ࡱ>  @ llbjbjVV "r<r<Rd 8 $ !T6Fl!l!"!!!!!!EEEEEEE$FR>IE-!!--E!!E444->!!E4-E44mC|D!`! UrQ 63CEF06FCI 4pI$DID!"%4' )<!!!EE |4 MINUTES OF MEETING OF WAREHAM CONSERVATION COMMISSION Date of Meeting: April 3, 2013 CALL MEETING TO ORDER The meeting was to order at 7:08 P.M. ROLL CALL Members Present: John Connolly, Chairman Ken Baptiste Sandy Slavin Mark Carboni (Arrived at 8:29 P.M.) Joe Leggett, Associate Member David Pichette, Agent Members Absent: NOTE: The meeting proceeded w/ item IV. Continued Public Hearings A. NOI William Simmons, c/o G.A.F. Engineering, Inc. SE76-2252. Present before the Commission: Brian Grady, G.A.F. Engineering, Inc. Mr. Pichette described the project. The property is located at 94 Squaws Path. The project involves the reconstruction of a seawall along the shore of Shell Point Bay. This will involve work along the coastal bank & along the coastal beach & w/in a coastal flood zone. The 70 ft. section of the collapsed stone wall is to be rebuilt as a stone seawall. The work would utilize some of the existing stone at the site while other stone would have to be imported to be used as toe stones for the new wall. There are several large stones that have been embedded in the beach or salt marsh over time. These stones should be left in place. There is also another section of existing granite wall that is approx. 30 ft. long that is to be dismantled in terms of the top courses of stone & be reset in the same location. The toe stones for this section of wall would remain in place & be re-utilized. At the last meeting, the Commission was still waiting for comments from Natural Heritage. A comment letter has been received & there were no questions or comments. A DEP file number has been assigned. He recommended the issuance of an OOC w/ standard conditions & the added condition re: not removing large stones that are already imbedded in the beach & salt marsh. Ms. Slavin asked if the plan needs to be re-done to show that the large stones should not be touched. Mr. Pichette stated it would be up to the Commission if they want it designated on the plan or in the OOC. Mr. Grady addressed the issue. Audience members had no questions or comments. MOTION: Ms. Slavin moved to close the public hearing for William Simmons. Mr. Baptiste seconded. VOTE: Unanimous (4-0-0) MOTION: Mr. Baptiste moved to issue an Order of Conditions for William Simmons w/ standard conditions & the added condition re: not removing the large stones that are already embedded in the beach & salt marsh. Ms. Slavin seconded. VOTE: Unanimous (4-0-0) PUBLIC HEARINGS RDA Peter R. Andrews The public hearing notice was read into the record. Present before the Commission: Peter Andrews Mr. Andrews submitted the green abutter cards to the Commission. He noted that the Rose Point Improvement Association did not respond. Mr. Pichette described the project. The property is located at 2 Bradford St. in the Rose Point area. The project involves improvements to piling supports of an existing cottage for the construction of a second floor addition. The project is w/in the river front area of the Sippican River & in the buffer zone to salt marsh & w/in a coastal flood zone. Eight sono-tube footings are proposed to be placed under the existing cottage to provide additional structural support for a second floor addition to be added to the cottage. The sono-tubes will be hand dug w/ pre-cast concrete sections to be installed. The existing cottage is approx. 25-30 ft. away from the edge of the salt marsh. The second story addition is framed & sitting on the ground adjacent from the cottage at this time. It is proposed that this addition be lifted up w/ a crane & placed on top of the cottage. He has questions re: access for the crane & potential for running into ground water w/ the placement of the sono-tubes because they need to go four ft. down. In Mr. Andrews letter to the Commission, there will be no concrete trucks. It will all be pre-cast material. Silt fence will be placed between the work & the resource area. Recently, there was an NSTAR truck that got cut in the salt marsh in attempt to do some work at the site. The area is limited to the size of vehicles that can gain access to the site. Mr. Andrews stated that there is a outfit in New Bedford (a crane company) that will be utilized. They have assured him they can get the crane on the property. Mr. Pichette expressed concern re: the crane coming near the marsh side of the driveway. He feels it would have to come in on the other side to be supported. Brief discussion ensued re: where the crane will have access. Ms. Slavin asked how the sono-tubes will be placed under the existing house. Mr. Andrews explained the house is up approx. 