Minutes of Conservation Commission Public Meeting
Date: April 15, 2009
Time: 4:00 pm
Location: Town Hall Hearing Room
Commissioners Present: Co-Chair Ginie Page, John DiBlasio, Cyndi Moe, Patrick Winslow and Terry Gips.
Staff Present: Agent Hillary Greenberg, Assistant Agent Andrew Petty, and Christine Bates, Committee Secretary
Regrets: Ed Reynolds
Business Meeting:
Ginie Page called the business meeting to order at 4:00 pm.
Cyndi Moe moved to approve the March 4, 2009 meeting minutes as corrected; seconded by John DiBlasio; passed 5-0.
John DiBlasio moved to approve the March 18, 2009 meeting minutes as amended; seconded by Terry Gips; passed 5-0.
Terry Gips moved to approve the April 1, 2009 meeting minutes as amended; seconded by Cyndi Moe; passed 4-0.
MAIL: MACC newsletter and Wildlife Nurseries bulletin.
Jurisdictional Opinions:
Nancy Read, construct new deck, 15649 State Hwy, there will be no disturbance to the ground, only replacing the wood. Terry Gips moved the approval of the Jurisdictional Opinion; seconded by Patrick Winslow; passed 4-0. (Cyndi Moe recused herself).
Sarah Robin, 29 Briar Lane (Flying Fish), needs to install two sonotubes on back side of building in area that has already been disturbed. Terry Gips moved for a filing of a RDA; seconded by Cyndi Moe; passed 5-0.
There was discussion regarding the water on the golf course, and the lack of managing the water to the creeks and streams.
Emily Beebe, Jeanne Schaefer, and Lorrie Vanderschmidt of the Water Commission came before the Commission to give an overview of the two articles going before the Town Meeting which would fund expansion of the town water system: a water tank, new well, and three miles of water lines in the central district. Connections will be voluntary. The municipal buildings of the Town are the main users of the Coles Neck public water system with a few residential properties as well as a few commercial businesses. Beebe gave an overview of the current pipelines, proposed lines, elevated storage tank, and fire hydrants, which would be activated with the new water system. Homeowners insurances rates will decline once the hydrants are activated. Beebe explained that the fee for residential hook
up will be approximately $10,000 although there will be reduced rate of $5,000 the first year, $6,000 for the next year, etc.. Patrick Winslow asked what the other costs will be regarding maintenance. Beebe noted that the current system is managed by White Water through a contract. The annual fee will go up with the expanded systtem. There will be special connection fees for condominium and trailer park hook ups. There was discussion about the quality of the water and if it has improved over the years; water testing has been done since the 1980’s and little change has been seen. It is difficult to determine what the nitrates were a hundred years ago versus what it is today because there are no records.
Dana Drew and David Lajoie came back to the Commission with a planting mitigation plan for the property at 80 2nd Ave. Cyndi Moe moved to accept the 4/09/2009 planting mitigation with a 100% survival rate on the plants; seconded by Terry Gips; passed 5-0.
Public Hearings 5:00 pm:
5:00 pm
Boratko, Map 35, Parcel 26 (off Old Wharf Rd.,) Release of Town owned Land (Cont’d from 4/01/09). Cyndi Moe moved to continue to 5/6/09 at the request of the applicant, seconded by John DiBlasio; passed 5-0.
5:03 pm
MA Audubon, Amendment to Order of Conditions, Oyster Reef (Cont’d from 4/01/09). Bob Prescott distributed a letter from the Division of Marine Fisheries stating the project is fine. Terry Gips moved to approve the amendment to the order of conditions; seconded by John DiBlasio; passed 5-0.
5:07 pm
Chequessett Yacht & Country Club, 680 Chequessett Neck Rd., Map 19, Parcels 81, 115, 101, and 111: Certificate of Compliance for two Orders of Condition. Ginie Page made a site visit and states everything is in order. Ginie Page moved to approve the Certificate of Compliance, seconded by Cyndi Moe; passed 5-0.
5:12 pm
Stossel, 85 Billingsgate Rd., Map 34, Parcel 16: Amendment to Order of Conditions (SE77-1176) Construct impervious driveway surface in steep sections and clarification of impact within 100’ buffer zone. Patrick Winslow recused himself. Stan Humphries, Paul Kruger, architect and David Lajoie represented the applicant. Lajoie gave an overview of the area of the driveway they wanted to pave, as well as the location of drainage ditches and berms. Seth Wilkerson, provided an exhibit which described the water distribution/filtration (bio-filtration system). DiBlasio expressed concern with pavement. Terry Gips moved to approve the amendment to the order of conditions with the addition of the bio-filtration system to the plan and an 80% survival planting rate; seconded
by Cyndi Moe; passed 3-1.
