Conservation Commission
Minutes of October 25, 2012
Public Hearings
Mashpee Town Hall - Conference Room 1
Commissioners: Vice Chairman Ralph Shaw, Brad Sweet, Mark Gurnee, Patty Jalowy and John Rogers
Staff Present: Drew McManus (Conservation Agent)
Call Meeting To Order: 5:55 pm
The meeting was called to order with a quorum by Vice Chairman Shaw at 6:55 pm.
There was no public comment.
Pre/Post Hearing Agenda:
- Minutes: Approval of the following minutes: September 27, 2012
- Land Stewardship updates – DPW was sent to the Mashpee River Woodlands to complete the trail work. The trails are now clear and have been widened. The agent, Americorp volunteer and a few land stewards assisted in replacing the stop logs at the Herring Run. All of the boards that were in place along concrete have been pulled and replaced with new boards per recommendation from the office of Dam Safety. The agent states that they will be scheduling a trail clearing day in the near future for the east side of Mashpee River Woodlands.
HEARINGS
6:00 Save Poppy Bay (0 Wading Place Road) Modifications to stabilize the coastal dune via a wooden zigzag sand drift fence - AOC **Cont’d to November 15 @ 6:00pm**
Resource Area:
Material submitted: Proposed Barrier Beach Dune Overwash Stabilization (Sand Drift Fence and Revegetation Plan) 3/15/12 BSC Group
[3:00] Matthew Creighton from BSC Group is the representative for Save Poppy Bay and he explains that they are proposing to place a wooden zig-zag sand drift fence at area # 4 along Popponesset Spit. Mr. Creighton mentions that they have placed other sections which are performing very well and have been stabilized with beach grass. A small path was created in area #1 which has kept people out of the dunes which results in less wash-over into the channel. Mr. Creighton says that they would like to do the same thing for area #4 with a slightly different design because it is a lot closer to piper plover habitat. The wooden slats will be alternated on either side to allow approximately 9” of
room between the slats. This area is not being proposed for planting. The area gets washed over with storms and is a high traffic area that does not allow for plover nesting. Agent McManus asks what Fish & Wildlife’s response was to this location. Mr. Creighton states that Scot Melvin from Fish & Wildlife had originally asked for more time to respond because he was looking into different designs. Mr. Melvin had stated to Mr. Creighton that he did not want anything along the front beach of Nantucket Sound because of the birds which Mr. Creighton says they have disputed. Mr. Creighton has not heard anything from Mr. Melvin since then. Vice Chairman Shaw asks Agent McManus if he has heard from Mr. Melvin and the agent states that he has not.
Michael Oleksak, President of Save Poppy Bay comments on the history of the Spit and also thanks the Town for all the assistance and collaboration throughout the years.
Agent McManus says that not receiving any feedback from Natural Heritage would make his recommendation premature for the Commission to issue a decision. Mr. Creighton states that he would like to move forward and receive a decision of determination tonight pending Natural Heritage comment. Agent McManus states that the Commission can render a decision as there is a ten-day appeal period after the issuance of the Order of Conditions and the agent says that he will contact Mass Fish & Wildlife. Vice Chairman Shaw states that a continuance will be for two weeks which will amount to be the same time as the appeal period. Mr. Sweet agrees with the two-week continuance. Mr. Gurnee says that currently it looks like the slat would come right off because they were stapled on and he asks if there is
a better way to fix them. Mr. Creighton states that it is a larger staple that is used but due to the storm surge, the wood broke and people were using them as firewood. They replace the slats as quickly as they can. Mr. Gurnee suggests using screws and Mr. Creighton says that they will call the company that installs them to see if they can do that.
Motion made, seconded and unanimously carried to continue to November 15, 2012 at 6:00pm
6:03 Marian Oost-Lievense (2 Kim Path) Construct a 38’ x 4’ addition and new Title 5 Septic system - RDA **Cont’d to November 15 @ 6:03pm**
Resource Area:
Material submitted: Site Plan 9/13/12 J.E. Landers-Cauley
[18:40] Applicant requested a continuance to November 15, 2012 due to Board of Health requirements.
