Conservation Commission
Minutes of March 14, 2013
Public Hearings
Mashpee Town Hall - Conference Room 2
Commissioners: Mark Gurnee, Patty Jalowy, Bob Anderson, John Rogers and Steve Cook
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 Commissioner Mark Gurnee at 5:55 pm.
There was no public comment.
Pre/Post Hearing Agenda:
- Minutes: Approval of the following minutes: February 14, 2013
- Land Stewardship updates (Americorps Week) – The areas have been selected for the pollinator gardens as part of the Americorp week although approval from the Board of Selectmen is still necessary for the community garden parcel on Route 130. Other areas include; Pickerel Cove parking lot, a section of a 2-acre field further into the parcel and an area at the entrance of Jehu Pond. Catherine Laurent will try to get the parking lot of Jehu Pond re-graded for Americorp week. Americorp week is May 20-25 and will involve up to 30 Americorp volunteers plus any volunteers that can be recruited. They will construct 7 kiosks, 9 pollinator gardens, a new trail at the Pickerel Cove Conservation area and a large clean-up of the Johns Pond Conservation area. The clean-up of Johns Pond will be on the 25th and later in the day, there will be a cookout planned to celebrate the end of the Americorp week.
- NEC Habitat Work (Town, Orenda, TTOR) – New England Cottontail work is taking place at the Trustees of Reservation parcel which spans between Meeting House Road and Old Barnstable Road. There is also habitat management work taking place on the Orenda and town parcel off of Lovell’s Lane.
 HEARINGS
6:00 Jonathan Yohannan (304 Redbrook Road) To install a (previously permitted) 4’ wide pathway with native fieldstone stepping stones, install a dry laid fieldstone patio, raise the grade at three sets of wooden steps, widen two sets of existing steps from 4’ to 6’ wide and to maintain a small area of the NVBS by mowing one or two times a year; included is mitigation for mowing - RDA
Resource Area: Buffer Zone to BVW/Freshwater Wetland/ACEC
Material submitted: Landscape Improvements 2/21/13 Mary L. LeBlanc
[4:45] Mary LeBlanc from Mary LeBlanc Planting Design explains that there is an existing OOC on the project with plantings on the plan that were not completed. Ms. LeBlanc states that the owner is ready to do a planting plan which will involve all native plantings. Ms. LeBlanc also states that the owner did not complete the turnaround driveway so they are proposing now. The walkways were not completed which they would also like to create. Ms. LeBlanc would like to raise the grade in some small areas. The existing stairs are 4’ wide with hand rails and Ms. LeBlanc explains that they would like to widen them to 6’. Ms. LeBlanc says the last item on the application is a
proposed area of vegetative mowing so that the owners can try to keep the ticks down but they are proposing to plant several native shrubs in another area.
Motion made, seconded and unanimously carried for a Negative Determination
6:03 George Ryan (180 Ninigret Avenue) Title 5 Septic System. Existing system will be pumped, filled with sand or removed - RDA **Continued from February
28, 2013**
Resource Area: Buffer Zone to Land Under Water (Johns Pond)
Material submitted: Sewage Disposal Repair 3/14/2013
[13:35] Matt Costa from Christopher Costa & Associates is representing the applicant. Mr. Costa states that the owner would like to install a new Title 5 septic system as the existing system has failed. The leach field and box is outside the 50’ buffer.
Motion made, seconded and unanimously carried for a Negative Determination
6:06 James Holt Sr. (42 Wheeler Road) Permit a grandfathered dock originally built in 1957 - RDA
Resource Area: Land Under Water (Ashumet Pond)
Material submitted: Town GIS 3/1/13 Kinlin Grover
[16:16] Sally Duffy from Kinlin Grover explains that the existing owner would like to apply for a grandfathered dock permit for the new homeowner. Agent McManus states that he validated the fact that it is an older dock and the Harbormaster is requiring that the street address must be placed on each section of the dock prior to being placed in the water. Proof of this must be submitted to the conservation dept.
Motion made, seconded and unanimously carried for a Negative Determination
6:09 Susan Masci (6 Quaker Run Road) Install a swimming pool with bluestone decking and required fencing - RDA
Resource Area: 50-100’ Buffer Zone to Coastal Bank
Material submitted: Landscape Plan 10/4/07 J.E. Landers (Owner)
[24:10] Frank Masci explains that the previous orders of conditions allowed construction of a swimming pool but it was never completed and the permit is now expired. Mr. Masci is seeking approval to allow the pool to be constructed. Agent McManus states that the area is pre-disturbed (no removal of native vegetation) and outside the 50’ buffer to top of coastal bank.
Motion made, seconded and unanimously carried for a Negative Determination
6:12 Gregory Hunt (15 Harbor Ridge Road) Remove two trees - RDA
Resource Area: Top of Coastal Bank
Material submitted: Site Plan (Hand drawn) 3/4/13
[32:48] Greg Hunt is requesting to remove two hazardous pitch pines that have been damaged by bark beetle and are close to the house.
