Conservation Commission
Minutes of February 14th, 2013
Public Hearings
Mashpee Town Hall - Conference Room 2
Commissioners: Vice Chairman Ralph Shaw, Brad Sweet, Mark Gurnee, Patty Jalowy, Robert Anderson 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 5:55 pm.
There was no public comment.
Pre/Post Hearing Agenda:
- Review of revised plan for Mullen (188 Pimlico Pond Rd: 43-2721)- New plans showing no vista pruning corridor were reviewed and approved by the Commission.
- Funding for 2013 MACC attendance Commissioner Gurnee had inquired about the availability of funds for attending the 2013 Mass Association of Conservation Commissioners Conference on 3/2/13. The Agent informed the commission that funds are available for any commissioner who wishes to attend this event from the Conservation Dept’s revolving account (to be named Professional Development Acct)
- Land Stewardship Updates The Agent updated the Commissioners on the upcoming guest lecture series and Americorp volunteer week (5/20-5/24/13) as well as the Santuit Pond Preserve walk through on 2/23/13
- Enforcement Orders for New Seabury (43-2635) The Agent presented two (2) enforcement orders to the commissioners for final comments. After some feedback regarding wording and content of the enforcement conditions for compliance, the enforcement orders were finalized and signed by the commissioners.
- AFCEE Proposal for Groundwater Wells at FS-1 Cleanup Site The agent presented copies of correspondence from AFCEE (Air Force Center for Environmental Engineering) requesting permission to install two (2) additional groundwater monitoring wells within 100 feet of the Quashnet bogs (K-1/K-2 bog areas). The Agent recommended an administrative approval for the requested work in lieu of formal permitting procedures. The agent informed the commission that this type of approval is typical when it comes to on-going monitoring requests. Commission voted unanimously to approve administrative request.
- US Geological Survey (USGS) The agent presented correspondence from Denis Leblanc and Paul M. Barlow (Hydrologists from the USGS) requesting permission to conduct an in house training course on a portion of the Quashnet River (upstream from Martin Rd locale). The training will involve temporary installation of devices/instrumentation to collect time series data on water temperature, flow and other hydrologic data. The devices will be in place for 2-3 months and will have minimal impact on the stream and associated riparian areas. Collected data will be used for training purposes for students. Commission voted unanimously to approve the administrative request.
- Enforcement Order (29 Frog Pond Close 43-2417) The Agent presented details on an enforcement issue for 29 Frog Pond Close. During a COC inspection of the property, the Agent discovered unauthorized pruning on the associated coastal bank with the property. The Agent informed the commission that this situation will require an Enforcement Order and subsequent submission of a mitigation plan by a registered, professional arborist or ecological restoration specialist. The Agent recommended that the commissioners visit the site to see the unauthorized pruning first hand. The Agent will readdress this enforcement issue at the Feb 28th, 2013 hearing.
HEARINGS
6:00 Erin & Al Gogolin (75 Monahansett Rd) Upgrade septic system to Title V system. Pump, fill and abandon existing cesspool- RDA
Resource Area: Buffer Zone to Freshwater Wetland
Material submitted: Plot Plan - Existing House 1/17/13 BSS Design *Revised 2/19/13*
Jeffrey Rhyther from BSS Design presented the project to the Commission for approval of a Title V septic upgrade at the property. Mr Rhyther presented a revised plan (dated 2/19/13) that showed the leach field moved outside the 100 ft buffer from the wetland line. The request still involves work within the 100 ft buffer for pumping and filling existing cesspool. Mr. Rhyther will submit a revised plan showing the new layout of the leach field.
Motion made, seconded and unanimously carried for a Negative Determination pending receipt of
revised plans.
6:03 Maushop Village Trust **043-2533** (358 Shore Drive West) Revise the time restriction of beach nourishment from April 1st to June 30th AOC
Resource Area: Coastal beach, Coastal Bank, LSCSF Buffer Zone to Land Under Ocean
Material submitted: Beach Nourishment 12/28/2012 BSC Group
Matthew Creighton from BSC Group presented the Amended Order request to the commission. Mr. Creighton requested that the nourishment deadline be extended because of late spring storms that cause erosion to the Maushop beach. The agent asked Mr. Creighton to clarify a time of year restriction stated in a letter from the Army Corp of Engineers (in the original permit) regarding beach nourishment and siltation of the water. Mr Creighton informed the commission that the letter was written to address restriction of nourishment activities below Mean High Water for consideration of winter flounder spawning season. Mr Creighton informed the commission that no nourishment activity would take place below Mean High Water in consideration of compliance with the ACOE letter. The Agent clarified that there are no other
rare species habitat or time of year restriction concerns for the proposed project. Commissioner Gurnee asked for clarification on how the sand is to be deposited onto the beach. Mr. Creighton said the sand will be (and has been) deposited to the beach via a conveyor that will be situated on an abutting property at the top of the coastal bank). A front end loader will use Clamshell drive to access the beach and spread the sand. The agent clarified a concern from the abutter in regards to the usage of Clamshell drive for access. Mr. Creighton informed the commission that the abutter’s concerns were addressed.
Motion made, seconded and unanimously carried for an approval of the Amended Order request.
