Conservation Commission
Minutes of November 29, 2012
Public Hearings
Mashpee Town Hall - Conference Room 1
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: November 15, 2012
- Jeffrey Cross Memorial Bench – Agent McManus would like to recognize Jeff’s service with a memorial bench but the location has not been decided. Mr. Sweet had previously suggested a New Seabury easement land that is near Jeff’s house which overlooks Spinnaker Cove and an osprey nest. Mr. Sweet states that he spoke to Michael Richardson, Chairman of the Board of Selectmen, who will be meeting with the Executive Committee of the Peninsula Council; the Council is concerned with having too many benches installed for memorial remembrances and they will be working on a policy. Mr. Sweet also recommends a location on the Spit / Save the Bay. The Vice Chairman mentioned the Harry DeRosier parcel. The agent states that he spoke to the Town Manager regarding Ockway Bay/Boat Landing and the
Town Manager said that it would need to be presented to the Board of Selectmen.
- Land Stewardship Updates –
- The Land Steward program will start having a guest lecture series starting in February on Tuesday nights. Three people have been signed up so far; an oyster aquaculture specialist, an arborist/ tree specialist and a renewable energy specialist. It will be advertised in the library and on the website.
- December 10th is a workday at the Mashpee River Woodlands with Americorp & Land Steward volunteers to finish up trail work on the eastern side of the parcel. The meeting place is at the Mashpee River Woodland south parking lot.
- Agent McManus and the Americorp volunteer met with Phyllis Miller from the Barnstable Land Acquisition & Preservation Committee who is working on a land management plan for the Santuit Pond Preserve. The agent updated Ms. Miller regarding the dam repair, Solar Bees and the latest issues with off-road vehicle riding.
HEARINGS
6:00 Aris Pappas (387 Monomoscoy Road) Install a pool & patio, retaining wall & fence, relocate existing mitigation plantings and relocate & maintain a four foot path - RDA
Resource Area: Buffer Zone to Salt Marsh, LUO, LSCSF
Material submitted: Certified Plot Plan 11/13/12 Christopher Costa & Associates
[8:21] Matt Costa from Christopher Costa & Associates is the representative for the applicant. Mr. Costa explains that they are proposing to alter the deck by adding a staircase down to the patio of the proposed pool. The patio is to be extended to underneath the deck area. A portion of the patio under the deck will capture stormwater runoff so they will install a drywell. Mr. Costa states that the plan shows a proposed pool where mitigation plantings from the previous application exist
but they would like to relocate approximately 40 mitigation plantings with an additional 30 plantings that will be dispersed sporadically throughout the buffer zone and resource areas; a portion of that being the coastal bank area. The retaining wall will be approximately 24” high and runs around the pool area and under the deck. The pool will be constructed through access along the sides of the existing lawn areas and there should be no need to go beyond the existing work limit. Mr. Gurnee comments that the proposed pool looks to be within 50’ from the top coastal bank and Agent McManus states the bank does not meet the slope definition. Chairman Fitzsimmons asks where the fire pit will be located and Mr. Costa says that they do not have a definite location at this time but it will be on the patio. The Chairman would like the plan to include the material of the patio and a description of the retaining wall.
Motion made, seconded and carried for a Negative Determination
The vote was 4/1 with Mark Gurnee voting against
6:03 Brighton Holdings **043-2715** (81 Nick Trail) Remove invasive species and revegetation of a degraded area of coastal dune and buffer zone with maintenance in perpetuity - NOI
Resource Area: Coastal Dune, LSCSF
Material submitted: Plan of Invasives & Dune Restoration 11/11/12 Cape & Islands Engineering
[26:58] Tom Bienkiewicz from Environmental Landscape Consultants / Talbot Ecological Land Care is the representative for the applicant. Mr. Bienkiewicz explains the resource areas and states that they are proposing to restore the dune to a natural, properly functioning state. The dune is degraded and dominated by invasive species primarily Rosa Rugosa and Japanese Honey Suckle along with other invasive species. The first phase of the project is the invasive species eradication which they will use several methods that they have used
in the past for coastal dune restorations. They will first use a mechanical method; a rubber track behind skid steer that is very low impact and only displaces minimal weight. Mr. Bienkiewicz states that there is remnant populations of American Beach Grass that are being overcrowded by the invasives and in these more sensitive areas, they will use a cut stem method in which they will hand cut and paint the stump with a 25% solution of triclopyr. Mr. Bienkiewicz states that once the eradication phase is complete, they will start the revegetation which consists of 972 American beach grass, 50 seaside golden rods and 5 bayberries. Mr. Bienkiewicz says that once the project is completed, they will begin their three year maintenance plan.
