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Cons Comm Minutes 01/05/11
Minutes of Conservation Commission Public Meeting

Date:         January 5, 2011
Time:           4:00 pm 010
Location:       Town Hall

Commissioners Present:  Chair Terry Gips, Ginie Page, Trudy Vermehren, John DiBlasio, Patrick Winslow, and Ed Simpson
Regrets:  Lauren McKean
Staff Present:  Agent Hillary Greenberg-Lemos , Andrew Petty and Christine Bates
4:00 - Business Meeting & Conservation Agent's Report

Chair Gips called the business meeting to order at 4:09 pm.  
Agent Greenberg distributed copies of the Epsilon report regarding the Yankelovich property.  
She also distributed the revised regulations.  

Jurisdictional Opinion:
Gonyea, 30 Fox Island Rd., redo the driveway (previously approved as an RDA improving Fox Island Rd).   John DiBlasio moved to approve the Jurisdictional Opinion; seconded by Patrick Winslow; passed 6-0.

95 Wigwam, Bernstein, relocate shed, John DiBlasio moved to approve the Jurisdictional Opinion; seconded by Ed Simpson; passed 6-0.

Mail:  
A letter from the Aggers was reviewed regarding erosion on Boathouse Beach, Lt. Island.   They state there has been a lack of renourishment of sand on the Mortenson’s property and in the meantime, the property has been sold.  

A letter from Coastal Engineering stated several coastal properties did not require renourishment after their review.
 
A letter from G. Back gave a history (as he knows it) of Hiawatha Rd and the ownership of the roads and surrounding properties.  Agent Greenberg-Lemos stated title work is being done regarding ownership of property and roads.  The owners of 5 Samoset are concerned with renourishment.  Agent Greenberg-Lemos stated she wrote a letter to the Shellfish Advisory Board regarding access to the beach and requested their input regarding Hiawatha Rd.  

FEMA – notification of new maps

Copy of Emergency Orders for 5 Samoset and Nellie Road (house falling off eroding coastal dune).

Jan Plaue from the Open Space Committee requested a member of the Commission volunteer to put together an educational piece to be presented at an educational program

Ginie Page moved to approve the 12/15/10 meeting minutes as amended; seconded by Ed Simpson; passed 6-0.

Peter Marcunas stated Yankelovitch placed 100 cubic yards of renourishment sand per the Order of Conditions.  They are requesting to renourish the beach again.  It will be further discussed at the hearing.
   
Public Hearings 5:00 pm:
5:00 pm
Yankelovitch, 374 King Phillip Rd., Map 35, Parcel 182, extend revetment (Cont’d form 12/10/10)
John DiBlasio moved to accept the Dec. 30, 2010 report from Epsilon regarding Yankelovitch.  Lester Smith recommended a more innovative approach than had been previously presented to the Commission by The Woods Hole Group.  He provided his background and gave an overview of the photographs provided to the Commission.  He stated this area is sand starved and due to the 2010 December Blizzard, severe erosion took place.  He recommended a transition from a hard structure to gabion structures.  He also recommends looking at the historical coastal bank changes to predict erosion rate.  He referred to recommendations made from Rebecca Haney, a Coastal Geologist.  Peter Marcunas stated he would like to work with Mr. Smith; and in the meantime, he requested renourishment as required in the ongoing Order of Conditions.  Mike Giamo, attorney for the Pragers who are abutters to Yankelovitch, stated his client has been concerned with a hard structure and gave an overview of erosion rates.  Marcunas requested a continuation to February 2, 2011; Trudy Vermehren moved to continue to 2/2/11; seconded by Patrick Winslow; passed 6-0.
      
5:37 pm
Alliance Energy, 2683 Rte 6, Map 15, Parcels 126, 127, 129, 130, RDA, new piping, new manholes, re-install existing tank gauge, reinforce concrete mats, reinstall existing dispensers on new dispenser sumps, install new safety bollards (Cont’d from 12/10/10).  Allan Mchale from AYOUB Engineering provided a revised plan that stated 95% of the work will be outside of the buffer zone.  John DiBlasio identified the project as a Negative 3; seconded by Trudy Vermehren; passed 6-0.
 
5:45 pm
Glaze, 625 Old Warf Rd., Map 35, Parcel 14, NOI, Construct sand drift fence (Cont’d from 12/01/10)
At the request of the applicant, Terry Gips moved to continue to 01/19/10; seconded by Ginie Page; passed 6-0.

5:46 pm
Sterling, 45 Omaha Rd., Map 28, Parcel 190, NOI, new driveway, new porch and management of vegetation (Cont’d from 12/01/10).  At the request of the applicant, Terry Gips moved to continue to 01/19/10; seconded by Ed Simpson; passed 6-0.

