Conservation Commission
Minutes of November 13, 2014
Public Hearings
Mashpee Town Hall
Waquoit Meeting Room
Commissioners: John Fitzsimmons, Ralph Shaw, Brad Sweet, Mark Gurnee, John Rogers, Dale McKay, Robert Anderson, and Louis Dimeo (Associate Member).
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.
There was no public comment.
Pre Post Hearing Agenda:
Approval of Minutes: October 9, 2014 and October 23, 2014.
Motion: Mr. Shaw moved to approve the minutes of October 9, 2014 and hold the minutes of October 23, 2104, seconded by Mr. Sweet. Vote unanimous 7-0.
Administrative Review: New Seabury Properties, LLC, 0-Off Seacrest Drive. Modification of DEP #SE43-2768 to allow for placement of jersey barriers and/or boulders along beach during construction of permitted project and to increase slat sizes for drift fence.
Tara Marden, Woods Hole Group, explained this is a request to allow the placement of jersey barriers and boulders set up on the beach as a wave break during construction to protect the project area. They will be removed when the project is done. The second request is to change the size of the pickets on the fence. They would like to use 1 x 4 inch pickets. They have approval from Natural Heritage as long as there is two inch spacing in between the slats.
The Agent confirmed he received a letter from Natural Heritage stating they did not have any concerns with the size of the slats in the fence but, he had a concern that it is less space overall. Tara said the 1 x 2 inch slats are like spindles and wasn’t sure why the engineer put these on the plan. It is more common to use slats that are a little wider. She said it is more difficult to construct a drift fence with 1 x 2 inch slats. The Agent wanted to make it known that it is a decrease in the overall space along the entire stretch by using larger pickets. He wanted to make sure that if the system fails, this is not going to prohibit sand from escaping from the soft solution onto the beach to affect the coastal beach profile. Following a brief discussion,
Motion: Mr. Shaw moved to approve the request for administrative approval for the New Seabury Properties, LLC, seconded by Mr. Sweet. Vote unanimous 7-0.
HEARINGS:
6:00 Popponesset Beach Association, 0 Uncle Percy’s Road. Proposed aquatic management of Dean’s Pond. Continued from 6/26/2014. Applicant requests additional continuance to December 11, 2014. NOI.
Motion: Mr. Sweet moved to approve the request to continue the hearing to December 11, 2014 at 6:00, seconded by Mr. Shaw. Vote unanimous 7-0.
6:03 Bayswater Seaside II LLC, 42 Coastline Drive. Proposed construction of single family dwelling, swimming pool and landscaping. Continued from 9/11/2014. NOI.
Motion: Mr. Shaw moved to approve the request to continue the hearing to December 11, 2014 at 6:06, seconded by Mr. Sweet. Vote unanimous 7-0.
6:06 Bayswater Seaside II LLC, 50 Coastline Drive. Proposed construction of single family dwelling, swimming pool and landscaping. Continued from 9/11/2014. NOI.
Motion: Mr. Shaw moved to approve the request to continue the hearing to December 11, 2014 at 6:09, seconded by Mr. Sweet. Vote unanimous 7-0.
6:09 Bayswater Seaside II LLC, 60 Coastline Drive. Proposed construction of single family dwelling, swimming pool and landscaping. Continued from 9/11/2014. NOI.
Motion: Mr. Shaw moved to approve the request to continue the hearing to December 11, 2014 at 6:12, seconded by Mr. Sweet. Vote unanimous 7-0.
6:12 Glenn and Coreen Thompson, 175 Daniels Island Road. Proposed rip rap construction. NOI.
Resource Area: LSCSF, Buffer Zone to Salt Marsh, BVW and Land Under Ocean.
