Skip Navigation
Click to return to website
This table is used for column layout.
Conservation Commission Minutes 03/16/16
FINAL

Present for the Conservation Commission and attending the meeting were:  Sandy Broyard, Chairman, Candy Shweder, Vice Chairman, Joan Malkin, Chris Murphy, Bob Hungerford, Russell Maloney, Maureen Eisner and Chuck Hodgkinson.  Also attending were Reid Silva and Susan Jones.  Pam Goff was absent.  

The meeting came to order at 12:30 PM.  Ms. Broyard appointed Alternate Commissioner Russell Maloney as a voting member.

NOI SE 12 – 763; REID SILVA FOR THE ESTATE OF GERTRUDE W. TAYLOR;        21 Eliot Ave.; Map 33 Lots 26, 27, 28:  Ms. Broyard opened the public hearing at 12:33 PM.  Mr. Silva reviewed the plan to construct a full basement foundation under an existing dwelling that is located in the buffer zone of a wetland draining into a coastal pond and the Atlantic Ocean.  The plantings around the house will be removed; the house will be raised and disconnected from all services.  The excavation spoils will be removed from the site daily.  The closest activity is approximately 30 feet from the wetland edge.  Mr. Silva added there is an Order to install a drip-dispersal septic system which will be done if the foundation is approved.  The foundation must be installed before the septic system because of site access.

Abutter Susan Jones expressed concerns that this is a fragile area and said the foundation will be sitting in the water table.  Mr. Silva responded by stating there is very little clay in this southern end of the glacial moraine which means there is not a perched water table.  He added the bottom of the excavation will be between 5.5 to 8.5 feet below grade which is at elevation 10 above sea level.  Consequently, the foundation will not be in the ground water table and will not need a sump pump.  The Commission pointed out there is a cess pool in the wetland to the south.        Mr. Silva said that will be removed when the new system is installed.  The Commission asked about the risks to the resource area.  Mr. Silva said the biggest risk and challenge will be to contain siltation and surface erosion during construction.  The Commission read two abutter letters into the record.  With no further public comment a motion was made to close the hearing at 1:15 PM.  The motion was seconded and unanimously approved.  A subsequent motion was made to approve the plan as presented with the following special conditions:  1.  Snow fencing and staked hay bales shall be installed as shown on the site plan and approved by the Conservation Agent (CA) before work begins.  This erosion control system shall be maintained in good condition and left in place until the new lawn is established.  2.  The lawn area shall not be expanded beyond the current area.  3.  No fertilizers, herbicides or fungicides of any kind shall be used on the property.  4.  The footprint of the deck shall be as shown on the site plan after the foundation work is completed.  The motion was seconded.  In discussion it was agreed the removal of the cess pool and associated plumbing to the south will be handled by the Board of Health.  The motion came to a vote and passed with six in favor and one opposed (Ms. Eisner).

NOI SE 12 - 764; REID SILVA FOR PAUL SLAVIN AND SUSAN WAITZKIN;                6 Eddy Farm Rd.; AP 25-1.2:  Ms. Broyard opened the public hearing at 1:28 PM.  Mr. Silva explained the new owners would like to demolish the existing house and build a new dwelling, terrace and patio.  A new basement foundation will be excavated and poured; the electric, cable and septic system infrastructure will be re-routed and connected to the new house.  The southeast side of the house and foundation is located within the 100-foot buffer zone of a Bordering Vegetated Wetland.  The closest activity and limit of work is approximately 80 feet from the wetland edge.  The Commission discussed the observations made at the site visit and asked for clarification on the grading plan and whether or not there was a landscape plan.  Mr. Silva described what grading will be done and said he can return with a more detailed grading and landscape plan before any work begins.  With no public comment a motion was made to close the hearing at 1:37 PM.  The motion was seconded and unanimously approved.  A subsequent motion was made to approve the plan as presented with the following conditions:  1.  Snow fencing and staked hay bales shall be installed as shown on the site plan and approved by the Conservation Agent (CA) before work begins.  This erosion control system shall be maintained in good condition and left in place until the new lawn is established.  2.  The staging area shall be located in the driveway and within the limit of work as shown on the site plan.  3.  A 25-foot no cut buffer from the edge of the wetland to the south shall be established.  The limit of this no-cut area shall be marked with stones approximately one cubic foot in size.  4.  The Commission shall approve a detailed grading and landscape plan before work begins.  The motion was seconded and with no further discussion passed with six in favor and one abstention (Ms. Eisner).

CONTINUED PUBLIC HEARING NOI – LOCAL BYLAW ONLY; NO DEP FILE #; TARA MARDEN FOR FOOL’S HIGH TIDE, LLC; 25 East Lane; AP 32-68.1:    (Eligible voters: Sandy, Candy, Pam, Joan, Chris, Russell and Bob) Chuck H. read an email requesting a continuance to May 4, 2016 @ 12:30 PM to provide more time to answer the written questions.  A motion was made and seconded to accept the request.  In discussion the Commission agreed the applicant should re-notify all abutters of the newly scheduled hearing date.  The motion passed with six in favor.

CERTIFICATE OF COMPLIANCE SE 12 – 422; MALCOLM WALSH AND KATHLEEN O’HARA; 25 Pease’s Point Way; AP 27-19:  Chuck H. explained an Order was issued in February 2002 to excavate, construct, grade and install a crushed stone driveway and part of a fieldstone wall.  Approximately 2,600 sq. ft. of buffer zone were disturbed.  He shared photos of the driveway and thought the project was in full compliance.  A motion was made to accept the recommendation as being in compliance with the Order.  The motion was seconded and passed unanimously with seven in favor.

DISCUSSION SE 12 – 748; REID SILVA FOR JACK TAYLOR; UP ISLAND, LLC;        21 Squibnocket Rd.; AP 35-24:  Mr. Silva explained an Order was issued in October 2015 to construct a 4-foot wide field grass walking path through a wetland buffer with an elevated walkway over the wetland, remove a well house and install a kayak storage rack.  He said they would like to propose a new location for the path because the existing ground slope at the original location runs across the path.  Mr. Silva proposed a new location that is 4 feet to the east of the original location and will curve back to the west and terminate at the well house.  He added the well house will not be removed as it will be used as the base to support the kayak storage rack.  Once the path is installed he would like to return to discuss the 20-foot long elevated walkway section of the plan.  The Commission thought this was a good idea.  A motion was made to declare the changes as inconsequential.  The motion was seconded and unanimously approved.  Another motion was made to approve the plan as revised provided the applicant returns after the path is installed to discuss the raised walkway.  This motion was seconded and approved unanimously with seven in favor.

ADMINISTRATION

The March 2 meeting minutes were reviewed and approved as presented by consensus.  

The following documents were signed:

Order of Conditions SE 12 – 763; Taylor; AP 33-26, 27, 28.
Order of Conditions SE 12 - 764; Slavin, Waitzkin; AP 25-1.2.
                Certificate of Compliance SE 12 – 422; Walsh, O’Hara; AP 27-19.

The next meeting will be Wednesday, April 6, 2016 @ 12:30 PM.  

With no further business to discuss the meeting adjourned at 2:10 PM.   

Respectfully submitted by Chuck Hodgkinson, C.A.S.