TOWN OF PLYMOUTH
CONSERVATION COMMISSION
508-747-1620 x139
MINUTES OF THE MEETING
May 10, 2011
The Plymouth Conservation Commission held its regularly scheduled meeting on Tuesday, May 10, 2011 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, David Foster, and Paul Withington. The Conservation Planner, Elizabeth Sullivan and the recording secretary, Eileen Hawthorne was also present.
These minutes are not verbatim – they are the secretary’s interpretation of what took place at the meeting. – Open Meeting Law, G.L. c. 30A § 22.
Continued from March 29, 2011
7:30 PM Eight Mates Realty Trust, Maureen Sheehan, Trustee, 308 Rocky Pond Road Parcel ID Nos. 092-000-018-000; 092-000-019-000; 092-000-020-000. A Notice of Intent to construct an addition to the existing dwelling with associated driveway, grading in the buffer zone of Bordering Vegetated Wetlands of Powder Horn Pond and septic system proposed outside of the buffer zone.
This project is also subject to review by Natural Heritage Endangered Species Program and MESA.
Steven Kotowski of Webby Engineering represented the applicant and presented the revised plans, addition was scaled back, respecting the 35 ft. no- touch buffer, moved addition and screen porch between 35 and 50 ft buffer on sonar tubes – remaining portion of addition beyond 50 ft buffer. Siltation barrier will be in place for all work.
Shawn Dahlen, the builder agreed there was a way to make the addition work with respect to the Bylaw. The Commission thanked the applicants.
John Scagliarini motioned to approve the project with conditions. Approved unanimously.
7:40 PM Joseph Brennan, 5 Clifford Road, Parcel ID No. 041-000-016B-003. A Notice of Intent to construct a seasonal dock and walkway within buffer zone of the wetland resources of Eel River Pond.
Mark Flaherty of Flaherty & Stefani, represented the applicant and presented the previous request to construct a house and walkway to a seasonal dock – no easement over abutting property – asking for a second dock on eel river pond with a 4 ft. walking path –
James Aimone confirmed that each lot would have separate pathway and dock. Mark Flaherty confirmed this.
Brooke Monroe asked if a dock could be shared
Joe Brennan, one of the property owners said due to title and resale value, he preferred separate docks.
Staff, Elizabeth Sullivan asked about the area to be cleared for the pathways.
Mark Flaherty showed a plan revised for the walkway of the previous dock.
Discussion ensued over sharing a dock.
James Aimone asked about sharing one pathway for each dock.
Discussion continued over one path and 2 docks.
James Aimone motioned to approve the dock as proposed but to allow only one pathway to be shared between the two property owners Paul Withington abstained. The motion was approved by a majority.
7:50 PM Billington Sea Association, Mike Leary, President, Billington Sea. A Notice of Intent for maintenance of Billington Sea to control non-native and invasive aquatic vegetation for the preservation of suitable fish and wildlife habitat.
Resident Michael Leary, represented the associated. Mike has been conducted the water quality surveys of Billington Sea for many years. He reported that Aquatic Control Technology completed their assessment of the pond. There are invasive weeds that need to be contained.
The chemical to be used is SONAR and kills weeds at a slower rate to avoid oxygen problems and doesn’t affect water supply. Mr. Leary further reported that eight years ago algae blooms were a problem in Billington Sea and together they worked with bog owners to hold back nitrogen loading, septic systems have been upgraded and the water quality has improved. The Association members have raised funds as well as Town Meeting’s appropriation.
Keith Gazelle of Aquatic Control Technology explained how they will sequester the west cove and treat that area.
All best management practices will be in place for chemical application.
Gerre Hooker motioned to approve the project with conditions. Approved unanimously.
Continued from April 19, 2011
8:00 PM Michael Vogel, 14 Winter Street, Parcel ID No. 023-000-005B-000. A Notice of Intent to extend the existing stone rip-rap revetment on an eroding coastal bank including a stairway; construct a patio and deck, landscape improvements including replacement of retaining walls, in the buffer zone of the top of the coastal bank.
Richard Tabazinski, of Atlantic Design Engineers represented the applicant. Michael Vogel was also present.
Updated information has been received since the last hearing.
Staff Elizabeth Sullivan noted the revision to staff report. Original Building file for this dwelling construction showed the zoning filed for in 1978 and showed a letter from Malcolm MacGregor, chair of Conservation Commission in July 1978 issuing a non-significance for the house construction Staff further noted the bank is not a source of sediment and a hard structure is allowed. They are replacing a wooden retaining wall with rock, the top of the revetment is in the same place as the vertical wall placement (as previously approved) and where the stones would start.