Motion made, seconded and unanimously carried for a Negative Determination
6:15 William Ferner (44 Barbary Circle) Rebuild an existing dock and extend it 20’ further - NOI ****Continued to March 28, 2013 @ 6:06pm****
[32:48] The applicant has requested a two week continuance due to information that was requested by the Harbormaster.
Motion made, seconded and unanimously carried to continue to March 28, 2013 at 6:06pm
6:18 Town of Mashpee (South Cape Beach) Reconstruct approximately 4400 square feet of parking lot and renourish the seaward face of the reconstructed lot with sand - RDA
Resource Area: Buffer Zone to Coastal Barrier Beach
Material submitted: Town GIS 3/13/13 Catherine Laurent
[36:16] Catherine Laurent explains the damage to the parking lot from the past storm surges. Ms. Laurent states that they have tried to reconfigure the parking but with the cumulative effects, they will not be able to do that for the upcoming season and will lose the whole front row of parking spaces. Ms. Laurent is proposing to replace approximately 8’ of asphalt along the seaward face of the parking lot so they do not lose those parking spaces. Ms. Laurent states that since 2007, they have lost about 15’-20’ on the ocean side of the beach. The construction would be typical pavement construction where they would remove the asphalt but will leave what has collapsed and put in a
new base with asphalt on top. Agent McManus asks if they will be placing any sand after the parking lot is completed. Ms Laurent says they have deposited some sand previously and if necessary, would deposit up to 4 tons.
Motion made, seconded and unanimously carried for a Negative Determination
- Administrative Approval (43-2693) 58 Spoondrift, Clemens
Resource Area:
Material submitted: Clemens 3/14/13 Owner
Al Clemens states that he would like to make changes to the plan on file due to some run-off issues they have seen since construction. Mr. Clemens is proposing some retaining walls to stabilize the bank and stairs. Another retaining wall would support the landing for stairs from the second story deck and also to install a drywell. Mr. Clemens is also requesting authorization for a privacy fence along the property edge. Mr. Gurnee asks if a French drain would be more efficient than a drywell. The agent suggests additional plantings like a rain garden and Mr. Clemens states that he would rather do a rain garden. The Agent asks Mr. Clemens to mark the rain garden revision on the plans for the record.
Motion made, seconded and unanimously carried to approve the project revisions of 43-2693 as discussed.
- MACC recap: Coastal Erosion Workshop – Mr. Gurnee and Agent McManus attended the annual conference and the agent states that one of the workshops, Coastal Erosion, was very informative with the latest and traditional methods but the main message for coastal erosion is maintenance because there is no permanent solution. Mr. Gurnee comments on vista pruning and that there may be some flexibility to the regulations. Agent McManus states that vista pruning should focus on the resource area functions.
- Tidewatch Nourishment – Agent McManus states that he has sent out Tara Marden’s report and would like to establish a date to proceed with the decision of Tidewatch’s beach nourishment.
- DEP Regulatory Changes (310 CMR 10.00) – DEP will have a public comment period at Cape Cod Community College and the Agent says he will post the date and time.
Agent McManus requests a roll call vote to add a discussion of the Bayswater extension request to the agenda. All Board members present vote unanimously to add the item to the agenda.
Bayswater / New Seabury is asking for a 30 day extension of the time permitted for them to submit a plan and narrative of removing the boulders and installing spacers. The enforcement order was issued February 15th with a time restriction of 30 days to submit the required documentation but Bayswater is seeking an additional 30 days. Agent McManus states that the extension would affect the completion date.
The agent states that Barry Fogel had responded to the extension request and the agent reads the letter for the record. Mr. Fogel is concerned about the completion date but would agree to an extension of 14 days with a requirement of Bayswater to submit a written commitment stating the boulders will be removed from the beach and the spacers added to the Timber piling prior to May 24th, 2013.
Agent McManus states that there was not a reasonable explanation for the request from Bayswater but it is up to the Commission to establish a deadline or keep as is. The Commission has the authority to begin daily fines of up to $300 per day for noncompliance as well as an additional (up to) $300 per day fine after May 24th if the work is not completed as these were two separate enforcement deadlines; one for submittal of the plan and narrative and the other is for the completion of work.
Mr. Cook calls for a motion to uphold the original enforcement dates of March 18th and May 24th. Mr. Anderson would like to agree to a two week extension as proposed by Tidewatch. Mr. Gurnee states that the response should be submitted prior to the next meeting because otherwise it would be another two weeks on top of the two weeks by the time everyone had a chance to review it.
Mr. Gurnee calls for a motion to vote on the original motion stated by Mr. Cook of upholding the original dates.
The vote was 3 opposed and 1 approved for holding the original dates of March 18th & May 24th
Mr. Cook calls for a new motion to allow an extension of one week which would require the narrative and plan to be submitted by March 25th and thereafter starting March 28th a $300 per day fine until the documents are submitted.
Motion made, seconded and unanimously carried to approve the one week extension to March 25th
Motion made, seconded and unanimously carried to adjourn the meeting at 7:31 pm. [1:34:09]
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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