Conservation Commission
Town Hall – 25 High Road
Meeting Minutes – March 15, 2011
Present: Chairman Doug Packer, Dan Streeter, Jim Cunningham, John Hartnett, Les Jones, John O’Connell
Excused: Worthen H. Taylor II
Meeting Opened at 7:04 pm
Leonard Dobson (38 Old Point Road) – A continued NOI to construct a two-story addition over existing deck. Mr. Dobson is still in litigation with regard to this dwelling and would like to continue this hearing to the next meeting date. Mr. Streeter made the first motion to accept and Mr. O’Connell made the second motion; all in favor.
Mass Wind LLC (8 Middle Road) – A continued RDA for the construction of three wind turbines. Representative Jonathan Markey of Meridian Assoc. shared for February meeting that their applicant is seeking financing alternatives. In addition, they intend to modify their existing plan to one turbine on the upland. Neither the applicant nor their representative was present. Mr. Cunningham made the first motion to continue the hearing and Mr. Streeter made the second motion; all in favor.
John Wishnok & Judith Chaffee (2 Melody Lane) – A continued NOI to construct a 6’X12’ addition off living room area. The applicant was not present, and Mr. Packer recommended a continuance until the next meeting. Mr. Cunningham made the first motion to accept and Mr. Hartnett made the second motion; all in favor.
CMF Associates, LLC (30 Northern Blvd.) – A continued NOI to construct single-family dwelling within a coastal dune. Representative Philip Christenson and Atty Paul Novak were present to discuss the project on behalf of the applicant. They provided a piling plan that was asked for by both the Commission and the State. The transacts for the building were identified approximately 45-feet from the lot line. There is an old path by 7th street (1,000~sf) not used as a town ROW, but towns people do use that path, in addition to and near the street (600~sf) that will be used for re-vegetation. There is a restriction on the deed to allow for no parking and recommend a fence be installed on the property by the street line to prevent encroachment on the dune. The Town has a requirement in the
Beach Management Plan to identify five and keep at least three ROW’s open, which can change year to year dependent on the erosion. Chairman Packer asked of velocity zone and Mr. Christensen believed it was 18 feet; they will need to verify the velocity zone. Pilings would be a day job when frost is in the ground; the machine would be on the street and be able to drive the piles for the house from the street. The proposed structure is 989 sf, however they did not compensate for the decks and porches, etc. There is approximately 1600 sf that they need to re-vegetate, there is banking along the back dune that could be planted. Chairman Packer warned that he was not going to continually direct the applicant and their rep on what information was required for the filing. The applicant has been before the board a number of times for other projects and should be familiar with the process. He recommends they read through 310 CMR and the local
wetlands bylaw.
A site visit scheduled for Monday, March 21, 2011 at 5:00 pm
Chairman Packer went to the audience for abutters or residents that had any questions. Abutter Steve Narkowicz wanted to be on the record that he that the frost got to a depth of 4 feet routinely on the island.
James Swallow – An NOI to construct a single-family home. The applicant was not present, and Mr. Packer recommended a continuance until the next meeting. Mr. Cunningham made the first motion to accept and Mr. O’Connell made the second motion; all in favor.
Town of Newbury (off Middle Road) – An NOI for the replacement of hydraulic control structure (weir) and installation of culvert as replacement for a prior crossing structure. The land owner, Steve Bandoian’s Atty Lisa Mead, requested a continuance to allow time for review of the proposed project. . Mr. Jones made the first motion to accept and Jim Cunningham made the second motion. Mr. Hartnett has recused himself from this hearing.
Robert Swisher (19 Marsh Ave) – NOI for an addition to an existing single-family home. A straightforward project and the reason he is before the board is due to the fact that his resource area is in the Riverfront; the 100-200 foot zone. The impact of his addition is well below what he could have. Chairman Packer went to the audience for abutters or residents that had any questions; there were none. Chairman Packer then made a motion to close the public hearing. Mr. O’Connell made the first motion to accept the project as presented and Mr. Hartnett made the second motion; all in favor.
Ron & Martha McManus (39 Hanover Street) – RDA to repair and existing septic system. The applicant found out last November that their system was in failure. They are using PLS to fix/upgrade the existing system. They are over 50-feet from the wetland. We are reviewing the system for where it is being installed, not it’s function. The BOH has already approved. Chairman Packer went to the audience for abutters or residents that had any questions; there were none Chairman Packer then made a motion to close the public hearing. Mr. Hartnett made the first motion to accept the project as presented and Mr. Cunningham made the second motion; all in favor.
