Conservation Commission
Minutes of July 26, 2012
Public Hearings
Mashpee Town Hall - Conference Room 1
Commissioners: Chairman John Fitzsimmons, Vice Chairman Ralph Shaw, Brad Sweet and Patty Jalowy
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: July 12, 2012
Motion made, seconded and unanimously carried to approve the minutes of July 12, 2012
- Richard Cook SOC Appeal – Attorney Wall’s office has submitted an appeal for a Superseding Order request to DEP for Richard Cook’s Aquaculture project. DEP has set up a date for August 22 at 9:30am at Town Hall in conference room 1. They would like to meet first to go over all questions and comments and then see if they can accommodate a trip or boat trip to the Spit to examine the grant area.
- Solarbee update- Santuit Pond – The representatives from the Solarbee Company came to evaluate the progress of the units on Santuit Pond. Rick York, Shellfish Constable, reported that the water quality is much better for this time of year than last year. Agent McManus states that the microalgae count is down although it is still high for a lake but compared to last year, it is a noticeable improvement. There is also a growth in macro algae that grows on the bottom and means that there is some sunlight penetrating through. The agent says that the improvement can be attributed to the Solarbee units. The Solarbee Company recommended no additional units at this time.
HEARINGS
7:00 David Titelbaum (38 Waterway) Trim large branches hanging over house, remove large crabapple tree abutting house, trim/remove small trees growing over deck and remove scrub oak and hemlock trees along top of bank - RDA
Resource Area: LSCSF, Coastal Bank, Buffer Zone to BVW, Salt Marsh, LUO
Material submitted: Plot Plan with Narrative 7/9/12 Owner
[5:05] David Titelbaum explains that there are a number of trees encroaching on the structure. Mr. Titelbaum references the documentation that he submitted and that it will show the four areas of concern. Agent McManus asks if area (3) was only pruning as it wasn’t tagged for removal and Mr. Titelbaum confirms that he had not tagged anything in that spot because it was mostly a scraggly mess but he had submitted a photo. Agent McManus also asks about area (4) and what the purpose of removing those trees as they do not pose a hazard to the house. Mr. Titelbaum states that there is a scrub oak growing next to the dock and two hemlock’s to the right that stand out and is a counter
distinction to the rest of the view-way. The agent states that removal of trees on a coastal bank would require a demonstrated compelling need, if not, than it is not recommended The agent does not recommend the removal of the trees in area (4) because the root systems are helping to stabilize the bank. Mr. Titelbaum asks about the scrub oak next to the ramp and the agent states that unless it is causing a nuisance than there is no reason to remove it although he would recommend approval to trim or prune that tree. Mr. Titelbaum asks if areas 1-3 are being approved and Agent McManus confirm but he states that he would like to see the trees clearly flagged before removal.
Motion made, seconded and unanimously carried for a Negative Determination excluding the removal of the trees in area (4)
7:03 John & Loren Kovalcik (48 Godfrey Road) Rebuild existing permitted dock in the same footprint - RDA ***WITHDRAWN WITHOUT PREJUDICE ON BEHALF OF APPLICANT***
Resource Area:
Material submitted:
[15:37] Applicant has requested the withdrawal of the application.
Motion made, seconded and unanimously carried to accept the withdrawal as requested
7:06 Mark & Ellen Koretz (13 Broomstick Way) Remove five pitch pine trees – RDA ***After the Fact filing***
Resource Area: Inland Bank
Material submitted: Plot Plan of Land 1/30/12 Cape & Islands Engineering
[16:02] Jean Bowden from Capizzi Home Improvements is representing for the homeowner. Agent McManus states that the owner removed five pitch pines from the property without realizing that he was within Conservation jurisdiction as the trees were located a good distance away from the wetlands. The agent inspected the stumps of the trees and verified that they were infested with bark beetle.
Motion made, seconded and unanimously carried for a Negative Determination
7:09 David & Karen Cofran (4 Brookside Circle) Landscape back yard; create lawn area, prune two oak trees, relocate two blueberry shrubs and remove one fir tree – RDA
Resource Area: Coastal Bank, LSCSF
Material submitted: Plot Plan of Land 6/11/98 (hand drawn 7/16/12) Owner
[21:15] David Cofran explains that they would like to put a strip of grass approximately 25’ along the side and back of house and relocate some blueberry bushes by pushing them back a little bit. Mr. Corfran also states that there are two oak trees that are encroaching on the house and they would like to prune the branches along with removing a small fir tree. Agent McManus states that they will need to adhere to the lawn standards containing a conservation seed mix.