3 ft. currently & the tubes are segmented, pre-cast, & sectioned. Nothing is real heavy & the sections pieces are stacked to the desired height. All the digging will be done by hand. Ms. Slavin stated she was at the property the other day, it was high tide, & the driveway was underwater. Mr. Andrews stated it frequently gets that way in one spot. Ms. Slavin asked if this is where the crane is supposed to work (where it floods). Mr. Andrews stated it will go beyond that, closer to the river. He will be moving the boat that is there. Ms. Slavin asked if the crane will be outside the 30 ft. buffer when moving around. Mr. Andrews stated the crane would be on Bradford St. & taking the corner, it would be outside the 30 ft. buffer. He stated salt water & rain water collect in that one spot on Bradford St. He stated he broke the structure (addition) on site. Ms. Slavin questioned how close the equipment was to the water to build the structure on site. Mr. Andrews stated he only used a pick-up truck. The lumber truck parked out on Rose Point & a fork-lift brought the wood to the site. Mr. Connolly asked if, when proceeding w/ the project, the project encounters water, how will Mr. Andrews de-water. Mr. Andrews stated he will not be pouring wet concrete in, so he is not to concerned. He stated three ft. was dug to check the existing footings by the engineer. He stated last fall, when the electrical conduit went underneath, there was water where the wet spot (area) is. He stated he is not working in that area. Audience members were asked for questions or comments. Present before the Commission: Timothy DeMarco Mr. DeMarco submitted pictures to the Commission showing moon tides in the area. He also noted Marchs high water table. Mr. DeMarco asked if the applicant is utilizing hurricane strapping to secure the addition to the original house & if not, how is he attaching the addition. Mr. Andrews stated he is using hurricane strapping to tie it all together. He stated there is a lot of metal strapping going in (because it is being lifted by the crane) that will also be attached. Mr. DeMarco asked if there is anything larger than what _______________ inaudible on tape.house that is there now. Mr. DeMarco asked if Mr. Andrews is intending to open up the outside walls_________________inaudible on tape. Mr. Andrews stated ________________________inaudible on tape. Mr. DeMarco asked if this is to be Mr. Andrews year-round home. Mr. Andrews stated no. Mr. DeMarco asked if storm plywood is being utilized. Mr. Andrews noted what plywood he is using. Mr. DeMarco asked if there will be storm-impact windows or shutters. Mr. Andrews stated shutters. Mr. DeMarco asked how storm plates will be attached to the outside pilings. Mr. Andrews questioned what storm plates are. Mr. Connolly reminded Mr. DeMarco that his questions need to be wetland related. Mr. DeMarco asked if Mr. Andrews had a structural engineer come & physically see the sono-tubes there now. Mr. Andrews stated _________________inaudible on tape. Mr. DeMarco asked if the engineer saw the steel on the bottom _________. Mr. Andrews stated yes & ______________________inaudible on tape. Mr. DeMarco asked if Mr. Andrews has homeowners insurance & flood insurance. Mr. Andrews stated he does not have flood insurance, but homeowners insurance. Mr. DeMarco stated the Rose Point Improvement Association President told him that the Association did not get the applicants information on time (they received it Monday) to get involved w/ this matter. The edge of this property is Association land. 70% of the seawall belongs to the Association & is not actually on Mr. Andrews property. He stated there is a picture of Mr. Andrews walk goes to the corner of his seawall to Mr. Andrews seawall. He stated in the 1970s, the previous owners never occupied it because the well was always under water. Mr. Andrews stated the house now has Town water & sewer. Mr. DeMarco stated another neighbor, approx. 300 ft. from this property had asked to put a deck on the property. She was told she would have to apply to FEMA to get her out of the flood zone. He stated this project seems to more than his neighbors project. Mr. DeMarco stated in 2011, Mr. Andrews put in a gas fireplace in the home & was told by Mr. Burke, the Building Inspector at the time, that Mr. Andrews did not have to abide by FEMA guidelines. Mr. Connolly stated this has nothing to do w/ the Commission. Only wetlands issues are relevant to the Commission. Mr. Pichette stated it isnt the Commission that determines the 50% value issue. It is the Building Inspectors office that does this. The Commission goes by what the Building Inspectors office imparts to the Commission. If the Building Inspector says it has to meet certain standards, the Commission expects it to be shown on the plan. If they say it doesnt, the Commission cant require it. Mr. DeMarco stated he received an email from another neighbor yesterday asking when this meeting was. He submitted the email to the Commission. Mr. DeMarco submitted another picture to the Commission depicting a portion of Bradford St. (where the NSTAR truck got stuck). He spoke re: the original plot plan from 1939 which depicts where the wetlands are. Mr. Pichette stated that from 1939 to now, someone has filled in the area to access the last lot. He doesnt know when this happened. There is an access to that house. While the old plot plan depicts it as a marsh, it isnt at this time. There is a driveway going to the house. There isnt much the Commission can do about this at the present time. Mr. Pichette asked when the mailings went out to the Association. He asked for the receipt. Mr. Andrews stated _________________inaudible on tape. Ms. Slavin asked what the dimensions are of the second floor. Mr. Andrews stated it is 25.5x24.4 ft. Ms. Slavin asked the dimensions of the longer section of the house. Mr. Andrews stated this is a one-story addition that will not be added on. It is approx. 