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Conservation Commission Minutes January 18, 2011
Town of Plymouth
CONSERVATION COMMISSION
508-747-1620 X139

MINUTES OF THE MEETING
January 18, 2011

These minutes are not verbatim – they are the secretary’s interpretation of what took place at the meeting. – Open Meeting Law – Section III.

Board Members: Evelyn Strawn, James Aimone, David Foster, Gerre Hooker, Brooke Monroe, and John Scagliarini
Absent:  Paul Withington
Staff Members:  Elizabeth Sullivan
Recording Secretary: Eileen Hawthorne

Administrative Business:
Minutes:
November 9, 2010
Gerre Hooker moved to approve the minutes of November 9, 2010 as written; the vote was unanimous (6-0).
November 23, 2010
Gerre Hooker moved to approve the minutes of November 23, 2010 as written; the vote was unanimous (6-0).
December 7, 2010
Gerre Hooker moved to approve the minutes of December 7, 2010 as written; the vote was unanimous (6-0).
December 21, 2010
Gerre Hooker moved to approve the minutes December 21, 2010 as written; the vote was unanimous (6-0).

Certificate of Compliance
Mary Manfredi, 10 Lake Shore Ave (SE57-1954)
James Aimone moved for the Commission to issue a Certificate of Compliance for a completed septic system upgrade for Mary Manfredi, 10 Lake Shore Ave; the vote was unanimous (6-0).

Elizabeth Sullivan explained the proposed Town Meeting Article that would allow the Commission to utilize the Mullins Rule if a member is absent for a public hearing that is continued to a subsequent meeting.  The member would be able to review all materials that were presented at the beginning of the public hearing and participate in the continued public hearing.  

Evelyn Strawn announced that a water symposium is being held in the Mayflower Room on Thursday, January 20, 2011 at 7:00 p.m.
 
Public Hearings:
Estate of Gerald P. Kelleher, (c/o Mary Seaver), Saquish Beach, Parcel ID Nos. 132-000B-253-000; 132-000B-333-000; 132-000B-334-000; 132-000B-335-000.   A Notice of Intent to upgrade a septic system and install a new well, within the resources of barrier beach and coastal dune and within the buffer zone of an isolated vegetated wetland.
Evelyn Strawn read the public hearing notice and opened the public hearing.
Randy Parker, Land Management Systems Inc., representing the applicant, presented the plan to replace an existing cesspool with a 1,500 gallon septic tank with leaching chambers.  An existing well on the property will also be relocated.  The proposed septic system tank will be within 28 ft. of a bordering vegetative wetland, requiring a waiver of the 35 ft. no touch buffer zone.  The proposed septic system will be a minimum of 50 ft. from adjacent wells.  Minimal grading onsite will be necessary.  All disturbed areas will be seeded with Conservation seed mix. James Aimone asked for clarification on the location of the old well and cesspool and the location of the new well and septic.  
Mr. Parker reviewed the locations on the proposed plan.  
Elizabeth Sullivan noted that one abutter had questions regarding the location of the proposed septic system in regards to his well.  Ms. Sullivan stated that the Board of Health will have to approve the proposed plan.  
Mr. Parker explained that the Board of Health would be reviewing the plan on Wednesday, January 19, 2011.    
Public Comment:
None
The public hearing was closed.
Gerre Hooker moved to approve the proposed plan subject to all conditions as outlined in the Order of Conditions: the vote was unanimous (6-0).

Philip and Dawn Stanley , 312 Ryder Way, Parcel ID No. 037A-000-155-000.  A Notice of Intent to construct a new septic system and install a new drinking well, within the resource of a coastal dune system of Plymouth Beach.
This project is also subject to review by Natural Heritage Endangered Species Program and MESA.
Evelyn Strawn read the public hearing notice and opened the public hearing.
Mark Flaherty presented the request for a notice of intent for a new septic system and well on property located on Plymouth Long Beach, a coastal dune system.  The proposed two-bedroom, gravity bay, 1,500 gallon, septic system with leaching galleys will replace an existing cesspool.  A small portion of the proposed leaching galleys will be in the existing road layout.  The existing well which is currently on property owned by the Town of Plymouth will be relocated onto the applicant’s property as shown in the revised plans.    Mr. Flaherty noted that Natural Heritage has reviewed the plan and is supportive.  
John Scagliarini expressed his concerns with the location of the proposed septic system within the roadway where there is consistent erosion during storms.  He suggested moving it 20-30 ft. away from the roadway.
Brooke Monroe suggested moving the septic system into the driveway.
Mr. Flaherty stated that the location was designed to keep a 100 ft. setback from the abutter’s well and to address ground water issues.  
Public Comment:
Bob DiMarzo, Plymouth Long Beach, stated that the proposed well was moved at his request.  Mr. DiMarzo suggested adding large boulders to the ocean side of the road to prevent erosion.  
Mr. Scagliarini stated that the existing rocks are for vehicle control, not erosion control and additional rocks would increase the erosion rates.   He suggested requesting a variance to locate the septic system closer to the abutter’s well.  
Mr. Flaherty stated that with a variance from the Board of Health, he could relocate the proposed septic system out of the roadway.
The public hearing was closed.
Evelyn Strawn noted that Natural Heritage has submitted a letter stating that this will not adversely affect the habitat and that it is not a take.  

