Conservation Commission
Minutes of August 14, 2014
Public Hearings
Mashpee Town Hall
Waquoit Meeting Room
Commissioners: John Fitzsimmons, Ralph Shaw, Brad Sweet, John Rogers, Robert Anderson and Mark Gurnee.
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 Chairman John Fitzsimmons at 5:55 p.m. Meeting was televised.
There was no public comment.
PRE/POST AGENDA:
Approval of Minutes: July 10, 2014.
Motion: Mr. Shaw moved to approve the minutes of July 10, 2014. Vote 5-0-1 with Mr. Anderson abstaining since he wasn’t present at the meeting.
Discussion: Non-biodegradable components (filter fabric and wire meshing) to soft solutions. (South Cape Beach/New Seabury Golf Course projects).
The Agent brought the Commissioners up-to-date on the non-biodegradable components (filter fabric and wire meshing) to soft solutions at South Cape Beach. The State had intervened while the construction was in progress because the contractors were wrapping the core envelopes with filter fabric; whereas, these projects are supposed to be 100% biodegradable materials only. The State contacted the Agent asking him to follow up with the Town on this because this was not part of the original project. The Agent had discussions with the Town Manager, the DPW Director and the State Department of Environmental Protection. In order to reach an amicable agreement between the State and the Town, the Agent recommended leaving the filter fabric that has already been installed and, for the remaining portion of the project,
not to use filter fabric. The Town would then submit an Amended Order of Conditions based on the Agent’s recommendations which would include: 1) filter fabric shall not be used for the remaining portion of the project and 2) if the filter fabric is damaged, it would not be replaced and would be cleaned up immediately. The Agent said after some discussions with the State, the State conceded that portion of the project. DPW will be submitting an Amended Order of Conditions in the near future. The Agent noted the State has made it perfectly clear, from this point forward, that these components are not to be added in these types of projects. The Agent noted that when a contractor makes a change in a project, the contractor must notify the Conservation office and come back before the Commission to request those changes.
HEARINGS:
6:00 Popponesset Beach Association, 0 Uncle Percy’s Road. Proposed aquatic management of Dean’s Pond. Continued from May 22, 2014. Applicant requests additional continuance to September 14, 2014. NOI.
Motion: Mr. Shaw moved to continue the hearing at the request of the Applicant to September 14, 2014 at 6:00 p.m. Seconded by Mr. Sweet. Vote unanimous 6-0.
6:03 Kenneth and Gloria J. Liatsos, 118 Shore Drive West. Proposed coastal bank stabilization (soft solution) and coastal beach mitigation replenishment. At request of Engineer continued from July 10, 2014 to allow for DEP review. In order to accommodate abutters’ schedule, Attorney Gildea requests additional continuance to August 28, 2014. NOI.
Motion: Mr. Shaw moved to continue the hearing at the request of the Attorney until August 28 at 6:12 p.m. Seconded by Mr. Sweet. Vote unanimous 6-0.
6:06 David and Glenys Pinchin,124 Shore Drive West. Proposed coastal bank stabilization (soft solution) and coastal beach mitigation replenishment. At request of Engineer continued from July 10, 2014 to allow for DEP review. In order to accommodate abutters’ schedule, Attorney Gildea requests additional continuance to August 28, 2014. NOI.
Motion: Mr. Shaw moved to continue the hearing at the request of the Attorney until August 28, 2014 at 6:15 p.m. Seconded by Mr. Sweet. Vote unanimous. 6-0
6:09 Michael J. and Dawn M. Southwick, 126 Shore Drive West. Proposed coastal bank stabilization (soft solution) and coastal beach mitigation replenishment. At request of Engineer, continued from July 10, 2014 to allow for DEP review. In order to accommodate abutters’ schedule, Attorney Gildea requests additional continuance to August 28, 2014. NOI.
Motion: Mr. Shaw move the hearing be continued at the request of the Attorney until August 28 at 6:18 p.m. Seconded by Mr. Sweet. Vote unanimous 6-0.