Ann Proli Cataldo (3 33rd Street) – RDA to replace existing wrap around deck with posts and remove existing walls on northeast side and convert to open porch. There are two parts to t his application.
Part 1 – Currently it is an enclosed porch and has been used as storage. They would like to remove the walls and convert this to an open porch. Part 2 – There is an existing wrap around porch with decking. They would like to do a direct replacement. They will dig the footings/posts by hand along the deck where the existing footings are.
Steve Narkowicz, an abutter, stated that the northeast corner of this property holds back a dune system that protects the area, examples are 1978 & 1991 and this past winter. There seems to be a ROW and the applicant seems to be parking in the ROW. Would like to ensure the ROW remains open, would like to understand how debris will be removed. Will use a utility trailer to hold and remove decking. There is no parking space, and the ROW is about three cars deep; will ensure that the ROW is open enough for people to move through. The project would start sometime in April with the goal for the project to be completed by Memorial Day. He has some concern that the dune will collapse when the porch/deck are removed, just need reasonable comfort that the dune will be restored if needed. The Commission stated
that they would condition the Order as follows: maintain 3 foot access, no dumpster, debris be removed as it is removed and if dune fails it needs to be hand shoveled back and grass replanted and the Commission to be notified when any one of the phases of the project is complete. Chairman Packer went to the audience for abutters or residents that had any questions; there were none. Chairman Packer then made a motion to close the public hearing. Mr. Streeter made the first motion to accept the project as presented and Mr. Hartnett made the second motion; all in favor.
Rohin Mhatre (98 Northern Blvd.) – RDA to re-construct an existing deck. The applicant stated that the deck is on the second floor and they are proposing to replace a glass door, pull existing deck (that is over and supported by an existing structure) as a direct replacement only. Their will be some minor foot traffic around the perimeter and minimal disturbance. If there was a need to replant beach grass, they would do so. Chairman Packer went to the audience for abutters or residents that had any questions; there were none. Chairman Packer then made a motion to close the public hearing. Mr. O’Connell made the first motion to accept the project as presented and Mr. Cunningham made the second motion; all in favor.
Other Business:
80 Northern Blvd (Gloria Daige/Zachary Esper) – The home owner claims that there was overfilling of the dune as a result of the dredging project and has asked that the excess sand be removed.
DEP has discovered that there is still an outstanding Enforcement Order against the property, and the Town had it recorded two years after it was issued. It does not appear that any of the corrective action was done. The Town has suggested that the Army Corp material be retained, in order to clear the Enforcement Order.
Chairman Packer addressed the Board for their opinion; is the material that was left by the Army Corps during the reconstruction of dune enough to satisfy the Enforcement Order. It was the Board’s opinion that this solution seems to satisfy the requirements of the Enforcement Order and that they would release a Certificate of Compliance for the Enforcement Order if the applicant complies. Mr. Jones made the first motion to accept and Mr. Hartnett made the second motion; all in favor.
John O’Connell - wanted to speak for a moment on behalf of the Planning Board with regard to the Martin Burns property. There is still some uncertainty whether the Scotland Road to the Artichoke River is a perennial or intermittent stream. It is Mr. O’Connell’s opinion that it is an intermittent stream that runs all year long. He used maps that have the watershed and flow rates – by that map it is an intermittent stream. The applicant is not before the Commission with an application at this time. It is the Board’s opinion that they do not want to define it as intermittent stream now, and then take the burden that it is not a perennial stream and they prefer not to take a position one way or another at this time. In addition, there was some question on whether
or not the number of lots on the yield plan appropriate
Meeting adjourned at 8:35 pm
Respectfully Submitted, Susan Noyes
Pursuant to the 'Open Meeting Law,' G.L. 39, § 23B, the approval of these minutes by the Commission constitutes a certification of the date, time and place of the meeting, the members present and absent, and the actions taken at the meeting. Any other description of statements made by any person, or the summary of the discussion of any matter, is included for the purpose of context only, and no certification, express or implied, is made by the Commission as to the completeness or accuracy of such statements.
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