Conservation Commission
Minutes of April 11, 2013
Public Hearings
Mashpee Town Hall – Waquoit Conference Room 1
Commissioners: Chairman John Fitzsimmons, Vice Chairman Ralph Shaw, Brad Sweet, Mark Gurnee 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: Chairman Fitzsimmons states that it is necessary to make a minor change of the vote count on one of the items from the March 14, 2013 minutes.
Motion made, seconded and unanimously carried to approve the minutes of March 14, 2013 with the specified change
- Land Stewardship updates (Americorps Week): Michael Talbot consulting services for Americorps week- revised estimate: Agent McManus states there is a revised proposal to be submitted by Michael Talbot but he did not receive it in time for the meeting. The last proposal consists of a lot of extra services that may not be necessary and it might be possible to scale back on the gardens. The agent says that the current proposal is only half of what Mr. Talbot is proposing so he is not sure what the total amount will be only that it amounts to almost $5,000 with the first half. Anything over $5,000 will require seeking 2 additional quotes according to municipal purchasing regulations.
HEARINGS
6:00 Scott Thompson (138 Waterway) Construct and maintain a low profile stone riprap seawall along the shoreline where the salt marsh has died due to erosion from the strong winter storms - OOC **Cont’d to 5/9/13 @ 6:00pm**
Agent McManus states that on a site visit, he discovered that mitigation which was required from a previous permit had not been completed and will require a planting plan to be submitted prior to hearing the new project.
Motion made, seconded and unanimously carried to continue to May 9, 2013 at 6:00pm
6:03 James Bertino (37 Pond Circle) Construct a 20’ x 8’ deck on the back of dwelling - RDA
Resource Area: Buffer Zone to Land Under Water (Johns Pond)
Material submitted: Landscaping Plan (hand drawn) 3/22/12 Richard Mack
Richard Mack is representing the applicant and explains that they would like to construct a new deck on the rear of the house in a pre-disturbed area. Agent McManus states there is no impact to the resource area.
Motion made, seconded and unanimously carried for a Negative Determination
6:06 Sara Zobel (4 Broomstick Way) Create a vista corridor with maintenance in perpetuity - NOI
Resource Area: Inland Bank, Buffer Zone to Freshwater Wetland (Abandoned Bog)
Material submitted: Proposed Septic System Upgrade (vista hand drawn) 3/27/13 Patriot Landscape & Arbiculture
Wayne Tavares from Wet Tech Land Design is representing the applicant and explains that the property frontage is 68’ so he calculated 25% of that which is 17’ wide at the edge of the resource area and at the deck will be 13.6’.
Motion made, seconded and unanimously carried to Close and Issue
6:09 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 from March 28, 2013**
Resource Area: Coastal Bank, LSCSF, BVW, Buffer to Coastal Beach
Material submitted: Vista Pruning Plan & Other Modifications 3/29/13 Wet Tech Land Design
Wayne Tavares from Wet Tech Land Design is representing the applicant. Mr. Tavares states that the vista corridor has been re-delineated and the width is now 36.97’ which is 25% of the frontage. Agent McManus states that he confirmed the staking is accurate. Mr. Gurnee asks if any trees will be moved and the agent says it will be limited pruning of mature trees and no tree removals.
Motion made, seconded and unanimously carried to Close and Issue
6:12 Ana Ferris (36 Seconsett Point Road) Demolish the existing two-car garage and rebuild a smaller one-car garage in different location - AOC
Resource Area: LSCSF, Buffer Zone to BVW, Salt Marsh
Material submitted: Plot Plan of Land 4/3/13 Cape & Islands Engineering
John Slavinski from Cape & Islands Engineering is representing the homeowner and states that they will remove the existing garage and construct a new garage that is 19% smaller on the other side of the lot. Mr. Slavinski states that it will be more than 100’ farther away from the BVW but still in the flood zone. Agent McManus states that the erosion control will need to be put back in place in the rear of the property.
Susan Howard, an abutter, states that the new garage being proposed is a non-conforming use. Ms. Howard states that her concern is the extent of development on the site. Ms. Howard shows the Board some photos that she had brought. She states that she has three concerns; the first concern is that she is asking the Ferris’s to respect their boundaries as there are cobbles stones in front of the existing garage that come out beyond their boundary line. Ms. Howard also requests that the garage not be any bigger in volume and that the driveway plan be viable. Ms. Howard also asks if the driveway can be permeable; are there any trees being removed; and if the will be any changes to the septic system.
John Slavinski, from Cape and Islands Engineering, states that the ZBA has approved the plan and the relocation of the garage was filed as a “Finding of Fact”. Mr. Slavinski states that the road is a private road and they can place cobble stone on it if they would like; they just can’t block it. Agent McManus says that he feels Ms. Howard’s concerns are more of a Zoning purview and not Conservation as the main focus for Conservation is the impact to any resource areas. The agent states that there is no adverse impact to the bordering vegetated wetland and saltmarsh.
Motion made, seconded and unanimously carried to approve the Amended Orders as presented pending the approval of the Zoning Board of Appeals
6:12 Collinswood Trust (270 Monomoscoy Road) Construct a new pier, ramp and float that will extend approximately 65 feet beyond mean low water. Construct a 10’ x 12’ shed with gravel driveway - OOC **Cont’d to 4/25/13 @ 6:03pm**
The applicant has requested a continuance to April 25th.
Motion made, seconded and unanimously carried to continue to April 25, 2013 at 6:03pm
- Tidewatch/ Bayswater LLC: Deadline for submission of materials related to Tidewatch beach nourishment – Agent McManus states that the Commission had designated April 11th as the deadline to submit any additional materials. Tidewatch submitted documentation for review and the agent states that they should render a decision on April 25th on the beach obligation for Tidewatch.
