Conservation Commission
Minutes of November 14, 2013
Public Hearings
Mashpee Town Hall
Ockway Meeting Room
Commissioners: John Fitzsimmons, Ralph Shaw, Mark Gurnee, John Rogers, Robert Anderson and Louis DiMeo (Associate Member)
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: October 10, October 24, 2013
Ralph Shaw moved to approve the minutes of October 10, 2013 and October 24, 2013, seconded by John Rogers. Vote unanimous. 5-0
Town of Falmouth proposal for maintenance dredging of Waquoit Channel with Beach nourishment on South Cape Beach.
Agent Drew McManus updated the commissioners about the dredge project at Waquoit Bay. This is a permit that was never carried out from 2006. He addressed any concerns the commissioners may have about the dredge spoils to be deposited on South Cape Beach. He said all the regulatory protocols have been met and all the conditions will be followed. Drew confirmed that all the dredge samples were taken and he had the results on file.- no toxic compounds in the dredge spoils.
HEARINGS
6:00 Marjorie Hackett, 10 Stanley Road. Proposal to tear down and rebuild existing dwelling and upgrade cesspool with installation of new Title 5 Septic System. NOI
Agent McManus stated the applicants have requested this hearing be moved to the end of the agenda.
Santuit Pond Cleanup. Saturday, November 16th. 9 a.m. to 4 p.m. AmericCorps and Mashpee Land Stewards.
Agent McManus announced that the Santuit Pond Cleanup will be taking place on November 16 from 9 a.m. to 4 p.m. The cleanup will be carried out by AmeriCorps volunteers as well as the friends of Santuit Pond. Most of the work will be taking place along the shallow shores so if you don’t have waders he didn’t recommend going into that part of the cleanup. He noted there was a lot of debris along the shoreline and in the Santuit Pond preserve and trails. There will be lunch for everyone back at town hall and would appreciate any help for any amount of time.
Back to Hearings
6:03 Stuart MacLeod, Trustee, 81 Seconsett Point Road. Proposed construction of vinyl pile bulkhead to prevent erosion NOI
Resource Area: LSCSF, Coastal Bank/Salt Marsh/Land Under Ocean.
Material Submitted: 81 Seconsett Point Road
Michael Borselli, Falmouth Engineering, was representing Stuart MacLeod. He explained the project was to build a sheet pile bulkhead at 81 Seconsett Point Road. The site is currently occupied by a single family dwelling and garage and the west end of the property is bordered by a stone rip rap and timber bulkhead which was licensed with Chapter 91, License number 8328. He said what has happened is the timber has rotted away. The project proposed would include the installation of vinyl sheet pile bulkhead which will back up the existing structure and prevent further erosion of the coastal bank. The work is necessary to protect the coastal bank from further erosion and to protect the upland single family dwelling from damage due to further erosion. A small excavator would be used which vibrates the sheeting
into the proper depth and use tie rods that are drilled behind the wall into the bank and the top is capped off with a timber cap to dress it up. Mr. Borselli noted there are some areas where some of the vegetation might be damaged or destroyed but after the work is done there are plans to replant the area with beach grass and bayberry with appropriate spacing. No work will be done on the beach and the end result will be a wall which will stabilize and there will be no further erosion. He said the work will only go to the property line and for some reason the abutting property didn’t go to their property line. He would be talking to the abutters and ask them if they wanted to participate in sealing that gap. Agent McManus commented on the project. He said damaged vegetation will be replaced and he will put this requirement into the Order of Conditions. The project is improving existing conditions and the Agent recommended to
close and issue.
No Comment from the Public
Motion: Ralph Shaw moved to close and issue. Seconded by Mr. Rogers. Vote 5-0
6:06 Akram E. and Marta O. Rafia, 45 Little Neck Lane. Proposed construction of addition to existing foundation within same footprint and second floor to existing dwelling. (Continued from October 24, 2013. Commission requested architectural plans.
Resource Area: Buffer Zone to Coastal Bank, BVW, salt marsh and LSCSF
Material Submitted: 45 Little Neck Lane
Tom Bunker, BSS Design, was present to represent Akram and Maria Rafia.
Mr. Bunker stated the project was to construct an addition on the existing foundation and a second floor on to the existing house. There will be no excavation or new foundation.
The architectural plans were sent to the health department. He explained the project on the plans. There will be storage on the first level with exercise room. The plan shows 3 bedrooms. There was a discussion on the trees and vegetation. Agent McManus said this will be covered in the Order of Conditions.
No comment from the public.
Motion: Mr. Shaw moved a negative determination, seconded by Mr. Anderson. Vote was unanimous 5-0.
