Approved Conservation Commission Mtg Mins
Approved
Conservation Commission
Meeting Minutes
April 6, 2022
Remote Meeting
Attendees: Chair Leon Shreves, Clerk Michael Fisher, Barbara Brennessel, Ben Fairbank, Marty Murphy, John Cumbler, Agent Hillary Greenberg-Lemos, and Christine Bates, Committee Secretary.
4:00 pm Business Meeting
Mail / Discussion
Agent Greenberg-Lemos will provide copies of the Herring River correspondence she is receiving via e-mail to the Commissioners. The zoom meeting is April 14, 2022 at 5:00 pm. The site inspection will take place at 10:00 am that day.
Jurisdictional Opinions
Shields, 372 Black Pond Rd., would like to remove 2 trees near the house that could put the house in jeopardy. Some Commissioners made a site visit. It is a heavily wooded site. John Cumbler concerned this could set a precedent if we approve this request. In March 2020 the applicants requested to remove 2 trees and we did not ask them to replace them. After looking at the map, Agent Greenberg-Lemos determined that these trees are outside of our jurisdiction. Therefore, no action taken by the Commission.
Gaines, 145 Thoreau Way, remove 3 choke cherry trees from the wetland area to create a breeze to lessen the mosquitoes on the property. The applicant did not attend the meeting so that the Commission did not have an opportunity to talk to her. Michael Fisher is concerned about cutting trees in the resource. Agent Greenberg-Lemos stated that the applicant will be attending the 04/20/22 meeting. Michael Fisher moved to continue the Jurisdictional Opinion to 04/20/22; seconded by Leon Shreves. Leon Shreves aye, Barbara Brennessel aye, Michael Fisher aye, Marty Murphy aye, Ben Fairbank aye, and John Cumbler aye. 6-0.
Mac Hay, 91 Commercial Street, erect 30 x 40 tent in the parking lot from mid-April to the end of October. Leon Shreves moved to approve the Jurisdictional Opinion; seconded by Marty Murphy. Leon Shreves aye, Barbara Brennessel aye, Michael Fisher aye, Marty Murphy aye, Ben Fairbank aye, and John Cumbler aye. 6-0.
Damien Wei 40 Hiawatha Rd., Map 28, Parcel 176, remove 1 tree by parking area which is dangerous to vehicles and another tree which is cracked behind the dwelling. No replanting mitigation is necessary. Leon Shreves moved to approve the Jurisdictional Opinion; seconded by John Cumbler. Leon Shreves aye, Barbara Brennessel aye, Michael Fisher aye, Marty Murphy aye, Ben Fairbank aye, and John Cumbler aye. 6-0.
Thompson and Romano, 5 Holbrook Ave, remove dying tree at sidewalk to build a retaining wall with landscape timbers. One limb is severed off and the tree would be in the way of the future construction work and septic system. Barbara Brennessel moved to approve the Jurisdictional Opinion; seconded by Leon Shreves. Leon Shreves aye, Barbara Brennessel aye, Michael Fisher aye, Marty Murphy aye, Ben Fairbank aye, and John Cumbler aye. 6-0.
There was discussion regarding the removal of the septic system from the coastal bank on Melisa Krasting’s property on Ocean View Drive.
Meeting Minutes – to be addressed at the 04/20/22 meeting.
Agent Greenberg-Lemos invited the Commissioners to listen to the Board of Health presentation at 5:30 on April 13 regarding the proposed sewer overlays, one including downtown and a larger overlay for the town.
Agent Greenberg-Lemos announced the town is not ready for in-person meetings.
Leon Shreves moved to adjourn the Business Meeting at 4:25 pm; seconded by Marty Murphy. Leon Shreves aye, Barbara Brennessel aye, Michael Fisher aye, Marty Murphy aye, Ben Fairbank aye, and John Cumbler aye. 6-0.
5:00 - Public Hearings:
Leon Shreves opened the Public Hearing at 5:00. Members attending: Leon Shreves, Barbara Brennessel, Michael Fisher, Marty Murphy, Ben Fairbank, and John Cumbler.
