Conservation Commission
Minutes of May 10, 2012
Public Hearings
Mashpee Town Hall - Conference Room 2
Commissioners: Chairman John Fitzsimmons, Vice Chairman Ralph Shaw, Brad Sweet, Mark Gurnee, Patty Jalowy, 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 26, 2012
Motion made, seconded and unanimously carried to approve the minutes of April 26, 2012
- Noisy Hole Cleanup Recap – Approximately 50-60 people volunteered throughout the morning. Cape Cod GeoCaching brought in a front end loader and a bobcat. Local landscape company Ace Arboriculture also had a bobcat with a grappling attachment. The entire cleanup was completed by about 12:30pm and about 50 transfer station vouchers were issued. The large dumpster that was donated by Pina Sanitation was filled to capacity with construction debris and then disposed of at the Bourne Landfill. Many other local businesses donated various items including gloves, trash bags, water and food. Donations came from Walgreens of Mashpee, Dino’s Pizza, Starbucks, Botello Lumber, Roche Bros, Mashpee True Value Hardware, Stop and Shop and Siena Restaurant. The Cape Cod Geocachers offered to volunteer for future
clean-ups if needed. Agent McManus mentions that the local residents of Noisy Hole Rd and the surrounding neighborhood will be very vigilant about any activities that occur in Noisy Hole. Four (4) gates have been purchased to restrict vehicle access to the conservation areas off Noisy Hole Rd. Gates are slated to be installed before the end of May, 2012
HEARINGS
7:00 John Foley (184 Monomoscoy Road) Remove existing deck and replace with a larger deck - RDA **Cont’d to May 24th @ 7:06pm**
Resource Area: LSCSF/ Buffer Zone to Salt Marsh/BVW
Material submitted: Plot Plan – Proposed Deck 3/16/12 BSS Design
[7:15] Jeff Ryther from BSS Design explains that they would like to remove the deck and replace with a larger deck. The expansion is along the back of the house and is not moving closer to the resource area. Agent McManus states that the area for proposed deck expansion is existing lawn and recommends placement of a silt fence along the work limit. The agent also states that he noticed there was evidence of tree topping and it is possible that it took place several years ago but he told Mr. Ryther to inform the owners
that pruning trees for any kind of view requires a permit from the Conscom. Mr. Sweet asks if there will be additional sonotubes placed closer to the resource area to support the deck in its existing footprint. Chairman Fitzsimmons asks if the existing deck was permitted with the cantilevers. Mr. Ryther says that he does not have the plan showing where the new sonotubes are being placed. Agent McManus asks the Commission if it is acceptable to allow a new plan to be submitted showing the new sonotube placement. Chairman Fitzsimmons asks if the existing deck ever came before the Commission. The Chairman would like a continuance so that some background information can be collected to determine if the existing deck is legal or if it is a grandfathered deck and also a new plan submitted showing the placement of the new sonotubes. Mr. Ryther asks what year would be considered “grandfathered” and the agent states that it would have to
be prior to the enactment of the wetlands protection act in order to receive “grandfathered” status.
Motion made, seconded and unanimously carried to continue to May 24, 2012 at 7:06pm
7:03 Michael & Geraldine Saegh (185 Uncle Percys Road) Remove (4) trees and prune (4) trees - RDA
Resource Area: Buffer Zone to Inland Bank/Freshwater Wetland
Material submitted: Mortgage Inspection Sketch 5/2/06 (hand drawn) Owner
[18:55] Michael Saegh explains that there was a dead tree that had fallen across the driveway which caused him to notice other dead trees in the area that are leaning toward the house. Agent McManus states that there are actually eight (8) trees to be pruned and four (4) trees to be removed.
Motion made, seconded and unanimously carried for a Negative Determination
7:06 Mark & Patricia Thompson**043-2695** (40 Little Neck Lane) License and maintain an existing ramp and float off the existing licensed pier - NOI **Cont’d to May 24th @ 7:09pm**
Resource Area: Land Under Ocean, Land Containing Shellfish
Material submitted: Plans Accompanying Petition 4/6/12 BSS Design
[22:45] Jeff Ryther from BSS Design is also representing the home owner on this project. Mr. Ryther explains that the new owners are seeking a Chapter 91 license. He states that the owner receives a bill every year to maintain his 10A float but he realized that the structure attached to the dock is not a 10A float and needs a license. The changes were made by the previous owner. Agent McManus reads the Harbormaster’s comments requiring identification (permit # and home address) to all sections of the pier and dock. The
agent also reads the bylaw; all floatation materials associated with new or upgraded docks shall be encapsulated and of a type approved by the Commission. The agent states that this float is not encapsulated and it needs to be. There is also a jet ski float that is not shown on the plans and not mentioned in the narrative. He recommends a continuance so that a new narrative can be submitted that states the float will be encapsulated and revised plans showing the addition of the jet ski float.
