Conservation Commission
Minutes of April 10, 2014
Public Hearings
Mashpee Town Hall
Ockway Meeting Room
Commissioners: John Fitzsimmons, John Rogers, Robert Anderson, Dale McKay, Mark Gurnee, and Louis DiMeo (Associate Member)
Staff Present: Conservation Agent Drew McManus 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: March 27, 2014
Motion: Mark Gurnee moved to continue approval of the March 27, 2014 minutes until May 8, 2014, Seconded by John Rogers. Vote unanimous 5-0
Request to Extend Issuance of Order of Conditions to May 30, 2014
Kenneth and Gloria Liatsos: SE 43-2743/118 Shore Drive West
David and Glenys Pinchin: SE 43-2744/124 Shore Drive
Michael and Dawn Southwick: SE 43-2745/126 Shore Drive West
Agent McManus explained this is a series of coastal bank stabilization projects that the Commission has been withholding the issuance of the Order of Conditions at the applicants’ request. The applicants are still working with DEP and abutters to the beach easement. The applicants’ concern is that if the Commission issues an Order of Conditions, the abutters may appeal to DEP and they are trying to avoid this. The Agent noted it is within the applicants’ legal rights to request this extension.
Motion: Mr. Gurnee moved to extend the issuance of the Order of Conditions to May 30, 2014 per the applicant’s request, seconded by Mr. Rogers. Vote unanimous 5-0.
2014 Herring Count Program Update
The Agent updated the Commission on the herring counting program for Mashpee’s three herring runs. This is in coordination with the Association for the Preservation of Cape Cod. Volunteers in towns on Cape Cod are recruited to help count herring at each town’s herring runs. Mashpee has three herring runs: Santuit, the Mashpee and the Quashnet River. Mashpee has 20 volunteers this year and if the commissioners are interested or know of anyone who would like to volunteer to please let the Agent know. Information will be posted on the website.
HEARINGS:
6:00 U.S. Fish and Wildlife Service (Applicant), 1437 Great Hay Road, 141 Amy Brown Road, and 27 Wells Road. Proposed stream restoration and construction of a foot bridge RDA
Resource Area: Land Under Water, Bordering Vegetated Wetland, LSCSF
Materials Submitted: Waquoit Bay Stream Restoration Plan, Abigail’s Brook Restoration Plan, USFWS Surveyed Plan for unvented Low Water Crossing
Tom Eagle, Refuge Manager for the National Mashpee National Wildlife Service, was representing the U.S. Fish and Wildlife Services. Tom Eagle explained the work to be performed will primarily be in the footprint of Great Hay Road where it crosses Abigail’s Brook on USFWS lands near Jehu Pond Conservation Area. A washed out culvert exists at the intersection of Great Hay Road and Abigail’s Brook which has produced a fish passage barrier and emergency vehicle passage issue. The species that are having an issue are the River Herring and American Eel.
Tom Eagle said they want to remove the collapsed culvert and replace with unvented low water crossing. The crossing will consist of rip rap and crushed stone. The road will be regraded in both directions and a foot bridge is being proposed for pedestrian traffic.
The Agent stated this is a site that has degraded over the years with an old culvert running underneath Great Hay Road and referred to the plans. He said the area has been overtaken by Phragmites and opening up the area for increased tidal influence/flushing may help to kill it off without using herbicides or hand cutting. The Agent said it is a long overdue project and recommended a negative determination.
Motion: Mark Gurnee moved for a negative determination, seconded by Mr. Rogers. Vote unanimous 5-0
6:03 Robert J. and Heather Shanahan, 72 Spoondrift Way. Proposed modifications to an existing licensed dock on Popponesset Creek. NOI
Resource Area: Land Under Ocean, LSCSF, Salt Marsh BVW.
Materials Submitted: 72 Spoondrift Way, Project Location Map, Photograph of Site
Jack Vaccaro, Vaccaro Environmental Consulting, Inc., represented the applicants and said this property was before the Commission a couple of months ago. Jack said the homeowners are seeking an Order of Conditions that would permit them to modify an existing licensed dock on Popponesset Creek. The modifications include increasing the float area and relocating piles to accommodate the new float configuration. Jack explained the applicant is proposing to increase the dock area by adding a second float and also installing three piles that will hold the proposed float.
