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Conservation Commission Minutes September 28, 2010
TOWN OF PLYMOUTH
CONSERVATION COMMISSION
508-747-1620 x139

MINUTES OF THE MEETING
SEPTEMBER 28, 2010

The Plymouth Conservation Commission held its regularly scheduled meeting on Tuesday, September 28, 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.

7:20 PM Laury O’Halloran,  83 Samoset Street, Parcel ID No. 030-014-005B-002.  A Request for a Determination of Applicability to demolish and reconstruct a wooden retaining wall in the buffer zone of Bordering Vegetated Wetland.
Craig Wooster, the contractor, represented the applicant and explained the project details to replace the retaining wall.  Wooden wall is tilting and is also deteriorating.  Length is 60 feet, running from 18 to 30 inches high.  Crush stone will be placed behind the wall and a drainage pipe added to release the water.

Public Comment:
Paul Hathaway of 77 Samoset Street concerned with how much runoff will be generated.  Mr. Wooster said that no additional water will tap into the new pipe, so only the existing water will be handled.
Gerre Hooker motioned to issue a negative determination.  Approved unanimously.

Continued from July 27, 2010
7:30 PM Robert J. Ankstitus, 125G Taylor Avenue, Parcel ID No. 045C-000-012-000.  A Request for Determination of Applicability to construct a cantilevered extension of an existing deck and to construct a new cantilevered deck, within the coastal dune system of White Horse Beach.
Robert and Patti Ankstitus represented themselves and explained their project.  Decks will be cantilevered, no footings and no disturbance to the dunes.

Public Comment:
Hassan Afzali, 123G Taylor Avenue – concerned with the deck in violation (which is not part of this hearing), but he did not support more decks being added and their effects during storm damage.
Vincent Damiano,  125D Taylor Avenue, concerned with the migrating sand and if decks would prohibit this.
Gina Afzali, 123G Taylor Avenue, concern with the possibility that pilings might be needed in the future if the deck was not sturdy.  
Cheryl Damiano, 125D Taylor Avenue, stated that the back deck was converted to a sunroom. She did not support the new deck.

James Aimone motioned to issue a negative determination approving the side deck and issued a positive determination on the ocean side deck.  Therefore, a Notice of Intent would be filed to construct the addition to the ocean deck.  Gerre Hooker and John Scagliarini opposed the motion.  
Motion was approved by a majority.

Continued from July 13,2010
7:45 PM SP Realty Investment Co. / Larry LeBlanc, Little Herring Pond Road, Parcel ID No. 122-010P-1022B-000.  A Notice of Intent to construct a new single family dwelling with amenities including utilities, driveway and stormwater improvements.
This project is also subject to review by Natural Heritage Endangered Species Program and MESA.
Letter from DiPrete Engineering was read into the record stating the applicant’s withdrawal of the NOI.
Gerre Hooker motioned to accept the request for withdrawal.  Approved unanimously.

8:00 PM Kapell Cranberry Inc./Jeffrey Kapell, 420 Billington Street and Watercourse Road, Parcel ID Nos. 089-000-005-010, 089-000-005-011, 089-000-004-001B, 089-000-004A-000U, 089-000-018-000.  A Notice of Intent to construct a tailwater recovery pond within an area of an existing cranberry bog.
Mark Garrett of The Garrett Group represented the applicant and explained the project for a new tailwater pond.  One issue of the project is the sand removal; another is dredging for a sump/catchment pond.  These activities are exempt agricultural activities.  One area is 411 square feet of freshwater wetland filling.
Gerre Hooker motioned to approve the project with conditions.  Approved unanimously.

8:10 PM Thomas and Barbara Somerville, 14 Marscot Way, Parcel ID No. 095-000-002-028A.  A Notice of Intent to reconstruct a retaining wall in the buffer zone of Big West Pond.
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 for a retaining wall replacement.
Gerre Hooker motioned to approve the project with conditions, pending NHESP approval.  Approved unanimously.

8:20 PM Lawrence and Margaret Delafield, 76 Morgan Road, Parcel ID No. 069-000-073-000.  A Notice of Intent to demolish and reconstruct a portion of a single family dwelling, including new foundation, porches, walkways, and garage, in the buffer zone of Long Pond.  An upgraded septic system is proposed outside of the buffer zone.
This project is also subject to review by Natural Heritage Endangered Species Program and MESA.
Mark Flaherty of FS represented the applicants.  Mr. and Mrs. Delafield were also present.
Enclosed porch, deck on 2nd floor, 2 car garage, patio, porch and small portion of the dwelling removed.  A tree maintenance plan was also requested.  They would like to open up some vistas
John Scagliarini recused himself from the hearing.  

Public Comment:
Roland Pierce, 166 Long Pond Road supported the project.  

Gerre Hooker motioned to approve the project with conditions including vista pruning and removal of dead or diseased trees.  Approved unanimously.

Other Business:

7:00 PM – Attorney John Wyman represented Judith Graham, regarding Article 36 of the Fall Annual Town Meeting - Proposed Land Exchange for Plymouth Long Beach.
Attorney Wyman explained the request for land transfer. There have been at least four (4) requests from Long Beach property owners to swap some portion of their lots due to the incorrect placement of homes at the time of their construction.  He explained that at one time there was little or no engineering or surveying done on beach lots and house were constructed where they thought their lot was.  Grahams will convey 15000 sq. feet for 18000 square feet to the Grahams.
James Aimone motioned to support the Article w/conditions.  Approved unanimously.

CERTIFICATE OF COMPLIANCE:
Gail Wheeler, 28 Nameloc Road, SE57-1091.  Gerre Hooker motioned to issue COC.  Approved unanimously.

James and Paula Banahan, 477 Ryder Way, SE57-2440.  Gerre Hooker motioned to issue COC.  Approved unanimously.
Robert Fortunato (formerly Richard Dineen, 49 Mayflower Drive, SE57-2326.  Gerre Hooker motioned to issue COC.  Approved unanimously.


EXTENSION PERMIT:
Carl Olson, 111 Sandy Beach Road, SE57-2308.  James Aimone motioned to issue 3-year extension.  Approved unanimously.
Constance Melahoures, 370 Ryder Way, SE57-2287.  James Aimone motioned to issue 3-year extension.  Approved unanimously.


ORDERS OF CONDITIONS:
Kapell Cranberry Co., SE57-2510.  Gerre Hooker motioned to approve as amended.  Approved unanimously.
Thomas and Barbara Somerville, SE57-2511.  Gerre Hooker motioned to approve as written.  Approved unanimously.
Lawrence and Margaret Delafield, SE57-2512.  John motioned to approve as amended.  Approved unanimously.


MISCELLANEOUS:
John and Patricia Duggan, SE57-2504, 36 Old Beach Road – Revised plan per Special Condition 19.
Gerre Hooker motioned to accept the revised plan revised 9-23-10.  Approved unanimously.
Letter from David McCarthy, 50 Center Hill Road, asking that the deck/cabana be allowed to remain on the coastal revetment. (Note: Violation Notice was given to remove the deck).
The Commission took no action on this letter.


The meeting adjourned at 9:30 PM


Respectfully submitted,

Michelle A. Turner
Michelle A. Turner
Administrative Secretary


Minutes Approved on: June 28, 2011