Minutes of Conservation Commission Public Meeting
Date: April 1, 2009
Time: 4:00 pm
Location: Town Hall Hearing Room
Commissioners Present: Co-Chair Ginie Page, John DiBlasio, Patrick Winslow and Terry Gips.
Staff Present: Agent Hillary Greenberg, Assistant Agent Andrew Petty, and Christine Bates, Committee Secretary
Regrets: Ed Reynolds and Cyndi Moe
Business Meeting:
Ginie Page called the business meeting to order at timeHour16Minute04:00 pm.
Warrants for Town Meeting:
Article 18: Pinto Property at Drummer Cove. Terry Gips moved to recommend Article 18; seconded by Patrick Winslow; passed 4-0.
Article 30: Wind Turbines in National Park. Patrick Winslow moved to recommend Article 30; seconded by John DiBlasio; passed 4-0.
Article 31: General regulations for Wind Turbines. John DiBlasio moved to recommend Article 31; seconded by Terry Gips; passed 4-0.
Article 32: Public Water Supply. Terry Gips moved to recommend Article 32; seconded by Ginie Page; vote 2 in favor and two abstaining.
Jurisdictional Opinions:
Boathouse Fish Market - replace the awning, no work on the ground. John DiBlasio moved to approve the Jurisdictional Opinion; seconded by Terry Gips; passed 4-0.
30 Wigwam Avenue – remove 11 pine trees. Terry Gips moved to approve the Jurisdictional Opinion; seconded by Patrick Winslow; passed 3-1.
1649 State Hwy, deck sits within 50’ filter strip, contractor requesting to do investigation on the footings of the deck. John DiBlasio moved to approve the Jurisdictional Opinion; seconded by Patrick Winslow; passed 4-0.
Replacement of the freestanding bandstand at the marina. Terry Gips moved to approve the Jurisdictional Opinion; seconded by John DiBlasio; passed 4-0.
The ACEC regulations will go into effect on July 1, 2009.
Jacqueline Collins, 51 9th St., Map 40, Parcel 156: Ms. Collins attended the meeting without counsel regarding the beach renourishment on Lt. Island. She stated the revetment that is currently on the property is over 25 years old, and at high tide, it is completely covered by water. She stated she was not aware of required renourishment as she received the property in a settlement and didn’t look at paperwork involved with the property. Agent Greenberg advised Collins she could renourish the revetment or hire a Coastal Geologist to assess her concerns and the need or lack of sand renourishment. The original conditions state to renourish “as needed or until not feasible” and Collins stated she had not received any notification from DEP. Collins will return to the
Commission on May 6, 2009 with a plan.
Dana Drew, 80 2nd Ave, received a cease and desist order because the work being done was not approved. David Lajoie identified the changes, noting there is a 16 square foot increase within the buffer zone. Andrew Petty stated it is approximately 140 square feet including the decking. The commission will make a site visit. The contractor will be allowed to work on the interior of the dwelling. David Lajoie will come back on April 15, 2009 with a planting mitigation plan.
Massasoit Trailer Park (Parkington). Attorney Ben Zehnder stated Parkington is seeking a Special Permit from the ZBA. He gave an overview of the project which includes replacing mobile units. Zehnder stated the Building Inspector recommended Parkington get a blanket Special Permit for the periodic replacement of units. A new waste water treatment plant will be placed within the park and there is an interim septic system in place now. There are currently less than 90 units in the park and the number will be increased to 113. Zehnder displayed an old plan identifying several units that were within the wetlands in the 1990’s. The current plan is to have seven units located within the 100 foot buffer zone, but the time of their installation is not yet determined; these increases
might take place over a period of time. Zehnder requested the Conservation Commission make recommendations and comments to the ZBA. He suggested that each unit placed within the buffer zone would have to come individually to the Commission. A letter from Frank Ganek was read into the record, opposing the seven units within the buffer zone. A letter from Cohen, an abutter, requested the Commission send a letter to the ZBA which he composed. Ginie Page told Zehnder the Commission would require a site plan with better delineations, identifying all wetlands, the 50’ and 100’ buffer zones. Carmen Saro, abutter, stated there have not been any units within the buffer zones for over 10 years and would like to see the 7 trailers eliminated from the wetland areas. Bob Prescott asked if MESA had been notified and he stated there are box turtles on the site.
Public Hearings: 5:30 pm
6:40 pm
Boratko, Map 35, Parcel 26 (off Old Wharf Rd.,) Release of Town owned Land.
