Conservation Commission
Minutes of April 12, 2012
Public Hearings
Mashpee Town Hall - Conference Room 2
Commissioners: Chairman John Fitzsimmons, Vice Chairman Bud Shaw, Brad Sweet, 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 Chairman Fitzsimmons at 6:55 pm.
There was no public comment.
Pre/Post Hearing Agenda:
- Minutes: Approval of the following minutes: January 26, 2012, February 23, 2012 & March 22, 2012
Motion made, seconded and unanimously carried to approve the minutes of January 26, 2012, February 23, 2012 & March 22, 2012.
- Gate Estimates: Noisy Hole CA (single/double swing bars) – Agent McManus explains the differences in the single swing gate and the double swing gate. The double swing gates connect in the middle and are more heavy duty than the single swing. The gates will restrict vehicle access into Noisy Hole Conservation area. The Town Manager has approved the proposal to purchase and install four gates for the Noisy Hole parcel. Mr. Sweet asks the agent about the design and installation of the poles that hold the gates.
Motion made, seconded and unanimously carried to approve the funds of $7,833.32 for the purchase of four gates.
HEARINGS
7:00 William & Rebecca Power (6 Deans Hollow) Upgrade existing septic system to Title V. Pump and remove existing cesspool - RDA **Continued from March 22, 2012**
Resource Area: LSCSF
Material submitted: Proposed Sewage Disposal System 3/5/12 Cape & Islands Engineering
[13:22] John Slavinski from Cape & Islands Engineering is representing the homeowners and explains that project is straight forward. They will be replacing the septic system with a new Title V system.
Motion made, seconded and unanimously carried for a Negative Determination
7:03 Mark Tobin (96 Captains Row) Remove trees and prune damaged/dead branches from other trees - RDA
Resource Area: Buffer Zone to Coastal Bank
Material submitted: Plot Plan (hand drawn) 3/21/12 Owner
[15:35] Mark Tobin explains that there is significant decaying in the base of a maple tree. There is some native bayberry that is being overrun by some honeysuckle from the neighbor’s yard that he would like to trim back to the property line. Mr. Tobin requested removal of an oak tree that is hanging over the house that’s had storm damage to the center of the tree many years ago and the branches that have regenerated from it are stemming from the weak spot of the tree. From another tree is a 20’ limb that broke in the
last storm and is hanging over the neighbor’s driveway. Mr. Tobin would also like to prune deadwood from two other oak trees. Agent McManus states that all removals and pruning are within a pre-disturbed area and there is no impact to the coastal bank.
Motion made, seconded and unanimously carried for a Negative Determination
7:06 Al Clemens **43-2693** (58 Spoondrift Way) Demo/Rebuild single family with attached garage, covered entry, decks, patios, retaining walls, (2) outdoor showers, stairs and walkways, stone drip apron with the associated clearing, grading, utilities and landscaping - NOI
Resource Area: Salt Marsh
Material submitted: Plot Plan 3/7/12 Christopher Costa / Clemens Residence 3/23/12 Duxbury Gardens
[20:15] Matt Costa from Christopher Costa & Associates is representing the homeowner. Mr. Costa explains that they are proposing to raze the existing dwelling and replace it with a new constructed dwelling. The existing dwelling sits approximately 22.7’ from the salt marsh line and the new proposed rebuild with
a one car garage and reconfigured deck is slightly closer to the resource area. Mr. Costa states that because they are closer they have a mitigation requirement so he has included approximately 735 sf. of plantings. They will install the plantings to increase the buffer to the salt marsh and the plan also shows that the majority of the lawn in the back yard is being removed. Chairman Fitzsimmons asks if the outdoor showers will be attached to the existing leaching facility. Mr. Costa responds that a drywell can be proposed to catch the runoff from the showers. Mr. Costa will contact the Board of Health which Agent McManus says that he will confirm as well. Mr. Cook asks if the basement is finished and Harry Capone, the architect, states that the basement is inhabitable and there will be flood vents placed in there. All mechanics will be raised.
