Conservation Commission Minutes
May 22, 2014
Mashpee Town Hall
Waquoit Meeting Room
Commissioners: Board Members John J. Fitzsimmons, Ralph Shaw, John Rogers, Mark Gurnee, Brad Sweet, Robert Anderson, and Dale McKay, and Associate Member Louis DiMeo.
Staff Present: Conservation Agent Drew McManus and Administrative Secretary Cynthia Bartos.
Call Meeting to Order at 5:55 p.m.: The meeting was called to order with a quorum by Chairman John Fitzsimmons at 5:55 p.m. He announced that the meeting is being televised.
Pre/Post Hearing Agenda:
Approval of May 8, 2014 Minutes: Mr. Sweet made a motion to approve the May 8, 2014 Minutes. Mr. Fitzsimmons seconded the motion. Vote in favor was unanimous 7-0.
Administrative Review: Craig and Maureen Fitzgerald, 50 Spoondrift Way, DEP File No. SE 43-2739. Proposed modifications to site plan.
Mr. Jack Vaccaro from Vaccaro Environmental Consulting represented the Applicant. In 2013, the Commission approved the proposed demolition and rebuild of the existing structure on the property. The seawall has been rebuilt and now the tear down and rebuild of the house will commence. The modification includes raising the grade of the pool area by one foot to reduce the amount of stairs on the site. The deck around the pool will also be raised by one foot. The land will be sloped down to the reconstructed seawall.
The Agent said that he understands the revision given the existing conditions on the site. He stated that there will be no adverse impacts to the wetlands, which is a small strip of saltmarsh. Additional plantings will help prevent runoff.
To Mr. Fitzsimmons’ question, Mr. Vaccaro said that removing the concrete patio and replacing it with gravel and a wood deck will prevent the excessive runoff.
Mr. Shaw made a motion to approve the Administrative Review. Mr. Sweet seconded the motion. Vote in favor was unanimous 7-0.
Hearings:
Popponesset Beach Association, 0 Uncle Percy’s Road. Proposed aquatic management of Dean’s Pond. NOI.
Keith Gazaille, Aquatic Control Technology, emailed a request for continuance of the Application until June 26, 2014. This will provide his company an opportunity to submit additional information to complete the NOI application.
Mr. Shaw made a motion to continue the Application until June 26, 2014 at 6:00. Mr. Sweet seconded the motion. Vote in favor was unanimous 7-0.
Jeffrey and Whitney Brown (Applicant), 89 Whippoorwill Circle. Proposed construction of extension to an existing pier and reconfiguration of existing ramp and float. Owner of record: Christopher J. and Ann J. Salvo, Trustees. Continued from May 8, 2014 at request of Engineer. NOI.
RESOURCE AREAS: Land under Ocean, Land Containing Shellfish.
Mr. Jeffrey Brown represented his Application and stated that the proposal will allow deep water access for a large boat. He said that access underneath the pier is five feet. He explained that he is the potential buyer of the property and obtaining approval for this Application is one of the Conditions of the Purchase and Sale Agreement.
The Agent stated that the Harbormaster has reviewed the plan and requests that the DEP number and home address be displayed on the most seaward pile and float in perpetuity. The float must also be encapsulated. Marine Fisheries has no issue with the proposal. There is an existing Chapter 91 (State Waterways) license.
Shellfish Constable Rick York said that he could not determine the dimensions of the float by the scanned plan that he received by email. Mr. Brown said that the revised plans indicate that the float will be 25’x6’. Mr. Sweet confirmed the measurements with an engineering ruler.
Mr. York asked the Board to condition the permit that the dock and any boats to be docked shall not rest on the bottom.
The Board discussed the proposed benches, which Mr. Brown confirmed are cantilevered to allow for storage of fishing gear. Mr. Brown also said that the ramp is less than 5 feet in width and the length is 17 feet in order to get another foot of mean low water mark.
No public comment.
Mr. Shaw made a motion to approve and issue. Mr. Sweet seconded the motion. Vote in favor was unanimous 7-0
Louis J. and Louise M. DiMeo, 5 Compass Circle. Proposed modifications to landscaping. Continued from May 8, 2014 at request of Board to allow Applicant opportunity to submit revised plans. RDA.
RESOURCE AREAS: Land Subject to Coastal Storm Flowage, Buffer zone to Coastal Bank/Salt Marsh.
Associate Member Louis DiMeo recused himself and stepped down.
Mrs. DiMeo represented the Application and stated that the proposal calls for an additional 4 feet of concrete wall of the pool deck with stone facing and bluestone cap. The area in between the
concrete will be filled with compacted material. The steps will be bluestone and will eliminate the existing hazardous 30” drop.
The Agent said that increasing the width of the pool deck with a concrete wall, steps, and shrub and tree plantings will address the safety concern. The area is pre-disturbed with native shrubs. Native shrubs affected by the construction must be moved to enhance the NVBS. He said there are no adverse impacts to the NVBS or to the stability of the coastal bank. The Agent recommended a Negative Determination.
