Conservation Commission
Minutes of October 11, 2012
Public Hearings
Mashpee Town Hall - Conference Room 2
Commissioners: Chairman John Fitzsimmons, Vice Chairman Ralph Shaw, Brad Sweet, Mark Gurnee and John Rogers
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: August 23, 2012
- Americorps 2012-2013 Update – The new volunteer, Stephanie Grodeska, started October 10th and the Agent showed her some of the conservation areas. The first project will be for the Senior Class Project Day where they will set up a table at the high school to present the Land Steward Project. Mr. Sweet commented that he had received a nice email from Ms. Grodeska and Agent McManus said that she also sent an email to the Enterprise introducing herself. The agent states that she will come to one of the meetings soon to introduce herself to the Commission.
- Mashpee River Dredge Spoils – Monday, October 15th is the meeting with the Town Manager and Town Counsel regarding the proposal to use the Marsters’ parcel (Mashpee River Woodlands) to deposit dredge spoils from the proposed dredging of a portion of the Mashpee River. Agent McManus states that there are restrictions on uses for parcels purchased with state land bank funds and if the conditions are violated; it could compromise future funding from the state.
HEARINGS
6:00 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 from September 27, 2012**
Resource Area: Buffer to Inland Bank, Bordering Land Subject to Flooding, LUW
Material submitted: Site Plan of Land 10/03/12 Stephen Doyle & Associates
[5:10] Jack Vaccaro from Vaccaro Environmental Consulting is representing the project for the applicant and he explains that the foundation of the house is in a state of failure. Mr. Vaccaro states that they are proposing to jack the house up to remove the old foundation and pour in a new foundation. They would like to construct a new retaining wall approximately 50’ long and also install a complete Title 5 septic upgrade, which will replace a cesspool & be located as far back from the
pond as possible. Mr. Vaccaro states that Mr. Bush obtained an Interim Chapter 91 license for the existing dock. Agent McManus asks if the trees tagged with ribbon are being removed even though they are outside the scope of work. Mr. Vaccaro says that there is one tree that is hollowed out and could be hazardous. The agent says that some of the trees are within the first 50 feet of the inland bank which would trigger mitigation. Mr. Vaccaro states that Mr. Bush would like to preserve as many trees as possible but they are concerned about the trees near the driveway as they are not sure how the driveway will affect the roots. Mr. Vaccaro says they are flagged for removal just in case they need to be removed but there is a possibility that they can be saved. Mr. Vaccaro states that the trees by the screen porch are very close to the house and leaning towards the house. Agent McManus asks why the 16” diameter tree is being removed and
Mr. Vaccaro states that it is in the area of excavation. Chairman Fitzsimmons says he is concerned with the amount of trees being removed and Mr. Bush explains that this lot is a well “treed” lot and the ones being removed are due to the proposed excavation work but he says that he is open to compensatory planting. Agent McManus suggests a different type of tag for the questionable trees. Mr. Sweet suggests mitigation for some areas of the property and Mr. Vaccaro says there is an opportunity for additional planting in one small area but because it is such a wooded lot there is not a whole lot of previously disturbed area. Agent McManus says that Mr. Bush could come back with an Administrative request for mitigation plantings. Mr. Gurnee states that he would prefer to see all the trees shown on the plan as twenty trees are a lot and you cannot tell what is going to be left. Agent McManus recommends a site visit rather than showing every
tree on the lot on the plan. Agent McManus says that the Board of Health has commented that they do not have any information on file and the applicant will need to submit paperwork to them. Mr. Sweet suggests continuing to the next meeting so that an onsite visit and revised plans can be submitted. Mr. Vaccaro states that this house has a foundation that needs to be repaired and they are short on time to be able to pour the new foundation. Mr. Vaccaro also states that they will remove only the trees that are necessary but they need to be able to lift the house to get underneath it which will require substantial equipment onto the site. Agent McManus suggests still having a site visit to determine what type of mitigation will be required.
