Minutes of Conservation Commission Public Meeting
Date: May 20, 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:
Cyndi Moe moved to accept and sign the Deed, Conservation Restriction and Land Management Plan for the Pinto property (Drummer Cove Trailhead); seconded by John DiBlasio; passed 5-0.
Jurisdictional Opinions:
50 Higgins Lane, (Sisson), 15/120, install a test well for potential property conveyance. There will be no disturbance. Terry Gips moved to approve the Jurisdictional Opinion; seconded by Cyndi Moe;
passed 5-0.
107 Samoset Ave, 20/109, provide access covers for septic tank, distribution box and leaching chamber and filling in cesspools. Patrick Winslow moved to approve the Jurisdictional Opinion; seconded by John DiBlasio; passed 5-0.
Ziering, 115 Way 89, 29/285 (Cyndi Moe recused herself), dig 3 to 4 test holes along the perimeter of the dwelling to ensure sound footings. Terry Gips moved to approve the Jurisdictional Opinion; seconded by Patrick Winslow; passed 4-0.
200 Briar Lane (O’Neil) 13/114. Vegetable Garden and remove a shrub that is located within 50’ of the wetland. After a discussion, it was determined a new site plan needs to submitted to locate the chicken coop and the compost pile.
200 Briar Lane (O’Neil) 13/114 install chicken coop and be allowed to have 12 chickens. Agent Greenberg will contact the applicant for a new site plan. Terry Gips moved to request a plot plan for the garden and chicken coop; seconded by Cyndi Moe; passed 5-0.
The Commission proposed writing guidelines and making information available regarding gardens.
MAIL: A letter from John Riehl was received regarding the Oyster Shack’s proposed permanent location (at the end of Bank Street). It will be located temporarily at Mayo Beach.
The May 6, 2009 meeting minutes will be reviewed at the June 3, 2009 meeting.
Public Hearings:
5:00 pm
Sorrell (Pleasant Water Co.), Map 35, several parcels, Certificate of Compliance. Agent Greenberg reported the project was complete. John DiBlasio moved to approve the Certificate of Compliance; seconded by Cyndi Moe; passed 5-0.
5:03 pm
Boratko, Map 35, Parcel 26 (off Old Wharf Rd), Release of Town owned Land (Cont’d from 5/06/09). At the request of the applicant to do more research, Cyndi Moe moved to continue indefinitely; seconded by PersonNameTerry Gips; passed 5-0.
5:04 pm
Pattyson, 31 Samoset Ave., Map 28, Parcel 119, NOI, Installation of beach stairs (Cont’d from 5/06/09)
Meeting minutes of 5/6/09 were read into the record. David Lajoie of Felco, Inc. represented the applicant and provided revised plans indicating that the main stairs will be in the same location with the walkway turning right at the dune location, using snow fencing to guide people. Mitigation would be plantings at the top of the hill. There was discussion regarding the dune at the bottom of the stairway and people using the dune. Terry Gips moved to approve the NOI with conditions; seconded by Patrick Winslow 3 in favor; 2 opposed. Supervisor: Ginie Page
5:25 pm
Thayler, 250 Meadow Ave West, Map 40, Parcel 158, NOI, installation of sandbags and sand drift fencing (Cont’d from 5/06/09). At the request of the applicant, Cyndi Moe moved to continue to 6/3/09; seconded by Terry Gips; passed 5-0.
5:26 pm
Woods, 150 3rd St., Map 40, Parcel 101, NOI, Installation of sand drift fencing with beach nourishment (Cont’d from 5/06/09). Ginie Page read the meeting minutes of 5/6/09. The MA Audubon hearing will be heard jointly. Attorney Drew Hoyt represented the Woods and Brian Madden from LEC gave an overview of the project. Conditions set by Natural Heritage were discussed. The site plan has not changed. Atty Hoyt stated Woods would like the requirement of replacing culch shells deleted as a condition. Agent Greenberg suggested a shellfish survey be done. Bob Prescott suggested working with Andy Koch, Shellfish Warden, to place the culch shells in the appropriate locations where they will not be covered with sand. Prescott stated he did not feel culch
would have to be placed in the immediate area. Joanne Gorfinkle, abutter, wrote a letter to DEP regarding the project and the conditions she would like to see added, including access to the beach should the project be approved. Woods stated the Brimms were to provide access to the beach and Agent Greenberg stated we cannot force people to construct a stairway. Woods stated people access the beach on his property when he is not there. Madden stated most of the equipment will be lowered from the top of the bank. Home owners with frontage on 2nd Avenue will have beach access. The Commission advised Woods that they would appreciate mitigation by working with the Shellfish Warden to disburse culch. Woods expressed his concern with the lack of enforcement of renourishment with those parties that have revetments. Terry Gips moved to approve the NOI with conditions; seconded by John DiBlasio; passed 5-0.
