MINUTES OF THE MEETING
September 27, 2011
The Plymouth Conservation Commission held its regularly scheduled meeting on Tuesday, September 27, 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 secretary, Michelle Turner, was 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.
Administrative Business – May include topics not reasonably anticipated by the Chair 48 hours in advance of the meeting.
All materials presented during this meeting are available in the Conservation Office.
7:20 PM Paul & Patricia Landon and Stephen & Catherine Alix, 145F Taylor Avenue, `Parcel ID 045C-000-051-000. A Request for an Amended Order of Conditions for DEP File No. SE57-2216 to demolish the existing open deck and construct a new covered porch, in the resource of the coastal dune system on White Horse Beach.
Mark Flaherty of Flaherty & Stefani, Inc. represented the applicant and explained the project.
The contractor, Robert Crosby was also present. Mr. Flaherty noted that the septic was upgraded in 2006. No construction would be within any of the beach right of ways. Total change in footprint would be an additional 50 square feet.
No public comment made.
Gerre Hooker motioned to approve the Request for an Amended Order, with conditions. Motion approved unanimously.
Continued from August 9, 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 letter from Mark Flaherty of Flaherty & Stefani, Inc. dated September 26, 2011 was read into the record requesting a continuance to October 25, 2011.
Gerre Hooker motioned to accept the request and to continue the hearing to October 25, 2011, at 7:30 PM. Motion approved unanimously.
Continued from August 23, 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.
Attorney Adam Brodsky represented the applicant and gave some history of the dwelling construction including the stone revetment construction.
Mark Flaherty. PE of Flaherty & Stefani, Inc. and Stan Humphries, Coastal Geologist with LEC, were also present.
Atty. Brodsky stated that Mr. McCarthy built the new deck to replace a 5 x 8 ft. deck that previously was constructed above the seawall. He showed a photograph, however stated that the new deck (11 x 22.5 ft) was larger than the old 5 x 8 ft. deck. The applicant proposed to cut off a small section of deck and replant the area.
Stan Humphries presented the wetland resources. Coastal beach, coastal bank, land subject to coastal storm flowage (deck is outside these resources) and he described the characteristics and performance standards for each of them. Mr. Humphries also stated that the coastal bank with the stone revetment was not a source of sediment but acted as a vertical buffer to storm action.
Attorney Brodsky summarized that because the bank contained the stone seawall, in effect the deck was not constructed on the coastal bank, but rather on the stone revetment and was, therefore, not subject to Coastal Bank or buffer zone resource regulations.
Discussion ensued over the existence of a 5 x 8 deck on the revetment.
Gerre Hooker motioned to continued to October 25, 2011 at 7:40 PM in order for commissioners and staff to review/research the new information that was submitted. Approved unanimously.
7:50 PM Christopher J. & Tracy A. Parker, 163 Warren Avenue, Parcel ID No. 041-000-014-000. A Notice of Intent to construct a seasonal aluminum dock within the wetland resource of the Eel River Pond.
Mark Flaherty of Flaherty & Stefani, Inc. represented the applicant and explained the project.
No public comment.
Gerre Hooker motioned to approve the project with conditions. Approved unanimously.
7:55 PM Tidmarsh Farms, Inc., Henry Evans Schulman, President, 137 Bartlett Road, Parcel ID NO. 075-000-001C-000. A Notice of Intent for the post-facto drawdown of Beaver Dam Pond by the removal of flume boards from the main spillway of the dam impoundment. The pond will remain drawn down in preparation for a complete stream restoration project, to be filed for separately.
J. Randolph Parker of LMSI (Land Mgmt Systems, Inc) represented the applicant and explained the project. Also present was State representative, Alex Hackman of Division of Fish & Wildlife-Dept. of Fish and Game, Ecological Restoration; Gloria Davenport and Evan Schulman of Tidmarsh Farms was also present.
Mr. Parker explained that the applicant proposed to maintain the draw-down of the pond as it
relates to future restoration. This was needed to assess the site and allow the sediment to dry out, allow vegetation to come back and begin to stabilize, relieve stress on the dam structure (which is in poor condition). Within 2 years a new NOI will be filed with a full scope of work to be done.
Brooke asked if the pond was part of the agricultural use. Alex said it was at one time. The bogs will be taken out of commission and the dam will no longer be needed. Under the farms agricultural farm plan, they had the rights to the water. This filing is strictly to maintain the drawdown of the pond.
Public comment:
Cindy Higgins, 3 Edgewater Drive, concern with how the drawdown was down. Felt that there should have been some notice. Concern with the possibility of more activity around the pond.
Mr. Hackman – engineering design phase is moving forward, hiking trails, etc.
George Tucker, Bogside Drive – concern with the assurance that this project does go forward and the land is not left in this state. He asked if this was a restoration project, how can you tell what the original area looked like.
James Fotiades, 42 Acorn Trail, asked where the money was coming from. Most of the funding is grant-related.
Dan O’Leary, Davenport Road – if the pond was no longer used as agricultural purposes, do the laws changes.
Mike Carpenter, 118 Beaver Dam Road – would there be more water coming through the area and happen through happens when the water is turned back on and wants to be sure his basement is not flooded.
Gloria Davenport said there is a website that people can get information.
Robert Nassau, 40 Acorn Trail. Huge loss to the town. He purchased the house due to the pond-front. Why does there have to be a tradeoff to lose one resource to gain another.
Ken Winters, 10 Acorn Trail. Confirmed that there was an agricultural use to take the water down and whether there was a requirement for a plan to be developed sooner than a year.
Evan Schulman, USDA requires a restoration plan and they have 2 years.
Randy Parker of 81 Manomet Avenue also gave some history. March 2010 this project came before the Manomet Village Steering Committee. April 2010 MVSC supported the project.
Public Comment closed.
Gerre Hooker motioned to approve the project with conditions. Approved unanimously.
ORDERS OF CONDITIONS:
SE57-2563, Tidmarsh Farms, 137 Bartlett Road. Gerre Hooker motioned to approve as written. Approved unanimously.
SE57-2564, Christopher & Tracy Parker, 163 Warren Avenue. Gerre Hooker motioned to approve as written. Approved unanimously.
SE57-2216, Paul & Patricia Landon, 145F Taylor Avenue (Amended Order).
Gerre Hooker motioned to approve as written. Approved unanimously.
CALENDAR:
October 4 – Administrative Meeting - Public Hearings
October 11 – Public Hearings
October 25 – Public Hearings
The meeting adjourned at 9:15 PM.
Respectfully submitted,
Michelle A. Turner
Michelle A. Turner
Administrative Secretary
Approved on: November 29, 2011
| 
