TOWN OF PLYMOUTH
CONSERVATION COMMISSION
508-747-1620 x139
MINUTES OF THE MEETING
May 4, 2010
The Plymouth Conservation Commission held its regularly scheduled meeting on Tuesday, May 4, 2010 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.
7:00 P.M. Administrative Business
7:30 P.M. Public Hearing Begin
7:30 PM Stephen Gillard, 36 Doten Road, Parcel ID No. 042-000-019B-000B. A Request for Determination of Applicability to complete a landscaping project that includes construction of an outdoor kitchen/living area with patio extension and roof above, in the buffer zone of bordering vegetated wetland.
Brad Bertolo ofJC Engineering represented the applicant and explained the project for mostly landscaping type work.
No public comment made.
John Scagliarini motioned to issue a negative determination. Approved unanimously.
7:40 PM Jack Delucia, Highview Road, Parcel ID No. 075-000-009-021. A Request for Determination of Applicability to construct a paved driveway, related grading and stabilization, in the buffer zone of a cranberry bog.
J. Randolph Parker of LMSI represented the applicant and explained the project for 1750 of paved driveway. House outside the buffer zone.
No public comment made.
Gerre Hooker motioned to issue a negative determination. Approved unanimously.
7:45 PM Doreen L. Doyle, 133 Winthrop Road, Parcel ID No. 049-002-174-000. A Request for Determination of Applicability to construct a new septic system, in the buffer of an isolated vegetated wetland.
Mark Flaherty of FS represented the applicant and explained the project.
Gerre Hooker motioned to issue a negative determination. Approved unanimously.
7:50 PM Frost-Warren Trust, Catherine Davis, 52 Black Pond Lane, Parcel ID No. 052-000-011-000. A Notice of Intent for the post-facto construction of a 2nd story addition and wood deck, demolish a greenhouse and reconstruct a screened porch, in the buffer zone of the top of the coastal bank and bordering vegetated wetland of Center Hill Pond.
Mark Flaherty of FS represented the applicant and explained the project. He noted the post facto work
Public Comment:
Email from Odin and Kerstin Anderson read into the record supporting the project.
John Scagliarini motioned to approve the project with conditions. Approved unanimously.
8:00 PM Town of Plymouth – DPW, Multiple locations. A Notice of Intent to establish a conservation maintenance schedule in order to conduct roadway improvements and remediation of existing discharges to improve resource area conditions and road safety conditions. A complete project description is available in the Conservation office.
This project is also subject to review by Natural Heritage Endangered Species Program and MESA.
Sid Kashi, Town Engineer represented the applicant. This filing is proposed to streamline filings for the Town’s maintenance work in the various buffer zones. MESA and NHESP will review on a case by case basis. Plans will be submitted for each project. Catch basins (stormwater, etc.) Complete project narrative is on record with the NOI.
Public Comment:
Diane Perry, 11 Oak Street asked if work was for public roads and private roads. Mr. Kashi said this Order would address Public roads only.
Public comment closed.
John Scagliarini motioned to approve the project, with conditions, subject to MESA and NHESP. Approved unanimously.
8:15 PM Margaret J. Martin, Saquish Head, Parcel ID No. 132-000H-031-000. A Request for Determination of Applicability for the post-facto construction of an irrigation and fire protection well, within the buffer zone of the top of a coastal bank.
Mark Flaherty of Flaherty and Stefani represented applicants, Martin, Lanney, Long and Gallagher and he explained each project. He explained that the well driller, Larry Wile was under the understanding that BOH permits were not needed for an irrigation well and the installer was negligent in believing that Conservation permits were required. Ms. Sullivan stated that post facto penalty filing fees were assessed and paid with each applicant’s Request for Determination of Applicability.
Peg Martin said there was not intention of bringing water to the house.
John Scagliarini motioned to issue a negative determination.
Condition for recording the Determination on each deed and a condition that the well would not be used for drinking water as there are no existing septic systems. Approved unanimously. This condition would be placed on each applicant’s Determination (Martin, Lanney, Long and Gallagher).
8:15 PM Priscilla Lanney, Saquish Head, Parcel ID No. 132-000H-015-000Z. A Request for Determination of Applicability for the post-facto construction of an irrigation and fire protection well, within the buffer zone of the top of a coastal bank.
Priscilla Lanney stated that there was no intention of bringing water to the house and these wells were for fire and irrigation.
John Scagliarini motioned to issue a negative determination with same conditions. Approved unanimously.
