Conservation Commission
Minutes of August 23, 2012
Public Hearings
Mashpee Town Hall - Conference Room 2
Commissioners: Chairman John Fitzsimmons, Vice Chairman Ralph Shaw, 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: August 9, 2012
- Adm. Review 043-2686: 26 Pembroke Drive – Reevaluate a 6”trench drain and add a surface drainage to a pea stone area
Resource Area:
Material submitted: Dalaklis Residence 8/21/12 Centerline Studios
Jennifer Malila from Centerline Studios is representing for the homeowner and is requesting in lieu of a trench drain across the parking area, they would like to deal with the runoff from the driveway with a surface treatment. Ms. Malila states that they could pitch from the edge of the berm down a couple of inches and since the road has a natural pitch, it would create a crease towards an existing pea-stone overflow area. Agent McManus states the combination of the cobble stones with the pea-stone overflow should be enough to capture the runoff but it can be monitored and if changes need to be made than they can address it.
Motion made, seconded and unanimously carried to approve the Administrative Review for 43-2686
HEARINGS
7:00 Matthew Mase (97 James Circle) Remove one declining tree and trim/prune dead branches from three other trees - RDA
Resource Area: Inland Bank Leading to Johns Pond
Material submitted: Site Plan 8/1/12 (hand drawn) Owner
[5:20] Mathew Mase is requesting the ability to remove one dead tree and trim branches off of three others that overhang the house. Agent McManus confirmed that they are hazardous trees.
Motion made, seconded and unanimously carried for a Negative Determination
7:03 William & Rebecca Power **Bylaw 12-01** (6 Deans Hollow Road) Tear down and rebuild a new three bedroom home with patio, steps, retaining walls, pervious driveway and landscaping - NOI
Resource Area: LSCSF
Material submitted: Proposed Site Plan 8/15/12 Cape & Islands Engineering / Powers Residence 8/16/12 Centerline Studios
[7:38] John Slavinski from Cape & Islands Engineering is representing the homeowner and explains that this project had a new septic system put in but in order to do that, they had to access the area through the neighbors property and Jennifer Malila has submitted the proposed plans to restore the area. Mr. Slavinski also states that the site area is 4’ too low so they are requesting to construct a new house with the same number of bedrooms and same footage. They had to raise the back yard 4’ with a retaining wall where
they installed the septic. Agent McManus states that the Board of Health has approved it and the entire lot is pre-disturbed.
Motion made, seconded and unanimously carried to Close and Issue
7:06 The Trustees of Reservations (South Sandwich Road) Maintain vegetation along “Boat Landing Beach” and “Seasonal Beach” in perpetuity which includes removal of all overhanging shrubs, branches and tree limbs – RDA
Resource Area: Buffer Zone to Land Under Water, LSF
Material submitted:
[13:45] Diane Lang is the representative and explains that the boat landing beach at the Lowell Holly property is inaccessible because of overhanging branches as well as the family beach on the Wakeby side and they would like to prune it back in both areas. Agent McManus states that both sites have mostly bayberry growing out towards the beach. The agent states that the “in perpetuity” part can be incorporated into the Memorandum of Understanding with the Trustees for the Mashpee River Woodlands by adding Lowell Holly to it. Mr. Gurnee asks if the areas will be marked to show how far back the pruning will go. Mr. Sweet suggests the area to be flagged so that the agent can view it before the pruning takes place.
Motion made, seconded and unanimously carried for a Negative Determination
7:09 The Trust of the Cotuit Bay Condo **043-2496** (418 Quinaquisset Avenue) Maintain invasive vegetation with herbicides – AOC
Resource Area: Inland Bank Leading to Santuit River/ Riverfront
Material submitted:
[17:38] Michael DiNoia, Site Manager for Cotuit Bay Condominiums, is the representative and he explains that they have been able to maintain the invasive vines up to this year but it is now overwhelming. Agent McManus states that he did a walk thru and was able to identify areas of vine growth that has taken over. Previous approval was to remove the vines by hand but it is now too much of an ongoing effort. Bartlett Tree will use a DEP approved herbicide that is used to combat invasive species including poison ivy. There will be no broadcast spraying; only pressure hand held pump sprayers. Removing the vines will help restore the understory and tree species which will also help maintain the integrity of the bank.
