MINUTES OF THE MEETING
March 13, 2012
The Plymouth Conservation Commission held its regularly scheduled meeting on Tuesday, March 13, 2012 at the Plymouth Town Hall, 11 Lincoln Street, Plymouth, MA 02360. Present were Evelyn Strawn, Chairperson, Gerre Hooker, Vice-Chairman and Commissioners John Scagliarini and Paul Withington. The Conservation Planner, Elizabeth Sullivan and the secretary, Eileen Hawthorne was also present. The minutes were prepared by Michelle Turner.
James Aimone, Brooke Monroe and David Foster 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 February 7, 2012 CONTINUANCE REQUESTED to March 27, 2012 7:15 PM
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
Letter read into the record requesting a continuance until March 27, 2012.
Gerre Hooker motioned to continue to March 27, 2012 at 7:15 p.m. Approved unanimously.
7:45 PM Town of Plymouth-DPW/Environmental Management, 130 Warren Avenue, Parcel ID No. 039-000-003-000. A Request for an Amended Order of Conditions for DEP File No. SE57-2562 to extend the length of revetment/apron repairs northerly by 350 linear feet; to perform maintenance on 720 linear feet of existing revetment to the south and to install a storm water drainage system, in the resource and buffer zone of a coastal beach and riverfront area.
This project is also subject to review by Natural Heritage Endangered Species Program and MESA.
Kerin McCall of the Environmental Management department represented the applicant and explained the project.
She explained that the Amendment request consisted of three projects: to extend the wall to the north, make repairs to the existing wall in front of Bert’s restaurant and Pilgrim Sands Motel and to make drainage improvements.
John Scagliarini asked why drainage was not included originally and Ms. McCall noted that the wall repair was the priority prior to storm season.
Discussion ensued over the drainage issue and how it will drain.
Ms. McCall said that a catch basin would be in area behind wall and empty into the Eel River.
John Scagliarini had concerns that the parking lot from Berts north would wash out faster that ever and he believed that the wall was not a good solution.
Ms. McCall supported the design engineer’s plans
Paul Withington supported the plan.
Public Comment:
Edward Miller, Property Manager for Bert’s restaurant– his opinion was that if the drainage was done prior to the wall, it might have been impacted – the new wall will protect the drainage improvements.
Edward Miller, the drainage broke down and damaged the sea wall and it was definitely necessary to fix the problem now.
Evelyn Strawn read a letter from Marine Fisheries into the record noting the importance of area as fish spawning – time of year restriction from 2/15 to 6/30
Gerre Hooker motioned to approve the project subject to the conditions including the recommendation by Marine Fisheries. John Scagliarini opposed. Approved by a majority 3-1-0
CONTINUANCE REQUESTED to April 10, 2012
8:00 PM Thomas and Virginia Scanlan, Saquish Beach, Parcel ID Nos. 132-000B-063-000Z (includes lot B-183). A Request for Determination of Applicability for the post-facto re-construction and enlargement of an existing open deck and for the re-construction and maintenance of telephone pole fencing within the resources of barrier beach and coastal dune.
The chair, Evelyn Strawn, opened the hearing and read a request for a continuance into the record.
Gerre Hooker motioned to continue the hearing to April 10, 2012 at 7:30 PM. Approved unanimously. 4-0-0
8:10 PM White Cliffs Country Club-David Mastroianni. One East Cliff Drive, Parcel ID No. 054-009-064B-000. A Request for an Amended Order of Conditions for DEP File No. SE57-2378 for the placement of sand at the toe of the eroded coastal bank and for the construction of a sand delivery chute on the coastal bank.
Leanne Larsen, represented White Cliffs, along with David Logger the contractor for the project. Mr. Logger explained the construction of the chute – 202 ft. in length, 2 ft. in diameter and fully enclosed. It will be anchored with oak posts driven in eight ft with 2ft above ground. It would be a permanent installation to move sand to the beach to fill in and restore the bank.
Mr. Withington asked if the chute installation was just for the endurance of the permit.
It was noted that the chute will remain on the slope indefinitely to be utilized whenever the bank needs to be nourished.
John Scagliarini supported this.
Contractor said that the top and bottom sections will be removed as necessary when not in use.
John Scagliarini said that they are doing the right thing – gaining more by putting sand down there.
Paul Withington asked about the chute (pipe) composition and Mr. Logger explained that it was a high density polyethylene pipe – smooth interior – has some flexibility and will be placed straight down the coastal bank. Top of the pipe would be capped.
