Conservation Commission
Minutes of October 24, 2013
Public Hearings
Mashpee Town Hall
Waquoit Meeting Room
Commissioners: John Fitzsimmons, Ralph Shaw, Mark Gurnee, John Rogers, Brad Sweet, Robert Anderson and Steve Cook and Louis Dimeo (Associate Members)
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 John Fitzsimmons at 5:55 p.m.
There was no public comment
Pre/Post Hearing Agenda:
Approval of Minutes: September 12, 2013 and September 26, 2013.
Ralph Shaw moved to approve the minutes of September 12, 2013 and September 26, 2013, seconded by Brad Sweet. Vote unanimous. 6-0
Illegal Dumping. Great Hay Road
Illegal dumping took place on Great Hay Road. It was all household trash with evidence containing a name and address. A certified letter was sent out. Drew McManus will get back to the commissioners on the outcome.
MACC Reminder
Agent McManus reminded the commissioners that all full time and associate commissioners should be receiving emails from MACC. They often send out newsletters and host workshops for training and environmental policies. It is a great resource and encouraged them to take advantage. MACC does not send out hard copies so if any one doesn’t have an email, the office could print the info out for you.
HEARINGS
6:00 Patricia A. Cowhig, 3 Bight Circle. Proposed installation of vinyl sheet bulkhead landward of the coastal bank bordering Popponesset Creek. Continued from 9/26/13. Board requested more detailed site plan. NOI
Resource Area: LSCSF, Buffer Zone to Coastal Bank/Salt Marsh/Land Under Ocean.
Material Submitted: 3 Bight Circle
Matt Creighton, BSC Group, was present representing the Cowhigs. He stated at the previous meeting the commissioners asked that he come back with more structural design work. He met with the contractor on site and updated the plan.
Matt explained the bulkhead which is 120 feet long will tie into the neighbors’ properties. It will go on top of the coastal bank. Everything will be done from a barge from the waterside. The existing pier would have to be removed and then replaced when the work is done. They will try and stabilize the bank and replant directly behind it with native vegetation. There are no major trees that will have to be cut down. They are not going to go above the FEMA flood zone. It is more to protect the land. The house was built in the 50s but recently reconstructed. Drew suggested supplying information that the house was constructed pre 78. He said he only saw one stake in the field. Matt said there were 4 and explained where they were in the field. Drew
asked about siltation control. Matt said the impact is minimal and Agent McManus asked that this be put into the narrative. Drew noted that the narrative states this is for erosion control but it seems it is more a preventative measure and asked if there was any consideration to protect with soft solution for the salt marsh. Matt explained this it is a simple basic solution. Drew asked about the plan if it is an engineer design (for the proposed bulkhead). Matt said the design is from Little River and comes from the manufacturer he uses. Drew noted a violation of the Order of Conditions. There is no DEP # displayed along with the harbormasters request that an address be displayed on the ramp, float and seaward pile. There was a discussion on the bulkhead and on the construction, and the backfill and plantings. At the request of the commissioners, Matt said he would spell out what plantings he would use. Agent McManus said
the commissioners could continue the hearing for submission of revised narrative and a plan showing specific plantings or they could have it submitted to the office and approve pending subject of receipt. Agent McManus noted the regulations are very specific and he wants to encourage consultants to submit what we are looking for.
No Comment from the Public
Motion: Ralph Shaw moved Drew’s recommendation to close and issue pending receipt of an additional landscape plan and a revised narrative that takes into consideration the commissioners comments. Seconded by Mr. Sweet. Vote 5-1 with Mr. Anderson voting in the negative.
6:03 Christopher J. Joe, 47 Monahansett Road, Proposed planting of ornamental trees/shrubs, removal of 13 trees, replacing walkway and front steps, installing new walkway along right side of house. Continued from October 10, 2013. RDA
Resource Area: Buffer Zone to Bordering Vegetated Wetland (Associated with Dean’s Pond.
Material Submitted: 47 Monahansett Road.
Christopher Joe, applicant, was present. He explained he wanted to do basically the same project he did at 42 Monahansett Road with his sister. He said he wants to level the back yard, put in Cyprus, cut down trees, and do some work on the driveway, a walkway to the backyard and a patio. He made copies of a drawing for the commissioners. Agent McManus noted the 12 trees (not 13) to be cut down. All the trees were identified and marked. The trees are diseased or had insect damage and some are in close proximity to the house. He said the patio is going in an area that is already occupied by structure. He referred to regulation 19 Freshwater Wetlands. All activities are taking place within the buffer zone to this wetland and will not result in any cumulative impairment
because there is no filling or altering of the wetland. All activities are taking place on a predisturbed area occupied by structure and existing lawn and he recommended a negative determination.
