Approved Conservation Commission Mtg Mins
Attendees: Trudy Vermehren, Barbara Brennessel, John Cumbler, Deborah Freeman and John Portnoy, Assistant Conservation Agent, Doug Guey-Lee and Christine Bates, Committee Secretary
Regrets: Lauren McKean and John Cumbler
4:00 - Business Meeting & Conservation Agent's Report
Mail / Discussion
Jurisdictional Opinions
Warren, Vanessa’s Way, Cut down 3 trees close to house causing roof damage. Barbara Brennessel moved to approve Jurisdictional Opinion; seconded by John Portnoy; passed 4-0.
Ronald Peterson, 1631 Rte 6, Replace well using portable equipment. Trudy Vermehren moved to approve the Jurisdictional Opinion; seconded by Barbara Brennessel; passed 4-0.
Alexander, 49 Wigwam St., replace outdoor shower. The commission expressed concern with the drainage. Trudy Vermehren moved to approve the Jurisdictional Opinion with the condition that the shower drain into a buried drywell; seconded by John Portnoy; passed 4-0.
Meeting Minutes
Alex Hay: Chair of the Comprehensive Waste Water Planning Committee: He stated he was attending several different boards and committees to give a review of a proposed new water resources position in town, primarily to implement the Wastewater Management Plan (mandated by the EPA 208 Program), but also to assist the water Commissioners in overseeing the public water supply. The town is approximately 75% through the 208 plan and new regulations have been implemented that the town will need to comply with. New technologies have come up and the scope is greater than what the committee can do. They can either hire a consultant or create a position in town. He stated the 208 plan requires constant management. He stated that the work to be performed is complex and requires coordination with a contractor. The Town Administrator doesn’t feel anyone in town can do it. This could be a short-term position. Alex stated the town would have to hire a consultant on a yearly basis. He stated that this is an investment for the future based on water quality. John Portnoy stated that there is a vast array of responsibilities in the new job description, some of which are vague, and it may be difficult for anyone to accomplish all these things in a competent fashion.. DEP is requiring regular monitoring and the town must prove that it is going forward with the new technology.
Bruce Hurter of the Open Space committee distributed paperwork identifying parcels which the town owns and which are proposed to be transferred to the care of the Conservation Commission; most are within the ACEC. Three of the properties are submerged (intertidal salt marsh) and the others are beautiful. Map 46, Parcel 19 is a town owned property with environmental concern. The Open Space talked with MA Audubon in purchasing a couple of parcels in the immediate area. The Audubon would monitor the property and manage Diamondback Terrapin habitat; terrapins regularly nest on these properties. There is a total of 6 pieces of land which would be transferred to the Conservation Commission with Audubon monitoring. Trudy Vermehren stated she would like to make a site visit. Bob Prescott stated the Audubon would be doing surveys this summer. The Open Space Committee would like to present this project for Town Meeting approval in 2019.
Public Hearings 5:00 pm:
CHG, LLC 250 Gull Pond, Certificate of Compliance. Tim Brady stated the drainage issue has been fixed on the road. The swale at the bottom has been cleaned out and the DPW will be making improvements for the drainage in the future. Ted Malone stated the drains will require yearly maintenance to clean out the sand. Barbara Brennessel stated the drainage has been improved. Malone stated that the Japanese Knotweed was removed with a backhoe, and will be monitored for any future growth. There will ongoing conditions to keep the Knotweed under control and for maintaining the swale. Trudy Vermehren moved to approve the Certificate of Compliance seconded by Barbara Brennessel; passed 4-0 with ongoing conditions.
Rispoli, 15 LeCount Hollow Rd., Map 30, Parcel 22, RDA, construct raised planting box
Liza Cox, an attorney, and David Michniewicz of Coastal Engineering gave a presentation on the project. This is an after-the-fact filing as the Commission discovered on its site visit today that the planting box had already been installed, i.e. without a permit. Trudy Vermehren stated more work was performed than necessary. It was recommended that there be an after-the-fact filing fee. The property has had numerous after-the-fact applications. ACQ wood was used for the raised bed which the commission would not have recommended for food production. A second problem is that the bed at the top of the bank above the vernal pond behind (north of) the restaurant is being regularly cultivated with sod tossed down the bank. John Portnoy stated that the cultivation that is being performed is not what the commission wants and would like the land to remain undisturbed so that it stabilizes. Liza Cox stated she will pass the information to the landscaper. There will be a $300 fine for not coming before the commission prior to work being performed. Barbara Brennessel identified the RDA as a negative 3; seconded by Deborah Freeman; passed 4-0.
