Conservation Commission
Minutes of January 9, 2014
Public Hearings
Mashpee Town Hall
Ockway Meeting Room
Commissioners: John Fitzsimmons, Ralph Shaw, John Rogers, Robert Anderson, Brad Sweet and Louis DiMeo (Associate Member)
Note: Ralph Shaw arrived during the 6:09 Hearing
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: December 12, 2013
Motion: Brad Sweet moved to approve the minutes of December 12, 2013, seconded by John Rogers. Vote unanimous. 4-0
Administrative Approval Request: 43-2572 (10 Stanley Road)
Bob Hackett, homeowner, was present. Agent McManus explained this project was approved previously by the Commission and Mr. Hackett was present tonight to request changes to his original request which were an addition of a fireplace with foundation located along the northwest side of the proposed house, the addition of a stoop with a roof overhang located along the south east side of the proposed house and the relocation of the 1” wide house overhang located on the northwest side of the proposed house to the south east side of the house. Agent McManus stated all three requests are minor in scope and there is no additional disturbance to any vegetation and recommended the approval of the administrative request.
No Comments from the Public
Motion: Mr. Sweet moved the approval of the administrative request for 10 Stanley Way, seconded by Mr. Rogers. Vote unanimous 4-0.
Request to extend OOC’s to January 24, 2014: SE 43-2743/118 Shore Drive West; SE 43-2744/124 Shore Drive West; SE 43-2745/126 Shore Drive West.
Agent McManus stated this is a 4th request to extend the Order of Conditions for the three Seaside Residents on Shore Drive. The permit numbers are 43-2743, 2744 and 2745 for 118, 124, and 126 Shore Drive West. These are the Orders for Conditions that have not been issued and approved by the Commission. They are requesting an extension to January 24, 2014.
Motion: Mr. Sweet moved to extend the Orders of Conditions to January 24, 2014, seconded by Mr. Rogers. Vote unanimous.
HEARINGS
6:00 Richard J. and Janet M. Cleary, 16 Spoondrift Way. Proposal to demolish and existing structure and construct new single family home as well as install new Title V septic system. NOI
Resource Areas: Land Subject to Coastal Storm Flow, buffer zone to coastal bank, salt marsh, Land Under Ocean, Isolated Land Subject to Flooding.
Materials Submitted: 16 Spoondrift Way, Natural Heritage Endangered Species Map, Google Earth Imagery, Certified Plot Plan prepared by Costa Associates, Inc. dated 11/11/13.
Matthew Costa, Costa Associates, was present to represent the applicants. He explained the proposal is to raze the existing single family home, construct a new single family home with attached garage and install a new Title 5 septic system and to remove existing shed and remove a portion of existing deck . He reviewed the project they were proposing. Along with the work, they were also proposing to remove a small portion of the existing deck located along the waterfront along the bulkhead. A portion of the deck is over the property line and they would like to move it back so it would be within the property line. They are proposing to construct the dwelling on a crawl space and they will be adhering to building code standards. He referred to the plans in the packet and will be maintaining the required
amount natural vegetation on the lot as per Reg. 25 (Land Subject to Coastal Storm Flow). He said they have done the calculations for the mitigation requirements and have proposed a mitigation plan. He referred to his narrative that was submitted for this hearing. It was noted this project had the approval of the Planning Board pending approval by the Conservation Commission.
Agent McManus read the comments from the Board of Health for the Title V septic system The property is predisturbed which is the purpose for the waiver requirement. The percentage of the lot will remain in a naturally vegetated state, that condition has been met. There is no rare species habitat, there is no encroachment into isolated land subject to flooding. The project meets the performance standards for that resource area. He said it meets all of our regulatory performance standards and recommended to close and issue.
