Conservation Commission
Minutes of March 28, 2013
Public Hearings
Mashpee Town Hall - Conference Room 1
Commissioners: Chairman John Fitzsimmons, Vice Chairman Ralph Shaw, Brad Sweet, Mark Gurnee, Patty Jalowy, Bob Anderson 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: January 31, 2013 & February 28, 2013
Motion made, seconded and unanimously carried to approve the minutes of January 31, 2013 & February 28, 2013
- Land Stewardship updates (Americorps Week) - Agent McManus informs the Board that the Americorp Volunteer that was placed in Conservation for the year has left Americorp service and taken employment elsewhere. The Americorp coordinator has indicated that Mashpee will be given first priority for any group projects due to the circumstances.
There is one presentation left which is April 2nd with Michael Talbot. He will be giving a presentation on native landscaping and the benefits of planting pollinator species.
Americorp week is May 20th-25th which the Americorps will be sending approximately 30 workers and they will construct eight kiosks at various conservation locations, nine pollinator gardens and rerouting an existing trail in Pickerel Cove so that it stays within the conservation parcel and not through the Federal easement for the Air Force base. The John’s Pond cleanup is scheduled for May 25th along with an “end of week” celebration at the beach. Americorp will hire a band and will schedule several activities. They are also working on obtaining donations for all materials needed for the week. The Refuge Partners, Friends of the Mashpee National Wildlife Refuge, Wampanoag Tribe will be involved and the agent is also inviting the GEO Cachers who
helped with the Noisy Hole Cleanup last year.
Michael Talbot submitted a proposal for the pollinator gardens; Americorp was not familiar with this type of garden so Talbot Ecological Land Care was asked to consult. Funds will be drawn from the Lands & Maintenance account.
The agents states that there is a meeting scheduled for May 23rd but is requesting to bump out to May 30th so that all attention can be given to the volunteer week.
Motion made, seconded and unanimously carried to approve that the meeting date of May 23, 2013 be moved to May 30, 2013
HEARINGS
6:00 Tyler Aldrich (110 Grafton Pocknett Road) Remove invasive gray willow - RDA
Resource Area: Freshwater Wetland, Inland Bank
Material submitted: Town GIS Areal 3/5/13 Applicant
[9:12] Tyler Aldrich, Senior at Mashpee High School, is working on his senior project which is a requirement of all senior students to graduate. The project involves the removal of the invasive species, the gray willow in Quashnet Bogs (K1). Mr. Aldrich gives a brief description of the damage that is done by this particular species. They will remove the vegetation by using hand saws to cut the trees and then a few days later will use a chipper to dispose of the cuttings. Agent McManus contacted Maffei Landscape who went on site and confirmed that the vegetation is gray willow. Maffei Landscape has generously donated to come in and “stump treat” with Glyphosate. The project area
is the access road around the bog which also contains a lot of pitch pine and black pine that they would like to prune back to allow access. Mr. Shaw asks how often it will have to be maintained and the agent states that it should only be one time but will be continuously monitored.
Motion made, seconded and unanimously carried for a Negative Determination
6:03 Nicholas Rucky Jr. (8 Summersea Road) Replace a total of 10 existing galvanized pipes with pressure treated wood pilings - RDA
Resource Area: LUO, Salt Marsh, BVW, LSCSF
Material submitted: Plan Accompanying Petition 2/26/13 Owner
[16:28] Nicholas Rucky explains that he has seasonally been putting in and removing galvanized pipes with for his pier and floats. Mr. Rucky would like to be able to put in pilings to eliminate his current process. Agent McManus states that the Harbormaster now requires docks to place property address identification on all sections of the pier and floats. The Harbormaster also commented that the float has exposed styrofoam and will need to be encapsulated before placing it back into the water.
