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Minutes of Conservation Commission Public Meeting
Date: October 17, 2007
Time: 4:00 pm
Location: Town Hall Hearing Room
Commissioners Present: Co-Chair Dottie Dolan, Co-Chair Ed Reynolds, John DiBlasio, Cyndi Moe Terry Gips, and Ginie Page
Staff Present: Hillary Greenberg, Conservation Agent, Andrew Petty, Assistant Conservation Agent and Christine Bates, Committee Secretary
4:00 - Business Meeting & Conservation Agent's Report
Co-Chair Ed Reynolds opened the meeting at 4:05 pm.
Jurisdictional Opinions::
Coser, 210 Way 625, Map 16, Parcel 628, remove two maples, remove dead leader from large maple, remove dead pine tree, remove branches on roof from maple, remove leader over house, remove dead hemlocks. Ginie Page moved to issue a positive Jurisdictional Opinion; seconded by John DiBlasio; passed 6-0.
Shmukler, 180 Long Ave, remove pines and scrub oak. Dottie Dolan moved to issue a positive Jurisdictional Opinion; seconded by John DiBlasio; passed 6-0.
Conservation Trust: Install sitting benches at the following maps and parcels: 29/497, 30/187, 29/424. Cyndi Moe moved to issue a positive Jurisdictional Opinion for all three locations; seconded by Dottie Dolan; passed 5-0 (Ginie Page recused herself).
Conservation Restriction: Psathas, 170 Meadow Ave., Map 40, Parcel 132 (Lt. Island), requesting to keep a view corridor and brush pile. Cyndi Moe moved to approve the Conservation Restriction; seconded Terry Gips, passed 5-0. (Ginie Page recused herself).
There was a discussion to send a memo to engineering firms, who represent applicants, giving guidelines for complete filings which would include filing by deadline date, not accepting any paperwork at the night of the hearings, provide better staking, (identifying 50 buffer zone and 100 buffer zone, ACEC, and floodplain), and if the case is continued, any additional paperwork is to be received one week before the hearing. If someone requests continuations three times, they will be required to submit a new filing, Supervisors must be notified of any on-site visits and pre-construction site visits one week in advance. All RDA applications must be accompanied with a stamped survey site plan.
Agent Greenberg reported work on the Bayberry Hill Trail will begin in the month of November, including signs.
MAIL: Mass Wildlife News, listing of all committees / boards in the Town with openings, Two If By Sea newsletter.
Terry Gips asked for advice regarding communicating with town people. She was advised that no specific cases can be discussed. The open meeting laws were briefly discussed.
Danforth update: Agent Greenberg stated they were supposed to go to court last month for final judgment. Danforth’s attorney stated he had the authority to sign on Danforth’s behalf. Town Counsel did not follow up on it; therefore, the document was never received by the courts. The Town Attorney is drafting a letter to the Board of Health. The Board of Health needs to make a decision if they will grant any further extensions for the septic.
It was reported there are some cuttings taking place on Old Wharf Road.
Agent Greenberg stated she has been in contact with the Glucksman’s on Commercial St., regarding the building of a deck on the shed that is within 10 feet of the bank. They will file a NOI.
Agent Greenberg reported Ann Hile, of Pond Ave., has been in contact with the town and the state. Brian Dudley will make a site visit.
Paine Hollow Road was appealed. Jim Mahala will make a site visit.
John DiBlasio moved to approve the meeting minutes of 10/03/07 with amendments; seconded by Dottie Dolan; passed 6-0.
The State of the Harbor Conference is scheduled for November 10 at the Elementary School.
There will be no meeting on November 21, 2007 due to the Thanksgiving Holiday.
Agent Greenberg attended a Board of Selectmen’s meeting and they have decided to have a committee to study waste water.
Public Hearings 5:00 pm:
Brown, 290 Blue Heron Rd., Map 42, Parcel 123, NOI, construct new dwelling (Cont’d from 10/03/07). Due to an administrative error, this hearing was not scheduled for 10/17/07, but continued to 11/7/07. PersonNameBruce Beirhans, abutter, stated the house is not consistent with the neighborhood. He doesn’t feel the requirements have been met to get their variance, and the house could be moved closer to the road. He is concerned that the applicant’s representative has requested three continuations and it should be denied, or the commission can ask the applicant to refile. The applicant did not attend the hearing. Cyndi Moe moved to continue Brown to 11/7/07; seconded by John DiBlasio; passed 6-0.
