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Conservation Commission Meeting Minutes December 14, 2009
TOWN OF PLYMOUTH
CONSERVATION COMMISSION
508-747-1620 x139

MINUTES OF THE MEETING
December 14, 2009

The Plymouth Conservation Commission held its regularly scheduled meeting on Monday, December 14, 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, Brooke Monroe. John Scagliarini and Paul Withington.  The Conservation Planner, Elizabeth Sullivan and the secretary, Michelle Turner, were also present.
David Foster was absent.

7:00 P.M.       Administrative Business
7:30 P.M.       Public Hearings Begin

Continued from November 9, 2009
7:30 PM WPH Nominee Trust, 146 Black Cat Road, Parcel ID No. 098-000-066A-004. A
Request Determination of Applicability to replace the existing stone driveway with porous asphalt and
overflow stone shoulders to same width of existing drive, in the buffer zone of:  bordering vegetated
wetlands, Trask Pond, and riverfront area of a brook .
J. Randolph Parker of Land Management Systems, Inc., represented the applicant.
Discussion began with the porous asphalt and the research that the Commission has done.  The difference in the specs in the Hallisey site will have 8 inches of crushed stone.
Conditions  No seal coat is allowed, minimum 2x year sweeping and vacuum must occur.   Patch and resurface must be done with porous material.  Maintenance logs shall be submitted yearly.
Gerre Hooker motioned to issue a negative determination.   Paul Withington and Gerre Hooker opposed the motion.  The motion did not carry.
Paul Withington was not supportive of any type of pavement on the surface per the original condition in the Order.
Jaime motioned to close the hearing.  Approved unanimously.  No further action was taken.

Continued from November 2, 2009
7:40 PM Henry Goodhue, 739 Long Pond Road, Parcel ID No. 069-000-059-015.  A Notice of Intent to construct a boathouse; pathway maintenance with proposed handrail and construction of a seasonal dock within the buffer zone and resources of Long Pond.  
This project is also subject to review by Natural Heritage Endangered Species Program and MESA.
No representative was present.  Liz explained the project
Gerre Hooker motioned to approve the project for the pathway/handrails

Continued from November 2, 2009
Continuance Recommended for Town Counsel Opinion
7:50 PM Bruce R. & Love A. Howard, 735 Long Pond Road, Parcel ID No. 069-000-059-016.  A Notice of Intent to construct a boathouse, including deck, wooden steps and platforms within an inland beach, bank, BVW and flood zone; construction of a seasonal dock, with amenities, within the resources of Long Pond.
Gerre Hooker motioned to accept the continuance until January 19, 2010
This project is also subject to review by Natural Heritage Endangered Species Program and MESA.

Continued from November 2, 2009
8:00 PM Augustino Diodato, 163 Bay Shore Drive, Parcel ID No. 043-000B-056-000Z.  A Notice of Intent for the construction of a single family dwelling, including utilities and amenities, in the buffer zone of Bordering Vegetated Wetlands of small unnamed ponds.

William Shaw of Associated Engineers of Plymouth represented the applicant.
Also present:  Attorney John Wyman, representing the applicant; Mr. Diodato; Mr. Diodato’s mother and his son were also present..
Mr. Shaw resubmitted a copy of the project narrative and discussed the construction sequence.
Discussion ensued over the 4 foot area between the 25 ft. buffer zone and the dwelling.  The dwelling footprint was discussed.
Mr. Diodato said that smaller equipment would be used to get into tighter spaces.  Future septic system repairs could be done by hand if needed but the type of system going in should not fail.  
Mr. Shaw said his opinion of the Commission’s 25 ft. buffer zone should not deprive his client the use of the land and feels that this is not the purpose of this policy.

John Wyman, attorney for Mr. Diodato said that the proposed plan abides by the established state and local guidelines and he hoped that hypotheses were not being drawn.  

Public Comment:
Augustino Diodato Jr. made a final statement and he read a letter into the record regarding treating all people fairly.  
Public comment closed.

Paul Withington asked if the rocks would be removed from the back lot and Mr. Diodato said the loose rocks would be removed.

Evelyn Strawn noted that our consultant’s report identified that all work is outside of the buffer zone.  
Gerre Hooker motioned to close the hearing.  Unanimous.

Upon completing other business John Scagliarini motioned to begin deliberation of the Diodato hearing  The motion was approved unanimously and discussion commenced.
Brad Holmes explained that no work is proposed in the BVW and that boundary markers, fence, etc. could be established.  Enhancement plan for the wetlands could be a condition.
Discussion ensued how the project could be denied.  Brad Holmes noted that not meeting the Bylaw’s 25 ft. buffer zone policy could be stated in a denied Order.
John Scagliarini motioned to approve the project with conditions.
John, Paul, Evelyn, Gerre in favor.  Jaime opposed, and Brook abstained.  Motion was approved by a majority.

Other Business:

MISCELLANEOUS:
Letter from Kevin Steele, Plymouth Country Club regarding tree removal.  Jaime Aimone motioned to issue a JO, no filing required.  John Scagliarini abstained.  Approved unanimously.

CERTIFICATE OF COMPLIANCE:
James McKinnell, 47 Shallop Road, SE57-2344.  Gerre Hooker motioned to issue the COC.  Approved unanimously.

ORDER OF CONDITIONS:
Henry Goodhue, SE57-2445.  John Scagliarini motioned to approve as amended.  Approved unanimously.

EXTENSION PERMITS:
Robert Bonneau, SE57-2232.  John Scagliarini motioned to issue a 3-year extension.  Approved unanimously.

New Tuesday Conservation Commission meeting calendar was reviewed.
Tuesday, January 5, 2010
Tuesday, January 19, 2010

MINUTES:
December 7, 2009
James Aimone motioned to accept the Minutes as written.  Approved unanimously.

The meeting adjourned at 9:20 PM

Respectfully submitted,

Michelle A. Turner
Michelle A. Turner
Administrative Secretary        

Approved on:    April 13, 2010