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Conservation Commission Minutes November 15, 2011
MINUTES OF THE MEETING
November 15, 2011

The Plymouth Conservation Commission held its regularly scheduled meeting on Tuesday, November 15, 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, John Scagliarini and Paul Withington.  The Conservation Planner, Elizabeth Sullivan and the secretary, Michelle Turner, were also present.
Brooke Monroe 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 for review in the Conservation Office.

Administrative Business – May include topics not reasonably anticipated by the Chair 48 hours in advance of the meeting.

7:30 P.M.       Public Hearing Begin

7:30 PM George R. & Eileen C. Diggle, 21 Sunset Avenue, Parcel ID No. 048-000-038A-000.  A Notice of Intent to remove a damaged concrete foundation wall of the existing dwelling and replace with wood-framed wall; including removal and reconstruction of the concrete stairs, within the buffer zone of Fresh Pond.
Mark Flaherty of Flaherty & Stefani, Inc., represented the applicant and explained the project.  Back section of the house was a porch that was added onto, no footings existed.  Appears large amount of fill was added. There is a drop of 6-8 feet from the house to the pond..  Reframe concrete wall to wood frame wall.  
The project architect was present and he explained the construction details.  Helical screws (footings) would be drilled, house will be raised and the footings will go in.
No public comment made.
John Scagliarini motioned to approve with conditions. Approved unanimously.

7:40 PM Ersland Family Trust Agreement, Richard D. & Lori M. Ersland, Trustees, 217 West Long Pond Road, Parcel ID No. 066-000-004-003.  A Notice of Intent to replace a damaged foundation on an existing cottage within the inland bank of Long Pond.
This project is also subject to review by Natural Heritage Endangered Species Program and MESA.
J. Randolph Parker of LMSI (Land Mgmt Systems, Inc) represented the applicant.  Water has been higher than in the past.  A concrete wall and six concrete footings will be placed.  No other changes are proposed at this time.  
Liz Sullivan asked for confirmation that construction would be 2 feet above the base flood.  Mr. Parker confirmed that it would be and an Elevation Certificate could be requested in the Order.
John Scagliarini asked about the possibility of moved the cottage farther back from the pond. Mr. Parker said there was no discussion of a move at this time.

Public Comment:
Letter from DFW read into the record  - stating there should be no adverse affect
Meg Harding of 155 West Long Pond Road.  Confirmed house was moved when state boat ramp came in. and asked if there would be a restriction for red belly turtle nesting.  Noted that it was not in the DFW letter that there would be a time restriction for work.
Public comment was closed.
Dave Foster suggested a silt boom might be needed.
John Scagliarini motioned to approve with conditions.  Approved unanimously.

7:50 PM Paul A. & Kathy-Anne Healy, 201 Manomet Avenue, Parcel ID No. 046-000H-011B-000. A Notice of Intent for the placement of 2-3 ton stone, cobble, sand and gravel in order to control erosion on a coastal bank.   Project also involves removal of section of wooden stairs and replacement of flat-set boulders on a coastal bank.

8:00 PM 207 Manomet Avenue Realty Trust, Kathleen F. & Matthew J. Kenney, Trustees, 207 Manomet Avenue, Parcel ID No. 046-000H-011A-000. A Notice of Intent to continue the construction of a coastal stone revetment on a coastal bank

J. Randolph Parker of LMSI (Land Mgmt Systems, Inc) represented the applicant for both the Healy and the 207 Manomet Avenue RT Trust.  He explained the project. Homeowners Kathleen Kenney and Kathy-Anne Healy were present.  A representative from Churchill’s Landing was also present.
Randy showed aerial of Manomet Point and described the various walls constructed.  Currently the Kenney’s have a partial revetment wall that was constructed 30 feet from the property line.  Mr. Parker showed the erosion line of the Healy property toe of bank.  Material in the bank is heavy loam, indicating it is not a significant sediment supply to the beach.  Mr. Parker stated that this rubble mound is also needed to protect the next dwelling south of Healy (Lothrop) and noted that Lothrop’s dwelling was constructed prior to 1978.  Mr. Parker believed this project to be similar to Desloge on Shore Drive.  However, unlike the Desloge project, there will be some excavation occurring at the toe to create a footing for the rubble mound.
Randy Parker was concerned that vegetation on the bank would be lost (slide) if the toe was not supported.
Gerre Hooker asked for measurements from the dwellings to the top of the bank.  No soft measures have been used.  The access will be almost ¾ of a mile and the constructor would dismantle 8 groins
Discussion ensued over the state regulation for coastal seawall construction.  Commission did  not believe dwelling were in danger at this time and supported softer measures.

Kathleen Kenney said they have spent on average of $15-$20K each time they have revegetated and placed fill and have done it at least 3 times since they purchased the property.  
Paul Withington believed that the adjacent mortared wall is much of the cause to their bank. Mr. Parker agreed that this might be one of the many causes.

Virginia Johnson, 50 Old Beach Road, representing the Churchills Landing, would like to see the existing jetties dismantled permanently.  No discussion on this.
Bob Johnson supported the project and asked who would supervise the project.
Consensus seemed to be in the negative and therefore, Mr. Parker asked for a continuance to explore other possibilities.  
Jaime Aimone suggested a softer plan.
Gerre Hooker motioned to continue to January 3, 2012 at 7:30 PM.  Approved unanimously.

8:10 PM Entergy Nuclear Operations, 600 Rocky Hill Road, Parcel ID No. 044-000-001B-000.  A Request to Amend the Order of Conditions for DEP File No. SE57-2450, to increase the permitted volume of maintenance dredging an additional 11,000 cubic yards.
Eric Las of Beals & Thomas and Scheffer of Entergy represented the applicant.  All permits are in hand.  A pre-dredge and bathymetric survey was completed in September.  Additional 110 cy of sand is present.  Bottom contours have changed indicating that more volume of sand will be removed.  All approvals are in hand, project change has been submitted to MEPA and 401 water quality.
No public comment.
Letter from Division of Fish & Wildlife read into the record – no change in their original determination.
John Scagliarini motioned to approve the Request for an Amended OOC.  Approved unanimously.

Other Business

CERTIFICATE OF COMPLIANCE:
• Harold Donovan, 17 Bayberry Road, SE57-1610.  Gerre Hooker motioned to issue COC.  Approved unanimously.

• William Pane, 186 Warren Avenue, SE57-1726    No action taken on this COC request.
(no work ever commenced under this OOC – and new OOC has been issued)

• William Pane, 188 Warren Avenue, SE57-1727 – No action taken on this COC request.
(no work ever commenced under this OOC – and new OOC has been issued)


ORDERS OF CONDITIONS:
• David McCarthy, 50 Center Hill Road, SE57-2554.  James Aimone motioned to approve as written.  Approved unanimously.

• George and Eileen Diggle, 21 Sunset Avenue, SE57-2570.  John Scagliarini motioned to approve as amended.  Approved unanimously.

• Ersland Family Trust, 217 West Long Pond Road, SE57-2572.  John Scagliarini motioned to approve as amended.  Approved unanimously.

• Paul and Kathy Healy, 201 Manomet Avenue, SE57-2568.  No action at this time.

• 207 Manomet Avenue RT, 207 Manomet Avenue, SE57-2567.  No action at this time.

• Entergy Nuclear Operations, 600 Rocky Hill Road, SE57-2450


CALENDAR:
November 29 – Public Hearings
December 13 – Public Hearings


The meeting adjourned at 9 PM.

Respectfully submitted,

Michelle A. Turner
Michelle A. Turner
Administrative Secretary


Approved on: November 29, 2011