Conservation Commission
Minutes of June 12, 2014
Public Hearings
Mashpee Town Hall
Ockway Meeting Room
Commissioners: Board Members John Fitzsimmons, Ralph Shaw, Brad Sweet, John Rogers, Robert Anderson, and Dale McKay, and Associate Member Louis DiMeo.
Staff Present: Conservation Agent Drew McManus and Recording Secretary Judy Daigneault.
Call Meeting to Order: 5:55 p.m.
The meeting was called to order with a quorum by Chairman Mark John Fitzsimmons at 5:55 p.m.
No public comment.
Pre/Post Hearing Agenda:
Approval of Minutes: May 22, 2014.
Motion: Ralph Shaw moved to approve the minutes of the May 22, 2014 meeting. Seconded by Brad Sweet. Vote unanimous 6-0
Request to Cancel Meeting on July 24, 2014.
The Agent stated that he will be on vacation for the July 24 meeting and requested that this meeting be canceled.
Motion: Mr. Shaw moved to cancel the July 24, 2014 meeting, seconded by Mr. Sweet. Vote unanimous. 6-0
MACC Online Manual
The Agent informed the Conservation members that the MACC manual is online and the members will be given their log-in information. The office will print the manual for any of the members that do not have access to a computer.
Dog Waste Stations Purchased
The Agent informed the members that Dog Waste Stations were purchased for several conservation areas at the suggestion of a citizen. There will be 8 stations with pull bags for owners to pick up after their dogs and a sign that says “Please Clean up After Your Dogs”.
Santuit Pond Fish Ladder Updates
The Agent updated the members on the fish ladder at Santuit Pond. He showed pictures and stated the high flow coming down the ladder created a lot of turbulence. The fish were able to ascend the bottom pools without a problem but when they got to the 4th and 5th pool they were washed back down, several at a time. Regardless of the design, they were still getting into the pond. Based on the Division of Marine Fisheries recommendation, concrete blocks were placed going up each ladder. The purpose is to increase the pool depth to create a resting area for the herring. The Agent said time will tell if this will resolve the problem. The other solution is to try to raise the water level where the herring gather at the bottom of the ladder in an effort to ease the congestion in and
make the transition into the first pool a little easier. Since the run is coming to an end, next year will reveal if this will help. The water level is increased about 2 inches in this area.
HEARINGS:
6:00 Gooseberry Island Trust and SN Trust, 0 Gooseberry Island and 0 Punkhorn Point Road. Proposed construction of a bridge and driveway to provide vehicle access to Gooseberry Island from property located at end of Punkhorn Point Road. Continued from March 27, 2014 and May 2, 2014 – Applicant to research/submit documents. Due to scheduling conflict, Engineer requests another continuance to June 26, 2014. NOI
Motion: Mr. Shaw moved to continue the Gooseberry Island Trust and SN Trust Hearing to June 26, 2014 at 6:00 p.m. Vote unanimous 6-0
6:03 Aldo R. and Sandra Esposito, 25 Sand Dollar Lane. Proposed installation of a patio area using pavers and field stone. Continued from May 8, 2014 - Applicant to submit detailed plan of proposal. Applicant requests another continuance to July 10, 2014 at 6:00 p.m. RDA
Motion: Mr. Shaw moved to continue the Aldo R. and Sandra Esposito Hearing to July 10, 2014 at 6:00 p.m. Seconded by Mr. Sweet. Vote unanimous 6-0
6:06 James W. and Mary P. Sabin, Jr. 55 Old Dock Lane. After the fact filing to allow for landscaping, lawn and irrigation installation. Continued from May 22, 2014. Applicant to submit revised grass seed plan in compliance with Conservation Regulations. RDA.
Resource Area: Land Subject to Coastal Storm Flowage
Mary Sabin, homeowner, stated she has resubmitted an updated RDA with a revised grass seed plan compliant with Mashpee Conservation requirements. The Agent referred to the grass seed mix which is in line with the conservation standards. The species are compliant with the lawn standards. He also noted that they will comply with the Mashpee low impact annual fertilizer program outlined in Regulation 30 which will be provided to the landscaper. The Agent recommended a negative determination.
Motion: Mr. Shaw moved a negative determination, seconded by Mr. Sweet. Vote unanimous. 6-0.
