5/10/2012 CONSERVATION COMMISSION Minutes

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7:12 Donald Shapiro Popponesset Island Road) Remove 12 saplings and renovate/restore lawn in back yard Resor Area: Buffer Zone to Coastal Bank material submitted: Rana Drawn Stretch 4/30112 Bush Tree & Landscape (39-410) Greg Bush from Bush Tree & Landscape is requesting the ability to selectively thin out the group of cedars and junipers in the front yard. Mr. Bush explains that the trees are growing very close together and tree management protocol suggests that they should be thinned so that the remaining trees can fully develop. Mr. Bush also mentions that there is a mature quan on cherry that is not in great shape due to disease. The existing lawn is proposed to be reinvigorated due to neglect. There is an existing sprinkler system which the owner intends to repair and utifi e. Mr. Bush states that conservation lawn standards will be followed for the lawn renovations. Agent McManus reads Mashpee's standards for lawn renovation for the record and states that the document will be attached to the permit for Mr. Bush. The agent agrees with the assessment of the overcrowding of the trees and states that the area is not mapped as rare species habitat and impacts to wildlife habitat in general are negligible. Notion rade, seconded and unanimously carried for a Negative Determination 3 Tidewat h /New Seabur : Coastal Bank Erosion Project -X2635) Agent McManus explains that when this project first came before the Commission, it was presented by The Woods Hole Group who is the consulting firm for Bayswater Development. The agent reads the proposal for the record. Chairman Fitzsimmons omment that the purpose of staggering the piles was to allow the sand to filter through onto the beach from above the piles; when they changed the pilings, the method of the beach nourishment was changed. Agent McManus reads the part of the narrative that di eu es the performance standards for the record. Chairman Fitzsimmons states that the narrative is very clear as to the placement of the piles and how they would be staggered. Agent McManus states that Tidewath has an easement agreement with New Seabury/Bayswater to access the beach which rthey have had for years. Tidewath owes approximately 1 Zoo cu. yds. of sand each year as a condition of their permit for revetment gall repairs. Tidewateh is claiming that New Seabury is no longer providing access to them to conduct their beach nourishment but New Seabur r i ,stating that is not true. Torn Counsel is recommending both parties to come before the Commission to discuss their issues and try to find a solution. If they cannot work it out then Town Counsel has recommended moving forward with an enforcement order and possibly . rescinding the COC that was previously issued. Agent McManus states that Bayswater should come in to explain why the piles were not staggered as they were originally proposed. Chairman Fitzsimmons suggests that both parties meet on their own before they come before the Commission. Agent McManus will contact both partes to let there know that the Commission has selectedJune 14 1"for the hearing date or they can decide to meet prior to that date to solve on their own. 4) Mashpee Diver Dredging- Deposition of Dredd,Spoils on Conservation Lands—Agent McManus spoke to Tom Fudala regarding the proposed lands that Iden Bates Mashpe Waterways Commission) has requested for usage to dispose of dredge material from the Mash pee Fiver. Mr. Fudala informed the Agent of a Special Town Meeting, December 2, 1985, that addresses the purchase of this specific land; there is a "Self Help Program Agreement" where the state donated 2 million for the purchase of Mashpee River Woodlands Marsters parcel). Section 4 of the agreement states that land & easements taken for Conservation purposes shall not be used for other purposes or otherwise disposed off except by laws enacted by a 2/3 vote of each branch of the state general court. It states the property or facifities comprised of the project will net be used for purposes other than what is stipulated unless authorized by the general court, 5