5/5/12 (Saturday) Noisy Hole CA clean up with Land Stewards, Cape Cod Geocachers, and residents of Noisy Hole Rd area. (9 a.m. - 2 p.m.). Geocachers are a local group that uses GPS units to find items mostly in the woods and they have volunteered to help with the cleanup since they use our lands for recreational activities. The agent states that he was able to secure the donation of a large dumpster from Pina Disposal. This cleanup will most likely run all day and the Agent is estimating approximately 70 volunteers.
HEARINGS
7:00 Michelle Greenfield **43-2691** (27 Keel Way) Construct minor additions to dwelling and garage. Remove part of existing deck and gazebo and replace with a patio. Enlarge deck on right side with additional sona tubes. Remove basketball court and replace with plantings. Fill in existing pool with clean sand - NOI **Continued from February 23, 2012**
Resource Area: LSCSF, Buffer Zone to Salt Marsh/BVW
Material submitted: Plan of Land 3/13/12 Cape & Islands Engineering / Landscape Plan 3/6/12 Gardens by Rebecca
[6:46] Tom Quinn is representing for the Greenfields. Agent McManus states that this project is a continuance from February 23rd and at that time, they had requested more details for the planting locations specifically the basketball court area. Mr. Quinn explains that the large deck, gazebo and basketball court is being removed; the generator will be removed; and the pool will be filled with sand.
Motion made, seconded and unanimously carried to Close and Issue
7:03 Mark & Heidi Dalaklis (26 Pembroke Drive) Replant approximately 1500 sq.ft. of PBA land abutting 26 Pembroke Drive with native species for buffer restoration - RDA
Resource Area: Buffer Zone to BVW Associated with Dean’s Pond
Material submitted: Buffer Strip Restoration 2/6/12 Vaccaro Environmental Consulting / Photos – Existing/Proposed 2/6/12 Vaccaro Environmental Consulting
[10:18] Jack Vaccaro from Environmental Consulting is representing for the home owners and explains that this project is purely buffer restoration on land directly adjacent to the Dlaklis property. The land that is going to be restored is actually owned and maintained as a walking trail by the Popponesset Beach Association. Mr. Vaccaro states that they will restore the degraded areas within the strip with native plantings. PBA has asked Mr. Vaccaro to incorporate as part of this filing the permission for them to clear some of the
bittersweet vines that have taken hold of the area at the end of Pembroke and plant with some bayberries. Mr. Vaccaro states that PBA had endorsed the plan when they met last month.
Motion made, seconded and unanimously carried for a Negative Determination
7:06 Richard Cook **043-2692** (Popponesset Bay) Create and operate an aquaculture project with maintenance in perpetuity - NOI **Continued to April 26, 2012 @ 7:00**
Resource Area: Land Under Ocean
Material submitted:
[14:10] Vice Chairman Shaw states that there was information received earlier and the agent has not had time to review the documents so he has determined that a continuance is necessary until April 26, 2012 at 7:00pm.
Richard Cook asks what, if any, would stop the lawyer from coming on April 26 with more “pertinent” information. Mr. Cook asks what some of the topics are within the documentation that the attorney dropped off. He understands that one of the items is the notification for abutters and he had thought he understood that the limit for notification to abutters was 100’ from the project boundaries. Agent McManus states that the actual property of the proposed aquaculture farm is Popponessett Bay and thus all abutters to the bay (abutting mean low water) must be notified based on the Ch. 172 by-law section 172-5(3). Mr. Cook asks if this was done for the Tribe’s eight acre grant and the Agent says that he does not know
and will have to research it.
Rick York, Mashpee Shellfish Constable, asks if the continuance date can be changed as he will be away on vacation that week. Agent McManus states that he asked for this date to allow for reasonable time to review all the documents that were submitted by Attorney Wall. Mrs. Cook also states that she is on vacation at that time as well. She also feels that there should be an official legal ruling regarding the boundaries of notification and that three weeks should be sufficient time to review this so she is asking that the continuance be for April 12th. Agent McManus states that he is not comfortable with that time frame as he needs more time to review the attorney’s objections and seek Town Counsel’s legal advice
on abutter notification requirements under the by-law. April 26th would be the most reasonable date to accommodate proper research and provide recommendations for this proposed project.
A resident asks the Commission if there is a policy or procedure on presenting material prior to the hearing. Vice Chairman Shaw states that there is due respect to all entries and it is the Commissions feelings that this material deserves the attention it is getting. Agent McManus confirms that there is no language in the bylaw that addresses the submission of material from abutters so therefore there is no requirement.
Motion made, seconded and unanimously carried to continue to April 26, 2012 at 7:00pm
7:09 Kevin & Mary Ellen Kelly (123 Tide Run) Reset existing float and float piles in same footprint. Repair decking and frame and install new ramp - RDA
Resource Area: LSCSF, Land Under Ocean, Salt Marsh
Material submitted: Plan Accompanying Petition 7/20/95 Stephen Doyle & Associates
[23:28] Mark Burtis from Little River Dock Company is representing Mr. & Mrs. Kelly and he explains that it is an older dock in which the piles are rotting and need to be replaced. Mr. Burtis states that his intention is to put the same size diameter pile in the same hole. They will utilize most of the original frame. Mr. Burtis says that they will also elevate the walkway to allow public passage underneath. Agent McManus reads the Harbormaster’s comment which requires property address identification on all sections of the pier and float.
