Minutes of Conservation Commission Public Meeting
Date: July 7, 2010
Time: 4:00 pm
Location: Town Hall Hearing Room
Commissioners Present: Co-Chair Ginie Page, Co-Chair Terry Gips, Patrick Winslow, Lauren McKean, Trudy Vermehren, John DiBlasio and Ed Simpson
Staff Present: Agent Hillary Greenberg-Lemos, Assistant Agent Andrew Petty, and Christine Bates, Committee Secretary
4:00 - Business Meeting & Conservation Agent's Report
Ginie Page opened the meeting at 4:05 pm.
Jurisdictional Opinions:
Callis, 198 Fresh Brook Lane, removal of trees and ivy; A site visit was made and there was a discussion at the meeting regarding the fencing and the inability of turtles to pass through. Terry Gips moved to approve the Jurisdictional Opinion with the condition that the work be performed by a professional landscaper who will meet with the Conservation Agent to go over the project, including the removal of trees and ivy and the creation of pass-through in the fence, particularly for turtles; seconded Patrick Winslow; passed 7-0.
Hartswick, 40 1st Avenue, removal of pitch pines due to beetle infestation. The Commission discussed the best time to remove the pines. Patrick Winslow moved to approve the Jurisdictional Opinion with the condition they be taken down asap and removed from the property; seconded by Ed Simpson; passed 7-0.
Berliner, 305 King Phillip Rd, thin out pines for view and re-vegetate. Ginie Page moved to have the applicant supply a planting plan and Terry Gips amended the motion to also identify the initial cutting and trimming and file a RDA; seconded by Trudy Vermehren; passed 7-0.
Agent Greenberg-Lemos reported she talked with Jack from Jack’s Boat Rental regarding the large platform on cinder blocks which he built on town owned land within the waters of Gull Pond. He was advised to attend the August 4, 2010 meeting. The Commission reviewed the meeting minutes of May 19, 2010 and Terry Gips moved that the Commission go on record stating they did not approve any activity or construction on the site. The Commission requested Agent Greenberg-Lemos ask Jack’s Boat Rental to remove the platform from Gull Pond and notify him he is in violation of the Wetlands Protection Act.
Attorney Sarah Turano-Flores came before the Commission to discuss the Thaler property located at 250 Meadow Ave, West. She reported the work on the beach and bank has been completed and that because of the trucks performing that work, the road leading to the property became more potholed with larger ruts. The Thaler’s had the ruts filled without submitting a filing with the Commission. The Order of Conditions did not have a specific condition regarding repair of road. Agent Greenberg-Lemos stated Natural Heritage approved spot filling of pot holes. Bob Prescott of MA Audubon stated the road is located within a salt marsh and that gravel and sand were used for the repair; he also said he was told peat was removed. There was discussion regarding the timeframe of the work
performed, if there should have been pre and post pictures, and what type of filing should have taken place in the future. Agent Greenberg-Lemos stated a Jurisdictional Opinion could be filed for future repairs to the road and that the Thaler’s or their representative would be required to provide the approximate amount of stone and sand to be used.
Public Hearings timeHour17Minute05:00 pm:
5:03 pm
Catani, 166 Pine Point Rd., Map 21, Parcel 57, Certificate of Compliance. Chet Lay represented the applicant and stated the decking was reduced in size when built. Terry Gips moved to approve the Certificate of Compliance; seconded by John DiBlasio; passed 7-0. Paperwork: Request for Certificate of Compliance and sign-off sheet from Commission.
5:07 pm
Brown’s Landing Condo Trust, 30 Fox Island Rd., Map 28, Parcel 223, RDA, Repair road surface adjacent to 30 Fox Island Road (Cont’d from 06/02/10). There was no representation at the hearing. The hearing was reopened at 6:40 pm and there was still no representation so Patrick Winslow moved to continue to 7/21/10; seconded by Lauren McKean; passed 7-0.
5:08 pm
Connelly, 110 Springbrook Rd., Map 47, Parcel 30, NOI, Construct single family dwelling, driveway, septic and well (Cont’d from 06/02/10). Jason Ellis represented the applicant and stated this came before the Commission and was approved in 2007 but no action was taken on that Order of Conditions and it expired. The lot is for sale and the footprint identified in the site plan is for a generic house plan. All work would be within the 200 foot river area. Approval was granted by MESA. There was discussion regarding the location of the proposed dwelling, possibly changing the design of the house, and placing the decking and bulkhead out of the 50 foot buffer zone. Trudy Vermehren moved to continue to 7/21/10 in order for Ellis to come back with different plans; seconded by
Terry Gips; passed 7-0. Paperwork: NOI filing and backup materials.
