Conservation Commission
Minutes of March 13, 2014
Public Hearings
Mashpee Town Hall
Ockway Meeting Room
Commissioners: Bud Shaw, Mark Gurnee, Brad Sweet, John Rogers, Robert Anderson, 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 Bud Shaw at 5:55 p.m.
There was no public comment.
PRE/POST HEARING AGENDA:
Approval of Minutes: February 13, 2014, February 27, 2014.
Motion: Brad Sweet moved to approve the minutes of February 13, 2014, seconded by John Rogers. Vote unanimous. 4-2 with Bud Shaw and Dale McKay abstaining.
Motion: Brad Sweet moved to approve the minutes of February 27, 2014, seconded by John Rogers. Vote unanimous. 5-1 with Bud Shaw abstaining.
Agent McManus noted he organized an AmeriCorps work day to check the Quashnet River and Mashpee River to clear away debris for the upcoming herring season. The boards were pulled out of the Quashnet fish ladder and the fish ladder was cleaned out. The group also covered the upper stretch of the Quashnet River and covered the upper and lower portions of the Mashpee River. Crews will be sent out to clean the middle stretch of the river between now and the end of the month. The Agent said all major debris was cleared from the portions of the rivers that were covered and AmeriCorps put in a full day. The third herring run, Santuit River, was covered by the Agent and members of the Division of Marine fisheries a couple of months ago and will be checked again. The Agent said the herring count starts around April 15 and he has not yet heard of the
training date. The date will be posted on the website and previous and new volunteers are welcome.
HEARINGS:
6:00 Ann Marie Dumais, 372 Monomoscoy Road. Proposed construction of a pier, ramp and float. Continued from January 9, 2014. Engineer requests another continuance to 3/27/2014 at 6:00 p.m. NOI
Motion: Mr. Sweet moved to continue the hearing until March 27, 2014 at 6:00 p.m. as requested by the engineer. Seconded by Mr. Gurnee. Vote 6-0. Unanimous.
6:03 New Seabury Golf Club, LLC, 0-Off Seanest Road. Proposed bank stabilization. NOI
Material Submitted: New Seabury Golf Club, Photos, Site Plan of Proposed Bank Stabilization Along Second Fairway prepared by Woods Hole Group, dated February 3, 2014.
Resource Area: LSCSF Coastal Bank, Coastal Beach, Buffer zone to BVW, Land Under Waterbody
Tara Marden, Woods Hole Group, was representing the New Seabury Golf Course. Tara described the project and explained the erosion at the site. The owners have been performing beach nourishment since 1990 and she indicated the erosion on photos. The project will be the installation of biodegradable sand filled coir envelopes, coir fiber rolls, timber pile anchors, a zigzag sand drift fence and 1,125 cubic yards of sand replenishment which has already been permitted. Tara noted the Woods Hole Group has been communicating with Natural Heritage & Endangered Species Program (NHESP) concerning the drift fence and based on their requirements, the fence will be installed per their recommendations. Tara stated they are proposing 1,125 cubic yards of beach nourishment yearly as mitigation. The project will not take place between April 1 and August
31 and she estimated the project won’t start until October 1. Construction access will be from the upland portion of the New Seabury Golf Course.
The Agent reviewed the conditions that Natural Heritage placed on the project which was work may not occur between the period of April 1 to August 31 of any year and as proposed, 1,125 cubic yards of nourishment will be deposited yearly. Also, the sand drift fence and timber piles shall be installed as detailed on the Site Plan dated February 3, 2014 prepared by Woods Hole Group and if the design requires modification of either the pile or fencing shifted seaward, a revised plan must be submitted to their office for review and approval. The Agent also noted that Natural Heritage has requested that the Conservation Commission send a copy of the final Order of Conditions, approving or denying the project and if there are any changes to the project, Natural Heritage must be notified.
The Agent noted the wire mesh netting is metal and needs to be watched for any damage.
The Agent also requested a revised narrative and cited regulation 20 under the Mashpee Bylaw, Chapter 172 which requires wildlife habitat evaluation. The Agent said the Woods Hole Group needs to request a waiver of this requirement. The Agent said the narrative requests maintenance in perpetuity and he didn’t think the Commissioners should grant this and suggested to add in language to the Order of Conditions: if approved, any maintenance that needs to be performed on this project requires a certain number of days prior notification to the conservation department so the conservation department can review what is being maintained and the scale of the maintenance. This would give the Commission an opportunity to comment and possibly require additional permitting.
