The Plymouth Conservation Commission held its regularly scheduled meeting on Monday, July 28, 2008 at the Plymouth Town Hall, 11 Lincoln Street, Plymouth, MA 02360. Present were Evelyn Strawn, Chairperson, Gerre Hooker, acting Vice chairman and commissioners Christopher Brink, David Foster, Brooke Monroe, John Scagliarini and Paul Withington. The Conservation Planner, Elizabeth Sullivan and the secretary, Michelle Turner, were also present.
7:30 PM Martina Stickney, 8 Bittersweet Circle, Parcel ID No. 075-000-026-013. A Request for Determination of Applicability for the post-facto construction of a deck with stairs within the buffer zone of a cranberry bog, in order to request a Certificate of Compliance for DEP File No. SE57-952 and to upgrade a septic system, outside of the buffer zone of a cranberry bog.
Mark Flaherty of Flaherty and Stefani, Inc. represented the applicant and explained the project. Gerre Hooker motioned to issue a negative determination. The motion was approved unanimously.
Continued from June 30, 2008
7:35 PM James & Sandra White, 40 Shore Drive, Parcel ID No. 050-001-391-000. A Notice of Intent for the construction of a retaining wall, including grading and plantings, in the buffer zone of the top of a coastal bank.
Mark Flaherty of FS represented the applicant and explained the project.
Mark explained that the junipers would be removed and replaced with bayberry, Rosa Rugosa and more Junipers. Planting areas would extend 8 ft. from the top of the bank upland . Commission requested a planting plan be conditioned in the Order.
Machinery used is an excavator on track machine.
Depth of trench is 1 ft. wide, filled with 2 ft. concrete and 72 ft. length.
50 yds of fill will be added
Evelyn Strawn expressed concern with the bottom of the bank and the efforts made to preserve that area.
No public comment made.
Christopher Brink motioned to approve the project with conditions. The motion was approved unanimously.
Continued from June 16, 2008
8:00 PM Daniel Kurz & Bethany Porter, 21 Whitney Lane and 69 Sanderson Drive, Parcel ID Nos: 054-000-010A-051; 054-000-010A-050; 054-000-010G-000. A Notice of Intent for the following work:
For Lot 10A-51 & 10G: Extend the existing revetment return as necessary to mitigate flanking, add gravel and cobble tapers; fill and plant upper bank as needed to stabilize, construct an upper parking/driveway retaining wall, and construction of a coastal stairway. All work occurs in the resource and buffer zone of a coastal bank.
For Lot 10A-50 & 10G: Gravel and cobble outwash to be placed at base of the unprotected bank and stabilize with compatible fill and vegetation, in the resource of the coastal bank.
J. Randolph Parker of LMSI represented the applicant and explained the project from the stone revetment transitioning to cobble, sand, boulders on lot 10A-50.
The driveway and retaining wall was withdrawn from the project.
Mr. Parker discussed the potential access ramp through a lot owner of 10A-47 (future NOI to be submitted for that lot). Gerre asked for an explanation of the creation of the stone shelf and asked if this would create a new top of bank and Randy explained that a created shelf would not deem a new top of bank.
No public comment made.
Gerre Hooker motioned to approve the project, less the driveway and retaining wall. The motion was approved unanimously.
8:15 PM Michael P. & Janice L. Goodman, 4 Russell Mills Road, Parcel ID No. 082-000-033D-000; - 34; -33B-A. A Notice of Intent for the restoration of the Russell Mill Dam including widening fish ladder, spillway refurbishing, hydroelectric facility relocation, channel and pond rip-rap armoring, clear and grade an area to stockpile material, and temporary reduction of pond levels, within the resource of Russell Mill Pond and within a channel of the Eel River.
This project is also subject to review by Natural Heritage Endangered Species Program and MESA.
Mark Flaherty of FS represented the applicant and explained the project. Gave some brief history of the old mill. The install of the siphons will allow him more control of the water levels. Fish Ladder has not been used for 12 years. The electric turbine house is to be relocated serving the Goodman and the Enos property and remaining energy is returned to the grid.
Completion of the fishway will be done in the first phase. Draw down of the pond will be done through siphons, over a series of months.
Public Comment:
Laurien Enos – confirmed 25 ft. buffer zone around the ILSF. No work should start until all permits are approved and in hand. Water not restored from the winter drawdown. Post a bond; and asked if copies of permits could be obtained through the office.
George Cornell member of the Swedish club who owns property, asked about the lake level in total and what the amount of drawdown would be – Approx. 6 inches down.
Public Comment closed.
Gerre Hooker motioned to approve the project with conditions. The motion was approved unanimously.
Other Business
FY09 Reorganization of the Commission
For Chair: Gerre Hooker motioned to nominate Evelyn Strawn as chair. The nomination was accepted. Approved unanimously.
For Vice-Chair: Christopher Brink motioned to nominate Gerre Hooker as vice-chair. The nomination was accepted. Approved unanimously.
Attorney Edward Conroy – representing Barbara Trask regarding the property lines of Center Hill Preserve
Atty. Conroy explained the process to correct the lines. An A & R plan will be drawn up, then to Town Meeting with an Article and then on to Legislature approval..
The consensus of the Commission was support of the process to allow the Trask family to continue to utilize and own the already disturbed yard area.
DEP APPEAL UPDATES:
Bruce Orcutt, 23 Central Avenue, SE57-2340. Construction of a deck.
DEP issued a Superseding Determination of Applicability approving this project. Staff spoke with DEP officials and DEP said the project did not warrant a Superseding Order (no filling, dredging, alteration) and therefore issued a negative Determination.
Christopher Brink motioned not to pursue the appeal under the local bylaw. Paul Withington abstained. The motioned was approved by a majority
ORDERS OF CONDITIONS:
*James & Sandra White, SE57-2362. Gerre Hooker motioned to approve as amended. The motion was approved unanimously.
*Daniel Kurz & Bethany Porter, SE57-2346. Gerre Hooker motioned to approve as amended. The motion was approved unanimously
*Michael & Janice Goodman, SE5-2369. Gerre Hooker motioned to approve as amended. The motion was approved unanimously.
CERTIFICATE OF COMPLIANCE:
*Green Meadow Realty Trust, SE57-952. Gerre Hooker motioned to issue the COC. The motion was approved unanimously.
*Roland P. Leary, SE57-581, Partial COC for 6 Shallow Pond Lane only. Gerre Hooker motioned to issue a the COC. The motion was approved unanimously.
The meeting adjourned at 9:30 PM
Respectfully submitted,
Michelle A. Turner
Michelle A. Turner
Administrative Secretary
Approved on: September 22, 2008
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