- Bayswater LLC: present information from consultants regarding exposure of bottom core envelopes (enforcement condition #4) – Agent McManus states that Woods Hole Group responded to condition #4 which the Commission had requested. Also submitted, is documentation from Wynn & Wynn (Bayswater).
Robert Mills, (Attorney for Bayswater), requests to comment on condition #4. Mr. Mills says that particular provision to the enforcement order is erroneous and this project was not designed to have that kind of vigilance. Mr. Mills states that the project is functioning well and will most likely function better once the spacers are installed. Mr. Mills says that they do not believe that the project has any kind of adverse effect on the coastal beach. It was designed with a specific amount of sand nourishment to be utilized annually. Mr. Mills states that they do not agree with the letter that was received by the Commission yesterday that said their project was having a deleterious effect. Mr. Mills says that the abutter group that sent the letter is a condominium association that is bias and
their primary interest is to protect their easement over the beach. Mr. Mills states that the beach is eroding in that area because it is lacking about 20,000 cubic yards of sand over the past 15 years. Mr. Mills says that it is hard to determine whose delinquencies are the cause of the erosion.
Mr. Mills is requesting that they continue to nourish in the manner to which they have been; which is what was provided in the Order of Conditions; and that condition #4 be removed from the enforcement order.
Tara Marden states that she had submitted a letter on behalf of New Seabury stating whether they feel the project is having deleterious effect on the coastal beach which they do not feel is occurring at this time. Ms. Marden shows photos from 2008 that show the coastline is variable and that there is no evidence that this project has had any impact to the coastal beach.
Serguei Aliev, President of the Board of Trustees for Tidewatch asks the Agent to not drop condition #4 from the enforcement order as the project does have an adverse effect to the beach. Mr. Aliev also states that the stairs do not belong to Tidewatch and that they are common stairs that belong to both Tidewatch and New Seabury.
Agent McManus states that the letter received from Attorney Fogel was distributed and he states the performance standards. The agent reads the letter for the record. Agent McManus states that the failure of the project would result in more erosion but to keep the core envelopes covered at all times is not feasible or enforceable. It is only in the best interest of the applicant to keep their core envelopes covered in sand as much as possible. The Commission will continue to reserve the right to inspect and monitor this area as an ongoing condition under the Certificate of Compliance. The agent suggests that once the boulders are removed and the spacers installed that the Conservation staff continue to monitor the project. Agent McManus states that his recommendation is to re-word
condition #4 to state the following: Bayswater shall be responsible for cleaning up any portion of the coastal bank stabilization project that becomes lose debris on the coastal beach as a result of normal or storm wave action or other deteriorating forces or actions as a result of exposure of the core envelopes.
Tara Marden states that she is in agreement with the re-wording. Mr. Mills states that he would also agree to the revision.
Agent McManus states there should be a formal to vote to eliminate the current wording of enforcement condition #4 and replace it with the revised wording as stated earlier.
Motion made, seconded and unanimously carried to adopt the modified wording of condition #4 as stated by the agent
- Mark Toomey: Besse Bog Mill Pond
Mark Toomey, a resident located near Besse Bog, presents a power point presentation that explains ground water levels in his residential location and how it is connected to the localized flooding of several homes. Mr. Toomey is asking for the town departments to create a protocol to maintain levels through all four seasons; such as DPW ensuring the culvert is inspected and kept clean as the Besse Bog culvert consistently gets clogged up with branches and rocks. Mr. Toomey says that they are working with the Division of Marine Fisheries to develop a proactive seasonal protocol for monitoring and maintaining levels of Mashpee Pond and Mill Pond throughout the year. Agent McManus states that he will request DPW to clear the culvert as this is a reasonable request but Besse Bog is a vernal pool certified by the
Natural Heritage and Endangered Species program and and there could be substantial state jurisdictional issues. The agent says his other concern is to strike a balance between the herring run and Mill Pond as Mill Pond has an average depth of 2’ and is the last staging area for the herring before their journey up the run to Mashpee-Wakeby Pond. River herring and alewife are protected species and should be a concern when changing the hydrology of Mill Pond into the Mashpee River along with the Wampanoag ancestral harvesting rights of harvesting herring. Agent McManus states that he has spoken to an abutter on the other side of the culvert that also experiences flooding when the culvert is cleared.
Agent McManus states that he will contact Mashpee DPW and also the Division of Marine Fisheries to try to find a solution.
- 29 Frog Pond Close- Ellis Allen revised mitigation planting plan
Resource Area: Coastal Bank
Agent McManus states that 29 Frog Pond Close was an enforcement matter previously presented to which the mitigation planting was inadequate from a previous Order of Conditions. The agent had suggested an area for plantings so the owner has submitted a revised plan. The agent states that this entire matter was in the interest of releasing a Certificate of Compliance. Mr. Gurnee states that the area will result differently with low shrubs being planted and the agent states that saplings very rarely take hold (on steep coastal banks) and that shrubs would have a higher probability of survival.
Motion made, seconded and to accept the revised plan for Frog Pond Close
The vote was 4/1 with Mark Gurnee voting against
- Discussion on memorial ideas for commissioners – Mr. Gurnee suggested an alternative approach to recognizing past commissioners that had served on the Conservation Board; as in a plaque of some sort. Mr. Shaw suggested a type of plaque that names can be added to. Mr. Sweet says that criteria would need to be set for that honor; specifically the number of years served.
Motion made, seconded and unanimously carried to adjourn the meeting at 7:33 pm. [1:38:03]
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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