No public comment.
Mr. Shaw made a motion to issue a Negative Determination. Mr. Sweet seconded the motion. Vote in favor was unanimous 7-0.
Mary A. Marchant, 186 Ninigret Avenue. Proposed replacement of damaged foundation of an existing dwelling and installation of utilities. RDA.
RESOURCE AREAS: Buffer Zone to Land Under Water Bodies (John’s Pond).
Mr. Steve Wilson of Baxter Nye Engineering represented the Application and stated that the foundation of the house was severely damaged by either a truck or a construction trailer. Plans call for lifting the house, removing the existing cinder block crawl space and replacing it with a poured concrete crawl space and placing the house right back on top. If needed, Mr. Wilson asked for permission to install utilities. There are no plans to remodel the dwelling or for additional landscaping. The disturbed areas will be replanted.
The Agent commented that there is no increase in footprint; there is no septic system work. This will just be repair to the foundation. He stated that there will be no adverse impact to John’s Pond. He recommended a Negative Determination.
No public comment.
Mr. Shaw made a motion to issue a Negative Determination. Mr. Sweet seconded the motion. Vote in favor was unanimous 7-0.
Aspen Properties Group, LLC, 27 Bayshore Drive. Proposed septic system upgrade.
RESOURCE AREAS: Land Subject to Coastal Storm Flowage.
Pam McEntee of Engineering Works, Inc. represented the Application and stated that plans call for installation of a new absorption system which will replace the existing failed septic system. She said that the work is within the 100 feet from the coastal bank but outside the 100-foot buffer of the BVW.
The Agent said that the new system will be placed as far back from the wetland as possible on the lot. He said that the coastal bank is vegetated, but is not considered to be a sediment source.
There will be no adverse impact to the coastal bank or to the wetland. Board of Health comments: The application has been submitted and is under review. The Agent recommended a Negative Determination.
No public comment.
Mr. Shaw made a motion to issue a Negative Determination. Mr. Sweet seconded the motion. Vote in favor was unanimous 7-0.
James W. and Mary P. Sabin, Jr., 55 Old Dock Lane. After-the-fact filing to allow for landscaping, lawn and irrigation installation. RDA.
RESOURCE AREAS: Land Subject to Coastal Storm Flowage.
Mr. and Mrs. Sabin represented the Application and stated that they purchased the property in December 2012. Mr. Sabin apologized to the Board for not filing the Application before starting the work and said that they were “ignorant of the regulations and process required”. He respectfully asked permission to be able to finish the project. Plans call for removal of plant beds, irrigation, briars, poison ivy and poison sumac in the back yard, as well as replacing the existing lawn and repositioning the irrigation. The side yard area currently filled with mulch will be replaced with lawn.
The Agent questioned the mix of seed for the proposed lawn. Mr. Dean Smith from Vetorino’s Landscaping said that the mixture will consist of 25% bluegrass, 37% fescue and 38% rye. The Agent said that this mixture is not acceptable because it does not comply with the Town’s By-law regulations for lawns. One of the reasons for establishing lawn standards is so that the lawn does not require a lot of fertilization or irrigation. The Agent said that water quality is an issue that all Cape Towns are struggling with and fertilizer runoff is one of the culprits due to high maintenance lawns. It is also the reason that water bodies are being nutrient loaded and subsequently closed for recreational use. He recommended a continuance of the hearing so the Applicant can submit a revised proposed lawn plan
that complies with Chapter 172 of the Mashpee Code.
The Agent noticed that recent pruning and cutting of vegetation has been performed on the side of the property closest to the water within Conservation Commission jurisdiction without a permit. He said that the Applicant extended this cutting and pruning to land that is owned by the neighborhood Association. He told the Applicant to have their property delineated to establish the property boundaries. The Agent said that the Applicant had neither a Conservation permit nor Association permission to perform the pruning and cutting. From 2007 photos, the Agent said that the entire area was forested. He said that the briars took root because the trees were cut down. He told the Applicant to do no further cutting of trees (or any vegetation) in that area.
The Agent said that a neighbor confirmed that the former owner did some of the unpermitted removal of trees on the property. However, the Agent said he cannot establish a definite time period when that occurred. Mr. Sweet said that the Association is responsible for the land it owns and should have told the former homeowner to cease and desist the tree removal.
No public comment.
Mr. Shaw made a motion to continue the hearing until June 12, 2014 at 6:06. The Applicant is to submit a revised lawn seed plan that is in compliance with the lawn standards under Chapter 172 of the Mashpee Code. Mr. Sweet seconded the motion. Vote in favor was unanimous 7-0
Charles L. Mack, 16 Bowsprit Point. After-the-fact filing to replace existing float with an encapsulated float.
RESOURCE AREAS: Land Under Ocean.
Mr. Mack represented his Application. He also said that he has an osprey nest on his chimney. The Agent said that the nest cannot be removed if there are eggs present. The Agent said that the osprey will return year after year to the same spot. He recommended some sort of cap for the chimney to deter the birds from returning next year.
