Minutes of Conservation Commission Public Meeting
Date: March 19, 2008
Time: 4:00 pm
Location: Town Hall Hearing Room
Commissioners Present: Co-Chair Dottie Dolan, Co-Chair Edwin Reynolds, John DiBlasio, Ginie Page, Cyndi Moe, and Terry Gips,
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 Dottie Dolan opened the meeting at 4:00 pm.
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Agent’s Report:
· The Extension for Order of Conditions for Yankelovitch required a new signature page.
· Town Meeting Articles
Article 23 – 105 Pilgrim Spring Rd, Map 29, Parcel 282.2: Discussion took place regarding the use of the property and if people could access it and walk on it. Ginie Page moved to recommend a positive vote for Article 23; seconded by Ed Reynolds; passed 6-0.
Article 26 – work performed by DEP: Cyndi Moe moved to recommend Article 26; seconded by John DiBlasio; passed 6-0.
Article 31 – Map 28, Parcels 80 and 82: There was discussion regarding the Commission’s responsibility for enforcement, based on the abuse taking place at this location. Agent Greenberg stated the property is already Town owned and is protected under the Board of Selectmen. Cyndi Moe moved to NOT recommend Article 31; seconded by Ed
Reynolds; 4-1-1 (abstain). From the audience, Helen Miranda Wilson recommended writing a letter to the Selectmen requesting the Warrant be rewritten to delete placeLot 80. Terry Gips moved to have Agent Greenberg write a letter to the Selectmen to remove placeLot 80 from Article 31; seconded John DiBlasio; 5-1.
Article 34: Ginie Page moved to recommend Article 34; seconded by John DiBlasio; passed 5-1.
· Policy for the Storage of Barges: Agent Greenberg reviewed the letters (dated 2006) discussed at the last meeting. She drafted some language which stated all motorized vessels, floats and all barges that are not legally moored or docked with the proper approvals from the Harbormaster, be removed from the water prior to the threat of ice and be stored out of any and all Town areas. Helen Miranda Wilson, representing the Shellfish Advisory Committee, questioned if there should be a size restriction, and she asked how the Conservation Commission found areas for storing recreational vessels (kayaks, small sailboats). She asked why the Commission
would not provide a place for shell fisherman and their vessels. Agent Greenberg stated the storage for kayaks, etc. will not be a winter storage area and they will be removed by the town at a certain date. Discussion followed with regards to allowing one or two people to store their boats or barges in a specified area and what the potential fall out would be in controlling the number of vessels by other people wanting to use the area as well. Agent Greenberg stated the barge owners should come to the Conservation Commission with a recommendation on where to store the barges. Several people on the commission feel it is the responsibility of the owners to remove their vessels at their own expense. John DiBlasio moved to have Agent Greenberg present the draft policy to the Board of Selectmen; seconded by Terry Gips; passed. Cyndi Moe will make the presentation to the Board of Selectmen. Agent Greenberg will forward the draft
policy to the Shellfish Advisory Board, Marina Advisory Board and Dept. Heads.
· Captain Higgins/ Bookstore Restaurant. Agent Greenberg reported the Bookstore restaurant is in failure and is coming to the Board of Health. Captain Higgins is no longer a restaurant because it was determined the use had been abandoned. Agent Greenberg has been talking to Chris Costa regarding waste water management for a feasibility study to see if something could be done in that area.
· Blasch (Billboard house) Agent Greenberg reported the Board of Selectmen are going to appeal Paul Murphy’s decision to issue a building permit.
Mail:
· A copy of an Emergency Order for removing the deck at 27 Ocean View Drive which was going to go over the bank.
· Various newsletters, announcements, and brochures.
· Ginie Page displayed a subdivision site plan which is not in our jurisdiction. Ginie Page moved to recommend “no comments” of the subdivision proposed by Jim Arnold; seconded by Cyndi Moe; passed 6-0.
Public Hearings:
5:00 pm Lackner, 66 Hiawatha Rd., Map 28, Parcel 178, RDA, reconstruct and enlarge deck. Ms. Lackner gave an overview of the project and stated the old deck needed to be removed. It is located 10 feet into the 100 foot buffer zone now and the new decking would increase the intrusion by approximately 18 square feet. She stated she wanted to remove the cement slab to create a water garden. Agent Greenberg expressed concern with regrading and excavation for the entrance into the basement; however it was determined to be out of the 100 foot buffer zone. John DiBlasio moved to identify this as a Negative 3; seconded by Ed Reynolds; passed 6-0.