At the request of Attorney Ben Zehnder, Ginie Page moved to continue to April 15, 2009; seconded by Patrick Winslow; passed 4-0
6:45 pm.
Coser, 250 Commercial St., Map 21, Parcel 106, Request for extension of Order of Conditions. Katlyn Siddell of East Cape Engineering requested a two year extension to allow for the completion of the septic system upgrade and any other proposed changes that might take place. Terry Gips moved to approve a two year extension; seconded by John DiBlasio; passed 4-0.
6:31 pm
Kepes, 305 Way #625, Map 16, Parcel 632, RDA, addition to existing studio. Chet Lay of Slade Associates gave an overview of the project, stating there will be an 8 x 8 cantalevered addition to the studio. John DiBlasio identified this as a Negative 3; seconded by Terry Gips; passed 4-0
6:35 pm
Walker, 90 Coles Neck Rd., Map 8, Parcel 189, NOI, Construct single family dwelling, driveway and well (Cont’d from 3/18/09). Chet Lay stated the site had been redesigned, taking all the work out of the buffer zones with the exception of the driveway. The driveway will consist of pervious materials and will be stabilized with native plantings. Terry Gips moved to approve the NOI which involves the driveway only; seconded by John DiBlaiso; passed 4-0. Supervisor: John DiBlaiso
5:30 pm
Thayler, 250 Meadow Ave West, Map 40, Parcel 158, NOI, installation of sandbags and sand drift fencing (Cont’d from 3/18/09). Attorney Sarah Torranas Flores, attorney for Thayler, came forward with Stan Humphries, Katlyn Siddell and Seth Wilkerson. Flores gave a history of the property, stating there are issues with turtles and plovers. Siddell stated they are proposing coir matting which will provide a soft solution. Seth Wilkerson stated he had discussions with MA Audubon and Don Lewis regarding plantings, and the current plan is to plant along the toe, perform renourishment on the beach, removing invasive plants from the bank, all of which would benefit the terrapins and plovers. Humphries stated new plans will be submitted identifying how the coir matting will be
designed, including a sloping “ramp” between layers with renourishment on top, to enable terrapins to climb the bank. Humphries described the anchoring and production of the coir mats which are biodegradable. Flores stated there are insurance policies in order to remove the matting if necessary. Don Lewis stated he has been working with the applicants as well as Natural Heritage to test this method. He indicated it will offer a good opportunity to evaluate the design solution. He stated that there needs to be sufficient sand above the coirs for the terrapin nests and that he is opposed to plantings on the banks. He stated the Commission should determine what kind of energy the water will transfer to start eroding and scouring toward the south. Bob Prescott stated the land may be classified as a dune versus a coastal bank and the house may need protecting as well as protecting the bank. Prescott suggested some work be done on
Tenth Street and the Thaylers may need to work with the neighbors to stabilize the north corner where there is currently scouring. Humphries stated he tested the sand and used geological maps to determine what is a dune and what is a coastal bank. Prescott was concerned with toe stabilization as well as planting of vegetation on the banks because over several years it would harden the area, affecting the turtles and plovers. There was discussion regarding the need to renourish after any storms. John DiBlasio moved to continue to May 6, 2009; seconded by PersonNameTerry Gips; passed 4-0.
MA Audubon, Amendment to Order of Conditions, oyster reef (Cont’d from 3/18/09). Bob Prescott and the Commission are still waiting for paperwork from the State. Terry Gips moved to continue to April 15, 2009, seconded by Patrick Winslow; passed 4-0.
Lt. Island Renourishment:
Bob Cary represented the Olives who have property on Lt. Island and requires renourishment. He stated the Olives are willing to place sand wherever the Commission wants them to and wants to keep the dialogue open with the staff. He stated he did not feel that the lack of renourishment at the Olive property has caused the Woods erosion. Agent Greenberg requested a report.
Peter Rosen, a Coastal Geologist, stated he was representing Mr. Brimm. He stated sand renourishment has been utilized and is working at other locations. He will tell Mr. Brimm he will have to renourish every year. He recommended every owner with property on the beach work together and renourish. He wanted to recommend building up a base with small gravel which will stay in place. The Commission requested Peter Rosen write up a plan and return to discuss his idea.
John DiBlasio moved to adjourn at 7:05 pm; seconded by Terry Gips, passed 4-0.
Respectfully submitted,
Christine A. Bates, Committee Secretary
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