Michael Borselli, Falmouth Engineering, represented Glen and Coreen Thompson. Mr. Borselli explained the proposed project includes the installation of a stone rip rap, alteration of the existing dock, regrading and reestablishment of the lawn areas and landscaping. All of the construction will be within the buffer zone of the wetland resources. Mr. Borselli explained the applicants are concerned with erosion and are proposing a more permanent solution. The overall height of the wall is low profile averaging about 3 feet of exposed wall. He said storms from certain directions do have the potential to cause erosion and it is one of the reasons several of the properties nearby have stone revetments. Mr. Borselli characterized the wall as more of a stone wall. He said a soft solution was considered but
was disregarded because they are doomed to failure and the cost is high for this investment. He said once the stone work is done, it will probably survive a storm event.
The Agent commented he would rather see a soft solution. He said he didn’t see any erosion on this property because there is a substantial salt marsh buffer and questioned why such a drastic measure is being taken. He didn’t see any threat to the home. He said he didn’t see how this would necessitate a hard armor situation. He stated a soft solution would work better here.
Mr. Borselli stated there has been some erosion and there is a fear this is going to get worse and occur on a more frequent basis. He felt being proactive would eliminate having to come back to the Board with an urgent situation.
The Agent said he hasn’t seen any compelling need for a hard solution and would recommend a soft solution. He said that, if it is conditioned the right way, that would be the preferable approach. He felt the hard solution would adversely affect the salt marsh. The Agent recommended the application be denied.
There was a lengthy discussion on the hard solution vs. a soft solution.
There were no comments from the public.
Motion: Mr. Shaw moved to Close and Issue, seconded by Mr. Sweet. Vote 4-3 with Mr. McKay, Mr. Gurnee and Mr. Rogers voting in the negative.
6:15 Mary T. Petersen (Applicant), 11 Compass Circle. Proposed replacement of six posts with six 8” round pilings, hand dig two 4x4’ posts and construction of six stairs to access existing pier. Nicholas J. Nardone, Trustee. (Property owner). Continued from 10/9/2014. 10/9/2014. Agent discovered wetlands violation. RDA.
Resource Area: Land Under Ocean, LSCSF, Coastal Bank to Salt Marsh.
The Agent explained when he conducted his site inspection, he noticed there was a violation that had taken place with the clearing of vegetation right along the stretch of the coastal bank. He sent out a notice of violation and Mr. Nardone did respond. Mr. Nardone hired Hoxie Landscaping to conduct mitigation in accordance with Conservation Commission mitigation regulations. He submitted a plan along with an associated narrative with a 3 year maintenance plan to make sure the mitigation takes hold and is successful. The Agent said he didn’t want the hearing to move forward until he received the narrative and the plan. He found the plan to be acceptable which will be implemented in the spring. The Agent said he withheld moving forward with this dock application because of the existing unresolved violation
issue. The violation has been resolved and he recommended going forward with the application.
Matt Costa, Cape and Islands Engineering, was representing the applicant. As part of the purchase and sales agreement the previous property owner, Mrs. Petersen, was to complete a Chapter 91 licensing process for the existing pier. Mr. Costa said that the proposal calls for alterations to the pier to raise the decking over the salt marsh. The scope of the project includes replacing 4x4 posts and raising the decking over the salt marsh.
The Agent stated the Harbormaster and Shellfish Agent have both signed off on the proposal. He said the project is to reinforce the existing dock and upgrade according to Army Corps standards. It does meet the performance and design standards under regulation 27 and he recommended a negative determination.
No comments from the public.
Motion: Mr. Sweet moved a negative determination, seconded by Mr. Shaw. Vote unanimous 7-0
6:18 Bayswater Seaside II LLC, 66 Coastline Drive. Proposed construction of single family dwelling, swimming pool and landscaping. Continued from 10/23/2014. NOI.
Resource Area: Buffer Zone to Coastal Bank/LSCSF/Coastal Beach.