Motion made, seconded and unanimously carried to continue to November 15, 2012 at 6:03pm
6:06 Town of Mashpee**043-2713** (Santuit Pond Dam) Reconstruct Santuit Pond dam and fish ladder – NOI
Resource Area:
Material submitted: Santuit Pond Dam Rehabilitation 10/10/12 Weston & Sampson
[21.35] Catherine Laurent from Mashpee DPW and Chris Palmer from Weston & Sampson are the representatives for the project. Ms. Laurent explains that they are under orders from the Mass. Office of Dam Safety to rehabilitate the dam because of its poor condition. The funding received for the project will include the reconstruction of the fish ladder. Ms. Laurent states the bid will go out sometime in November or December and then start the construction early spring prior to the herring run.
Mr. Palmer says the goal is to bring the dam into compliance with specific guidelines and also to restore fish passage. The current deficiency of the dam includes erosion of the upstream and downstream slopes, depressed widths, overgrown embankments and crust elevations are variable with variable heights and width. There is a lot of seepage around the existing spillway and subsiding on each side of the spillway. The improvements include re-grading the crest to consistent elevations and widths, grading the upstream and downstream slopes for a consistent inclination, riprap on the upstream slope, installing grass cover and a filter on the downstream slope and replacing the existing spillway with a concrete pool and weir structure that also
functions as a fish ladder. An existing outlet structure is present that was previously used to provide flow to the bogs downstream of the dam; Mr. Palmer states that structure will be removed and a new embankment will be constructed through its footprint. Mr. Palmer explains that they would like to begin construction early next year and that the goal is to restore fish passage by the window of April 1st – June 15th. Agent McManus asks if the fish ladder will be operational after June 15th. Mr. Palmer states that they may have to build the walls and the slab after June 15th but April 1st they would like to install a sea path or place wooden weirs. During construction, the level of water will be lowered and routed through the existing outlet structure and along through the existing ditches and back into the Santuit River. Mr. Palmer explains that there is an existing access road that goes all the
way to the dam site which the contractor will install erosion protection along the roadway so that they can do minor road repairs that will allow equipment access. Mr. Palmer states there will also be a wetland replication area and that they are aware of the need to replicate twice the amount of BVW area that they take. The impact area is 1262 square feet and they will place 2500 back in. Vice President Shaw asks of other approvals that are required and Mr. Palmer states that they have submitted an Army Corps Engineer permit, a Natural Heritage and a 253 Dam Safety Permit. Agent McManus asks if Mr. Palmer will anticipate any significant change to the hydrologic input to the bogs and Mr. Palmer says that they do not as the structure is pervious and the area is fed by groundwater seepage.
Ms. Laurent explains that they will construct a platform area that will allow a person to manipulate the stop log. Mr. Palmer says that they have also asked the Division of Marine Fisheries to provide guidance on how or if they would like a locking mechanism to secure the stop logs. Agent McManus asks who the wetland replication specialist is for this job and Mr. Palmer says that he does not believe one has been selected yet.
Motion made, seconded and unanimously carried to Close and Issue
6:09 Kathleen Impey **043-2712** (90 Captains Row) Construct a new pier, ramp and float and also to replace an existing concrete block wall with a fieldstone wall in the same footprint – NOI **Cont’d to November 15 @ 6:06pm**
Resource Area:
Material submitted: Proposed Pier Ramp & Float 10/17/12 Cape & Islands Engineering
[45:48] Applicant requested a continuance to November 15, 2012.
Motion made, seconded and unanimously carried to continue to November 15, 2012 at 6:06pm
6:12 Ted & Maureen English (3 Ocean Bluff Drive) Remove one cedar tree, remove invasives and install several native plantings – RDA
Resource Area:
Material submitted: General Site Plan 06/10/03 (Hand drawn) Owner
[46:32] Greg Bush from Bush Tree & Landscape Company is representing for the applicant and he explains that behind the house is a large cedar tree that started dying last winter. The applicant would also like to remove some invasive species that are growing at the base of the tree, between the house and the deck and along the side of the house. Agent McManus confirms that the tree is completely dead.
