Conservation Commission
Minutes of April 25, 2013
Public Hearings
Mashpee Town Hall – Ockway Conference Room 2
Commissioners: Chairman John Fitzsimmons, Vice Chairman Ralph Shaw, Brad Sweet, 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: March 28, 2013
Motion made, seconded and unanimously carried to approve the minutes of March 28, 2013
- Land Stewardship updates (Americorp Week) Michael Talbot consulting services (revised estimate needs to be voted on) – Agent McManus states that the preparation for AmeriCorp week has been taking place which is May 20th – 25th. The number of pollinator gardens has been reduced to five gardens; two gardens at the Mashpee Community Garden site, one garden at Pickerel Cove and two gardens at the entrance to Jehu Pond Conservation Area. There is also the construction of eight kiosks at various parcel locations. Botello lumber has given a discount for the material to construct the kiosks, pollinator boxes and bird boxes. Another project is the re-routing of a new trail in Pickerel Cove so that the trail is entirely within the parcel. Other projects, depending on the number of volunteers, consist
of trail work, trash clean-up and smaller scale projects.
HEARINGS
6:00 Louis & Louise DiMeo (5 Compass Circle) - Construct a 115 sq ft deck expansion which will involve removal of one tree - RDA
Resource Area: LSCSF, Buffer Zone to Coastal Bank
Material submitted: Proposed Conditions 5/11/05 (hand drawn 4/25/13) Owner
[3:43] Louis DiMeo shows a few photos of his property. Mr. DiMeo is requesting the ability to expand his deck area on the back of the house which will require the removal of one tree that is close to house. Agent McManus suggests to Mr. DiMeo to offer some compensatory plantings in the buffer zone because of the tree removal that has already taken place. The agent states that the area of proposed deck expansion is predisturbed and not compromising to the resource area.
Motion made, seconded and unanimously carried for a Negative Determination
6:03 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 - NOI **Cont’d to 5/9/13 @ 6:09pm**
[9:56] The applicant has requested a continuance to May 9th.
Motion made, seconded and unanimously carried to continue to May 9, 2013 at 6:09pm
6:06 Madeline Wong (4 Keel Way) Install a new septic system and associated piping. Existing system will be pumped, filled with clean sand and abandoned - RDA
Resource Area: LSCSF
Material submitted: Proposed Septic System Upgrade 4/12/13 Engineering Works
[10:33] Pete McEntee is representing the homeowner and explains that she has a failed septic system. The separation to ground water is insufficient so a new leaching area is required; and the tank is over 30 years old so a new tank will need to be installed. Mr. McEntee is proposing a combination septic tank pump chamber to a new soil absorption system that will satisfy all requirements of Title V. The new system will require removal of some trees where the soil absorption system will be placed along with the removal of a large rhododendron.
Motion made, seconded and unanimously carried for a Negative Determination
6:09 Diane & Joe Appleman (91 Edgewater Road) Prune approximately four trees near dwelling and place gas fire pit on existing platform - RDA
Resource Area: Inland Bank Associated with Santuit Pond
Material submitted: Town GIS Aerial 4/23/13 Owner
[13:27] Diane Appleman states that her lot is very dense with branches hanging over the roof causing fungus to grow. There are several trees that are dead that she would like to remove. Ms. Appleman is also proposing to place a fire pit on an existing platform deck. Agent McManus states that on a site visit to this property he had noticed several trees that were heavily damaged by (turpentine) beetles and recommended that they be removed.
Motion made, seconded and unanimously carried to amend the permit request to allow the removal of the damaged trees and issue a Negative Determination
- WBNERR Telemetry Tower (Admin approval):
Jim Rassman from WBNERR explains that they were approached by a group called ESS that are being paid by US Fish & Wildlife and the Division of Fish & Game to look at the possibility of using active tags to track piping plovers and roseate terns. The group is looking to install temporary antenna placements along the coast to track the birds as they come across the water. They are currently using surrogate species that are not endangered. ESS has contacted Monomoy National Wildlife to install one antenna at one of the towers associated with Cape Wind and also South Cape Beach / Waquoit Bay. Mr. Rassman states that ESS would place a tower on the back of the changing station at the State beach. The tower is 11” x 9” and 30’ tall with a 24” spike that is driven
into the sand with a radio pack attached. The radio does not broadcast any signals; it picks up the tag signal from the bird as it comes across the wavelength. Mr. Rassman states the tower will be placed in June and removed in October. The research will hopefully show ESS how many if any birds it was able to pick up and if the technology has promise.
Motion made, seconded and unanimously carried to approve the research project as proposed
- MA Division of Marine Fisheries: Santuit River vegetation clearance
Agent McManus explains that Brad Chase is a Marine Biologist with the Division of Marine Fisheries who had come down for a site visit to the three herring runs in town. Mr. Chase’s overall assessment is that they are in good shape. Mr. Chase had noticed that at Santuit, approximately 150’ downstream from the fish ladder; there is a growing encroachment of aquatic vegetation which has narrowed the channel of the river significantly and creates a slight impediment to slowing the herring passage. The agent states that Mr. Chase asked that this issue be brought to the Commission to get authorization for them to do some clearing to widen the river. The agent says that Mr. Chase’s group will wait until after the season to do the clearing.