Motion made, seconded and unanimously carried to Close and Issue pending approval from the Board of Health and a site visit by the commission
6:03 John Love (134 Summersea Road) Rebuild stairs, pier and two flotation docks including replacing piles all in the same footprint - RDA
Resource Area: Land Under Ocean. LSCSF, Salt Marsh, Coastal Bank
Material submitted: Plan Accompanying Petition 2/14/92 (Hand drawn) Little River Boat Yard
[33:06] Mark Burtis from Little River Boat Yard is representing the project for the applicant and he explains that they are proposing to remove the stairwell and walkway and replace it in the same footprint. Mr. Burtis states that he will use the same diameter poles in the same place where the existing poles are. The floats will be encapsulated. Agent McManus asks Mr. Burtis if the stairway will be raised and Mr. Burtis states that they will raise it but will need to replant the area underneath to stabilize it. Agent McManus
states that the Harbormaster requires the DEP # and the home address be displayed on all sections of the pier and floats. Mr. Sweet states that the planking should be 1” spacing. Chairman Fitzsimmons says that the plan needs to be revised to show the correct position of the floats.
Motion made, seconded and unanimously carried for a Negative Determination
6:06 Don Barton (236 Monomoscoy Road) Rebuild pier and two flotation docks including replacing piles within the same footprint – RDA
Resource Area: Land Under Ocean, LSCSF, Coastal Bank (Bulkhead)
Material submitted: Plan Accompanying Petition 9/29/66 (Hand drawn) Little River Boat Yard
[42:03] Mark Burtis from Little River Boat Yard is representing the project for the applicant and he explains that it is only the pier, gangway and floatation docks being replaced. Mr. Burtis states that they will be removing the creosote piles and replace with pressure treated piles which will be pile-driven on the end. It will be an aluminum gangway but they can add floats if required. Agent McManus states that the Harbormaster requires the DEP # and the home address be displayed on all sections of the pier and floats. Mr. Burtis
confirms that the floats are encapsulated.
Motion made, seconded and unanimously carried for a Negative Determination
6:09 William O’Brien (14 Magnolia Lane) Remove three (3) dead trees – RDA
Resource Area: Buffer Zone to Inland Bank
Material submitted: Notice of Intent Plan 6/25/10 (Hand drawn) Don Donahue
[46:23] Bill O’Brien explains that there are three dead trees on his property and is requesting permission to remove them. Agent McManus states that there is no issue with the stability of the bank or wildlife habitat as the trees are completely dead. Mr. O’Brien says that he is also asking to remove a 4” cedar tree and re-landscape the area.
Motion made, seconded and unanimously carried for a Negative Determination
6:12 James Hatherley (19 Sand Dollar Lane) Construct a patio in the rear of home with stairs from deck above, retaining wall and stone walkway to driveway - RDA
Resource Area: Buffer Zone to Coastal Bank
Material submitted: Plan of Proposed View Corridor 10/05/2005 (Attachments A, B & C) Sy & Son
[49:18] Sy Zarthar is representing for the applicant and he explains that they are proposing to create a patio in the rear of the house from the basement door. Mr. Zarthar also says that they would like to construct stairs from an existing deck to the new patio and a 16’ long decorative wall which stands about 16” high. Agent McManus says there is a good separation to the saltmarsh and the patio will be pervious using pavers and stone dust.
Motion made, seconded and unanimously carried for a Negative Determination
6:15 Greg Clancy (182 Wheeler Road) Replace existing septic tank with new tank according to code - RDA
Resource Area:
Material submitted: Plan of Septic Upgrade 10/2/12 Owner
[53:05] Greg Clancy states that he is selling his property and the septic tank is over 30 years old which will require a replacement of the tank only because of Board of Health regulations. Agent McManus reads Board of Health comments which state that engineered plans are not required because it is only to replace an existing older tank. Agent McManus informs Mr. Clancy that he will need to install some sort of erosion control for at least the excavation period. Mr. Clancy agrees and says that it is only a one day job.
Motion made, seconded and unanimously carried for a Negative Determination
- Administrative Review: 30 Cove Road; Sandwich, MA – Replace and permit existing dock on Wakeby Pond
Resource Area:
Material submitted: Plan Showing Existing Dock to be Licensed 7/24/12 Shorefront Consulting
Agent McManus explains that Land Under Water associated with Mashpee Lake is Mashpee jurisdiction.
