Minutes of Conservation Commission Public Meeting
Date: May 6, 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. The Commission requested Assessors maps be available at the meeting to identify location of maps and parcels.
Jurisdictional Opinion:
Wendy Bronstein, 205 Commercial St., A-Z Tree Service requesting to top the cypress trees and shape up three other trees on the property. Cyndi Moe moved to approve the Jurisdictional Opinion; seconded by Terry Gips; passed 5-0.
45 Forest Rd., remove brush, trim bushes, plant native plants, construct floral bedding area. Cyndi Moe moved to approve the Jurisdictional Opinion; seconded by John DiBlasio; passed 5-0.
Agent Greenberg reported she submitted a grant request for $40,000 to study Mayo Creek. John Riehl, John Portnoy and Agent Greenberg will perform the monitoring.
Andrew Petty reported he made a site visit to the Pine Point area and cutting of trees is still going on. He did not notice any further disturbance at the Railroad Trestle. Petty reported he removed a large net and a water tank from the Gut area and Blasch allowed him to place it in his dumpster.
Mail: MASS Wildlife News, article on Masterful plantings (bio gardening).
John DiBlasio reported he is now the Chair of the Coastal and Pond Access Committee.
Cyndi Moe moved to approve the April 15, 2009 meeting minutes as corrected; seconded by Patrick Winslow; passed 5-0.
Public Hearings 5:00 pm:
Chequessett Yacht & Country Club, 675 Chequessett Neck Rd., Map 19, Parcel 115, Certificate of Compliance. Ginie Page, supervisor, stated the work was completed. Cyndi Moe moved to approve the Certificate of Compliance; seconded by John DiBlasio; passed 5-0 with the on-going condition of beach renourishment.
5:10 pm
Boratko, Map 35, Parcel 26 (off Old Wharf Rd), Release of Town owned Land (Cont’d from 4/01/09)
Attorney Ben Zehnder represented the applicant requesting Boratko purchase a parcel of Town land to install a septic system. He stated, in order to obtain the land the Commission would have to make a decision if the property should be kept in Conservation. If so, then it would have to go before all the other Boards in Town as well as to Town meeting, then passed on to the State. He explained there are three or four property owners interested in installing a shared well. He stated there could be a land swap or an easement granted on Town owned property, which the Town would control. Conditions could be set so that no building would take place on the property. Agent Greenberg requested Zehnder draft a conservation restriction for this property. Zehnder stated he would prefer
to write up conditions of the use of the property. Zehnder requested a continuation in order to compile conditions acceptable to the Commission. Terry Gips moved to continue to 5/20/09; seconded by Cyndi Moe; passed 5-0.
5:27 pm
Robin, 29 Briar Lane, Map 14, Parcel 26, RDA, Install two sonotubes under back decking. Sara Robin stated the back of the property had been cleaned up; that the decking size will not change; and that the installation of the posts for the bump-out for pizza oven will not increase encroachment in the wetlands. A platform on the posts will support the ovens. Sarah stated all holes will be hand dug and debris will be removed immediately. John DiBlasio moved to identify the RDA as a Negative 2; seconded by Cyndi Moe; passed 5-0 with the following conditions: silt fence during construction, plant blueberry bushes and notify Conservation office when work commences.
t5:40 pm
Pattyson, 31 Samoset Ave., Map 28, Parcel 119, NOI, Installation of beach stairs. David Lajoie represented the applicant. Agent Greenberg read a letter from the Pattyson’s, stating the previously shared stairs with 21 Samoset Avenue were no longer available to them since the sale of 21 Samoset; in addition, they want their own beach access and do not feel the public way to Hiawatha is an option. Cyndi Moe expressed concern with the proposed location of the beach stairs going on a dune that is nicely vegetated. There was discussion identifying a possible alternative access to the beach area, mitigations with additional plantings, adding a bottom platform, providing a path, symbolic signs, etc. Cyndi Moe moved to continue to 5/20/09; seconded by Terry Gips; passed 5-0.
timeMinute55Hour175:55 pm
Thayler, 250 Meadow Ave West, Map 40, Parcel 158, NOI, installation of sandbags and sand drift fencing (Cont’d from 3/18/09). At the request of the applicant, Terry Gips moved to continue to 5/20/09; seconded by Patrick Winslow; passed 5-0.
6:00 pm
Collins, 51 9th Street, Map 40, Parcel 156, NOI, Construct deck and stair (after the fact filing). Don Monroe from Coastal Engineering represented the applicant and gave an overview of the project which was performed. The new deck is approximately 8 x 8 feet and the existing deck, which will be removed, is 8’ x 10’. Paperwork from the State had not been received; therefore, Terry Gips moved to continue to 5/20/09; seconded by John DiBlasio; passed 5-0.