8x12. he stated no trees will be coming down. Mr. Andrews stated there is a rosebush that will be disturbed. Present before the Commission: Wilma Engerman Ms. Engerman stated she did not get notified of the hearing. She stated when the Association gets notified, it usually gets posted on the billboard. Ms. Engerman expressed concern re: the flooding around the house in question. She spoke to Mr. Pichette about this. She stated Mr. Pichette has stated that he has not received the information from the structural engineer about ___________________inaudible on tape. Mr. Andrews stated the Building Inspector wrote him a letter dated March 11, 2013 stating the information was reviewed that was submitted to his office (re: the project) & it has been determined that the project meets the requirements of CMR 780, however an additional building permit application will be needed for the addition will need to be submitted from the engineers report. Also, due to the proximity to wetlands, a Conservation application may also be needed. He stated the Building Inspector did not require a letter from a structural engineer. Mr. Baptiste questioned why this application wasnt an NOI vs. an RDA being so close to the water. Mr. Pichette stated because the work proposed is only the installation of sono-tubes. Discussion ensued re: guardrails under the house. Brief discussion ensued re: how to proceed. Discussion ensued re: notification to abutters. MOTION: Ms. Slavin moved to close the public hearing for Peter R. Andrews. Mr. Baptiste seconded. VOTE: Unanimous (4-0-0) MOTION: Mr. Baptiste moved to grant w/ stipulation that haybales be placed around the property on the water side to hold back any debris from going into the river & further, that at the end of each work day, the property be policed to make sure no debris is there that will end up in the river & further, that the dumpster & crane be placed in designated areas determined by the Conservation Agent. Ms. Slavin seconded. VOTE: Unanimous (4-0-0) RDA Paul J. Foley, c/o G.A.F. Engineering, Inc. The public hearing notice was read into the record. Present before the Commission: Brian Grady, G.A.F. Engineering, Inc. Mr. Grady submitted the abutter notification cards. Mr. Pichette described the project. The property is located at 40 French Ave. The project involves the placement of fill in the buffer zone to bordering vegetated wetland & w/in a coastal flood zone. 6-18 inches of loam would be placed in the back corner of the property adjacent to the existing deck. A corner of the deck is w/in the flood zone based on the new flood map, Zone AE, Elevation 14. The applicant is trying to raise the grade so the corner of the structure will not be in the flood zone. The grading would be approx. 65 ft. from the edge of the wetland & is w/in the flood zone. The graded area is approx. 20x30 ft. in size & is to be seeded. Silt fence is proposed around the area until the vegetation fills in. It is already part of the yard area. He recommends the issuance of a Negative Determination #2 for the project. Brief discussion ensued re: the amount of fill to be utilized & where the fill will be placed. Ms. Slavin expressed concern re: fertilizer being placed close the wetland. She suggested placing no more fertilizer than is already being done (nothing stronger, nothing more, etc.). Audience members had no questions or comments. MOTION: Ms. Slavin moved to close the public hearing for Paul J. Foley. Mr. Leggett seconded. VOTE: Unanimous (4-0-0) MOTION: Ms. Slavin moved to grant a Negative Determination #2 for Paul J. Foley w/ the stipulation that low nitrogen fertilizer be utilized & ______________?? Mr. Leggett seconded. VOTE: Unanimous (4-0-0) NOI Ronald & Phyllis Renzi, c/o G.A.F. Enginnering, Inc. SE76-2257 The public hearing notice was read into the record. Present before the Commission: Brian Grady, G.A.F. Engineering, Inc. Mr. Pichette described the project. The property is located at 87 Oak St. The project involves the demolition of an existing dwelling, the construction of a new dwelling, garage, & site improvements, including the rehab of an in-ground pool, pool house building, & a barn. The work is in a buffer zone to a coastal bank, salt marsh, & w/in a coastal flood zone. An existing 30x36 ft. dwelling is to be demolished & the area where this house exists