Motion made, seconded and unanimously carried for a Negative Determination
6:06 William Ferner (44 Barbary Circle) Rebuild an existing dock and extend it 20’ further - NOI **Continued from March 14, 2013**
Resource Area: LUO, Salt Marsh, BVW, LSCSF
Material submitted: Plan Showing Dock Improvement 2/14/13 Falmouth Engineering
[24:57] Jack Vaccaro from Vaccaro Environmental Consulting is representing for the homeowner. Mr. Vaccaro briefly explains the resource area and the history of the property. The property contains a dock with a small float which the applicant is looking to replace the small float with a larger float. It will require the relocation of two piles and the net result will extend the structure out approximately 20’ seaward. Mr. Vaccaro says that they will install two stairways which is a provision to satisfy Chapter 91 requirements for lateral access across the shore. The Harbormaster has already commented that identification be placed on all sections of the dock. Agent McManus states
that the float is exposed and will need to be encapsulated before being placed into the water.
Motion made, seconded and unanimously carried to Close and Issue
6:09 Robyn Laukien (62 Waterway) Remove one large oak tree hazardous to dwelling and two smaller trees damaged by hurricane - RDA
Resource Area: Coastal Bank, LSCSF
Material submitted: Proposed Earthen Berm (hand drawn) 5/29/13 Owner
[33:43] Robyn Laukien states that some of the oak trees that are positioned close to the house with one in particular having branches hanging over the roof. Ms. Laukien would like to remove that tree along with another tree that was damaged from the storm. The damaged tree is leaning and is uprooted. Agent McManus asks if there is a methodology for the removal of the uprooted tree because it will affect the coastal bank. Ms. Laukien says that she would like someone to come in and rebuild the stones and reinforce the whole area. The agent states that the repairs to the stone wall would require an additional permit. Agent McManus also informs Ms. Laukien that she must submit a
narrative for the tree removal on the bank any pruning or cutting of existing vegetation will require a vista pruning permit and also the dock and float will need to have permanent identification for all sections.
Motion made, seconded and unanimously carried for a Negative Determination
6:12 Michelle Greenfield, Trustee on behalf of 91 Greenfield Children’s Trust (27 Keel Way) Delineate, prune and maintain a vista corridor and an expansion of a previously approved patio/walkway area which will include required mitigation plantings - NOI ****Continued to April 11, 2013****
Resource Area: BVW, LSCSF, Coastal Bank, Buffer Zone to Coastal Bank
Material submitted: Vista Pruning Plan & Other Modifications 3/12/13
[43:50] Wayne Tavares is representing the applicant and explains that they would like to create a pruning corridor with maintenance in perpetuity. Mr. Tavares also says that the applicant would like to change the shape of the patio area. The pervious patio will include French drains. Mr. Tavares says there will be added mitigation; approximate total of 540 square feet. Agent McManus states that the 50’ corridor is not an accurate measurement based on the property width of 147 feet and suggests either continuing the hearing so that the plan can be revised or close and issue pending receipt of revised plan. Chairman Fitzsimmons says he would like to continue so that he can see the
revised plan.
Motion made, seconded and unanimously carried to continue to April 11, 2013 at 6:09pm
6:15 Glen Petrie (31 Sand Dollar Lane) Rebuild wooden retaining wall in the same footprint - RDA
Resource Area: Coastal Bank/BVW
Material submitted: Plot Plan Existing House 1/4/13 BSS Design (submitted by Little River Boat)
[54:13] Mark Burtis from Little River Boat Yard is representing the applicant and explains that the existing retaining wall is failing and needs to be replaced. The new wall will consist of vertical sheeting secured with pilings going in the same foot print as the existing wall. The sheeting will go down about 3’ more to protect against storm surge. Agent McManus mentions three trees that were cut on this property without any permitting and this violation will be handled separately from this project application.
Motion made, seconded and unanimously carried for a Negative Determination
6:18 Robert Diverdi (246 Monomoscoy Island Road) Rebuild bulkhead wall and fixed pier in the same footprint - RDA
Resource Area: Coastal Bank, LSCSF, LUO, Buffer Zone to BVW
Material submitted: Proposed Site Plan 8/29/12 Cape & Islands Engineering (submitted by Little River Boat)
[59:41] Mark Burtis from Little River Boat Yard is representing the applicant and explains that this wall is also failing but it was built differently with a fixed pier running the entire length of the wall. Mr. Burtis states that he will pull this wall out and replace it in the same footprint but more elevated and using wood sheeting. The back will be filled with stone and covered with soil.
