Conservation Commission
Minutes of January 26, 2012
Public Hearings
Mashpee Town Hall - Conference Room 2
Commissioners: Chairman Jack Fitzsimmons, Mark Gurnee, Brad Sweet, John Rogers 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: N/A
- Adm. Review 043-1027 – Place a sand conveyor machine at the top of the coastal bank to transport beach nourishment sand to the beach
Material submitted: Beach Nourishment & Post Storm Beach Nourishment in Perpetuity 5/20/08 BSC Group / Site Sketch Plan 1/12/06
Norman Hayes from the BSC Group is requesting the ability to change the conveyance of sand equipment for beach nourishment for Maushop Village. Mr. Hayes explains that because of erosion issues, all of the access points with one exception are now unusable to bring sand to the site. They would like to maintain the permits that they currently have for the beach nourishment but with the ability to convey the sand over the top of the coastal bank with a conveyor belt. Agent McManus states that this is a minor change for getting the sand to the beach and there is no impact to the resource area. Mr. Sweet asks where the conveyor will be placed. Mr. Hayes states that it will be to the left, between the last two cottages on Hydrangea Lane. Mr. Sweet also would like to confirm that the Maushop
Trustees are aware of the proposed changes and Mr. Hayes states that they had a meeting with them last week to discuss this approach.
Motion made, seconded and unanimously carried to approve the Administrative Review for 043-1027
Chairman Fitzsimmons would like to note that Mr. Hayes has appeared before the Commission a number of times and this will be his last hearing as Mr. Hayes will be retiring after 39 years of service.
HEARINGS
7:00 Baybury Village Homeowners Association (Association Common Area – Godfrey Road) Trim, replant and replace vegetation – RDA
Resource Area: Bufferzone to Riverfront/Coastal Bank (Mashpee River)
Material submitted: Town GIS 1/13/12 (hand marked) Applicant / Plan of Land 3/22/68 Applicant
[7:45]
Dick Crocker, a member of the Association explains that they had been placed on the “no plow” list due to overgrown vegetation that was encroaching into the road so they trimmed the growth back. Mr. Crocker states that lot 8 had received approval to clear some vines and brush which exposed a mess in the common area. Mr. Crocker says that they then cleared out a lot of dead stuff but it left root systems so he is requesting permission to clear the roots as well. Agent McManus explains that there is not a plan available for the common area lot but the photos show that the area was covered with vines and over run with invasives. The agent states that they will use a similar plan that is being used at 48 Godfrey Road so as to continue the same type of planting but the applicant will be
submitting their own planting plan as well. There is no adverse impact to the coastal bank and all work is within the buffer zone.
Motion made, seconded and unanimously carried for a Negative Determination
7:03 Lionel Pinsonneault **43-2685** (92 Cayuga Ave) Construct a seasonal dock - NOI **Continued from 1/12/12**
Resource Area: Land Under Water, Land Containing Shellfish, Bordering Land Subject to Flooding
Material submitted: Proposed Seasonal Dock 1/25/12 Falmouth Engineering
[15:27]
Michael Borselli from Falmouth Engineering explains that they had made a slight change to the plan as the Harbor Master asked that the dock be centered on the lot. The structure will have concrete footings with a sleeve that will allow it to be re-installed each year in the exact location so that there will be no bottom disturbance (except for the initial installation). The mussel survey showed that there were a few mussels in this area. The sections of the structure will be stored each season at the base of the property on the beach. Agent McManus reads the letter from Natural Heritage regarding the mussel survey for the record.
The Agent also reads the Harbormaster comments about the trash in the water and that the owner is responsible to place identification on all sections of the dock. A letter from Marine Fisheries was read and a letter from an abutter was also read for the record. Mr. Cook asks if the posts will be sticking out above water all year and Mr. Borselli says that they will not as the aluminum “sleeve” will be removed each season and the only thing that will be left will be the concrete footings.
Motion made, seconded and unanimously carried to Close and Issue
7:06 Kevin Mulgrew (33 Sunset Circle) Construct wood retaining wall, fieldstone retaining wall and replace turf & patio area with sand and compensatory plantings - RDA **Continued to February 9, 2012 @ 7:03pm**
Resource Area:
Material submitted:
[29:05]
The applicant has requested a two week continuance as they are waiting for comments from Natural Heritage.