David Foster moved to approve the proposed plan with conditions as outlined in the Order of Conditions and the additional condition that would require submission of a revised plan showing the relocation of the leaching galleys out of the road layout by a minimum of 10 ft. and the relocation of the well with the location of the septic system is to flagged prior to installation; the vote was unanimous (6-0).  

American Legion Post #40(Philip Ryan), 199 Federal Furnace Road, Parcel ID No. 095-000-046-000. A Notice of Intent to demolish the existing building (private club) and construct a new, larger building, including deck and all utilities and amenities, drainage, parking lot, in the buffer zone of Little West Pond.
This project is also subject to review by Natural Heritage & Endangered Species Program and MESA.
Evelyn Strawn read the public hearing notice and opened the public hearing.
Notice of intent to demolish existing building and reconstruct in a new location
Mark Flaherty presented a request for a notice of intent to demolish the existing building and reconstruct a larger building.  The high water from last spring’s rain storms flooded the building.  Mr. Flaherty stated that one option would be to demolish the existing building and rebuild a new building on pilings in the same location.  The preferred alternative is to move the building 80 ft. into the parking lot.  The new location of the building is subject to approval by the Conservation Commission as it is within the 35 ft. buffer of a vegetative wetland.  Installation of drainage under the stormwater guidelines is proposed in the reconfigured parking lot and will meet the 100 year storm criteria.  An environmental boom and turbidity curtain will be installed around the rear of the existing building during demolition to prevent debris from entering the pond.  Loam and seeding will be installed in the area of the existing building once it has been demolished.  The American Legion has been working with abutting neighbors and a neighborhood association to address their concerns.  A vegetative buffer of native plantings is proposed as screening for the abutting neighbor on Federal Furnace Road and will be within 25 ft. of the vegetative wetland.   The proposed plantings will have minimal impact on the existing wetland.    Natural Heritage has reviewed the proposal and signed off on the project.  Mr. Flaherty felt that the proposed plan is a vast improvement over the existing conditions.
Evelyn Strawn agreed that the proposed plan is a vast improvement over the existing conditions. James Aimone asked if there was anything in the existing building or any gas or oil tanks that will need to be moved.  
Phil Ryan, representing the American Legion, stated that the oil tank that was on the north side of the building has already been removed.  
David Foster asked what the elevation of the floodwaters was at its highest level.  
Mr. Flaherty stated that the water was at elevation 87 ft. which flooded the building with approximately 6 inches of water.  The existing building is not in a flood zone, but two 50 year storms created the flooding conditions.   
John Scagliarini stated that the proposed project would be an improvement and will control stormwater runoff.  He asked why the additional planting is proposed.  
Mr. Flaherty replied that the additional plantings are proposed as mitigation for neighbors as screening and to buffer noise.  
Public Comment:
John Hedge, 245 Federal Furnace Road, suggested that plants be installed along the pond area where the building will be removed.   
Evelyn Strawn stated that the Conservation Commission requires a 35 ft. buffer from the pond and that any plantings would be natural.  Mr. Flaherty has stated that the area will be loamed and seeded.  
Mr. Foster suggested that trees and plantings could be installed to break up the expanse along the pond.  
Brooke Monroe agreed that similar plantings to the front and side landscaping could be brought around the rear of the building.   
Alan Zanotti, 22 Goodwin Road, asked whether the septic system would be sized to handle the sewerage capacity of the larger size of the proposed building, whether the parking lot drainage included an oil separator, and whether there is asbestos in the building.
Ms. Strawn stated that the septic system is under the purview of the Board of Health.
Mr. Flaherty stated that an oil separator is proposed within the parking lot and the Legion will provide certification from professionals as to whether there is asbestos in the existing building.  
Public Comment was closed.  
Gerre Hooker moved to approve the proposed plan with conditions as outlined in the Order of Conditions and the additional condition that would require a landscape architect to return with revised plans for any planting within the 35 ft. buffer zone; the vote was unanimous (6-0).    

Gerre Hooker moved to adjourn at 8:45 pm; the vote was unanimous (6-0).

Respectfully Submitted,

Eileen Hawthorne
Eileen Hawthorne
Administrative Assistant

Approved on: February 15, 2011