The Agent noted the Harbormaster has approved the project with the condition that the street address shall be permanently displayed with a minimum of 3” block letters with contrasting color at end of pier/piling for emergency purposes and in addition, the owners address shall be permanently affixed on all floats and ramps with 3” block letters with contrasting color. The Agent also noted the Shellfish Warden said the proposed addition would not be a problem for shellfish. The Division of Marine Fisheries has reviewed the NOI and has no recommendations on the proposed scope of the work at this time. The Agent recommended to Close and Issue.
No comment from the public.
Motion: Dale McKay moved to Close and Issue, seconded by Mr. Gurnee. Vote unanimous 5-0
6:06 Peter, Ruddick (Applicant), 166 Algonquin Avenue. Proposed septic system repair. (Edward J. and Mauralee Z. Svagdis, Owner of record). RDA
Resource Area: Buffer Zone to Inland Bank associated with Cataquin Pond.
Material Submitted: 166 Algonquin Avenue, Septic Tank Replacement Plan.
Brian Reyenger was representing the applicant and said the applicant would like to replace the existing leaking tank in the same footprint with a new tank. The Agent said this is the replacement of the existing tank in the same footprint. On March 24, 2014, the Board of Health approved the project for a new septic tank and distribution box only. The Agent reviewed the project on photos provided. He said the project is within the buffer zone to the inland bank and there is no adverse effect and recommended a negative determination.
No comment from the public.
Motion: Mr. Gurnee moved for a negative determination, seconded by Mr. Rogers. Vote unanimous. 5-0
6:09 Mary T. Petersen, Trustee, 11 Compass Circle. Proposed septic system upgrade. RDA
Resource Area: Buffer Zone to Coastal Bank, BVW & Salt Marsh
Materials Submitted: 11 Compass Circle, Title 5 Site Plan dated January 21, 2014
Jack Vaccaro, Vaccaro Environmental Consulting, was representing the applicant and said this is a previously developed residential property located on the west facing shore of Popponesset Island and bordering Popponesset Creek. Jack said the applicant is proposing to replace an existing septic system with a Title 5 design. The work will involve installation of septic system components on the east side of the residence away from the nearest wetland resource areas but within land subject to coastal storm flowage. Jack Vaccaro noted some of the trees may have to be removed and hopefully the maximum number will be three. The Agent said this is a septic replacement and stated the Board of Health perked the property on 1-9-14. He recommended that Jack Vaccaro have a consultation with the Board of Health to
make sure they gave their final approval.
No comment from the public.
Motion: Mr. Gurnee moved a negative determination, seconded by Mr. Rogers. Vote unanimous. 5-0
6:12 John R. & Dorothy J. Malloy and George F. & Ruth Malloy, 110 Whippoorwill Circle. Proposed septic system upgrade. Continued from March 27 at the request of Engineer. RDA
Resource Area: LSCSF, buffer zone to BVW and ILSF (Isolated Land Subject to Flooding)
Materials Presented: 110 Whippoorwill Circle, Septic Repair Design Plan, dated 3/5/2014, Cape and Island Engineering
Matt Costa, Cape and Islands Engineering, represented the applicants and said that this is a single family dwelling and the entire parcel is in FEMA Flood Zone. All the work proposed is located outside the 100’ buffer to the BVW and within previously legally altered areas. Matt described the work proposed is to remove existing septic system and replace with new title 5 disposal system which has been approved by the Board of Health. The project also included the removal and replacement of the stairs off the deck.
The Agent noted the Board of Health approved the project and there are no other impacts to the resource area, bordering vegetated wetland, or land subject to storm flow. The project will have no impact to any bordering or vegetated wetland, salt marsh and meets the performance standards of all the resource areas involved. The Agent recommended a negative determination.
No comment from the public.
Motion: Mr. Anderson moved for a negative determination, seconded by Mr. Rogers. Vote unanimous 5-0
6:15 Warren Q. and Kim R. Fields, 25 Taffrail Way. Proposed retaining wall and invasive species management. Continued from March 13, 2014 at request of Engineer. RDA
Resource Area: LSCSF, buffer zone to BVW and Land Under Ocean.
Materials Submitted: 25 Traffrail Way, Proposed Retaining Wall Plan, Cape and Islands Engineering, Photographs of Site.