Gerre Hooker asked how it would be stabilized and Mr. Logger explained the clamp system will attach to the posts on ten ft. centers. They have utilized this chute system on Nantucket at Sconset Beach
Project occurs approx. 500 ft. from the 18th tee. Project will commence yearly in the springtime after northeast winter storms are over. No trees will be removed and only poison ivy will be trimmed. No equipment to be on the bank.
Public Comment:
A number of written comments were submitted and read into the record. (all letters are on file and become a part of the official record)
Don Demichele – in opposition
William & Donna DiCarlo – in opposition
James Byron and Sondra Stearns – in opposition
Deborah O’Duggan – in opposition
Robert Novelli – in opposition
Evelyn Strawn explained the Commission’s role is to judge the environmental impact of the project– the board does not comment on the legal rights of the residents
Mr. Logger said that the concerns of the impacts of the chute will not be detrimental and will not cause erosion of the coastal bank. There will be a secure installation system and the chute would remain stable during high winds. The trucks will be at least 50 ft from the top of the coastal bank and will have minimal impact.
Public Comment:
Ernie Massa – 5 Four Court – in support of the project and an ongoing maintenance and nourishment program. He said that the Court judgment was for new projects – cliff has some significant erosion at the toe of the bank and timing is important.
Letters of support submitted from Ray Riddle and Norina Perry and Pat and Gerry DeBiasi
John Scagliarini said that the impact of machines proposed will be minimal
Gerre Hooker motioned to approve the project subject to conditions. Approved unanimously 4-0-0
8:20 PM Paul F. & Anne D. Webster, 176 Black Cat Road, Parcel ID No. 098-000-076A-000Z. A Notice of Intent to demolish the existing dwelling and construct a new 2-story dwelling with amenities in the buffer zone of an inland bank of Billington Sea; including the construction of a seasonal dock.
This project is also subject to review by Natural Heritage Endangered Species Program and MESA.
Mark Flaherty of Flaherty & Stefani represented the applicant and explained the project. Home was recently purchased and is in disrepair. New dwelling will be constructed farther away from the top of the inland bank – work is proposed 50 ft. away. There is an existing deck with stairway on the bank that leads down to the pond. Lot is overgrown and runoff will be controlled.
Evelyn Strawn asked about permits for the existing deck.
Mr. Flaherty said that it existed when the new homeowners bought the house and now they would like to rebuild it. It was damaged by trees and there could be more damage if it was removed.
Discussion ensued over the deck construction, which appeared relatively new. There are neither building permits nor conservation permits on record for the construction of the deck.
John Scagliarini suggested a smaller deck.
Public Comment
Peter King, abutter, property is in need of repair.
Gerri Hooker asked Mr. King if he had knowledge of the existing decks. Mr. King said his knowledge was that it has been in existence for the three years he has been there.
Mr. Webster said that the deck covers a depression in the bank.
Discussion ensued over the deck.
Elizabeth Sullivan noted that if no structure existing, a 4 x 4 ft. deck would be allowed.
John Scagliarini asked the applicant if they were amenable to a smaller deck and discussion ensued over the hole in the bank and the possibilities of how the hole (erosion) was created.
Mr. Flaherty noted that this was the owner’s decision
Mr. Withington said there was considerable deck proposed around the new dwelling but he would like this separate deck to conform.
Public Comment:
Letter from Ronald Ferioli stating support of the project.
Public Comment Closed
Gerri Hooker motioned to approve the project with conditions. Approved unanimously 4-0-0.
ORDERS OF CONDITIONS:
SE57-2562 - Town of Plymouth – DPW/Environmental Management – Amended OOC
Gerre Hooker motioned to approve as amended. John Scagliarini opposed. Approved by a majority.
SE57-2378 - White Cliffs Country Club-David Mastroianni (Amended Order)
John Scagliarini motioned to approve as amended. Approved unanimously.
SE57-2586 - Paul F. & Anne D. Webster
Gerre Hooker motioned to approve as amended with existing deck to be reduced to a 4x4 deck. Approved unanimously.
SE57-2567 - 207 Manomet Avenue Realty Trust, Kathleen Kenney
John Scagliarini motioned to approve as amended. Approved unanimously.
201 Manomet Ave, Paul Healy
Gerri Hooker motioned to approve as amended. Approved unanimously.
The upcoming Calendar was reviewed
March 27 – Public Hearing – Gerre Hooker would not be in attendance.
April 10 – Public Hearing
April 24 – Public Hearing
The meeting adjourned at 9:10 PM.
Respectfully submitted,
Michelle A. Turner
Michelle A. Turner
Administrative Secretary
Approved on April 24, 2012
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