FINAL
Present for the Conservation Commission and attending the meeting were: Sandy Broyard, Chairman, Joan Malkin, Chris Murphy, Pam Goff, Bob Hungerford, Russell Maloney, and Chuck Hodgkinson. Also attending were: George Sourati, Chris Alley, David Friedberg, Tom Carberry, Jimmy Morgan, Jim Malkin, Jeff Parker, Rebekah Parker and Jill Napior. Maureen Eisner and Candy Shweder were absent.
The meeting came to order at 12:30 PM. Ms. Broyard appointed Alternate Commissioner Russell Maloney as a voting member.
PUBLIC HEARING NOI SE 12 - 756; TOM CARBERRY FOR CARL AND MARTHA TACK; 3 Nickerson Farm lane; AP 21-48.2: Ms. Broyard opened the public hearing at 12:31 PM. Mr. Carberry reviewed a site plan dated 2001 to build a single story, 24’ X 30’ garage with a slab-on-grade foundation in the buffer zone of a Bordering Vegetated Wetland. The closest activity is approximately seven feet from the wetland edge. He added the rear of the garage will be dug into the slope of the land. The proposed 12” drainage trench and rear footings will be approximately five feet below existing grade and the concrete slab will be approximately three feet below existing grade. The Commission questioned the wetland delineation as shown on the site plan as they observed a
great deal of water drainage during the site visit and asked if the structure can be moved farther away from the wetland edge. They also asked if a one-car garage would suffice to reduce the disturbance. Mr. Carberry said the two car garage is larger than usual because the owner would also like to store a rowing skull in the structure. They asked if the boat could be stored in the existing barn.
After further discussion the Commission suggested the hearing be continued to a later date to provide time to have a professional wetland delineation performed on the property. Mr. Carberry agreed, said March 16 would be preferable and requested the hearing be continued. A motion was made and seconded to continue the hearing to March 16 @ 12:30 PM. The motion passed unanimously with six in favor.
PUBLIC HEARING NOI SE 12 - 760; GEORGE SOURATI FOR MATHEW CESTAR; 12 Hill Land; AP 32-40: Ms. Broyard opened the public hearing at 12:45 PM. Mr. Sourati reviewed the history of the property and explained the house was built before Town’s zoning or wetland bylaws existed. The first section was built in 1965 and the addition was built in 1972. He added the property is under a purchase and sale agreement pending the ability to permit the needed renovations. He reviewed a revised site plan dated 2/17/16 and the resources impacted to renovate the single-family residence; renovate the existing garage, install 4 dry wells with required underground plumbing, install a new septic system and new water well and remove an existing fence bordering a stream. A 250 sq. ft.
addition is proposed on the second level. The roof ridge heights and footprint of the structures will not change. All aspects of the entire structure will be brought up to current building code. The resources affected are the buffer zones of a Perennial Stream, the 1st 100-feet of the Riverfront zone, Salt Marsh, Bordering Vegetated Wetland draining into a coastal pond, Coastal Bank of Stonewall Pond, 100-year flood zone for Stonewall Pond. The closest proposed limit of work extends to the wetland edge and 5 feet from the stream.
Mr. Sourati explained the 1972 addition has a stable, poured concrete foundation that will be used in its current state. The older 1965 section however will need a new support system. To minimize excavation and resource impact he reviewed a plan to install a helical pier support system and grid. The floor of the structure will be removed and the piers will be drilled into the land inside the perimeter of the existing concrete footing and cinder block foundation—which would be removed after the new system is installed. He said the piers will be screwed into place and end approximately 10 feet below grade. The Commission asked how far below grade is the water table. Mr. Sourati did not answer but said the helical piers will not be affected and the ten foot depth will suffice.
The Commission asked if this is maintenance or a complete re-build. Mr. Sourati said the frame is in good shape, it will receive sister supports, new plumbing, electrical, windows, insulation, roofing, floors etc.
Abutters Jeff Parker and Rebekah Parker attended. Mr. Parker summarized the sensitive nature of the resources and area while summarizing the key points in his letter. Mr. Parker continued by asking about septic concerns and pointed out the house could not be built today because of the regulations. He asked if the environmental impacts of the structures could be reduced rather than maintained—with suggestions such as composting toilets. He mentioned he hit ground water at six feet when drilling his well and questioned the effectiveness of the ten foot depth for the piers. He further inquired about other infrastructure details for the plan.
The Commission asked about the current septic capacity. Mr. Sourati said the Board of Health determined there are five bedrooms in the house and the new de-nitrifying septic system is designed for five bedrooms. Chuck H. will confirm the current septic capacity and asked if the current cesspool will be abandoned. Mr. Sourati said it will be abandoned and filled which is the standard procedure for such a sensitive site.
Chuck H. read the other abutter letters for the record. After further discussion the Commission thought the hearing should be continued to March 2 and summarized the areas it would like addressed: confirm the needed pier depth; will the decking have pressure-treated wood; what type of heating fuel will be used – such as oil or propane and will there be any buried tanks; what is the landscape plan and planned use for fertilizers; can the 1965 section be relocated or built away from the stream and placed on the helical pier foundation system to reduce its impact on the stream; are composting toilets feasible for this site; can the limit of work area as shown be reduced. Mr. Sourati agreed and suggested working with Chuck H. before March 2 to outline the details and possible conditions. A motion was
made to continue the hearing to March 2 @ 1:30 PM. The motion was seconded and unanimously approved with six in favor.