Matt Costa, Cape and Island Engineering, was representing the applicants and explained the project is to remove the existing railroad tie retaining wall and construct and maintain a new timber retaining wall along the edge of the lawn. The project also includes relocating seven trees, mitigation plantings at a 3-1 ratio, restoring resource area through Phragmites eradication and maintenance plan. All proposed work is located above mean high water adjacent to Popponesset Creek. Matt discussed how the wall will accomplish specific purposes which are to protect upland resource areas from erosion and protect coastal resource areas by eliminating silt and soil from being washed into the wetlands. It will also protect the coastal wetlands from storm water runoff and create an opportunity to remove an invasive species from coastal
wetlands and allow for natural habitation to return.
The Agent referred to the photos and pointed out the area of Phragmites and agreed with the effort to eradicate this species in favor of native species and grasses. The Agent said the retaining wall is above the BVW line so there is no impact to bordering vegetation. The reason the trees are proposed to be relocated is because they would otherwise be impacted by the installation of the wall. The Agent also said there is a dock and a pier on the property that is missing those elements that the harbormaster requires (address signage on the most seaward pile, the float and the ramp) but is indicated on the plan that those requirements will be met on the existing pier and float and ramp.
The commissioners reviewed and discussed several points including the erosion of the bank from the water side.
The Agent said the project meets the performance standards. He said Phragmites does not do much to stabilize the area. Board Member Mark Gurnee said the Commission has a condition on the reporting of the Phragmites eradication work that would include the evaluation of the resource areas. Mark recommended that the applicant come back to amend the permit to do some additional vegetation planting in this area.
No comment from the public.
Motion: Mr. Gurnee moved to Close and Issue, seconded by Mr. Rogers. Vote unanimous 5-0.
6:18 Cotuit Solar, LLC, 36 Savannas Path, Proposed addition to an existing dwelling. Request for Withdrawal of application. RDA
The Agent said there was no one present to represent Savannas Path. They are requesting a withdrawal based on feedback at a Plan Review Committee meeting. The resource area is Quaker Run (a recognized river under DEP) thus the setback was changed from 100’ to 200’ (protected riverfront). This requires the applicant to submit a new plan reflecting the presence of riverfront. The presence of riverfront changes the jurisdictional extent substantially on the existing lot. The Agent said the engineer felt it would be best to withdraw the RDA and file a NOI.
Motion: Mr. Rogers moved to approve the withdrawal of the RDA for this project, seconded by Mr. Gurnee. Vote unanimous.
6:21 Joseph D. Fernandez, Trustee, 131 Whippoorwill Circle, Proposed septic system upgrade. RDA
Resource Area: LSCSF
Materials Submitted: 131 Whippoorwill Circle, Septic System Repair Plan dated March 26, 2014, Meyer and Sons, Inc.
Darren Myer, Myer and Sons, Inc. was representing the applicant and said the project is for a septic system upgrade. The proposed upgrade is for an existing 3 bedroom dwelling. Repair of the failed system is not within any buffer zone but is located in an “A-13” flood zone. The work includes an upgrade of a failed septic system to a fully compliant Title 5 system. There is no increase in flow or work proposed to the existing dwelling.
The Agent read the comments from the Board of Health: the application has been submitted and is under review. The Agent said it is a pre-disturbed area where the installation is taking place and no natural vegetated areas are being disturbed within land subject to coastal storm flow.
No comment from the public.
Motion: Mr. McKay moved a negative determination, seconded by Mr. Gurnee. Vote unanimous. 5-0
Administrative Reviews:
Alan L. & Kathryn A. Clapp; SE-43-2499/3 Keeland Way. Proposed changes: removal of turf grass area and installation of landscape paver patio.
Resource Area: Buffer to CB/BVW/Salt Marsh
Materials Submitted: 3 Keeland Way, Photos, Proposed Site Plan, Conservation Commission approved plan.
Alan Clapp, homeowner, said he was proposing changes to a plan previously approved in 2009 at 3 Keelan Way. He explained the change involves removal of a turf grass area and the installation of a new landscape paver patio The proposed paver area is within the previously approved work limit. Mr. Clapp explained the project using the photographs. The Agent stated the work being proposed is essentially the removal of turf and replacing it with a patio entirely within the previously approved work for this plan. The Agent said as with all other administrative approvals:
- it is within the original scope of work;
- is minor in scope; and
- is taking place within an area that is 100% pre-disturbed with existing turf surrounded by deck on one side and pea stone in the area and framed out by ornamental plantings.