The Agent explained that the float shall be encapsulated and the DEP # and address must be displayed on the float and the pile. He recommended a Negative Determination.
Mr. Shaw made a motion to issue a Negative Determination. Mr. Sweet seconded the motion. Vote in favor was unanimous 7-0.
Pre/Post Hearing Agenda:
Administrative Review: David M. and Ana Salceda Ferris, 36 Seconsett Point Road, DEP File No. Se 43-2676. Proposed tree pruning.
RESOURCE AREAS: LSCSF, Buffer zone to Salt Marsh/Bordering vegetated wetland.
Ms. Ana Ferris represented the Application and requested permission to prune trees growing close to the home in order to avoid damage during storms and windy conditions. The 5-foot diameter fire pit will be installed more than 50 feet away from the buffer zone.
Mr. Fitzsimmons questioned the fire pit installation. The Agent said that the fire pit will be installed inside the work limit permitted under the OOC. There will be no vegetation removal. There will be no adverse impacts. He said that the trees do pose a hazard to the dwelling and should be pruned. The Agent said that it is his opinion that this proposal is small in scope and does not affect any of the performance standards. He recommended approval of the request.
Mr. Shaw made a motion to issue approve the Administrative Review. Mr. Sweet seconded the motion. Vote in favor was unanimous 7-0.
Final Issuance date/discussion for Order of Conditions:
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.
There was no one in attendance to represent the Applicant.
The Agent referred to Attorney Barry Fogel’s letter asking the Board to discontinue granting extensions citing case law about the criteria for granting repeated extension requests. The Agent said that the Board has been understanding regarding the homeowners’ attempts to resolve issues with the neighbors. He said the proposal is very similar to another project on South Cape Beach that was appealed by the DEP. The Agent said that an Appeal is inevitable which repeated extensions will not prevent.
The Agent read an email sent by Attorney Mark Gildea after 4:30 p.m. The Applicants requested an extension of issuance of the OOC until June 30, 2014. The Agent said that the Board has already approved the Applications, but has delayed issuing the Order of Conditions until May 30, 2014. He said that the continual requests for extensions are unusual and not the normal protocol for the Board. Town Counsel warned about granting further extensions. The Agent said that he expected someone to be present to discuss the Application.
Mr. Anderson suggested that the Board should wait until May 30, 2014 and allow the Applicant to show good cause for the extension. He said that the Agent should compose a letter to Attorney Gildea seeking explanation for the extension requests. Mr. McKay said that the Board has been more than understanding and he sees no reason to continue the request. A lengthy discussion ensued as to whether or not to grant another extension or to issue the Order of Conditions by May 30th. Mr. Fitzsimmons said that this has been going on for months. The Agent said it has been 7 months and that it is disrespectful to the Commission to ask for an extension at the 11th hour. Mr.
Sweet said that he was in favor of having the Applicants resolve issues with their neighbors at Tidewatch. But now he sees that might not happen.
Mr. Gurnee made a motion to deny the request for an extension to June 30, 2014 and to instruct the Agent to issue the Order of Conditions by May 30, 2014. Mr. Shaw seconded the motion. Vote in favor - 7. Opposed – 1 (Mr. Anderson).
Richard Cook Appeals Court/DEP outcome.
Town Counsel informed the Agent said that all of the Appeals against the Town Boards (ZBA, Board of Selectmen and the Conservation Commission) have been denied, making the Town Boards victorious in their decisions. At the adjudicatory hearing with the State DEP, the abutters argued that NHESP was misinformed by the Applicant of the scope of the aquaculture proposal. DEP issued a judgment ruling in favor of the Applicant. The Agent referred to the
Amendment to the budget bill trying to designate the aquaculture area as an ocean sanctuary. He said that it is unlikely to pass the Senate and if it does, it will most likely be vetoed by the Governor. Mr. Sweet referred to the letter sent by Town Manager Joyce Mason criticizing this bill mentioning that this may cause conflicts with the Town’s ability to dredge.
Mr. Gurnee said that Greg Berman will be presenting a lecture on shore protection on the Cape during the month of June. He asked the Board if they would be interested in having Mr. Berman do that presentation at Town Hall. The Agent said that Mr. Berman is a very knowledgeable Coastal Geologist at WHOI. The Board expressed interest.
Mr. Gurnee said he will not be able to attend the June 12th meeting.
Mary E. Zocchi, Trustee, 9 Ockway Bay Road. Work was never commenced on SE 43-2123. Request for COC.
Richard R. and Jennifer D. Manganiello, 56 Kim Path. Work in substantial compliance with OOC 43-2673. Request for COC.
Mr. Shaw made a motion to adjourn the meeting. Mr. Sweet seconded the motion. Vote in favor was unanimous 8-0. Meeting was adjourned at 7:30 p.m.
Respectfully submitted,
Cynthia Bartos
Administrative Secretary, Conservation Department
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