8:15 PM Lawrence E. & Jane A. Long, Saquish Head, Parcel ID No. 132-000H-005-000. A Request for Determination of Applicability for the post-facto construction of an irrigation and fire protection well, within the buffer zone of the top of a coastal bank.
John Scagliarini motioned to issue a negative determination with same conditions. Approved unanimously.
8:15 PM Gywn & Robert Gallagher, Saquish Head, Parcel ID No. 132-000H-030-000. Request for Determination of Applicability for the post-facto construction of an irrigation and fire protection well, within the buffer zone of the top of a coastal bank.
Mr. Gallagher said that wells will be used for fire and irrigation protection only.
John Scagliarini motioned to issue a negative determination with same conditions. Approved unanimously.
Additionally, James Aimone motioned to send a letter to the well installer, Larry Wile, advising and educating him about the requirement for Conservation permits when work is proposed in wetland resources and buffer zones. Approved unanimously.
8:25 PM Thomas P. & Jane E. Walsh, Fort Standish Avenue, Parcel ID No. 132-000S-017-000. A Notice of Intent for the post-facto construction of a well and post-facto construction of an addition to the dwelling. Project also includes a new upgraded septic system. All work is within the buffer zone of the top of the coastal bank.
Mark Flaherty of Flaherty and Stefani, Inc. represented the applicant. Discussion ensued over the post-facto work that was completed.
Gerre Hooker motioned to approve the project with conditions, including fines. Approved unanimously.
Discussion was reopened by John Scagliarini for each of the previous hearings and the wells drilled without any permits. Mr. Scagliarini motioned for the agent to draft the fines for Martin, Lanney, Long and Gallagher for review by the Commission, for the wells constructed in the buffer zone without permits and filed post-facto. Approved unanimously.
8:40 PM Joseph Brennan, Bogside Drive, Parcel ID No. 075-000-009-017. A Notice of Intent for the construction of a new single family dwelling, including utilities, amenities, grading, well and tree clearing in the buffer zone of a cranberry bog.
Mark Flaherty of Flaherty and Stefani, Inc. represented the applicant and explained the project. Driveway will be paved.
Public Comment:
John Robert Nassau, 4 Acorn Trail, had concerns about a homeowners association and trust, but he supported the plan.
Gerre Hooker motioned to approve the project subject to conditions. Approved unanimously.
Other Business:
Chairman Strawn brought up the previous week’s cantilevered deck hearing on Taylor Avenue that was not subject to Bylaw jurisdiction. Discussion ensued by Mr. Aimone stated that the public hearing should be set to modify the Rules and Regs. All commissioners agreed.
James Aimone motioned to schedule a public hearing in order to modify the Rules and Regs to remove Section 13 – Exemption, of the Rules and Regs. The motion was appproved unanimously.
JURISDICTIONAL OPINION:
Henry Hoey, 41 Manomet Avenue, Map 48/lot 49-A4. For stone revetment repairs.
James Aimone motioned to allow the work to continue with conditions to get any permission from any property owners and to request sand nourishment and to follow up with a NOI filing. Approved unanimously.
ORDERS OF CONDITIONS:
Thomas and Jane Walsh, SE57-2481. John Scagliarini motioned to approve as written. Approved unanimously.
Frost-Warren, Catherine Davis, SE57-2477 Gerre Hooker motioned to approve as written. Approved unanimously.
Joseph Brennan, SE57-2480. John Scagliarini motioned to approve as written. Approved unanimously.
MISCELLANEOUS:
Commission signed 4 copies of Purchase and Sales agreement for Herries property.
Review of a clay spring off of Doten Road near Howland Pond. Request permission to install haybales in stream. Liz explained that a complaint had been received and she asked Brad Holmes to go out and investigate. He noted that he believes it to be a natural occurring bubbling spring. Liz said that haybales or any other suggestions by the Commission would be taken under advisement. Consensus of the Commission would be to allow haybales.
MINUTES FOR APPROVAL:
March 9, 2010. Brooke Monroe motioned to approve as written. Approved unanimously.
March 23, 2010. James Aimone motioned to approve as written. Approved unanimously.
April 13, 2010. James Aimone motioned to approve as written. Approved unanimously.
April 27, 2010. James Aimone motioned to approve as written. Approved unanimously.
Upcoming calendar was reviewed:
May 18 – Public Hearing
June 01 – Public Hearing
June 15 – Public Hearing
June 29 – Public Hearing
The meeting adjourned at 9:15
Respectfully submitted,
Michelle A. Turner
Michelle A. Turner
Administrative Secretary Approved on: August 24, 2010
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