TOWN OF PLYMOUTH
CONSERVATION COMMISSION
508-747-1620 x139
MINUTES OF THE MEETING
August 3, 2009
The Plymouth Conservation Commission held its regularly scheduled meeting on Monday, August 3, 2009 at the Plymouth Town Hall, 11 Lincoln Street, Plymouth, MA 02360. Present were Evelyn Strawn, Chairperson, Gerre Hooker, Vice-Chairman and Commissioners James Aimone, David Foster, Brooke Monroe. John Scagliarini and Paul Withington. The Conservation Planner, Elizabeth Sullivan and the secretary, Michelle Turner, were also present.
Continued from July 13, 2009
7:30 PM The Gurnet-Saquish Association, Right-of-Ways within Gurnet and Saquish Beach, Plat 132, Various Lots. A Notice of Intent to incorporate a Management Plan in order to perform the ongoing maintenance of roadways, beaches and dunes, as necessary, while also respecting and protecting the interests of the Wetlands Protection Act.
This project is also subject to review by Natural Heritage Endangered Species Program and MESA.
Al Vautrinot of Vatrinot and Webby is representing the Association through the filing process. An email from NHESP dated today was read into the record. NHESP would like to see engineered site plans and considers the filing incomplete. The aerial view photo of the beach was submitted, noting the areas where maintenance is proposed.
Discussion ensued over the type of work that could be approved. Liz noted that most importantly, the roads should be able to be maintained. No fertilizer should be allowed. Further discussion over the request for an engineered site plan. Staff said that what NHESP request is required to be followed.
Public Comment:
Norman Ferguson – Association does not have the funds to complete an engineered site plan.
John Scagliarini motioned to deny the project, but to allow roadway maintenance, (e) as referenced. John withdrew his motion.
Public Comment:
Steve Bjorkland, Saquish resident who is a Scituate Conservation Commission member and plover watcher on the Gurnet said he hoped the majority of the work would be approved.
John Scagliarini motioned to allow road maintenance and planting only. Motion withdrawn.
The applicants requested a continuance to the next available meeting.
David Foster motioned to accept the request to continue until September 28, 2009 at 7:30 PM.
Approved unanimously.
Continued from July 13, 2009
7:45 PM James W. & Paula J. Banahan, 477 Ryder Way, Parcel ID No. 037A-000-323-000Z. A Notice of Intent for the post-facto construction of decks, storage sheds and proposed construction of a handicap access ramp, within the coastal dune system and in FEMA Velocity zone of Plymouth Long Beach.
This project is also subject to review by Natural Heritage Endangered Species Program and MESA.
John Scagliarini recused himself from the hearing.
Mark Flaherty of Flaherty and Stefani, Inc. represented the applicant. The Banahan family was present as well as their attorney, Mr. Kenney. A revised plan was submitted. Mr. Flaherty said they tried to reach Environmental Manager, David Gould to gather feedback from the Town for potential mitigation for the beach, if the project was approved. The revised plan shows dune fencing, new area of Rosa Rugosa plantings, and the handicap ramp has been scaled back to four feet wide.
Staff noted a conversation with David Gould took place but with the Long Beach Management Plan under appeal, he did not feel he could offer mitigation on town property at this time.
Gerre Hooker suggested placing the sheds side by side and scaling back the deck.
Attorney John Kenney represented the applicant and said that the new work is a reduction of the previously disturbed area and stating the Banahan’s were 20 yr. stewards of the property.
Break.
The fine was calculated.
Discussion ensued by the Commissioners stating they would not have approved a deck proposed at that size on the coastal dunes.
James Aimone motioned to approve the project. John Scagliarini and David Foster abstained. The motion was approved by a majority.
James Aimone motioned to issue a fine of $4,730.00, Approved unanimously.
John Scagliarini and David Foster abstained. The motion was approved by a majority.
8:00 PM Robert Nahill, University Realty Trust, 33 Dogwood Drive, Parcel ID No. 087-000-052A-000. A Notice of Intent for the post-facto repair of a wooden retaining wall and concrete landing in the buffer zone of Boot Pond.
This project is also subject to review by Natural Heritage Endangered Species Program and MESA.
Mr. and Mrs. Nahill were present explained that all work completed previously existed and apologized for completing the maintenance prior to permitting.
Staff noted that this filing was in response to a complaint and it appeared that all work was maintenance.
Letter was read into the record from Division of Fisheries and Wildlife. MESA requested a full review of the file. Applicant agreed to meet all conditions.
Robert Nahill, University Realty Trust, 33 Dogwood Drive, Parcel ID No. 087-000-052A-000. (Continued)
James Aimone motioned to approve the project with conditions. Approved unanimously.
8:10 PM Estate of Ruth Stellberger c/o Linda O’Neill, 34 Scarlet Drive, Parcel ID No. 121-000-005-327. A Notice of Intent to demolish the existing single family dwelling and construct a new single family dwelling including driveway, utilities and amenities; construct a new Title V septic system, construct a new seasonal dock, in the buffer zone and resource of Big Sandy Pond.
Mark Flaherty represented the applicant and explained the project. For the record, Mr. Flaherty stated the correct property owner as Linda O’Neill, the sole owner of the property.
No public comment.
James Aimone motioned to approve the project with conditions. Approved unanimously.
Other Business:
VIOLATION:
7:00 PM - 7 Elm Street, Maryann and James Welsh. Removal of vegetation in the buffer zone of Bartlett Pond. Elizabeth Sullivan, Conservation Planner explained the violation of cutting vegetation in the buffer zone. James Aimone motioned to issue a fine of $100. Approved unanimously.
REQUEST FOR JURISDICTIONAL OPINION (JO):
41 Manomet Avenue, Map 48/Lot 49-A4, request to make safety repairs to the coastal stairway
John Scagliarini motioned to issue a JO, not requiring a filing. Approved unanimously.
FIELD CHANGE:
Gary Mole, SE57-2400, 116 Warren Avenue – Various landscaping changes within the 25 foot buffer zone
David Foster motioned to approve the field change request. Approved unanimously.
CERTIFICATE OF COMPLIANCE:
Mayflower Bank, PCC-07-43 (Bylaw only Order). John Scagliarini motioned to issue COC. Approved unanimously.
ORDERS OF CONDITIONS:
James W. & Paula J. Banahan, SE57-2440. James Aimone motioned to approve as amended, referencing the revised plan with a fine. John Scagliarini abstained. The motion was approved by a majority..
Robert Nahill, University Realty Trust, SE57-2442. David Foster motioned to approve as amended. Approved unanimously.
Estate of Ruth Stellberger, SE57-2443. David Foster motioned to approve as drafted. Approved unanimously.
The August calendar was reviewed: August 10 – OFF; August 17 – Public Hearings; August 24 –OFF; August 31 – Public Hearings
The meeting adjourned at 9:55 PM.
Respectfully submitted,
Michelle A. Turner
Michelle A. Turner
Administrative Secretary
Approved on: September 28, 2009
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