Conservation Commission
Minutes of August 22, 2013
Public Hearings
Mashpee Town Hall
Ockway Conference Room
Commissioners: Chairman John Fitzsimmons, Vice Chairman Ralph Shaw, Mark Gurnee, Brad Sweet
Staff Present: Drew McManus (Conservation Agent) and Judy Daigneault (Recording Secretary)
Call Meeting to Order: 5:55 p.m.
The meeting was called to order with a quorum by Chairman Fitzsimmons at 5:55 p.m.
There was no public comment.
Pre/Post Hearing Agenda:
Minutes: Approval of the following minutes: June 13 and June 27, 2013.
Approval of minutes postponed to Sept 12th- some commissioners did not receive copies of the minutes.
Osprey Platform at Punkhorn Point.
Agent Drew McManus updated the commissioners regarding the Osprey Platform at Punkhorn Point. This will be funded thru Cape Cod Land Management grants. There will also be signage.
Wood Guardrail at Santuit Pond Conservation Area.
Agent McManus also updated the commissioners regarding the replacement of the split rail fence which was vandalized at Santuit Pond Conservation Land with a wood guardrail fence. This should take place within the next month or so.
CONTINUED HEARINGS (from August 8, 2013 due to lack of quorum)
6:00 James W. and Jane B. Cauger, Trustees, 37 Frog Pond Close. Establish and maintain in perpetuity a 55-foot wide vista corridor. NOI
Resource Area: Coastal Bank
Material Submitted: 37 Frog Pond Close, Mashpee
Jack Vaccaro gave a presentation regarding the proposed vista corridor at 37 Frog Pond Close. He described the proposed work and the wetland resource areas that are present in the vicinity of the planned construction. He stated that there had historically been vista pruning on this property since the late 80s. Drew McManus informed the commission about the history of vista pruning on this property and that the pruning exceeded the allowable view corridor under the current regulations. He recommended an Order of Conditions with the specific condition that the applicant schedule a site visit prior to the start of vista pruning over the next three years in order to ensure the proper maintenance of the corridor and to ensure that vegetation outside the corridor be allowed to grow back.
There were no comments from the public
Motion made, seconded and unanimously carried to Close and Issue.
6:03 Theodore C. Eli and Maureen E. Creedon, 14 Pem Lane. Remove three trees. RDA.
Resource Area: Buffer Zone to Riverfront
Material Submitted: 14 Pem Lane
Ted Eli (homeowner) presented project requesting the removal of three trees at 14 Pem Lane to make room to store their boat and trailer on their property. The trees are located within 100-200’ setback of the high water mark of the Mashpee River . This location is along the only side of the property with access and room for storage and is in the least intrusive location.
No comments from the public.
Motion made, seconded and unanimously carried for a Negative Determination.
6:06 John R. and Loren B. Kovalcik, 48 Godfrey Road. Remove four diseased pine trees and prune three oak trees. RDA
Resource Area: Buffer Zone Coastal Bank Mashpee River
Material Submitted: 48 Godfrey Road
Loren noted the area on the map where the four diseased pine trees were located. She noted that the pitch pine trees were infested with turpentine beetle. She also discussed the three oak trees that needed pruning. The agent informed the commissioners that the trees were inspected by a certified arborist and recommended a Negative Determination
No comments from the public
Motion made, seconded and unanimously carried for a Negative Determination.
6:09 Kathleen E. Crowley, 237 Hooppole Road. Remove diseased trees and thin out canopy.
Resource Area: Buffer Zone to John’s Pond
Material Submitted: 237 Hooppole Road
Karen Crowley explained that the tree canopy between the house and John’s Pond shoreline needs to be trimmed and that the rotting trees to the right of the dwelling need to be removed. These trees are preventing sunlight from hitting the house and rotting is occurring. Mike Hope, Arborist explained his plan on how he was going to trim the trees and remove the rotted ones.
Drew McManus recommended a Negative Determination
No comments from the public.
Motion made, seconded and unanimously carried for a Negative Determination
6:12 David K.Y. Lee, 31 Tide Run. Construct new garage and modify driveway. RDA
Resource Area: LSCSF Buffer Zone to Coastal Bank
Materials Submitted: 31 Tide Run
Jack Vaccaro represented the applicant, David Lee. Mr. Vaccaro explained the work includes construction of a new garage and driveway modifications located on the landward side of the existing single family dwelling away from wetland resources. No impacts to wetland resources were anticipated or no impact to salt marsh or coastal bank. The Agent confirmed that the entire area proposed for the project is pre-disturbed with landscaping, driveway and ornamental plantings/grass.
Agent McManus noted the construction was on the street side of the property and that the Board of Health has approved and he recommended a negative determination.