Motion made, seconded and unanimously carried to approve the clearance
- Bayswater (request to replace boulders in area adjacent to stone steps off revetment)
The agent explains that there were some boulders that slid down the bank and Bayswater would like to place them back to their original position. The agent states that Attorney Fogel submitted a letter claiming the boulders were never there but the agent was at the site with Ms. Marden and he viewed some photos that she had brought of the area. The agent states that it appears there were boulders in that location. The agent says that Ms. Marden had stated the presence of the boulders in the area helps to prevent undermining of the stairway and recommends leaving them in place as they are.
Joe Colasuonno states that they will retract their request and follow the enforcement order as it is written.
Attorney Fogel states for the record that he had indicated in the letter that the boulders had always been there but the request from Bayswater was to move them. Mr. Fogel says that his email and photos were to indicate that the boulders are right where they had been before the project was started and that he was confused as to what had moved.
Timothy Shea states that some of the boulders are okay but a few of them were brought in. Agent McManus recommends that the boulders remain to protect the stairs and he can suggest an amendment to the plans to reflect the additional boulders.
- Tidewatch: Beach Nourishment
Agent McManus explains the history of Orders 43-1166 and the years of missing nourishment of Tidewatch. The result of 19 years of nourishment owed by Tidewatch equals 28,500 cubic yards owed. Tidewatch has submitted load slips from EZ DOZE IT from 2004 to 2005 that add up to 4,152 cubic yards that had been delivered. The agent recommends the Commission to credit the amount of 4,152 from 28,500 cubic yards which leaves a balance of 24,348 cubic yards currently owed. The agent states there were other issues brought up in regards to past amounts owed from Tidewatch that they would like credited as well; one is a memo from former Conservation Agent, Bob Sherman regarding a “Cease and Desist of Beach Nourishment”. Agent McManus states that the memo is not an official document as he did
not find anything in any of the minutes, nor any administrative requests, amended orders or any other sort of official documentation that would have been signed by the Commission and should not be considered as any type of credit request. The agent says there was also additional documentation that was cited in the analysis of beach nourishment history of Tidewatch from Michael Groetske and Associates from the years of 1998 to 2000. The letter from Mr. Groetske indicates yearly amounts being placed; in 1998, 1000 cubic yards was placed at Tidewatch; In 1999, 200 cubic yards was placed at the western end of the revetment; and in 2000, 500 cubic yards was placed in January at the western end of the revetment with an additional 1000 cubic yards to be placed before April 15, 2000. The agent states that there are no copies of any load slips, no documentation of notification to the Commission and no beach profiling for any of the claimed amounts from 1998 to 2000.
The agent recommends that in the absence of that information that these should not count towards a credit. The agent states that there is quote from EZ DOZE IT in the years of 2004 and 2005 to Tidewatch proposing to place 4,056 cubic yards of clean sand and a construction access. The original load slips for Tidewatch from EZ DOZE IT during the period of December 16, 2004 to March 28, 2005 shows a delivery of 5,242 cubic yards. Agent McManus states the load slips that he has in the file only add up to 4,152 cubic yards. The agent states the amount still stands that is owed, with the credit of 4,152 yards is 24,348 cubic yards.
Attorney Fogel states that there is one document from EZ DOZE IT with a range of 5,000 and delivery slips for 4,152. There is documentation from 1998 to 2000 of amounts 1,000, 200 and 500 which are also in the notes from Mr. Sherman and Mr. Fogel states there should be no reason to reject those. Attorney Fogel says that Tidewatch thinks it is unreasonable and should apply credits to Tidewatch since the Commission has been waiving beach nourishment obligations for properties west for no apparent reason except that Woods Hole requested it for purpose of a “regional plan”. Agent McManus says that all the properties that were relieved of their obligations were in compliance before the MIP was eliminated. Mr. Fogel says that the 1500 cubic yards does not represent what is required from an
environmental standpoint and that all the reports and data in the records show indisputable evidence that the formula was tripled to try to move the beach seaward which changes the dynamics of the environment. Mr. Fogel states that to protect a coastal bank than an equivalent amount of sand which is 1 cubic yard per foot/lost. Mr. Fogel states the two issues are; the catch-up issue; and the going forward issue and Tidewatch feels the catch up number should be based on the mitigation number. Chairman Fitzsimmons states that the catch-up number is in the Order of Conditions and that it has been the Order of Conditions for 19 years. Mr. Fogel says that Bayswater had a one foot per year rate and they were doubling it. Agent McManus states that after taking a look at the erosion rates, a revised calculation would be fitting for the amounts moving forward but based on the level of inactivity from Tidewatch for the past years there should be no reason to
reduce the 1500 cubic yards from 1993 to 2012.