Motion made, seconded and unanimously carried for a Negative Determination
- Bayswater compliance letter/narrative/plan for boulder removal. Request to have a condition removed.
Agent McManus states that Bayswater submitted their plan and narrative to remove the boulders, a methodology and plan for the spacers and a plan to restack boulders that were claimed to have slid down the coastal bank near the access steps. The agent says that Bayswater does have an issue with condition # 4 of the Enforcement Order that stated the coir envelopes were to be kept covered in sand and inspected on a weekly basis.
Joe Colasuonno from New Seabury Properties explains that they plan on installing the spacers as according to the plan submitted which is on every other pole. Agent McManus states that as long as one inch spacing is maintained between each pile, then every other pole is acceptable. Mr. Colasuonno says they will bring in a front end loader for the boulders which will then be transported to section 5 to be used for future landscaping. Mr. Colasuonno would like to replace a couple of the boulders that slid down the bank near the access steps to re-stabilize the area.
Agent McManus reads 310 CMR 10.27 Section 3 regarding projects on a coastal beach and feels if there is not enough sand nourishment than it would violate that performance standard for a coastal beach. Based on the way the project was presented; it had said that the profile of the beach would be maintained but if the core envelopes are not covered with sand, then the sand is not getting down to the coastal beach as the project narrative described. Condition #4 was added to ensure that the profile of the beach is maintained in lieu of the project. Mr. Colasuonno states that it is impossible to keep envelopes covered with sand at all times. The agent says that there would then need to be some kind of arrangement for providing a time line to cover the envelopes to the Commission. Mr. Colasuonno
says that they are covered with their 600 cubic yards annually and are not obligated to any more than 600 cubic yards. Mr. Colasuonno states that they have placed more than 4500 cubic yards and he says they feel they are adequately nourishing the beach. Agent McManus asks what their consultant’s opinion would be about leaving the coir envelopes exposed and says that he would like to get their response. Mr. Colasuonno states that they have kept them covered after all the storms and states that they do not need to be told to do it. Agent McManus states that information should be provided that will address how long the coir envelopes should be exposed because this project is experimental and the Commission has the right to step in to make sure the performance standards are upheld. Mr. Colasuonno states they are only obligated to 600 cubic yards of sand per year. The Chairman says the Order of Conditions state “as required”. Mr.
Colasuonno says that Tidewatch has owed sand for almost 17 years and Mr. Sweet says Tidewatch is a separate issue and is being addressed but keeping the envelopes covered is in Bayswater’s best interest; to protect their investment. Mr. Colasuonno states that they have spent over $60,000 in sand this year covering the envelopes so if it is not a problem then he says that he does not understand why it is an issue.
Agent McManus states that when the coir envelopes become exposed to the elements, they could be compromised. The Commission is looking for some kind of indication of how much exposure time will be allowed before they are covered again and how much time these envelopes can be exposed before they fall apart and become storm born debris. Mr. Colasuonno states that they have addressed every issue on the Enforcement Order and they would like condition # 4 removed. Agent McManus reads condition #4 but asks if they re-word it to say “Bottom core envelopes shall be inspected on a bi-weekly basis and if they are discovered to be exposed, then they must be covered with sand”. Mr. Colasuonno says that it is the same thing and will not agree to that. Mr. Sweet suggests a consultant advise
Bayswater and the Conservation Commission as to what the maximum period of time that the envelopes can be exposed to the elements and then if the consultants felt there would be significant degradation, they could advise Bayswater to cover the envelopes.