LeBow / Rolbein, 50 Higgins Lane, Map 15, Parcel 120, RDA, shed. This is an after-the fact filing. Seth Rolbein stated that the shed is a pre-fab 6’ x 10’ shed, with cement blocks supporting it underneath, and located within the 100’ buffer zone. Mr. Rolbein stated that he didn’t want to remove any trees or place the shed on the sloped driveway. This is the second shed on the property. Barbara Brennessel noted there is material in the marsh. Rolbein stated they are renting a storage unit and materials are being moved to it. The commission requested that the unsecured materials be removed prior to the next spring (high-course) tide on April 29 so that they don’t get carried into the salt marsh and creeks. John Portnoy identified the RDA as a Negative 3; seconded by Barbara Brennessel with a suspended fine for the after-the-fact filing. Passed 4-0.
Rosenbaum, 100 2nd Ave, Map 40, Parcel 136, RDA, rebuild decks and stairs. Steve Cook, project designer, gave an overview of the project stating the decks and stairs are failing. The house only has one means of egress on the first floor and a stairway will be built from the upper deck. The work will be on the same footprint. The posts will be hand dug. The commission was concerned with potential erosion where the posts are located on the bank. Trudy Vermehren recommended diamond piers be used in the front, and Mr. Cook agreed to employ them. The red pavers under the deck do not have any spaces between them, which is a concern with water runoff. Mr. Cook stated he will replace the red pavers with a permeable product for drainage. A silt fence will define the limit of work along the bank. The dumpster must be covered at night. Trudy Vermehren identified the RDA as a Negative 3; seconded by Deborah Freeman; passed 4-0.
Halloran, 1360 Chequessett Neck Rd., Map 18, Parcel 15, AOOC, relocate beach access stairs. Jay Norton represented the applicant and stated the previously approved Order of Conditions triggered the idea to change the location due to the slope. The proposed footpath will travel in a southerly direction where the coastal bank is lower and, therefore, the stairs will be easier to construct. The footpath will be bare soil with no stones, pavers, etc. Trudy Vermehren moved to approve the AOOC; seconded by John Portnoy; passed 4-0.
McAuliffe, 40 Way 35, Map 13, Parcel 122, NOI, construct addition and enclosed porch. Steve Phillips represented the applicant and gave an overview of the project. The current porch will be insulated and used year-round. The addition will be 6’ x 12 ½’. The disturbed area was not identified on the site plan. Trudy Vermehren stated additional work has been done on the dwelling over time and the commission requires the square footage of overall disturbance to the property within the 100-ft buffer to the wetland. She also noted brush has been dumped over the edge of the wetland and there are pavers in an area that are approximately 10” high. Mr. Phillips will calculate the total area of disturbance within the 100-ft buffer on the lot, and contact the owners to determine if they want to continue the hearing.
Field, 132 Cliff Rd., Map 24, Parcel 112, NOI, relocate dwelling and install new septic. Tim Brady and Tim Tracey explained that the dwelling is close to the coastal bank on the ocean side. There will be a full basement with the current structure placed on it and an alternative septic treatment system installed. They will use the current well. The project received approval from the Board of Health. Barbara Brennessel moved to approve the NOI; seconded by John Portnoy; passed 4-0.
The public hearing was closed at 6:40 pm and the business meeting resumed.
Barbara Brennessel stated thatt the Herring River Warden has yet to deliver his annual report to the Commission.
Barbara Brennessel stated the Black Pond Rd. project is very messy. The Commission required that the paved driveway to the south of the house and the pull-off on the opposite side of Black Pond Rd be blocked; however, both have been re-opened and are heavily used. he driveway was never blocked off and the pull off area is being utilized.
Mail:
Letter from Agent Greenberg-Lemos to Environmental Protection regarding the new valve which blocks tidal exchange through the culvert at Hawes Pond.
Letter from Agent Greenberg-Lemos to Senator Cyr to support the Public Lands Preservation Act.
A letter from Randy and Pat Bartlett expressing their concern about trees and brush on their property due to recent storms was read. The Bartlett’s want to clean up their property and create a vista. The Commission will make a site visit.
Emergency Certification for Alex Hay on Commercial. St.to replace salt water reservoir.
US Department of Interior has revised and enlarged the boundaries of the coastal barrier resource system. They are looking for comments. The DOI-mapped coastal barriers will no longer qualify for federal assistance, e.g. federally subsidized flood insurance. It appears Great Island and Lt. Island are within the boundaries. There is a website with maps: https://www.fws.gov/cbra/maps/mapper.html
The meeting minutes from March 21 will be reconstructed by Lauren McKean and Agent Greenberg-Lemos.
Trudy Vermehren moved to adjourn at 6:55 pm; seconded by John Portnoy passed 4-0.
Respectfully submitted,
Christine Bates, Committee Secretary