5:30 pm
Stossel, 85 Billingsgate Rd., Map 34, Parcel 16: Amendment to Order of Conditions (SE77-1164) modification to stairway on coastal bank. Seth Wilkerson provided further information regarding the plantings. Stan Humphries described a shifted location for the stairs and Kruger described a slightly larger deck at the top to accommodate chairs for 4 people. Wilkerson stated vegetation could take place under the decking. The original approved deck was 8 x 10 and the proposed deck is 10 x 12. There was discussion regarding the size of the decking which was approved in May 2008. Terry Gips moved to accept the Amendment as presented in the “as-built” stairway plans of 8/13/08; seconded by Cyndi Moe; passed 3, with DiBlasio abstaining.
6:05 pm
Nicholson, 11 Partridge Way, Map 22, Parcel 24, RDA, Construct single family dwelling. William Nicholson represented himself and gave an overview of the project, stated he had received an approval for an RDA in 1996. Since the Town regulations have changed, the Commission requested Nicholson to submit a NOI. Cyndi Moe moved to allow Nicholson to withdraw without prejudice; seconded by John DiBlasio; passed 5-0.
6:13 pm
Pattyson, 31 Samoset Ave., Map 28, Parcel 119, NOI, Installation of beach stairs. David Lajoie of Felco represented the applicant and gave an overview of the project. There was one owner of both properties and one parcel has since been sold separately. There was a set of stairs from the abutting property and both properties used the same stairway. Cyndi Moe expressed concern about constructing new stairs due to the potential damage to the bank and a dune at the bottom. The dune is currently stable due to extensive and varied vegetation. David Lajoie stated he would like a continuation. Cyndi Moe moved to continue to 5/6/09; seconded by John DiBlasio; passed 5-0.
6:30 pm
Risha, LLC (Zelinsky), 170 Pond Ave, Map 29, Parcel 382, NOI, 40B Affordable Housing Units (construct three townhouse condominium homeownership units, one of which is to be affordable). Ginie Page recused herself. Ginie Page moved to nominate Cyndi Moe as the Chair; seconded by Terry Gips; passed 4-0. Terry Gips acknowledged she has been a part of the Drummer Cove Association. Attorney Robert Devin and Katlyn Siddell of East Cape Engineering represented the applicants. There has been no response from MESA at this point. Siddell gave an overview of the project, stating the three units would be within the ACEC, within the 100 foot buffer zone, the septic system and car ports out of the buffer zone. She emphasized this is a 40B project which does not need to meet local
Environmental regulations. As proposed, she does not expect this project to do any damage to the coastal bank. There will be dry wells for roof runoff. There will be an I/A septic system, and the disturbed areas of the site will be landscaped in a way similar to the existing natural plants. The units have been placed on the site for best access to the driveway and to accommodate the turning of cars as they park. The dwellings will have full foundations and Agent Greenberg requested a concrete overpour protocol. There will be no dedicated yards and there are no plans for any concrete landings, patios or grilling areas. There will be vegetated swales worked into the plan. The current fencing will be removed. Terry Gips asked about the safety of children playing in the parking area, and the fire risk of grills. Attorney Devin stated he doubted there would be any children living in the housing units. Letters opposing the
project were read into the record from the Open Space Committee, Fred Ehrlich, Peter and Eleanor Santos, and Anne Hile. Attorney Devin gave an overview of how the cost of the affordable unit would be determined.
Attorney Bruce Bierhans, representing the Drummers Cove Association, stated that the benefits of only one affordable housing unit will not outweigh the benefits to the environment of leaving the site undeveloped. He indicated that it was up to the ZBA to determine the relative benefits. Emily Beebe stated she would like to see additional building protocol, a landscaping plan, and information about limiting wildlife impediments and availability of food for animals. Patrick Winslow stated one additional affordable housing unit is very important in this town because he sees young people leaving. John DiBlasio moved to continue to 5/6/09; seconded by Patrick Winslow; passed 4-0.
Terry Gips moved to adjourn at 6:55 pm; seconded by Patrick Winslow; passed 5-0.
Respectfully submitted,
Christine A. Bates, Committee Secretary
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