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Conservation Commission Minutes 1-20-2010
Conservation Commission
Protection No. 2 Fire Department – 7 Morgan Avenue
Wednesday, January 20, 2010 at 7:00 pm

Meeting opened at 7:02 p.m.

Present:  John Hartnett, Les Jones, Dan Streeter, Chairman Doug Packer
Excused:  Worthen H. Taylor II, Ed Deardon

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.  The Jackman’s are currently in legal proceedings with regard to this property, and it is expected that this hearing will be continued until completed.  The Hearing has been continued until the February 16, 2010 meeting date; 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.  Brian Buia of Apple Associates is representing Mr. Kellan.  Mr. Buia summarized results of last meeting and their proposed solutions (1) 2 parking spots and build out of 39th Street and then shared what they have eliminated; parking area and the gravel extension of the road.   There is a 16’X16’ shadow area where no vegetation will grow, and they are now proposing putting some stair wells at that location.  The boardwalk will be approximately 2-feet above grade with 2X4 posts, trex for walkway and propose railing ramp to exit on.  They have proposed a 1,584 square foot replication (4 times the required amount).  The Commission felt that the following needed to be addressed by the applicant:  request approval from the Selectmen to erect a boardwalk on town property (2) the 8’X8’ utility shaft currently proposed under the boardwalk should be relocated to under the dwelling (3) consider a deed restriction for street/driveway for no parking and no street development (4) provide detail on how material would be brought in to the property (5) provide sectional and structural for boardwalk. The latter two should include a construction sequence.  Chairman recommended that this hearing be continued to the February 16th meeting date; Packer Mr. Jones made the first motion and Mr. Hartnett made the second motion, all in favor.

Leonard Dobson (38 Old Point Road) – A continued NOI to construct a two-story addition over existing deck.  The Dobson’s are in a Zoning/Legal process, and a continuance is expected until this process is completed.  Chairman Packer recommended a continuance until the February 16th meeting date; Mr. Jones made the first motion to accept and Mr. Hartnett made the second motion to accept; all in favor.

Gerald Fandetti (42 Fordham Way) – A continued NOI for re-construction of single-family home.  A site visit was conducted on Monday November 30, 2009.  On January 12, 2010, Mr. Fandetti requested a continuance until the February 16, 2010 meeting date.  Mr. Jones made the first motion to accept and Mr. Streeter made the second motion; all in favor.

Miltiades & Phyllis Tzitzenikos (30 Annapolis Way) – A continued NOI to construct a single-family home with associated work.  Representative Peter Rosen  from GEO/Plan Associates spoke on behalf of his applicant Milt & Phyllis Tzitenikos; as a result of the site visit discussions and recommendations; (1)the applicant is proposing the following,: install a fence along the roadway to prevent parking and access to the dune on property (2) second means of egress (3) decrease size of utility shaft.  This should address the  outstanding issues from the Commission.  Chairman Packer asked if there were abutters or any other party who would like to speak, there were none.  The Commission had no other questions or concerns.  Chairman Packer asked for a motion to close the public hearing.  Mr. Jones made the first motion to accept and Mr. Hartnett made the second motion; all in favor.  

Don Delorey (Hawk Haven Way – Lot 41C)) – An NOI to construct a roadway and associated utilities.  Representative Bob Grasso from PLS is representing the client, who was also present.  The intent of this application is to establish Hawk Haven Way as a roadway.  The intent is to have the same grade (1%) to the cul-de-sac and there will be a common area between two lots (approximately 12.9 acres).  There are A series flagging from a1-A60, designated as the blue line on plan.  The flood plain is elevation 9 and the ACDC is elevation 10; the existing culvert will have added gravel (will dig out, replace and add crushed stone) for a 16-foot gravel driveway.  The existing drainage (pipe that drains down) to crushed stone; planning department had a concern with this; but they worked through it as a private way/homeowners association.  There will also be a 16-20 foot turnaround that will be kept clear and plowed.  The Commission would prefer to see the position of the driveway moved away from the ACEC.  Mr. Grasso stated that due to a number of reasons; electrical box, existing natural path, large trees in the area, and concern that incoming vehicle head lights would hit the house and be a disturbance.    It was determined that the Commission wanted to conduct a site visit, which will be done on February 9th at 4:30 pm.  Chairman Packer made a motion to continue the public hearing until the February 16th meeting date; Mr. Streeter made the first motion to accept and Mr. Jones made the second motion; all in favor.

