Conservation Commission
Minutes of June 26, 2014
Public Hearings
Mashpee Town Hall
Waquoit Meeting Room
Commissioners: Board Members John Fitzsimmons, Ralph Shaw, Mark Gurnee, 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 John Fitzsimmons at 5:55 p.m.
There was no public comment.
Approval of Minutes: June 12, 2014 and June 26, 2014 Minutes. Mr. Shaw moved to approve the June 12 and June 26 Minutes, seconded by Mr. Sweet. Vote was unanimous. 7-0
Administrative Review: Marcell DeOliviera, 106 Wheeler Road. DEP #SE 43-2742. Proposed Modifications to site plan to include altering stair construction and adding a patio to rear of home.
Nelson Oliviera explained the proposed modifications. The modifications would include moving the stairs to the left in order to have more room on the deck. Also, they would like to add a 12 by 12 paver patio.
The Agent stated these are minor changes to the originally approved plan for a single family home construction. The plan has been modified to reflect the changes.
No comments from the public.
Motion: Mr. Shaw moved to approve the administrative review for 100 Wheeler Road as proposed, seconded by Mr. Sweet. Vote unanimous. 7-0
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, and May 8, 2014. Due to scheduling conflict, Engineer requested continuance to June 26, 2014 to allow time for new structural engineering plans. Engineer requests additional continuance to August 28, 2014. NOI
Motion: Mr. Sweet moved to continue the hearing until August 28, 2014 at 6:00 p.m. as requested by the engineer. Seconded by Mr. Shaw. Vote 7-0. Unanimous.
6:03 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 requested continuance from June 12 to June 26, 2014. RDA
Resource Area: Land Under Waterbody Wakeby Pond
Jack Vaccaro, Vaccaro Environmental Consulting, was representing the applicant. Mr. Vaccaro explained the applicant is proposing to install four piles to provide lateral support to an existing floating dock. The piles will be placed with two near the end of the dock and two close to the shore near the end of the access ramp. The piles will be driven by hand. Mr. Vaccaro stated this is a structure that will need to be licensed through DEP by issuance of a Chapter 91 permit. The Agent noted there will be a requirement to display the Chapter 91 license as well as the address. He referred to the photos and stated the applicant wants to take the seasonal status and change it to a permanent dock. Natural Heritage had no issues. The Agent recommended a Negative Determination.
There was a brief discussion on the size of the dock. The Agent stated the size of the dock was not a concern in this area. Mr. Vaccaro stated the ramp is a 4 foot ramp and the dock is made up of 5-foot sections.
No Comment from the Public.
Motion: Mr. Shaw moved a Negative Determination, seconded by Mr. Sweet. Vote unanimous 7-0 unanimous.
6:06 Popponesset Beach Association, 0 Uncle Percy’s Road. Proposed aquatic management of Dean’s Pond. In order to resolve issues, Engineer requested continuance from May 22 to June 26, 2014. Applicant has requested additional continuance to August 14, 2014 at 6:00 p.m. NOI
Motion: Mr. Sweet moved to approve the request to continue the Popponesset Beach Association Hearing to August 14, 2014 at 6:00 p.m., Mr. Shaw seconded the motion. Vote unanimous. 7-0.
6:09 Kristin V. Van Beek, 357 Monomoscoy Road, Proposed demolition of two existing structures to be replaced with construction of a single-family dwelling and detached garage, relocation of a shed and installation of a retaining wall. NOI.