No comments from the public.
Motion made, seconded and unanimously carried for a Negative Determination.
6:15 George Chrisis, et al Trustees, 146 Captains Row. Remove dead tree. RDA
Resource: Buffer Zone for Mashpee River
Materials Presented: 146 Captains Row
Mark Thompson (contractor) explained there was a dead oak tree 20 feet from the house. The owners are afraid that a storm may bring the tree down on the house. It is located on top of the inland bank leading to the Mashpee River.
Agent McManus recommended a negative determination.
No comments from the public
Motion made, seconded and unanimously carried for a Negative Determination
6:18 Mark A. Thompson, 24 Waterline North Drive. Amend Order of Conditions SE 43-2250 AOC
Resource: LSCSF, Buffer Zone to Salt Marsh
Materials Presented: 24 Waterline North Drive
Tom Bunker of BSS Design, explained that this is a request to amend the order of conditions for 43-2250 to put a different house on the lot and to reduce the size of the patio and add a swimming pool. Mr. Thompson reviewed the plan presented to the commissioners. The septic system will be redesigned and has been reviewed by the Board of Health. The drainage will be going to a drywell. The commissioners requested an updated copy of the landscape plan. The Agent stated that all proposed changes are within the previously approved work limit and recommended approval.
No Comments from the public
Motion made, seconded and unanimously carried to approve to amend the Order of Conditions for SE 43-2250 pending receipt of an updated landscape plan.
6:21 Scott Thompson, 138 Waterway. Restoration of coastal bank and mitigation plantings. NOI
(Continued from May 9, 2013)
Resource Area: LSCSF Coastal Bank Salt Marsh
Materials Presented: 138 Waterways
Jack Vaccaro represented the applicant and described the project. Mr. Vaccaro explained that the coastal bank was severely eroded and that a gas utility line has been exposed. The proposed project involves the implementation of fiber rolls along the eroded portion of the bank with spartina grass plugs to recapitulate salt marsh that has been lost to erosion over the years. Additionally, there will be a 10’ wide vegetated strip planted along the top of the bank to provide a buffer strip between existing lawn and the water. The commissioners recommended the construction of a small berm along the top of the bank to further mitigate any runoff of nutrients from lawn fertilizer usage
Drew McManus recommended that there should be a berm to prevent erosion and nutrient runoff. This is a soft solution. He also said that a 3 year monitoring plan should be followed so that the plantings are not just put in and ignored. Also an updated plan to show berm will need to be submitted to the Conservation Commission for their record.
No public comment
Motion made, seconded and unanimously carried to Close and Issue.
NEW HEARINGS
6:24 Sandra P. Esposito, 25 Sand Dollar Lane, Remove dead tree, prune two trees and install indigenous plantings. RDA
At the request of the applicant hearing will be continued to September 12, 2013 at 6:03 p.m.
Motion made, seconded and unanimously voted to continue hearing until September 12 at the request of the applicant.
6:27 New Seabury Tidewatch Condominium, 94 Shore Drive West. Proposed beach nourishment. COC
Resource: Coastal bank and coastal beach/LSCSF
Materials Provided: 94 Shore Road West.
Agent McManus reviewed the Request for a Certificate of Compliance for beach nourishment at 94 Shore Drive West. Beach profiling has been complied with and he has been reassured they followed up with OOC. Don Monroe from Coastal Engineering Consultants and Serguei Aliev (Tidewatch resident) also commented on the nourishment that has taken place and that will continue to take place on an annual basis as per the orders of conditions. The Agent informed Mr. Monroe and Mr. Aliev that the COC permit will be signed by the commissioners this evening.
6:30 p.m. Town of Mashpee, 500 Great Oak Road. Proposed shorefront protection on South Cape Beach. NOI
Resource Area: Barrier Beach LSCFS
Materials Presented: South Cape Beach
Roger from Coastal Engineering made the presentation. He explained they were proposing to use biodegradable Coir envelopes (biodegradable bags filled with sand) to create a coastal dune along the edge of the existing parking lot. The purpose of the project is to protect the parking lot from storm damage. The parking stalls have been shortened by erosion from 15 to 10 feet. They were also proposing to install a drift fence. A handicap ramp would be incorporated as well as an open area for emergency vehicle access. The area will require maintenance once the project is completed but to do nothing is a possible loss to the area. Agent McManus noted they are awaiting a letter of determination from Natural Heritage & Endangered Species Program to identify any rare species habitat. The Agent stated that
the permit will not be issued until the letter is received. DEP has issued a number and Mr. McManus read the comments to the commissioners from DEP. Catherine Laurent, DPW Director, spoke in favor of the project and reiterated that something needs to be done rather than nothing to protect the area which will be in the town’s best interest. Commissioner Gurnee commented on the aesthetics of the proposal and that he did not think there were enough access points through the dunes to the beach. Other commissioners had questions regarding the drift fencing and how often it would be covered with sand. The consultant reassured the commissioners that it would be in the town’s best interest to keep the drift fence and coir envelopes covered with sand as much as possible to prevent deterioration from exposure to UV light, wind, water, etc.
