Minutes of Conservation Commission Public Meeting
Date: January 21, 2009
Time: 4:00 pm
Location: Town Hall Hearing Room
Commissioners Present: Co-Chair Ed Reynolds, Co-Chair Ginie Page, Patrick Winslow, Dottie Dolan, John DiBlasio and Terry Gips.
Staff Present: Agent Hillary Greenberg, Assistant Agent Andrew Petty, Hillary Greenbergand Christine Bates, Committee Secretary
Regrets: Cyndi Moe
4:00 - Business Meeting & Conservation Agent's Report
Co-Chair Ed Reynolds opened the meeting at 4:00 pm.
Jurisdictional Opinion: Dave Lyons, 10 Hiawatha Road, replace a stoop within the 100 foot buffer zone. Dottie Dolan moved to approve the Jurisdictional Opinion; seconded by John DiBlasio; passed 6-0.
Certificate of Compliance, 269 Pilgrim Road, George Meyer. Andrew Petty made a site visit and stated the project was complete. Terry Gips moved to approve the Certificate of Compliance; seconded by Patrick Winslow; passed 6-0.
Dottie Dolan reported the National Marine Division is still collecting data, and inquired where is the closest city from which people come for day visits to placePlaceNameNewcomb Hollow Beach; the answer was none because there is no parking at Newcomb without a weekly or seasonal pass. They also wanted to know if there is a recycling program in the Town and the response is a mandated recycling program started in August 1995. Ginie recommended placing recycling bins at the bath houses. Andrew Petty stated the idea was being explored. He also said that an income from recycling would probably be retained by the town rather than being available for a non-profit such as the Boy Scouts or a Church..
Andrew Petty stated a letter was written to the Mobile Gas Station regarding the tires near the Gilmore property, and they responded they would move them. The tent issue at Gilmore’s has been delegated to Paul Murphy, the Building Inspector.
Ginie Page moved to approve the meeting minutes of December 17, 2008 as amended; seconded by Terry Gips; passed 6-0.
Patrick Winslow moved to approve the meeting minutes of January 7, 2009 as presented; seconded by Ginie Page; passed 6-0.
Mail:
· MACC fee increase notification
· Coastal Zone Management – identifying land for recreational purposes. Federal FY 2010 Funding available.
· Land Acquisition– State grant program for municipalities purchasing land for conservation and passive recreation.
· Don Lewis sent information regarding turtles located by 1440 Chequessett Neck Rd. It was recommended that a Jurisdictional Opinion be written up to remove telephone poles in the marsh across the road from 1440 Chequessett Neck Rd.
There was discussion regarding commissioners observing violations of Order of Conditions and the proper procedure to follow to notify the owners. If the Order of Conditions is still open, a commissioner can go on the property. Otherwise, permission must be granted to go on anyone’s property. Petty stated either he or Hillary Greenberg would send a letter noting the violation and set up a scheduled site visit.
Dottie Dolan has formally resigned and she stated she has enjoyed working on the Commission.
Ginie Page moved to nominate Terry Gips to the Community Preservation Committee; seconded by Dottie Dolan; passed 5-0.
Andrew Petty stated the ACEC regulations will be reviewed in order for the audience to understand them.
Public Hearings 5:00 pm:
5:00 pm
Wechsler, 101 Samoset Ave., Map 28, Parcel 110, RDA, revetment repair. Jay Norton of Coastal Engineering stated additional repairs are required due to the concrete falling off the existing revetment. There will be no excavation, only power washing, additional cleaning, and water proofing; no heavy equipment will be required. The debris will be removed from site. Access will be from the owner’s property and the work will take approximately four to five weeks. John DiBlasio identified this as a Negative 3; seconded by Dottie Dolan; passed 6-0.
5:09 pm
Barrett, 12 Ione Rd., Map 28, Parcel 57, NOI, enlarge decking. Chet Lay of Slade Associates gave an overview of the project, stating the applicant changed the original plan and keep the stairs on the east side of the deck in order to satisfy the immediate abutters. The project has received Zoning Board of Appeals approval. There will be no additional excavation and the patio under the deck will not be modified. Agent Greenberg read letters from abutter Boelhouwer and Tyler supporting the project. Terry Gips moved to approve the NOI; seconded by Ginie Page; passed 6-0. Supervisor: John DiBlasio
5:18 pm
Woods, 150 3rd St., Map 40, Parcel 98, NOI, Installation of sand drift fencing with beach nourishment. Both the MA Audubon and Woods hearing will take place together. Stan Humphries from LEC and Attorney Don Nagle represented the applicant. Nagle gave an overview of the Woods property lines, identifying the paper roads in the area, as well as the MA Audubon property. Humphries described the materials to be used in the project, along with the amount of nourishment. Natural Heritage has not responded as yet, nor has a DEP number been assigned. Humphries stated they could not extend the project to other parcels because of property lines. Storage for the nourishment will be in the Woods driveway and a small excavator will be used to move it to its
proper location. Mr. Woods stated he is
looking for a long term solution, but it would have to include additional properties in the area. Humphries stated the erosion rate is 9 to 10 feet per year. It will take approximately 865 cubic yards of sand for the beach area and another 80 cubic yards for the dune area. Patrick Winslow stated there are oysters in the area and expressed concern for shell fishing and habitat. Ed Reynolds suggested getting an outside consultant for the Commission.
Abutter Randall Carpenter stated he is concerned with losing the beach and having the spit erode and therefore, he supports this project .
Agent Greenberg stated the representative for Woods, LEC, needs to strike “This erosion mitigation ……. erosion on the subject properties.” from Section 4 from the Notice of Intent. “…..until a more lasting remedy can be accomplished” also needs to be stricken from Section 6 of the Summary.
Peter Rosen, a coastal geologist working with abutter Brimm, stated he is supportive of the project. He stated he has been monitoring the Brimm property and has observed the sand is moving eastward. He confirmed this is piping plover and terrapin habitat. Rosen stated if the project is approved, he would like to see conditions set that triggers the applicant to renourish in order to keep the fencing covered. He read a statement from the narrative which he recommended be removed. Attorney Nagle stated this project is to stop the current erosion taking place which he attributed to lack of natural nourishment that previously came from the shoreline west of the Woods property.
Bob Prescott stated the MA Audubon property has suffered from lack of sand and the habitat is now marginal. placeCityPrescott stated this is Wood’s project, and this is an opportunity for MA Heritage and the other regulators of the State to get involved and add their support or concerns.
Mr. Woods stated he would be liable and responsible for any injuries with the fencing. Prescott stated MA Audubon would monitor the area. Andrew Petty questioned Prescott how the timing of the nourishment would take place during the Piping Plover and terrapin season and placeCityPrescott responded it would have to be monitored and emergency nourishment would take place.
Greenberg recommended the commission make a site visit with Humphries and possibly Chet Lay. John DiBlasio moved to continue to February 4, 2009; seconded by Ginie Page; passed 6-0.
MA Audubon, Lt. Island Rd., Map 40, Parcel 101, NOI, Installation of sand drift fencing and beach nourishment. Dottie Dolan moved to continue the hearing to February 4, 2009, seconded by Ginie Page; passed 6-0.
Ginie Page moved to adjourn at 6:30 pm; seconded by John DiBlasio; passed 6-0.
Respectfully submitted,
Christine A. Bates, Committee Secretary
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