Conservation Commission
Minutes of December 12, 2013
Public Hearings
Mashpee Town Hall
Ockway Meeting Room
Commissioners: John Fitzsimmons, Ralph Shaw, Mark Gurnee, John Rogers, Brad Sweet, 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.
No public comment
Pre/Post Hearing Agenda:
Approval of Minutes, November 14, 2013
Ralph Shaw moved to approve the minutes of November 14, 2013, seconded by John Rogers. Vote unanimous. 5-0
Seaside OOC extension request 12-17-13
Agent McManus referred to the request from Seaside for a second extension on their order of conditions. (reference orders: 43-2743, 43-2744 & 43-2745)
Motion: Mr. Shaw moved to grant the request from Seaside Village to extend the order of conditions, Seconded by Mr. Sweet. Vote unanimous. 5-0
HEARINGS:
6:00 Maureen B. and Robert S. Santos, 29 Timberlane Drive. Proposal to install a new Title V Septic System RDA
Resource Area: Buffer zone to inland bank associated with Santuit Pond
Materials Submitted: Plan of 29 Timberlane Drive, CSN Engineering Plan dated 11/1/13
Patrick Sullivan from CSN Engineering was present to represent the Santos. He explained the project was to install a new Title V Septic System. A new septic tank was installed and the old one removed. Agent McManus referred to the Board of Health approval and recommended a negative determination.
No comment from the public.
Motion: Mr. Shaw moved a negative determination, seconded by Mr. Sweet, Vote unanimous. 5-0
6:03 Lenore G. and George F. Travis, 66 Pimlico Pond Road. Proposal to demolish an existing structure, construct a new single family home within same footprint, and upgrade septic, water, electric and natural gas utilities. NOI
Resource Area: Buffer zone to inland bank associated with Mashpee/Wakeby Pond
Materials Submitted: Plan of 66 Pimlico Pond Road. Civil Environmental Engineering Plan dated 12/24/13.
Jack Cauley, Civil Engineering, was present representing Lenore and George Travis. He explained the project was to demolish and re-construct a single family dwelling, upgrading of the sewerage disposal system, water, electric and natural gas. The rebuilding of the house will be larger than the existing house and upland of the inland bank and pond resource areas. He stated that no portion of the new home will be closer to the bank or Wakeby Pond than the existing home. The decks and patios will be the same or a greater distance from the pond and inland bank. All of the work and construction areas will be in the habitat that is previously altered. He said they will submit at a later date a mitigation plan for planting. The mitigation plan will be submitted in a timely manner. He said at this time
they do not have a DEP # nor a response from Natural Heritage. Agent McManus said the DEP # came in today. He said Natural Heritage has 30 days to comment.
Agent McManus clarified the advertisement. He said in the ad the home is proposed to be in the same footprint but that is not the case. This is a larger home, however, it is not encroaching on the inland bank, it is being drawn back. By the regulatory language and the performance standards, none of what is being proposed is going to affect the banks stability and wildlife habitat. This is pending the receipt of a landscape plan. Mr. McManus read the Board of Health comments. It was noted that the new structure will be a four bedroom home and on the Board of Health comments it referred to a 3 bedroom which was a typo. The plan also depicts a 4 bedroom home. He noted nothing can be approved until receipt of the letter from Natural Heritage or the commissioners can approve pending the letter from
Natural Heritage. Mr. Cauley requested a continuance awaiting approval from Natural Heritage, and he would submit a landscape plan.
Motion: Mr. Shaw moved to continue the hearing at the request of the applicant until January 9 at 6:03. Seconded by Mr. Sweet. Vote unanimous. 5-0
6:06 Hearing Douglas A. Semple, 43 Sakonnet Drive. Proposal to pump and fill existing cesspool with sand and upgrade with installation of new Title V Septic System RDA
Resource Area; Buffer zone to Isolated Wetland and Land Under Water Body (Johns Pond)
Materials Submitted: Plan of 43 Sakonnet Drive. Engineering Works Proposed Septic System Upgrade Plan dated 11-14-13
Peter McEntee, Engineering Works was present. He explained the existing house has a cesspool that has failed and they are proposing to put a new title V system in with a soil absorption system outside of the buffer zones. Areas disturbed will be restored with grading as shown on the plan. There are no variances required by the Board of Health.