Motion made, seconded and unanimously carried for a Negative Determination
- Ken Bates (Waterways Commission)- Mashpee River Dredge
Agent McManus states they held a meeting attended by Joyce Mason, Town Counsel, Mark Gurnee and Vice Chairman Ralph Shaw to discuss the Waterways Commission’s proposal regarding a selected area for dredge spoils on Conservation land. It has been stated that it will not improve water quality and the only reason that it has been presented so far is to improve navigation. The agent states that according to Chapter 172-1; recreation is one of the values that is protected so this is one of the reasons why the project is within Conscom purview but there is still a lot of information that is required such as the proposed width of the path for the dredge pipe as a well as a general statement of the project purpose. The agent states that Town Counsel has said that the decision of the Conservation Commission
will be the final decision and the applicant would not proceed to the State for approval. Mr. Gurnee says that he had asked for specific information from Mr. Bates such as what his plan was for revegetation if approved. Agent McManus states that a lot of information would be presented in the RFP such as what the exact footprint of the disturbance, what is being cleared and what would be placed back in the area for restoration.
Tom O’Hara, Town Selectman, commented that he agreed with Mr. Gurnee’s plans and that it had made sense in regards with coming up with a plan and also to know if the spoils are safe in this area and what type of revegetation is being proposed. Mr. O’Hara states that the Town is looking to be assured that everyone is on board with the project. Agent McManus says that if the project is to move forward then a Notice of Intent will need to be filed. Mr. Sweet asks the agent if it is possible to draw up a draft to request information that could be provided by Mr. Bates.
Mark Gurnee asks about scheduling subcommittee meetings and Agent McManus says next Thursday.
Ken Bates, Waterways Commission, who just arrived, asks to be heard as he thought his presentation was scheduled at a later time. Mr. Bates briefly explains that they are trying to complete the dredging of the river project by finding a location for the dredge spoils. Mr. Bates states that he had previously left material to show the building of a road around the top of the depression and creating a path down across the firebreak from the depression and down the bank to the river. The dimensions of the path is approximately 20’ wide; the brim around the top of the depression will probably be 12’ wide because they do not need the room for equipment. Mr. Bates states that they are still planning on having two 16” pipes going from the depression back to the water outfall and one pump
pipe going up to the depression. The two outflow pipes will be located on the Mashpee River side of the depression and the pipe from the pump will be extended to the roadway side of the depression. The latest idea from the Barnstable County dredge crew is instead of building the two structures; one on the river side of the marsh grass and one at the base of the embankment; is to bring a barge in that has a pick-crane and then place upon the front of the barge to park outside the marsh grass and then place the other one on the base of the bank which can be used to elevate the pipes that are being used up and over the marsh grass and up the bank. Mr. Bates has finished the RFP but has not sent it out yet as he is waiting for comments from the Conservation Commission to be added to the RFP. Mr. Gurnee states that one of the concerns they have is what will happen to the area when it is done and it should be made part of the RFP. Mr. Bates says that he
would expect that to be a part of the design for the engineer but Mr. Gurnee says there should be some guidance as to whether it will be a grassy field or mature trees. Mr. Sweet suggests reviewing Mr. Bates’ RFP and they will add what they feel needs to be added. Mr. Gurnee asks if the material will need to be capped. Mr. Bates says that his understanding is it does not need to be capped but should be a question for the engineers. Mr. Bates also says that he thought his idea of a meadowland is a great idea and would enhance the wildlife structure in the area. Agent McManus states that a meadowland is a good idea but in a heavily wooded area is difficult to upkeep and maintain as a meadow for years to follow. Ms. Jalowy asks if there are any other municipalities that have done a similar project. Mr. Bates says that he believes they have done it off Cape and possibly the engineer would be able to provide that information. Agent
McManus says that he will forward the RFP so that it could be reviewed and commented on for the next meeting on November 15, 2012.
Agent McManus says that he just remembered that he is on vacation the following Thursday and Friday and would prefer to have the subcommittee meeting on Monday, November 5th At 1:00pm. It would give Mary LeBlanc more time to prepare.
Motion made, seconded and unanimously carried to adjourn the meeting at 8:28 pm. [1:30:06]
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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