Approved Conservation Commission Mtg Mins

Approved

Conservation Commission

February 1, 2023

Zoom Meeting

In attendance:  Chair Leon Shreves, Clerk Michael Fisher, Barbara Brennessel, and Marty Murphy.  Plus appointed but not yet fully enrolled new Commissioner, Robert Stewart.

Regrets: Ben Fairbank and John Cumbler

4:00 pm

Business Meeting

Chair Leon Shreves opened the Business Meeting.

Our newest Commissioner, Bob Stewart, introduced himself to the other members of the Commission.  The other Commissioners, in turn, introduced themselves and provided a brief history of their work careers and interests.

Meeting Minutes

Barbara Brennessel moved to approve the January 4, 2023 meeting minutes as edited; seconded by Michael Fisher.  VOTE:  Marty Murphy aye, Michael Fisher aye, Barbara Brennessel aye, and Leon Shreves aye.  4-0.

Jurisdictional Opinion:  575 Chequessett Neck Rd, Map 19, Parcel 120:  replace deck one-to-one, using diamond piers for foundation support.  Agent Greenberg-Lemos had made a site visit.  Barbara Brennessel moved to approve the Jurisdictional Opinion; seconded by Michael Fisher.  VOTE:  Marty Murphy aye, Michael Fisher aye, Barbara Brennessel aye, and Leon Shreves aye.  4-0.

Agent Greenberg-Lemos stated that she issued an Emergency Certificate to Jeff Zinn at 189 Samoset Avenue, Map 28, Parcel 98, for a damaged rock wall.  The rocks will be reset and the equipment will access the site from the abutter’s property. 

Enforcement letters were sent to Trudy Vermehren of the Fox and Crow located at 70 Main Street, Map 15, Parcel 5.  New site plans are to be given to the Building Department, then to the Commission.

Stephanie Gallico of 55 Bay View Avenue, Map 35, Parcel 41, evident unauthorized tree cutting.  She needs to apply for an after the fact filing.

1440 Chequessett Neck Rd., Map 18, Parcel 7 – work to replace the sand-filled rolls is underway.  Agent Greenberg-Lemos received a report that the propane tank is close to the bank and there is concern with it spilling over onto the beach.  It will be pulled out and relocated.  This will be an Emergency Certificate.  The Commission also recommended that the owner remove the abandoned septic system that is eroding out from the bank and in danger of falling on the beach. 

Jude Ahern asked if there is a new Friends of the Herring River contact.  Agent Greenberg-Lemos provided that information.

At 4:30, Michael Fisher moved to temporarily adjourn the Business Meeting; seconded by Barbara Brennessel.  VOTE:  Marty Murphy aye, Michael Fisher aye, Barbara Brennessel aye, and Leon Shreves aye.  4-0.

5:00 Public Hearings

In attendance:  Leon Shreves, Barbara Brennessel, Michael Fisher, and Ben Fairbank.  Plus appointed but not yet fully enrolled new Commissioner, Robert Stewart.

Martin Murphy recused himself from the meeting since he had not received all the documentation for these applications. 

Manning, 1694 St. Hwy, Route 6, Map 14, Parcel 159, Certificate of Compliance.  Agent Greenberg-Lemos stated that this project is in compliance.  Michel Fisher moved to grant the Certificate of Compliance; seconded by Barbara Brennessel.  VOTE:  Leon Shreves aye, Michael Fisher aye, Barbara Brennessel aye, and Ben Fairbank aye.  4-0.

Mandell, 41 and 43 9th St., Map 40, Parcel 155, Request for Extension (addressed at 1/18/23 mtg)  Because it was wrongly listed as part of the agenda, Michael Fisher moved to Indefinitely Continue this application; seconded by Barbara Brennessel.  VOTE:  Leon Shreves aye, Michael Fisher aye, Barbara Brennessel aye, and Ben Fairbank aye.  4-0.

Cohn, 40 First Ave., Map 30, Parcel 124, NOI, Coastal Bank Stabilization and Native Planting (Cont’d from 01/18/23)  Ms. Higgins stated that no new plans were submitted because it is the same plan as previously submitted.  The Commissioners discussed the need for the project and if sand renourishment is necessary.  The house and property do not appear to be in any danger and other properties in the area do not have the requested sand-filled rolls.  There was further discussion regarding the septic system.  At the request of the applicant, the Commission agreed to continue the application to February 15, 2023.  Michael Fisher moved to continue to February 15, 2023; seconded by Barbara Brennessel.  VOTE:  Leon Shreves aye, Michael Fisher aye, Barbara Brennessel aye, and Ben Fairbank aye.  4-0.