Mr. John Wadsworth, Attorney, was representing the applicant. He stated that the supplemental narrative that the Commissioners requested includes the information regarding the various waiver requirements. He summarized the encroachment will not cause harm to the bank. The issue of stabilization is related to the front of the bank, while the issue of the vegetated buffer on top of the bank is going to be discussed tonight. The area is bare sand and what is being proposed will be a setback of about 32 feet that will be planted with beach grass and maintained for at least 3 years. The required mitigation calculations have been based on the amount of encroachment to the buffer. He said the Commissioners had also requested examples of prior projects approved. He referred to two projects on Ocean Bluff
Drive.
The Agent commented on the Ocean Bluff property, explaining that it was hardscaping in the area and a small area of lawn was swapped so there wasn’t any encroachment closer to the bank than was already existing. He referred to Attorney Fogel’s response to the waiver request. The Agent said Attorney Fogel believes a 50-foot buffer strip should be maintained and doesn’t feel it will restrict the buildability of the lot. The letter also stated there was no demonstration of compelling need. There is an opportunity to have a continuous 50 foot setback of a buffer zone where a house and patio and pool can still be accommodated. Photographic evidence shows there was a pretty substantial vegetated area, with the most recent photos being 2007.
Attorney Wadsworth noted he did not receive the letter from Attorney Fogel and, therefore, cannot respond.
The Agent stated the compelling need has not been demonstrated. He suggested the Commissioners either deny the application or grant a continuance.
Joseph Colasuonno, Director of Development in New Seabury, suggested a continuance. He said he will look at the plans and try to move the structure back to accommodate the 50-foot buffer.
Motion: Mr. Sweet moved a continuance to December 11, 2014 at 6:24 p.m., seconded by Mr. Shaw. Vote unanimous 7-0.
Mr. Arnold Wallenstein, abutter, was representing unit owners. He gave the Commissioners a letter dated 11/12/14 with photos attached. He explained that the photos were evidence of vegetation on lots as shown in the photos from Google Earth images from March 1995, December 2000, March 2005, and July 2007. He said it is clear there was vegetation and it is clear it was removed without the Commission’s approval. Mr. Wallenstein stated removal of vegetation within the 100-foot buffer zone without a Commission Order of Conditions is a violation of the Massachusetts laws and regulations and the Town of Mashpee wetland bylaw. He requested that the Commission require Bayswater II to set back all houses, pools, decks and structure at the Coastline lots 100 feet from the edge of the coastal bank and
impose a 50-foot naturally vegetated buffer strip in accordance with Mashpee wetland bylaw chapter 172(7). He spoke about the waiver request and stated by taking the vegetation away over the years, this should be justification for the Commission to require Bayswater II to replace the vegetation. He said Bayswater has not shown good cause for a waiver under Mashpee wetlands bylaw because they have not shown a compelling need. The Tidewatch unit owners do not oppose the construction of the houses on these lots but request that the project be constructed in accordance with applicable town wetlands bylaw and regulations. Mr. Wallenstein asked that the Commission impose the conditions he previously suggested for the protection of the coastal environment, abutting properties and the public interest.
6:21 Richard D. Dane, Jr., et al Trustees, 338 Monomoscoy Road. Request for Amendment to Order of Conditions 43-2588 which includes proposed alteration to a “T” configuration for float as well as installation of a view corridor and four-foot wide path leading to existing pier. AOOC.
Resource Area: Land Under Ocean, LSCSF, Salt Marsh, BVW.
Matt Costa, Cape and Islands Engineering, was representing the applicant. He stated that this is a Request to Amend an existing Order of Conditions to proceed with the construction and maintenance of the previously approved pier, ramp and float system. The Amendment would include changing to a “T” configuration for the float and including a view corridor and a four foot path leading to the pier structure.
The Agent explained the reconfiguration of the float is to get into deeper water and there are no issues from the harbormaster or shellfish warden. He noted that everything is in order with the vista pruning protocols and meets the performance standards.
