Minutes of Conservation Commission Public Meeting
Date: February 7, 2007
Time: 4:00 pm
Location: Town Hall Hearing Room
Commissioners Present: Co-Chair John DiBlasio, Co-Chair Dottie Dolan, Ginie Page, Cyndi Moe and Lonni Briggs
Regrets: Paul Banner and Ed Reynolds
Staff Present: Hillary Greenberg, Conservation Agent, Andrew Petty, Assistant Conservation Agent and Christine Bates, Committee Secretary
4:00 - Business Meeting & Conservation Agent's Report
Dottie Dolan called the meeting to order at 4:05.
Agent’s Report:
· KI pills and information were distributed to all Commissioners present.
· Information on the MACC Annual Conference to be held on March 3, 2007 in Holy Cross was distributed.
· An updated membership list was distributed.
· Jurisdictional Opinion: Paul Banner, 325 King Phillip Rd: remove two pine tress and replant with winterberry and holly. Ginie Page moved to issue a positive Jurisdictional Opinion; seconded by Cyndi Moe; passed 5-0.
Audrey Danforth requested an amendment to the Condition on the Determination of Applicability, which was issued on 04/06/06. It stated the construction of the shed would not commence until after a Certificate of Compliance was issued for the septic system. Danforth stated she needed to construct the shed in order to house her tools before her septic is hooked up. Discussion took place regarding if she had received approval to build a shed on the approved location and if the existing foundation had been moved. Audrey stated the cement slab is buried which was on the property line. The Commission reviewed the approved location of the proposed shed and told Ms. Danforth she would require ZBA approval to locate the shed to another site. Cyndi stated there are additional buildings on the
property which were not approved. The Commission requested Danforth get a certified plot plan showing the location of the cement slab. Cyndi Moe moved to continue the hearing indefinitely, awiting ZBA approval; seconded by Ginie Page; passed 5-0.
· Agent Greenberg sent the Kandell plans Mark Burgess provided to Jim O’Connell of Woods Hole Oceanographic. Discussion about whether the Commission could ban all future revetments took place and Greenberg stated it would be discrimination against people’s property and the owners could appeal to the State, which
would be approved with the Commission losing all control and not being able to add conditions. Greenberg will write a letter to Burgess and advise him that information has been forwarded to WHG. Greenberg stated that since there is no structure on the property, the State regulations would not allow for a revetment. Therefore, she will inform Burgess the Commission is not in favor of receiving an
application.
· Cyndi Moe moved to approve the 01/17/07 Meeting Minutes as amended; seconded by John DiBlasio; passed 5-0.
· Norma Gilmore has appealed the tickets which were issued by Agent Greenberg. Agent Greenberg has supplied information to the court.
Mail:
· Climate Change Report available for review.
· A copy of a letter to Mark Berry from John Riehl regarding wells that the town will be pumping water from and the possible effects to Herring River and the pond.
· Discussion took place re. the ponds with mercury.
· A request for a positive recommendation from the Compact of CC Conservation Trust for one acre of land to be donated to the Trust. Ginie Page moved to send a positive recommendation regarding the Anthony property to the Selectmen; seconded by Cyndi Moe; passed 5-0.
Public Hearings 5:00 pm:
5:05: Lewis/Johnson, RDA, Harborside PlaceTypeVillage, Site 2048, Map 20, Parcel 19: Remove decks and replace with screened porch and decking. Jamie Lewis gave an overview of the proposed project. Agent Greenberg confirmed the Association is in favor of the addition. Because the applicant is not adding more than 50% of the value, the Building Inspector determined this addition does not have to be elevated. The outdoor shower will be removed. The project is within the Association’s guidelines. Cyndi Moe identified this as a negative 2; seconded by John DiBlasio; passed 5-0. Conditon: shower will be removed.
5:15 Caulfield, RDA, 1500 State Hwy, Map 30, Parcel 29: Stabilize bank/erosion control Emily Beebe and PersonNameGordon Peabody represented the applicant. A site visit was made. The owner did not come before the Conservation Commission. He went forward with his solution to the storm water problem which created even more issues. Beebe and Peabody gave an overview of the project, which included the removal of the sand, moving the hay bales to another area, terracing the slopes, regrading, determining the origin of the storm water, work on the parking area, and directing the water away from the focal point. Dottie Dolan stated the State has identified the area as a swamp. Agent Greenberg suggested the storm water control needs to be addressed first and feels this
is a larger project than originally thought. She recommended a NOI be filed. Andy Petty suggested Beebe and Peabody return with the following information: 1) A detailed work plan, 2) Storm water management for 40,000 gallons per day; 3) Site specific restoration plans. Beebe stated she felt the wetland was Isolated Land Subject to Flooding and did not meet the State’s standards for a NOI. The Commission requested a continuation; Cyndi Moe moved to continue to March 7, 2007; seconded by Ginie Page; passed 5-0.
5:50 Maxson, NOI, 915 Chequessett Neck Rd., Map 19, Parcel 102: Septic Upgrade
At the applicant’s request, Ginie Page moved to continue the hearing to February 21, 2007; seconded by Lonni Briggs; passed 5-0.
5:54 Barry, RDA, 3199 State Hwy, Map 8, Parcel 259: Septic Upgrade. David Lajoie represented the applicant and gave an overview of the project. Approval was granted by the Board of Health contingent upon the Commission’s approval. A shower on the property does not have a drain. As a condition, the applicant will have to dig a dry well for the shower. Cyndi Moe moved to identify this as a negative 3; seconded by John DiBlasio; passed 5-0 1.
6:10 Nollner, NOI, 41 Coles Neck Rd., Map 8, Parcel 249: Locate driveway and well within buffer zone. David Lajoie represented the applicant and gave an overview of the project. A site visit was made. Cyndi revealed her husband is the property manager of an abutter’s property; the Commission did not see any conflict on her serving on the hearing. The driveway will be pervious stone with a paved apron. If the applicant wants to pave the driveway, he will come back to the Commission. Ginie Page moved to approve the project with conditions; seconded by John DiBlasio; passed 5-0. Supervisor: John DiBlasio
MISC:
Additional discussion took place regarding the size of projects and which should be identified as a Notice of Intent versus a Request for Determination of Applicability. Agent Greenberg stressed the Commissioners need to inform the applicant during a hearing if they feel the project should be a NOI.
Cyndi Moe moved to adjourn the meeting at 6:15 pm; seconded by John DiBlasio; passed 5-0.
Respectfully submitted,
Christine Bates
Committee Secretary
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