Conservation Commission
Minutes of February 13, 2014
Public Hearings
Mashpee Town Hall
Ockway Meeting Room
Commissioners: Mark Gurnee, Brad Sweet, 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 Acting Chairman Mark Gurnee at 5:55 p.m.
There was no public comment.
Pre/Post Hearing Agenda:
Approval of Minutes: January 14, 2014.
Motion: Brad Sweet moved to approve the minutes of January 14, 2014, seconded by John Rogers. Vote unanimous. 4-0.
Administrative Review: Proposed Modifications to previously permitted buffer strip restoration plan for 188 Pimlico Pond Road – DEP File No. SE 43-2721.
Resource Area: Inland Bank/buffer zone to land under water body.
Materials Submitted: Buffer Strip Restoration Plan 188 Pimlico Pond Road, Mitigation
Plant List.
Jack Vaccaro, Vaccaro Environmental Consulting was representing Mr. John Mullen. Mr. Vaccaro stated he was requesting an administrative review of the proposed modifications to the previously permitted and ongoing construction at this site. This would allow the owners to revise the approved buffer strip restoration plan to more clearly address proposed restoration of the inland bank directly below the permitted wall replacement. The restoration includes the removal of all remnants of previous retaining walls, re-establishment of a more natural uniform slope to the edge of the pond and the placement of New England native round stone along the toe of the bank to the water’s edge. They also plan to replant the upper portion of the restored bank with lowbush blueberry to help bind the soil in the area. Jack
reviewed the revised plans with the commissioners.
The Agent noted that the proposal will grade out and make a more uniform slope as part of the shoreline stabilization. Jack stated there were always three walls there and what is being presented tonight are the modifications to the lower wall. The Agent recommended the approval of the administrative request. He said it will enhance the stabilization of the bank and Natural Heritage has already signed off on this project under 43-2721. There will be no removal of any trees and there are also the added plantings to help shore this up. The project meets the performance standards for inland bank.
No Comments from the public.
Motion: Brad Sweet moved to approve the administrative modifications at 188 Pimlico Pond Road, seconded by Mr. Anderson. Vote unanimous. 4-0.
HEARINGS:
6:00 Peter Aledda, 116 Old Brickyard Road. Proposed Tree Pruning RDA.
Resource Area: Buffer Zone to land under waterbody (John’s Pond).
Materials Submitted: Plot Plan of Land 116 Old Brickyard Road.
Sue (friend of Mr. Aledda) was representing Mr. Aledda. She explained there are 5 trees that need pruning to preserve the health of the trees.
The Agent said this house borders John’s Pond. There will be no removal of trees, just maintenance, pruning around the house, which will be contained within the disturbed areas of the property. All of the trees are within the buffer zone and land under waterbody associated with John’s Pond. The Agent reviewed the photographs with the commissioners. SavaTree came out and made recommendations for the maintenance and pruning in the interest of preserving the health of the other trees. The Agent recommended a negative determination.
No comments from the public.
Motion: Mr. Sweet moved a negative determination, seconded by Mr. Rogers. Vote unanimous. 4-0.
6:03 Cabel S. and Joanne E. Davis, III, 230 Surf Drive. Proposed Title V septic system upgrade. RDA.
Material Submitted: Site Plan: JE Landers-Cauley dated 1/23/14, Septic Plan A&K Septic dated 1/23/14.
Resource Area: Buffer zone to freshwater wetland.
Steve Palumbo, JE Landers-Cauley, PE, was representing Mr. and Mrs. Davis. He explained plans call for installation of a new Title V septic system due to a failed septic system. The proposal consists of a pump chamber, D-box and leaching field in the front yard away from the freshwater wetland in the rear. The chamber is 50 feet from the wetland and the leaching field is 117 feet from the wetland.
The Agent noted the approval from the Board of Health for a conventional Title V system with pump chamber to accommodate an existing 3 bedroom dwelling. The existing pit will be abandoned, pumped and filled with clean inert material or removed and disposed of at a suitable landfill. The Agent recommended a negative determination.
No Comment from the Public.
Motion: Mr. Sweet moved a negative determination. Seconded by Mr. Anderson. Vote unanimous. 4-0.
6:06 Charles L. and Ellen Horne, 58 Cayuga Avenue. Proposed Seasonal Dock RDA.