No comment from the public.
Mr. Cook noted this presentation was much improved over the last hearing.
Motion: Mr. Shaw moved a negative determination, seconded by Mr. Sweet. Vote was unanimous 6-0.
6:03 Jeanne C. Mantel, 8 Great River Road. Proposed construction of a 50-foot wooden retaining wall to minimize erosion. NOI
Resource Area: LSCSF Buffer Zone to Salt Marsh
Material Submitted: 8 Great River Road
Mark Burtis, Little River Dock Construction, was representing Jeanne Mantel.
He said the first proposal was for an RDA and he is coming back with an NOI. It is a wooden bulkhead wall. He explained the project is to construct a 50 LF wooden navy wall to minimize the existing erosion. A filter fabric will be installed along the wall to contain the ¼ crushed native stone. The existing stone bulkhead was licensed by Mass DEP Chapter 91 under license #11857. He explained the bulkhead wall will be installed in the same footprint. Agent McManus noted that a specific planting plan is required in the narrative upon submission of the application. Mr. Burtis said he would provide that. Mr. Burtis said all the work will be done by hand. He is not going to do the horizontal piling he is doing the vertical piling. Mr. Burtis will submit a revised
plan showing the deadman position. Mr. McManus said the order of conditions will not be released until they get a revised plan showing a vertical pile holding a galvanized deadman. Agent McManus stated when the commission approves something pending, he doesn’t release the orders. The work doesn’t take place until the orders get released then they get recorded and then the work can proceed. He recommended a close and issue.
No comment from the public.
Motion: Ralph Shaw moved to close and issue based on the revised plans, seconded by Mr. Sweet. Vote was unanimous 6-0.
6:09 Warren Q. and Kim R.l Fields, 11 Taffrail Way. Proposed construction of a 186 foot wooden retaining wall to minimize erosion. Disturbed areas to be planted with indigenous species. NOI
Resource Area: Coastal Bank, lscsf, Buffer Zone to Salt Marsh and Land Under Ocean.
Materials Submitted. 11 Taffrail Way.
Mark Burtis, Little River Dock Construction, was representing the Fields family. Mr. Burtis explained the project is to construct a 186 retaining wall to minimize the existing erosion. He noted coconut rolls have been replaced twice on the property. A filter fabric will be installed along the wall to contain the ¼ crushed native stone and indigenous species will be planted with the areas disturbed by the installation of the new wall. He said it is pile driven, the soft solution has failed and the homeowner is losing more and more land. He will be working in the same footprint. Drew said there was a certificate of compliance and there was some mitigation that was suppose to happen with this project which never took place but will take place with the project. He
recommended approval.
Mark noted this is hand done, there is no machinery.
No comment from the public.
Motion: Mr. Shaw moved to Close and Issue, seconded by Mr. Sweet, Vote was unanimous 6-0.
6:12 David P. and Veronica E. Twomey, 34 Spoondrift Way. Proposed construction of a 145 foot wooden retaining wall to minimize erosion. Disturbed areas to be planted with indigenous species. NOI
Resource Area: Coastal Bank, LSCSF, Buffer Zone to Land Under Ocean
Materials Presented, 34 Spoondrift Way NOI
Mark Burtis, Little River Dock Construction, was representing the Twomeys.
He explained the project is to construct a 145 ft wooden navy wall to minimize the existing erosion. A filter fabric will be installed along the wall to contain the 3/4 crushed native stone. The existing wall was licensed by DEP under #6722.
Mark said the wall failed. He would be building in the same footprint.
The homeowners are losing a lot of soil at an accelerated rate. He wants to protect the oaks. Drew noted it was a licensed wall to be replaced in the same footprint. Mr. Burtis would also submit a detailed planting plan.
No comments from the public.
Motion: Mr. Shaw moved to Close and Issue, seconded by Mr. Sweet. Vote unanimous. 6-0
6:15 Akram E. and Marta O. Rafla, 45 Little Neck Lane. Proposed construction of a second floor and addition onto an existing dwelling with the same footprint. RDA
Resource Area: Buffer Zone to top of Coastal Bank/Land Under Ocean.