No comments from the public
Motion: Mr. Shaw moved to approve the Amendment to the Order of Conditions, seconded by Mr. Sweet. Vote unanimous 7-0.
6:24 Theodore C. Ell and Maureen E. Creedon, 14 Pem Lane. Proposed construction of two stone patios. Continued from October 9, 2014. RDA.
Resource Area: Riverfront.
Homeowners Ted Ell and Maureen Creedon were present. Mr. Ell stated they would like to install two stone patios. The first patio would measure approximately 10’ x 8 ½’ and would be a base for their boat trailer. No vegetation would be disturbed or moved during construction. The second patio would be a semi-circle in shape measuring approximately 21’ x 13’. It is outside the 50’ buffer but within the 100’ buffer. Both patios would be made out of recycled stone, stone dust and concrete blocks. This would involve minimal disturbance to surrounding vegetation with the removal or relocation of about 4 small shrubs.
The Agent explained this was his second visit to the property and it is for the most part clear of vegetation. He recommended that if there is to be removal of vegetation, that they be replanted. He recommended that the applicants submit a more detailed narrative on how these patios will be constructed so they are documented in a file.
No comments from the public.
Motion: Mr. Shaw moved a negative determination, seconded by Mr. Sweet. Vote unanimous 7-0.
6:27 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 the end of Punkhorn Point Road. Continued from October 23, 2014. NOI.
The Agent updated the Commissioners on the hiring of consulting services to review the information on the Gooseberry Island application. The RFP was sent out and responses were received from several consultants. The ones chosen were Oxbow Associates, Hamlin Consultants and BSC Group. The responses indicate the level of service, the price and the timeline. All three are qualified. The Agent noted the regulations put a cap on the services at $2500, which he has discussed with town counsel. He felt the cap doesn’t apply here. The estimates were Oxbow: $9500, Hamlin Associates: $6,000 and BSC Group: 5,000. There might be some minor changes to the estimates once they get the information the commission requested. The Agent reviewed what the RFP consisted of: completeness of the NOI
application and all associated documents and plans; making a recommendation as far as the determination of water dependency status of the proposed bridge; compliance of the proposed project to the wetlands restriction order under the Mass General Law; assessment of any adverse impact of the proposed project to land containing shellfish, land under ocean, salt marsh, border vegetated wetland, land subject to coastal storm flowage and rare species habitat as per the regulatory statutes of Mashpee Chapter 172 wetland bylaw and Massachusetts General Law 310 CMR wetlands protection act; assessment of proposed mitigation; assessment of any impacts to an established aquaculture grant area; and review of documents submitted on behalf of abutters. The Agent said the BSC Group had the most thorough explanation of their services and how they will carry them out.
Attorney Wall spoke about the cost of the services and requested the Commission remove a few of the items from the RFP in order to reduce the cost. He stated that water dependent status and assessment of adverse impacts seemed to be the most significant issues.
Following a discussion, the Agent stated once a consultant is chosen, he can discuss with them what the most important issues are such as the water dependency issue and performance issues. The Agent stated BSC Group’s report was the most thorough; that they have local knowledge, and he recommended hiring BSC Group.
Motion: Mr. Shaw moved to hire the BSC Group as the consultant, seconded by Mr. Anderson. Vote 7-0.
Attorney Wall spoke about the cost and wanted to reserve his client’s rights. He asked that if the contract could include wording that the scope of services would not exceed a certain price. The agent said that he would get a revised scope of services from BSC Group, including language reflecting a cap on services.
6:30 Candace M. Gordon, et al Trustees, 55 Amy Brown Road. Proposed replacement
of existing deck with a screened porch. RDA.
Resource Area: Buffer Zone to Coastal Bank.
Matt Costa, Cape and Islands Engineering, was representing the applicant. He explained the proposed project will consist of removal of the existing deck and replacing it with a screen porch. All work will be done within the existing disturbed area. The project porch will extend two feet closer to the resource area and meets the performance standards. The Agent recommended a negative determination.