The Agent recommended a Close and Issue with the understanding regarding the maintenance in perpetuity request and noted there is a template condition that lets the permit holder know that the Commission does reserve the right to require additional measures (to protect the resource areas) and to amend or even revoke the permit.
No Comment from the Public
Motion: Mr. Gurnee moved to Close and Issue as outlined by the Agent, Seconded by Mr. Sweet. Vote 6-0 unanimous.
6:06 Alfred S. DeFazio, 204 Captain’s Row. Proposed pier, ramp, float, and replacement of an existing stairway. Continued from February 27. Per Drew’s instructions if new planting plan has not been received, applicant must request continuance. NOI
Resource Areas: Riverfront (Mashpee River), LSCSF, Salt Marsh, Land Under Water body.
Material Submitted: 204 Captain’s Row. Photos of site, Mitigation Planting Plan prepared by Gardens and Greenscape, Inc. dated 3/13/14, Proposed Pier, Ramp and Float Site Plan prepared by Cape & Island Engineering dated 12/2/13.
Matt Costa, Cape & Island Engineering, was representing the applicant. Matt noted they revised the plan and provided a mitigation planting plan by a licensed contractor. The Agent reviewed that the COC for 204 Captain’s Row did not pass and that he required the homeowner to present a planting plan to the Conservation Department. The condition stipulates that the mitigation plantings must be between the pool and the marsh. The Agent explained the mitigation was a direct requirement of the unauthorized construction of a pool and deck. The pool/deck was retro-permitted with this mitigation requirement and since the COC inspection did not pass, a mitigation plan was required before this hearing can go forward. The Agent suggested if the Commissioners approve this project, that there be an order requiring the installation of these
mitigation plantings as per the plan prior to any work starting on the dock and pier.
Matt described the proposed project for the construction and maintenance of a residential pier, ramp and float in the waters of the Mashpee River. The project site is located adjacent to and within the Mashpee River. All work will be from the seaward edge of the bordering vegetated wetland and will be done from a barge or by hand. Matt explained the stairs leading to the beach area will be removed and replaced in the existing footprint and the proposed pier, ramp and float along with the existing concrete block wall and stairs are located with the 100 year flood plain. The proposed pier will be elevated five feet above the salt marsh and the decking will be fiberglass grating.
The Agent said there is no Natural Heritage jurisdiction in this area. The standard design elements of any dock and pier under regulation 27 are met according to the notation on the plan. Floats need to be encapsulated. The harbormaster requirements for signage address and DEP number must be displayed on all three components, the most seaward pile, float and ramp. The project will not be an issue to shellfish. The Agent stated that the Conservation Commission must be notified in writing when the applicant applies for the Chapter 91 license and when the license is received, the Conservation Department must receive a copy of the license which will be included in the orders of conditions. The project meets the performance standards and the Agent recommended a close and issue with the understanding of the additional mitigation compliance wording
in the order of conditions.
No Comment from the public.
Motion: Mr. Sweet moved to close and issue with the stipulation as described by the Agent be included in the Orders of Conditions. Seconded by Mr. Rogers. Vote was unanimous 6-0.
6:09 Southworth Mashpee Properties, LLC, 33 North Glen Drive. Proposal to clear vegetation with the outer riparian zone to the riverfront. Continued from February 27, 2014 at request of Engineer. RDA
Resource Area: Riverfront Area- Quaker Run (outer riparian zone)
Material Submitted: 33 North Glen Drive, Existing Conditions Plan, Cape & Island Engineering dated 12/10/13.
Matt Costa, Cape & Island Engineering was representing the applicant. He explained this is a vacant residential parcel bordering an abandoned bog and abutting Willowbend Golf Course. Matt explained the project is to clear the area as shown on the proposed plan for the purpose of putting the lot up for sale. No trees greater than 3” diameter at breast height will be cut and this is a onetime proposal and the clearing is located outside the 100’ inner riparian zone.
The Agent reiterated that the trees that are to be removed are below sapling class tree size. He cited regulation 310CMR 10.58 which deals with riverfront under the Wetlands Protection Act Section 3d. The Agent said the applicants are staying outside of the 100’ undisturbed vegetated buffer and doing some minimum clearing strictly for the purpose of clearing the lot to display the lot to prospective buyers. The Agent recommended a negative determination.
No comment from the public.
