Conservation Commission
Minutes of January 10, 2013
Public Hearings
Mashpee Town Hall - Conference Room 2
Commissioners: Chairman John Fitzsimmons, Vice Chairman Ralph Shaw, Brad Sweet, Mark Gurnee, Patty Jalowy 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: October 25, 2012 & November 29, 2012
- Land Stewardship Updates UPDATE – The trail work of the Mashpee River Woodlands took place and there were 35 hazardous trees removed from the trails along with the widening of the trails. Signage was placed at Mashpee Neck Road that read Conservation Land, No Dumping and No Vehicle Access.
- Regulatory Subcommittee (Mitigation Regulation) UPDATE – The agent is still working on the proposed changes and will have ready by the January 31st meeting.
- Proposed NEC Work on TTOR Property (Old Barnstable Rd) UPDATE –The New England Cottontail work is being proposed on property that is owned by the Trustees Reservation who has entered into a Landowner Agreement with the Federal Fish & Wildlife to conduct New England Cottontail work on that parcel. The agent went on the site visits with Joel Carlson, Northeast Firefighter Management Company and a member of the Trustees Reservation, to ensure that there would be no tree clearing within 100’ of the top of the bank that leads to the Mashpee River. Agent McManus states that there is another parcel owned by the Town that has not been approved by the Board of Selectmen yet; Orenda Wildlife Trust owns the piece of property by Lovell’s Lane.
HEARINGS
6:00 Thomas Analetto (52 Quaker Run Road) Title 5 Septic System with a Singulair 960DN pretreatment unit and associated piping. The existing cesspool will be pumped, filled with clean sand and abandoned - RDA
Resource Area: Buffer Zone to Coastal Bank/BVW (Salt Marsh)
Material submitted: Proposed Septic System Upgrade 12/7/12 Engineering Works
[7:50] Pete McEntee from Engineering Works is representing for the homeowner. Mr. McEntee states that the present cesspool system is overflowing and is within 45’ of the wetland resource area. Agent McManus asks if the work limit will have any silt fencing and Mr. McEntee states that the area is pretty flat. Agent McManus reads the Board of Health comments for the record.
Motion made, seconded and unanimously carried for a Negative Determination
6:03 Richard Moore (21 Hamblin Road) Prune branches overhanging road, driveway, house and yard. Remove one pine tree encroaching the existing dwelling - RDA
Resource Area: LSCSF, Buffer Zone to LUO, Salt Marsh/BVW
Material submitted: Topographics 12/14/12 Owner
[11:44] Richard Moore is requesting the ability to do some maintenance pruning; deadwood branches overhanging cars in the road, driveway, house and yard. Mr. Moore states that there is one pine tree in the southwest corner of the property that they would like to remove because it has grown over the house and is possibly damaged. Mr. Moore also asks if they can remove live and dead branches over hanging the roof of the house.
Motion made, seconded and unanimously carried for a Negative Determination
6:06 Donald & Teresa White **043-2720** (23 Waterline Drive North) Remove sixteen oak and pine trees from the site, install 1160 square feet of lawn within a previously cleared and mulched area - NOI
Resource Area: LSCSF, Buffer to BVW and LUO
Material submitted: Buffer Strip Restoration 1/8/13 Vaccaro Environmental Consulting / Proposed Landscape 12/12/12 BSS Design
[14:30] Jack Vaccaro from Vaccaro Environmental Consulting is representing the applicant. Mr. Vaccaro explains that the owner would like to remove sixteen trees on their property, two additional trees on the neighbor’s property and one tree that is on the property line. Mr. Vaccaro states that seven of the trees on Mr. White’s property are dead or dying; five of which have beetle damage. Two oak trees (4” & 6”) are close to the sandbox in the back yard which Bartlett Tree had said are beyond saving and should be removed. Mr. Vaccaro explains that the remaining trees are mostly a nuisance being very close to the house with falling debris into the gutters, roof
and deck. Agent McManus states that he is concerned with the amount of trees being removed. The agent agrees that the pitch pines are hazardous but does not feel the other trees are justified for removal. Mr. Vaccaro states that the previous permitted work limits have been honored and besides the tree removal, the owner is requesting an area of fescue lawn and also to establish a natural border of blueberry shrubs in an existing cleared area. Mr. Vaccaro asks to be able to remove the ones closest to the house and prune the others. Mr. Gurnee comments about the trees on the neighbor’s property. Agent McManus reads a letter from the neighbor for the record that shows full support of the removal of all trees. Mr. Sweet comments that the letters; both from the neighbor and a letter from Bartlett Tree were emailed and not “hand-signed”. Agent McManus states that the trees on the property line are outside the 50’ buffer
but the oak trees are within the 50’ buffer which is what concerns him about the tree removal. Mr. Vaccaro asks for a continuance so that he could revise the plans to identify the trees for removal and point out the ones that will instead be pruned. Mr. Vaccaro also says that he will get the letters from the neighbor and Bartlett Tree signed.