Agent McManus noted the Board of Health has accepted the plans and he recommended a negative determination.
No comment from the public.
Motion: Mr. Shaw moved a negative determination, seconded by Mr. Sweet. Vote unanimous. 5-0
6:09 Hearing Sarah C. Flynn, 49 Duck Blind Road. Proposal to anchor storage shed onto pressure treated wood floor on top of poured concrete footings. RDA
Resource Area; Buffer zone to Land Under Water Body (Johns Pond)
Materials Submitted: Plan of 49 Duck Blind Road. Site Plan of Deck Expansion.
Jim Lamb, Barnstable Contractor was representing Sarah Flynn. He explained the project was to build a 12 by 20 shed. Agent McManus indicated on the photos where the shed was to be located. He said there is no bordering vegetated wetland on the site. He didn’t see any adverse impacts associated with the water quality/wildlife habitat and didn’t anticipate any removal of any large trees. Agent McManus recommended a negative determination.
No comment from the public
Motion: Mr. Shaw moved a negative determination, seconded by Mr. Sweet. Vote unanimous. 5-0
6:12 Lisa M. and Michael P. Serabian, 306 Monomoscoy Road. Proposed brush clearing and tree removal of dead/hazardous trees. RDA
Resource Area: Land Subject to Coastal Storm Flow (Landlocked lot)
Materials Submitted: Plan of 306 Monomoscoy Road. Tree Removal Plan.
Michael Serabian, owner of the property, was present. He explained the tree removal and brush clearing was to remove dead and hazardous trees over power lines and also ones that were encroaching on the existing house and future deck as well as to create a view corridor and provide areas for future plantings. He was requesting to remove 6 pitch pines and half of the existing 22 oaks, several of which are dead, dying, broken or hazardous. He would grind the stumps and remove debris from the site. He also wanted to take out the existing undergrowth of fern, poison ivy, buff briar and viburmum and apply 3 inches of aged wood chips or bark mulch to the disturbed area. Agent McManus stated the lot does not directly border any wetland areas. It is a landlocked lot. He noted the trees in the tree
removal plan and cited regulation 25 (Land Subject to Coastal Storm Flowage-landlocked lots within the flood zone-10% of lot must remain naturally vegetated). The work is partially for landscaping reasons and also to obtain some view to the water. He recommended an RDA because it is outside of 100 feet from any bordering vegetated wetlands. He recommended a negative determination. Agent McManus also noted if any further landscaping is going to be done in this area, the applicant would have to come back to the commission. Agent McManus advised the owner to make sure the trees are not cut during the growing season. He said the owner should advise the arborist to make sure the trees are cut during the non growing season.
No comment from the public.
Motion: Mr. Shaw moved a negative determination, seconded by Mr. Sweet. Vote was unanimous. 5-0
6:15 Nancy A. Hood, 222 Monomoscoy Road. Proposal to install and maintain stone gabions along 60 feet of coastal bank, 4-foot wide stone steps and approximately 400 square feet of native buffer plantings.
Resource Areas: Coastal Bank, Land Subject to Coastal Storm Flow, buffer zone to Bordering Vegetated Wetland and Land Under Ocean.
Materials Submitted: Plan of 222 Monomoscoy Road, Holmes and Mcgrath Engineering Plan dated 11/12/13
Tim Santos, Holmes and McGrath, was representing Nancy Hood. He said in 1997, an order of conditions was issued for the existing gabions to help protect the bank along the northern portion of the river. They are proposing to continue the gabions around to the southern portion to help protect the bank and the vegetation. They are also proposing to install approximately 400 square feet of native shrubs. He believes the project meets the performance standards. Agent McManus said it is a pre 1978 structure therefore according to the regulatory language, it is allowed to be armored in the interest of storm damage prevention. He did mention some of the areas are devoid of plantings and recommended that plantings be put in place to stabilize the work. He noted the area where there has been a lot of washout
and that is where the gabion wall will be connected with the stone steps. That, in combination with the mitigation plantings, should help to alleviate the washout area. He recommended to close and issue.
