Conservation Commission
Minutes of January 23, 2014
Public Hearings
Mashpee Town Hall
Ockway Meeting Room
Commissioners: John Fitzsimmons, John Rogers, Robert Anderson, 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: January 9, 2014
Motion: Brad Sweet moved to approve the minutes of January 9, 2014 seconded by John Rogers. Vote unanimous. 4-0
Request to extend OOC’s to February 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 another 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 February 24, 2014. They are meeting with the abutters to avoid an appeal.
Motion: Mr. Sweet moved to extend the Orders of Conditions to February 24, 2014, seconded by Mr. Rogers. Vote unanimous.
Updates on NE Cottontail work. Jehu Pond CA- print out copies of the latest USFWS
Agent McManus updated the commissioners on the additional work taking place in the Jehu Pond Conservation area as far as fire breaks and prescribed burning. He provided input based on his last site visit. He asked that the workers drop trees at either end of the fire breaks so vehicles don’t get the impression that these are new roads. He also suggested they put up some signage where the cottontail work is going on with a contact number for the public in case they have any questions. The activity should begin within the next couple of months but will let the commissioners know.
6:00 Brenda J. Clermont, 1 Sunset Circle. Proposed seasonal dock. RDA
John Harris to represent applicant not present – Hold to end of Agenda
6:03 Robert J. and Heather Shanahan, 72 Spoondrift Way. Proposal to demolish an existing structure and construct a new single family dwelling. At request of Engineer, continued from 12/12/2013 to allow for major plan revisions. NOI
Resource Area: Buffer Zone to Bordering Vegetated Wetland and Coastal Bank
Material Submitted: Plan 72 Spoondrift Way, BSS Design Engineering Plan dated 11/24/13, Mitigation Plan.
Mr. Jack Vaccaro, BSS Design, was present to represent Mr. and Mrs. Shanahan. This project was brought before the commission on 12/12/13. It was apparent through the discussion, the commissioners felt the application didn’t demonstrate a compelling need to bring construction as close to the wetland as proposed in the original filing so they agreed to ask for a continuance to make significant changes.
Mr. Vaccaro reviewed the new plans. One showed the existing conditions and the other plan showed the proposed plan. They redesigned everything to stay outside of the wetland with the exception of a small portion of the patio and a bit of the retaining wall. He said by moving the building back and reducing the footprint and making changes to the pool patio they did reduce the mitigation requirement. Under the new proposed design the mitigation planting requirement was 859 sq feet and the mitigation plan submitted to support the current application shows a total planting area of 930 square feet. The project satisfies all the performance standards related to construction of in the buffer zone. He felt they came up with a good solution for the applicant and the town of Mashpee.
Agent McManus read the Board of Health comments. The application has been submitted and under review. He said as far as his comments for the house, he felt they have accommodated the concerns of the commission. They have kept it outside of the 50 foot setback. The pool patio area is predisturbed (landscaped). He said the planting plan is good and recommended a close and issue.
No Comments from the public.
Motion: Mr. Sweet moved to close and issue, seconded by Mr. Rogers. Vote unanimous. 4-0
6:06 Lorna C. Ibbitson, 55 Pond Circle. Proposed Seasonal Dock RDA
Resource Area: Land Under Waterbody (Johns Pond)
Material Submitted: 55 Pond Circle, Map Parcel 74A, Hand drawn sketch of dock
Lorna Ibbitson was present to explain her application. She was applying to replace her 10A float with a small seasonal dock. She has been paying for a 10A float when it was actually a dock. Agent McManus reviewed the conditions that go along with having a permit for a seasonal dock. The applicant has to apply for a Chapter 91 license under the State. The home address must be displayed on the dock in perpetuity. He noted the float is still in the water for inspection purposes and it is a seasonal dock and he recommended a negative determination
No comments from the public
Motion: Mr. Sweet moved a negative determination, seconded by Mr. Rogers. Vote unanimous. 4-0
6:09 Gooseberry Island Trust, Punkhorn Point Road. Request Permission to allow for road grading and maintenance (after the fact).