6:09 Edward H. and Karen E. Yeomans, 23 Birch Way. Proposed expansion of existing deck, installation of paver patio/walkway and construction of outdoor kitchen with overhead pergola trellis and raised seating area.
Resource Area: Inland Bank, buffer zone to Land Under Waterbody/BVW
Material Submitted: 23 Birch Way
Tom Bunker, BSS Design, was present to represent the Yeomans. He explained the project was to construct a six foot wide back deck expansion with handrail and to construct an outdoor kitchen with overhead pergola trellis and paver patio. He reviewed the plan with the commissioners. He stated the resource areas within the proposed work include land under water body, bordering vegetated wetland and inland bank. The wetland resource that will be slightly impacted is the Inland Bank at the top of the slope at the existing deck off the back of the house. The deck expansion will consist of a 6’ wide addition across the entire length of the back deck. This will include resurfacing the existing deck with new deck boards and building a new handrail. One tree will be framed within the deck and will have a
round opening in the deck boards around the tree. Mr. Bunker also spoke about the outdoor kitchen which will consist of a raised cooking area which will include two pergola columns with a trellis ceiling. The existing walkways will be replaced with a paver surface and walkway set to grade.
He said the project would not affect any vegetation on the slope. Mr. Yeoman mentioned the paver patio would be done with stamped concrete with drainage so any water runoff would be kept away from the hill. Mr. McManus reference regulation 18 which deals with the inland bank. There is mitigation being provided for the deck encroachment. The photo showed the lack of vegetation with exception of the large tree. He said in the regulation it states on the performance standards that any proposed project should not affect the physical stability of the bank. He said this is a minor encroachment. He recommended the planting of bearberry shrubs as ground cover in the barren area which will help fortify the stability of the bank. He said concom did receive a letter from the Division of
Fisheries and Wildlife stating the project will not adversely affect the resource area habitat of state protected rare wildlife species.
Agent McManus also noted the dock on the property does not have a permit, Mr. Yeoman said the dock was there when he bought the property. Mr. McManus said he will contact the homeowner and let him know what he needs to do to be in compliance. Mr. McManus said he would recommend to close and issue.
No comment from the public.
Motion: Ralph Shaw moved to close and issue, seconded by Mr. Rogers. Vote was unanimous 5-0.
6:12 Thomas F. and Bonnie A. Smith, 266 Monomoscoy Road. Proposed construction of an elevated walkway over salt marsh and a dock extending into Great River. NOI
Resource Area: LSCSF, salt marsh, bordering vegetated wetland, LUO
Materials Submitted. 266 Monomoscoy Road
John Slavinsky, Cape and Island Engineering, was representing Thomas and Bonnie Smith. Mr. Slavinsky said six years ago they did a proposal for a dock on the property and the Town of Mashpee had claim on the marsh and decided we can’t cross the property. Two years ago town counsel came up with the idea of why don’t we give the marsh to the three abutters and pay the back taxes and they will now have access to the water. The three abutters now have access to the water. A dock was permitted on a vacant property to the south but there is no house on the lot. They went to the Board of Appeals and the Board of Appeals said there was no accessory use. They are proposing a 4 x 4 construction. The project involves the construction of a new walkway that will extend over the salt marsh area beyond
mean low water into Great River. The dock is intended to improve access to the water body for recreational boating purposes. The elevated walkway will be 182 feet long and all work will be done by hand. Agent McManus had an issue with the wood planking to be constructed with ¾ inch spacing and was concerned this would impact the salt marsh. He was concerned not enough sunlight would reach the salt marsh grass. Mr. Smith provided photos to the commissioners of nearby existing docks to show that low profile docks do not impact salt marsh grass. Some of the commissioners deemed the photos as unreliable in terms of ascertaining impact to the salt marsh grass as they were taken from a distance of the dock(s). Mr. Smith agreed to use the plastic deck grating which allows up to 70% sunlight penetration.
Agent McManus reviewed the comments of the Division of Marine Fisheries in their letter of November 6. Marine Fisheries recommended the removal of the public access steps at Mean High Water as this would encourage foot traffic across the salt marsh (MHW is near the upper edge of salt marsh in this area). Public access was encouraged to be where the structure goes out over the water. Structure would have sufficient height above the water to allow for public access underneath.
No comment from the public.
Motion: Mr. Shaw moved to Close and Issue based on submission of a revised plan showing the plastic composite grating along the walkway as well as elimination of public access steps at Mean High Water (walkway shall have sufficient elevation above salt marsh where structure extends out over the water for public access underneath), seconded by Mr. Sweet, Vote was unanimous 5-0.
