TOWN OF PLYMOUTH
CONSERVATION COMMISSION
508-747-1620 x139
MINUTES OF THE MEETING
ANUARY 24, 2012
The Plymouth Conservation Commission held its regularly scheduled meeting on Tuesday, January 24, 2012 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. John Scagliarini and Paul Withington. The Conservation Planner, Elizabeth Sullivan was present. The secretary Michelle Turner was absent
The Minutes were taken by Eilene Hawthorne.
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
7:00 PM The Plymouth Conservation Commission will hold a Public Hearing in the Plantation Conference Room, 2nd floor, 11 Lincoln Street, Plymouth, Massachusetts on Tuesday, January 24, 2012, at 7:00 PM, to recommend changes to the Plymouth Wetland Bylaw, Section III Wetlands and Section IV Jurisdiction as they relate to the Flood Zone references in such Bylaw. The complete text changes to the Bylaw are available in the Conservation Commission office. Any person interested and desiring to be heard on this public hearing should appear at the time and place designated.
Evelyn Strawn read the public hearing notice and opened the hearing.
Elizabeth Sullivan explained that the changes to the Flood Insurance Rate Maps (FIRM) have gone from a Town-wide to county-wide format. The new maps will be effective July 17, 2012. Text changes to the wetland bylaw will need to be made.
There was no public comment.
David Foster motioned to approve the recommended changes; the vote was unanimous.
Continued from December 13, 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.
Evelyn Strawn read a letter into the record from Mark Flaherty of Flaherty & Stefani, Inc. requesting a continuance. A new plan has been submitted but staff has not reviewed the plan yet.
Gerre Hooker motioned to continue the hearing to February 7th at 7:50 p.m. Approved unanimously.
7:30 PM Circle Estate Realty Trust, Charles H. Salie, Trustee and Nancy P. Foley,
26 James Circle and 24 James Circle, Parcel ID Nos. 056-000-038-009 and 056-000-038-008. A Notice of Intent to replace the shared existing seasonal wooden dock with an aluminum dock of the same dimensions (4 ft. x 60 ft.) within the resource of Great Herring Pond.
This project is subject to review by Natural Heritage Endangered Species Program and MESA and is within the Herring River Watershed ACEC
Mark Flaherty of Flaherty & Stefani, Inc. represented the applicant and explained the project to replace the seasonal dock. A letter from Natural Heritage was read into the record – project will not result in a “take” or have adverse affects, including some additional recommendations.
No public comment.
Gerre Hooker motioned to approve the project, with conditions. Approved unanimously.
7:40 PM Town of Plymouth, DPW-Environmental Management, 82 and 84 Billington Street, Parcel ID No. 027-000-129-000. A Request for an Amended Order of Conditions for DEP File No. SE57-2459 to raze and dispose of the coal bin building; to raze and dispose of the Plymco mill building; and to excavate contaminated soils in the buffer zone of Town Brook. This Amended Order also requests elimination of the stream relocation project as originally proposed.
David Gould, Manager, Town of Plymouth- Environmental Management, represented the applicant and explained the project.
Mr. Gould explained that the original plan submitted had design issues because at that time, the Town was not the owner of the property; therefore, design concessions were made. On December 23rd, the Town took possession, as new owner of the property. Now, the Town proposes to remove several of the buildings. Mass Historical Commission will give final sign off for the building demolition all archeological work has been completed.
Secondly, originally, due to work going around the buildings, the stream was originally proposed to be relocated. However, now that the buildings are proposed to be razed, the stream does not need to be relocated therefore there is much less disturbance to the site. In stream work will not be done within the existing channel. It will help set new water and sewer lines through this area. John Scagliarini asked about the new lines and Mr. Gould noted that new water main will be looped therefore creating better water pressure in the area and the sewer main will be gravity fed.
Third component of the project – as part of the site investigation there are approx. 6000 cubic yards of contaminated soil to be removed (containing coal ash, automobile parts) located between Town Brook and the coal bin building and an additional 2000 cubic yards of material located behind the Plymco building. Contaminated material is located 10 ft. from back of fish ladder.
Paul Withington was concerned with the possibility of historic relics being uncovered and Mr. Gould noted that all of the archeological work is completed.