Motion: Mr. Shaw moved a negative determination, seconded by Mr. McKay. Vote unanimous. 7-0.
6:33 Friends of Santuit Pond (Applicant), 117 Timberlane Drive. Proposed control of
aquatic nuisance weeds in Santuit Pond. Owner of record: Town of Mashpee. RDA.
Resource Area: Land Under Waterbodies/Waterways.
Gary O’Neil, 191 Timberlane Drive, North end of Santuit Pond. He said that since the implementation of solar bees, the pond has become clearer. With the increased sunlight, the weeds have sprouted tremendously which has been a negative impact on the swans nesting on the north end. Fishermen have stopped coming down.
The Agent explained the solar bees were put in place as a least intrusive way of reducing the algae blooms and most of the phosphorus in the pond. Solar bees keep the phosphorus at bay and reduce the likelihood of severe algae growth. The solar bees improve the water clarity and because there is a clearer water column there is more sunlight penetration. Since the water clarity has improved, the sunlight has spurred on the growth of aquatic weeds. The pond was inspected by personnel from Mass Fisheries and the species was identified as elodea. Although this is a native species, it can grow in volumes which can become a nuisance and an impediment to recreation on the pond. It can have some effect to native life on the pond, but also it can be beneficial to other forms of wildlife, especially aquatic species.
Mr. O’Neil said Friends of Santuit Pond would like to do an experiment to assess the impact of roto-tilling the sediment to less than 4 inches, with removal of roots of weeds and removal of remaining stems. Water samples will be collected before, during and after tilling and chemical analysis for nutrient content will be conducted. Based on the results and with permission of the Conservation Commission, the Friends of Santuit Pond aim to remove rooted weeds through roto-tilling of the northern region of the pond in 2015. Floating weeds and debris will also be skimmed. He explained the roto-tilling will be performed using a manual rake towed behind a motor boat. The surface skimming will be performed using a lake and pond skimmer towed at the same time.
The Agent noted chemicals are not recommended because the pond is very shallow and introduction of chemicals would most likely result in fish kill. The experiment will take place over a 3’ by 6’ area.
No Comments from the public.
Motion: Mr. Shaw moved a negative determination, seconded by Mr. Sweet. Vote unanimous 7-0
6:36 Igor and Irina Burdenko, 40 Neshobe Road. Proposed construction of additional bedroom to existing dwelling. RDA.
Resource Area: LSCSF.
Mark Sullivan, was representing the applicant, and explained the proposed project is to construct an additional bedroom onto the existing single-family home. The Agent noted this is a landlocked lot within land subject to coastal storm flow with no other resource areas within 100 feet. The Board of Health has noted that the existing leaching facility will accommodate the proposed additional bedroom; no application or review necessary. The Agent recommended a negative determination.
No Comment from the Public.
Motion: Mr. Sweet moved a negative determination, seconded by Mr. Shaw. Vote unanimous. 7-0
6:39 Paul J. and Kathryn Thurston, 17 Menemsha Road. Proposed replacement of existing patio with construction of a deck; reconfiguration/re-pavement of driveway; installation of outdoor shower; reconfiguration of deck stairs and landing. RDA.
Resource Area: LSCSF.
Joel Keating, Holmes and McGrath, represented the applicant and explained the project includes the removal of the existing patio; construction and maintenance of a proposed 15’ 7” x 20’ deck; reconfiguring and repaving the existing driveway; installation of a proposed outdoor shower; and reconfiguring of the existing roof deck stairs and landing. All work is located in land subject to coastal storm flowage and more than 100 feet from any other wetland resource area.
The Agent explained this is a landlocked lot, within land subject to coastal storm flow and well outside of 100 feet associated with John’s Pond. He noted the Board of Health mandates that the shower must be plugged into the septic system.
No comments from the public.