Brand, 344 King Phillip Rd., Map 35, Parcel 178, NOI, demolish dwelling and replace with same, new garage, new well and new septic (Cont’d from 10/03/07). Emily Beebe, Gordon Peabody, Peter Hauge, and Mike Cole, builder, represented the applicant. Natural Heritage stated there were no issues. Beebe presented a revised plan dated 10/16/07. The basketball court has been reduced and will be out of the buffer zone, along with a reduction in size of the dwelling, and a revegetation plan. Peabody stated the platform is still part of the proposal but the handicapped accessibility is not an issue. Hague proposes the platform could be prefabricated in the driveway and hand carried down the beach and hand dug. A table would be placed in the middle of the platform. Agent
Greenberg stated the area is very sensitive and is already losing vegetation, even by hand. Haugue stated they could widen the posts and made a landing at the top of stairs using a cantilevered design. They are proposing an elevated walkway, and widening it to six feet. After further discussion, Beebe stated she wanted to withdraw the platform from the NOI. Beebe stated they have reduced the amount of house in the buffer zone. Ginie Page stated there will be 1400 sq feet within the 100 foot buffer zone. Beebe stated some of the vegetation will be reused immediately from one phase of building to another. Greenberg stated this plan is approvable under our regulations, and suggested the applicant think about going before the ZBA so the house would be out of the buffer zone entirely. Peabody provided a planting schedule. The start of construction would be approximately March 2008 and take 18 months. Reynolds asked if the
applicant would go to the ZBA to bring the house 20 feet out of the buffer. Hauge stated they are placing the house where it is already disturbed, and to pull it back would be more detrimental to the neighbor. There isn’t any objection from the abutters. There is a total 2,442 square feet total disturbance. Ginie stated the decking doesn’t allow light to get to the plants. Beebe stated they are holding the seaward edge of the dwelling. After discussion about the possibility of reducing the size of the dwelling, and other concerns of the Commission, Cyndi Moe moved to approve the site plan for Brand, revised plan 10/16/07, plan 2007-47; seconded by Dottie Dolan with conditions. 4-1 – 1. Supervisor: Cyndi Moe and Ginie Page.
Pickard, 35 Nauset Road, Map 28, Parcel 85, RDA, Second story addition. The applicant did not show up. Cyndi Moe moved to continue to 11/7/07; seconded by John DiBlasio; passed 6-0.
Keller, 855 Chequessett Neck Rd., Map 19, Parcel 104, NOI, extend existing revetment. David Lajoie represented the applicant and gave an overview of the project to extend the wall with rocks. Moe asked why they were using rocks and requested zigzag fencing. Agent Greenberg asked if they filed with Natural Heritage. In 1998, the original revetment was built; however, it suffered erosion. The plan is to add more and keep it 16 feet away from the abutter on the west. There will be snow fencing as well in the 16 foot area. Cyndi Moe requested a zig zag fence and add sand behind it because the area is very low. Dottie Dolan suggested seeing the return fixed. Agent Greenberg told Lajoie to advise the applicant there will be a nourishment plan. Dottie
Moe moved to continue to 11/7/07; seconded Ginie Page; passed 6-0.
Clisby, 50 First Avenue, Map 30, Parcel 125, NOI, installation of a gabion wall for erosion control. David Lajoie represented the applicant and gave an overview of the project. Instead of using stone, they are requesting a gabion wall, using fill and do plantings for erosion control. He is trying to save two oak trees. Cyndi Moe questioned the high tide area. Ginie Page noted there is water running down the beach from the decking. Greenberg asked if the trees could be guarded with a retaining wall and plant beach grass. Lajoie stated the gabion is for the storm tides and the applicant needs access to the beach. Emily Beebe presented a letter of objection on behalf of her mother because there are no revetments in the area and they create adverse affects on the beach.
Greenberg read the comments/questions from the state. There is a dune on the south side of the property, with a transition area which becomes a bank. Lajoie stated he doesn’t consider a gabion wall rock revetment. The commission requested Lajoie come back with a soft solution. Cyndi Moe moved to continue to 11/7/07; seconded by Terry Gips; passed 6-0.
Zimmerman, 715 Chequessett Neck Rd., Map 19, Parcel 113, NOI, Revetment repair. Mark Burgess and Don Monroe of Coastal Engineering gave an overview of the project. A revised plan was presented to the commission. The rock revetment is failing. Access will be through the Chequessett Yacht Club ramp. All the work will be within the original footprint and the work will be done above mean high water, one section at a time. DEP has not assigned a number as yet. Greenberg stated there is an old cesspool in the area which was not filled in or removed. It does have a cover on it and Greenberg suggested it be filled. They will be utilizing the existing rocks. Greenberg felt it should be sent to DMF due to the mean high water. There was
discussion regarding the mean high water area. Greenberg requested a revised plan identifying the elevations. Cyndi Moe moved to continue to 12/05/07; seconded by Dottie Dolan; passed 6-0.
O’Connor, 90 LeCount Hollow Road, Map 30, Parcel 9, NOI, construct full foundation under existing single family dwelling located in the buffer zone. The applicant requested a continuation to 11/7/07. Cyndi Moe moved to continue to 11/7/07; seconded by Dottie Dolan; passed 6-0.
Cyndi Moe moved to adjourn at 7:00 pm; seconded by Dottie Dolan; passed 6-0.
Respectfully submitted,
Christine A. Bates
Committee Secretary
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