5:30 pm
Loewenberg, 41 Crest Ave., Map 35, Parcel 87.2, NOI, cutting and pruning of trees and re-vegetation (after the fact filing) Cont’d from 05/19/10. Chet Lay represented the applicant and stated all requested materials were supplied to the Commission as requested. A letter from Lord Landscaping was provided identifying the species to be planted. The Commission requested the agent(s) be notified by the landscaping company prior to any new work. Agent Greenberg-Lemos recommended she be supplied with a list of trees which were cut as well as all additional vegetation to be planted. A site visit will be done after the trees have been cut and removed. Terry Gips moved to approve the NOI with conditions; NOI filing, back up materials and signature page.
5:45 pm
Jordon, 150 Blue Heron Rd., Map 41, Parcel 5, RDA, construct 12 x 20 ft. deck. A site visit was made. Tim Brady represented the applicant and gave an overview of the project. The existing stairs will be removed and new stairs built. John DiBlasio moved to identify this as a Negative 3; seconded by Terry Gips; passed 7-0. Paperwork: RDA filing, site plan and signature page for Determination of Applicability.
Jordon, 150 Blue Heron Rd., Map 41, Parcel 5, Jurisdictional Opinion, removal of trees. The Commission made a site visit to view the trees to be cleared. Mr. Jordon identified the number of trees and their width. Terry Gips moved to approve the Jurisdictional Opinion; seconded by Ed Simpson; passed 6-1. Paperwork included Jurisdictional Opinion.
5:50 pm
Klahne, 250 Holbrook Ave, Map 14, Parcel 166, RDA, grade hill area in front of and left of cottage at rear of property. Rudy Klahne provided the requested materials and advised he will not remove the maple tree as originally proposed. He stated last year the garage floor was being undermined and he had soil delivered to make that repair, which ultimately extended the top of the bank from 10’ to 17’. The retaining wall will be 2 ½ feet on the low end and 5’ at the high end. No more materials will be delivered to develop the terracing. John DiBlasio moved to identify this as a negative 3; seconded by Patrick Winslow; passed 5-1 with one member abstaining. Paperwork: RDA filing, backup materials, signature page.
6:12 pm
Barker, 105 Barker St., Map 36, Parcel 53-1, NOI, septic upgrade. David Lajoie represented the applicant and gave an overview of the project. Mr. Barker has received permission from the abutter to have an easement for the transport of equipment. Ed Simpson moved to approve the NOI; seconded by Terry Gips; passed 7-0. Paperwork: NOI filing, backup material and signature page.
6:15 pm
Wilson, 56 Indian Neck Rd., Map 28, Parcel 48, NOI, slope restoration including slash removal, re-vegetation and construction of single family home. Matt Farrell of J M O’Reilly, represented the applicant, stating Orders of Conditions were granted in 2000,, which had lapsed. Farrell gave an overview of the project, stating all work was outside of the ACEC. Several people from the audience supported the project. The Commission requested an Alternative Analysis, planting plan, and any other additions/deletions to the dwelling, such as outside showers, etc. The property has an existing four bedroom septic system. There was discussion regarding the location of the dwelling on the lot. Ms. Wilson stated she has owned the property since 1998 and has not cut any trees
on the waterfront. Terry Gips moved to continue to July 21, 2010, seconded by Ed Simpson; passed 7-0.
Business Cont’d 6:41 pm
There was discussion regarding definitions of the regulations, the quality of presentations from applicants, materials presented, etc. and how best to be consistent in decisions.
Nomination:
Trudy Vermehren nominated Patrick Winslow as Co-Chair; seconded by John DiBlasio; passed 6-0
Ginie Page moved to nominate Terry Gips as Co-Chair; seconded Ed Simpson; passed 6-0.
Ginie Page nominated Trudy Vermehren as Clerk; seconded by Terry Gips; passed 6-0.
Ginie Page moved to adjourn at 7:00 pm; seconded by John DiBlasio; passed 7-0
Respectfully submitted,
Christine A. Bates, Committee Secretary
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