6:09 Carla E. Mullen, Trustee, 188 Pimlico Pond Road. Proposed installation of four hand-driven piles to support an existing floating dock. Due to scheduling conflict, Engineer requests continuance to June 26, 2014 @ 6:03 p.m. RDA
Motion: Mr. Sweet moved to continue the Carla E. Mullen, Trustee Hearing to June 26, 2014 at 6:03, seconded by Mr. Shaw. Vote unanimous. 6-0.
6:12 Mary R. MacSuga, 126 Captains Row. Proposed tree and shrub pruning, removal of hazardous trees, installation of pavers under existing deck and installation of a shed. RDA
Resource Area: Riverfront Mashpee River
Michael Hope, ACG Arboriculture, represented the homeowner. He described the project is to remove large dead branches from an oak tree on the right side of the house, remove two marked trees in the front by the road side, remove branches from another oak overhanging wires and the house, and remove overgrown arborvitae against the front corner of house. Plans call for installation of a shed along the right side of the property line and pavers under the existing deck in front of slider to prevent sand and dirt wash out.
The Agent stated this is a riverfront area on Mashpee River. He reiterated what Mr. Hope previously stated. The Agent stated the shed is a prefab shed placed on concrete blocks and will be located in an area devoid of vegetation and does not require Conservation Commission approval. The Agent showed pictures of the work to be done. He stated the work is basic pruning maintenance and removal of some of the hazardous trees on the lot, along with installation of a prefab shed and concrete pavers under the existing deck in an entirely pre-disturbed area. There is no adverse impact to riverfront or to water quality or stability of the bank. The Agent recommended a negative determination.
No comment from the public.
Motion: Mr. Shaw moved a negative determination, seconded by Mr. Sweet. Vote unanimous 6-0.
6:15 John G. Weigel IV and Linda S. Smith, 33 Sturgis Lane. After the fact filing to allow for construction of a wooden fence, removal of trees and mitigation planting. RDA
Resource Area: Buffer Zone to Bank/Mashpee Wakeby Pond
Matthew Creighton, BSC Group, represented the homeowners, and stated this is an after- the-fact filing for the installation of a wooden fence and the removal of two trees from within the buffer zone to the bank. The wooden stockade fence, of which approximately 75 feet is located within the buffer zone, is approximately 30 feet from the top of the bank. The fence does not interfere with wildlife passage along Mashpee-Wakeby Pond.
Mr. Creighton also noted that two damaged Cherry trees were removed, one of which had lost its canopy in a storm. The homeowners are looking to replant six different trees and two shrubs. Mr. Creighton stated it is proposed to conduct mitigation planting, while areas infested with bittersweet, poison ivy and grapevine will be treated based on field conditions. Mr. Creighton said that an herbicide solution that is safe to use near the pond will be applied in August before any planting is done. The planting will be done in the fall so it won’t require irrigation. Mr. Creighton explained the use of the herbicide spraying and stated he would get more details from the licensed professional. Mr. McKay asked that the details of the herbicide spraying be added to the narrative.
There was a brief discussion about the fence and its impact on wildlife passage. The homeowner agreed to make cuts on the bottom of the fence which will be included in the narrative.
The Agent recommended a negative determination.
No comments from the public.
Motion: Mr. Shaw moved a negative determination, seconded by Mr. Sweet. Vote unanimous. 6-0
6:18 Matthew Cedrone, Trustee, 17 Seaview Avenue. Proposed demolition and rebuilding of single family dwelling with Title 5 septic system upgrade and landscaping improvements. RDA
The Agent stated the applicant has requested a continuance.
Motion: Mr. Sweet moved to continue the hearing until June 26, 2014 at 6:24 p.m., seconded by Mr. Shaw. Vote unanimous
6:21 Popponesset Beach Association, 0 Uncle Percy’s Road. Proposed vegetation and pathway maintenance around Dean’s Pond. RDA
Resource Area: Dean’s Pond, Shore Drive
Mr. Phil Harris, Popponesset Beach Association, stated the landscape company was supposed to be present. He said the path has been in existence for over 50 years and has gotten narrow. The Popponesset Beach Association requests permission to maintain and enhance the existing walkway path between Pembroke Drive and Pondview Road. The homeowners have deeded beach rights to Sandy beach and the path is their main access to the beach. The PBA wants to re-grade the areas along the path where the soil has eroded. The plan is to remove the deteriorating asphalt and construct a four foot wide stone dust walkway. The walkway will be steel edged along the sides of the path. Any exposed areas along the walkway during the construction will be seeded with wildflower mix.