Melvin, 35 Holbrook Ave., Map 20, Parcel 138, NOI, Demolish and reconstruct dwelling.  Brian Donahoe represented the applicant and stated that this is a tear down and rebuild.  The house was built in 1910 and another house on the same property was built in 1970 and recently reconstructed with the approval of the Commission, subject to Conditions.  A Certificate of Compliance was issued on September 4, 2019 on the Condition that corrected plans be submitted.  There is a nitrogen-reduction Fast system septic system on this property to accommodate up to seven bedrooms.  A new well also serves both houses.  The 1910 house will be removed and a new house with three bedrooms will be built on the same footprint.  Mr. Snow stated that they are not increasing the total bedroom count on the property since the 1910 house once had three bedrooms.  The dumpster will be placed on the existing lawn, and the existing wetland boundaries are the same.  Mr. Hernandez, designer and architect for the project, stated that the new house will be raised on piers and will have a slab foundation under it for parking two cars.  Michael Fisher questioned if the applicant has yet talked to the Building Inspector requesting a demolition permit and if the project has yet gone to the Historical Commission for review as required by law because this building is over 75 years old.  The applicant responded no to these questions.  Agent Greenberg-Lemos reported the applicant had incurred a fine in September 2018 because of substantial degradation by trucks and other equipment of land within the buffer zone and filter strip.  There are a number of large trees on the steep bank that are overhanging the roof of the 1910 house; the applicant plans to cut these trees down and replace them with grass.  Michael Fisher indicated that replacement trees should be planted elsewhere on the property as mitigation.  The applicant said that there is no room on the property for planting trees since many cars are usually parked on the lawn within the filter strip and buffer zone.  The application lacks information regarding: the total disturbance area on the property within the buffer zone, including the two houses, roadways, paths, lawn, and walkways; the elevation plans of the proposed house; a complete site plan; and a planting plan.  The applicant also failed to state when the decrepit 1910 house was last occupied.  Agent Greenberg-Lemos stated that the Commission would need to know the type of roofline planned because there needs to be gutters, downspouts, and dry wells for run off.  When the town has a public sewer, this property would have to be hooked up. 

Barbara Nestle, abutter at 65 Holbrook, Map 20, Parcel 135, expressed her concern for the damage to the environment from this proposed project within the ACEC and also to her property.  She stated that there cannot legally be two houses on the same property except under the ADU rules.  Further, the 1910 house was long ago abandoned and so a new house cannot just be placed on that site.  She noted that last summer there were approximately 20 cars parked on the property and there is an ongoing Airbnb rental advertisement for five bedrooms for the 1970 house alone.  Her property has experienced erosion from the large trucks that utilize the road to the site.  She stated that the project will create additional issues with storm water runoff and the ground water supply.  

The applicant requested a continuation to March 15, 2023.  Michael Fisher moved to continue to March 15, 2023; seconded by Barbara Brennessel.  VOTE:  Barbara Brennessel aye; Michael Fisher aye; Leon Shreves aye; and Ben Fairbank aye.  4-0. 

At 6:30, Michael Fisher moved to close the Public Hearing and reopen the Business Meeting; seconded by Barbara Brennessel.  VOTE:  Barbara Brennessel aye; Leon Shreves aye; Michael Fisher aye; and Ben Fairbank aye.   4-0.

Barbara Brennessel moved to approve the edited meeting minutes of January 18, 2023; seconded by Leon Shreves. VOTE:  Barbara Brennessel aye; Leon Shreves aye; Michael Fisher aye; and Ben Fairbank aye.   4-0.

Michael Fisher moved to adjourn the Business Meeting at 6:35 pm; seconded by Barbara Brennessel.  VOTE:  Barbara Brennessel aye; Leon Shreves aye; Michael Fisher aye; and Ben Fairbank aye.   4-0.

Respectfully submitted,

Christine Bates Committee Secretary

Documents: 

Manning – request for Certificate of Compliance

Mandell – incorrectly posted

Cohn – no new paperwork

Melvin – NOI application and back up materials