6:12 John P. and Roxanne L. Feeney, 63 Uncle Henrys Road. Proposed demolition of existing structure and construction of single family dwelling with a deck and porch as well as relocation of an existing septic system. NOI.
Resource Area: Land Subject to Coastal Storm Flowage.
Matthew Costa, Cape and Islands Engineering, was representing the applicant. Mr. Costa stated the Applicant is planning to raze the existing three bedroom, single-family dwelling and construct a new three bedroom, single-family dwelling with a porch and deck which will conform to current flood zone standards. The existing septic system will remain. The Agent stated the Board of Health is reviewing the Application. The Agent noted the lot is landlocked within land subject to coastal storm flow. With the exception of a couple of oak trees, the lot is pre-disturbed and the proposed rebuild is in the same footprint as the house. The Agent recommended to Close and Issue. The Commissioners discussed the location of the lot and the possibility of adding drywells to the lot. Mr. Costa noted
there are no storm water issues that they are aware of and there is no need to put extra drainage on the property. He said they are putting in drywells to recharge the roof runoff and that street runoff does not apply to this area. The Agent agreed with Mr. Costa and said that the drywells as noted on the plan are sufficient.
No Comment from the public.
Motion: Mr. Shaw moved to Close and Issue, seconded by Mr. Sweet. Vote unanimous. Vote 6-0.
6:15 Suzanne B. Greenberg, Trustee, 35 Santuit Lane. Proposed removal of hazardous trees and pruning trees. RDA
Resource Area: Buffer Zone to Land Under Water. Santuit Pond.
Jason Charlton, Arborist, SavATree and SavaLawn, was representing the applicant and explained that dead wood pruning is needed and there is one tree in the rear on the water’s edge that needs to be removed. This tree is in severe decline and is a severe liability to the house. The Agent noted the trees on the photos and said these trees are off the shoreline except for the one that needs to be removed. There is no bordering vegetated wetland associated with the lot. The Agent requested that the stump be left in place on the shoreline to prevent erosion and recommended a negative determination.
No comments from the public.
Motion: Mr. Shaw moved for a negative determination, seconded by Mr. Sweet. Vote unanimous. Vote 6-0.
6:18 David J. Carr, 7 Whippoorwill Circle. Proposed replacement of existing deck with construction of a new deck (with concrete footings) within same footprint. RDA.
Resource Area: Land Subject to Coastal Storm Flow, Ockway Bay.
Nicholas Ayers, M and N Builders, represented the applicant. He explained the project involves replacing the existing deck on the far end of the house. The footprint will remain the same. The Agent commented that it is a landlocked lot which is within the land subject to coastal storm flow. There will be no altering of any existing vegetation and there will be minimal disturbance to land subject to coastal storm flow. He recommended a negative determination.
No comments from the public.
Motion: Mr. Shaw moved a negative determination, seconded by Mr. Sweet. Vote unanimous. 6-0.
6:21 Paul C. Trane, et al, Tr., 124 Summersea Road. Proposed demolition of existing structure and construction of a single family dwelling with driveways, pool and utilities. NOI.
Resource Area; Land Under Ocean, Ockway Bay, Salt marsh, Coastal Bank and Land Subject to Coastal Storm Flowage.
Jack Vaccaro, Vaccaro Environmental Consulting, Inc., represented the applicant. Mr. Vaccaro explained the project involves the demolition and removal of an existing single family house and the construction of a new single family house with driveway. The construction will include disturbance within the 100 foot buffer zone of a salt marsh and coastal bank. The house will be moved back about 6 feet. The proposed patio at the back of the house will extend a bit closer to the coastal bank. This area is maintained as a mowed lawn. Mr. Vaccaro noted on the coastal bank there is an area that has been used for compost which has affected the vegetated area. As part of the mitigation plan, that material will be removed and that part of the coastal bank will be replanted. A mitigation plan was
submitted. Part of that plan includes planting a row of native plantings on top of the coastal bank. The combined total of mitigation effort represents 1000 square feet of native plantings.