6:15 John C. and Debra M. Landsiedel, 12 Monomoscoy Road West. Demotion of existing dwelling and construction of a single family home with a porch, installation of landscaping, driveway and new Title V septic System. NOI
Resource Area: LSCSF, buffer zone to LSCSF and buffer zone to coastal bank
Materials Presented, 12 Monomoscoy Road West
John Slavinsky, Cape and Island Engineering, was representing John and Debra Landsiedel. He explained the project includes the demolition and removal of the existing 3 bedroom house and the construction of a new 3 bedroom house. The construction will occur within 100’ of land subject to coastal storm flowage. The new house/porch will occupy a slightly larger house. He reviewed the plans with the commissioners. He said 2000 square feet of the property will be left as is. They will plant blueberry, bayberry, juniper, American holly and daylilies.
No comments from the public.
Motion: Mr. Shaw moved to Close and Issue, seconded by Mr. Rogers. Vote unanimous. 5-0
6:18 James Peterson 15 Metacomet Road. Proposal to design and construct a storm water interceptor bio-rention trench. (Owner of record SCCA Inc.) RDA
Resource Area: LSCSF, buffer zone to salt marsh, LUO (Land Under Ocean)
Materials Submitted: Great River/Waquoit Bay (plans showing bio retention system)
James Petersen presented his Eagle Scout project which is the design and construction of a storm water interceptor bio-retention trench to capture stormwater and nutrients including nitrogen from direct runoff into Great River/Waquoit Bay. The project is located at 15 Metacoment Road The property is an undeveloped partially cleared lot with a picnic area with a gravel drive leading to a neighborhood association dock owned by SCCA, Inc. Storm water run-off has caused erosion of the gravel drive and the river shoreline. James was proposing to design and construct a stormwater interceptor bioretention trench which will be constructed at the end of a gravel drive and will intercept rainwater runoff and sand material. The sides of the trench will be wood and the top will be a metal grate which will be bolted secured
and can be removed to clean. James also referred to the plants to be planted at the site. Agent McManus said he felt it was a good project. He said it is very well designed and has the appropriate types of plantings which will help to improve water quality. It is a great Eagle Scout project. There was a brief discussion on the safety and liability of the grate. The commissioners requested that James check with the building inspector to see if they have any concerns.
No Comments from the Public.
Motion: Mr. Shaw moved a negative determination pending approval from the building department. Seconded by Mr. Rogers. Vote was unanimous 5-0
6:21: Christopher M. Buckley, 26 Spoondrift Circle. Proposal to remove two trees. RDA
Resource Area: Buffer zone to coastal bank, LSCSF, salt marsh
Material Submitted: 26 Spoondrift Circle
Continue Hearing to December 12 at 6:00 No one present
Mr. Shaw moved to continue hearing to December 12 at 6:00 p.m., seconded by Mr. Anderson. Vote Unanimous 5-0
6:24 Lorna C. Ibbitson, 56 Pond Circel. Proposal to replace existing wooden steps with stone steps and metal railing within same footprint. Vista pruning and installation of boulders and indigenous plantings to minimize erosion. RDA
Resource Area: Inland Bank, buffer zone to Land Under Water Body.
Materials Submitted: Plan of proposed landscaping and hardscaping at 55 Pond Circle
Lorna Ibbitson was present to present her project. Agent McManus noted that there is a permit on file for the existing steps and vista pruning. Mrs. Ibbitson explained she is proposing to replace existing railroad tie steps with stone. The stairs will remain at the same width as the current stairs and a metal railing on the north side will be added for safety. She also stated the vista prune area which is weedy and unkempt will be cleared and replanted with native species which will include low bush blueberry, pinxterbloom azalea, sweetfern, and winterberry with wildflowers. There was a discussion regarding the boulders she wanted to use to minimize erosion down the slope to the water and create a visual interest. Agent McManus asked to have this portion of the project tabled because it was not referenced on the
plan and recommended a negative determination.
No comments from the public.
Mr. Shaw moved a negative determination excluding the vista pruning and boulder installation, seconded by Mr. Rogers. Vote was unanimous 5-0.
