09/18/2025 CONSERVATION COMMISSION Minutes

Home Browse Search

Town of Mashpee Conservation Commission 16 Great Neck Road North Mashpee, MA 02649 NOI 101 Popponessett Island Road, Anne M. Walus & Leland Kornfield, Trustees. Proposed swimming pool with hardscape and mitigation planting. (cont. 8.7 /9.4) (Representative: Wet Tech Land Design) 43- 3353 • Represented by Wayne Tavares who described the evolution of the design from a major to a moderate and now a minor impact proposal. • The revised plan placed the pool and patio 75 feet from the bordering vegetated wetland, outside the 65-foot setback. Mitigation included removal of 1,000 square feet of lawn between the wetland and the pool, replaced with plantings, as well as additional removal of lawn from the pool area itself. In total, about 1,500 square feet of lawn would be restored to natural vegetation. Runoff from the pool and patio would be directed to a French drain system; a previously proposed overflow pit had been eliminated to comply with regulations. Mr. Tavares emphasized that the plan now met a "minor impact" standard and should be viewed as an expansion of living space rather than a major alteration. • Commissioners acknowledged the revisions but raised concerns about the project's necessity. Ms. Godfrey thanked Mr. Tavares for his diligence in revising the design and moving the pool farther from the wetland. Mr. Colombo, however, pointed to the waiver standards in the regulations, noting that swimming pools were explicitly cited as non-compelling needs. While he appreciated the effort to reduce impacts, he struggled with the justification under the waiver criteria. • Ms. Pitt echoed appreciation for the reduced impact but agreed with Mr. Colombo, questioning why the property owner required a pool and emphasizing that a compelling need had not been established. Mr. Tavares responded that the project had been redesigned multiple times to comply with evolving standards, particularly the recently implemented 75-foot buffer. He acknowledged that"need" was difficult to prove but argued the Commission had allowed the project to proceed through three hearings without rejecting it outright.He framed the revisions as a balanced solution, consistent with the character of the property and community, and urged the Commission to view the plan within that context. • Mr. Tavares reiterated that the project had evolved from a major to moderate and now to a minor impact, and that the plan met setback requirements while providing extensive mitigation. He stressed that need was difficult to establish for outdoor amenities but argued that mitigation offset the impacts effectively. He highlighted changes made in direct response to the Commission's requests, including preserving beach plum and Rosa rugosa, establishing straw wattles and limits of work, and ensuring machinery access would be limited to one side with hand work on the other. • He also emphasized that the property was well under lot coverage allowances, with 11-13% compared to the 20% maximum. He noted that mitigation plantings had been adjusted to reflect distances from the wetland and exceeded earlier proposals. He closed by stressing that he had worked diligently to comply with bylaws and to move the Commission into a "comfort zone" regarding approval. • Commissioners expressed appreciation for the revisions. Mr. Sahl and Mr. Larsson observed that the removal of significant lawn area for mitigation plantings provided strong wetland protection and that relocating the pool outside the 75-foot buffer was a substantial improvement. Mr. Sahl noted that the trade-off of lawn for pervious pavers and a pool, coupled with the dry well, was acceptable. • Chair Cook asked about conditions, and the Commission agreed on requiring a three-year mitigation and monitoring contract, along with standard pool conditions prohibiting direct