Minutes of Conservation Commission Public Meeting
Date: May 19, 2010
Time: 4:00 pm
Location: Town Hall Hearing Room
Commissioners Present: Co-Chair Ginie Page, Co-Chair Terry Gips, Trudy Vermehren, Ed Simpson, Patrick Winslow, and John DiBlasio.
Regrets: Lauren McKean
Staff Present: Assistant Agent Andrew Petty and Christine Bates, Committee Secretary
4:00 - Business Meeting & Conservation Agent's Report
Co-Chair Ginie Page opened the meeting at 4:00 pm.
Petty reported John Portnoy called regarding some cuttings taking place on neighboring property at 55 Mayflower Drive and 150 Old Hay Road. A letter will be sent requesting the property owners attend the June 2, 2010 meeting. Terry Gips moved to send a letter to both parties and request their appearance at June 2, 1010 meeting; seconded by John DiBlasio; passed 6-0.
Jurisdictional Opinions:
Jack Ferreira, Jack’s Boat Rentals, operator of a boat rental business on Gull Pond, requested permission to add sand onto the beach in order to place a table for his credit card machine and business phone. The water level at Gull Pond is very high and there is currently no place for a table. He stated the sand would be placed by hand. The Commission discussed adding sand to the area and was not in favor of it because sand from someplace else could add organisms to the water. In addition, sand cannot be added to any resource based on the Wetland Protection regulations. Simpson suggested a float or platform, and other suggested placing a work area at the top of the stairs. Petty said that one section of the split rail fence could be removed at the top of the stairs to give him
room. In summary, the commission turned down Ferreira request to use sand to fill the beach at Gull Pond.
Rudy Klahne, 250 Holbrook Ave, remove maple tree overhanging cottage garage, place top soil on bank, plant lawn, vegetable garden, and add steps to bank. Klahne stated he would like to terrace the hill and explained a layer of topsoil was placed on the hill in October 2009. All work would be within the 100 foot buffer zone. A new septic system was installed on the property and no grass was grown in this area. After discussion, the Commission requested a site plan identifying the stairway, vegetation plan, stakes, and a proposal on future projects. The Commission told Klahne that he could plant the garden before returning for the next meeting. Trudy Vermehren moved to have a RDA filed; seconded by Terry Gips; passed 6-0.
John Glaze came before the Commission to discuss construction of a deck. Petty stated it would be difficult to add a deck on the south side of the house because it would cause more damage. The Commission recommended making the patio about 8 feet wide in the originally proposed location on the north side, and to use palletized decking units which are placed directly on the ground so that they are a temporary patio rather than a permanent structure. Petty advised Glaze to contact his septic installer because the cover of the septic that was blown off needs to be replaced. Glaze stated the bank to the west of his house has eroded and he would like to replace zigzag fencing, replace some of the fiber roll, and re-vegetate. Petty told him he would have to file a NOI. Terry Gips moved to request a RDA
for the wooden patio and a NOI filed for the coastal structure work; seconded by Trudy Vermehren; 6-0.
Public Hearings:
5:04 pm
Manning, 1694 State Hwy., Map 30, Parcel 84.1, AOOC, construct deck. Manning stated he cantilevered a small deck on the house several years ago and, due to water damage, it was removed. There is a door from the main floor with no deck at this point and he would like to build a 8 x 20 foot deck using four footings to support it. Petty stated there are some invasive species on the berm which need to be removed/weeded and replanted with conservation mix grass. Manning stated that there will be further vegetation by the retaining walls and by the wetlands. Patrick Winslow moved to approve the AOOC; seconded by John DiBlasio; passed 6-0.
5:23 pm
North, 64 Beach St., Map 35, Parcel 11, NOI, new septic and well. This was previously approved but the applicant did not take action within the timeline allowed. Access for the upgrade will be from Old Wharf Road. There will be a pre-conference meeting prior to work starting to identify plants the Commission would like to save. This project was approved by the Board of Health. Compost and loam will be placed on the upper part of the bank to support mixed plants and beach grass will be planted on the bank. John DiBlasio moved to approve the NOI; seconded by Terry Gips; passed 6-0.