Motion made, seconded and unanimously carried to continue to February 9, 2012 at 7:03pm
7:09 Robert Wittstein (55 Monahansett Road) Construct a 12’ x 12’ deck addition with additional footings, replace a crushed stone driveway with pavers extending around east side of house, patio with fire pit, add fill for mild grading, remove tree in back of house and remove six trees in front of house to add circular driveway. Also, clean trim or remove overgrown shrubbery and vegetation within 4’-10’ of BVW, remove dead branches and leaves and replace with new plantings - RDA
Resource Area: Buffer Zone to Inland Bank & Freshwater Wetland (BLSF)
Material submitted: Legend/Locus Map 6/5/10 Owner / Site Plan-Proposed Deck, Patio, Landscape Improvements 1/17/12 (hand drawn) Owner
[29:40]
Bob Wittstein describes the different projects that they are proposing to give better use of the outdoor space which has become very overgrown. The sun porch will require two additional footers and they will need to replace the lolly columns since they are rusting and probably not even the appropriate material. The columns will be replaced with pressure treated wood. They would like to extend the driveway and replace the crushed stone with pavers. There is a tree near the proposed deck that is leaning towards the house that they would like to remove it. Mr. Wittstein also would like to trim and remove some overgrown rhododendrons and replace with cypress. Agent McManus states that it is a previously disturbed lot and mostly aesthetic improvements. There is no impact to the wetlands.
Mr. Gurnee comments on the outdoor shower and the fact that it is required to be hooked up to the septic system. Agent McManus states that the Board of Health did not comment on the shower. Mr. Sweet questions the grading and fill. The Agent states that it is very minor grading with no changes to run off patterns. Mr. Cook recommends a border along the pavers for any run off.
Motion made, seconded and unanimously carried for a Negative Determination
- Fred Bottomley (Fairland Farms Inc)- Update on Garner Farley cranberry bog production.
[40:58] Agent McManus asked Mr. Bottomley who leases the Garner Farley bogs to give the commission an update. Mr. Bottomley explains that he has been working to correct an ongoing problem with the flood-ops from the winter of 2009. In 2010, they had machinery in the woods cleaning out the ditches. Mr. Bottomley explains that in 2010 they had elected to do waterway improvements rather than concentrating on harvesting. In 2011, no chemicals were used as they had elected to treat as organic. Water quality test each year were clear with no pollutants. Mr. Bottomley would like not to use heavy herbicides as they do not have a serious woody vegetation problem but the grasses are problematic.
They are suggesting for 2012 that they hold water for at least year in which it would kill the primary emerging bud but not a severe detrimental factor to the secondary growth but this will also eliminate crop for 2012 again. Mr. Bottomley is looking for permission to do a complete flood-op which will kill off all of the common weeds and grasses. This operation will provide a healthier bog in 6-8 years. Chairman Fitzsimmons has concerns about the contract because it had originally stated that it was for Mr. Bottomley to grow cranberries. Mr. Bottomley states that it was never signed because the first two years had terms that they could not adhere to. The Chairman is still concerned that the contract has not been signed especially if chemicals are being used. Mr. Bottomley states that all chemicals used are registered with the State. The Chairman asks Agent McManus to contact Town Counsel to see if they should continue with Mr. Bottomley even
without a contract. The Chairman asks who is responsible for the insurance premiums and Mr. Bottomley responds that they are. Agent McManus informs Mr. Bottomley that he would like to put a lock back on the gate at the power lines due to some dumping that is still occurring. Mr. Bottomley would like to apply a timeline of approximately 2-3 weeks to start working on a contract.
- NStar update (Mashpee River Woodlands)
[1:09:17] Agent McManus received a call from Natural Heritage and Endangered Species because of the concern from a story on the front page of the Mashpee Enterprise so he took several photos of the clearing to send them. The woman from Natural Heritage explained to the Agent that there are protocols which utility companies are supposed to follow and they may have an issue with the clear cutting that took place. Agent McManus states that utility companies are typically exempt from the Wetlands Protection Act but they are not exempt from rare species habitat under the Natural Heritage.
[1:13:41] The Commissioners had a few questions regarding the aquaculture project, Professor Howes salt marsh research project, road blocks at Abigail Brook and a concern from Mr. Gurnee regarding the allowance of horses on the trails.
Motion made, seconded and unanimously carried to adjourn the meeting at 8:02 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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