Motion made, seconded and unanimously carried to Close and Issue the Amended Order
7:12 Stephen Barrow, Trustee **043-2704** (10 Fells Circle) Construct a 6’ x 20’ addition from existing home - NOI
Resource Area: Buffer Zone to Land Under Water (Fells Pond)
Material submitted: Plot Plan Proposed Addition 8/8/12 BSS Design
[23:34] Tom Bunker from BSS Design is the representative and is proposing an addition to the kitchen/dining area and bedroom. Mr. Bunker states that they will have to remove a cedar tree that is close proximity to the house. Agent McManus states that the addition is not really encroaching any closer than the disturbed footprint of the patio and the entire area is pre-disturbed.
Motion made, seconded and unanimously carried to Close and Issue
7:15 Arlene Rand (20 Summersea Raod) Expand house 456 squ. ft. and also to remove six trees that are hazardous to the home - RDA
Resource Area: Buffer Zone to Salt Marsh/Coastal Bank
Material submitted: Plot Plan 8/13/12 (hand drawn) Owner
[27:30] Larry Rand explains that they are proposing an addition to their existing single family home on Ockway Bay and that the area is previously disturbed. They would like to add a graded addition that will extend out 5’ in one area, 8’ in another area and 11’ in another area. A small portion of the addition will be within the 50’ buffer. Mr. Rand states that they will need to remove trees that are mostly dead for these proposed additions and are very close to the house. Agent McManus confirmed that the lot is all landscaped but he informed Mr. Rand that there might be a mitigation requirement because of the encroachment into the 50’ buffer zone although it would
be up to the Commission’s discretion. The agent also mentioned to Mr. Rand that the Harbormaster is requiring identification on all docks.
Motion made, seconded and unanimously carried for a Negative Determination
7:18 Jon & Dianne Chilingerian (77 Horseshoe Bend Way) Install crushed stone or drylaid paver area below deck structure, remove invasive species from the vegetated buffer along property line and replace with native species in specific designated areas. Remove 8” of top soil in proposed planting areas and amend the areas with 8” of compost and planting soil mix. Plant various shrubs and perennials along retaining wall and foundation of house and deck- RDA
Resource Area: Buffer Zone to Land Under Water (Ashumet Pond)
Material submitted: Jon & Diane Chilingerian 8/8/12 Rapoza Landscape
[34:50] Angela Tanner from Rapoza Landscape is the representative and she is proposing new planting beds within the 50-100’ buffer and a possible dry-laid patio. Ms. Tanner says there will also be plantings around the foundation and on the street side. She states that there is an area of existing invasive vegetation at the corner of the retaining wall on the property line and they would like to remove it and replace it with native shrubs.
Motion made, seconded and unanimously carried for a Negative Determination
7:21 Amy Coghlin (56 Spoondrift Way) Remove invasive plants from the coastal bank and plant native grasses along with some mixed evergreens and native ground cover in planting bed areas - RDA
Resource Area: Coastal Bank, Buffer to Salt Marsh, LUO
Material submitted: Hand Drawn 8/13/12 Owner
[39:00] Amy Coghlin explains that there is an area with a lot of invasive plants that they would like to remove and replace with native species. Agent McManus states that Ms. Coghlin is the new homeowner and was unaware that the previous owner had removed some trees from the bank which caused the growth of the invasives. The new plantings are native grasses and will leave the bank less exposed and more stabilized. The agent states that this is an “after-the-fact” filing. Mr. Gurnee asks if there was any kind of enforcement issued to the previous owner and the agent states that they are still trying to follow up.
Motion made, seconded and unanimously carried for a Negative Determination
- Tidewatch/Bayswater Update - Agent McManus states that he included a status report in everyone’s folder as to what Tidewatch is working on for a submittal of beach nourishment. The agent states that he spoke to Town Counsel regarding Tidewatch’s request to review Conservation records of several other Orders of Conditions from Colony Villa, Bayswater, Tidewatch and the Florence property. The agent states that he told their representative, Attorney Fogel that this would be the responsibility of the department to follow up on these Orders and it should not serve as any kind of delay. Agent McManus states that he also consulted with Town Counsel on the spacing of the piles for the Bayswater project and Attorney Costello had suggested that the Commission investigate whether or not the piles are conforming to the plan of
record is a “grey” area as to the interpretation of the pile spacing. The agent would like Kirk from Woods Hole Group speak his side of the story on how they positioned the piles. Coastal Engineering has interpreted one way and Woods Hole Group sticking with their original footprint on the plan. The plan of record states that the piles are to be 2’ on center apart, two staggered rows plus or minus 4”. The part that says that there is a 4” separation of pile rows does not say “on center”.