Supervisor: Patrick Winslow/Agent Hillary Greenberg.
5:27 pm
MA Audubon, Lt. Island Rd., Map 40, Parcel 101, NOI, Installation of sand drift fencing and beach nourishment (Cont’d from 5/06/09). Meeting minutes of 5/6/09 were read into the record. (motion and vote from Woods applied to this hearing as well.
6:15pm
Collins 51 9th Street, Map 40, Parcel 156, NOI, Construct deck and stair (after the fact filing)
(Cont’d from 5/06/09). Meeting minutes from 5/06/09 were read into the record. Don Monroe represented the applicant. A site visit was made and the Commissioners were disturbed to see the stairways and the decking which they felt would not last long. Monroe stated mitigations could be additional planting at the top of the bank and he feels the bank is stable. Agent Greenberg stated there is additional erosion taking place versus what is shown on the plan and suggested a new survey be done.
Atty Drew Hoyt stated he didn’t feel a certificate of compliance could be issued for the renourishment because Collins is not in compliance. Hoyt provided aerial views of the Collins revetment from 1984 to 2007, showing and addition or extension to the south end of the revetment. Cyndi Moe moved to continue to 6/03/09; seconded by John DiBlasio; passed 5-0.
6:40 pm
Chequessett Yacht & Country Club, 675 Chequessett Neck Rd., Map 19, Parcel 115, NOI, construct 10’ x 30’ shed (Cont’d from 5/06/09). At the request of the applicant for a continuation; Terry Gips moved to continue to 6/3/09; seconded by Cyndi Moe; passed 5-0.
6:42 pm
Drew, 80 Second Ave., Map 40, Parcel 131, Amended Order of Conditions. David Lajoie represented the applicant and provided a new plan identifying a retaining wall and a new well location with proposed plantings. The plans that were previously approved by the Commission are different than what has been built thus far on the property and which were approved by the Building Inspector. There is a double door access in the basement which was not approved by the Commission. Agent Greenberg stated the people could not reside in the structure until the septic is installed. There was discussion regarding the location of the retaining wall. Attorney Hoyt suggested a new NOI be filed and that Orders of Conditions be enforced regarding renourishment. Lajoie stated the project is
not complete and an amendment was filed according to the regulations. Further discussion took place regarding the location of the retaining wall and the walkway from the cellar. Cyndi Moe moved to continue to 6/3/09; seconded by Terry Gips; passed 5-0.
7:05 pm
Vermehren/Beswick, 80 Briar Lane, Map 13, Parcel 108, RDA, Construct greenhouse and create pond
Ms. Vermehren stated she was sorry she had started work without doing a filing. She stated they had planted some native plants and a few inches of soil was added where the greenhouse has been erected. Terry Gips stated this is a complex site and there appears to be displacement of water. Moe stated she is not happy with the location of the greenhouse because it is in a wetland; however, she supports the garden. Vermehren gave an overview of the topography of the site. She stated she was willing to remove the greenhouse. Owen McNutt, abutter, stated this site has always been garden land and there is 40 feet of peat in the area. He expressed concern about the culvert and the drainage from the Town which has created mosquito issues and stated this area was never a wetland
until the Town channeled runoff onto private property. The Commissioners were asked individually if they had an issue with the greenhouse and Cyndi Moe was the only person who objected. John DiBlasio identified this as Negative 3; seconded by Terry Gips with conditions; 4-1.
Cyndi Moe stated she resigned from the Commission.
Terry Gips moved to adjourn at 7:30pm; seconded by Patrick Winslow; passed 4-0.
.
Respectfully submitted,
Christine A. Bates, Committee Secretary
| 