Motion made, seconded and unanimously carried to Close and Issue
6:06 Patricia Smith**043-2716** (58 Popponesset Island Road) Raze existing dwelling, decks, pool, garage and brick walkways; construct new single family home with detached garage, porch, patio, stone wall, rinse station, stairs, pea-stone parking court and associated utilities & landscaping – NOI
Resource Area: Buffer Zone to Coastal Bank/ LSCSF
Material submitted: Site Plan 11/26/12 Christopher Costa & Associates / Illustrative Site Plan 11/19/12 ISP Patrick Ahearn Architect
[35:35] Matt Costa from Christopher Costa & Associates is the representative for the applicant and explains the resource areas. Mr. Costa states that they are proposing to raze the existing dwelling including the garage, pool and all existing landscaping to replace with a new dwelling, a two-car garage and associated landscaping and grading. There will be retaining wall work where the existing wall is and continuing down the southerly property line and a couple feet off the coastal bank. The proposed structure is not moving any
closer to the resource area than the present structure. Mr. Costa states that they will remove the ornamental plantings on the top of the coastal bank and replace them with a retaining wall and lawn area that will be constructed according to Conservation regulations. A row of mitigation plantings will be placed between the lawn and the resource area. Mr. Costa says they are also proposing to reconstruct some stairs, a portion of the elevated walkway and significant landscape features.
Motion made, seconded and unanimously carried to Close and Issue
- Pinchin/Liatsos- Shore Drive West - storm damage: Agent McManus explains that both property owners have existing beach nourishment permits and although voluntary beach nourishment, there was a lot of damage that occurred from the last storm and it revealed a lot of concrete debris. The permit involves grading of the sand but in order for the machine to access the beach for profiling and grading of the sand, they had to relocate the concrete pieces.
David Pinchin (124 Shore Drive West) explains they lost approximately 8-10 ft from the top of the coastal bank and had to move the concrete debris to fulfill their beach nourishment. Mr. Pinchin would like to work on a more permanent solution for the erosion but in the meantime, temporarily leave the concrete debris where it is until the permanent solution is worked out. Agent McManus states that if they were to put the concrete back to where they were, it would create a hazardous situation and they would also have to move them each time they were to do beach nourishment. The agent explains that Mr. Pinchin and Mr. Liatsos are working with an engineering firm to create a soft solution to deal with the erosion.
Administrative Motion made, seconded and unanimously carried to allow the current configuration of concrete debris to remain on the beach until an engineering solution is provided
- Tidewatch/Bayswater: Continued to January 3rd, 2013 – Agent McManus explains that Greg Berman, Coastal Geologist, who is examining both projects; New Seabury project & the nourishment obligation for Tidewatch; has completed his draft but the agent states that he is awaiting feedback from the Commissioners and that there also was scheduling conflicts with the consultants and legal representation. Vice Chairman Shaw asks when it will become critical and Agent McManus states that it is already critical because of the storm season but he would rather not rush either party and keep things copasetic. Chairman Fitzsimmons asks if it is only a discussion period and the agent states that it should be the final meeting as the Commission should be able to issue its final determination and inform them of any filing requirements based
on Greg Berman’s findings. Mr. Gurnee states there should be weekly photos documented each week as he is noticing the 1” gap between pilings are almost filled with debris; rocks, shells etc.; causing a blockage. Agent McManus says that the spacing should be maintained and kept clear.
- December 27th meeting – The agent will be on vacation during the holiday week and is requesting to cancel the December 27th meeting.
Motion made, seconded and unanimously carried to cancel the December 27, 2012 meeting
- Regulatory Subcommittee (Mitigation Regulation) – Agent McManus is still waiting for feedback from the Commission on the proposed revisions. Mr. Gurnee says it looks good but he would still prefer to meet and discuss each point. December 4th at 2:30 is suggested.
Motion made, seconded and unanimously carried to adjourn the meeting at 7:03 pm. [1:06:33]
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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