Mr. Vaccaro stated that the existing house is a 3 bedroom and the proposed house is a 3 bedroom house. There was some discussion with the Health Agent regarding one of the rooms in the house. The architects have committed to redesigning that living space to ensure that it cannot be used as a bedroom. The septic system will be as far out from Ockway Bay as possible. In order to improve storm water runoff, installation of three drywells is planned. Mr. Vaccaro said the project provides some good environmental benefits and requests that the Commission review and approve.
The Agent noted the project narrative mentions a pool and there is no pool. Mr. Vaccaro will revise the narrative. Mr. Vaccaro said they are proposing to use bluestone with stone dust for the proposed patio. The Agent also noted the Board of Health approved the septic system on August 7, 2014. Mr. Vaccaro explained that two trees - a ten inch oak and an eight inch oak - will be removed in the proposed driveway. The Agent felt the excavation of the foundation will affect the root systems of the trees which will become more of a hazard. Furthermore, with all of the construction he could not see them surviving. The Agent also mentioned the pitch pines at the top of the coastal bank and stated his concern with any pruning/excessive trimming because those trees will be close to the
proposed patio. He suggested that this be included in the Orders of Conditions: that this vegetated bank be maintained as such and not be compromised because of the patio encroaching closer to the trees. Mr. Vaccaro said the owners want the patio because they don’t want to have a big lawn and they seem comfortable with the view of the bay they have right now. He said they would agree to add this to the Order of Conditions. The Agent stated the applicants are requesting a waiver because of the encroachment of one of the additions and the proposed patio proposed closer to the coastal bank. There is no part of the project that is going to adversely affect the coastal bank. The reason for a waiver is because when a proposal is within 50 feet of a resource area of a coastal bank, one of the waiver criteria is the offering up of compensatory plantings in areas that are considered to be pre-disturbed. He noted that a waiver request is always at
the discretion of the Commission. The Agent also noted that the proposal calls for eliminating grass, with mitigation in an area that needs it, as well as improving the top of the coastal bank with additional vegetation in exchange for a patio. Mr. Gurnee asked about the runoff from the patio. Mr. Vaccaro said the planting area could be raised to contain that runoff and a raised berm could be created so the plantings could be put on top of the coastal bank. Mr. Vaccaro would discuss those options with the homeowner and get back to the Agent.
Mr. Anderson asked that the narrative include a statement that the septic tank would remain in its current location.
No comments from the public.
Motion: Mr. Shaw moved to Close and Issue, seconded by Mr. Sweet. Vote unanimous 6-0.
6:24 Paul W. Cooper, et al Trustees, 10 Shorewood Drive. Proposed removal of existing cesspool and construction of septic system upgrade. RDA.
Resource Area; Buffer Zone to Land Under Water, John’s Pond.
Mr. Peter McEntee, Engineering Works, Inc. was representing the applicant. Mr. McEntee said the proposed project will consist of installing a completely new septic system consisting of a sledgehammer I/A Treatment Unit, UV Disinfection Unit, D-box and soil absorption system with associated piping. The existing cesspool will be removed by the contractor as shown on the plan. The Board of Health approved the application on July 13, 2014. 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.
6:27 Dean and Linda Schaffer, Popponesset Island Road. Proposed demolition of existing structure and construction of a single family home with deck, stairs and garage as well as new Title 5 septic system. Engineer requests continuance to September 11, 2014. NOI.
Motion: Mr. Sweet moved a continuance at the engineer’s request to September 11, 2014 at 6:03 p.m. Seconded by Mr. Shaw. Vote unanimous. 6-0
6:30 Alton G. and Marjorie B. Lipkin, Trustees, 63 Waterline South Drive. Proposed modifications to existing state licensed dock. RDA.
Resource Area: Land Under Ocean, Land Under Salt Ponds, LSCSF Salt Marsh.
