The Conservation Commission held a meeting in the Mural Room, Lower Level of Town Hall on Tuesday, September 7, 2010 beginning at 7:00 p.m. Members present included Chairman Joseph Messina, Samuel Butcher, Thomas Gill, Dianne Hearn, Barbara Kelley, and Holly Morris. Corey Wisneski was absent. Also present was Conservation Administrator Joe Grady.
PM, EMMETT SHEEHAN, 275 POWDER POINT AVE., LANDSCAPING, FENCE
The purpose of this public meeting was to review a Request for Determination of Applicability (RDA) filed by Emmett Sheehan. The applicant explained the project which is to remove overgrown invasive vegetation, replant the area and install a fence in the buffer to a pond. Mr. Sheehan presented photographs of the site. An old chain-link fence that ran into the pond will be removed and a new fence installed farther back from the pond for safety reasons. Mr. Grady reported the cutting of vegetation and removal of the old fence had started prior to the applicant filing the RDA, but once notified the applicant stopped work and filed the RDA. An erosion control barrier was installed along the edge of the pond. Mr. Sheehan indicated the plan is to maintain a 25- foot vegetative buffer. Mr. Butcher made a motion that was seconded
to issue a negative determination that a Notice of Intent is not required for the landscaping project. The vote was 6 – in favor; 0 – opposed. Motion passed.
PM, ODIER, 54 ONION HILL RD., SUNROOM
The purpose of this public meeting was to review a Request for Determination of Applicability filed by Philippe and Debra Odier. Representing the applicant was the contractor, Kevin Kieler. The proposed project is to construct a sunroom within the footprint of an existing deck, located within the buffer to a coastal bank. Mr. Kieler explained the existing sonotubes would be replaced using the helix-screw system, which causes minimal disturbance to the soil. Mr. Butcher made a motion that was seconded to issue a negative determination that a Notice of Intent is not required. The vote was 6 – in favor; 0 – opposed. Motion passed.
CERTIFICATE OF COMPLIANCE SE 18-935, 52 JOSSELYN AVE.
The property owners John and Mary Wisbach were present for the discussion. Mr. Wisbach explained that in 2002 he had filed a request for a Certificate of Compliance for construction of additions to the dwelling at 52 Josselyn Ave., File # SE 18-935. The Certificate of Compliance was never issued. At that time, the Conservation Administrator could not recommend the Certificate since the Orders of Conditions required the existing asphalt driveway be removed and replaced with pervious material. Mr. Wisbach claimed that at the public hearing in 1998 he discussed installing a cobblestone driveway because of runoff from the street and that the Commission required that the cobblestones be set in sand and gravel. He indicated he won’t have gone ahead with the cobblestones if the Commission had not approved of the
proposal back then. Mr. Grady commented the 1998 plans made no reference to cobblestones or showed any construction detail for the driveway. In 2002, the minutes of the meeting show that the Conservation Administrator noted an issue with coverage and couldn’t recommend the Certificate of Compliance. Mr. Wisbach commented that he was never informed about that issue. No action regarding the Certificate of Compliance has taken place since 2002. Mr. Wisbach is now following up on the request for a Certificate of Compliance because the property is being sold. Mr. Wisbach presented photographs that showed street runoff down the old asphalt driveway creating an erosion problem and photographs of the cobblestone driveway during rain. Ms. Kelley questioned whether the cobblestones were in compliance with the Orders of Conditions, but was not sure what to do to resolve the issue since the majority of Commissioners were not on the
Commission in 1998 which were less stringent. Mr. Butcher stressed that regulations in 1998 differed from the regulations in 2010 and that the current Commissioners must review the project in terms of the 1998 regulations. Based on the evidence of the photographs showing improved drainage along the driveway, Mr. Butcher recommended the Commission issue the Certificate of Compliance, but noted that this construction would not be acceptable as pervious by today’s regulations. Mr. Butcher made a motion that was seconded to issue Certificates of Compliances for SE 18-935. The vote was 6 – in favor; 0 – opposed. Motion passed.
POST, 644 WASHINGTON ST., CERTIFCATE OF COMPLIANCE, SE 18-1497, SE 18-1515
Dr. Post appeared before the Commission to discuss the discrepancies to the project at 644 Washington. Mr. Grady explained that Dr. Post had requested Certificates of Compliances but a site inspection revealed that the as-built plan was not accurate and there was an issue with coverage so Mr. Grady was unable to recommend the issuance of a Certificate of Compliance. Ms. Kelley commented that during the public hearing process she was under the impression that the applicant was proposing just a covered walkway connecting the garage to the house, not a two-story addition. The Commission reviewed with Dr. Post the coverage calculations as shown on the as-built plan revised 7/23/2010 and discussed the differences from the plans referenced in the Orders of Conditions. In the Orders of Conditions, coverage was not to exceed 16.3%. The as-built plan showed coverage as 17.3%. Dr. Post noted that he was unaware that protrusions, cantilevered seating, stone steps, and concrete pads would
be calculated into the coverage percentage. Mr. Grady commented that the applicant’s contractor and engineer should be familiar with the regulations. The Commission directed the applicant to remove 68 square feet of coverage.
ADMINISTRATIVE MATTERS
The Commission reviewed requests for Certificates of Compliances for SE 18-1463 (245 Gurnet Rd.) and SE 18-1523 (52 Sunset Rd.). Mr. Grady conducted site inspections and recommended the Commission issue the Certificates. Mr. Butcher made a motion that was seconded to issue the Certificate of Compliances for SE 18-1463. The vote was 6 – in favor; 0 – opposed. Motion passed.
Mr. Butcher made a motion that was seconded to issue Certificates of Compliances for SE 18-1523. The vote was 6 – in favor; 0 – opposed. Motion passed.
The Commission reviewed requests for extension permits for the seawall repair and beach restoration projects for SE 18-1427 (1 Spring St.), SE 18-1428 (72 Goose Point Ln.) and SE 18-1429 (120 Patten Ln.) Mr. Butcher made a motion that was seconded to issue a 3-year extension permit to the Orders of Conditions SE 18-1427. The vote was 6 – in favor; 0 – opposed. Motion passed.
Mr. Butcher made a motion that was seconded to issue a 3-year extension permit to the Orders of Conditions SE 18-1428. The vote was 6 – in favor; 0 – opposed. Motion passed.
Mr. Butcher made a motion that was seconded to issue a 3-year extension to Order of Conditions SE 18-1429. The vote was 6 – in favor; 0 – opposed. Motion passed.
The Commission reviewed a request for an extension permit for the garage addition project at 427 Bay Rd, SE 18-1422. Ms. Kelley made a motion that was seconded to issue a 3-year extension permit for the Orders of Conditions SE 18-1422. The vote was 6 – in favor; 0 – opposed. Motion passed.
The Commission reviewed the draft minutes of the meeting on 8/17/2010. Ms. Hearn noted a typographical error on page one. Ms. Hearn made a motion that was seconded to accept the minutes of the meeting on 8/17/2010 as corrected. The vote was 6 – in favor; 0 – opposed. Motion passed.
Because of a lack of quorum, the Commission postponed action on the minutes for the meetings on 6/22/2010 and 7/20/2010.
The Commission inquired if any information had been submitted to the office regarding 67 Harden Hill Rd. The Commission directed the Conservation Administrator to send a letter to the applicant instructing him to submit the proposed solution plans to bring the boathouse into compliance with the Orders of Conditions SE 18-1457 no later than September 21, 2010 and place the project on the October 5, 2010 agenda.
Meeting adjourned at 9:00 p.m.
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