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Conservation Commission Minutes 04/26/2012
Conservation Commission

Minutes of April 26, 2012
Public Hearings

Mashpee Town Hall - Conference Room 1

Commissioners:   Chairman John Fitzsimmons, Brad Sweet, Mark Gurnee, Lloyd Allen, and John Rogers

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:  April 12, 2012
Motion made, seconded and unanimously carried to approve the minutes of April 12, 2012,

  • Noisy Hole Cleanup 5-5-12 (10:00am – 2:00 pm) - Gates ordered and will be delivered to DPW on May 19th.  There is to be expected approximately 40 volunteers for the cleanup; some volunteers are part of the Land Steward Program and some others are from a group called GeoCaching who have chosen Noisy Hole for their “Cache In/Trash Out” Event.  This group will be bringing heavy equipment such as Bobcats and possibly a front end loader because there is a lot of construction debris that will require removal by heavy equipment.  There have been a number of donations as well from local businesses including True Value Hardware, Botellos, Stop & Shop, Roche Brothers and Dino’s Pizza.  Dino’s will be offering 50% off of the pizzas for lunch for the volunteers.  Pina Sanitation will be donating a large dumpster.  The volunteers will be given vouchers issued by DPW for free disposal of items that would normally be charged a fee for disposal.
All four gates will be delivered on May 19th to DPW and shortly thereafter, the gates will be installed.  They will essentially block vehicle access from the northern and southern portions of Noisy Hole.

  • Proposed Installation of Wooden Guardrail at Santuit Pond Conservation Area (To Replace Existing Split Rail Fence) – Agent McManus explains that the existing split rail fence is being constantly vandalized and they are seeking an alternative fence.  The DPW Director will be sending a quote for a sturdier guard rail type of fencing.  Another option is boulders in place of the fence.  The area is repeatedly abused with vehicle access.  Mr. Gurnee suggests poles, similar to telephone poles, and place them wide enough to prohibit vehicles from passing.
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HEARINGS

7:00    Richard Cook  **043-2692**  (Popponesset Bay) Create and operate an aquaculture project with maintenance in perpetuity -  NOI  **Cont’d to May 24th @ 7:00pm**
Resource Area: Land Under Ocean
        Material submitted:
        [5:50] The applicant has requested a continuance to May 24, 2012.  
        
Motion made, seconded and unanimously carried to continue to May 24, 2012 at 7:00pm


7:03    James Bertino (37 Pond Circle) Remove two trees and prune two others -  RDA  
Resource Area: 50-100’ Buffer Zone to Johns Pond/Inland Bank
        Material submitted: Plot Plan (hand drawn) 4/6/12 Owner
        [12:10] Dan Harhausen from Double D Tree Service is representing the homeowner and he explains that there are two maple trees that have been dead for approximately two years and are hanging over the house.  The trees are infested with carpenter ants so all wood will be removed from the property.  Agent McManus confirms that the trees are a significant hazard to the house in their current condition.  The other two trees that are being requested for pruning are losing branches in storms and sending debris scattering all over the roof.  

Motion made, seconded and unanimously carried for a Negative Determination


7:06    Steven Croopnick **043-2694**   (2 Waterline Drive North) Remove and relocate existing driveway, redesign existing landscape, two vista windows each with perpetuity -  NOI  
Resource Area: LSCSF, Buffer Zone to Coastal Bank/BVW/Salt Marsh
Material submitted: Plan of Proposed Landscape Improvements 4/4/12 Engineering Works / Buffer Restoration Plan 4/6/12 Vaccaro Environmental Consulting / Landscape Plan 4/20/12 Bush Tree & Landscape
        [12:09] Jack Vaccaro from Vaccaro Consulting is present with Greg Bush from Bush Tree & Landscaping.  Mr. Vaccaro explains that the project involves potential revitalization of the existing landscape and some buffer restoration. The property falls within the 100 year flood zone and is also in an ACEC (Area of Critical Environmental Concern).  Mr. Vaccaro states that they will be removing the existing landscape in front of the house which will be replaced with a new design that Mr. Bush has created.  They will be relocating the driveway to the opposite side of the front yard which will involve removing seven trees to be replaced with an “entry garden”. They would like to plant a row of cedar trees for a privacy screen and remove a lot of invasive shrubs along the edge to be replaced with native vegetation.  Mr. Vaccaro states that there is a need for bank stabilization; there are three saplings that have grown along the wetland boundary at the edge of the salt marsh.  The larger tree is uplifting the bank.  Mr. Vaccaro would like to remove these saplings and replace them with native shrub vegetation that is less top heavy and less susceptible to wind throw.  The owner is also looking to establish two 20’ wide vista windows.  Mr. Vaccaro mentions an existing large vista corridor already established but these two corridors would allow the areas that are currently in that opening to grow back.  Agent McManus states that the vista corridor is mostly comprised of shrubs and saplings with only one mature pitch pine.  The Agent states that the house is close to the BVW and suggests a soft solution like fiber roll and BVW enhancement may be prudent at some point in the future.  Mr. Allen asks if there is something else to be planted besides rosa rugosa since that is an invasive plant.  Mr. Vaccaro says that he can use Carolina rose instead.  Mr. Gurnee states that there is a protocol in the regulations that states there is only one vista corridor allowed per property.  Agent McManus says all existing conditions should be taken into consideration on any given site and there is some flexibility for this application because of the enhancements to the buffer strip.  Mr. Vaccaro also states that that the purpose of proposing two corridors was to avoid cutting additional vegetation that had not been previously pruned.   
        
