Conservation Commission
Minutes of February 27, 2014
Public Hearings
Mashpee Town Hall
Ockway Meeting Room
Commissioners: Mark Gurnee, John Rogers, Robert Anderson, Brad Sweet, Dale McKay 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.
No public comment.
Pre/Post Hearing Agenda:
Approval of Minutes: February 13, 2014.
Motion: Brad Sweet moved to continue approval of the February 13, 2014 minutes until March 13, 2014.
Request for OOC issuance extension to March 28, 2014: SE 43-2743/118 Shore Drive West; SE 43-2744/124 Shore Drive West; SE 43-2745/126 Shore Drive West.
The Agent 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 but approved by the Commission. The applicants are requesting an extension to March 28, 2014 and are meeting with the abutters to avoid an appeal. The Agent noted the homeowners have also been corresponding with DEP regarding concerns DEP has with the project.
Motion: Mr. Sweet moved to extend the Orders of Conditions to March 28, 2014, seconded by Mr. Rogers. Vote unanimous. 5-0.
6:00 Alfred S. DeFazio, 204 Captains Row. Proposed pier, ramp and float and replacement of an existing stairway. NOI
Motion: Mr. Sweet moved to continue the hearing at the request of the applicant to March 13, 2014 at 6:06, seconded by Mr. Rogers. Vote unanimous 5-0.
6:03 Southworth Mashpee Properties, LLC, 33 North Glen Drive. Proposal to clear vegetation within the outer riparian zone to the riverfront. RDA
Motion: Mr. Sweet moved to continue the hearing at the request of the applicant to March 13, 2014 at 6:09, seconded by Mr. Rogers. Vote unanimous 5-0.
Board of Selectmen approved Dale McKay’s appointment to Commission.
The Agent welcomed Dale McKay to the Conservation Commission. The Board of Selectmen approved his appointment and Mr. McKay has been sworn in at the Town Clerk’s Office.
6:06 Waquoit Bay Natural Estuarine Research Reserve (Applicant), 0 Plains Road. Proposed fish passage maintenance on Quashnet River. (Owner of record: Commonwealth of Massachusetts, Department of Environmental Management. RDA
Resource Area: Riverfront/Inland Bank/Quashnet River.
Material Submitted: Photos of 0 Plains Road, Waquoit Bay Stream Restoration Master Plan.
James Rassman was present representing the applicant, Commonwealth of Massachusetts Department of Conservation and Recreation. Mr. Rassman described the site is where an access road crosses the Quashnet River and is also referred to as the old fish ladder. He referred to the photos. The site is a large concrete structure with two openings. A plume of sand and debris has built up over the years behind the boards within the structure and the sediment trapped within the old fish ladder threatens a major brook trout spawning habitat. Mr. Rassman stated the sand and sediment will be removed by hand into buckets and carried away from the stream. This will allow for the removal of the boards blocking flow and will protect critical downstream spawning beds. Mr. Rassman also said that the crew are students from the Conservation
Association who will assist in the restoration of the old access road by planting native vegetation, establishing a trail and closing off the road. The trail could be used by hikers, hunters and fishermen and the cross country track team. The plantings will stabilize the soil while still allowing access to emergency vehicles.
No comments from the public
Motion: Mr. Sweet moved a negative determination, seconded by Mr. Rogers. Vote unanimous: 5-0.
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 upgrade. Continued from February 13, 2014 hearing. NOI
Resource Area: Inland bank, buffer zone to Land Under Water Body (Ashumet Pond), buffer zone to inland bank.
Materials Submitted: Site Plan dated 1/10/14 Green Seal Environmental, Inc. Planting Plan, 144 Wheeler Road, Updated Narrative Description.
Timothy Bennett, Green Seal Environmental, was representing the applicants. He noted the project was continued from the February 13 meeting to allow for Board of Health approval and a planting plan. Mr. Bennett briefly reviewed the proposed project for the Commission which is to demolish the existing building and construct a new one 50 feet up gradient from the existing one. The new home will be 728 square feet in footprint with a 220 square foot deck. The new house will be outside of the buffer zone and the deck will be 51 feet from the top of the bank. A new title 5 septic system will be installed 116 feet from the top of the bank and 171 feet from the pond. Mr. Bennett stated the proposal has received approval from the Board of Health and a planting plan which was taken from the Cape Cod Cooperative Extension.