will be graded & then loamed & seeded. The new dwelling will be located closer to the road. The proposed dwelling is 32x48 ft. w/ a 16x48 ft. deck. The existing deteriorated in-ground pool is to be repaired along w/ the existing pool house. This will involved re-lining the in-ground pool & improving the existing patio areas around the pool. The pool house will be improved as needed, including re-shingling, re-screening, etc. There is a bathroom in the structure that will tie into the Towns sewer system. The pool sits up to the edge of an existing sea wall. Also proposed is a stone walkway to be installed between the existing stone walkway & the pool area. There is also an existing barn that will be rehabbed as well. Also proposed is to remove three Cedar trees on the property. This appears to be done for view issue. These trees are w/in the 30 ft. no activity zone to the coastal bank. Re-grading will be done as shown on the plan & silt fence will be placed between the work & resource area. In meeting w/ the engineer, he stated the Commission would want to see haybales & silt fence. He questioned the amount of proposed landscaping to be done, the level of work to be done on the pool house, any associated pump & filter system needed for the pool, & if drywell should be utilized to handle roof runoff. A DEP file number has been assigned. Mr. Grady spoke re: the pool house. This is all carpentry work. This will be the work to be done to the barn as well. The pool liner will be replaced. The patio will be fixed. The pool filter will be replaced. This is all standard repair work. He stated on the plan, drywells have not been shown. With the removal of the driveway, there is a 40% reduction of impervious surface on the lot, so they dont feel the drywells would be necessary. Mr. Pichette didnt notice any pool filtering system currently there. Mr. Grady discussed where the pool filter will be placed. Mr. Pichette questioned if there will be something built to run the filter system. Brief discussion ensued. Ms. Slavin stated she does live in the neighborhood, but does not abut this property. She asked if there was a lot of tree damage in the past storm on this property. Mr. Grady stated there may have been a few branches down. Ms. Slavin stated she saw a large freshly cut tree on the left side of the house. Mr. Connolly stated there was a tree on the side of the house that was damaged. Ms. Slavin clarified that the only trees to be taken down on the property will be three Cedar trees. He stated the only trees to be taken down are indicated on the plan & he noted the reasons why they will be taken down. He also noted the existing driveway will be removed & a new paved driveway will be installed. Mr. Baptiste asked if a second row of haybales could be placed 15 ft. behind the other row around the area of construction for breakout issues due to the sloping. Mr. Grady stated he could see a few locations where this could be done, but not continuous. Audience members had no questions or comments. Ms. Slavin stated she wants to make sure that when loaming & seeding are done that only reduced nitrogen fertilizer is utilized & no tree removal other than the three indicated on the plan. MOTION: Ms. Slavin moved to close the public hearing for Ronald & Phyllis Renzi. Mr. Leggett seconded. VOTE: Unanimous (4-0-0) MOTION: Ms. Slavin moved to grant an Order of Conditions for Ronald & Phyllis Renzi w/ the added stipulations re: extra haybales around the house, low nitrogen to be utilized on the property, & no trees removed other than those shown on the plan. Mr. Baptiste seconded. VOTE: Unanimous (4-0-0) NOTE: The meeting proceeded w/ item VI. Any Other Business/Discussion B. Discussion Swifts Beach. Present before the Commission: Bruce Savaugeau, Swifts Beach Improvement Association Margaret Ishihara ___________________________ NOTE: Mr. Carboni arrived at this time. Mr. Savaugeau proceeded to discuss additions/amendments to the Conservation Restriction documentation. The FinCom reviewed the documents. Discussion ensued. Discussion ensued re: having it noted in the CR that both the Swifts Beach Improvement Assoc. & the Conservation Commission would be co-holders of the CR. Mr. Savaugeau stated he will be back at the next meeting w/ corrections to the language in the documents. Mr. Connolly stated the sink hole is due to a sewer main break on Wankinquoah Road in Swifts Beach. Mr. Pichette stated in order to fix this problem, the Sewer Dept. has to come in & dig up this stretch of road to reach the pipe. The pipe is 15 ft. deep. The groundwater is only 7 ft. deep. The Sewer Dept. is going to sink a bunch of wells around the area to pump water out of the ground for two days non-stop. He stated the water will be directed towards the land that the proposed CR will be placed. He wanted the Association to be aware of this matter. Brief discussion ensued. Mr. Pichette stated haybales & such will need to be placed to make sure erosion doesnt occur & this situation will need