Conservation Commission
Minutes of September 27, 2012
Public Hearings
Mashpee Town Hall - Conference Room 1
Commissioners: Chairman John Fitzsimmons, Vice Chairman Ralph Shaw, Brad Sweet, Mark Gurnee, Patty Jalowy
Staff Present: Drew McManus (Conservation Agent) and Kris Carpenter (Administrative Secretary)
Call Meeting To Order: 5:55 pm
The meeting was called to order with a quorum by Chairman Fitzsimmons at 5:55 pm.
There was no public comment.
Pre/Post Hearing Agenda:
- Minutes: Approval of the following minutes: N/A
- Americorp Service Week Update – Agent McManus states that he had applied for their week long volunteer service. He met with representatives from Americorp, Catherine Laurent, Rick York and some members of US Fish & Wildlife Service to go over project ideas for the week that the volunteers will be here; construction of kiosks at various locations, trail work, parcel cleanup, planting of pollinator gardens and entryways to some of the parcels. The agent also states maybe some stormwater runoff projects. Rick York will use the volunteers as well for his shellfish propagation program. Agent McManus states that there will be approximately 30 volunteers for an entire week sometime in May. Americorp is applying for a grant fund for supplies for the volunteers.
- Santuit Pond – Agent McManus met with the project engineers, representatives from the NRCS (Natural Resource Conservation Service) who supplied the town with grant money to rebuild the dam and the agent states that everything is agreed upon as far as the engineering design and should be coming before the Commission for permitting.
- Vacant Full Time Conservation Commission Board Position – Agent McManus states that Lloyd Allen has retired and he would like to give him a Recognition Certificate for his time served. There is a position open now for full time & part time members.
HEARINGS
6:00 Save Poppy Bay (0 Wading Place Road) Modifications to stabilize the coastal dune via a wooden zigzag sand drift fence - AOC **Continued to 10/25/12 @ 6:00pm**
Resource Area:
Material submitted:
[4:41] The applicant has requested a continuance to October 25, 2012.
Motion made, seconded and unanimously carried to continue to October 25, 2012 at 6:00pm
6:03 MC Development (76 Triton Way) Install a Title 5 septic system including a new 1500 gallon tank and leaching field - RDA
Resource Area:
Material submitted: Plot Plan 8/16/12 Falmouth Engineering
[5:15] Michael Borselli from Falmouth Engineering is presenting for the applicant and explains that the new owner would like to upgrade the non-conforming septic system that currently exists between the house and the cul-de-sac of Triton Way. Portions of the septic system are in the road so the owners have taken steps to design a fix to the system that would put it entirely on their property. Mr. Borselli states that they have received the required variances from the Board of Health because of the tight quarters of the lot. Agent McManus
asks Mr. Borselli if they will revegetate any disturbances as necessary to restabilize the site. Chairman Fitzsimmons asks if they will be filling in the old leaching pits and Mr. Borselli says that the new developer has contacted the Peninsula Council to let them know that they will be pumping the area dry, filling and abandoning them in place. Chairman Fitzsimmons asks if they have permission to do that and Mr. Borselli has stated that MC Development does have permission through the Peninsula Council.
Motion made, seconded and unanimously carried for a Negative Determination
6:06 Greg Bush **043-2711** (55 Santuit Lane) Repair existing foundation, license/permit existing dock and a Title 5 septic system including pumping existing cesspool, filling with sand and abandoning – NOI **Continued to 10/11/12 @ 6:00pm**
Resource Area:
Material submitted:
[12:52] The applicant has requested a continuance to October 11, 2012.
Motion made, seconded and unanimously carried to continue to October 11, 2012 at 6:00pm
- Moody Pond Project –Grafton Pocknett Rd, pitches down towards the entrance to the pond and all the runoff has actually created a beach. Agent McManus had applied for a $4000 grant funding from Cape Cod Cooperative Extension that would allow DPW to regrade the road, install boulders and plantings across the entry way and provide for a small pariking area across the street. The road is now leveled out and pitching towards the left which allows the runoff to plane out and the excess will run off towards the woods.
- Illegal Dumping / Enforcement – Agent McManus had a meeting with the Town Manager, Chief of Police, the Deputy of the Fire Department and also a representative from US Fish & Wildlife Law Enforcement about what to do for John’s Pond because it is receiving more trash since Noisy Hole has been gated off. This week there was a pile of asphalt tiles on fire in one of the sand pits. Agent McManus suggested at the meeting to purchase gates for four access areas instead of increasing patrols and logging timelines. The agent states that it will be a contentious issue with the public as they are used to driving through this area as a short cut. DPW will be acquiring price quotes for the gates. One area will require a gate further into the parcel because of a parking lot that had been
created and to which the agent says that since the parcel is heavily used; accommodations for parking should be considered. Mr. Sweet asks about cameras at the locations and the agent says that cameras at Johns Pond would most likely create repeated attempts to steal or vandalize the cameras but cameras with the gates should be considered.
Mr. Gurnee requests a roll call vote to add a discussion of recent observant of Falmouth Conservation operations to the agenda. All Board members present vote unanimously to add Falmouth Conservation operations as a Post Agenda item.
Mr. Gurnee states that he was able to attend a Conservation meeting in Falmouth and says that there are two things that struck him as different and might be worth discussing. Mr. Gurnee states the first thing is that Falmouth reviews and approves Orders of Conditions as a committee and they do it at a meeting after the NOI meeting. Mr. Gurnee says that they don’t actually review the Conditions but more of a legal issue because the applicant can receive input from their attorney. Agent McManus asks what they actually discuss when approving the Orders and Mr. Gurnee states that it is actually the administrator that does most of the leg work; going to the site and writing the Order of Conditions and there is usually not much of a discussion.
Mr. Gurnee says that the second item is that Falmouth assigns one Commissioner for every NOI and that selected Commissioner will do the site visits at his convenience.
Chairman Fitzsimmons states that he has watched a number of the Falmouth meetings and he states that the issue with the first process is after the first meeting where it was discussed; two weeks later they present it again and there is no one there for any comments or clarification if any of the Commissioners had questions. The chairman also says that he never saw any legal issues brought up. Mr. Gurnee states that when they bring up the review of the Conditions there are never issues. Agent McManus states that hearing the Conditions two weeks later cuts it close as regulations state Orders must be issued within 21 days of being presented and if there are any issues that arise and it passes the 21 day period then all authority is lost. Mr. Sweet states that he likes the idea of the second item.
Mr. Gurnee states that it is not necessary to go with the agent for site visits.
Motion made, seconded and unanimously carried to adjourn the meeting at 6:33 pm. [37:42]
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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