5:30 pm
Loewenberg, 41 Crest Ave., Map 35, Parcel 87.2, NOI, cutting and pruning of trees and vegetation (after the fact filing). Chet Lay represented the applicant and stated the applicant would like to remove the stumps and dead branches and re-vegetate bare areas with any planting recommended and approved by the Commission. The applicants want to remove all locust trees leaving the stumps in place. Lay stated the top of the bank is barren sand with few nutrients; the Commission recommended bearberry. No planting plan was provided. The Commissioners want each tree to be cut flagged. Written authorization must be obtained from the abutter on whose property much of the cutting took place so that cleanup and replanting work can be done. The Commission requested a plan delineating
the topography, trees to be cut, and bare areas; they also requested a planting plan, with staging and ongoing maintenance. Ginie Page moved to continue to 6/02/10; seconded by John DiBlasio; passed 6-0.
5:45 pm
Nicholson, 11 Partridge Way, Map 22, Parcel 24, NOI, construct new dwelling. David Lajoie represented the applicant and gave an overview of the project, identifying the buffer zones. There would be minor grading on the north side of the dwelling. He reported the well and septic have been installed. A silt fence will be placed at the work limit. There was discussion regarding the location of the proposed dwelling in relation to the buffer zone. The Commission would like to see a landscape plan with the possible removal of pine trees in the viewscape, re-vegetation and tree replacement. The commission also asked what type of materials will be used in the driveway. Terry Gips moved to continue to June 2, 2010; seconded by 1238; Trudy Vermehren; passed
6-0.
5:55pm
Mac’s Shack, 91 Commercial St., Map 2, Parcel 129, RDA, move and replace support poles for awning.
Patrick Winslow recused himself. (after the fact filing). Mac Hay stated when he decided not to put in a permanent awning, he was not aware he had to file a RDA for the footing supports. The Commission was concerned with the water runoff from the awning into the marshland. Hay stated he would use water rain barrels, drywells and gutters. John DiBlasio identified this as a Negative 3; seconded by Terry Gips; passed 6-0.
Business Cont’d:
Hay stated he has been waiting approval for the septic system and the relocation of the walk-in refrigeration/freezer unit. DEP told them when public water was in the area, they would approve the septic. The water will not be available until at least September 2010. Hay wants to build a 10 x 10 temporary walk-in refrigerator on the property near the trash storage area which would sit on cement blocks. The original NOI filing included both the permanent walkin and the septic system. The Commission recommended filing a Jurisdictional Opinion for the temporary unit.
Jurisdictional Opinion of Kathryn Stone and Matthew Drennan, vista and view pruning and easement.
This is an agreement between the owner of the property and the neighbors. The Commission requested Scott Rockland of 36 Old Pier Rd be informed of a view easement and the vista pruning project. The bittersweet will be removed, the cedar trees and evergreens will remain,. Dennis Townsend is doing the work for Indian Neck LLC. Terry Gips moved to approve the JO; seconded by Patrick Winslow; passed 6-0.
70 Main St, Duck Creek Tavern, remove locust tree because it has bittersweet in it. The Commission requested a site visit due to the size of the tree.
Allison Palmer, Old Wharf Rd., prune a small pine tree which is blocking a path. Terry Gips moved to approve the Jurisdictional Opinion; seconded by Ed Simpson; passed 6-0.
Richard Jordon, 150 Blue Heron Rd., 12 x 14 deck on the water side within the buffer zone. The Commission requested a RDA be filed. Terry Gips moved to have Jordon file a RDA; seconded by Patrick Winslow, passed 6-0.
John DiBlasio moved to adjourn at 6:38 pm; seconded by Ed Simpson; passed 6-0.
Respectfully submitted,
Christine A. Bates, Committee Secretary
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