Motion made, seconded and unanimously carried to Close and Issue with the replacement of Carolina Rose for the Rosa Rugosa


7:09    Patricia Schmitt (37 Seconsett Point Road) Remove & replace existing septic system with a Title V system - RDA  
        Resource Area: LSCSF, Buffer Zone to Coastal Bank
        Material submitted: Site Plan 4/11/12 J.E. Landers-Cauley, P.E. / Proposal of Sewage Disposal System 4/11/12 J.E. Landers-Cauley, P.E.
[30:45] Barbara Frappier with J.E. Landers-Cauley is representing the applicant and explains that this project is a replacement for a failed septic.  The old cesspool system will be pumped and filled with clean sand.  The new system is being placed in the front of the house.  Agent McManus confirms that the new system is 5’ above ground water.  The agent states that the back yard is all turf abutting an armored concrete reinforced coastal bank.  The new system is being placed at the furthest location from the edge of water.  BOH comments state that plans are under review for a conventional Title V system to accommodate a four bedroom dwelling.

Motion made, seconded and unanimously carried for a Negative Determination


7:12    John Belland (44 Barbary Circle) Replace failed septic system with Title V system - RDA  
        Resource Area:
        Material submitted: Sewage System Upgrade Plan 4/7/12 J. Doyle Associates
[35:30] John Doyle from J. Doyle Associates is representing the home owner and explains that he helped prepare the plans for Mr. & Mrs. Belland.  Mr. Doyle states that the recent inspection on the current septic system failed.  The new system will be slightly further from the resource areas.  The existing system’s tank will be removed, back filled and then loam and seed will be applied to the disturbed area.  Agent McManus states that no part of this work will de-stabilize the bank and the removal/excavation is on existing turf.  BOH comments state that plans are under review.

Motion made, seconded and unanimously carried for a Negative Determination


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  • Vote to approve WBNERR MOA for salt marsh access at South Cape Beach – Agent McManus states that WBNERR would like to start soon but there are a few revisions that should be made to the MOA.  One item is that there was not a timeline stated and the agent would like to see a general timeline given for project/research completion.  Agent McManus reads for the record portions of the MOA document which includes the design description and also how WBNERR will provide quarterly updates to the Mashpee Conservation Commission.  The agent added a revision on page 2 regarding the restoration of any adverse impact to the resource areas in accordance to the Mashpee’s wetland bylaws. He also added that notice of removal be given at least one week prior to a large storm event to ensure proper removal and minimization of damage to the salt marsh.  One other suggestion is regarding signage; there is no wording of it in the MOA and the agent states that any kind of signage could possibly attract unwanted publicity.  Agent McManus asks if the Commission would like to take another couple of weeks to review.  Mr. Rogers asks what type of enforcement is in place to pull the boardwalk up in case of a storm.  Agent McManus states that WBNERR and Concom could work together on such an occurrence.   They have always had a great working relation with Waquoit Bay.  Agent McManus will send the revised document to WBNERR and then a finalized document will be sent out to the Commissioners for their signatures.
  • Land Stewardship Program update (mapping, trail work) – Agent McManus shows all of the new features on the Land Steward website and explains a lot of the new features that have been added by Kelsey Boyd, the Americorp volunteer.  Any upcoming events will be reflected in the Google calendar that has been recently added to the website.  There is a list of parcels under the Trail Guide link that will have information like land features, history, trail length and parcel acreage along with directions to that particular trail.  Mr. Sweet mentions a possible volunteer with a bobcat that could assist in clearing paths and Agent McManus says that he would like to speak with the person.  Mr. Gurnee suggests using color codes for trails.  The agent states that June 22 is another Americorp/Land Steward work day at the Mashpee River Woodlands to widen any of the trails that have grown in.  It is mentioned that Kelsey Boyd’s term ends mid-July and a certificate of recognition will be given to her at that time.  Agent McManus would like to form a Stewardship Committee at some point when everything has been mapped and the Land Steward program is running smoothly and self-sustaining; sort of an end goal of the program.  Chairman Fitzsimmons suggests a presentation at the next MACC meeting.
  • Regulatory sub-committee.  The agent proposes wording and formatting changes to existing regulations.  

Chairman Fitzsimmons mentions that he will create a Certificate of Appreciation for Renee Fudala and then send the draft to Agent McManus for review.



Motion made, seconded and unanimously carried to adjourn the meeting at 8:02 pm.  [1:06:03]


Respectfully submitted,


Kris Carpenter
Administrative Secretary

***All material submitted for hearings can be found on Conservation Flash Drive dated 7/1/10***