Mr. Colasuonno states that condition # 4 is not in the Notice of Intent and Agent McManus says that the situation could have adverse impacts in regards to regulation 310 CMR 10.27 Section 3. Mr. Colasuonno asks if the land is sold and developed, would they still be required to check it every two weeks. The agent states that ongoing maintenance for these types of projects is highly important and there is no permanent solution, thus additional nourishment to protect the coir envelopes and nourish the beach may be required.
Mr. Colasuonno states that he will only agree to the first three conditions on the enforcement order and the agent states that he will want a consultant’s advice as how long the coir envelopes can be exposed before they start to jeopardize the project. The performance standards for coastal beaches need to be upheld and enforced.
Mr. Sweet recommends that the Commission deny Bayswater’s request to change the enforcement order and request that Bayswater return with their consultant. Agent McManus states that the Commission will need to give a time line for this request to comply. Mr. Gurnee says two weeks and Mr. Sweet suggests April 11th. Mr. Gurnee states that they should start the enforcement compliance work and Mr. Colasuonno states that they will not until condition # 4 is removed. Agent McManus says that they would then be potentially subject to daily fines for noncompliance. Mr. Colasuonno responds that they will go to litigation if the condition isn’t removed. Mr. Sweet states that Bayswater has actually exceeded what has been required but they do not want to have it in writing and be told what
they have to do. Ms. Jalowy is concerned of what would be conveyed to a new homeowner and Mr. Colasuonno states that the Homeowner’s Association would be responsible.
Chairman Fitzsimmons states that they need to comply with the enforcement order and the agent suggests a motion could be set to seek a professional opinion of clarification and the Commission could take that into consideration of a possible editing of condition #4. Mr. Colasuonno says they would agree to that if the Commission were willing to extend all the dates; they could get a consultants opinion by the next meeting of April 11th. Agent McManus says if the opinion is submitted by April 11th than there would be no need to extend the deadline of May 24th for full compliance. Mr. Colasuonno says it will take 5 weeks to get the rubber spacing in and Mr. Sweet says to order it now because it will still have to be done no matter the outcome. Agent McManus says to submit
the consultant comments by April 11th and if the spacers cannot be brought in by the deadline than on April 11th it can be requested to change the enforcement dates.
Motion made, seconded and unanimously carried to continue the request of revisions to the Bayswater Enforcement Order until April 11th, 2013.
- Tidewatch: discussion on beach nourishment obligation timeline/enforcement and materials submitted
Agent McManus reads a letter that was submitted from Barry Fogel which requests more time to further evaluate the mitigation nourishment requirement of Tidewatch. Mr. Fogel is asking for a continuance to April 25th. Agent McManus states that he is concerned about how each of the parties continuously asks for continuances each time one or the other submits an analysis and recommends a concrete timeline for submission of all information with no exceptions. Tidewatch has an enforcement order and it should be dealt with in an expeditious manner. Chairman Fitzsimmons asks for a motion to inform Tidewatch that the Commission will review Tidewatch’s final presentation on this subject on April 11th.
Motion made, seconded and unanimously carried to inform Tidewatch that the Commission will review Tidewatch’s final presentation on this subject April 11th
- Land Stewardship updates (Americorps Week) (Cont’d) – Agent McManus recommends the Commission to look over Michael Talbot’s proposal as it is very extensive. This item can be continued to April 11th to give time to review.
- 2013 Herring Count Program – The Herring Count Program has started and training was given on Wednesday, March 27th. The dam has been finished and the pond water is now recharging. The fish ladder will stay until after the season has been completed and then it will be removed and repaired. The Herring Run Program so far has 13 volunteers.
Agent McManus requests a roll call vote to add a discussion of memorial benches to the agenda. All Board members present vote unanimously to add the discussion of memorial benches to the agenda.
Agent McManus states there are estimates and pictures of granite benches passed out for review. One of the locations suggested is at Ockway Bay Boat Landing. Agent McManus suggests engraving “In Memory of Jeffrey Cross, Conservation Commission Member from [date range]”
Motion made, seconded and unanimously carried to adjourn the meeting at 8:09 pm. [2:12:18]
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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