Mr. Sweet spoke about the trees on the plan and suggested they be repositioned in order to create a corridor path to the pond. Mr. Bennett said he could present this to the applicant.
Agent McManus stated that the Commission typically goes with the plans as presented and, if at a later time, the applicant wants to have more of a vista pruning, they can come back at that time. The Agent noted it was a great planting plan and that the Board of Health has approved the septic plan for a 3 bedroom single family home.
No comments from the public.
Motion: Mr. Gurnee moved to close and issue with caveat that the plan have the plants of choice made through the path down to the water and that consideration should be given to relocating some of the plantings to make it more compatible for vista pruning; recognizing this would be the best time to do it. The Agent will review the updated plans and, if approved, the file will be updated. Seconded by Mr. Sweet. Vote unanimous. 5-0.
6:12 Donald S. Bellis and Susan E. Dacey-Bellis, 150 Waterway. Proposed demolition of existing structure, construction of new single-family dwelling, and Title V septic system upgrade. Continued from February 13, 2014. NOI.
Resource Area: LCSCFS 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, Environmental Consulting, was representing the applicants. Andrew Garulay, Landscape Architect, was also present. Mr. Vaccaro noted this hearing was continued from the February 13, 2014 meeting to allow for Board of Health approval and submission of a revised narrative to correct an inaccuracy in the number of bedrooms from 4 bedrooms to 3 bedrooms. In addition, language has been incorporated in the narrative that specifies that all areas of lawn that are disturbed will be restored consistent with the Commission’s regulation.
The Agent stated the Board of Health gave its approval on February 21, 2014 for three bedrooms. Denite is not required and the floor plan is under review but the septic plan has been approved. The Agent noted at the previous hearing, there was some discussion on the handicap access ramp and the Commission agreed that the waiver request was warranted based on handicap access reasons and the only information that needs to be approved was the septic plan. The Agent recommended a close and issue.
Motion: Mr. Sweet moved to close and issue, seconded by Mr. Rogers. Vote unanimous 5-0
6:15 Jay J. and Elizabeth Derenzo, Trustees, 134 Popponesset Island Road. Proposed demolition of existing structure and construction of a new single-family dwelling with attached garage and patio terrace. NOI
Resource Areas: Salt marsh, coastal dune, coastal bank and land subject to coastal storm flowage.
Materials Submitted: 134 Popponesset Island Road, Plot Plan and Site Plan, BSS Design dated February 13, 2014, Buffer Restoration Plan dated February 14, 2014.
Jack Vaccaro, Vaccaro Consulting, was representing the applicants. Andrew Garulay, Landscape Architect, was also present. Mr. Vaccaro reviewed the proposed project which is the demolition and removal of an existing single family residence and the construction of a new single family house with a driveway. The construction will include disturbance within the 100 foot buffer zone of a coastal bank and will also involve work within land subject to coastal storm flowage. The new house will be a five bedroom house with an attached garage and patio terrace. Mr. Vaccaro said because the house is within 50 feet of the coastal bank, the applicants are seeking a waiver of Chapter 172, Section 7A. Since there will be removal of so much hardscape for the existing pool patio, the amount of hardscape will be reduced and no mitigation is required. Mr.
Vaccaro stated a 300 square foot of border plantings on top of the seawall will be provided and that the applicant is committed to maintaining any areas of the lawn that are disturbed in accordance with the regulation.
The Agent noted in Mr. Vaccaro’s presentation, he referred to a 5 bedroom house and the narrative indicates 4. Mr. Vaccaro clarified the construction is a 5 bedroom home. The Agent also noted that the current septic system has a denite component and he could not find anything in the records that a denite system was ever a requirement. The Board of Health approved the septic system for a five bedroom house but did not require a denite component. There was a discussion on the beach access stairs. Mr. Vaccaro stated it is not the preferred access but allows the owner to get down to that area of the marsh to clean up. The Agent noted the salt marsh is healthy and the stairs are a feature that have existed for a long time and didn’t think they were a concern. There was a discussion on the runoff. Mr. Garulay
noted there will be a channel drain that will go to a drywell which he could add to the plan, in addition to an 18” gravel strip around the house. The Agent said there is a template order that states that all roof runoff must be connected to downspouts that are connected to drywells, unless an architect plan shows rain gardens, rain barrels or other method of catching roof runoff. The drywells should be shown in the plans and will be in the Order of Conditions. The water needs to be contained on the property. Mr. Garulay stated he will submit a landscape plan that will show the drip strips and the piping going to specific drywells on the site and will also put the driveway drainage on the plan. It was also noted there is a dead tree on the property that can’t be saved and will be removed as part of the application.