Resource Area: LSCSF, Buffer Zone to Salt Marsh, Land Under the Ocean
Jack Ryder, BSS Design, was representing the applicants. Mr. Ryder discussed the proposed project includes the demolition of the existing house, cottage, porches, patios, walks and driveway and construction of the proposed house, garage, steps, driveway, wall and deck. The septic system will be upgraded to meet Title 5 regulations. The dock has an existing license. The proposal is to elevate and reconstruct the first dwelling which will have three bedrooms and to replace the second building with a bedroom over the garage. Relocation of the shed will be between the two structures next to the septic system. There will also be an entry patio and garden. Mr. Ryder talked about the mitigation. There will be an increase of impervious surface between the 50 and 100 foot setback to the salt
marsh of 154 square feet and the buffer will be widened from 10 feet to 20 feet. The Agent showed the Commissioners photos of the site and said this lot was developed prior to the enactment of the Wetlands Protection Act and, therefore, is exempt from current standards involving lots within the flood zone. He stated that nothing being proposed would adversely affect those standards. There will be no adverse impact to the salt marsh or BVW, or coastal bank, nor encroachment into those areas. All the development is to take place in previously developed areas. The Agent described the mitigation area which was phragmites for the most part. Stakes were placed in the area where the enhancement of the mitigation is proposed. The Agent stated mitigation does require identifying the species and asked for this to be included in the plan.
No comment from the public.
Motion: Mr. Shaw moved to Close and Issue, Seconded by Mr. Sweet. Vote Unanimous 7-0.
6:12 Cotuit Solar, LLC, 36 Savannas Path. Proposed renovation of existing structure into commercial space and construction of a warehouse along with utilities, stormwater management, driveways and parking areas. Engineer requests continuance to July 10, 2014 to allow time for field staking on the property@ 6:03.
Motion: Mr. Sweet moved to continue this hearing to July 10 at 6:03 p.m., seconded by Mr. Shaw. Vote Unanimous 7-0.
6:15 Southport of Cape Cod, 23 Southport Drive. Proposed upgrades to stormwater management. RDA
Resource Area; Buffer zone to BVW (associated with Martha’s Pond)
Ronald Bonvie, Developer from Southport, explained the project and noted there are three existing drainage outlets and stated there is minor scouring at the end of the drain outlets that have occurred over the last 10-15 years. When the engineer was designing this area to develop the housing proposal which was approved by the Planning Board, he determined the scouring could increase. Mr. Bonvie asked the commissioners to approve the improvement of the three drainage outlets which would consist of a catch basin in which the water would go into the manhole; thereby, reducing the velocity. Additional stone would be added and all of the work would be 80 to 85 feet away from Martha’s Pond instead of 100 feet. Mr. Bonvie stated he is trying to do some good planning so he doesn’t have a problem in the future.
The Agent stated the lots are in the process of being cleared for development. He showed the Board photos of the area and said the proposed improvements would break up the velocity. This is an improvement from the existing design and will save a lot of issues down the road. The Agent recommended a negative determination. Following a discussion on the details of the design, there were no comments from the public.
Motion: Mr. Shaw moved for a negative determination, seconded by Mr. Sweet. Vote Unanimous. 7-0
6:18 George R. and Patricia Leach, 30 Overland Road. Proposed replacement of a wooden bulkhead with a new bulkhead and replacement of a seasonal pier structure with a permanent pier structure. NOI
Resource Areas: LUO, Coastal Bank, Salt Marsh, Land Subject to Coastal Storm Flowage, ACEC Area
Matt Costa, Cape and Islands Engineering, was representing the applicants. He said they were requesting approval to do improvements to the property including the seasonal pier. DEP has been consulted about making the pier a permanent structure because it is in the ACEC. The rationale is that the permanent structure will have less damage by not having it installed and removed every year. The proposal calls for installation of pilings. In addition, the pier is going to have a small ramp from an existing pathway. The property has an existing bulkhead made up of pilings which extends the entire length of the property. With erosion on the existing bulkhead, building a new bulkhead in front of the existing one will maintain the stabilization of the bank. The bulkhead will be made up of rigid corrugated
material and will be a navy wall design. Mr. Costa said there will be some disturbance along the entire length of the wall but this will be re-vegetated with natural grasses. The existing Rosa Ragusa will not be disturbed. The stairs will also be rebuilt. The Agent stated the project does meet the performance standards. He noted the erosion on the bank. The Harbormaster and Shellfish Constable have no problem with the proposed project. The Agent recommended establishing the permanent dock and approved the mitigation plantings. Following a discussion on the details of the construction of the bulkhead, the Agent recommended to close and issue.