Monroe stated Coastal Engineering has contacted several of the owners of property in the area regarding nourishment. He stated they want to establish a baseline to determine how much sand needs to be put on the beach with all the properties. The owners want to make sure that what they nourish is protecting the properties and the beach, and Coastal Engineering wants to take profiles of the properties and compare them against information available from the 1980’s. At present, Monroe has five parties wanting to work together, and hopes fines will not be imposed at this point. He stated he will get the profiles completed in the next few weeks and forward them to the Conservation agent.
Don Nagle, representing Warren Woods, stated he looks at the nourishment condition as not being in compliance with previous Orders of Conditions. He is questioning any Certificate of Compliances being issued to those properties which have not placed sand on their beaches / revetments. He suggested the Board not issue any approvals until Collins comply with all previous Orders of Condition, even though it is an after the fact. Discussion will continue on 6/3/09 regarding the renourishment.
6:18 pm
Woods, 150 3rd St., Map 40, Parcel 101, NOI, Installation of sand drift fencing with beach nourishment (Cont’d from 3/18/09). Don Nagle, representing Warren Woods, stated this is a joint filing with MA Audubon and would like to have both cases heard at the same time. Brian Madden from LEC Environmental gave an overview of the updated plan, identifying the new location of the drift fencing, the elimination of the fencing on Audubon property, the relocation of a shed, and having 30 foot long segments with three (3) foot wide turtle gaps. He discussed the coir ramps and locations, along with nourishment materials. He stated all nesting habitat has been taken into consideration. He stated an escrow account will be set up to remove all the structures if components are
not in compliance. Clean cultch shells will be placed in the shellfish area. Agent Greenberg requested a revision with the new calculations to ensure the paperwork is complete and correct. Cyndi Moe moved to continue the hearing to 5/20/09; seconded by John DiBlasio; passed 5-0.
6:18 pm
MA Audubon, Lt. Island Rd., Map 40, Parcel 101, NOI, Installation of sand drift fencing and beach nourishment (Cont’d from 3/18/09). Bob Prescott of MA Audubon, stated no structures will be on their property, only nourishment. He stated MA Audubon will be monitoring the terrapins as well as the piping plovers on the site. Cyndi Moe moved to continue the hearing to 5/20/09; seconded by John DiBlasio; passed 5-0.
6:40 pm
Chequessett Yacht & Country Club, 675 Chequessett Neck Rd., Map 19, Parcel 115, RDA, construct 10’ x 30’ shed. At the request of the applicant, Ginie Page moved to continue to 5/20/09; seconded by Patrick Winslow; passed 5-0.
6:42 pm.
Risha, LLC (Zelinsky), 170 Pond Ave, Map 29, Parcel 382, NOI, 40B Affordable Housing Units (construct three townhouse condominium homeownership units with one unit being affordable housing) (Cont’d from 4/15/09). Ginie Page recused herself. Terry Gips moved that Cyndi Moe chair the hearing; seconded by Ginie Page; passed 5-0. Cyndi Moe read the meeting minutes of 4/15/09. Katlyn Siddel of East Cape Engineering identified a new leaching area for roof runoffs and drainage, a construction protocol, and the removal of debris after construction in a revised plan. She stated there is no take from Natural Heritage and a number was assigned from DEP. A letter from Ms. Solsky objecting to the project was read into the record. Ron Harper, abutter, read a letter objecting to the
project. Emily Beebe expressed concern with the unit closest to the wetlands and recommended a retaining wall be placed. Beebe also requested a landscape plan, stating plantings are not identified on the plan, as well as a specific protocol plan and a plan to re-stabilize the slope. Barbara Gray stated she is concerned with the box turtles and endangered species. Agent Greenberg stated Natural Heritage found the project will not adversely affect the species. She also stated a condition could be set on the property for a turtle nest.
Terry Gips moved to approve the NOI and requested it to read “………one of which is an affordable unit” with conditions; seconded by Patrick Winslow; passed 3-1.
Andrew Petty asked the Commission if they were going to write a letter to the ZBA regarding the Parkington trailer park. The Commission agreed Parkington would have to file a formal application and come before the Commission because they have not had site plans submitted to them nor have they done a site visit..
Cyndi Moe moved to adjourn at 7:40 pm; seconded by Patrick Winslow; passed 5-0.
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Respectfully submitted,
Christine A. Bates, Committee Secretary
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