MINUTES OF THE MEETING
February 7, 2012
The Plymouth Conservation Commission held its regularly scheduled meeting on Tuesday, 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, John Scagliarini and Paul Withington. The Conservation Planner, Elizabeth Sullivan and the recording secretary Eilene Hawthorne was also present.
David Foster and Brooke Monroe 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
7:30 PM Plymouth Airport Commission, Thomas Maher, South Meadow Road, Parcel ID Nos. 097-000-001Z-001, 097-000-010-000; 097-000-011-000, 097-000-012-000, 099-000-001-002B, 099-000-001-002D. An Abbreviated Notice of Resource Area Delineation to confirm state and local wetland boundaries, including Bordering Vegetated Wetlands, Inland Bank, Land under Water Bodies, and Isolated Land Subject to Flooding.
This project is also subject to review by Natural Heritage Endangered Species Program and MESA.
A letter requesting a continuance was read into the record.
James Aimone motioned to accept the request and continue the hearing to March 13, 2012. The time to be determined. The motion was approved unanimously.
7:40 PM George W. Callbeck, 23 Earl Road, Parcel ID No. 048-000-038-005. A Request for Determination of Applicability to construct a new septic system in the buffer zone of bordering vegetated wetlands of Fresh Pond.
J. Randolph Parker of LMSI (Land Mgmt Systems, Inc) represented the applicant and presented the project.
Gerre Hooker motioned to issue a negative determination. Approved unanimously.
7:45 PM Peter R. King, 26 Knights Point Road, Parcel ID No. 098-000-063-000. A Notice of Intent to reconstruct/enlarge a deck on existing footings, remove old dock and float and install new dock, construct new stairs for access to dock, repair retaining wall, upgrade septic system and loam and seed as needed to stabilize, within the buffer zone of bordering vegetated wetlands and resource of Billington Sea.
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 and explained the project.
The project is a rehab of the existing dwelling, new septic system, loam and seed to stabilize. A retaining wall is proposed on the adjacent property in order to stabilization of the land.
Mr. Parker noted that a 5 ft. x 7 ft. deck was demolished but the footings remained. The new deck proposed is 8 ft. x 14 ft. and will be cantilevered. A new stairway leading down to the seasonal dock (two 4 x 8 ft. sections) is proposed with a 4 x 16 ft. “T” at the end of the dock. A Chapter 91 License will not be required.
A letter from Division Fish & Wildlife was read noting that there should be no adverse affect on the habitat and made some suggested conditions.
Evelyn Strawn noted that many of the trees had been removed prior to approval, specifically a deciduous tree on the side and on the slope were removed.
Mr. Parker suggested that mitigation (plantings) could be conditioned. Evelyn Strawn agreed that a planting plan should be required.
Paul Withington asked if the stairway leading to the dock was going over the existing cement block and Mr. Parker noted that it was proposed over that area.
Mr. Aimone asked about the different deck sizes…from a 5 x 7 ft. deck to an 8 x 14 ft. deck. This expansion occurs in the 35 ft. buffer zone.
Staff member Liz Sullivan suggested that deck could be approved in the same dimensions, but Mr. Parker was opposed and said the 5 x 7 ft. deck was not large enough to open a chaise lounge. Ms. Sullivan said that footings for the enlarged deck would go into the bank.
Mr. Parker said there would be a 3 ft. cantilever and no additional footings would be added. The top of the slope would be under the deck. Liz had some concern whether they could meet building codes but Mr. Parker said that up to 4 ft. is allowed to be cantilevered.
John Scagliarini would like to condition no additional footings.
No public comment made.
John Scagliarini motioned to approve with conditions. Approved unanimously.
Continued from January 24, 2012
7:50 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.
Letter was read from Mark Flaherty requesting that this Notice of Intent be withdrawn without prejudice. The letter was accepted. No further action was taken.
OTHER BUSINESS:
• Ratify Emergency Certificate for DPW, Sandwich Street
Liz Sullivan updated the Commission on the Emergency Certification that was issued to the –
• Environmental Management in order to repair the broken culvert pipe and to stabilize the severe erosion on the bank.
Paul Withington questioned whether the state is funding any part of the mitigation as Rte 3A is a State Road. Elizabeth Sullivan will look into the funding for the project.
Gerre Hooker motioned to ratify the EC. Approved unanimously.
• Joseph Brennan, 5 Clifford Road, SE57-
Liz Sullivan reported on her monitoring inspection -large retaining wall was constructed, the dwelling is lower than what was proposed. Grading is different than what was proposed. Pulled more earth out and moved to the back of the house – possibly get an updated existing condition plan –
John Scagliarini asked if hay bales were in place and they are.
James Aimone would like the applicant to attend the next meeting on February 28th. The Commission would like an existing conditions plan presented at that meeting.
• Liz Sullivan discussed the letter from Division of Fish & Wildlife asking the Commission to confirm the Conservation Commission’s stand on hunting on properties under their care and custody, specifically the Emery Preserve and Six Ponds East Preserve (both off Long Pond Road). DFW requested a formal response from the board noting the position and staff provided a letter stating that hunting was not prohibited. Liz stated that hunting was prohibited on properties held under a Conservation Restriction (CR) by The Wildlands Trust.
• Evelyn Strawn shared a notice regarding a hike and bike forum on March 14, 2012, sponsored by Network of Open Space Friends – 6:30 pm, South Street Library.
MINUTES FOR APPROVAL:
• December 13, 2011 -James Aimone motioned to approve. Approved unanimously.
• January 3, 2012 - James Aimone motioned to approve. Approved unanimously.
• January 24, 2012 - John Scagliarini motioned to approve. Approved unanimously.
ORDERS OF CONDITIONS
•Peter R. King, 26 Knight’s Point Road, SE57-
Add additional conditions:
•Use existing footings only and plantings.
•No new footings are allowed.
•Request a landscaping plan for the 35 ft. buffer including the inland bank, due to the fact the area had been cleared and the trees removed prior to a building permit sign off.
.
Gerre Hooker motioned to approve the Order as amended. Approved unanimously.
•Provincetown View Road LLC, 129 Manomet Avenue, SE57-2559 – No action taken. NOI was withdrawn.
Gerre moved to adjourn at 8:13 PM - Approved unanimously.
The upcoming Calendar was reviewed.
February 28 – Public Hearings
March 13 – Public Hearings
March 27 – Public Hearings
Gerre Hooker motioned to adjourn the meeting at 8:13 PM. Approved unanimously.
The minutes were typed by Michelle Turner
Respectfully submitted,
Michelle A. Turner
Michelle A. Turner
Administrative Secretary
Approved on: March 6, 2012____
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