MINUTES OF THE MEETING
November 1, 2011
The Plymouth Conservation Commission held its regularly scheduled meeting on Tuesday, November 1, 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 and Paul Withington. The Conservation Planner, Elizabeth Sullivan and the secretary, Michelle Turner, were also present.
John Scagliarini was absent.
Disclosure: 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.
All materials presented during this meeting are available in the Conservation Office.
Administrative Business – May include topics not reasonably anticipated by the Chair 48 hours in advance of the meeting.
Continued from September 27, 2011
7:30 PM Provincetown View Road LLC, Caroline Fritz, 129 Manomet Avenue, Parcel ID No. 048-049-389-000. A Notice of Intent to demolish the existing single family dwelling and construct a new single family dwelling, with two additions and porches, in the buffer zone of the top of a coastal bank. Applicant also requests a waiver under the Plymouth Wetland Bylaw for construction within the 50 ft. no-build zone and for site work within the 35 ft. no-touch zone.
A motion was made by Gerre Hooker to accept the letter from Mark Flaherty of Flaherty & Stefani requesting a continuance to December 13. Approved unanimously.
Continued from September 27, 2011
7:40 PM David M. & Elizabeth H. McCarthy, 50 Center Hill Road, Parcel ID No. 050-000-024-003. A Notice of Intent for the post-facto construction of a deck with roof overhang and a stoop/deck with steps, within the resource of a coastal bank.
Present was Atty. Adam Brodsky, attorney, homeowner David McCarthy, Mark Flaherty of Flaherty & Stefani, Stan Humphries, LEC.
E. Strawn asked the applicant if they were not supportive of going forward with a consultant review in order to obtain advice regarding statements made by the applicant’s rep. at the previous hearing regarding this project not being subject to coastal bank regulations (since the bank was armored, the stair footings were on the stones and not the bank). Atty. Brodsky said his customer was not opposed to an outside review but there was additional material first that they wished to present at this hearing.
Letters were submitted on October 24, 2011 and October 25, 2011 from Atty. Brodsky and Stanley Humphries, respectively. Atty. Brodsky noted that photos show that at minimum a 5 x 7 deck/landing existed. He also showed varies photos were larger coastal bank decks were previously permitted.
Mr. Brodsky also said that what is proposed is grandfathered and not subject to new regulations or a Waiver would be requested. He further noted that he did not think a review was necessary in this instance, but they would consider a coastal geologist at a fee that could be reasonably agreed to.
Discussion ensued over what a consultant review would be used for.
Mr. McCarthy wanted to understand what the Commission was so concerned with. Ms. Sullivan noted that the concerns are outlines in the Enforcement Order. Discussion ensued over the appeal process of the EO. Staff recommended that procedurally, the Commission should deny the request before them.
The Commission noted that they no longer permit structures on a coastal bank. Their rep. argued that the deck is not on a coastal bank and they believe that they meet the performance standards.
No additional public comment was made.
Discussion continued over Mr. McCarthy arguing what the concern was. He said that since the permitted portico was not build on his dwelling, he saw no reason why he could not build the deck on the bank.
All public discussion ended.
Gerre Hooker made a motion to approve and withdrew her motion.
Brooke Monroe would like to see an outside consultant coastal geologist review.
Mr. Aimone asked if Mr. Humphries has ever used the theory (that construction on an armored bank is not subject to coastal bank regulations). Mr. Humphries said that it is unique here.
Discussion ensued amongst commissioners and staff over safety issues, building codes, what was the original size, etc.
David Foster said he would make a motion to allow something close to what previously existed.
Gerre Hooker said she would support a 5 x 7 landing deck with all standard stairway conditions.
David Foster motioned to allow a 5 x 7 deck. Opposed Brooke Monroe, James Aimone, Evelyn Strawn. The motion did not carry.
Gerre Hooker motioned to close the public hearing and render a decision within 21 days.
Motion approved unanimously.
Atty. Brodsky asked if the Commission would deliberate that evening and the chairwoman stated that was possible after the final hearing of the evening.
7:50 PM Joseph Desloge, 102 Shore Drive, Parcel ID No. 050-001-050A-000. A Notice of Intent for the placement of approx. 75 linear feet of erosion control rubble mound of 1 to 4-ton boulders and repair of existing coastal stairway, in the resource of a coastal bank. Applicant also requests a waiver under the Plymouth Wetland Bylaw for construction of a stockade fence within the 35 ft. no-touch zone.
J. Randolph Parker of Land Management Systems represented the applicant and described the project.
Mr. Parker said that either side of this property there is mounded boulder or stones, including gabions and this has concentrated waive energy onto Mr. Desloge’s toe of bank. They propose to do the same, no excavation is proposed. It is a stone, cobble, boulder beach with a 2:1 or flatter slope. One to 4 ton stone to be brought in with a front end loader and excavator. Material will be dumped at base of bluff. Bank is not a source of sediment, it is not a sandy bank, hard pan glacial till. 50 ft. of nourishment is proposed. Use of a right of way at Ocean Aire is proposed to be used and permission following all of the association rules. Mr. Parker noted that this dwelling was constructed after 1978.
