Conservation Commission
2500 State Highway
Earle Mountain Room
July 23, 2013
MEETING MINUTES
Commissioners Present: Chair Stephen Smith, Steven LaBranche, Fred Rollinson and Michael Harnett, Linda Haspel.
Also Present: Ezra Ambrose, Jason Ellis, Phil Cheney, John Casali, Jamie Norcross, Julie Koenig, Suzanne Casali, Fred and Carol Levison.
Staff Present: Jeff Thibodeau, Shana Brogan.
6:02 PM
Chair Stephen Smith opened the meeting.
Notice of Intent filed by EKG Properties. Applicant proposes replacement of fiber rolls with a rock revetment at property located at 40 Bayshore Lane, Map 13, Parcel 136F.
Steven LaBranche MOVED to continue to August 13, 2013, Fred Rollinson SECONDED.
ALL IN FAVOR.
Notice of Intent filed by Benjamin and Judith Rice. Applicant proposes replacement of fiber rolls installation of rock revetment at property located at 25 and 45 Sunset Lane, Map 13, Parcel 139 & 141.
Fred Rollinson MOVED to continue to August 13, 2013, Steven LaBranche SECONDED.
ALL IN FAVOR.
Notice of Intent filed by EKG Properties. Applicant proposes installation of rock revetment and reconstruction and relocation of beach access stairway at property located at 15 Sunset Lane, Map 13, Parcel 138.
Steven LaBranche MOVED, Fred Rollinson SECONDED request to continue.
ALL IN FAVOR.
Continuation of John and Elisa DiBari. Applicant proposes installation of sand envelopes, removal of invasive plantings, and sand nourishment at property located at 92 Old State Highway, Map 20, Parcel 116C.
Jamie Norcross and Jason Ellis represented the project. He explained that the previous proposal proposed sandbags a found subdivision plan of 1985 indicates there was a main dwelling on the property from 1825 that is still there and a building permit application from 1975was found indicating and there was a cottage on the lot.
Jeff Thibodeau suggested further review of the evidence. Jason Ellis did not have further evidence that the house was built in 1975 and the 1825 house is on lot 1A. Jeff Thibodeau explained the question if the original structure was post or pre 1978. Jeff read 310 CMR 10.30. Stephen Smith said if there was a one-room shack or cottage and the current house it was not in the same footprint it is much larger and it is a major expansion. Jamie Norcross noted that cases go both ways and there is nothing that says they cannot expand the dwelling. Stephen Smith said they do not know if the house has moved closer to the town cove. Jeff Thibodeau said he has spoken with the town attorney where he learned that a complete tear down and reconstruction of the pre-existing non-conforming clause can go away.
Stephen Smith also noted the bank is being heightened to 14’ and he does not recall a revetment being built higher than a coastal bank. Jason Ellis noted the bank decreases in elevation so the entire wall will not be 14’ and they are trying to protect the bank so it does not retreat more than it already has. Jason Ellis said the buffer strip would be on top of the gabion baskets. Steven LaBranche requested a larger variety of plants Jeff Thibodeau requested a planting plan and a quantified amount of plants and requested the seaward limit of work. Steven LaBranche mentioned high tide bush and said he mentioned gabions as an option only at the bottom of the bank. It was noted town cove is not routinely an area that is attacked by high waves, and it is not an area to be nourished by sand as the coastal
process is different than on the bay side and it is a low place. It was noted that the poly filter fabric creates a barrier that makes the fill expendable and questioned how to get root growth and ideally there would be a vigorous buffer strip to stop the wave energy. Jamie Norcross said they will do more research on the pre-1978 dwelling. Stephen Smith requested stronger evidence, a better planting plan, and looking into more perforated poly fabric and would not like to see the gabions showing protection of sediment from entering the marsh.
Fred Rollinson MOVED to continue to August 13, 2013, Michael Harnett SECONDED.
ALL IN FAVOR.
Notice of Intent filed by Davis and Tessie Gooding. Applicant proposes replacement of septic system at property located at 1625 State highway, Map 18, Parcel 307B.
Stephanie Sequin of Ryder and Wilcox represented the project. She explained there is an existing house and a large shrub swamp on the property, the only resource is the 100 year flood zone and the leaching system needs to be replaced in the same location as existing. All work to b in the existing yard area. Jeff Thibodeau requested grass mix to be submitted for approval.
Fred Rollinson MOVED to approve, Linda Haspel SECONDED.
ALL IN FAVOR.
Request for Amended Order of Conditions filed by Ian and Janna Drake. Applicant proposes construction of screened deck over existing deck and replacement of existing balcony deck under DEP SE 19-1166 at property located at 25 Smith Heights Way, Map 18, Parcel 058.
Project was withdrawn due to expiration of the order of conditions.
6:50PM
Continuation of Notice of Intent filed by Christopher Cormier. Applicant proposes removal of gravel driveway and replacing with lawn, removal of two cedar trees, replacing invasive shrubs with native shrubs, planting various non-native shrubs and installation of lawn irrigation system at property located at 420 Bridge Road, Map 20, Parcel 071 and 069.
Phil Cheney represented the project and informed the commission they no longer proposing to remove or transplant the cedar trees, they propose a 6’ cedar fence with native plantings on each side. Jeff Thibodeau requested to see the final chosen seed mix and noted an 8” space under the fence for wildlife movement.
Fred Rollinson MOVED to approve, Mike Harnett SECONDED.