Motion made, seconded and unanimously carried to continue to May 24, 2012 at 7:09pm
7:09 Stratford Pond Condominiums (83 Stratford Ponds Rd) Remove (2) trees and prune (5) trees - RDA **Cont’d to May 24th @ 7:12pm**
Resource Area: Buffer Zone to Inland Bank/Amos Pond
Material submitted:
[37:45] Hearing is continued due to lack of representation.
Motion made, seconded and unanimously carried to continue to May 24, 2012 at 7:12pm
7:12 Donald Shapiro (86 Popponesset Island Road) Remove 12 saplings and renovate/restore lawn in back yard - RDA
Resource Area: Buffer Zone to Coastal Bank
Material submitted: Hand Drawn Sketch 4/30/12 Bush Tree & Landscape
[39:10] Greg Bush from Bush Tree & Landscape is requesting the ability to selectively thin out the group of cedars and junipers in the front yard. Mr. Bush explains that the trees are growing very close together and tree management protocol suggests that they should be thinned so that the remaining trees can fully develop. Mr. Bush also mentions that there is a mature quanson cherry that is not in great shape due to disease. The existing lawn is proposed to be reinvigorated due to
neglect. There is an existing sprinkler system which the owner intends to repair and utilize. Mr. Bush states that conservation lawn standards will be followed for the lawn renovations. Agent McManus reads Mashpee’s standards for lawn renovation for the record and states that the document will be attached to the permit for Mr. Bush. The agent agrees with the assessment of the overcrowding of the trees and states that the area is not mapped as rare species habitat and impacts to wildlife habitat in general are negligible.
Motion made, seconded and unanimously carried for a Negative Determination
- Tidewatch /New Seabury: Coastal Bank Erosion Project (43-2635)
Agent McManus explains that when this project first came before the Commission, it was presented by The Woods Hole Group who is the consulting firm for Bayswater Development. The agent reads the proposal for the record. Chairman Fitzsimmons comments that the purpose of staggering the piles was to allow the sand to filter through onto the beach from above the piles; when they changed the pilings, the method of the beach nourishment was changed. Agent McManus reads the part of the narrative that discusses the performance standards for the record. Chairman Fitzsimmons states that the narrative is very clear as to the placement of the piles and how they would be staggered.
Agent McManus states that Tidewatch has an easement agreement with New Seabury/Bayswater to access the beach which they have had for years. Tidewatch owes approximately 1200 cu. yds. of sand each year as a condition of their permit for revetment wall repairs. Tidewatch is claiming that New Seabury is no longer providing access to them to conduct their beach nourishment but New Seabury is stating that is not true. Town Counsel is recommending both parties to come before the Commission to discuss their issues and try to find a solution. If they cannot work it out then Town Counsel has recommended moving forward with an enforcement order and possibly rescinding the COC that was previously issued. Agent McManus states that Bayswater should come in to explain why the piles were not staggered as they were
originally proposed. Chairman Fitzsimmons suggests that both parties meet on their own before they come before the Commission. Agent McManus will contact both parties to let them know that the Commission has selected June 14th for the hearing date or they can decide to meet prior to that date to solve on their own.
- Mashpee River Dredging- Deposition Of Dredge Spoils On Conservation Lands – Agent McManus spoke to Tom Fudala regarding the proposed lands that Ken Bates (Mashpee Waterways Commission) has requested for usage to dispose of dredge material from the Mashpee River. Mr. Fudala informed the Agent of a Special Town Meeting, December 2, 1985, that addresses the purchase of this specific land; there is a “Self Help Program Agreement” where the state donated $2 million for the purchase of Mashpee River Woodlands (Marsters parcel). Section 4 of the agreement states that land & easements taken for Conservation purposes shall not be used for other purposes or otherwise disposed off except by laws enacted by a 2/3 vote of each branch of the state general court. It states the property or facilities comprised of the project
will not be used for purposes other than what is stipulated unless authorized by the general court, approval of the Secretary of Environmental Affairs and any authorization required by the provisions of Mass General Law Chapter 41 Section 15a. Agent McManus states that approval for this type of request would go beyond Conscom approval and require various state approvals. Section 5 also states that the property that is compromised and used for purposes other than what is described than they shall provide other property and facilities of equal value and utility to be available to the general public for conservation recreational purposes.
- Renee Fudala Certificate of Appreciation Approval – Along with Ms. Fudala’s Certificate of Appreciation, Agent McManus passed around several others for signatures to be issued to the volunteer groups and companies that donated their time and material for the Noisy Hole clean up.
Motion made, seconded and unanimously carried to adjourn the meeting at 8:21 pm. [1:25:52]
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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