TOWN OF PLYMOUTH
CONSERVATION COMMISSION
508-747-1620 x139
MINUTES OF THE MEETING
March 1, 2011
The Plymouth Conservation Commission held its regularly scheduled meeting on Tuesday, 2010 at the Plymouth Town Hall, 11 Lincoln Street, Plymouth, MA 02360. Present were Evelyn Strawn, Chairperson, Gerre Hooker, Vice-Chairman and Commissioners Brooke Monroe. John Scagliarini and Paul Withington. The Conservation Planner, Elizabeth Sullivan and the secretary, Michelle Turner, were also present.
James Aimone and David Foster were not present.
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
7:30 PM One Hillside Estates, LLC, 17 Whispering Pines Drive, Plat 73 / Lot 15-4.
A Request for Determination of Applicability to construct a single family dwelling including amenities and utilities, in the buffer zone of an Isolated Vegetated Wetland of Shallow Pond.
Brad Bertolo of JC Engineering represented the applicant and explained the project. Haybale line to be placed at the top of the slope. Brad noted the subdivision approval through the planning board required larger buffer zones of undisturbed areas.
John Scagliarini motioned to issue a negative determination. Approved unanimously.
7:40 PM Joseph Brennan, 5 Clifford Road, Parcel ID Nos. 041-000-016B-003 and 041-000-016B-002. A Notice of Intent to construct a single family dwelling including amenities and utilities in the buffer zone and to construct a shed and seasonal dock within the wetland resource of the Eel River Pond.
Mark Flaherty of Flaherty & Stefani, Inc. represented the applicant and explained the project.
Addressed definition of why this is a pond and not a river and because of the impoundment
No public comment was made.
Representative from Plimoth Plantation was in attendance to listen to the proposal.
Gerre Hooker motioned to continue to March 15, 2011 at 7:20 PM, in order to accept more information on the discussion regarding pond vs. a river. The applicant agreed to a continuance. The motion was approved unanimously.
7:50 PM Absolute Building Consultants, Michael Mulligan, Long Duck Pond Road, Parcel ID No. 122-010P-1334-000. A Notice of Intent to construct a single family dwelling including amenities and utilities, in the buffer zone of wetland resources of Long Duck Pond.
Mark Flaherty of Flaherty & Stefani, Inc. represented the applicant and represented the applicant. No work proposed in the 35 ft. area. Rain garden is proposed and driveway and all runoff will pitch to this area.
No public comment.
Gerre Hooker motioned to approve subject to conditions. Approved unanimously.
8:00 PM Arthur F. Genova, 17 Smaland Lane, Parcel ID No. 056-000-072-018. A Notice of Intent to incorporate a Beach Management Plan* in order to maintain existing beach area on Island Pond and to acknowledge the seasonal dock (under the Plymouth Bylaw only) in the resource of Island Pond.
*Full text on file in the Conservation office.
Mr. Genova represented himself and explained the beach management plan and ongoing routine maintenance.
He gave some history of the site and the past seasonal dock permit process, the pending law suit between him and the Association. He noted that the beach management plan was submitted at the urging of Conservation staff.
Evelyn Strawn stated her displeasure with the rock wall jetty construction and she would like the jetty removed. She would not like to see further pavement on the site. Mr. Genova stated that he would the jetty if required to do so.
John Scagliarini supported the plan, but did not support the newer jetty construction.
Public Comment
Attorney Lee Alfieri represented the Smaland Beach Association (SBA). He was confused with the plan that showed 3 docks. The plan was simply overlaid to show the different locations of the one proposed dock.
He stated that he believed he wanted the Commission to authorize post-facto a wall that disrupts the SBA land and would like the Commission to deny the new wall. Atty. Alfieri gave some past history of Mr. Genova doing work without a permit. He found Mr. Genova’s plan to be illegible.
Discussion was confusing as Mr. Alfieri was bringing up old work which was not part of the public hearing discussion.
Several old photos were shown of the original wall (prior to Mr. Genova dismantling the wall) and the area where the Association was able to step off of the wall and step onto their dock. He submitted photos that he believed showed the accumulated erosion in this area.
The Association would like to see the shoreline re-established due to the amount of erosion that has occurred since Mr. Genova took out the old wall.
Ms. Strawn repeated her request to Chair repeated that she would like the he would
Steve Cornell, 14 Smaland Lane , not a member of the Association. Stated that there has been significant rock movement over the years. He asked where the rocks would go if the jetty was dismantled and how much restoration would be required. Maintain the enjoyment and tranquility of the pond. There is a shed on the property that contains gasoline.
Mr. Genova said rocks can be trucked away. The gasoline tanks could be stored in another area and some restoration would be amenable. Mr. Genova noted that the rocks were removed from the pond.
Gail Cornell, 14 Smaland Lane, hopes for a peaceful resolution to the problem, that boats could come on both sides of each dock.
Patricia Genova said that the reason that the wall was built was because they were that the
Adam Bossi, parents own property at 5 Smaland Lane and he works in the Conservation field.
He handed out a letter to each member. He believed the plans to be deficient. Much work has been done in the buffer zone, in the resource, in the BVW. He
Kim Lowe, 3 Swift Avenue, concern with no rocks on the opposite side of the boat ramp and the unsafe area.
Marla DiRico, Middleboro MA, concern with lack of wildlife (fish) in the pond because of the rock construction.
Richard Trischetta, 167 Little Sandy Pond Road, concern with location of the dock.
Randy Parker of LMSI. Did some surveying of the site. Supported removal of the jetty from the pond. He asked for 15 feet placement between each dock.
Mr. Genova asked the association to move their dock off his property and onto their own property.
Public comment closed.
John Scagliarini motioned to approve the project with conditions. Approved unanimously.
Other Business:
ACTION ITEMS:
Sign the Acceptance Deeds for two gifts of land, off Mountain Hill Road, parcel ID’s 060-000-006-004 and 064-000-016-000. These parcels were part of an agreement in a Planning Board decision for Transfer of Development Rights (TDR) for Camp Child Settlement subdivision and Twilight Hills subdivision.
Gerre Hooker motioned to accept the deeds. Approved unanimously.
ORDERS OF CONDITIONS:
•Absolute Building Consultants, SE57-2535. Gerre Hooker motioned to approve as written. Approved unanimously.
•Joseph Brennan, SE57-2534. No action taken.
•Arthur Genova, 17 Smaland Lane, SE57-2536. John Scagliarini motioned to approve as amended. Approved unanimously.
CERTIFICATESOF COMPLIANCE:
SE57-994 Arnold Ariansen, 9 Bayberry Road
Note: Seawall built in 1992 – appears not to be built in compliance. Inspected by Land Management and their report will be attached to this COC.
Gerre Hooker motioned issue the COC. John Scagliarini opposed the motion. The motion was approved by a majority. .4 in favor, 1 opposed
The Meeting Calendar was reviewed:
March 15 – Public Hearings
March 29 – Public Hearings
The meeting adjourned at 9:30 PM.
Respectfully submitted,
Michelle A. Turner
Michelle A. Turner
Administrative Secretary
Approved on: December 13, 2011
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