Agent McManus states that the applicant has asked for a “Waiver of Requirements” in their narrative and he reads Bylaw section 172-7 A-3 for the record. The agent explains that the applicant is supplying more than the required mitigation including all the turf that is being removed. Agent McManus says the coastal bank is a man-made bank that is non-eroding and does not function as a sediment source but does serve as storm damage protection. The project is enhancing the protection of the resource areas and creating a buffer strip of native plantings.
Motion made, seconded and unanimously carried to Close and Issue
7:09 John & Loren Kovalcik **043-2663** (48 Godfrey Road) Proposed modifications to permitted deck, grading and additional lawn area, permitted pool and the addition of a pool shed - AOC
Resource Area: Buffer Zone to Riverfront /Coastal Bank (Mashpee River)
Material submitted: Plot Plan – Proposed Addictions 4/12/12 BSS Design
[32:30] Karen Curran is the general contractor for the project and is representing for the homeowners. Ms. Curran explains that they would like to amend two items from the previously approved plan; a 56’ foot deck that extended along the back of the property has been removed and instead of replacing it, the owners would like to construct a small balcony off of the patio slider on the first floor and a small set of stairs from the rear of the property. They would also like to change the grade in a small area in the back so that it is all one elevation and then plant the area with grass. The original amendment request included a proposed pool shed but they are removing that portion on the proposal.
Agent McManus states that all the proposed work is within the work limit and the grass seed will be of a conservation mix. The agent mentions that there are two floats that are resting on salt marsh and tethered to trees on the bottom of the bank and he has been informed by Ms. Curran that Little River Boatyard will be in to remove the floats from the area.
Mike Visotto from Bayberry Association would like to confirm that the shed addition is being removed from the proposal.
Motion made, seconded and unanimously carried to Close and Issue the Amended Order
7:12 Mary Zocchi (9 Ockway Bay Road) (ATF) Remove five trees and clearing within the 100’ buffer zone - RDA
Resource Area: Buffer Zone to Coastal Bank (50-100’ Setback)
Material submitted: Existing Conditions 3/5/12 Christopher Costa & Associates
[37:30] Matt Costa from Christopher Costa & Associates is present for the applicant and explains that the owners were overzealous in clearing a future home site. The clearing took place within the 100’ buffer. Mr. Costa explains that they had everything delineated and they are in the process of preparing a NOI for the property for a pier and vista pruning. Agent McManus states that the best approach for the required mitigation for the loss of the pitch pines will be to include the mitigation
in the forthcoming NOI as it would not be beneficial to plant anything now until the vista pruning plan has been submitted. There is no impact to the bank or bordering vegetated wetland as all of the disturbance has taken place outside the 50’ buffer zone.
Motion made, seconded and unanimously carried for a Negative Determination
- Adm. Review 043-2681 – Areas of woodchips and shrubs, hydro seed front lawn and central planting area in front of the house (beach grass). Seal coat existing driveway
Resource Area: Buffer Zone to Inland Bank Leading to Santuit Pond
Material submitted: Proposed Septic System Upgrade Plan - Hand drawn areas of wood chips and shrubs 3/30/12 Owner
William Lento explains that he would like to plant some lawn in the front of the house and he has placed wood chips in specific areas. He would like to place a small flower bed with some beach grass in the middle of the lawn area. Agent McManus informs Mr. Lento of the lawn standards and states that the company that will be doing the seeding will have to provide Concom documentation showing that the seeding meets all qualifications. Agent McManus states that he is concerned with the seal coating for the driveway. He was able to research potential impacts from runoff and found that because there is no significant buffer strip to the resource area there could be potential adverse impacts to groundwater from the chemicals used in the seal coat. The agent reads an article from Environmental Review
Service for the record which describes the effects of the chemicals used in seal coating to nearby resource areas and groundwater quality. The agent states that Mr. Lento should seek alternate methods for driveway repair. Mr. Lento asks if he can patch as there are only two small areas that would require it. Mr. Sweet suggests looking into putting a berm in front of the driveway. Agent McManus states that spot patching the driveway in areas that may need it would be acceptable.