6:06 Brad Sweet (13 Amy Brown Rd) Remove 3 hazard locust trees and prune some front yard ornamentals - RDA
Resource Area: Buffer Zone to Top of Coastal Bank
Material submitted: Sweet Residence 1/5/06 Jalowy (hand drawn - owner 1/17/13)
Tom Sterych from Quality Tree presented the request to the commission. Mr. Sterych identified 3 locust trees within the buffer to the coastal bank that are a hazardous concern to the property. The agent confirmed the hazardous nature of the trees proposed to be removed. Commissioner Gurnee asked for clarification of the location of the trees to be removed. The agent and Mr. Sterych pointed out the specific location via the plans and photos displayed.
Motion made, seconded and unanimously carried for a Negative Determination
6:09 James Gomes (63 Timberlane Drive) Replace existing wooden dock with an aluminum dock in the same footprint. RDA
Resource Area: Land Under Water, Inland Bank
Material submitted: Interim Approval Plans - Hand drawn 1995 - Submitted By Owner
Mr. Gomes presented the request to the commission. The agent explained that Mr. Gomes’ dock has a Chapter 91 Interim Approval license, thus confirming the dock’s grandfathered status. Commissioner Gurnee asked about a missing piece of the dock based on the photos on display of the existing layout. Mr. Gomes explained that the piece of the old dock went missing in a storm and was never retrieved. Mr. Gomes stated the new aluminum dock will occupy the same footprint of the existing layout shown on the Ch. 91 plan of record and will also allow for more sunlight penetration. The agent informed Mr. Gomes that the Harbor
Master and Concom are requiring all docks to have the property address permanently affixed to the dock as well as any associated permit #. The agent asked for Mr Gomes to contact the Conservation office once the dock is in place to verify the display of the property address.
Motion made, seconded and unanimously carried for a Negative Determination
6:12 Jeffrey & Sheila Eydenberg (16 Squaw’s Ln) Demo/rebuild single family home and new Title V Septic - NOI
Resource Area: LSCSF, Buffer Zone to Coastal Dune
Material submitted: Plan of Existing Conditions 11/26/12 Cape & Islands Engineering / Proposed House Reconstruction 1/23/13 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 tear down the existing home and replace it with a new single family home in the same footprint. There will be some increase in the existing grade and foundation to get the home out of the flood zone A as well as achieve a 5 foot separation from groundwater for the septic installation. There will also be a stone retaining wall (landscape wall) constructed around the home. A drip strip will be installed around the perimeter of the home to handle roof runoff. The agent verified that the driveway will be
a pervious surface. An abutter questioned the height of the retaining wall as he was concerned about runoff being directed towards his property. The consultant assured the abutter that runoff onto his property would not be an issue.
Motion made, seconded and unanimously carried to Close and Issue
6:15 Mark & Sally Goggin (24 Taffrail Way) Install 130 linear feet of timber retaining wall along the edge of lawn - NOI
Resource Area: LSCSF, coastal bank, BVW
Material submitted: Proposed Wooden Retaining Wall 1/25/13 Cape & Islands Engineering
Jack Vacarro is representing the applicant along with John Slavinsky from Cape and Islands Engineering. Mr. Vacarro describes the project. The applicants are proposing to install 155 linear feet of timber retaining wall along the top of the coastal bank for the purposes of protecting their property from further erosion. Mr. Vacarro described the erosion situation at the property and explained that one cedar tree may be adversely affected from the construction and could possibly be removed. Commissioner Gurnee questioned this potential removal and the necessity of this project as it involves armoring a coastal bank. The agent
clarified that this coastal bank does not provide a sediment source for coastal resources such as coastal beach and dune. This coastal bank provides limited protection from storm damage. The agent also clarified the extent and nature of the erosion on this property and why armoring is necessary because of the proximity of the home to the edge of the coastal bank. The agent also clarified the causes of the existing erosion.
Motion made, seconded and carried to Close and Issue. The vote was 5/1 with Mark Gurnee voting against
6:18 Gregory & Elizabeth Stento (155 Popponesset Island Road) 227 Linear feet of timber retaining wall along the edge of lawn - NOI
Resource Area: LSCSF, coastal bank, BVW
Material submitted: Proposed Timber Retaining Wall 1/28/13 Cape & Islands Engineering
Jack Vacarro is representing the applicant along with John Slavinsky from Cape and Islands Engineering. Mr. Vacarro describes the project. The applicants wish to install a timber retaining wall along the top of the existing coastal bank to protect the property from further erosion. The agent clarified the permitting history of the property and recommended approval of the retaining wall to address ongoing erosion issues.
Motion made, seconded and unanimously carried to Close and Issue
6:21 Stuart McLeod (81 Seconsett Point Road) Rebuild damaged/rotting bulkhead wall in the same foot print ***WITHDRAWN – 1/31/13***
(Need to re-hear as Commission did not approve/vote on applicant’s request for withdrawal on January 31, 2013)
The Agent explained to the commission that the request to withdraw this RDA application was not officially recognized by the commissioners at the January 31rst hearing. The Agent requested that the commission take a vote to recognize the withdrawal request.
Motion made, seconded and unanimously carried to withdraw application
Motion made, seconded and unanimously carried to adjourn the meeting at 8:30 pm.
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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