Don Delorey (1 Hawk Haven Way – Lot 41B) – An NOI to construct a single-family dwelling, associated utilities, well, septic and grading.  Representative Bob Grasso from PLS is representing the client, who was also present This lot consists of approximately 4.2 acres ; the wetland set back for the side is 55-feet and the rear is 66-feet (more needed for the well) at about a 12.5 elevation.  The proposed single-family home will have a 2-car garage under the structure. It is about a 3-foot foundation with approximately 2-feet exposed.  The septic tank is about 10-feet from the house and inside the buffer area. Mr. Streeter asked if there were changes to the topography; it is expected that the topography will remain about the same.  There will be staked hay bails within the limits of work (elevation 10 in ACEC zone).  Chairman Packer asked if it was possible to shift the house westerly about 20-feet to work with and ease up on the ACEC.  Chairman Packer suggested a site visit; scheduled for Tuesday February 9th at 4:30 pm.  Chairman Packer made a motion to continue the public hearing until the February 16th meeting date; Mr. Streeter made the first motion to accept and Mr. Jones made the second motion; all in favor.

Don Delorey (2 Hawk Haven Way) – RDA to install roof drains for existing single-family dwelling.  Representative Bob Grasso from PLS is representing the client, who was also present.  The proposal is to install infiltration roof drains for the property located at 2 Hawk Haven Way.  There will be approximately 17 units for 1 roof, designed for a 1” rainfall.  Soil conditions are sandy loam and about a 60-inch water table.  
Chairman Packer asked if there were abutters or any other party who would like to speak, there were none.  The Commission had no other questions or concerns.  Chairman Packer asked for a motion to close the public hearing.  Mr. Hartnett made the first motion to accept and Mr. Jones made the second motion; all in favor.  

Peter Murphy (10 Northern Blvd) - withdrawn

Brian Durkin (27 Basin Front Drive) – NOI to raze existing single-family home and construct a new single-family home.

Extension Permit:

Ursula & Donald Bade (98 Central Street) – Extension Permit for File No. 50-888 (single-family dwelling with associated utilities driveway & grading w/i buffer zone.  Chairman Packer recommended the approval of the Extension permit; there have been no regulations or local bylaw changes that affect this projects since the issuance date.  Mr. Hartnett made the first motion to accept and Mr. Jones made the second motion; all in favor.

Certificate of Compliance:

Ellen DiBenedetto (7 Sunset Drive) - File No. 050-1019 to remove existing railroad tie wall and replace with concrete loc-block wall.  Chairman Packer conducted a site visit on January 19th and found the project to be in substantial compliance and recommended issuance of the Certificate.  Mr. Jones made the first motion to accept and Mr. Hartnett made the second motion; all in favor.

Other Business:

Open Space Plan Conservation Commission Comments – Open Space Committee Chair Dan Streeter  is requesting feedback and support from the Conservation Commission on the Open Space & Recreation Plan.  He shared that an update to the Plan is due every 5 years, and they are overdue.  It was last done in 1999.  A new submittal will be valid for 7 years.  The Commission asked if the mention of Bylaw’s in the plan be avoided (specifically Wetland Bylaw) as they did not think it was necessary.  Mr. Streeter stated that the plan is not “enforceable”, but would go through the plan and bookmark potential actions.  The Action Plan update should remain consistent with the Master Plan.  Further discussion was tabled, for additional review and feedback time.

Plum Island Contingency Plan – Chairman Packer provided an update to the Commission on current PI activities and proposed actions.
Diane Flynn (11th Street)  - Chairman Packer has not received any updates from Ms. Flynn with regard to her corrective action plan for the dune adjacent to her property.  The next possible step is enforcement action.