Motion: Mr. Sweet moved a negative determination, seconded by Mr. Shaw. Vote unanimous 7-0.
6:42 John R. and Loren B. Kovalcik, 48 Godfrey Road. Proposed removal of diseased
trees and vista pruning. RDA.
Resource Area: Coastal Bank, Waterfront Mashpee River.
Loren Kovalcik explained she is requesting the removal of four diseased trees. The Agent showed photos of the trees and explained that they are infested with bark beetle and leaning toward the pool, patio, and walkway. The Agent noted no vista pruning is to take place.
No comments from the public.
Motion: Mr. Shaw moved a negative determination, seconded by Mr. Sweet. Vote unanimous. 7-0.
6:45 Robert E. and Stephanie Spencer, 7 Ocean Bluff Drive. Proposed landscape renovation. NOI.
Resource Area: Buffer Zone to Top of Coastal Bank/Coastal Dune.
Michael Borselli, Falmouth Engineering, was representing the applicants, and stated that the project includes renovation of the existing landscape in an area between the existing house and the top of the coastal bank. He reviewed the plans prepared by Mary LeBlanc, Landscape Design. None of the proposed work will move closer to the wetlands resource areas. He explained the construction at the site will require approximately 600 square feet of re-disturbance within 100 feet of the resource areas. No impact to wetland resources is anticipated. The project also includes a fire pit and grill area with a bluestone patio and minor landscape wall modification.
The Agent noted there were some minor changes to the existing wall. Everything else is being contained within the existing footprint with a reduction of turf in exchange for one type of brick to bluestone. It meets the performance standards. It triggers some minor modifications and planting of beach grass as mitigation for minor encroachment. He read a letter into the record from an abutter opposing the fire pit.
No comments from the public.
Motion: Mr. Shaw moved to close and issue, seconded by Mr. Sweet. Vote unanimous 7-0.
6:48 Donald B. and Phyllis M. Brick, 18 Spoondrift Circle. Proposed pruning of trees overhanging dwelling and establishment of a vista corridor. NOI.
No DEP # file yet, it cannot be opened and recommended a continuance to December 11.
Motion: Mr. Shaw moved to continue the hearing until December 11 at 6:27 p.m. at the request of the applicant. Second by Mr. Sweet. Vote unanimous 7-0
6:51 Robert M. Valletta, 112 Captains Row. Proposed tree removal and replacement of
invasive species with native plantings. NOI
No DEP # filed yet, it cannot be opened and the agent recommended a continuance to December 11 at 6:30 p.m.
Motion: Mr. Shaw moved to continue the hearing until December 11 at 6:30 p.m. at the request of the applicant. Seconded by Mr. Sweet. Vote unanimous 7-0
A moment of silence was held for a former commissioner Lloyd Allen who passed away.
Briarwood Violation
The Agent said a consultant was hired and his findings will be discussed on December 11.
AmeriCorps Workday 11/17/2014
The Agent announced the AmeriCorps Day will be held on 11/17/14. Debris removal, trail work and installation of benches around Santuit Pond preserve are planned.
Order of Conditions for the three Seaside Properties
The Agent noted he has written up the Orders of Condition on properties located at 118, 124 and 126 Shore Drive West and reminded the Commissioners they can come into the office and review the drafts of these Orders or they could discuss them at a meeting before they are sent out.
Reminder: Review Chapter 172 bylaw and regulatory language for May town meeting
The Agent reminded the Commissioners to review the regulatory language and to let him know if they see any language that needs to be updated or omitted. He noted the bylaws require a vote at town meeting and changes to the regulations require a notification through a newspaper and a holding of a public hearing at one of the Commission’s regular public hearings.
Motion: Mr. Sweet moved to adjourn the meeting, seconded by Mr. Shaw. Vote unanimous 8-0. Meeting adjourned 8:50 p.m.
Respectfully submitted,
Judy Daigneault
Recording Secretary
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