Materials Submitted: 45 Little Neck Lane.
Tom Bunker, BSS Design, Presented the project for the Rafias. He explained the project was to construct an addition on the existing foundation with a second floor on to the existing house. No excavation or additional foundation will be required. He reviewed the plan with the commissioners. Agent McManus noted nothing was submitted to the Board of Health and they are curious as to what is going to be on the second floor because the house is limited to 3 bedrooms. An architectural plan needs to be submitted of the addition and cannot recommend this project until we see what is on the second floor. Agent McManus recommended a continuance of this hearing to verify the layout and to also get approval from the Board of Health.
No Comments from the Public.
Motion: Mr. Shaw moved to continue this hearing until November 14 at 6:06 at the request of the applicant. Seconded by Mr. Sweet. Vote was unanimous 6-0
Agent McManus reviewed the COCs listed on the agenda. He noted if the commissioners have any concerns they could review the documents in the office.
There was a discussion on having a checklist on applications. Agent McManus stated he needs to get back to the basics and to make sure the applicants are following the regulations to the letter. He said a narrative needs to have the appropriate information. He encouraged the commissioners to bring copies of the chapter 172 regulations to their meetings.
Santuit Pond Cleanup
Agent McManus announced that the clean up for Santuit Pond will be taking place on Saturday November 16. This will be done by volunteers from Americorp and other volunteers as well.
ConsCom meeting preparation and /voting procedures.
Agent McManus suggested the commissioners bring a copy of the local and state regulations to each meeting and also take individual votes on their motions at their meetings.
Discussion 10A Floats, docks/proposal for grandfathering permitting procedure.
Agent McManus referred to the letter he prepared for the commissioners concerning docks approved as 10A floats. He stated the harbormaster, Steven Mone, is going thru his records for anyone who has applied for a 10A float. 10 A floats are defined under Mass General Laws, Chapter 91, Section 10A, as floats or rafts held by anchors or bottom moorings, which are seasonal in nature. There is no mention of piles. The harbormaster is responsible for issuing 10-A float permits. The harbormaster has been checking anyone who has a 10A float and doing inspections. He found there is a number of homeowners and the inspections showed some of the homeowners have docks which are leg supported or pile supported and connected to the land. The previous harbormaster told these homeowners they have 10-A floats
and not a dock and have been paying a 10A float fee.
Drew said he would have to meet with town counsel. He suggested that the homeowners file for an RDA along with documentation that they have been paying a 10A float fee. He would then do an inspection and take a look at the structure and if there are any violations it would have to be taken care. If there are no violations, they could come in for approval of the RDA. Other conditions would be that the property address be permanently affixed to the float and walkways and exposed Styrofoam on docks with floats must be encapsulated one year from the issuance date of the RDA. Agent McManus noted that a scale plan or hand sketched plan would also need to be submitted. It was suggested using GIS, photos, or a Google map accompanied by a sketch.
There was a lengthy discussion regarding 10A floats vs. docks. The commissioners agreed to have Drew take this to town counsel before they make a final decision. Agent McManus said he sees a lot of controversy down the road. His recommendation is if it is a 10A float it is the responsibility of the Harbormaster but after inspection, if it is determined it is a dock it needs to come before the conservation commission. The commissioners agreed to wait for town counsel’s opinion.
Roll Call Vote to discuss Fells Pond Road Violations
Motion: Mr. Shaw moved that the commissioners discuss the Fells Pond Road Violation at the request of the Chair, seconded by Mr. Sweet. Roll Call Vote: Mr. Sweet, yes; Mr. Gurnee, yes; Mr. Rogers, yes Mr. Carpenter, yes; Mr. Shaw, yes; Mr. Fitzsimmons, yes.
Drew updated the commissioners regarding a homeowner on Fells Pond Road who encroached on an easement and put down sand without permit. He is in violation and was sent a violation notice. Drew stated he talked over the phone and the homeowner said he would make everything right and he has not, so he sent out an enforcement order stipulating a deadline. It has gone way past the deadline and the fine is $300 dollars a day. The cap on the fines is $25,000 under MGL. Drew said he hasn’t been able to get on the property and will be getting town counsel’s opinion.
Motion: Mr. Shaw moved to adjourn, seconded by Mr. Sweet, Vote unanimous 6-0. Meeting adjourned 8:05 p.m.
Respectfully Submitted,
Judy Daigneault
Recording Secretary
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