Mr. Aimone received confirmation that a 21E site assessment was done on the site, but technically it is out of compliance because past owner did not file paper work on time. Town has now met with the state and compliance has been met.
Public Comment:
Celeste Kilday – Billington is the original packet still valid
DG don’t have to relocate the stream under the building
CK how to maintain the grade and level of land
DG coal bin building – back wall serves as a retaining wall for driveway above – leave a portion of the wall, boulders in front and a 3:1 slope.
CK concern with safety is a fence possible
DG you can put a fence up.
Gerre Hooker motioned to approve the request for an Amended Order, with no additional work beyond this request. Approved unanimously.
7:50 PM 223-225 Taylor Avenue Realty Trust, 223-225 Taylor Avenue, Parcel ID No. 045B-000-007-000. A Notice of Intent to demolish two cottages on the lot and replace with one single family dwelling, including utilities and amenities, in the buffer zone of the top of the coastal bank and coastal beach.
J. Randolph Parker of LMSI (Land Mgmt Systems, Inc) represented the applicant and explained the project to remove two cottages and construct a single family dwelling further back from the coastal bank and road. A 4 ft. x 8ft. cantilevered 2nd floor balcony is also proposed.
A waiver is requested for construction within the 35 ft. no build area.
Gerre Hooker suggested use of a silt fence rather than hay bales and Mr. Parker agreed.
David Foster motioned to approve the project, with conditions, including approval of the waiver. Approved unanimously.
8:00 PM Robert A. Scarlatelli, 94 Tamarack Road, Parcel ID No. 056-000-023A-002Z. A Notice of Intent to demolish the existing dwelling and construct a new 2-story dwelling, including utilities and amenities, within the buffer zone of the inland bank of Great Herring Pond. This project is subject to review by Natural Heritage Endangered Species Program and MESA and is within the Herring River Watershed ACEC.
Mark Flaherty represented the applicant and explained the project. Mr. Flaherty explained that work is not proposed closer to the wetland than the existing house and garage. Heavily vegetated areas will remain. Only a patio area, deck and walking stones are proposed within the buffer zone. Gerre Hooker motioned to approve the project with conditions. Approved unanimously.
Other Business:
The Commission was updated on the status of GFJ Realty Trust (Joyal).
Ms. Sullivan noted that on February 14, 2012, a Flood Map presentation will be made to the Board of Selectmen.
Re: 184 Warren Avenue discussion.
Elizabeth Sullivan reported that she is currently in communication with engineer Donald Bracken regarding unpermitted work that has occurred in the buffer zone. Ideally, Mr. Bracken would like to receive a Certificate of Compliance with the understanding that a new NOI would be filed for the unpermitted work. Ms. Sullivan noted that the approved plan included a 25 ft no touch zone where
now a putting green and manicured lawn exists. She noted that she is reluctant to issue a COC at this time. Discussion ensued that an Enforcement Order could be used, or a partial COC could be issued.
Consensus was that a COC would not be issued if requested.
Ms. Sullivan will review with the representative, Don Bracken
ORDERS OF CONDITIONS:
•SE57-2578, Circle Estate Realty Trust, 26 and 24 James Circle. Gerre Hooker motioned to approve as written. Approved unanimously.
•SE57-2580, 223-225 Taylor Avenue Realty Trust, 223-225 Taylor Avenue. Gerre Hooker motioned to approve as written. Approved unanimously.
•SE57-2581, Robert Scarlatelli, 94 Tamarack Road. John Scagliarini motioned to approve as written. Approved unanimously.
•SE57-2459, Town of Plymouth (Amended Order). Gerre Hooker motioned to approve as amended. Approved unanimously.
CERTIFICATE OF COMPLIANCE:
SE57-1391, William Donahue and Dorothy Brooks, 193 Taylor Avenue, septic system. John Scagliarini motioned to issue the COC. Approved unanimously.
SE57-1268, William Quigley, 223-225 Taylor Avenue, septic system. Gerre Hooker motioned to issue the COC. Approved unanimously.
The upcoming meeting calendar was reviewed:
February 7 and 28, 2012
March 13 and 27, 2012
The meeting adjourned at 8:30 PM.
The minutes were prepared by Michelle Turner.
Respectfully submitted,
Michelle A. Turner
Michelle A. Turner
Administrative Secretary
Approved on: February 7, 2012
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