ALL IN FAVOR.
Continuation of Notice of Intent filed by Richard and Sandra Boyatzis. Applicant proposes relocation of dwelling and septic system 30’ back from the top of a coastal bank at property located at 32 Tomahawk Trail, Map 25, Parcel 16.
Jason Norton, Jason Ellis, Theresa Sprague represented the project. Jason Ellis explained they have a mitigation plan and Jason Norton prepared the alternatives analysis and a construction protocol was submitted from Ambrose homes. Jeff Thibodeau noted because the foundation is remaining in place there will be far less construction impacts. Jeff Thibodeau asked about the establishment of the meadow and invasive species removal includes the use of herbicides.
Stephen Smith did not observe much damage from wave action at all there was a small area of erosion but no signs of erosion. Theresea Sprague explained the bank is well vegetated and there were stone steps that were dislodged and the homeowners are concerned that in the future they may not be able to do the project. She continued to say the invasive plants can be removed by hand, herbicides would be applied to the cut stump as they do not want to disturb the bank by removing the root systems. Stephen Smith requested the total volume of herbicides to be used. Steven LaBranche noted there was a steep area on the south side that would need to be seeded. Theresa Sprague responded they want to protect the stability of the bank and create the buffer strip and have the house out of the 50’ buffer zone. They will
protect native species around the house and then replant once the house is moved. They propose to remove five of greater trees. Once meadow is established they will mow a path no greater than 4’ to access the existing stepping stones. Ezra Ambrose explained the foundation of the project and Theresa said they would add some top soil for the meadow. Theresea Sprague also informed the commission the switch grass is very stabilizing and meadows are unique habitats for birds and butterflies and they are proposing a split rail fence to protect the meadow along the edge of the buffer which will also have virginia rose.
Jeff Thibodeau requested a protocol for meadow management so they know how and when it will be done. Theresa Sprague responded they will report yearly and proposed an early (march) spring mowing. It was proposed to remove the flowering autumn clematis. Michael Harnett asked for more detail on the low volume spray nozzle. It was agreed to add a note that there is not spraying on the site. Note to be added to plan that herbicides only are licensed professional.
Fred Rollinson MOVED to continue to August 13, 2013, Michael Harnett SECONDED.
ALL IN FAVOR.
Request for Amended Order of Conditions filed by Drolsbaugh Trust. Applicant proposes amending conditions for DEP SE 19-1253 to modify existing annual sand nourishment requirement amount at property located at 21 Gail’s Way, Map 07, Parcel 572.
Jeff Thibodeau informed the commission the shoreline is heavily armored in the area. Stephen Smith agreed and at 3PM there was 3 feet of water up the revetment. Smith does not disagree with the calculation and the forumula. Smith wonders if because of the steepness increases the wave reflection. It was not known how the nourishment amount was determined. Stephen Smith also noted the stretch of revetments has no beach at high tide and part of the concept of nourishment is to provide sand. Tim Brady did not agree the beach level would be impacted.
Fred Rollinson MOVED to continue to September 10, 2013, Micahel Harnett SECONDED.
ALL IN FAVOR.
7:50PM
Continuation of Notice of Intent filed by John and Suzanne Casali. Applicant proposes construction of additions on pile foundation, elevated walkway, shell driveway, decks, and shower at property located at 1145 Kingsbury Beach Road, Map 10, Parcel 330A.
Tim Brady represented the project. The site plan was to expand the existing parking area to 12 feet in width and shrubs will be transplanted a small amount of fill and shell will be added. The deck at barn to be 2 feet over the ground and walkway will decrease to 2’ in the middle to get to house. They also propose to remove some ground level decking on southwest corner of house. Jeff Thibodeau said no pressure treated wood policy to be conditioned. Fred Rollinson asked about planting cedar trees in the transplant area 2:1 for the plantings lost. Transplant area to be eliminated.
Steven LaBranche MOVED to approve, Fred Rollinson SECONDED.
ALL IN FAVOR.
Continuation of Request for Certificate of Compliance filed by Anthony and Diana Richter for DEP SE 19-1104 for construction of addition at property located at 25 Kellies path, Map 11 Parcel 425.
Jeff- noticed erosion in the area where they were supposed to revegetate. Run-off should not be diverted to the wetland. Write letter requesting they successful revegetation of the area.
Linda Haspel MOVED to deny the request, Fred Rollinson SECONDED.
ALL IN FAVOR.
Other Discussion
Mass DOT Wetland Resource Area Evaluation Memo for 5645 State Highway.
Commission said the area gets run off from Route 6 but they are not happy how they are handling the run off, but it is not in their jurisdiction.
Commission accepted that sufficient evidence not in jurisdiction.
Violation - 40 Cranberry Lane.
Jeff Thibodeau cutting of cedar trees within the buffer zone.
Carol Levinson informed the commission that in June there was a high tide and a storm and the salt water sat there for days and there was dead rugosa rose. They lost seven trees and replaced five trees. They had permits for other activities. Carol Levison determined that Chinese juniper and grousel shrubs. The Levinsons said they would plant two cedar trees, beach plum and more grounsel.
Linda Haspel MOVED Fred Rollinson SECONDED.
ALL IN FAVOR.
Adjournment
Steven LaBranche MOVED to adjourn, Michael Harnett SECONDED.
ALL IN FAVOR.
Respectfully Submitted as prepared by,
Shana Brogan
______________________
Stephen Smith
Conservation Commission Chairman
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