Wagner, 70 Main Street, Map 15, Parcel 5, Certificate of Compliance. Agent Greenberg-Lemos stated that Tim Brady filled out the request and a site visit was made. The work regarding a septic system upgrade was done in compliance. Leon Shreves moved to approve the Certificate of Compliance; seconded by Michael Fisher. Leon Shreves aye, Barbara Brennessel aye, Michael Fisher aye, Marty Murphy aye, Ben Fairbank aye, and John Cumbler aye. 6-0
Miller, 15 Way #625, Map 16, Parcel 622, RDA, Remove damaged downed trees, brush and logs. Open walkway from fallen trees and limbs. Cut remaining stumps to grade level. Cont’d
A site visit was made and Michael Fisher provided photographs of the trees: two by the dock which are blocking the path; he asked how it would be removed from the site. Chris Lucy, the contractor, responded that it would be cut into small pieces and taken up the hill by hand. The Commission discussed whether the tree should remain in the water for habitat. Ms. Miller stated that there is a large pile of brush to the left at the bottom of the path and she is concerned with a potential fire issue. Michael Fisher asked if the dock was permitted and Ms. Miller stated that it was there when they purchased the house. Barbara Brennessel stated that the footprint of the rebuilt dock is bigger than when they purchased. Ms. Miller stated that there were pilings under the original dock. Barbara Brennessel stated that the expansion of the dock was not permitted. Michael Fisher identified another tree they would like to cut down to grade. Mr. Lucy stated that that the tree may provide safety issues with the grandchildren climbing on it. He stated that if there is greenery on the trunks, they will keep the trees there. There is another tree at the top of the bank that has a large branch broken which they want to remove. John Cumbler expressed concern about the removal of all the trees other than the two by the water. Agent Greenberg-Lemos stated that that all the trees identified are damaged and feels the safety issues expressed are reasonable. Leon Shreves moved to approve the RDA; seconded by Marty Murphy. Leon Shreves aye, Barbara Brennessel aye, Michael Fisher aye, Marty Murphy aye, Ben Fairbank aye, and John Cumbler nay. 5-1.
Wise, 41 Sea Oaks Way, Map 36, Parcel 18, RDA, replace structural supports on 2nd floor deck Cont’d. James Robinson represented the application, and the owners were also in attendance. Amended documents were distributed to the Commission. Michael Fisher moved to approve the RDA with the Condition that there be dry wells under the gutter downspouts; seconded by Barbara Brennessel. Leon Shreves aye, Barbara Brennessel aye, Michael Fisher aye, Marty Murphy aye, Ben Fairbank aye, and John Cumbler aye. 6-0.
Boehringer, 164 Cliff Road, Map 24, Parcel 100, NOI Amendment, install a tight tank septic system. David Lyttle and Mr. Boehringer were in attendance. Due to the significant erosion, they want to eliminate the leaching and septic system and replace it with a tight tank septic system which will be a benefit environmentally. It will also be a reduction in the scope of the disturbed area. Michael Fisher stated that the proposed rinse station requires a dry well with nitrogen removing woodchips under it. Mr. Lyttle stated that they will provide this system. Barbara Brennessel asked how the trucks would get to the location to empty the tank and Gary Lucas responded that a new access road is being constructed. He suggested that the Commission can Condition the amended Order of Conditions that the tight tank cannot be installed until the road is accessible. The plan is to get the road roughed in, then set the new tank on the property, and then finish the road. The applicants are concerned the crane would cause damage to the road. There was discussion regarding the coastal bank erosion rate, which was close to 20’ since the last Order of Conditions. The Commission had a discussion regarding the retaining wall and the fact that the house would be endangered by erosion before the tight tank is threatened. There was also discussion regarding the safety of occupants who are at the house and Mr. Boehringer stated that he placed a berm and will place a sand/drift fence at the top of the bank. The Commission made the Condition that, when the top of the bank is within 10 feet of the house, another NOI will have to be filed. Leon Shreves moved to approve the NOI with Conditions; seconded by Michael Fisher. Leon Shreves aye, Barbara Brennessel aye, Michael Fisher aye, Marty Murphy aye, Ben Fairbank aye, and John Cumbler aye. 6-0.
Leon Shreves moved to adjourn the meeting at 5:45 pm; seconded by Barbara Brennessel. Leon Shreves aye, Barbara Brennessel aye, Michael Fisher aye, Marty Murphy aye, Ben Fairbank aye, and John Cumbler aye. 6-0
Respectfully submitted,
Christine Bates, Committee Secretary
Documents:
Wagner, Request for Certificate of Compliance
Miller: Request for Determination of Applicability and back up material
Wise: Request for Determination of applicability and back up material
Boehringer: Letter requesting an Amendment to Order of Conditions to install a tight tank septic system