6:00 Hearing moved from beginning of agenda. Marjorie Hackett, 10 Stanley Road. Proposal to tear down and rebuild existing dwelling and upgrade cesspool with installation of new Title 5 Septic System. NOI
Resource Area: LSCSF, buffer zone to coastal bank
Materials Submitted: 10 Stanley Road
Mike Pimentel, JC Engineering was representing Marjorie Hackett. Mike explained the project. The entire property is located within land subject to storm flowage and the western portion is located within the 100 foot buffer zone to the coastal bank. They are proposing to tear down the existing house, put up a new house, upgrade to a title V septic system and also remove a couple of trees, one located within footprint of proposed dwelling and other 3 feet away from the front of the dwelling about 70 feet from the coastal bank. Most of the property will be covered with pea stone and they are requesting a full waiver of the local regulations. They are making the proposed dwelling smaller than the existing dwelling. Agent McManus noted the lot size is small when it comes to any proposed mitigation. It is
a landlocked lot within land subject to coastal storm flow that is less than 5,000 sq ft, therefore there is no requirement for natural vegetated areas to remain. The granting of a waiver makes sense due to the lot size and the addition of pea stone as well as the upgrade of the septic system will offset any impact on the coastal bank and recommended a close and issue. He reviewed the Board of Health’s comments plans approved for a conventional Title V system to accommodate a two bedroom dwelling. The engineer was informed a deed restriction is required for the two bedroom dwelling.
No public comment
Mr. Shaw moved to Close and Issue. Mr. Rogers seconded. Vote unanimous 5-0.
Public Workshop wrap up(WBNERR)
Drew McManus said that yesterday he participated in a pollinator workshop where he gave a presentation on establishing a pollinator garden on conservation land, permitting, and promotion of pollinated grass. It went very well and he took about 20 participants to tour the community garden site, and the pollinator gardens at Jehu Pond. He said it was very well received. He noted Waquoit Bay has a lot of great programs and workshops. He recommended the commissioners sign up for their emails.
Agent McManus said last Tuesday night he attended a meeting of the Community Preservation Act. Two applications were submitted to the committee for acquisition of properties that are up for sale. One borders the Mashpee River across from Washburn Pond and the other within the boundaries of the Mashpee National Wildlife Refuge. If they approve them they will put them on the upcoming town meeting. Both parcels would be desirable parcels to have. He recommended a letter be drafted supporting the purchase of these two parcels. Drew would draft the letter for the commissioners’ signatures.
10-A Float Docks. Continuing discussion on proposal for grandfathered permitting procedure.
Agent McManus brought the commissioners up to date on the 10A Floats. He proposed that the owners of the docks submit an application for an RDA to attend a hearing. Once submitted along with the application fee, he would do an inspection and if any portion of the dock doesn’t meet the design specifications or if any portion of the dock that would represent a violation of the wetlands protection act, he would bring it to the homeowners’ attention and let them know what they need to do to meet the requirements. If the dock meets the performance standards, the commission would review the request for determination and if the commission issues a negative determination then the homeowner can take the local conservation permit and go to Chapter 91 to get a simplified license from the state. That would bring
the homeowner in full compliance of the wetlands protection act with the understanding that there would be certain conditions. All dock owners who have been paying 10-A Float fees must produce documentation that they have been paying these fees from the Harbor Master.. Other conditions would be that the property address be permanently affixed to the float (if present) and walkways and any 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. Doing research of the chapter 91 regulatory language this is a recommended approach. It does not require engineered plans, a much simpler plan is acceptable. This is a procedural pathway to bring these docks into compliance. It does not apply to any other dock owner who has not paid 10A
float fees or has a dock in the water that has no previous history. It is for homeowners who have documented evidence that they have been paying 10A float fees. Following a discussion, it was agreed that the conservation commission would keep separate files on these applications on the docks. Homeowners will be notified that they need to follow the simplified Chapter 91 rules for docks. Agent McManus recommended the commission take a vote.
Public
John Harris stated some residents are in the same circumstance. They were told by the harbormaster what they need to do is apply for a 10A float. They filled out applications and paid their fees. This year the harbormaster has told them they are docks and said they would appreciate it if the commission would allow them to go through the process and do what they need to do.
Mr. Shaw moved the process for the 10A floats as Agent McManus has described in detail. Seconded by Mr. Anderson. Vote unanimous 5-0.
Back to Hearing
6:21 Hearing
Christopher M. Buckley, 26 Spoondrift Circle. Proposal to remove two trees. RDA
Mr. Buckley showed the photos of two trees he would like to remove.
Agent McManus stated the resource area is the buffer zone to coastal bank. The two trees are close to the house and both are infested with bark beetle. They represent a hazard and he recommended they come down.
Mr. Shaw moved for a negative determination. Mr. Rogers seconded. Vote unanimous 5-0
Mr. Shaw moved to adjourn the meeting, seconded by Mr. Rogers. Vote unanimous. Meeting adjourned at 7:55 p.m.
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