Motion made, seconded and unanimously carried to continue to January 31, 2013 at 6:03pm
6:09 John Walkinshaw (86 Lakewood Drive) Remove dead/dying beech tree over the house and remove one oak tree leaning over shed - RDA
Resource Area: Buffer Zone to Inland Bank (Leading to Mashpee/Wakeby Pond)
Material submitted: Walkinshaw Residence 11/29/12 Casey Landscape
[26:40] Matthew Foley from Casey Landscape and Agriculture is representing for the applicant and is requesting permission for the removal of a beech tree and an oak tree that is leaning over the shed. The beech tree is infected with a fungal disease. Mr. Foley states the other part of this RDA request is to be able to remove some of the evergreens on the side of the property and replant with spruce and cedar along with some native low berry bush.
Motion made, seconded and unanimously carried for a Negative Determination
6:12 Donald Sloan & David Chase (84 Captains Row) Pump and fill an existing cesspool. Install new Title V septic system - RDA
Resource Area: Buffer Zone to Coastal Beach, LSCSF
Material submitted: Proposed Sewage Disposal System 12/17/13 Cape & Islands Engineering
[30:25] Jack Vaccaro from Vaccaro Environmental Consulting is representing the applicant for John Slavinski from Cape & Islands Engineering. Mr. Vaccaro explains that they are proposing to replace a failing cesspool system. The new system will lead to a soil absorption system farther back from Shoestring Bay than the existing cesspool. Agent McManus states it is being situated in a lawn area. The agent reads the Board of Health’s comments which state the plans submitted were approved.
Motion made, seconded and unanimously carried for a Negative Determination
6:15 Michael & Helen Sharp **043-2719** (55 Shoestring Bay Road) Construct larger deck across back of house and construct a small garage toward front of house. Remove two yew shrubs and one spruce tree - NOI
Resource Area: Top of Coastal Bank/ Buffer Zone to Coastal Bank
Material submitted: Plot Plan – Proposed Addition 12/17/12 BSS Design
[32:32] Tom Bunker from BSS Design is representing for the home owner and explains the resource areas. Mr. Bunker states that the back of the house is all existing lawn area and the deck expansion will not harm any vegetation except for a couple of ornamental shrubs. The proposed garage is for a golf cart and will only need to require the removal of one spruce tree. Agent McManus asks if there is a plan to capture the runoff from the golf cart garage and Mr. Bunker says that they can place one drywell in the back and will submit a revised plan.
Motion made, seconded and unanimously carried to Close and Issue pending the submittal of a revised plan
- New Seabury/Tidewatch ****Continued to January 31, 2013****
- Vacant Full Time Commissioner – Bob Anderson has submitted a letter to the Commission requesting a full time position on the Conservation Board. Mr. Anderson was an Associate Commissioner two years ago. Agent McManus states that if approved, the next step is to forward the request to the Board of Selectmen to approve at their next meeting.
Motion made, seconded and unanimously carried to approve the application from Mr. Anderson for a full time position on the Conservation Commission Board.
- Richard Cook/BOS Court Decision – The abutters have gone to court with the Board of Selectmen regarding their decision to approve the aquaculture permit. The judge did uphold the Selectmen’s approval. Agent McManus states that he believes it will be finalized in August and that it does bode well for Conservation but it is within the abutter’s right to appeal. The agent says that at the pre-trial meeting with DEP at the Southeast Regional Headquarters, Mr. Cook had expressed that he may file for an Environmental Notification Form (ENF).
- Jeff Cross Memorial Bench/ Certificate of Recognition – Draft copies of a Certificate of Recognition for Jeffrey Cross and Lloyd Allen are presented and once approved will be printed and framed. Price quotes for a memorial bench for Jeffrey Cross are also available. Agent McManus states that he spoke with the Town Manager regarding the Ockway Bay public landing ramp as a suitable location for the bench since it looks out over New Seabury.
Agent McManus requests a roll call vote to add an update of gate installations to the agenda. All Board members present vote unanimously to add the update of gate installations as a Post Agenda item.
Agent McManus states that all the posts are up at all four locations and knox boxes will need to be ordered to hold the keys for the Fire Department and the Mass Military Reservation. The Mass Military Reservation will need a key to be able to access the John’s Pond Treatment Plant. The agent says that he is expecting a lot of feedback from the residents but he did notify DCR, Orenda and Tom Eagle from US Fish & Wildlife. After all the gates are installed, they will plan on a cleanup date; most likely in the spring after the all the snow and ice are gone. The Refuge partners and Land Steward members are willing to participate in the cleanup. The trash is more widespread and not in a concentrated area like Noisy Hole. Agent McManus says that he has had a lot of positive feedback
regarding the Noisy Hole area and how it is a more enjoyable and clean parcel since the gates were installed.
- Vacation (1/17-1/25) – The agent will be on vacation from January 17th through January 25th.
Motion made, seconded and unanimously carried to adjourn the meeting at 6:57 pm. [1:03:15]
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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