Alton and Marjorie Lipkin were present and stated they are in the process of selling their house. The Agent said this is a dock that was previously permitted by the Town and the State, but it was built longer than as shown on the plans. The reason for the additional length is to reach sufficient water depth to prevent the boat from being grounded at low tide. It was recommended it be built longer on the seaward side, but it was extended on the landward side. Subsequent to submitting their application, the Lipkins’ found the Certificate of Compliance from the State. The Agent’s recommendation was to withdraw their request. He suggested that the Applicant submit in writing a request for withdrawal for the record. The Agent said the official request for withdrawal will be included on the next
Agenda.
6:33 Stuart McLeod, Trustee, 81 Seconsett Point Road. Proposed reconstruction of elevated walkway, gangway and float within same footprint as existing structure.
RDA.
Resource Area; Land Bordered by Waquoit Bay and Little River.
Mark Burtis, Little River Dock Construction was representing the applicant and explained the proposed project is to rebuild a wooden 4x42-foot elevated walkway washed out by storm damage and replace it with 3x14-foot gangway and 8x16-foot float within the same footprint on Little River. The Agent noted this would require the Harbormaster’s sign requirements of the address and the DEP license displayed in perpetuity. Mr. Burtis spoke about a vinyl wall at this location that was previously approved by the Commission and that the Applicant would like to add a pile in front of the wall. The owner has requested that the Commission formally grant permission. The Agent suggested Mr. Burtis submit an Administrative Request so the Commission can formally vote on the proposal.
No comment from the public.
Motion: Mr. Sweet moved a negative determination, seconded by Mr. Shaw. Vote unanimous 6-0.
6:36 Mary Macsuga, 126 Captains Row. Proposed reconstruction of elevated fixed pier, gangway and float within same footprint as existing structures. RDA.
Resource Area: Land Under Ocean, LSCSF, Salt Marsh, Coastal Bank Riverfront, Mashpee River.
Mark Burtis, Little River Dock Construction, was representing the Applicant and discussed the proposed project which is to rebuild a wooden 4x7-foot elevated walkway and replace it with a 3x16-foot gangway and 8x20-foot float dock in the same footprint of approved dock design of September 10, 1993. The float will be encapsulated. The Agent stated this was a minor modification since the proposal is staying within the same footprint and does not require a reapplication to DEP.
No comments from the public.
Motion: Mr. Shaw moved for a negative determination, seconded by Mr. Sweet. Vote unanimous 6-0.
6:39 Thomas M. Piersiak and Songs, Inc. 23 Cross Tree Way. Proposed reconstruction of elevated fixed pier, gangway and float within the same footprint as existing structures. RDA.
Resource Area: Land Under Ocean, Salt Marsh.
Mr. Burtis, Little River Dock Construction was representing the applicant. He explained the proposed project was to rebuild a wooden 4x20-foot elevated walkway and replace it with a 3x16-foot gangway and 8x32-foot float dock in the same footprint of approved dock design of January 22, 1992. Mr. Burtis noted that the retaining wall is deteriorating and the owners will be coming in at some point to deal with repairing the wall. The Agent said this is a safety concern with the existing ramp and the piles that support it. The Agent recommended a Negative Determination. There was a discussion on the plans submitted by Mr. Burtis and it was the consensus that, in the future, Mr. Burtis will provide a sketch to better explain a proposed project.
No comments from the public.
Motion: Mr. Shaw moved a negative determination, seconded by Mr. Sweet. Vote unanimous 6-0.
6:42 Michael and Beth S. Moskowitz, 146 Popponesset Island Road. Proposed home and deck additions. NOI
Resource Area: Buffer Zone to Coastal Bank, LSCSF.
Tom Bunker, BSS Design represented the applicant. He stated the proposed project is adding a two-story addition to the south end of the house and a second floor above the garage on the north end of the house. The existing septic system was designed for five bedrooms and the proposed plans show five bedrooms so there will be no increase in the size of the septic system. The existing deck will be reduced slightly and a small patio will be added. The closest point of the addition will be 45 feet from the Coastal Bank. All of the work will be within 100 feet of the wetland and the top of the Coastal Bank. Mr. Bunker stated the mitigation planting requirement of 424 square feet will include native beach plum, bayberry and grasses. Drywells will be installed to capture and infiltrate storm water
runoff from the roof of the addition. Mr. Bunker noted no native vegetation will be removed but the homeowner may want to remove the 16” Pitch pine from the south side of the house which has suffered damage to its canopy.