PUBLIC HEARING NOI SE 12 – 761; CHRIS ALLEY FOR BEACH BLUFF TRUST; 1 Azalea Lane; AP 29-5: Ms. Broyard opened the public hearing at 1:47 PM. Mr. Alley summarized the history and said the owner is re-applying to build and maintain a seasonal timber beach stairway down the Atlantic Ocean coastal bank. The revised site plan dated 1/18/16 indicated the project will alter approximately 5 linear feet of Coastal Bank. He formally requested a Variance for this application.
Mr. Alley discussed the various types of coastal banks i.e. protection from coastal storm damage and flood control or providing beach sediment from wind, rain or tidal action. He further explained there is no property development within 200 feet of the top of the bank. He concluded the storm damage is to the costal bank and it is not protecting any structures from storm damage or flooding. Interestingly, the land slopes down as one retreats from the bank which is a rare characteristic for this section of glacial moraine.
The stair design has been changed to have pin footings for all posts. This system does not require the posts to be driven into the bank for stability. He referred to the notes on the site plan as well. Lastly, he added there is an existing path to the bank therefore not requiring any brush cutting to access the stairs. The lower section up to the platform would be removed each fall and reinstalled each spring.
The Commission welcomed Mr. Friedberg and thanked him for coming to the hearing. He explained the history of the property that has been in his family for over 60 years. A stairway was never installed because his father did not want to encourage the Lucy Vincent Beach bathers to walk up the stairs to his property. Mr. Friedberg added his father has since changed his mind.
With no further public comment a motion was made to close the hearing at 2:05 PM. The motion was seconded and unanimously approved. A subsequent motion was made to approve the plan as presented with the following conditions: 1. The stairway shall be for seasonal residential use only. 2. Prior to construction each spring and removal each fall the Commission shall be notified in writing and a Commission representative shall approve the stair location in the spring and stair removal plan in the fall before work begins. 3. All timbers in the lower section of the stairs shall have permanent identification as follows should they collapse and litter the beach: “Map 29 Lot 5”. 4. This Order shall remain in effect provided all conditions are met as outlined and the
coastal bank can support the stairs. The motion was seconded and passed with four in favor and two abstentions (Mr. Murphy and Ms. Malkin).
RFD JOAN MALKIN; 10 Tilton Cove Rd.; AP 25-125: Ms. Malkin recused herself and reviewed the site plan to install a deck-level hot tub on the existing rear deck. The hot tub will have 4-6 sonotubes for support and will be drained to daylight outside the 100-foot buffer zone of a Bordering Vegetated Wetland that drains into a Coastal Pond. The hot tub will be approximately 70 feet from the wetland edge.
Mr. Malkin explained he has the neighbor’s permission to prune the vegetation on the top of a knoll to knee height. The area is in the buffer zone of a wetland draining into a coastal pond and the pruning is 30 and 60 feet from two drainage swales. The Commission discussed the desire to delineate the pruning area and also asked if the lawn that is mowed to the edge of the brush could have a no-cut buffer. Mr. Malkin agreed and offered 20-feet. With no further discussion a motion was made for a negative determination with the following conditions: 1. One-foot diameter stones shall be permanently placed to delineate the perimeter of the area that will be periodically pruned to knee height. 2. Additional one-foot diameter stones shall be permanently placed approximately 20 feet
above the swale as described to mark the limit of lawn mowing. The motion was seconded and passed unanimously with five in favor.
RFD JIMMY MORGAN FOR LARSEN LANE, LLC; 19 Larsen Lane; AP 27.1-57: Mr. Morgan reviewed the rough site plan to brush cut the rear property to the lot lines; remove dead trees and vines and spread seed. The root structure for the brush will remain intact as no tilling will be done. The closest activity is approximately 15 feet from the wetland edge. The Commission explained there may be a significant wetland along the west lot line near the Coast Guard’s basketball court and asked Mr. Morgan to have the wetland more clearly delineated by a licensed wetland specialist. Mr. Morgan agreed and said he will return with the plan when it’s ready.
ADMINISTRATION
The January 6, January 20 and February 3 meeting minutes were reviewed. Each set of minutes were separately approved as presented by consensus.
The following documents were signed:
Order of Conditions SE 12 - 761; Beach Bluff Trust; AP 29-5.
Determination of Applicability Malkin; AP 25-125.
Ms. Malkin discussed the Variance Regulation (Section 5.01) and the language specifying how a Variance may be granted in rare and unusual cases. Several additional regulations were also discussed including whether or not fines should also be imposed upon contractors who violate the regulations. After discussion Ms. Malkin agreed to draft suggested revisions to several resource area regulations for further discussion.
The next meeting will be Wednesday, March 2, 2016 @ 12:30 PM.
With no further business to discuss the meeting adjourned at 2:41 PM.
Respectfully submitted by Chuck Hodgkinson, C.A.S.
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