The Agent said what is being proposed is not going to adversely affect the stability of the bank, the wildlife habitat of the natural vegetated buffer strip nor the water quality associated with Popponesset Bay. He recommended approval of the administrative request.
No comment from the public.
Motion: Mr. McKay moved to approve the administrative request, seconded by Mr. Gurnee. Vote unanimous.
Richard R. and Jennifer D. Manganiello: SE 43-2673/56 Kim Path, Revisions: Dry wells and rubber lining were eliminated by grading lot to direct runoff stone driveway and installing sona tubes.
Resource Area: LSCSF, buffer zone to coastal dune
Materials Submitted: Proposed Site Plan, revise, January 19, 2012, Cape and Islands Engineering.
Ralph Mangainello, Builder, represented the applicant and said there was a change in the original plan which is to remove the drywells for roof runoff. The lot has been graded so that all runoff is directed to the stone driveway.
The Agent said Conservation had a plan that didn’t have the most recent changes. The original plan showed three drywells and the most recent plan did not show the drywells. The Agent’s site visit revealed more than enough evidence on the property to show that roof runoff is not a concern because there are enough impervious surfaces that capture stormwater runoff. The most recent plans have been submitted to the Conservation Department.
No comment from the public.
Motion: Mr. Anderson moved to approve the administrative request, seconded by Mr. Gurnee. Vote unanimous.
William P. Tommasino & Deborah D. Thorton: SE 43-2714/196 Waterway, Maintenance pruning of trees.
(No one present – Hold)
Ted Tye (National Development Corporation) Proposed Conservation Easement: Bridges to Mashpee Project.
A representative from the National Development Corporation (Samantha) described the proposed Conservation Restriction and distributed copies of the plan.
The Agent said this is a proposed conservation easement as part of a development project called Bridges to Mashpee which is the offering of land to be set aside for conservation land associated with a development project.
Samantha described where the site is located. The entire parcel is approximately 24.5 acres and only 5 acres will be disturbed. She stated, per the Cape Cod Commission’s DRI decision, the developers are required to preserve 19.5 acres as open space. Samantha noted on the plan the disturbed area and the easement.
The Agent referred to the Conservation Restrictions attached to this parcel. The conservation easement/restrictions on parcels include language that addresses allowable and prohibited uses of land that is placed under conservation restriction and those uses are similar to those in place for conservation lands. The Agent said that the easement can never be developed for residential or commercial usage and would be set aside as open space. Following a lengthy discussion, it was determined to have the Agent bring the conservation easement document to town counsel for review and approval before accepting the easement.
Jehu Pond Parking Lot: Proposal to install wooden guardrails outside parking lot entrance. Move existing boulders to frame interior parking lot and remove old split rail fence.
The Agent explained there are several boulders at the entrance of the Jehu Pond parking lot along the main entry way.The proposal is to install wooden guardrails outside the parking lot entrance and move the boulders to frame the interior parking area. The cost to install the wooden guardrails is $20 a linear foot. The Agent said on the inside of the parking lot he would have Americorp volunteers dismantle the existing fence and have DPW frame the parking lot with the boulders.
The Agent said the pollinator gardens are on the inside of the guardrail fence and DPW can sow a wild flower mix to expand those gardens which will make it a very nice looking entrance way. He encouraged the commissioners to go out and take a look at the present conditions. The Agent said there is a brand new sign for Jehu Pond parking lot. The Agent would get an estimate from DPW as to the cost of what he is proposing
Jehu Pond: Proposal for installation of float for canoe/kayak launch Area...
The Agent described the site and said US Wildlife has a floating dock that they can donate to Conservation to launch canoes and kayaks. It would require rethinking where the gate is and moving the gate or putting in a second gate where the pathway comes off and having it as a seasonal opening. The Agent said he would get more details and urged the commissioners to visit the site and would organize a trip to show the commissioners the area.
Motion: Mr. Gurnee moved to adjourn, seconded by Mr. McKay. Vote unanimous 5-0 meeting adjourn 8:15 p.m.
Respectfully submitted:
Judy Daigneault
Recording Secretary
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