Minutes of Conservation Commission Public Meeting
Date: March 2, 2011
Time: 4:00 pm 010
Location: Town Hall
Commissioners Present: Chair Terry Gips, Ginie Page, John DiBlasio, Trudy Vermehren, and Ed Simpson
Regrets: Lauren McKean and Patrick Winslow
Staff Present: Agent Hillary Greenberg-Lemos , Andrew Petty and Christine Bates
4:00 - Business Meeting & Conservation Agent's Report
Terry Gips opened the business meeting at 4:08 pm.
Denny O’Connell from the Conservation Trust stated they were going to buy a piece of property behind the placeMobile gas station. Part of the deal is to pursue a Conservation Partnership Grant, through which the Conservation Commission would hold a restriction on the property. O’Connell requested support from the Conservation Commission. There is a deeded right of way across the Mobil station property. He stated the State has offered a new grant period, and thus he is asking for prompt response from the Commission re: their support for the project. The house on the property will be demolished and there are plans for a park in the area. He stated a major cleanup will be done. Ed Simpson moved to support the action of the Conservation Trust and to commit the Conservation
Commission’s partnership in the project; seconded by John DiBlasio; passed 4-0-1 with Ginie Page recusing herself.
Denny O’Connell stated there are two town-owned parcels which are being considered for auction. One is a 7.7 acre parcel of land off placePlaceNameFox PlaceTypeIsland marsh and a smaller one in Duck Creek. He encourages the Commission to give attention to these parcels and to attend the upcoming Open Space hearing at which they will be discussed. He feels that both properties should be conserved.
Chet Lay of Slade Associates requested the Commission sign off on a revised Order of Condition as well as a Certificate of Compliance for the Loewenberg project on addressStreetCrest Avenue due to requirements of addressStreetLand Court registry.
Debbie Ebersol represented Jack’s Boat Rental and stated they are looking to put a platform at Gull Pond for the business. She explained it would be a temporary float during high water. She stated the manager has to be down at the water for safety purposes and to run the boat rental smoothly. She stated having the table at the top of the stairs is not doable and not safe for the public, particularly children. Ebersol stated the bulkhead that serves as a retaining wall for the bank near their current site of operations was built 30 years ago when there were no regulations. The Commissioners stated they are concerned about the erosion in the area where the business is located, and wondered if the business could work south and adjacent to the beach and boat launch. One or two of the Town’s canoe racks would need to be relocated. Agent Greenberg-Lemos will draft a letter recommending Jack’s Boat Rental be moved to operate at the south of the ramp and send it to the Beach Director
and Board of Selectmen, copying the Harbormaster. Trudy Vermehren moved to have Agent Greenberg-Lemos write a letter recommending Jack’s Boat Rental be moved to south of the ramp for their business; seconded by Ginie Page; passed 5-0. It was recommended the Town be made aware of the condition of the stairs.
Patrick Winslow gave his notice that he wishes to resign from the Commission.
Agent Greenberg-Lemos distributed the Ethics paperwork to the Commission and requested they return the paperwork to her.
Peter Marcunas stated he would like to discuss an Emergency Certification for the Yankelovitch property due to additional erosion that occurred during the last storm. He stated he was concerned about the septic system located at the top of the bank and is also worried that further erosion could expose it. Agent Greenberg-Lemos stated the Commission needs to know the exact location of the cesspool prior to considering an Emergency Certification. Marcunas stated he would have someone locate it the next day (3/3/11). He requested to construct a rock revetment which would be replaced the following year with the proposed project that is currently before the Commission. Agent Greenberg-Lemos recommended that a new septic system be designed and installed away from the coastal bank
instead ofinstalling a structure to protect it. Petty recommended adding sand and Marcunas stated additional sand was placed at the site today (3/2/11). Agent Greenberg-Lemos asked if there is a septic tank that could be convertedto a tight tank for the immediate emergency. Marcunas requested an emergency meeting because he feels the septic system is in immediate danger. Agent-Greenberg-Lemos stated.the paperwork would still need to come before the Commission. Marcunas will report back to her on 3/3/11 regarding the precise location of the septic system.