No comments from the public.
Motion: Mr. Shaw moved to close and issue, seconded by Mr. Sweet. Vote unanimous. 7-0
6:21 Leslie A. Caffyn Wagner, 10 Popponesset Island Road. Proposed additions to existing dwelling will include patios, covered entry, garage and breezeway as well as installation of septic upgrades and an Osprey Nesting Pole. NOI
Resource Areas: LSCSF, Buffer Zone to Coastal Bank, Coastal Dune, Salt Marsh and Land Under Ocean, Popponesset Bay.
Matt Costa, Cape and Islands Engineering, was representing the applicant. Mr. Costa reviewed the resource areas. The applicant is proposing to rebuild the structure, add some patios to the landscaping scheme, as well as add a breezeway and one car garage. At present, the structure is 31 feet to mean high water and all the work is being done in a legally previously altered buffer zone area. All the work will be done within the buffer zone, with the following exception: excluding to land subject to coastal storm flowage (denoted by elevation 11 which is flood zone A) which wraps around the existing structure and connects onto the adjacent property. Mr. Costa stated they have calculated the mitigation based on the Commission’s requirements and considered the patios as being structures. At the closest
point, the patio will be about 19 feet from mean high water. The patio is in a previously disturbed buffer zone area which is all woodchips. Plans call for installation of drywells. Because access will be necessary over the septic system, a small alteration to the septic system is planned along with putting sensitive components to the septic system in a box underground. Mr. Costa explained the mitigation plantings are in an area of the coastal bank which is not well stabilized. Grasses will be planted and an Osprey nest will be built on a pole located near the end of the point. The nest is not in a Natural Heritage Area and it will be kept out of the natural tree line. The existing revetment and pier are licensed structures. The driveway will be realigned with the surface consisting of crushed stone material.
The Agent reviewed some of Mr. Costa’s comments. He stated most of the area surrounding the house, with the exception of the spit that goes out on the creek side, is previously disturbed. In the front of the house are wood chips and next to the house a large oak tree will be saved. The proposed patio on the bay side is existing turf going up to an armored coastal bank which is entirely pre-disturbed conditions. The Agent noted another patio on the other side of the house triggered the mitigation and recommended grasses rather than shrubs. The project meets all the performance standards. The Agent noted the Osprey previously built its nest on top of the chimney so the recommendation was made to the owner to put a device on the chimney. The Agent said he and Mr. Costa identified the site on the
spit to make sure it is not near trees and is in a suitable habitat. The Agent recommended to close and issue.
No comments from the public.
Motion: Mr. Shaw moved to Close and Issue, seconded by Mr. Sweet. Vote unanimous. 7-0
6:24 Matthew P. Cedrone, Trustee, 17 Seaview Avenue. Proposed demolition of an existing structure and construction of a single family dwelling along with a septic system upgrade and landscaping improvements. Representative requested continuance from June 12, to June 26, 2014. Applicant now requests Withdrawal of Application for RDA. RDA
Motion: Mr. Shaw moved to approve the applicant’s request to withdraw, seconded by Mr. Sweet. Vote unanimous. 7-0
6:27 Mary E. Degon and Thomas a Dupree, 236 Wheeler Road. Proposed tree removal and tree pruning. RDA
Gary Degon was present and explained there are three trees that need attention. He asked for permission to remove Tree #1 which is a white oak that is rotting. Tree #2 is a hickory which needs trimming of one big branch and a small branch that snapped. Tree #3 is a dead pine - Mr. Degon expressed concern that it will come down at some point and fall into the water. The Agent agreed what was stated as to the condition of the trees and recommended a Negative Determination.
No comments from the public.
Motion: Mr. Shaw moved a negative determination, seconded by Mr. Sweet. Vote unanimous. 7-0
Motion: Mr. Shaw moved to adjourn the meeting, seconded by Mr. Sweet. Vote unanimous 7-0 Meeting adjourned 7:32 p.m.
Respectfully Submitted,
Judy Daigneault, Recording Secretary
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