No comments from the public
Motion: Mr. Shaw moved to close and issue, seconded by Mr. Sweet. Vote unanimous. 5-0
6:18 Adam P. Marx, 29 Pond Circle. Proposal to expand existing deck and construct a stone patio RDA
Agent McManus informed the commissioners that the applicant has requested to continue their hearing until January 9, 2014 at 6:00 p.m.
Motion: Mr. Shaw moved to continue the hearing until January 9, at 6:00 p.m. at the request of the applicant, seconded by Mr. Sweet. Vote unanimous. 5-0
6:21 David Blesoff, 63 Pickerel Cove Circle. Proposal to remove decaying and hazardous tree leaning precariously toward an abutting dwelling RDA
Resource Area; Top of Inland Bank
Materials Submitted: Plan 63 Pickerel Cove Circle. BSS Design Plan: Certified Foundation Plan dated 3/26/98 w/ hand drawn proposal. RDA
David Blesoff, owner, described that he wished to remove one tree which contains considerable advanced decay at its base and represents a threat to the abutting residence and to the safety of its occupants. Agent McManus said the tree lies within close proximity of the inland bank associated with Mashpee/Wakeby Pond. The photo shows the decay of the tree and he recommended a negative determination.
No comments from the public.
Motion: Mr. Shaw moved to issue a negative determination, seconded by Mr. Sweet. Vote unanimous. 5-0
6:24 Shoestring Bay nominee Trust, 21 Frog Pond Close. Proposed improvements to an existing marina. NOI
Resource Areas: Land Under Ocean, Land Subject to Coastal Storm Flowage, Coastal Bank, Bordering Vegetated Wetland, Rare Species Habitat (NHESP)
Materials Submitted: cle engineering plans dated 11/15/13, which included plans of existing condition, proposed site plan, proposed timber bulkhead and timber float plan, proposed boat ramp and profile and typical section and recycling power wash pad plan
Susan Nilson, CLE engineering was present to represent Shoestring Bay Nominee Trust. She distributed additional information to the commissioners. She provided an overview of the existing marina and stated they are looking to do maintenance to the bulkhead as it is in a deteriorated condition. They also wanted to relocate the boat launching ramp and incorporate a boat wash station. Also included is the reconfiguration of the floating dock. This area was dredged in 1970 and they would like to do some maintenance and new dredging. It is critical in order to maintain the marina operation in order to have sufficient water. All dredging materials are proposed to be used on site. She spoke about the reconstruction of the timber deck and relocation of the fuel shed. She provided a
stormwater report. They have a stormwater prevention pollution plan that is on file. They recognize they need to address regulation 20 for the wildlife habitat assessment and requested a waiver from Reg 20. They have filed with the Natural Heritage and are awaiting their reply. Agent McManus said there is a lot of information that was submitted after the NOI application was submitted, thus there was very little time to review the new materials. The stormwater and the narrative language that was submitted today should have been included with the application. He reviewed the comments from the harbormaster which is to encapsulate exposed Styrofoam. All new floats will be encapsulated and the existing floats must be encapsulated over a 3 year period or other negotiated period of time. He noted this should be added to the regulatory language. He said it doesn’t have to happen all at once but the floats need to be encapsulated
over time. Agent McManus said overall it is a great project. The bulkhead is in serious need of repair as is the ramp. He asked for more detail on how the boat launching and recycling boat wash area. Susan Nilson spoke to this. Agent McManus said they are not required to go to the Board of Health but the Board of Health agent did have concerns. Susan said she would provide information to the Board of Health. Agent McManus said every concern he had they have answered. He said as presented it meets the performance standards. It has the signoff of the harbormaster, shellfish warden and waterways commission. He would leave it up to the commissioners if they wanted more time to review the information. Mr. Sweet said he walked the site and it helps you understand the project. Agent McManus said it may be a good idea to continue the hearing to allow the commissioners time to review the material so if they have
additional concerns they can bring them back to the applicant. Drew said he would also encourage a site visit. Tim Leedham, Trustee of Shoestring Bay and owner of the property and president of Mashpee Neck Marina said the area is the lowest point between the neighboring properties.