The Agent commented that the applicants have no signage on the dock and pier. If they have a DEP number and Chapter 91 license, these along with a street address, need to be displayed on the most seaward pile as well as the float and the ramp in perpetuity. Mr. Vaccaro will relay this information to the applicant.
Motion: Mr. Brad Sweet moved to Close and Issue, seconded by Mr. Rogers. Vote unanimous 5-0.
6:18 Karen Ciejek, 73 Whippoorwill Circle, Proposed extension of an existing deck.
Resource Area: Land Subject to Coastal Storm Flowage.
Materials Submitted: 73 Whippoorwill Circle plan.
Mr. Darrell Chapman was representing the applicant and explained the proposed project is to extend the existing deck out 6’ 6” from the house. Mr. Chapman noted a covered entry will be removed. Twelve sono tubes will be hand dug and the concrete will be hand mixed and wheel barrowed to the tubes. Fill will be leveled out near the house foundation which is a flat area, so erosion is not a concern. The Agent noted this is outside of the buffer to the salt marsh but within flood zone A and there will be no removal of vegetation. He recommended a negative determination.
Motion: Mr. Sweet moved to issue a negative determination, seconded by Mr. Rogers. Vote unanimous. 5-0
Proposed Land Conveyance to Mashpee Conservation Department. Clustered subdivision (8 acre parcel on Blue Castle and Degrasse Roads) Required Open Space.
Matthew Haney described the site. He said the subdivision is pending before the Planning Board and in order to have a cluster subdivision, open space is required. The options are to keep the site with the homeowners association, keep it as agricultural land or give it to the Town as open space. Mr. Haney described the area where the property is located. The land proposed for the land conveyance falls within the Mashpee National Wildlife Refuge Boundary. The land is in pristine condition and is close to the Mashpee Pine Barrens area. The Agent referred to the GIS map and noted the Pine Barrens is part of the overall Mashpee Wildlife Refuge which extends from the northern boundary of the Town all the way down to the Jehu Pond. The Agent also noted it is a partnership refuge and any opportunity to set aside land as open space within the
refuge boundary is highly encouraged and requires a formal vote of endorsement. The Agent said the land is a good connector corridor and when it comes to parcels of this size, his recommendation is it should be kept as is in the interest of wildlife habitat.
Motion: Mr. Sweet moved to endorse/approve the conveyance of this parcel to the Conservation Department, seconded by Mr. Rogers. Vote unanimous.
Garney Farley Bogs – Fred Bottomley (Fairland Farms): Meeting with Town Counsel on Friday February 28 to discuss bog lease status.
The Agent stated he will be meeting with town counsel regarding the bogs. He noted that the current grower never signed a lease agreement and it was understood by the commission that there will be a trial period. The Town did receive a portion of the revenue for one year. The grower is no longer interested in maintaining the bogs. The Agent will be checking with town counsel as to what needs to be done with the current grower. He also noted the Commission will need to make a decision on what they want to do with the bog. He stated that the bog takes water out of the Charles Childs River and is surrounded by Conservation Land. If the Commission decides they want to maintain it as a bog, an RFP would have to be developed in order to hire a grower. The Agent suggested taking a field trip to the bog with the Commissioners in the
spring. Bog abandonment or wetland restoration are other options. The Agent said there is information in the office if the commissioners are interested in reviewing it. Following his meeting with town counsel, the Agent said he will update the Commissioners.
AmeriCorps Updates:
Herring Run Walk
The Agent announced the herring run walk is scheduled for Monday, March 3 at 9:00 a.m. 14 volunteers will be walking the Quashnet River and clearing the river of debris, including downed tree limbs and trash. Weather pending, this will happen on Monday.
The Agent said AmeriCorps Fire Corp has offered to plant a tree. They are looking for suggestions of a suitable site on conservation land. Their goal is to have a tree planted in the 15 towns on Cape Cod to celebrate the 15 years of AmeriCorps on Cape Cod.
Motion: Mr. Sweet moved to adjourn, seconded by Mr. Rogers. Vote unanimous 5-0 meeting adjourn 7:55 p.m.
Respectfully submitted,
Judy Daigneault
Recording Secretary
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