Mr. Tabazinski said that the new wall would not be any closer to the beach. Rocks will be rough face with chink stones, slope is 5 feet,
Discussion ensued.
Public Comment:
John Shaw northerly abutter, concern with the wall too close to his property line. It was noted that wall will need to be brought in 30 feet unless the owner gave permission to go to the line. Mr. Shaw submitted a letter outlining a potential contract between him and Mr. Vogel in regard to the location of the wall and new footings for Mr. Shaw’s boathouse. It was explained that this agreement is not something the Commission would be involved in.
Maggie Tavares, 7 Winter Street, asked how far down to lay the toe stones.
Mr. Tabazinski said they would go 2-3 ft below the surface to make it stable and structurally sound
Public comment closed.
Gerre Hooker motioned to approve the project with conditions. Approved unanimously.
8:15 PM Dolores J. Ouimet, Trust, 151G Taylor Avenue, Parcel ID No. 045C-000-003-000. A Notice of Intent to enlarge an existing deck within the resource s of the coastal beach and coastal dune of White Horse Beach and within the riverfront area of Bartlett Brook.
Chris Renfree designer, Randy Parker of Land Management, Bob Crosby contractor and homeowner, Dolores Ouimet were all present.
Mr. Parker began the presentation stating that this was a request for an additional 99 square feet of open deck, located above the base flood elevation , on concrete piers
Mr. Renfree gave details on the footings: total of 5, won’t interfere with migration of sand and water – lowest member at 17.3’ and base flood is at 14’
Staff Elizabeth Sullivan is charged with flood management plans. This is a repetitive flood loss area and improvements are discouraged.. This will all meet building requirements for flood zone.
Discussion ensued over the building materials to be used and general building in flood zones.
Staff said that the Building Director controls regulation of building requirements in flood zones.
David Foster motioned to approve the project with conditions. Approved unanimously.
Other Business:
FIELD CHANGE REQUESTS:
231 Taylor Avenue Realty Trust, SE57-2446. Proposed changes to landscaping plan.
John Scagliarini motioned to approve a walkway consisting of stepping stones and landscaping within 25 ft. buffer; the vote was unanimous
CERTIFICATE OF COMPLIANCE:
Christopher Cozzens, 189 Bettencourt Road, SE57-1620, Gerre Hooker moved to approve COC. Approved unanimously.
Donna Donovan, 17 Bayberry Road, SE57-1785, Gerre Hooker moved to approve COC noting that a seawall was never constructed. Approved unanimously.
EXTENSION PERMITS:
Gladstone Corporation (now known as Lighthouse Point LLC), SE57-1818. It was noted that the state enacted Permit Extension Act allows 2 additional years onto the life of the permit.
John Scagliarini motioned to confirm the Permit Extension Act for this project and issue an extension. Approved unanimously.
MISCELLANEOUS:
Evelyn Strawn – Gave the Commission an update on a Friends of Open Space meeting. Meeting focused on ways to protect Conservation land. Police were included. Discussion on off-road/highway vehicles. Discussed fund raising by a committee to buy one OHV for the Police Department. Also was noted that 2 people have already informed the police that would make substantial donations.
Check points to be set up and police need to be visible.
John Scagliarini asked if specific area would be patrolled.
There is no place for people to legally ride – except on private property with owner’s permission – need to give people alternative. The meeting also discussed an interest in coming up with legal alternative location in order to protect conservation land.
The commission discussed riding along the power lines.
End of discussion.
Gerre Hooker noted that long time friend, Plymouth resident and active volunteer, Ann Skelly passed away recently.
ORDERS OF CONDITIONS:
Eight Mates Realty Trust, 308 Rocky Pond Road, SE57-2540. Approved as written..
Dolores J. Ouimet, Trust, 151G Taylor Avenue, SE57-2546. Approved as written.
Michael Vogel, 14 Winter Street, SE57-2542/ Approved as written.
Joseph Brennan, 5 Clifford Road, SE57-2544. Approved as amended.
Billington Sea Association, Billington Sea, SE57-2543. Approved as amended.
CALENDAR:
May 24, 2011 – Public Hearings
The meeting adjourned at 9:15 PM.
Respectfully submitted,
Michelle Turner
Administrative Assistant
(noted that minutes were taken by Eileen Hawthorne and typed by Michelle Turner)
Approved on: June 28, 2011
All materials are available for review in the Conservation Office.
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