Mark Burgess from Shorefront Consulting represented the applicant and explains that the property is in Sandwich, MA but the lake is in Mashpee. Mr. Burgess states that there is an existing fixed dock that was built in 1964 and the owners would like to replace the dock with something easier to remove and install. Mr. Burgess will be filing a Notice of Intent with Sandwich but wanted to receive Mashpee’s comments and conditions to submit with the NOI. Mr. Burgess states that the shore front currently has old patio pavers that they would like to cleanup and install an elevated structure to re-naturalize the shoreline. The owners are also asking to install a rack made of two posts in the ground to store canoes or kayaks in the summer and the dock sections in the winter. Agent McManus states
that the conditions will most likely mirror Sandwich’s conditions such as a 4’ wide width but Mashpee Harbormaster requires the display of the home address and DEP # on the dock sections.
Motion made, seconded and unanimously carried to the Administrative Approval as proposed
- Independent Consultant Findings: Tidewatch Beach Nourishment – Agent McManus states that he contacted Greg Berman from the Woods Hole Oceanographic Institute / Sea Grant Program which is set up to assist government agencies and municipalities with consulting services. Mr. Burman has done a significant amount of work along this stretch of coast in determining erosion rates and has a great deal of experience with this particular coast line. The agent states that Mr. Berman reported new information regarding the dimensions of the bank which everyone seems to agree on the overall formula but Tidewatch consultant had stated the top of coastal bank to be 22’; Woods Hole Group stated 23.5’ and Mr. Burman reported 22.4’. The Tidewatch consultant had determined the bottom of the coastal bank to be 4’; Woods
Hole determined 0’ and Mr. Berman’s findings were 1.9’. Tidewatch consultants said the height of the coastal bank was 18’; Woods Hole said 23.5’ and Mr. Berman stated 20.5’. The length of the coastal bank was unanimously agreed on 504’. The difference of erosion rates is; Tidewatch reported 1’ per year; Woods Hole Group reported 3’ per year; and Mr. Berman reported 3’ per year. Agent McManus states that based on the calculations for nourishment volume estimated by; Tidewatch was 364 cu.yrds. a year; Woods Hole Group proposed 1,410 cu. yrds. year; and Mr. Berman stated 1,230 cu.yrds per year. The agent has scheduled a sight visit with Mr. Burman next Wednesday, October 17th so that the Commissioners can take a look at the sight first hand and answer any questions. Agent McManus contacted Amy Cohen from the Division of Fisheries and Wildlife because Attorney Fogel had inquired
if there would be any detrimental effects to rare species habitat off the coast and Ms. Cohen indicated the area was mapped as foraging habitat for Piper Plover, Least Terns, Roseate Terns and Common Terns which the addition of sand to the area is determined to be a benefit to the habitat. Mr. Berman’s report stated that due to the lack of profiling over several years, it makes hard to determine the erosion rates and the figure he is coming up with is from the information that was provided to him. Agent McManus states that Mr. Berman’s report is only a preliminary at this point
- Richard Cook Filing – Richard Cook has filed a letter with DEP requesting to reduce the footprint of the aquaculture farm to put it below the threshold of alterations in a velocity zone which triggers an Environmental Notification requirement. Town Counsel stated that in order to be disputed, an amendment will need to be filed by the attorneys for their original dispute with DEP.
- Sub Committee Report – Brad Sweet, Mark Gurnee and Agent McManus met to discuss proposals to update the mitigation regulation. Agent McManus explains that submitted mitigation plans show rows of uniform plants which is more of a generic plan. The agent states that he has contacted Mary LeBlanc from LeBlanc Landscape Design to come to another meeting to help with some ideas for the mitigation regulation.
Agent McManus shows some pictures of the completed Moody Pond Project and comments that they have placed large boulders in place of the concrete piles as one of the piles had been removed and two of the bushes were trampled.
Motion made, seconded and unanimously carried to adjourn the meeting at 7:12 pm. [1:15:48]
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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