Kirk Bosma, Coastal Engineer, Woods Hole Group, explains that their intent of the staggered rows of piles was for toe stabilization device for the biodegradable features behind the structure. Mr. Bosma points out the notes on the plan and that they would explain a lot of the features but it is not expected to last more than five years with diligent maintenance is expected. The front piles were to be sure that there would be adequate sand transmission. The way it was originally installed and designed did adequately comply with the plan but since then there have been some modifications that involved 2 x 4’s and filter fabric due to concerned safety precautions. Mr. Bosma states that they have since been removed to return to sand transmission. The intent was to have 4” on center of the
two rows which leads to approximately 1 – 1½” spacing between each pile. Mr. Bosma states that was there when it was originally put in and that is what was there when they asked for compliance. Because of the filter fabric and 2 x 4’s during a couple of storm events, it caused the piles to shift quite a bit to where some were even touching in some places. Mr. Bosma says that there was adequate sand transmission but was causing a safety issue; there was so much sand going through the gaps that people were worried about the cavities that were forming behind the pilings. Mr. Bosma states that the gaps needed to be big enough to allow sand transmission but not too big that it would just be a slower sheet flow so as long as the original design is maintained, it would help sand get through the banks specifically during storm events. That was the original intent and when they had requested the Certificate of Compliance and the agent
came to inspect it; that is what was there but it has been about a year. The filter fabric and 2 x 4’s installed since then has caused the shifting to occur and at that point, that is when it was not what was originally designed. The design functioned fairly well in the first year and because of the filter fabric and 2 x 4’s, it wasn’t really given a chance to see what it’s going to do. Mr. Bosma states that the intent is, over time, that the bank will start to vegetate heavily. Mr. Gurnee asks if there are any plans to actively vegetate it or hope that something grows. Mr. Bosma states it was vegetated and was in the plans to vegetate the outward part of the slope which he says about a 1/3 of the upper part of the bank was vegetated but because of the annual sand supply placed on the lower part of the bank, they could not plant there. They are hoping it will spread enough so that the annual sand supply can be placed in
front on the beach.
Agent McManus states that Tidewatch maintains the project does not comply with the plan of record but he has observed that currently, the project is operating the way it should since the filter fabric and 2 x 4’s have been removed. Chairman Fitzsimmons states that Attorney Fogel is concerned that the entire project is interfering with the beach and that was why he contacted DEP. Agent McManus says that Ms. Coheres told him that she was going to contact Woods Hole Group to speak to them about the project but Mr. Bosma states that she has not contacted them. Agent McManus says that he is unsure where DEP stands on this and he says that he feels as though DEP is placing it back into the Commission’s lap. Mr. Sweet states that there have been issues with the rocks and the agent says that the
plan is a 1”=30’ scale and it shows the rocks come to approximately 90’ plus or minus and that was what he measured. Mr. Sweet asks if anything has been changed and Mr. Osterhoudt states that they have removed the 2 x 4’s and the filter fabric based on the understanding of the Enforcement Order that was going to be issued to be in compliance. Mr. Osterhoudt says the rocks will remain as they were approved according to the plan of record. The Chairman says that he had understood that there was to be some relocation of the rocks and Mr. Osterhoudt states that they were going to move the rocks to respond to Tidewatch concerns. Mr. Osterhoudt asks the Commission to go ahead and issue the Enforcement Order to remove the filter fabric and 2 x 4’s and also state that it was removed and they are now in compliance. Agent McManus states the project is performing as to how it should be as sand is now accreting to the beach. He says the question to ask is; if it is adversely affecting the
resource area values and if it is adhering to the performance standards.
Chairman Fitzsimmons asks if this would be an amended order and the agent says that it would not be; it would be an after-the-fact Enforcement Order. Mr. Gurnee states that the sand profile is not as deep as it shows on the plan and that it shows that the sand is coming right to the top of the piles. Mr. Bosma states that is supposed to look like that after the sand nourishments.