Public
Tom Flynn, Cove Realty Trust, stated his concerns with the roadway. It is a private road. His concern was who was going to be liable for the road. He said he likes the project and the marina. Tim Leedham addressed his concerns. He noted the majority of the bigger boats stay on site year round and the smaller boats do leave for the winter. They are very cognizant of the area and go out of their way to keep everything neat and clean. Drew McManus noted that it is a civil matter and hopefully the residents and the owner of the marina can discuss it. Tom Semino, an abutter, said the applicant has done a superior job but he has a lot of questions regarding the project. Chairman Fitzsimmons said he was welcome to come to the office to review the documents.
Motion: Mr. Shaw moved to continue the hearing at the request of the applicant until January 9 at 6:06 p.m., seconded by Mr. Sweet. Vote unanimous. 5-0
6:27 Alycia and Michael E. Markowski, 47 Redwood Circle and 51 Redwood Circle. Proposal to expand deck and garage, install new driveway and remove hazardous trees NOI
Resource Areas: Riverfront, buffer zone to Bordering Vegetated Wetland and inland bank.
Materials Submitted: Plan 47 Redwood Circle. Proposed Site Plan, Bracken Engineering dated 11/5/13.
Zack Basinski, Bracken Engineering, was representing Alycia and Michael Markowski. He explained they were asking for approval to add an addition to the house and modify the existing garage. The existing parcels were created in 1972, the house was constructed in 1987 and the Markowski purchased the property in 2006. The applicants are requesting to construct an addition in the deck footprint and the second addition is to expand the garage. They will be modifying the driveway slightly. Based on the project they have met the performance standards. There is no proposed change in the septic system. Agent McManus said a portion falls in the National Heritage jurisdiction and a letter should be coming in soon. He recommended any decision the commissioners make would be pending on their
letter. The project does meet the performance standards for riverfront and there will be no adverse impacts to the BVW or inland bank. This project will result in an improvement to the existing conditions. Agent McManus said the other part of the project is the removal of trees behind the shed. These trees represent a hazard to the shed and the house and he endorsed their removal. The narrative was very comprehensive and suggested they touch base with the Board of Health. Agent McManus recommended to close and issue.
No comments from the public
Motion: Mr. Shaw moved to close and issue, seconded by Mr. Sweet. Vote unanimous. 5-0
6:30 Susan G. and Lawrence E. Johnson, 408 Monomoscoy Road. Proposal to constructs additions to an existing dwelling and decks. NOI
Resource Areas: Land Subject to Coastal Storm Flow and buffer zone to Bordering Vegetated Wetland.
Materials Submitted: BSS Design Engineering Plan dated 11/15/13, Buffer Strip Restoration Plan dated 11/28/13
Jack Vaccarro, BSS Design, was present representing Susan and Lawrence Johnson. He explained the project includes a sunroom addition which is to be built within the footprint of an existing deck and includes enlarging the remaining portion of the rear deck with a small cantilevered deck addition. He explained the interior will also be increased slightly with the addition on the south side of the residence. All construction is located within one hundred feet of the wetland areas. Construction will result in the disturbance of less than one thousand square feet of area. He reviewed the construction plan prepared by BSS Design. Jack Vaccarro also reviewed the mitigation plan as shown on the buffer strip restoration plan. Agent McManus said there is request for a waiver because the work is being proposed
within 50 feet of the bordering vegetated wetland. There will be no removal of vegetation and no excavation. A waiver should be accommodated based on the small scope of work being proposed within the 50’ buffer. No disturbances to existing vegetation will happen so the fact they are offering up the compensatory mitigation will only enhance the existing buffer zone. He recommended to close and issue. He referred to comments from the harbormaster that the DEP number is not displayed on the existing dock and that some vista pruning has been done and he can follow up with the homeowners.
