FINAL
Present for the Conservation Commission and attending the meeting were: Richard Steves, Chairman, Bruce Bartels, Dick Smith, Sandy Broyard, Caitlin Jones, Rusty Walton and Chuck Hodgkinson. Reid Silva, George Sourati, John Abrams, Peter Rodegast, Stanley Startzell, Callie Silva, Paula Lyons, Arnie Reisman, Conrad Newman and Debbie Hancock also attended. Virginia Dyer, Pam Goff and Andrew Fischer were absent.
Mr. Steves opened the meeting at 12:30 PM. He formally congratulated and thanked Ms. Broyard and Ms. Jones on their appointments to the Commission. The site visits for today’s meeting took place on June 30.
REID SILVA FOR JOHN & RENE MOLINARI; SE 12 – 585; 53 WEQUOBSQUE RD.; AP 30-115, 116.1: Mr. Steves opened the hearing at 12:30 PM. Mr. Silva summarized the plan to construct and maintain a timber frame stairway on a coastal beach and bank. The design will replicate the currently permitted stairway whose Order of Conditions has expired. The applicant also requests that if approved, the new Order of Conditions be valid in perpetuity provided the annual installation and removal plans are reviewed with the Conservation Officer before work begins. There is approximately 315 feet of stairway on the plan. The Commission discussed the history of beach stairs and concluded that they seem to preserve the coastal bank more than if the banks were traversed by walking or
scaled with ropes. With no comment from the audience a motion was made to close the hearing at 12:37 PM. The motion was seconded and unanimously approved. A subsequent motion was made to approve the plan as presented and in perpetuity provided all conditions are met each year. The standard conditions including seasonal installation, teardown and no revetment conditions will be followed. The motion was seconded and unanimously approved.
GEORGE SOURATI FOR STANLEY STARTZELL; SE 12 – 586; 40 LARSEN LANE; AP 27.1-33: Mr. Steves opened the public hearing at 12:40 PM. Mr. Sourati summarized the proposal to demolish the existing single-family residence and construct a new single-family residence. The activity takes place within the buffer zone of an isolated wetland. The nearest edge of the new structure is approximately 26 feet from the isolated wetland edge and is no closer to the wetland than the current house. The work area may be closer than 26 feet from the wetland edge during construction. The footprint and deck area of the new house will be larger than that of the current structure. The existing septic system will be used for the new house. He added that the total footprint is + 305
sq. ft. larger than the current footprint. The total area of the current house is 677 sq. ft. with 340 sq. ft. of decking. The new house is 1,002 sq. ft. with 320 sq. ft. of decking. The new house is slightly relocated because a portion of the original house is on the neighbor’s property.
Mr. Sourati added that no work will take place within 100 feet of a second wetland that drains into a coastal pond. The Commission pointed out that the isolated wetland is recognized in the Town’s By-laws as a resource but, is not recognized as a resource area in the Commonwealth’s Wetland Protection Act.
Mr. Startzell summarized the history of the property and said this is a modest new home. Abutter Debbie Hancock asked if the brook by the Brigham house is protected by the Rivers Act. The Commission asked the Conservation Officer to confirm whether or not the stream is perennial and therefore covered by the Rivers Act and is subject to the 200-foot Riverfront Zone regulations.
After brief discussion and with no further comment from the audience a motion was made to close the hearing at 12:50 PM. The motion was seconded and unanimously approved. A subsequent motion was made to approve the plan subject to the Conservation Officer’s report and assessment of the stream’s characteristics and degree of protection with the following additional conditions: 1. Silt fencing with hay bales and snow fencing will be installed as a construction work area boundary along the entire edge of the vegetation on the west lot line and continue to the driveway. These will be installed and approved by the Conservation Officer before work begins. 2. The construction debris shall be removed from the site daily or stored in a covered dumpster. 3. The standard
conditions shall also apply. 4. The Order of Conditions will not be issued until the final determination of the stream’s status and impact on the plans is established by the Commission. The motion was seconded and unanimously approved.
DISCUSSION JOHN ABRAMS FOR TIMOTHY QUINSON; 23 MENEMSHA CROSSROAD; AP 24-192, 193: Mr. Abrams thanked the Commission for its time to discuss several options on how to renovate the existing home on this parcel of land. There are several wetlands and a stream abutting the property. Mr. Abrams pointed out that it seems as if relocating the house onto a new foundation may create fewer disturbances than raising the house and digging a new foundation in its current location. He added a new septic system has been approved by the Board of Health but, has not yet been to the Commission. The Commission asked if there are plans to expand the house – after it is renovated and possibly relocated. Mr. Abrams said he has not yet had any discussions of expanding the house with the owners. The Commission pointed out the Rivers Act may have jurisdiction if the house is expanded. Mr. Abrams agreed and thanked the Commission again for its time.
RUSTY WALTON UPDATES:
Helen Benham Beach Stairway; SE 12 – 515; AP 30-106.1: Mr. Walton reviewed the plan to install the beach stairway. The Commission accepted his recommendation to proceed.
Merle Berger letter dated June 17, 2009; SE 12 – 564; AP 27-15.1, 15.2: The Commission discussed Dr. Berger’s requests and agreed upon the following: 1. The large ceramic objects combined with the tall grass growth in the isolated wetland (Area III) will suffice as a way to clearly delineate the boundaries of this resource area. If however, the Commission finds this area is mowed when it makes a follow up visit in June 2010, additional border markers will be required. 2. The stockade fence may remain in place as the privacy screening for the heron rookery. If however the fence falls into disrepair or is not properly maintained, the natural vegetated screening will have to be planted as outlined in the Amended Order of Conditions. 3. Dr. Berger should be reminded that the Commission looks forward to inspecting the heron rookery plantings sometime after September 1 as outlined in the Amended Order of Conditions. A letter will be mailed to Dr. Berger outlining these
agreements.
ADMINISTRATION:
The June 3 and June 17 meeting minutes were reviewed. A motion was made to approve both sets of minutes as presented. The motion was seconded and unanimously approved.
The following documents were signed and notarized as needed:
Order of Conditions Molinari SE 12 – 585; AP 30-115, 116.2
Order of Conditions Startzell SE 12 – 586; AP 27.1-33.
With no further business to conduct the meeting adjourned at 1:15 PM.
Respectfully submitted by Chuck Hodgkinson, C.A.S.
| 