6:46 pm
Ziering, 165 Pilgrim Spring Rd., Map 29, Parcel 282.1, NOI, additions to dwelling and selected tree cuttings (Cont’d from 12/01/10).  Ginie Page recused herself.  Chet Lay represented the applicant and provided a revised plan, and explained that the applicant would go to the Board of Health with a septic upgrade plan.  The current cesspool will be emptied and filled with sand.  Natural Heritage stated there would be no take.  The landscaper stated they want to mow down invasive shrubs in order to regain a view.  The Commission requested a yearly report to determine if there will be yearly mowing, etc.  Ed Simpson moved to approve the NOI; seconded by Patrick Winslow; passed 4-1-1.  Supervisor:  Terry Gips
  
5:55 pm
Ruggles, 30 Kendrick Ave., Map 20, Parcel 1B, NOI, foundation repairs, exterior building renovation, add drywells and outdoor shower (Cont’d from 12/01/10).  Attorney Zehnder came forward with Mr. Ruggles.  Mr. Ruggles stated there is already an outdoor shower and he wants to add a privacy fence around the shower.  There was discussion regarding the raised beds from the previous owners and constructing an air space under the dwelling as well as a retaining wall.  The dwelling requires being shored up and there was discussion regarding the various options that could be used.  Patrick Winslow moved to approve the NOI; seconded by Ed Simpson; passed 6-0.  Supervisor:  Ed Simpson    

6:16 pm
Reeves, 2616 State Hwy, Map 23 Parcel 40, NOI, replace building and add crawl space foundation.  David Lajoie represented the applicant and gave an overview of the project.  He stated the present building is on piles and they would like a standard crawl space foundation.  The dwelling will remain the same size as well as in the same location.  There was discussion regarding the drainage from the road, buildings, storm water, and history of the property.  Lajoie stated they would also like to change the elevation of the parking lot for drainage issues and utilize the catch basin.  The paved runoff to the swale on the southeast corner of the property will be removed as well as the pipe that empties into the wetlands.  Further discussion took place regarding water runoff from the structure and all storm runoff.  David Agger, abutter, questioned if Duck Creek and the culvert under Route 6 might be affecting the storm water.  Terry Gips moved to continue to 2/2/11; seconded by Patrick Winslow; passed 6-0.
       
6:35 pm
Rispoli (PB Boulangerie Bistro), 15 Lecount Hollow Rd., Map 30, Parcel 22, NOI, proposed covered deck and basement addition.  David Lajoie represented the applicant and stated the owners are doing renovations to the building.  He gave an overview of the project.  It was pointed out that a new door will be added which will enable restaurant staff to exit the building onto the covered deck and ramp.  There are temporary storage bins on the property which will be removed.  The ramp will be open on the sides.  The Commission discussed the number of additions being made to this property.  Patrick Winslow moved to approve the NOI; seconded by Ed Simpson; passed 6-0.  Supervisor:  Patrick Winslow
 
6:54 pm
TD Bank, 10 Main St., Map 15, Parcel 1, RDA, Upgrade existing septic system.  Josh Swerling, engineer, represented the applicant and stated TD Bank is for sale and they want to upgrade the septic prior to any sale.  He gave an overview of the resource areas and stated the Board of Health approved the project and the property will be connected to public water.  John DiBlasio identified the RDA as a Negative 2; seconded by Ginie Page; passed 6-0.
 
7:03 pm
Von Bismark, 2554 Old Kings Hwy, Map 8, Parcel 46, NOI, new foundation under existing dwelling, regrade and establish lawn.  Tim Dickey represented the applicant and stated the structure is sinking into the ground and it needs to be preserved.  Some work had been started prior to the filing of the NOI.  The filing did not include any construction protocol and the Commission did not feel the plan provided was adequate.  Tim Dickey stated he consulted with David Lajoie regarding the project because he used a 1997 Felco, Inc. site plan as the basis for the plan presented to the Commission on.  Patrick Winslow moved to approve the NOI; with the condition that a construction protocol be provided to the Conservation Agent; seconded by John DiBlasio; passed 5-1.  John DiBlasio moved to fine the applicant $200.00 for failure to work with a valid permit, as well as $45 for After the Fact fine; seconded Ed Simpson; passed 5-1.  Supervisor:  John DiBlasio
   
7:30 pm
Simon, 430 King Phillip Rd., Map 35, Parcel 187, RDA, restore view corridor.  Charles Wince and David Chalker represented the applicant and provided photographs to identify which trees would be trimmed.  All work will be done by hand and they will try to save as many oaks as possible.  Terry Gips stated the Commission is pushing toward removing invasive plants, replanting with other species that will not overgrow in the area, and removing dead trees—rather than topping trees.  Work would be performed in the winter months.  David Chalker stated they would work with the client to establish filter trimming, which would eliminate more trees.  Agent Hillary Greenberg-Lemos recommended a 3 to 5 year maintenance plan be provided to the Conservation Agent.  John DiBlasio identified the RDA as a Negative 3; seconded by Trudy Vermehren; passed 6-0.  Supervisor:  Terry Gips

Terry Gips moved to adjourn at 7:49 pm; seconded by Ginie Page; passed 6-0.
 
Respectfully submitted,

Christine A. Bates, Committee Secretary