Public Hearings 5:00 pm:
5:05 pm
Yankelovitch, 374 King Phillip Rd., Map 35, Parcel 182, extend revetment (Cont’d form 02/16/11). Peter Marcunas stated the town’s consultant and he require additional time for a revised plan and asked for a continuation to April 6, 2011 He stated the work on the project would not start until the fall. In response, Gips stated her concern that given the increased erosion, the project should move ahead as soon as possible to avoid further damage to beach and bank and suggested that the revised plans be submitted right away so that the project review could proceed. Agent Greenberg-Lemos stated Natural Heritage had to be notified of any changes to the plan and that the Commission requires their approval prior to issuing an Order of Conditions . Trudy Vermehren moved
to continue to March 16, 2011; seconded by Ginie Page; passed 4-0-1.
5:15 pm
Shea/White, 9 Crest Ave., Map 35, Parcel 93.1, NOI, construct at-grade erosion steps, brush removal and vista pruning (Cont’d from 02/16/11). At the request of the applicant, Terry Gips moved to continue to March 16, 2011; seconded by Ginny Page; passed 5-0.
5:16 pm
Stossel, 5 Samoset Ave., Map 28, Parcel 186, NOI, Extension of timber bulkhead. Ginie Page recused herself. Gordon Peabody and Ben Zehnder gave an overview of the project. Zehnder stated there will be revised plans identifying the limit of work, as well as eliminating some of the notes on the existing plan. Zehnder distributed an aerial view of the property identifying the paths to the beach. He stated Natural Heritage has not yet responded. Paperwork regarding ownership of the abutting properties was added to the file. There was discussion regarding access to the beach. An e-mail from Kathryn Lord Kline from Town Counsel recommended the following condition be added: “This decision is not a determination of title or the right of the applicants to install
structures at the proposed site that may be in derogation of the rights of third parties. Zehnder discussed prescriptive access. There was discussion regarding the transition between the boulders and the rubble, and placeCityPeabody stated the shape of the stones would deflect action of the water. Agent Greenberg-Lemos felt water may get between the two structures and is concerned with the flood elevations. The Commission requested a revised plan identifying the elevations of the bulkhead, the transition to the rubble, and detailed stair design. There was discussion regarding FEMA numbers and the 11’ elevation of the bulkhead within the velocity zone. The proposed bulkhead extension will extend to the middle of the road. Neighbors expressed concern regarding access to the beach and the state of condition of the public beach, further erosion to other properties, and who owns the land. Agent Greenberg-Lemos stated because it is
difficult to determine who owns the land, it would be difficult to determine who would pay for the replenishment of sand. There was discussion regarding jetting, the construction protocol, and adding septic system flow barrier information. Zehnder stated he would work with other property owners regarding property ownership and what work would be allowed. Agent Greenberg-Lemos stated she met with a geologist who recommended heavy planting in the area. Trudy Vermehren moved to continue to March 16, 2011; seconded by John DiBlasio; passed 4-0-1.
6:20 pm
Reeves, 2616 State Hwy, Map 23 Parcel 40, NOI, replace building and add crawl space foundation (Cont’d from 02/16/11). At the request of the applicant, Terry Gips moved to continue to March 16, 2011; seconded by John DiBlasio; passed 5-0.
6:03 PM
Glaze, 625 Old Wharf Rd., Map 35, Parcel 14, NOI, Construct sand drift fence (Cont’d from 02/16/11)
Jay Norton of Coastal Engineering gave an overview of the project, stating they have been working with Natural Heritage who recommended conditions regarding the terrapin turtles. Revised plans were submitted identifying the openings in the fencing and annual inspections for beach renourishment. Andrew Petty recommended additional renourishment to make a gradual slope instead of cutting off at the fence line. Ed Simpson moved to approve the NOI; seconded by John DiBlasio; passed 5-0 with conditions. Supervisor: Terry Gips
Ginie Page moved to adjourn at 6:30 pm; seconded by Ed Simpson ; passed 5-0.
Respectfully submitted,
Christine A. Bates
Committee Secretary
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