Evelyn Strawn asked about the term “rubble mound”. Mr. Parker said that DEP representatives, Jim Mahala and Greg DeCesare, have used this term while onsite at other properties and he explained the difference between homogenous fill is a use of 25 percent sand. This material will stay in place longer.
Boulders or removable stairs will be put in place.
Noted that an 8 ½ x 12 ft. deck exists at the top of the bank.
Discussion on the stockade fence – the existing chain link fence will be removed and the new fence will tie to the existing shed. The fencing will go 23 feet into the 35 ft. zone and a waiver is sought. Dwelling is 40-45 feet to top of the bank.
Public Comment:
Letter from Cheryl Thompson Cox dated Oct. 21, 2011 read into the record.
Mike Kelley, 31 Shore Drve., Pres. Oceanaire Association. Concern with access and how long for work from start to finish. Work should take not more than 3 weeks. Tides and weather will be a factor.
David Foster motioned to approve with conditions and approve of waiver request for fence construction. Approved unanimously.
8:00 PM Paul P. Ravinski, et ux, 68 and 72 Bay Shore Drive, Parcel ID Nos. 043-000A-162-000; 043-000A-163-000. A Notice of Intent to discontinue the existing drainage system and redirect pipes to a new deep sump manhole and leaching catch basin system; install 2-4 ton boulders along bank toe, fill and vegetate. Work also includes construction of a temporary access way on the coastal bank. All work is in the buffer zone and resource of the coastal bank. Complete project narrative is available in the Conservation Office.
J. Randolph Parker of LMSI represented the applicant and explained the project. There are at least 3 pipes that lead drainage from the lot out over the coastal bank. They will discontinue use of the pipes. Leaching basins will be installed.
Borings may need to be made Material will not get dumped over the bank and kill the growing vegetation. Reason for the construction shelf is to save the fill and the small amount of vegetation
Waiver was asked for work within 35 feet from top of bank.
David Foster asked if Randy would be onsite to oversee most of the work and Randy said that he would be available. The goal of this project is to return the bank to a vegetated coastal bank with no point source discharges.
Gerre Hooker asked for a condition for leaching basin maintenance on a regular basis. Mr. Parker agreed.
Discussion ensued over the existing vegetation that is trying to be protected. Mr. Parker said that the shelf construction is to save the vegetation.
Public Comment:
Lewis Grabhorn, 75 Bay Shore Drive, asked about the amount of fill needed. Randy stated that, in realty, the bank needed approximately 20,000 yards , but in realty, Mr. Parker said that as much as can be afforded.
He was also concerned with the construction vehicles on Bay Shore Drive, the grading, the manholes on the street filling with sand, etc. This work is outside of the 100 ft. buffer zone.
Public comment was closed.
Gerre Hooker motioned to approve with conditions. Approved unanimously.
Other Business:
ORDERS OF CONDITIONS:
David McCarthy, 50 Center HillRoad, SE57-2554. No action taken.
Joseph Desloge, 102 Shore Drive, SE57-2566
Paul Ravinski, 68 Bay Shore Drive, SE57-2569
CERTIFICATE OF COMPLIANCE:
Bruce Dobratz, 34 Rabbit Pond Road, SE57-445. Gerre Hooker motioned to issue a COC. Approved unanimously.
Manomet Realty Trust, 31 Provincetown View Road, SE57-2485. Gerre Hooker motioned to issue COC. Approved unanimously.
Robert Mullaney, 166 Black Cat Road, SE57- 1242. Gerre Hooker motioned to issue a COC. Approved unanimously.
Great Island Comm., White Trellis, SE57-2314. Gerre Hooker motioned to issue a COC. Approved unanimously.
EXTENSION PERMITS
Paul Landon, et al (now Steven & Penny York), 145F Taylor Avenue, SE57-2216. Gerre Hooker motioned to issue a 3-year extension. Approved unanimously.
MINUTES:
October 4, 2011. Discussion ensued to include additional notes regarding the discussion related to the public hearing on the100 ft. abutter notification. Gerre Hooker motioned to approve the minutes as amended. Approved unanimously.
October 11, 2011. Gerre Hooker motioned to approve the minutes as written. Approved unanimously.
CALENDAR:
November 15 – Public Hearings
November 29 – Public Hearings
December 13 – Public Hearings
The meeting adjourned at 10:25 PM
Respectfully submitted,
Michelle A. Turner
Michelle A. Turner
Administrative Secretary
Approved on November 29, 2011
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