Resource Area: Land Under Waterbody (John’s Pond).
Material Submitted: Sketch of Seasonal Dock.
Chuck Horne, homeowner, explained he has been paying 10A float fees since 2010. He was informed it was not a 10A float so he submitted an application for a seasonal dock. The Agent noted this is another homeowner who has been paying for a 10A float which is actually a seasonal dock. The dock is comprised of prefabricated aluminum parts with supporting legs. The Agent referenced Regulation 27 (Under Ch. 172) concerning docks and piers. These designed standards need to be adhered to and the platform does not meet those standards so it must be removed from the water. He suggested setting the platform entirely on the land. It was also noted that the harbormaster and the conservation commission requires that the home address must be displayed for each portion of the dock that is separable and,
furthermore, the applicant needs to apply for a Chapter 91 license through the State which is good for 15 years.
No Comment from the public.
Motion: Mr. Sweet moved to issue a negative determination with the stipulation that the platform shall be removed from the water. Seconded by Mr. Rogers. Vote was unanimous 4-0.
6:09 Linda Farricy, et al Trustee, 144 Wheeler Road. Proposed demolition of existing structure, construction of new single-family dwelling, and Title V septic System NOI
Resource Areas: Inland bank, buffer zone to Land Under Water Body (Ashumet Pond), buffer zone to Inland bank.
Material Submitted: Site Plan Green Seal Environmental, Inc., dated 1/10/14.
Timothy Bennett, Green Seal Environmental, Inc., was representing the Wheeler Road property owners. Mr. Bennett explained the proposal is to demolish the existing dwelling which is in disrepair and construct a new dwelling 50 feet from the existing structure. The new house will be 728 square feet in footprint - 28 square feet smaller than the existing structure - with a 220 foot deck. The house will sit outside of the 50 foot buffer to the inland bank and the new deck will be 51 feet from the top of the bank. The proposal also includes a new title V septic system which will be located 116 feet from the top of the bank and 171 feet from the pond. Mr. Bennett said that he discussed the septic plan with Board of Health Agent Glen Harrington.
The Agent reviewed the pictures of the property with the commissioners. He said he spoke with Mr. Bennett about the area where they plan to backfill from the demolition of the existing home and if anything is to be done in the area. Ch. 172 Mitigation Regulation requires a submission of a planting plan to show the variety of plantings when there are disturbances within the buffer zone. If grass is to be put in, there are lawn standards. Any trees removed within a 100 foot setback, will trigger mitigation. This mitigation can be proposed through an amended order or an administrative approval which would be up to the commissioners’ discretion. The Conservation Department/Agent has not received a response from Natural Heritage as of yet. The project does meet performance standards for land
under water bodies and inland bank. The new house is located further away from the inland bank. The Agent noted that the Board of Health has nothing on file for the title V system and in the absence of approval from the Board of Health, under section 5, regulation 3, no decision is to be made. The Agent recommended moving for a continuation.
No comment from the public.
Motion: Brad Sweet moved for a continuation until February 27, 2014 at 6:09 p.m. contingent on a letter of approval from National Heritage, an approval from the Board of Health and a landscape plan. Seconded by Mr. Rogers. Vote unanimous 4-0.
6:12 New Seabury Tidewatch Condominium Owners, 94 Shore Drive West. Proposed landscaping consisting of planting trees. RDA
Resource Area: Buffer zone to top of coastal bank (armored).
Materials Submitted. Photographs 94 Shore Drive, Tree Planting Plan 94 Shore Drive West dated 1/31/14.
Don Munroe, Coastal Engineering, representing Tidewatch Condominium owners, explained they are proposing to install nine or ten 7’to 8’ tall white spruce trees on the left side of the property. These trees would be planted in a line. Some trees were already planted on top of the concrete wall adjacent to the Tidewatch property. Mr. Munroe said the trees would be planted around 10 feet from the coastal bank. The Agent expressed his concern with the root system of 20 foot wide trees. Mr. Munroe said he would make the change of maintaining a 20 foot setback from the top of the coastal bank when it comes to tree planting. Mr. DiMeo suggested the new trees be staked to keep them stable and Mr. Munroe said he would suggest it to the property manager. The Agent recommended a negative
determination.
No comment from the public.