Mr. Matthew Haney was present representing the Trust. He gave a background of Punkhorn Point Road which is an access road put in by the owners over 100 years ago. He explained the Town of Mashpee put Punkhorn Point Road on the no plow list. The town policy states unpaved roads must be graded and in good condition. The Trust graded and replenished the road with crushed stone/clamshells so the town will plow the road.
Agent McManus said he went out to the site and reviewed the photos. He indicated where the re-grading took place. He stated the road is open to the public. In terms of the authority to do the work, he spoke with town counsel. He said as along as the road was not made impassible it is not the purview to consider, it is a civil matter. The commission doesn’t get involved except in cases where a project impacts resource areas under the wetlands impact act. Agent McManus said he understands there was some damage to vegetation during the re-grading process but as far as the road work itself and any impact to land subject to coastal storm flow or buffer zone to salt marsh and bordering vegetated wetland, there was zero impact. That is why the Agent recommended coming forward with an
RDA. He recommends a negative determination (notwithstanding any input to damaged vegetation) because he could not find any significant impacts to the resource areas where this road work took place.
Comments from the public
Theresa and Donald McCloud, abutters, were present. Theresa commented and said she had no idea this was going on. She didn’t understand why the road now has to be plowed. She had pictures of the damaged vegetation and shared them with the commissioners. Donald McCloud gave the history of Gooseberry Island and the access of the road. He said the footprint of the road has been widened from 8 feet to 15 feet wide. An evergreen tree has been knocked down. Dr. McCloud said the town has been plowing the road up to the abutters driveways and didn’t understand why Mr. Haney wanted
it plowed to the end. There was much discussion between the McClouds and Mr. Haney.
Mr. McManus noted some shaved off roots along the expanded footprint and scouring damage towards the end and felt it should be mitigated for.
Mr. Haney explained the road is slanted and they had to grade it. He would be happy to do mitigation. Some of those trees are on private property and that homeowner is not present at the meeting. Mr. Haney would need permission from the homeowner to do mitigation.
Mr. McManus felt it would be prudent to bring the other homeowner in and
get their opinion of what they would like to be done. The damaged vegetation is not on conservation land, it is on private property. Following a discussion, Mr. McManus suggested continuing this until the other homeowner can provide some input into what he feels needs to be done. Mr. Haney should have come forward to the commission for the road work, but it is a civil matter. Mr. Haney said he would be happy to replace the cedar tree.
Mr. Haney gave the history of Gooseberry Island.
He said the road predates all of the houses in the neighborhood. The road was actually a dividing line. In the early 80s they paved the road. The trust has the right to maintain the road because it is the access road to the island.
Agent McManus stated his original recommendation was to issue a negative determination with the hopes the property owners can work it out. If the property owners feel there needs to be mitigation they can approach the department. He explained that the work conducted did not violate the performance standards of the flood zone and recommended a negative determination under the wetlands protection act. This is a civil matter not to be brought before this board, only the environmental impacts of what took place, which is what the commission are charged to protect.
No further comments from the public.
Motion: Mr. Sweet moved a negative determination, seconded by Mr. Anderson. Vote 4-0.
6:00 Hearing (continued from beginning of hearings)
Mr. Harris was present representing Mr. Clermont who is in Florida. Mr. Clermont had a 10A permit. His seasonal dock is in the water two or three months a year which rolls in and out. He will also apply for a Chapter 91 approval.
Agent McManus recommended a negative determination.
Motion: Mr. Sweet moved a negative determination, seconded by Mr. Anderson. Vote was unanimous.
South Cape Beach Project (Mashpee DPW) adding parking spaces on back side of lot. Have commission decide if this should be a new NOI or AOC request.
Agent McManus stated the Commission had approved the project but DEP appealed. We had an onsite review with DEP, DPW, and the Town Manager. Catherine Laurent from DPW asked should it be an amended order or a Notice of Intent. He recommended an NOI. The commission agreed with this recommendation.
Motion: Mr. Sweet moved to adjourn the meeting, seconded by Mr. Rogers. Vote unanimous. Meeting adjourned at 7:10 p.m.
Respectfully submitted,
Judy Daigneault
Recording Secretary
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