Conservation Commission Hearings
Meeting Minutes - Tuesday, October 21, 2008 7:00 p.m.
Meeting Opened at 7:01 pm
Present: Doug Packer, Michael Bulgaris, John Hartnett, Les Jones
Excused: Worthen Taylor III
Chairman Packer asked if the members of the Board had an opportunity to read the minutes of the September 24, 2008 hearings and whether there were any corrections; there were none. He made a motion to accept the minutes from the September 24, 2008 meeting; Mr. Bulgaris made the first motion to accept and Mr. Jones made the second motion, all in favor.
Plum Island Center Restoration Management – update to homeowners and attendees. Chairman Packer updated the homeowners on the plan to install sandbags on the beach, starting from PI Center and going down to 5th Street. Because of the concerns of terminal ends, 7th Street was to far due to conditions. Brendan Stokes stated that he would like to see the project extend to 7th Street, but also understands that also introduces a cost issue. Chairman Packer stated that there will no longer be beach access from 5th, and that 7th and 11th are getting worn down, they will be watched. The existing DCR grant funding, will be used in part, to fund this additional activity. The work will begin as soon as the DCR grant signed; the project
will take about 30 days to complete. Homeowner’s submitted their signed waivers, with the exception of Mark Farrell, who was not present.
Fred Jackman (68 Green Street) – A continued NOI for roadway maintenance, drainage, ditches, utility pole installation and wetland mitigation at the junction of Emery Lane/Plummer’s Lane/Low Street. ~~On Monday, September 22, the Jackman’s requested a continuance until the next regularly scheduled meeting. Chairman Packer recommended the granting of the continuance; Mr. Jones made the first motion to accept and Mr. Hartnett made the second motion, all in favor.
Liberti Sabatino Trustee/Meadowbrook Realty Trust (191 & 195 Scotland Road) – A continued NOI for the development of the 28-acre parcels of land, including construction of 1,650 fee of roadway and 21 cluster type lots. The Commission has not heard from the applicant or their Representative recently, nor after an inquiry sent a week ago. Chairman Packer recommended this be dropped from the agenda without prejudice, and if the applicant wished to re-open they may re-advertise and notify abutters. Mr. Bulgaris made the first motion to drop from the agenda and Mr. Jones made the second motion; all in favor.
Michael Kellan (8 39th Street) – A continued NOI to construct a single-family home and to extend driveway on the ROW to provide access to the subject property. On October 14, Apple Associates on behalf of Michael Kellan requested a continuance until the next regularly scheduled meeting. Chairman Packer recommended the granting of the continuance; Mr. Jones made the first motion to accept and Mr. Walker made the second motion, all in favor.
Don Delorey & William Burns (52 Old Rowley Road) – A continued NOI to construct single-family dwelling with associated utilities. Representative Bill Holt summarized the project; the updated status; (1) Casey McHale stated that he spoke with an Environmental Engineer, and had some mild family discussions, although they have nothing formal in writing (2) the Board of Health stated that there doesn’t appear to be any other complications, they have complied (3) Mr. Delorey agreed to discuss with the McHale’s and anyone they designate, share the plans; Mr. Delorey has received no response from his abutter Casey McHale (4) Mr. Delorey stated that the have offered a new well, land, and suggested other proposals, and the McHale’s have made no statement. Mr. Jones suggested a performance
bond a type of escrow to cover any contingency plans. It is the applicant’s opinion that that they have proposed pre and post testing. They do understand that there will be certain conditions added to the Order by the Commission. In addition, there is a contingency plan and if the post test shows contamination there will be identifiers of what will be counted. Chairman Packer asked the Commission if they had any other Regulatory issues with this project; no there were none. At this point, the only issues appear to be related to the well, and conditions such as but may not limited to the following will be added to the Order, pre/post water test, clean machines, no other machines on site other than excavator, perhaps a Performance Bond?. Chairman Packer asked the applicant if they wanted to continue the hearing to speak with abutter, and/or formulate conditions to propose, or if they preferred to close the public hearing. Their
preference is to close the public hearing. Chairman Packer made a motion to close the public hearing; Mr. Bulgaris made the first motion to close, giving Chairman Packer the authority to determine the appropriate special conditions to the order, Mr. Walker made the second motion; all in favor.
John Van Loan (41 Plum Island Tpke) – A continued NOI to raze existing structure and rebuild new single-family home in approximate location outside the coastal marsh. The applicant, his attorney Matthew Watsky, and Environmental Consultant Tracey Peter began their communication with regard to the alternatives analysis and to respond to DEP’s comments on the project, with a large portion of the issues surrounding phragmites and general performance standards. Attorney Watsky provided a copy of the letter submitted to DEP, Mike Abbel. Mr. Walker stated that he would be very interested in DEP’s response as to whether phragmites are or are not part of the salt marsh. In addition, Appendix V was added as a narrative on the square footage. There was some discussion about the tide lands
and whether the house decking would provide for stronger or weakened growth of vegetation. Chairman Packer stated that he is not convinced that moving in the marsh is a step in the right direction. An alternative analysis should be done to show the difference in impacts for each of the locations. There should also be a phragmites management plan, and Mr. Walker spent some time discussing history and his experiences with phragmites. This concludes what the applicant was prepared to discuss this evening; they have more information to gather and DEP/Board needs to review the letter submitted by the applicant. Chairman Packer went to the floor for any abutters and/or other questions; Resident Bob Watt asked about the parking and structure being on town land, and whether this has been addressed by zoning. The applicant has not been before zoning yet, want to firm up what the structure is and where if will be placed first. There was nothing additional
from the audience or the Commission; Chairman Packer then asked for a motion to continue the public hearing. Mr. Jones made the first motion to continue and Mr. Bulgaris made the second motion; all in favor.