Agent McManus recommends moving forward with an enforcement order for the nourishment that has been owed from 1993 to 2000 along with the credit for the load slips that were submitted. Mr. Fogel states their intention is for a clean way to wrap everything up and suggests a Certificate of Compliance that would have conditions relating to catch up and the going forward amount. Agent McManus asks Mr. Fogel how they could include the catch up amounts in a COC for the latest order when there was a COC done for project # 43-1166. Mr. Fogel says that you can put in as one of the ongoing conditions that a certain amount of sand per year for catch up. The agent states that he will have to contact Town Counsel but the agent says the order #43-1166 would be more legally enforceable with an enforcement order.
Attorney Fogel states that there are three parties that own the revetment; New Seabury, Tidewatch and Colony Villa so future ongoing in perpetuity requirements for the property should be adjusted to the actual number. Mr. Fogel also states that a credit of 2500 cubic yards that was recorded in Mr. Sherman’s records added to the annual amount going forward. Tidewatch would anticipate access for beach nourishment during the time period of September through April; possibly work with Bayswater for continuance coverage. Agent McManus says his concern is keeping the Orders separate and deal with one Order 43-1166 as an enforcement order and then an ongoing condition of a Certificate of Compliance for their latest beach nourishment permit.
Mr. Fogel says that based on Town Counsel’s advice, will decide on whether a Certificate of Compliance for the current Order can both be created in perpetuity; the nourishment requirement going forward and the catch-up number. Mr. Fogel says the logic for the past nourishment obligation would be to spread it out and that they can submit a catch up plan with both timing and access.
Mr. Fogel states that Tidewatch would like to file a Certificate of Compliance that would create a condition in perpetuity for the annual 400 cubic yards and fully credit the 22,000 from the older Order but have it included as proportional period of approximately 15-20 years in the more recent Order. Mr. Fogel says that the catch up could be about 1000 cubic yards annually plus the 400 cubic yards annually with coordination and access but not limited to November and April. Mr. Fogel suggests that all three owners can be named on the COC so that all three will be aware that they are “on the hook”.
Agent McManus states that Tidewatch should be credited 4,152 cubic yards based on the submitted load slips which will bring the amount owed to 24,348 and the Commission should make a ruling on that amount.
Mr. Fogel asks for the credit of an additional 2500 cubic yards as the records show that amount of sand had been delivered.
Ken Liatsos, an abutter, says there has been constant erosion of some measure over 18 years but recently; the erosion has accelerated to the point where he has lost part of his lot. Mr. Liatsos says he thinks the revetment has contributed a lot to the erosion and Tidewatch has been negligent and should comply.
Agent McManus states the new credit, including the 2500, is 6,652 that will leave a balance owed 21,848. Mr. Fogel asks to round it up to 21,850.
Motion made, seconded and unanimously carried to approve 21,850 cubic yards is owed since 1993.
Future Obligation
Agent McManus states there has been a lot of documentation submitted from consultants with varying amounts; one side says to uphold the 1500 cubic yards as per the Order of Conditions; and another source reports a recalculation at 360 cubic yards with a multiplier that brings it up to 400 cubic yards. Greg Burman had recommended a recalculated value as his report stated the shoreline retreat was 3’ per year. Mr. Fogel says that Mr. Burman had recommended using the Epsilon calculations which was 360 cubic yards per year but looking at some of the other data; Epsilon suggested it was more like 400 cubic yards. Mr. Fogel is proposing the COC state 400 cubic yards going forward in perpetuity with the catch-up volume from 19 years.
Agent McManus states Tidewatch is proposing 400 cubic yards going forward which the calculation should be based on the expert opinion. The agent agrees with Mr. Fogel for the 400 cubic yards going forward from the year 2013. The agent recommends the approval of 400 cubic yards moving forward and to allow two nourishments per year that will include the catch up volume. Mr. Fogel states that they will place 400 cubic yards by Memorial weekend. Agent McManus says that he will clarify with Town Counsel on whether an enforcement order is necessary or attach an ongoing condition to the Certificate of Compliance.
Motion made, seconded and unanimously carried to approve the amount of nourishment moving forward of 400 cubic yards per year starting from the year 2013
Agent McManus would like to work out the specifics of quantity for each nourishment and what the times of the year will be. He recommends May 9th as the submittal date.
Motion made, seconded and unanimously carried to approve the date of May 9th as the submittal of documents necessary for compliance.
Agent McManus states Michael Talbot’s revised estimate listing all the details of the proposal has been submitted and needs to be approved.
Motion made, seconded and unanimously carried to approve the most recent proposal as submitted from Michael Talbot
Motion made, seconded and unanimously carried to adjourn the meeting at 8:01 pm.
Respectfully submitted,
Kris Carpenter
Administrative Secretary
***All material submitted for hearings can be found on Conservation Flash Drive dated 7/1/10***
| 