Motion made, seconded and unanimously carried for a Negative Determination
7:12 William & Ruby Mills (90 Great Neck Road North) Upgrade existing septic system to Title V. Pump fill and abandon existing cesspool - RDA
Resource Area: Buffer Zone to River Front (Mashpee River)
Material submitted: Plan by GEHRS for Emergency Title V 3/5/12 GEHRS
[24:47] William Mills states that their existing septic system went into failure so they had contacted the Board of Health who assisted them with designing a new system. Agent McManus states that this was an emergency repair that was carried out. It falls within the 200’ set back of the Mashpee River. The plan was created by the Health Agent and the upgrade has already been completed. The Agent’s only recommendation is some sort of ground cover to address exposed soils. Mr. Mills asks for a couple of weeks for the temperatures to become warmer and he will comply.
Motion made, seconded and unanimously carried for a Negative Determination
7:15 William & Rebecca Power (6 Deans Hollow) Upgrade existing septic system to Title V. Pump and remove existing cesspool - RDA **Continued to April 12, 2012 @ 7:00**
Resource Area: LSCSF
Material submitted:
[29:56] The applicant requested a continuance to April 12, 2012.
Motion made, seconded and unanimously carried to continue to April 12, 2012 at 7:00pm
7:18 Kenneth Foster (17C Trinity Place) Install an L.P. Gas (propane) refill station with 1000 gallon capacity - RDA
Resource Area: Buffer Zone to Inland Bank
Material submitted: Proposed Site Plan 3/1/12 Sweetser Engineering
[30:56] Ken Foster and Kevin Filone are representing for the project. Mr. Foster explains that they are proposing an installation of a 1000 gallon tank which will hold approximately 800 gallons of fuel and will be used to refill propane tanks and cylinders primarily for BBQ grills. Currently, they are using an exchange program which requires delivery from South Dennis via truck. This incurs a lot of traveling and is not the “greenest” of ways. The tank is being placed on a platform that was initially intended for a trash compactor/dumpster but was never used for that purpose. The pad will support ¾ of the tank and the back will need to be supported with a couple of
sonotubes. They will supply electrical power from the main building. Mr. Foster explains that they will be placing cement berms in front to prevent anyone from driving into the tank which is a Fire Department regulation and they will place a locked fence surrounding the area. The entire area will be well lit at night. Mr. Steve Cook asks what the weight of the tank is and Mr. Foster says approximately 6,000lbs. Mr. Cook asks if the sonotubes will be able to support it and Mr. Foster explains that the sonotubes are mainly for the balance. Most of the tank will be supported by the platform. Commissioner Jalowy asks why not increase the pad size instead of using sonotubes and Mr. Foster answers that they could have but he felt it would be less disturbance with the sonotubes.
Motion made, seconded and unanimously carried for a Negative Determination
- Tim Davis (Land Steward)- project updates (Mashpee/Wakeby, Desrosier parcel trail, Quashnet River shopping carts) – Mr. Davis has been doing a lot of cleanup along the shorelines of Mashpee and Santuit Ponds and has expanded the Desrosier parcel trail to a width of 4’. Mr. Davis also assisted greatly in the cleanup of several Stop and Shop carriages that had been dumped in the Quashnet River over a period of years (presumably from kids sending them down an inland bank that abuts the river behind the Masphee Village Condos. The Agent suggests a Certificate of Recognition for Mr. Davis as he has done a lot of work.
- Land Stewardship Program updates:
- Stewardship program cards printed for existing volunteers to hand out – Informational cards were printed and laminated to be distributed to existing stewards so they can hand them out to prospective volunteers to the stewardship program.
- Tracking volunteer progress on MS Excel spreadsheet and hardcopy file folder – Any improvements or problems being reported are being logged into the spreadsheet.
- Mashpee National Wildlife Refuge Comprehensive Conservation Plan (CCP) Public Scoping Meeting: 4/11/12 from 2 p.m to 4 p.m. at Mashpee Public Library – They are currently working on a Comprehensive Conservation Plan. The US Fish and Wildlife have been leading this project for the refuge in Mashpee. They will be soliciting public feedback at this meeting and also provide information to the public as to the details of the plan.
- Meeting protocols / attendance discussion – The Agent reminded the commissioners to make sure to bring their copies of the local and state wetland acts to each meeting. Also, he reminded the commissioners to give as much advanced notice as possible if they are unable to attend a particular meeting date.
Selectman Tom O’Hara asked the Board and the Agent some questions regarding the information submitted for Richard Cook (7:06pm hearing that has been continued to April 26th) and Agent McManus briefly discusses the information that Attorney Brian Wall dropped off. Agent McManus reads the regulation that applies to notifying abutters for Mr. O’Hara. The Board has a few questions and comments in regards to Mr. Cook’s NOI.
Motion made, seconded and unanimously carried to adjourn the meeting at 7:53 pm. [57:40]
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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