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Cons Comm Minutes 03/16/11
Minutes of Conservation Commission Public Meeting
Date:         March 16, 2011
Time:           4:00 pm
Location:       Town Hall

Commissioners Present:  Chair Terry Gips, Ginie Page, John DiBlasio, Trudy Vermehren, 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 opened the meeting at 4:00 pm.  

Discussion ensued regarding the Open Space Committee’s meeting this afternoon to discuss the parcels of land that are listed in the draft warrant to be auctioned.  Terry Gips moved to send a letter to the Open Space Committee requested the parcels within Conservation jurisdiction be removed from the auction block, seconded by Ginny Page; passed 5-0.

An article for Town meeting regarding concessions for food, boats, and other articles at town landings and beaches was read.  There is a change from 3 year permits to options up to 5 years.  This would guarantee the Town would have money coming in for three years with the option for the vendors to continue an additional two years.  

Agent Greenberg-Lemos stated she sent a memo regarding Jacks Boat Rental as requested by the Commissioners at their last meeting to Paul Sieloff, Becky Rosenberg, Mike Flanagan, Suzanne Thomas, and Mark Vincent.   She received  responses from Suzanne Thomas and John Ryerson..  The Natural Resource Advisory Board also recommended in their Pond Management Plan that there be no further expansion of the racks for the canoes and suggested Jack’s Boat Rentals reduce the number of boats for rent in order to protect  the shoreline in the vicinity of the rental area. Suzanne Thomas in an email stated no bids were received for Gull Pond boat rentals and recommended a one year hiatus be placed on boat rentals and that a there be a review for any remediation to be done.  John Ryerson commented in an email that he is against moving Jacks Boat Rental close to the canoe racks because the racks are already rented and further stated there would be safety issues in the area, as well as parking issues.   Another communication from Suzanne Thomas stated Jacks Boat Rental placed a low bid for the same location, providing reasons for not moving the location of his operation even though the Conservation Commission had provided ample reasons for the move.  Agent Greenberg-Lemos stated Gull Pond is a Great Pond which requires a Chapter 91 license for a pier, dock, or platform and since there is no certified harbor management plan in place, Jacks Boat Rental would have great difficulty obtaining the necessary permits for a dock or a pier.  The Commission discussed stickers for small crafts as a management plan as well as money for the town.  Agent Greenberg-Lemos stated several recommendations were made for the relocation of Jack’s Boat Rental but a compromise would be needed among the competing interests. ,.    The commissioners discussed the parking situation at Gull Pond, the degradation of the banks, and the fact that the kayak/canoe racks were not presented to the Commission.  The Commission again recommended the location of Jack’s Boat Rental be moved to the south and the present location of the operation with the proposed structures does not meet the requirements of the Wetlands Protection Act.  

Jurisdictional Opinion:  
370 Cove Rd, remove two dead pine trees.  Ed Simpson moved to approve the Jurisdictional Opinion; seconded by John DiBlasio; passed 5-0.

Trudy Vermehren requested input for her participation in the educational forum and habitat, open space, and natural landscaping were recommended subjects.  Agent Greenberg – Lemos requested that she come into the office so that she could provide information for the presentation.     

Public Hearings 5:00 pm:

Yankelovitch, 374 King Phillip Rd., Map 35, Parcel 182, extend revetment (Cont’d form 03/02//11).  Peter Marcunas represented the applicant and discussed the renourishment plan as well as the abutters property.  The access will be from addressStreetOmaha Road and the work will be done around the tides.  He gave a description of the marine mattresses and stated they would have to be filled with sand on site.  The Prager’s attorney expressed concern about possible damage to their property and Stan Humphries gave a description of the erosion and a profile of the area.  Marcunas stated the Prager’s erosion will continue as it has in the past and they may have to add sediment as well in the future.  There was discussion regarding the spiraling behind the current revetment into the bank.  There was discussion regarding the best approach to solve the issues regarding the erosion of the bank and the abutters property.  Natural Heritage had not had an opportunity to review the revised plans.  The attorney for the Pragers stated they are concerned their property will see further erosion from this project and read a summary of conditions they felt would be appropriate should this project get approved.   Marcunas stated he will stay in touch with the Agent regarding Natural Heritage, as well as when the renouishment will be performed.  Trudy Vermehren moved to continue to April 6, 2011; seconded by John DiBlasio; passed 5-0.          

Shea/White,9 Crest Ave., Map 35, Parcel 93.1, NOI, construct at grade erosion steps, brush removal and vista pruning (Cont’d from 03/02//11).  Revised plans were reviewed by the Commission and Mark Burgess, representative for the applicant, gave an overview of the new plans identifying the revised path, adding a landing and providing stair details.  Frank Corbin provided an overview of the planting plan. There was discussion regarding the stairs and the foot traffic, the vegetation, cleaning up the invasive plants, and no vista pruning unless approved by the Commission.   The Commission requested a revised plan identifying the retaining walls.  Agent Greenberg-lemos asked Burgess to discuss why they were not going with elevated stairs.  Burgess suggested that elevated stairs in this environment on such a steep slope would cause more erosion than at grade steps constructed as proposed. Trudy Vermehren moved to approve the NOI with conditions, eliminating the vista pruning; seconded by John DiBlasio; passed 5-0.  

Stossel, 5 Samoset Ave., Map 28, Parcel 186, NOI, Extension of timber bulkhead (Cont’d from 03/02/11).  At the request of the applicant, Terry Gips moved to continue to April 6, 2011; seconded by Ginie Page; passed 5-0.  

Reeves, 2616 State Hwy, Map 23 Parcel 40, NOI, replace building and add crawl space foundation (Cont’d from 03/02//11).   David Lajoie represented the applicant and gave an overview of the stormwater prevention plan.  He explained there is a stormwater drainage plan as well as well as the original plan identifying the replacement of the building.  Ginie Page moved to approve the NOI with conditions; seconded by Trudy Vermehren; passed 5-0.


Powers Family Nominee Trust, 125 Samoset, Map 28, Parcel 106, NOI, Beach nourishment and profile maintenance.  Peter Marcunas represented the applicant and stated due to the most current storms, the beach has eroded and dropped in elevation.  Ed Simpson moved to approve the NOI; seconded by John DiBlasio; passed 5-0.  Supervisor:  Ed Simpson

John DiBlasio moved to adjourn at 6:55 pm; seconded by Ed Simpson; passed 5-0.

Respectfully submitted,


Christine Bates