No comments from the public
Motion: Mr. Sweet moved to Close and Issue, seconded by Mr. Rogers. Vote unanimous. 4-0
6:03 Adam P. Marx, 29 Pond Circle. Proposal to expand existing deck and construct a stone patio. Continued from 12/12/13. Homeowner requested continuance to allow for revisions to proposal. RDA
Resource Area: Buffer zone to bordering vegetated wetland/Land Under Waterbody
Material Submitted: 29 Pond Circle, Sketch of Property
Adam Marx, homeowner was present. He explained he was planning to add an additional 12 x 8 deck to the existing deck. The deck will have steps down to a newly added patio. The patio will be graded and stone framed and finished with Pennsylvania blue stone. The deck will be finished with store bought material.
Agent McManus said he had an issue with the bordering vegetated wetland associated with John’s Pond. He said anything proposed will go within the 50 foot setback and under the regulations whenever you are proposing to encroach within 50 ft of a resource area, it triggers a mitigation requirement. For every 5 feet there is a certain square footage requirement that you have to put in. There is good opportunity to put shrubs and some plantings in the area to compensate for the patio and deck. He said he and the homeowner could work on a landscaping plan. Agent McManus recommended a negative determination.
No Comments from the public.
Motion: Mr. Sweet moved a negative determination, seconded by Mr. Rogers. Vote unanimous. 4-0
6:06 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. Continued from 12/12/13 Homeowner requested continuance to submit landscape plan and NHESP letter. NOI
Resource Area: Buffer zone to inland bank
Material Submitted: 66 Pimlico Pond Road, LC Plan 12101C of Property
Joseph Dick (Landscape Architect) was present representing the applicants.
Agent McManus reviewed the information that was first presented on December 12. At that time, we hadn’t received a letter from Natural Heritage. We did receive the letter and they approved the project. Also a landscape plan is what is being presented tonight. Joseph reviewed the landscape plan and what he was proposing which included bayberry, mature plant stocks with a mixture of blueberry and chockberry and that they are reducing the lawn area.
Agent McManus stated this was a good plan and has a species composition that we have on our conservation plant list. He recommended bearberry for a stabilizing vegetation. There is no disturbance of any natural vegetation. The landscape plan combined with the drywells adequately addresses concerns with runoff making its way down the bank and causing any erosion issues. Mr. McManus read the Board of Health comments which approved a conventional title V septic system to accommodate a 4 bedroom dwelling. He recommended a close and issue for the house and landscaping plan.
No comments from the public
Motion: Mr. Sweet moved to close and issue, seconded by Mr. Rogers. Vote unanimous. 4-0
6:09 Shoestring Bay Nominee Trust, 21 Frog Pond Close. Proposed improvements to an existing marina. Continued from 12/12/13 - Commission requested continuance to allow for Board/public review of storm water report, revised NOI and narrative.
Resource Area: Land Under Ocean, Land Subject to Coastal Storm Flowage, Coastal Bank, Bordering Vegetated Wetland, Rare Species Habitat (NHESP)
Material 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.
Agent McManus explained the Commissioners had time to review the materials submitted during the December 12 hearing. We did receive a letter from National Heritage and they approved the project. He asked the consultants to provide some more detail on the dredging and he wanted to have some assurances that there will be a siltation curtain and they have provided that information and a siltation curtain will be part of that activity to lessen any affects on the resource areas nearby.
Susan Nilson informed the Commission they met with the Board of Health. Their concerns were more about the pressure wash and they described to them in detail the proposal and the Board of Health is satisfied with the boat washing aspect of the project.
Agent McManus stated we received a letter from Natural Heritage as well as Marine Fisheries both of whom have a similar or same criteria that that Regulation 20 would require for submission of a wildlife habitat evaluation and felt it would be redundant to request an additional wildlife habitat evaluation because it has already been addressed by those two agencies. He recommended the waiver be approved from regulation 20 requirement. The last issue was getting clarification on the commission’s request on the encapsulation of the existing floats. The new floats are going to be encapsulated during a 5 year time period and he would recommend that time period which could be added to the Order of Conditions if approved.