5:14 pm Stossel, 85 Billingsgate Rd., Map 34, Parcel 116, NOI, coastal stabilization with gabion mattresses, gabion baskets, coir envelopes and sediments, wood stairway and revegetation (Cont’d from 02/20/08) Stan Humphries represented the applicant and reviewed the changes requested by the Commission (identifying the ACEC, dwelling project description, elevations of bank, etc.). There will be no excavation on this project. Agent Greenberg stated the Commission will still require a PE signed plan and requested an alternative analysis. Discussion included how the mattresses would take the oversplash of waves and not allow the revetment to collapse; the sand cover will be maintained to the adjacent beach; and all materials will be anchored on the bank to avoid the sand sliding
down. After discussion, it was determined the original dwelling located within the 50 foot buffer zone will remain in that location. Humphries referred to the bank as a “vertical buffer” and would require renourishment. Dave Lager of Netco gave an overview of the gabion baskets and mattresses and the anchoring system used to secure the basketsinto the bank. Donald Schall, also working on the project, recommended utilizing bayberry for nitrogen removal. There will be minor fertilizer use and some irrigation. Agent Greenberg requested a maintenance plan for the vegetation. An 8’ x 8’ storage locker is proposed at the end of the stairs on the beach. Agent Greenberg requested a revised plan identifying all the changes. Cyndi Moe moved to continue the hearing to April 2, 2008; seconded by Ed Reynolds; passed 6-0.
5:59 pm Massari, 244 King Phillip Rd., Map 34, Parcel 13, NOI, coastal stabilization with gabion mattresses, gabion baskets, coir envelopes and sediments Since this is connected to the Stossel hearing, it will be heard at the next meeting. Ed Reynolds moved to continue to April 2, 2008; seconded by John DiBlasio; passed 6-0.
6:00 pm Risch, 95 Billingsgate Rd., Map 28, Parcel 232, NOI, coastal stabilization with gabion mattresses, gabion baskets, coir envelopes and sediments SE77-1172. Since this is connected to the Stossel hearing, it will be heard at the next meeting. Ed Reynolds moved to continue to April 2, 2008; seconded by Cyndi Moe; passed 6-0.
6:03 pm Thaler, 250 Meadow Ave West, Map 40, Parcel 158, NOI, use of sandbags and sand drift fencing. Katelyn Merrill of East Cape Engineering represented the applicant and stated this is a preliminary filing at this point. The applicant feels there has been accelerated erosion since the installation of the revetment to the north of his property. The bank is not vegetated. The access will be through the applicant’s property, sand bags will be filled on the beach and constructed in a tiered fashion. The bags would be covered with sand and vegetated. Merrill recommended planting various grasses for the staging area which could be replanted. Agent Greenberg expressed concern with the use of sandbags in the V zone because they are not permanent. Andrew Petty
suggested double zig zag fencing and vegetation. It was suggested that an earthen ramp be left on the northwest corner of Lt. Island. There are piping plover in the area. It was recommended that Jim O’Connell make a site visit to the property and make a determination if it is a dune, and to look at the environmental issues with the property. Agent Greenberg requested Merrill to ask if they would be willing to use the northeast area as an access path for other properties on Lt. Island which require nourishment. Cyndi Moe moved to continue indefinitely; seconded by Ginie Page; passed 6-0.
6:30 pm Black, 85 Chequessett, Map 19, Parcel 138, NOI, remove deck and construct raised deck, landscape. Brandon Sackett of Architect Studio, provided revised plans and gave an overview of the project. There would be very little disturbance to the current vegetation. The Commission required Sackett to renourish the coastal beach on an annual basis. Regrading will be required after the concrete patio is removed. Ginie Page moved to approve the NOI with conditions; seconded by Cyndi Moe; passed 6-0 with conditions. The supervisor is Ginie Page.
7:47 pm Nassos Daphnis, 420 Cove Rd., Map 28, Parcel 26, Amendment to NOI, Increase footprint of dwelling and decking. Gary Lock, engineer, represented the applicant and gave an overview of the project. Because of health issues in the family, they want to add a therapy pool and therapy room. There will be no change in the vegetation plan other than a hydrangea and juniper near the corner where the addition will take place. Lock stated the original Order of Conditions will be followed. Cyndi Moe moved to approve the Amendment; seconded by Terry Gips; passed 6-0 with conditions. Supervisor is Cyndi Moe.
Business Meeting (Cont’d):
Additional mail review
Cyndi Moe moved to approve the February 20, 2008 meeting minutes as amended; seconded by Ginie Page; passed 5-0.
Terry Gips moved to approve the March 5, 2008 meeting minutes as amended; seconded by Ed Reynolds; passed 5-0.
Cyndi Moe moved to adjourn at 7:15 pm; seconded by Ginie Page; passed 6-0.
Respectfully submitted,
Christine A. Bates, Committee Secretary
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