Motion made, seconded and unanimously carried to close and issue an Enforcement Order that acknowledges the removal of the filter fabric and 2 x 4’s and brings the project into compliance
Mr. Osterhoudt asks if they can discuss Tidewatch’s beach nourishment application since it has been approximately three months and they have not produced a plan. Mr. Osterhoudt says that their lack of nourishment has caused loss on his property. Mr. Osterhoudt also states that Tidewatch has been leading the Board to believe that they are working out an easement agreement to provide access to the beach. Mr. Osterhoudt says that they presented Tidewatch with beach access and it was returned and stated unacceptable. Mr. Osterhoudt says that he thinks the Commission should request a second option in the event that Bayswater does not allow Tidewatch onto their property. Agent McManus states that the only recourse would be is to conduct it on their own property. Chairman Fitzsimmons
requests a copy of the current easement agreement and asks what the termination period is. Mr. Osterhoudt states that any time they want access then it would be a new agreement each time as they need to know why they want it and where they are going to go. Mr. Osterhoudt says that Tidewatch signed an executed access agreement which they never acted on last year. Mr. Gurnee asks if Mr. Osterhoudt thinks that they are losing sand because Tidewatch is not nourishing their own property. Mr. Bosma says it’s not that they are losing sand but sand that is normally in the system. Agent McManus states that the information he received shows the direction of the current moves towards the Spit and is not a feeder beach for Bayswater. It would even benefit Bayswater if Tidewatch was to nourish the state or town beach or in front of the golf course. Mr. Bosma states that he assisted with that report of the movement of sand and it shows that there is a reversal
point but granted that a lot heads toward the Spit in Popponesset but where the shoreline ends, there is a reversal point. The chairman asks what the entitlement of Tidewatch is to use the beach in front of Bayswater property and Mr. Osterhoudt states that Tidewatch has an easement to utilize the beach which does not have a termination although the easement allows Bayswater to place restrictions of any kind on it.
Chairman Fitzsimmons states that they will wait for the submittal of the plans from Tidewatch which is due August 31st.
- Proposal for new meeting time – Agent McManus proposes a new meeting time of 6:00pm starting in September.
Motion made, seconded and unanimously carried to approve the new meeting time of 6:00pm
- Noisy Hole gates – All four gates have been installed and DPW put in locks and pines but within the same day, someone with a metal file, cut two pins and removed the locks. Catherine Laurent has agreed to place boulders in these locations. Mr. Lloyd suggests checking into Hadfield Manganise steel for the pins and bolts.
- Richard Cook Aquaculture grant: post superseding onsite – The superseding onsite visit took place yesterday. Agent McManus states that they met first in the main conference room to go over both parties’ views. The agent says that he cited all of the statutes and the reasons why the Commission decided to approve the project and emphasized that it was a perfect candidate for an Order of Conditions. The agent also mentioned that he spoke to other agents in other towns like Wellfleet for example; Wellfleet has permitted all of their aquaculture through RDA’s. Dan Gilmore was the representative that was present and it seems likely that DEP will hand out a Requirement of Environmental Notification Form (ENF) because the structure is in a velocity zone. Mr. Gilmore stated that the ENF is
similar to a Notice of Intent (NOI) so all the information that he had submitted with the NOI can be transferred to the ENF. It is not an expensive or involved process. An ENF only comes in to play when someone complains about the project. The agent states that he brought up the fact that this process has not occurred with any other aquaculture projects and the fact that Dianne Borritos’s report was based on a one day observation. She had also left out observations of any impacts from recreational activities on the Spit for the shore bird habitats. The agent says that there was also a representative from Division of Marine Fisheries on Mr. Cook’s behalf and had re-emphasized that they had gone through the area and it had met all the criteria necessary to establish it as a perfect candidate for a shellfish aquaculture farm. The agent states that they took Mr. Gilmore over to the Tribe’s aquaculture site via a boat that Rick York
provided to view the proceedings before viewing the proposed site by Mr. Cook.
- Establish dates for sub committees/committee status – The agent will send out proposed dates for subcommittee meetings. The agent would like to establish some regulations regarding aquaculture and have them added.
Chairman Fitzsimmons states that this is Lloyd Allen’s last meeting and he would like to express the opinion of the Commission to thank him for his support and his contribution over the years and that he wishes him good luck for what the future may hold.
Motion made, seconded and unanimously carried to adjourn the meeting at 8:26 pm. [1:30:40]
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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