Alan DeAngelo (78 Elm Street) – An RDA to construct a 12’X20’ shed. Mr. DeAngelo stated he wants to put up a shed and showed where the proposed location is. The Commission said that they would like to see some tie-offs from where the proposed shed will be to a couple of immovable objects, to be added to the file. He asked if the shed could be built and then moved to its permanent location, yes, as long as it is not being built within jurisdiction. Chairman Packer went to the floor for any abutters and/or other questions; there was nothing additional, he then asked for a motion to close the public hearing. Mr. Jones made the first motion to accept and Mr. Bulgaris made the second motion; all in favor.
Elizabeth McLeod (10/12 Smith Street) – An NOI to raze existing dwelling and re-construct a single-family home. Applicants Bob Oliver and Elizabeth McLeod were represented by Bob Watt, Construction Advisors. This project is in Zone C; they intend to use existing foundation and add an addition (517 square feet) and a deck on pilings. There plan is to retain the garage and just tear the rest down. Utilities will be location inside building (elevation15), there is an established driveway, which they may like to add 1” crushed stone to. There is proposed re-vegetation of 520 sf and there will be siltation fence and monitoring. They have a scheduled hearing with Zoning on 10/23. Chairman Packer advised that they should include all possible work with this application, to avoid
having to come back in for another filing. They have received comments from DEP, which will be addressed with them directly. Chairman Packer went to the floor for any abutters and/or other questions; there was nothing additional, he then asked for a motion to close the public hearing. Mr. Jones made the first motion to accept and Mr. Walker made the second motion; all in favor.
Brook Baker (19 Sunset Drive) – An NOI to construct a screen porch with attached decks. Representative Bob Watt from Construction Advisors presented an overview of the straight forward project. The applicant meets the PIOD with the screen porch for Zone C; there will be a hot tub on one of the back decks. There is an approximate 1100 square feet of impact, of which the equivalent amount will be re-vegetated. Chairman Packer went to the floor for any abutters and/or other questions; there was nothing additional, he then asked for a motion to close the public hearing. Mr. Bulgaris made the first motion to accept and Mr. Hartnett made the second motion; all in favor.
Brian Mantarian (47 Middle Road) – An RDA to construct and install a 10’X16’ shed. The applicant would like to erect a 10’X16’ shed. There are wetlands to the front and rear and the septic is in the backyard. The Commission asked for a couple of tie-offs from immovable objects to the location of the shed to be added to the file. Chairman Packer went to the floor for any abutters and/or other questions; there was nothing additional, he then asked for a motion to close the public hearing. Mr. Jones made the first motion to accept and Mr. Walker made the second motion; all in favor.
Tracey & Peter Franggos (41 Pearson Drive) – An RDA to remove existing deck and re-construct a new attached 12’X32’ deck. The applicant provided an overview of this simple project; they want to remove there existing deck and replace it with a 12’X32’ deck,; are within about 40-50 feet of wetland. This removes approximately 6 feet of existing deck. Chairman Packer went to the floor for any abutters and/or other questions; there was nothing additional, he then asked for a motion to close the public hearing. Mr. Bulgairs made the first motion to accept and Mr. Hartnett made the second motion; all in favor.
Extension Permit:
Tom Fordham (7 6th Street) – File# 050-817 for replacement of existing retaining walls; expires 12/21/2008. Chairman Packer recommended the extension of the Order; Mr. Jones made the first motion to extend and Mr. Bulgaris made the second motion; all in favor.
Certificate of Compliance:
1. Dan Gurlitz (50 Old Point Road) – Re-Issuance of COC File# 050-760 and COC for File# 050-971 to construct a 14’X18’ deck. Chairman Packer recommended the re-issuance of the Certificate of Compliance for File# 050-760; Mr. Bulgaris made the first motion to accept and Mr. Hartnett made the second motion; all in favor. Chairman Packer conducted a site visit on Tuesday October 21, found the project to be in substantial compliance, and recommends the granting of the Certificate; ; Mr. Jones made the first motion to accept and Mr. Walker made the second motion; all in favor.
2. Jim Lagoulis/Lon & JaneySherman (10 41st Street) – DEP File#050-310 to construct a single-family dwelling. . Chairman Packer conducted a site visit on Tuesday October 21, found the project to be in substantial compliance, and recommends the granting of the Certificate; ; Mr. Jones made the first motion to accept and Mr. Hartnett made the second motion; all in favor.
3. Richard Hoyle (12 Courser Brook Road) – File# 050-980 for septic system. Chairman Packer conducted a site visit on Tuesday October 21, found the project to be in substantial compliance, and recommends the granting of the Certificate; Mr. Hartnett made the first motion to accept and Mr. Jones made the second motion; all in favor.
Meeting Adjourned 9:08 pm
Respectfully submitted, Susan Noyes
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