Motion made, seconded and unanimously carried to approve the Administrative Review as proposed excluding seal coating of existing driveway
- Access Road Into South Mashpee Pine Barrens/Tribal Property: Mark Dibb (Civil Engineer for Mashpee Wampanoag Govt. Center project) – Mark Dibb from CNA briefly gives a description of the Government Center project. Holland Mill Road is a dirt road that comes across tribal land and is the existing access way to a parcel owned by the Conservation Commission. They are proposing to create a new access way on Conservation land. There is an existing gate in which keys will be provided to Concom and the Fire Department. The gate will prohibit vehicle traffic from accessing Holland Mill Rd. The new access is not near any wetland resource areas and is strictly to maintain safe access on the roadway. They would like to clear approximately 12’ in width for an access road which involves removing the top soil
down to native soil and replacing with gravel. Chairman Fitzsimmons asks what type of deed is on this Conservation parcel because there could be certain restrictions and Agent McManus states that there are no restrictions on creating access ways. Mr. Sweet asks if he wanted to walk some of the trails on this land, would he park his car in the tribe’s parking lot. Agent McManus mentions that the adjusted access way was proposed by the Town Planner, Tom Fudala. Mr. Dibb states that this proposed access will allow the Fire Department easy access otherwise they would not be able to maneuver their vehicles the way it currently exists. Agent McManus states that the South Mashpee Pine Berrings is a combination of Federal, State and Conservation Lands and including the tribal lands is part of the Mashpee National Wildlife.
Motion made, seconded and unanimously carried to approve the modification to the access as described
- Jim Rassman (WBNERR) - Administrative request to construct temporary walkover structure at South Cape Beach marsh for scientific research access
Reserve researcher Chris Weidman explains that WBNERR is conducting research on the effects of climate change, carbon sequestration and sea level rise on salt marshes. This proposal is for a temporary boardwalk that will allow access to the research areas while minimizing impacts to the salt marsh. Mr. Weidman shows a power point presentation that explains the research study being conducted and how they are currently accessing the sites. Agent McManus asks about the boardwalks and if the general public will be able to access them. Mr. Weidman states that they will put signage at the access ways. He states that the boardwalk will be low enough that it will be well hidden during the growing season. They will most likely have to anchor it due to possible storm tides. The boardwalk will be
approximately 2’ wide but they will make it as open to light penetration as possible. They will be placed in 8’ or 12’ sections and the frames are still be researched at this time. The anchoring systems will need to be at least 3’ to possibly 6’ in some areas. Mr. Allen inquired as to the length of the study and how the commission will stay informed. Mr. Weidman states that they will stay in contact with Concom. Agent McManus asks if an MOU can be drafted to include general protocols for Concom to review and then finalize for signatures. Chairman Fitzsimmons asks if this study is related to the one being done with the University of Dartmouth and Mr. Weidman says that it is not and that it was WBNERR personnel that alerted the commission to the salt marsh alterations resulting from the U-Mass Dartmouth graduate student study.
Motion made, seconded and unanimously carried for a conceptual approval based on the development of a memorandum of understanding between the commission and WBNERR staff.
- Chief Baker: Recap of prescribed burn at S. Mashpee Pine Barrens – Chief Baker is not present to discuss the prescribed burns.
- Catherine Laurent: Informal introduction to upcoming Santuit Pond Dam restoration project – Catherine Laurent is not present to review the restoration project.
- Signage Quotes For Noisy Hole/Besse Bog Signs – Agent McManus explains that there are two existing signs that are in disrepair for Noisy Hole and Besse Bog Conservation Areas. He was referred to Mike Day (Day Signs) from the DPW Director and approached Mr. Day to see if there is a specific material that can be used for signs that is weather resistant and less prone to vandalism. Mr. Day provided a quote for a polycarb-high density thermal plastic material that is environmentally friendly and is good for routing and engraving. It is highly weather resistant and a non-stick, non-absorbent material that is meant to last for decades. Agent McManus recommends this option for both signs due to the fact that they will last longer and be less susceptible to vandalism. Total quoted cost for 2 new
thermoplastic signs including installation was $1,820.00
Motion made, seconded and unanimously carried to approve the purchase of the signs using this thermoplastic material
Motion made, seconded and unanimously carried to adjourn the meeting at 8:31 pm. [1:43:05]
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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