Agent McManus recommended a close and issue. They have met all the requirements and have submitted additional comments as requested.
Commissioner Brad Sweet excused himself from voting on this project since he is a friend and neighbor of the applicant.
There was a discussion on the 5 year timeline for requiring all floats to be encapsulated and whether or not this would be setting a precedent for other dock projects (specifically, those with exposed styrofoam on the float). Drew McManus felt he didn’t think it would set any precedent and each future case would be evaluated on the existing conditions
Tim Leedham Trustee for Shoestring Bay and Susan Nilson reviewed some points discussed at the December 12 hearing on the boat slips, dredging, and boat wash station.
Mr. Leedham said they want to get the immediate basin area cleaned up and also replace the broken ramp.
Agent McManus stated the Commission has 21 days from receipt of an application to issue an order of conditions whether it is an approval or denial. Once the issuance is made and documented, a 10 day an appeal period starts. After those 10 days, the applicant can take the order of conditions and get it recorded at the Registry of Deeds. From the day of issue, they have three years to get the project completed. If something happens they don’t get the project completed in three years, they have the right to extend the project for an additional three years. There is no upward limit but each time it is extended the scope of the project cannot change.
Public
John Fitch, Atty., representing abutters, stated they want to be good neighbors. The abutters are concerned with the impact of the new ramp and the turn of the boats in front of the neighbor’s dock. He asked this project be continued so these concerns could be addressed. Drew McManus noted the harbormaster, the shellfish warden and waterways also signed off on this project. Mr. Leedham explained they are aware of the situation and the residents next door. He noted on the map the details of the operation and how the boats will be coming in under the new construction. He understands their concerns and stated he wants to work with everyone and wants to mitigate all of these issues. Mr. Fitch said they haven’t had the opportunity to sit down and talk because he hasn’t had time.
Mrs. Quinn, neighbor, expressed her concerns with the boats coming in in front of her dock. Mr. Leedham reviewed the process again with her. Drew McManus said it has been demonstrated by the applicant that the way the boats come in and out of this area remains the same and if any thing that condition is being improved by the proposed design. It is the purview of the board to review the environmental concerns and impacts. This project has been reviewed by the harbormaster and waterways both of whom are charged with navigational concerns and have not submitted any comments for this board to consider. He said the neighbors had more than enough time to review the plans but could have discussions with Mr. Leedham and asked the commissioners to move forward with the vote.
No further comments from the public.
Motion: Mr. Rogers moved to close and issue, seconded by Mr. Anderson. Vote 4-1-1. Mr. Dimeo, yes; Mr. Anderson, yes; Mr. Rogers, yes; Mr. Fitzsimmons, yes, Mr. Shaw abstained, Mr. Sweet excused himself.
6:12 Heather and Robert J. Shanahan, 72 Spoondrift Way. Proposal to demolish an existing structure and construct a new single family dwelling. Continued from 12/12/13. Commission not satisfied proposal meets criteria for waiver request. Engineer to submit revised plan. Engineer requests continuance to 1/23/14 to allow for major plan revisions. NOI
Motion: Mr. Shaw moved to continue the hearing at the request of the applicant to January 23, 2014 at 6:03, seconded by Mr. Rogers. Vote unanimous 5-0.
6:15 Ann Marie Dumais, 372 Monomoscoy Road. Proposed construction of a pier ramp and float. Engineer requests continuance to March 13, 2014. to resolve issues. NOI
Motion: Mr. Shaw moved to continue the hearing at the request of the engineer to March 13, 2014 at 6:00 p.m., seconded by Mr. Rogers. Vote unanimous 5-0
6:18 Maria A. Ballard, 1 Quashnet Road. Proposed removal of hazardous tree, prune other trees. RDA
Resource Area: Buffer zone to inland bank associated with Washburn Pond
Materials Submitted: Aerial Photo 1 Quashnet Road
Mrs. Ballard was present.