Motion made, seconded and unanimously carried for a Negative Determination
- Tidewatch/Bayswater – Agent McManus asks Mr. Colasuonno for an update. Mr. Colasuonno, Project Manager for Bayswater Development/New Seabury, explains that they were prepared to move forward with everything that was agreed upon at the last meeting pending the time issue but this week Tidewatch has brought up a couple more issues. Agent McManus states that he received an email from Barry Fogel which says that the residents of Tidewatch are directing him to request the removal of the boulders from the beach. The agent reviewed the original Order of Conditions and it shows the boulders in the exact footprint that they are currently in. It was approved by DEP as a soft solution and it was approved by the Conservation Commission. Tidewatch never participated in the appeal period that followed the issuance of the Order of
Conditions. The agent states that Tidewatch had submitted photos showing excavated areas of the bank without any boulders but he was personally out at the site and saw the boulders himself. The agent says that they have documented pictures showing the boulders. Tidewatch’s latest demands has derailed the entire process of reaching some kind of agreement so now the agent’s recommendation is to send out concurrent enforcement orders; New Seabury is to remove the filter fabric and the 2 x 4’s; Tidewatch will need to start their nourishment immediately considering access agreements and when they can get equipment on to the beach to do the grading. Agent McManus recommends that the Commission focus on only the violations of the Order of Conditions being which is the filter fabric and 2 x 4’s and Tidewatch’s “non” nourishment for the past 10-12 years.
Agent McManus spoke to Steve McKenna from Coastal Zone Management and gave him the scenario specifics. Mr. McKenna’s response was that he did not see any purpose in continuing to nourish the lower half of the seawall and to seek out a “feeder” beach to nourish which in turn would feed other beaches down coast. Agent McManus states that he is not sure if the Commission has the authority to tell an applicant under an existing permit that they have to transfer the nourishment to another location but he will consult with Town Counsel on the subject. If not, then Tidewatch will be responsible for putting down nourishment on their own property as per their Order of Conditions. The other option is to require Tidewatch to hire an outside consultant to examine the seawall and find out if
nourishment is still warranted or beneficial to the seawall or if it needs to go elsewhere. Agent McManus states that they should check into Colony Villas nourishment obligation because the wall extends in front of their property as well. The agent will also check with Town Counsel to see how Tidewatch can be approached to try to get them caught up on their beach nourishment while maintaining beach nourishment moving forward. The best solution would be to contribute their beach nourishment to an existing beach to serve the best purpose. Agent McManus states that Tidewatch had said they have conducted previous beach nourishment activities but he will only go by what is on file with Conscom which there has been no profile information provided since 1998.
Chairman Fitzsimmons asks Mr. Colasuonno where the rocks were to be placed that was agreed upon on the last meeting and Mr. Colasuonno states that they were going to keep 65’ of the existing rock and place the remainder on the eastern end of the wall in the corner but now Tidewatch is not agreeing with that and would like all of the boulders removed. Agent McManus states that the appeal period came and went so Tidewatch can battle it in a different form as everything was legally permitted except the filter fabric and 2 x 4’s which is currently be corrected. The agent asks the Commission if they would like to make a ruling now on whether or not Tidewatch should hire an outside consultant or wait until he can consult with Town Counsel. Mr. Sweet asks if it’s possible to reverse the erosion
if sand is placed over the wall and the agent states that according to CZM, it is too late as the beach profile is gone. Chairman Fitzsimmons asks Mr. Colasuonno where his nourishment was placed this year and Mr. Colasuonno states that it was placed on both the land side of the wall and the water side of the wall but he says that the water side was gone in three days.
Mr. Sweet asks what will happen if enforcement orders are not acted on and the agent states that enforcement orders will have a stipulated timeline and if it is not met then fines become a possibility.
Motion made, seconded and unanimously carried to adjourn the meeting at 7:36 pm. [42:30]
Respectfully submitted,
Kris Carpenter
Administrative Secretary
***All material submitted for hearings can be found on Conservation Meeting Folder (Y:\Conscom Meetings)***
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