3/10/2011 CONSERVATION COMMISSION Minutes

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Conservation Commission Minutes of March 10, 2011 Public Hearings Mashpee Town Hall - Conference Room 3 Commissioners: Vice Chairman Ralph Shaw, Brad Sweet, Mark Gurnee, Lloyd Allen, John Rogers Staff Present: Drew McManus (Conservation Agent) and Kris Carpenter (Administrative Secretary) Call Meeting To Order: 6:55 pm - No Public Comment Pre/Post Hearing kqenda: 1) Minutes: Approval of the following minutes: Thursday, February 10, 2011 & Thursday, February 24, 2011 Motion made, seconded and unanimously carried to approve the minutes of February 10, 2011 and February 24, 2011 2) Enforcement Order: 74 Algonquin (bylaw only filing 01-2) —Chapman Funeral Home; Unauthorized removal of trees/plantings in a buffer to wetland and grading changes. (ReSOUrce Area: Isolated Land Subject to Flooding) Agent McManus states that there is an enforcement order to be signed at the end of the night for Chapman Funeral Home because they had removed some vegetation along the roadside of Route 151 and had changed the grading within the 100' buffer zone. Chapman Funeral Home explained that they had done this to increase the visibility of the signage as it was difficult to see when driving down Route 151 and it created a dangerous situation with drivers. The agent had found that several large trees had been cut even within the 25' buffer to the wetlands and also some actually within the wetland. The Agent had spoken with their attorney, Rob Mills who had asked if they could proceed with a mitigation plan through an enforcement order and the Agent states that it would be acceptable as Chapman's has an existing NO[ on file for the construction of the funeral home. The cutting violated those Orders. Landscaper; Mary LeBlanc will submit a new mitigation plan for approval. HEARINGS 7:00 James Regan SE SE 43-2611(68 Cayuga Ave.) New 68' seasonal dock Contd from 1212110- N01 Resource Area: Land Under Water& Land Containing Shellfish Material submitted: Plot Plan 512612010 Falmouth Engineering James Regan explains that they have come to an agreement with the Division of Fisheries. Mr. Regan states that they are requiring a steel rod or bolt with permanent footings. Vice Chairman Shaw asks if there are new plans showing the different footings and the Agent confirms that the permanent footings will be specified in the Order of Conditions. Agent McManus informs the Commission that this project has been continued several times because it is in Natural Heritage jurisdiction due to the presence of rare fresh water mussels specifically in this area of John's Pond. It required a MESA filing with Natural Heritage in which they like to establish some kind of conservation management plan for the mussels. Natural Heritage has sent a draft of an approval letter to Mr. Regan and the Agent which requires Mr. Regan to approve the draft and they then will