Agent McManus noted the tree on the photo. A large branch is already fallen off and it is clearly dead. Mrs. Ballard has hired a contractor, Quality Tree, to remove the remainder of the tree with additional pruning to remove branches that are growing over the house which present a hazard to the roof and recommended a negative determination.
No comments from the public.
Motion: Mr. Shaw moved a negative determination, seconded by Mr. Sweet. Vote unanimous 5-0
6:21: Thomas M. and Charlotte Beaudry, 138 Santuit Lane. Proposed improvements to an existing driveway. RDA
Resource Area: Buffer zone to inland bank associated with Santuit Pond.
Material Submitted: 138 Santuit Lane, Sketch of 138 Santuit Lane
Mr. Beaudry , homeowner, explained his project was to excavate at least 6 inches of material from existing driveway and to replace with compacted recycled asphalt in preparation for paver type driveway surface later in spring or summer of 2014. Agent McManus said as long as paver is pervious or semi pervious so that it does not result in a dramatic runoff towards the pond. He recommended a negative determination.
No comments from the public.
Motion: Mr. Shaw moved a negative determination, seconded by Mr. Sweet. Vote unanimous 5-0.
6:24 Norman J. Aubert, Jr. 39 Sunset Circle. Proposed season dock. RDA
Resource Area: Land Under Waterbody (Johns Pond)
Materials Submitted: 39 Sunset Circle, Sketch of Dock, Assessors Map 64, Parcel 27,
Mr. Walter Phillips, 32 Sunset Circle, who lives across the street from Mr. Aubert was present. He explained in 2008 he applied and received a 10A permit for a seasonal dock and has paid the fees since that time. He said with the change of personnel and change of opinions about 10A float docks it has been recommended to apply for an RDA.
Agent McManus noted this is the first application that has come in since he recommended the permitting pathway for the people who have been paying for 10A float permit fees for their docks. They are not floats, they are seasonal docks. He has asked they come in with an application with an RDA permit request. Mr. Phillips does have permission from the homeowner to have a dock at this property and the property owner did submit a letter stating this. Drew said these RDA permits are not transferable when the home is sold and if the RDA is approved the applicant needs to apply for a Chapter 91 Simplified License which is also not transferable. He recommended a negative determination.
No comments from the public.
Motion: Mr. Shaw moved a negative determination, seconded by Mr. Sweet. Vote unanimous. 5-0
6:27: John O. And Ethel F. Harris, 107 James Circle. Proposed seasonal dock.
Resource Area: Land Under Waterbody (Johns Pond)
Materials Submitted: 107 James Circle, Assessors Map 64, Photo and Sketch of Dock
Mr. John Harris was present to explain his application for a temporary dock and that he has been paying his fees for a float and that Drew suggested we go thru this process.
There was a discussion regarding the seasonal docks and the process used to remove the docks for the winter.
Drew stated if approved the applicant has to go thru Chapter 91 and that the permit is non transferable and recommended a negative determination.
No comments from the public.
Motion: Mr. Shaw moved a negative determination, seconded by Mr. Sweet. Vote unanimous 5-0
Violation 42 Fells Pond Road – Lando/Lopez Property
Agent McManus informed the commission he will be meeting with homeowner on January 13 regarding the violation of the removal of sand and vegetation at this property. Chairman Fitzsimmons will also attend this meeting.
Full Time and Associate Members. Agent McManus announced there are still openings on the Conservation Commission for both permanent and associate members.
Updates on NE Cottontail Work: State, Federal, and Mashpee ConCom lands.
Agent McManus gave an update of the work being done on conservation land in town by the State and Federal Government thru grants to preserve the cottontail. Land included in the restoration is the Mashpee Pine Barrens, a section of the Mashpee National Wildlife Refuge and tribal lands of the Wampanoag. Some of the activities being accomplished are tree shearing and brush mowing.
Motion: Mr. Shaw moved to adjourn the meeting, seconded by Mr. Rogers. Vote unanimous. Meeting adjourned at 7:35 p.m.
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