TOWN OF PLYMOUTH
CONSERVATION COMMISSION
508-747-1620 x139
MINUTES OF THE MEETING
December 13, 2011
The Plymouth Conservation Commission held its regularly scheduled meeting on Tuesday, December 13, 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, Brooke Monroe and Paul Withington. The Conservation Planner, Elizabeth Sullivan and the secretary, Michelle Turner, were also present.
David Foster and John Scagliarini were 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 November 1, 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 was read into the record from Mark Flaherty of Flaherty & Stefani, Inc. requesting a continuance until January 24, 2012.
No Public Comment
Gerre Hooker motioned to continue the hearing to January 24, 2012 at 7:30 PM. Approved unanimously.
7:35 PM Sam Boutin, 163 Bay Shore Drive; 232 Rocky Hill Road and 167 Bay Shore Drive; Parcel ID Nos. 043-000B-056-000Z (Nos. 163), 043-000B-067-000 (No. 232) 043-000B-057-000 (No. 167). A Request for Determination of Applicability to confirm certification of a vernal pool on Parcel ID 043-000B-057-000 and a further request to void an approved Order of Conditions (DEP SE57-2455) issued against 163 Bay Shore Drive/232 Rocky Hill Road.
Steve Ivas and Ivas Environmental represented the applicant. The homeowner, Sue Boutin was also present.
The Commission’s consultant, Lenore White of Wetland Strategies was also present.
The chairwoman, Evelyn Strawn began with an explanation that the Request was outside of
the purview of the Conservation Commission. Time periods had elapsed to appeal the original Order of Conditions and the Commission, at this point, would not take in new information and further void an approved and issued Order.
Mr. Ivas believed he had information that was not considered at the original hearing and asked to be able to make his point. The Chair allowed the discussion to continue.
Mr. Ivas had four points he wanted to make regarding the Unvegetated Wetlands Resource Area under the local wetlands.
He defined an inland pond, as noted in the regulations.
He defined Unvegetated wetland resource area, as noted in the regulations, which he felt was not addressed in the original hearing. He noted the Bylaw, Section 3, page 4 (Unvegetated Wetland Resource Areas) definition.
He noted Commission’s jurisdiction under these resources.
He submitted a graphic of the subject property showing the wetland he called the west pond. Mr. Ivas did not feel the area should have been approved for a permit.
Evelyn Strawn, chair, explained to Mr. Ivas that, in fact, the Commission did approve a project on the site in question and the appropriate appeal time had lapsed.
Commission’s consultant Lenore White explained the two uses for a Request for a Determination of Applicability: Request whether an area is subject or request whether an alteration requires the filing of a Notice of Intent. Ms. White stated that in her opinion, the Boutin’s RDA requested neither of these items. She also stated that the Commission cannot go back and retroactively change the fact pattern of the former hearings.
Mr. Ivas presented a legal opinion by Jon Whitten and suggested the Commission utilize the $3500 Consultant Review Fee, paid by the applicant, in order to have Town Counsel issue an opinion.
Lenore White opined that in order for a Commission to “void” an order, that fraud would need to be proved. She did not agree that there was fraud or mutual mistake. She further agreed that the Commission can void or overturn an Order if there is a violation.
Mr. Ivas submitted a letter to the record from Atty. Jon Whitten.
Conservation Planner, Elizabeth Sullivan, noted that she did speak with Town Council who confirmed that the Commission does not go back in time.
Discussion was declared closed – no action was taken on the RDA. The Chair stated that there was no finding for a hearing and no action should be taken. It was noted that once the permit lapsed, new regulations would be in effect. The Commission agreed that a response letter would be mailed in lieu of a Determination.
No further action.
7:40 PM Meridian Construction Inc., Steve Thibeault, 26 Burgess Road, Parcel ID No. 100-000-037-016. A Notice of Intent to upgrade a septic system and construct an addition and porch to the existing dwelling including grading, within the buffer zone of bordering vegetated wetlands of Island Pond. A portion of the new porch is to be constructed within the 50 ft. no-build zone.
This project is also subject to review by Natural Heritage Endangered Species Program and MESA.
Joseph Webby of Webby Engineering represented the applicant and explained the project.
An additional request was made to add a second story addition to the existing front of the dwelling.
The footings that are required within the 50-ft. no build zone will be dug by hand.
Gerre Hooker motioned to approve with conditions, including the 2nd story addition. Approved unanimously.
7:50 PM Steven C. & Penelope York, 145F Taylor Avenue, Parcel ID No. 045C-000-051-000. A Notice of Intent to remove the existing foundation and place the dwelling onto new concrete piling foundation, in the resource of a coastal dune system on White Horse Beach.
Mark Flaherty of Flaherty & Stefani, Inc. and contractor Robert Crosby represented the applicant.
Mr. Flaherty explained that the Commission recently approved a filing for porch construction on this dwelling. At the time a building permit was being pulled for the porch, the building department determined that the entire dwelling foundation needed to be brought up to meet FEMA regulations. Now, the dwelling will be raised and new 10” pier-style pilings will be installed.
No public comment made.
Gerre Hooker motioned to approve with conditions. Approved unanimously.
Other Business:
Letter from Robert DeMarzo, Plymouth Long Beach, requesting to bring in rock and sand.
Consensus was approval with condition that notification be given to the office prior to the start of work. Gerre Hooker motioned to approve with conditions. Approved unanimously.
MINUTES:
March 1, 2011. James Aimone motioned to approve as written. Approved unanimously.
March 15, 2011. James Aimone motioned to approve as written. Approved unanimously.
March 29, 2011. James Aimone motioned to approve as written. Approved unanimously.
April 26, 2011. Gerre Hooker motioned to approve as written. Approved unanimously.
August 9, 2011. Gerre Hooker motioned to approve as written. Approved unanimously.
August 23, 2011. James Aimone motioned to approve as written. Approved unanimously.
September 13, 2011. Gerre Hooker motioned to approve as written. Approved unanimously.
November 29, 2011. Gerre Hooker motioned to approve as written. Approved unanimously.
CERTIFICATES OF COMPLIANCE:
SE57-2480, Joseph Brennan, 20 Bogside Drive
Gerre Hooker motioned to issue the COC. Approved unanimously.
ORDERS OF CONDITIONS:
• Meridian Construction Inc., Steve Thibeault, 26 Burgess Road, SE57-2576.
James Aimone motioned to approve as amended to include a 2nd story addition no greater than the existing foundation footprint. Approved unanimously.
• Steven C. & Penelope York, 145 F Taylor Avenue, SE57-2575. Gerre Hooker motioned to approve as written. Approved unanimously.
The upcoming Meeting Calendar was reviewed:
January 3, 2012 – Public Hearings
January 24, 2012 – Public Hearings
The meeting adjourned at 8:25 PM.
Respectfully submitted,
Michelle A. Turner
Michelle A. Turner
Administrative Secretary
Approved on: February 7, 2012
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