to be monitored. Someone asked why this water cant be put into the ocean if it is clean water. Mr. Pichette stated the Sewer Dept. doesnt want to channelize the large volume of water across the beach because it will carve a gully. Discussion continued. ENFORCEMENT ORDERS Best Friends Preschool 237 Sandwich Road. Present before the Commission: Maria ____________, Owner _________________, Site Plan Director Mr. Pichette stated this site is at 237 Sandwich Rd. This project was previously approved by the Commission for the construction of a new preschool building w/ associated driveways, drainage, etc. There was clearing work done at the site beyond what was approved which is a violation. He showed the Commission on the plan where the clearing was done. Ms. ________________stated she had planned on putting a garage on the site for storage & she plans to plant Arborvites along the top of ________________. Mr. ______________stated 3,000 Arborvites will be planted at a cost of $10,000.00. He also stated they would like to place solar panels in the spot the trees were cut down. Mr. Pichette stated the solar panel piece would need to come back before the Commission for review. He stated the only issue w/ this is there is now a 50 ft. no activity zone from the edge of the wetland where previously this wasnt in place. Mr. Pichette stated the parties are present for the matter of the un-permitted clearing that was done & the parties would like the Commission to hear their proposal re: the garage. Ms. ________________stated she wants to put a fence around the whole property. Mr. Pichette stated any features, such as playgrounds, etc. need to be identified on the plan which they have not been if it is w/in 100 ft. of the wetland. Ms. ___________ stated it is not. Mr. Pichette stated where there was clearing it already is w/in 100 ft. Ms. _________ showed on the plan where the proposed playground will be located. Discussion ensued. Commission members who havent been to the site concurred to meet at the site on Saturday. The property owners gave their permission. Kevin Sousa Churbuck Lane. Present before the Commission: Kevin Sousa Mr. Pichette stated Mr. Sousa has a previous violation in this area where he placed some fill last fall. An Enforcement Order was issued & the Commission wanted an NOI filed to review what was done & issue a permit for it. This has not been done. In the meantime, Mr. Sousa started to construct a deck at the adjoining property that the Commission had previously approved under a separate NOI, but he did not get a building permit for the deck. In the process of getting signatures for the building permit, the application came to his (Mr. Pichettes attention) & he told Mr. Sousa that the issue of the fill problem needed to be addressed before he would sign off on the building permit. Since that time, he received a call from Mr. Sousas engineer who is in the process of preparing the NOI for the fill issue & it will be submitted some time next week. Mr. Pichette stated there is also a temporary plastic building that has been constructed on the site where someone is constructing a boat inside which is very close the water. The Building Inspector has been to the site. The Building Inspector is looking to find out whether a temporary building of this nature can be allowed w/in a velocity flood zone which this area is. Mr. Sousa discussed the temporary building. He discussed what has transpired since he received the violation & his situation. Mr. Pichette stated there is an on-going policy to not issue new building permits while there is an outstanding violation that needs to be addressed. He feels Mr. Sousa is stating that his application will be filed soon & he wants to know if he can get a sign off on the deck project which has already commenced. The deck was approved by the Commission, but he did not get a building permit for it. The outstanding issue is the building that did not go through the Commission. Discussion ensued re: how to proceed. Discussion ensued re: the fill that was placed on the property & the temporary building. Discussion again ensued re: how to proceed & imposing fines. The Commission emphasized the application needs to be in by April 19th. CERTIFICATES OF COMPLIANCE Joes Gas 341 Main Street MOTION: Mr. Baptiste moved to grant a Certificate of Compliance for Joes Gas. Ms. Slavin seconded. VOTE: Unanimous (4-0-0) ANY OTHER BUSINESS/DISCUSSION Discussion: Westgate Conservation Area Parking Area Construction Authorization to Spend Mr. Pichette stated that he has received several quotes for fencing. The thought is to go w/ big boulders due to the high cost of fencing. Mr. Pichette would like the Commission approve the purchasing of a chainsaw to do work at this site & other sites. Discussion: Swifts Beach (DONE) Discussion: Bills Discussion: Earth Day Event Discussion: Merchants Way Redesign ADJOURNMENT MOTION: A motion was made & seconded to adjourn the meeting. 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