Motion: Mr. Sweet moved a negative determination with the provision the plantings would be with a 20 foot setback, seconded by Mr. Rogers. Vote unanimous. 4-0.
6:15 Donald S. Bellis and Susan E. Dacey-Bellis, 150 Waterway. Proposed demolition of existing structure, construction of a new single family dwelling and Title V septic system uprade. NOI
Resource Areas: LSCFS Coastal Bank, buffer zone to BVW/salt marsh/Land Under Ocean.
Materials Presented: 150 Waterway, Landscape Plan, Buffer Strip Restoration Plan, Plot Plan for Proposed House, BSS Design dated 1/31/14.
Jack Vaccaro, Vaccaro Environmental Consulting, was representing Donald and Susan Bellis. The Agent stated that the same situation applies here as did with the preceding Wheeler Road hearing because the Board of Health has not received anything on the proposed Title V septic system. The presentation can go forward but an actual vote will not be taken.
Mr. Vaccaro described the proposed project which involves the demolition and removal of an existing single family residence and the construction of a new single family residence with driveway. The construction will include disturbance within the 100 foot buffer zone of a salt marsh and will involve work within land subject to coastal storm flow. He explained this is a difficult site. The family has unique circumstances that require handicap access in front and to the rear of the property. There will be improvements to the wetland areas as a result of this work. The building will be moved back approximately 13 feet from the wetland. The septic system will be moved 120 feet further back. A stormwater infiltration is also proposed. Elimination of some lawn area and creation of a berm that will be
planted with the appropriate vegetation will provide a more vegetated buffer.
Mr. Vaccaro discussed the handicap access ramp which will allow the children to get from the patio area down to the backyard. This is the only part of the project that is within the 50 foot setback to the wetland edge. In view of this the applicant is requesting a waiver from the regulations which would allow encroachment into the 50 foot buffer. There is also a requirement to provide mitigation. Regulations call for 1200 square feet mitigation required and this plan represents 1500 square feet of mitigation. Mr. Vaccaro said he feels the request for a waiver is warranted.
There was much discussion on the handicap ramp and the plantings. Mr. Vaccaro stated the ramp is an improvement that would be permanent. The landscape architect explained the difficulty in the construction of the ramp due to the slope in the property and the elevation change. The Agent explained he can see an opportunity to dramatically improve the conditions on the property given that turf is going to be removed and a buffer strip is going to be established where there is currently lawn. The Agent felt that the applicant had demonstrated compelling need for the proposed encroachment by virtue of a handicap need. This, coupled with mitigation and the lack of any value associated with the current buffer zone (all turf leading to BVW/salt marsh) clearly warranted the granting of the waiver request. The Agent
noted that the project narrative indicates a proposed 4 bedroom house and the plan indicates 3 bedrooms. Mr. Vaccaro would amend the narrative to reflect 3 bedrooms.
The Agent explained that any improved or new turf needs to adhere to the lawn standards under regulation 33. He also reminded the commissioners that the Board of Health did not submit any comments because they had nothing on file and it has been the commissioners’ purview that no determination should be made until we have official commentary from the Board of Health.
No comment from the public
Motion: Mr. Sweet moved for a continuation to February 27, 2014 at 6:12 p.m. at which time the applicant will present the approval from the Board of Health, clarify the narrative to a 3 bedroom house, and a plan to restore any lawn areas will be in compliance with regulation 33. Seconded by Mr. Rogers. Vote unanimous 4-0.
Candidate for Full Time Commissioner – Dale McKay.
The Agent introduced Mr. Dale McKay, applicant to be a full time Conservation Commissioner. Drew stated he met with Dale in his office and explained what is involved to be a Conservation Commissioner and Dale has submitted a letter of interest. Dale McKay introduced himself and gave his background. He explained his interest in conservation issues and noted he has plenty of spare time. Mr. McKay also noted he has property on John’s Pond. He indicated he would like to have an active role in the Town of Mashpee and its conservation issues. The Agent explained that the commissioners not only attend meetings but also come into the office to review the files before the meetings take place and conduct site visits. The Agent also noted every permit application includes an access to property
submission form that extends to all of the commissioners, full time or associate, as well as all conservation department staff. The Agent also recommended that the commissioners take advantage of any local workshop groups as well as those offered by the State. The Agent said the commissioners will vote to accept or reject Mr. McKay’s application. If they vote to accept, the next step is a vote by the Board of Selectmen. The Agent stated the current associate members are not interested in becoming full time at this time.