Public Comments:
Larry Johnson, owner, asked about pruning. Agent McManus said any pruning within 50 feet with wetlands needs a permit. Agent McManus informed them they have to come back for a permit for a vista pruning. He noted DEP #43-1471 for the owner to display along with property address on their dock.
Mr. Shaw moved to close and issue, seconded by Mr. Sweet. Vote unanimous. 5-0
6:33 Heather G. and Robert J. Shanahan, 72 Spoondrift Way. Proposal to demolish an existing structure and construct a new single family dwelling as well as reconstruct approximately 110 linear feet of an existing seawall. NOI
Resource Area: Buffer zone to Bordering Vegetated Wetland and coastal bank.
Materials Submitted: Plan 72 Spoondrift Way. BSS Design Engineering Plan dated 11/24/13, buffer strip restoration plan dated 11/26/13.
Jack Vaccaro was representing the applicants. It was made known to the commission that there is no sea wall on the property nor is there any proposal to build a seawall. The mentioning of this work in the project description was in error and not part of the proposed work. The property is 1/3 of an acre. The resource areas are a salt marsh and a coastal bank. He explained the proposed project involves the demolition and removal of an existing single family residence and the construction of a new single family residence with driveway and all appropriate utilities. The construction will include disturbance within the 100 foot buffer zone of a salt marsh and coastal bank. It will also involve work within land subject to coastal storm flowage. He explained the construction work will include a
four bedroom residence with an attached garage and swimming pool and patio. He reviewed the mitigation plan of native plantings between the vegetated area and the house as shown on the plan provided. Agent McManus clarified there was a typo. The project is a 3 bedroom house. They are seeking a waiver for encroachments into the 50 foot setback as well as encroachments for the existing footprint of the existing home. The Board of Health said there was no application submitted to them. There is no National Heritage concern. Agent McManus said applicants need to come forward with a landscape plan. He said he would not recommend approval of the application at this time without the possibility of a revised plan. Pushing the house closer to the water is not a good idea in terms of the flooding conditions and the new flood zone maps coming out. He thinks preserving the existing setback of the home is important. The Agent did not
consider the request for a waiver of the requirements to be acceptable due to a lack of demonstrable compelling need to push the proposed footprint of the new home closer to the wetland resource areas. He read letters from abutters – Allen Mickleson, 62 Spoondrift who objected – Mr. Bill Murray, Spoondrift Way, who objected – Kate and Steve Howe, 76 Spoondrift Way, who objected.
Mr. Vaccaro requested a continuance to January 9.
Mr. Shaw moved to continue the hearing at the request of the applicant until January 9 at 6:09 p.m. seconded by Mr. Sweet. Vote unanimous. 5-0
AFCEC estimates for FS-1 removal Quashnet River realignment. Schedule a field trip. Agent McManus said this is an area that Conservation owns north of John’s Pond and since 1999 has been undergoing a groundwater treatment cleanup from a plume that emanated from the Mass Military Reservation. In 1999, the plume was discovered and the pumping treatment plant was erected and treatment has been ongoing ever since. The commission is going to have to make a decision on what to do with the infrastructure that is out there. He spoke about the affects this has had on the Quashnet River. The cost estimate from the Air Force is well over one million dollars. Agent McManus said the next step is to decide what needs to be removed from the site and maybe reconvening the Quashnet River
Group. He would also be scheduling a site visit. He will continue to work on this.
Motion: Mr. Shaw moved to adjourn, seconded by Mr. Sweet. Vote unanimous 5-0 Meeting adjourned 8:35 p.m.
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