The Agent defined the pathway on the pictures provided and stated he talked to some members about putting plantings in the washout areas. The Agent also stated it is a basic project to maintain the pathway for recreational access. Mr. Sweet suggested putting bicycle racks at several locations. Mr. Harris said he would suggest this to the Board. Mr. Anderson was concerned with the safety of the steel edging. Mr. Harris explained the top of the edging is curved and has been used for a long time.
The Agent asked that everything being proposed be included in the narrative. He suggested to also include in the narrative notification to the Commission what will take place and when it will take place.
No comments from the public.
Motion: Mr. Sweet moved a negative determination, seconded by Mr. Shaw. Vote unanimous. 6-0.
Jehu Pond
The Agent showed the commissioners a picture of the improvements at Jehu Pond.
42 Fells Pond: (Lopez/Lando Enforcement) – mitigation plantings status.
The Agent stated that according to homeowner Mr. Lando the plantings were completed at the end of May. The Agent showed pictures of the area of the plantings where the pathway previously existed. There was a crushed clamshell pathway going all the way up to the water and filled in with sand to create a beach area. The sand is gone, topsoil was brought in and the plantings closest to the water are inkberry and summer sweet matching the exact type of plantings on either side. Further back are plantings of sweet fern viburnums and bayberry. These plantings need to be monitored for the next three years. The landscape company needs to submit yearly monitoring plans letting the Commission know the status of the plants. Overall, the plants must be maintained at a 90% success rate. After three years, if
the Commission feels the mitigation was a success, the enforcement matter can be considered to be closed. If not, the Commissioners can make requirements for whatever needs to be done. The Agent stated with proper care and maintenance over three years it will look like the natural buffer area it once was. The Agent said he will be talking to Mr. Lando about how the plantings will be watered and Mr. Lando also knows he cannot go through this area to access the pond. If this is the case, The Agent stated he would recommend the Peninsula Counsel address trespass issues with Mr. Lando. The purpose of this mitigation is to restore a naturally vegetated buffer strip and trespassing issues are outside of the Commission’s purview.
There was a discussion regarding the property line. The Agent stated there is a surveyed plan on file when the house was built which can be used as a reference. The existing plan can determine where the plantings should come out and if the pathway close to the house should be eliminated. If the property owner does not agree with the determination of the property line, the Commission can require that he get the property surveyed. The Agent clarified that Mr. Lando showed him on an engineer plan the pathway going to the water. Although the original owners who constructed the house created the pathway, Mr. Lando did continued to use the path and brought sand in to use as his own personal beach. The Agent stated what needs to be done at this point is a timeline. He explained to Mr. Lando what
needs to be done in terms of additional plantings, getting rid of any portion of the pathway and covering it up with mitigation that falls outside his property line. The Agent the Commission for guidance as to how much time Mr. Lando should be given to accomplish this. The Agent stated his plan was to get in touch with Mr. Lando and his landscaper next week onsite. The plan depicts exactly what the linear foot setback is to the edge of the property from the pond. The property will be staked and then the homeowner will plant additional plantings of the same variety that have been planted already so there is no incentive to use that area anymore. Mr. Sweet suggested writing a letter to the Homeowners’ Association informing it of the strong action the Commission is taking in this situation for protection of their property. He said that that Homeowners’ association has not protected its own property rights. In addition, Mr.
Sweet suggested writing to the Association about the Commission’s concern regarding property around this freshwater pond. The property needs to be monitored; perhaps signage could be placed in the area stating this is private property.
The Agent will meet with Mr. Lando and his landscaper and report back to the Commission.
Being no further business,
Motion: Mr. Shaw moved to adjourn the meeting, seconded by Mr. Sweet. Vote unanimous 6-0. Meeting adjourned 7:15 p.m.
Respectfully submitted,
Judy Daigneault, Recording Secretary
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