Motion: Mr. Brad Sweet moved to accept the application of Dale McKay as full time Conservation Commissioner, seconded by Mr. Anderson. Vote unanimous 4-0.
42 Fells Pond Road (Lopez/Lando): Enforcement update and review. Landscape restoration plan due March 11, 2014 to Conservation Commssion Office.
The Agent stated he went out to the property and took some pictures which show the pathway clearly. He met with Mr. Lando who supplied a plan and claimed the path was already there when he purchased the property. The Agent stated he has no way of knowing if that was the case. Mr. Lando presented an engineering plan from the BSC group in 2004, which showed a pathway going through this reserve land to Fells Pond. The Agent stated that it doesn’t matter because Mr. Lando has continued to use the pathway and has put down sand to establish a beach. He never found out if this was legal. The Agent noted Mr. Lando never responded to the Conservation Commission’s letters or letters from the Peninsula Council. The Agent said he presented what needs to be done to Mr. Lando, who
has until March 11 to submit a landscape plan which will be presented to the commissioners at the next available meeting. The commissioners can then review the plan to see if it is sufficient. The Agent said he will extend an invitation to the Peninsula Council to attend the meeting. Mr. Lando understands that all of the sand needs to be removed. The area needs to be closed off so it no longer resembles a pathway and restored as the buffer strip it once was. Mr. Lando was given a list of wetland consultants and told he can choose whomever he likes, but that person must have the qualifications acceptable to the commission to carry out this work.
The Agent noted Mr. Lando accumulated a significant amount of fines. The daily fines reached a cap of $25,000 (non-criminal disposition) because of a lack of response to violation and enforcement letters. The Agent informed Mr. Lando that if he is agreeable to the requirements noted in the previous paragraph, the fines can be waived. There was a discussion on the fines and it was decided to consult other towns and town counsel regarding appropriate fine amounts. Mr. Anderson felt a policy should be developed stating that the commission can at its own discretion consider reductions of fines depending upon the level of damage of the resource area, contritenous of the offender, etc.
Requested two week extension: Vista pruning activity from the Conservation Agent. New proposed deadline March 15, 2014.
The Agent requested the vista pruning window be extended from March 1 to March 15, 2014 because of the brutal winter.
Motion: Mr. Sweet moved to extend the vista pruning window from March 1 to March 15, 2014, seconded by Mr. Rogers. Vote unanimous 4-0.
The Agent announced that the MACC Winter Conference will be taking place on March 1, 2014 at the College of the Holy Cross and recommended the wetlands protection act overview.
Garner Farley Bogs: Fred Bottomley (Farland Farms) – update.
The Agent updated the commission on the Garner Farley Bogs. This bog contains the Howes variety of cranberries. The market for cranberries has dropped significantly and according to Mr. Bottomley it is currently $7.99 a barrel whereas, several years ago it was over $20 a barrel. The Agent said there have been several issues with the gate leading to the bog and the lack of response from Mr. Bottomley as to what is going on in terms of the bog operations. It looks like Mr. Bottomley is no longer interested in maintaining the bogs. He hopes the Commission can find someone new to maintain the bogs. Mr. Bottomley never signed a lease, had one year of harvest and the town received 20% of revenue for that harvest. There were no other harvests from 2010 to the present. The Agent will be
talking with town counsel. He said the Garner Farley Bogs could be put out for bid again or the commission might contemplate some wetland restoration in this area. This item will be put on a future agenda when the Agent receives more information.
Mashpee Enterprise Article: Shellfish Propagation – Poppy Bay
The Agent reviewed an article in the Mashpee Enterprise regarding plans to propagate oysters in Popponesset Bay. Richard York will be spearheading this. He will have to come before the commission if he gets the grant.
The Agent reminded the commissioners to take the inserts from their meeting folders and put them in their blue binders, regulation 1 under chapter 173 which deals with allowable and prohibited uses on Mashpee Conservation lands.
Motion: Mr. Sweet moved to adjourn the meeting, seconded by Mr. Anderson. Vote 4-0. Meeting adjourned 8:05 p.m.
Respectfully Submitted,
Judy Daigneault
Recording Secretary
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