Motion: Brad Sweet moved a Negative Determination, seconded by Mark Gurnee. Vote Unanimous 6-0
6:12 Warren Q. and Kim R. Fields, 25 Taffrail Way. Proposed retaining wall and invasive species management.
Motion: Mr. Sweet moved to continue this hearing to March 27 at 6:03 p.m.
6:15 Stephen G. Miller, Trustee, 22 Squaws Lane. Proposed demolition of existing structure and construction of a single-family dwelling with deck and attached garage. NOI.
Resource Areas: LSCSF (Velocity Zone), Coastal Dune, buffer zone to Coastal Beach
Materials Presented: 22 Squaws Lane, Plot Plan – Proposed House Construction, BSS Design dated 2/14/14, Flood Insurance Map.
Tom Bunker, BSS Design, was representing the applicant. He explained the owner is planning to demolish the existing house and construct a new house basically the same size. The garage is in the same place but adjusted slightly to be made parallel to the lot line. Mr. Bunker said the existing septic is 10’ from the landward property line and stated they will be adding one chamber per the Board of Health recommendation in order to make its capacity match the number of bedrooms in the house (4). The deck will be on the side away from the beach with stairs up to that location. The house will be on pilings and replaced. When the construction is complete, all disturbed areas will be revegetated with appropriate native plantings.
The Agent stated there is some freeing up of the coastal dune on the seaward side in exchange for some minor encroachment on the side of the house for the patio layout. The lower right side shows where the patio is going. The Agent referenced the coastal dune 10.27 under the State Wetlands Protection Act. The Agent stated that no part of this project is proposing to shift or alter the dunes in such a way that would cause any adverse effect. It is fully in keeping with the performance standards. The Agent said the Board of Health has signed off on the septic and he recommended a Close and Issue.
Comment from the public:
Bill Sterling, Kim’s Path, wanted to confirm that the elevation wasn’t going to change. Mr. Bunker confirmed the elevation would be the same.
Motion: Mr. Sweet moved to Close and Issue, seconded by Mr. Rogers. Vote unanimous 6-0
6:18 Town of Mashpee, 500 Great Oak Road. Proposed Coastal Beach Stabilization. NOI
Resource Areas: Coastal Beach, buffer zone to Land Under Ocean and Coastal Dune
Materials Presented: 500 Great Oak Road, Plan Showing Proposed Shorefront Protection, Coastal Engineering, Inc. dated 3/3/14
Roger Michniewicz from Coastal Engineering was representing the Town of Mashpee. He stated this project was previously approved in 2013 but DEP appealed the project due to the design of the drift fence. Roger said they have been working with DEP for several months and have agreed upon a drift fence design in addition to eliminating the proposal to reclaim the pavement that was damaged during the storm. The proposal is to restripe the parking lot within the existing footprint and not encroach seaward or landward. Roger described the proposal is to construct a drift fence with biodegradable coir envelopes along the length of the shorefront of South Cape Beach and to add approximately 1,000 cubic yards of beach nourishment and 14,000 square feet of beach grass plantings. The system was designed to still allow wave over wash in major storm
events. The drift fence will trap windblown sand. The system consists of 8” diameter 10’ long cedar posts with intermediate posts along each section of fence with 4 by 4 posts with 4 by 4 slats all bolted together. Roger stated they are trying to alleviate the erosion of the parking lot. The handicap parking will be moved near a level walkway. This area is flanked on either side by primary dunes. The mounding area is approximately 4 feet above the grade of the parking lot. Roger stated this is a soft solution and will require sanding and maintenance at various times. Catherine Laurent, DPW Director, stated they are limited as to what they can do by DEP regulations but their goal is to prevent further erosion. Catherine noted there was an appropriation at town meeting for approximately $250,000 for this project and anticipates construction to be completed before the beach season
The Agent noted DEP classifies this area as a barrier beach and the performance standards and regulations are stricter. Natural Heritage didn’t require any time of year restriction. The Agent recommended a Close and Issue.
Motion: Mr. Sweet moved to close and issue, seconded by Mr. Rogers. Vote unanimous.
Motion: Mr. Sweet moved to enter into executive session to discuss Lando/Lopez Enforcement, 42 Fells Pond Road and not return to open session. Roll Call Vote: Mr. McKay, yes; Mr. Anderson, yes; Mr. Rogers, yes; Mr. Sweet, yes; Mr. Gurnee, yes; Mr. Shaw, yes.
Regular Session adjourned 8:05 p.m.
Respectfully Submitted,
Judy Daigneault
Recording Secretary
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