No comment from the public
Motion made, seconded and unanimously carried to Close and Issue pending receipt of the letter from Natural Heritage.
6:33 New Seabury Peninsula Council, Fells Pond. Treatment of aquatic invasives on an annual basis at Fells Pond AOC
Resource Area: Land Under Water bodies/ Water ways/ ACEC
Materials Presented: Treatment of Aquatic Invasives for Fells Pond- Lycott Environmental Services
Ed Cohen (Fells Pond Association) described the project. Fells Pond Village Association has an existing order of conditions (43-1696) for treatment of Fells Pond for aquatic invasives every 2 years in perpetuity. Mr. Cohen is requesting to amend the orders of conditions to allow for yearly treatment or treatment as needed to control the growth of aquatic invasives in Fells Pond. Mr. Cohen described the treatment process and presented a letter from Lycott Environmental (dated 8/6/13) that describes the conditions that warrant treatment in Fells Pond as well as other details regarding invasive species management and the type of chemical (Diquat) that is used. Agent McManus noted that Lycott is required to give a two week notice to the Conservation Dept prior to any treatment of Fells Pond An annual treatment
letter is sent to all abutters.
No comment from the public.
Motion made, seconded and unanimously carried to approve to amend the order of conditions.
6:36 Craig A. and Maureen A. Fitzgerald, 50 Spoondrift Way. Demolish existing dwelling, construct new single-family residence and reconstruct falling seawall NOI
Resource Area: Coastal Bank, Salt Marsh, LSCSF
Materials Presented: 50 Spoondrift Way.
Jack Vaccaro represented the Fitzgeralds. Maureen Fitzgerald was also present. Mr. Vaccaro explained this was a complex project. It would be the removal of the home on site and the concrete patio leaving in place the pool. Repair to the seawall and restoration of any damage to the salt marsh would also take place. The demolition would take place from the landside and work at the seawall would take place during the low tide hours and will not be extended beyond existing structure. He noted some of the material may be able to be used as backfill. The patio will be replaced by a wooden deck for the pool and stopped prior to seawall to allow for plantings.
Mr. Vaccaro described the methodology for repairing the seawall and stated once in place they will restore salt marsh. The home will be a single family 4 bedroom home and a title 5 septic system will be installed. There was a lengthy discussion.
Agent McManus read comments from the Department of Marine Fisheries. He also stated this would require oversight and recommended an onsite consultant to minimize damage to the salt marsh. DEP has issued a permit number. An updated plan with a letter to DEP will need to be submitted for the purposes of showing salt marsh restoration and methodology. The Board of Health application is on file and under review. Drew notified the homeowner that the street address needs to be displayed on any float or ramps or docks and that the pool cannot be emptied into the creek. The pool water needs to be pumped out by a truck if needed. Maureen Fitzgerald stated they plan on having the water taken away by truck and replaced with salt water.
No comment from the public
Motion made, seconded and unanimously carried to Close and Issue.
6:39 Jamie L. Shone, 49 Tide Run. Remove dead tree leaning toward residence. RDA
Resource Area: Buffer zone to coastal bank/LSCSF
Materials Presented: 49 Tide Run
Mr. Stone explained he suspected the tree was damaged during construction and stated the oak tree would need to be taken down by a climber.
Agent McManus recommended a negative determination and noted the front of the property was a beautiful buffer to the coastal bank.
No comment from the public
Motion made, seconded and unanimously carried for a Negative Determination
6:42 New Seabury Colony Villa Condominiums Owners, 90 Shore Drive West. Proposed seasonal platform and access stairs to beach.
Agent McManus informed the commissioners that the applicant has requested to continued the hearing until September 12 at 6:00.
Motion made, seconded and unanimously carried to continue the hearing to September 12 at the request of the applicant.
Santuit Pond Dam
Drew McManus notified the board of a request from DPW for funding from the Lands/Maintenance account for the renovation of the Santuit Pond Dam.. There is a budgetary shortfall and DPW was requesting $5,682. The commissioners were open to contributing to the renovation.
Motion made, seconded and unanimously carried to adjourn the meeting. Meeting adjourned 7:55 p.m.
Respectfully Submitted
Judy Daigneault
Recording Secretary
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