The Agent noted the Board of Health approved the septic plan on August 8, 2014. The Agent requested that an arborist make the determination on the pitch pine and stated he doesn’t think the Commission should vote on this as part of this Application. The Agent reviewed the proposed work on the photos. The coastal bank is an armored coastal bank so no part of the project will adversely impact bank stability. He recommended a close and issue.
No comments from the public.
Motion: Mr. Sweet moved to Close and Issue, seconded by Mr. Shaw. Vote unanimous 6-0.
6:45 Michael P. Czech and Silvia Corvera, 18 Waterline North Drive. Proposed installation of grass area. RDA
Resource Area; LSCSF, Buffer Zone, Salt Marsh, Little Neck Bay.
Greg Bush, Bush Tree and Landscape Co, Inc. was representing the Applicants and explained the project includes the creation of a grass strip to connect the front yard of house to the back yard. The grass area of approximately 750 square feet will connect to the existing lawn area at the front of the house. The footprint of the grass area is to stay within the confines of private property and not to extend into property owned by New Seabury Corporation. The installation of the grass area will have minimal impact on surrounding vegetation and habitat and the installation of grass will follow accepted UMass horticultural practices.
The Agent noted the area where the lawn will be installed on the photos. He stated the area has been overgrown and never maintained. The Agent requested that the project adhere to the Commission’s lawn standards
No comments from the public.
Motion: Mr. Shaw moved for a negative determination, seconded by Mr. Sweet. Vote unanimous. 6-0.
6:48 Robert and Marjorie Hackett, 10 Stanley Road Amended AOOC 43-2752. Proposed addition of deck. AOOC.
Resource Area: LSCSF, Little River, Hamblin Pond.
Mike Pimento, JC Engineering, represented the Applicants and explained that they were requesting an Amendment to the Order of Conditions. The original project included tear down and rebuild of an existing two-bedroom, single-family dwelling and upgrade of an existing cesspool with a new Title 5 septic system. Since the owners purchased an adjacent lot, the request for an amendment is to build an addition of a 14’ by 16’ deck with stairs coming off the side of the house. The closest point of the deck to the coastal bank is approximately 66 feet. Because the entire deck is located within the flood zone, the Applicants will provide a natural state area that is calculated based on the regulation of 10% of the land area which is now over 6,000 square feet.
The Agent noted on the photos where the deck was to be constructed and the area that will be left in its natural state and noted there is no adverse impact to the resource area.
No Comments from the Public.
Motion: Mr. Shaw moved to approve the amended order as approved, seconded by Mr. Sweet. Vote unanimous. 6-0.
Mr. Gurnee requested an update on the meeting with the Town attorney regarding Punkhorn Point Road. Mr. Anderson stated there was no action taken and the discussion concerned the title to the property. There will be a meeting with Town counsel prior to the Conservation Commission meeting on August 28th and Town Counsel will be at the meeting on the 28th. The Agent stated Town counsel said he needed to do some more research. Following a discussion on the many questions on the ownership of some of the properties in the area, Mr. Anderson noted several items that were discussed at the meeting with Town counsel:
- if the Commission feels the project is approvable, then it may not want to use the title issue as a means to defer making a decision, but no determination was made;
- if the Commission is ready to make a decision, the decision should be based on technical performance standards;
- if the Commission makes a decision it should be well documented and well formulated;
- Town counsel wants the Commission to educate him on the environmental resource issues;
- is the project land dependent? What does that mean?
The Agent noted the Commission is charged with the wetlands protection act and that is what the Commission should focus on. He said he would find out if the meeting prior to the 28th is going to be a closed or open meeting.
Respectfully Submitted
Judy Daigneault, Recording Secretary
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