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Home My WebLink AboutMaster Copy LEGEND 99— EXISTING CONTOUR X 99.1 EXIST. SPOT ELEV. -{99]-- PROPOSED CONTOUR 198.4] PROPOSED SPOT EL. TH 1 TEST HOLE 2YYY= SLOPE OF GROUND UTILITY POLE 11 V-0 FIRE HYDRANT II NOTE: NOT ALL SYMBOLS MAY APPEAR IN 0 Scale:1 "= 20' NOTES 1. DATUM IS NAVD 88 2. MUNICIPAL WATER IS EXISTING 3. THIS PLAN IS FOR PROPOSED WORK ONLY AND NOT TO BE USED FOR LOT LINE STAKING OR ANY OTHER PURPOSE. 4. CONTRACTOR SHALL BE RESPONSIBLE FOR CALLING DIGSAFE (1-888-344-7233) AND VERIFYING THE LOCATION OF ALL UNDERGROUND & OVERHEAD UTILITIES PRIOR TO COMMENCEMENT OF WORK. 5. GRADING SHALL BE ACCOMPLISHED SO THAT RUNOFF SHALL NOT BE DIRECTED TO THE PROPERTY OF OTHERS. THE PROJECT SHALL NOT INCREASE RUNOFF, NOR CAUSE FLOODING OR STORM DAMAGE TO ABUTTERS, OTHER PROPERTY OWNERS, OR WETLAND RESOURCE AREAS. 0 10 20 30 40 50 FEET DCE ##>7—>47 SLOPE 0.5% MIN. (TRENCHES LEVEL) PERF. ADS -N-12- PLUS CUT U) W SLOTS WITH SKILLSAW E.O. RIB Fy \OR PURCHASE SLOTTED PIPE MIRAFI 140N TOP AND SIDES TOP EL 6" oSCH40 PVC 12"OH-20 HDPE PIPE 4�1 0717 --11 ° °°°°° °°°j° INV. LISTED 0 000 000 000 00 �o 000008 ° o� 00o 0 00 0 o0000 000 A 3/4" - 1 1/2" WASHED STONE UNDERNEATH AND BESIDE PIPE WIDTH AND LENGTHS LISTED ACME TD6C OR EQUAL TRENCH DRAINS H-20 TD6C PRECAST LT SECTION A -A 1.5 3' DRAINAGE CROSS SECTION NOT TO SCALE toy 0� �y ,S to Cb Cb N ? `D �o otn --'p a T Q o m P a a a m QLo u Uth Shore pr. el 1 Nantucket Sound LOCUS MAP SCALE 1"=2000'± ASSESSORS MAP 33 PARCEL 279 LOCUS IS WITHIN FEMA FLOOD ZONE AE EL. 11 AS SHOWN ON COMMUNITY PANEL #25001CO589J DATED 7/16/2014 ZONING SUMMARY ZONING DISTRICT: R-25 RESIDENTIAL DISTRICT MIN. LOT SIZE 25,000 S.F. MIN. LOT FRONTAGE 150' MIN. FRONT SETBACK 30' MIN. SIDE SETBACK 15' MIN. REAR SETBACK 20' MAX. BUILDING COVERAGE 25% OWNER OF RECORD ROBERT & MARIANNA GIGLIO 70 POND STREET STONEHAM, MA 02180-2841 REFERENCES DB 4591 PG 27 PB 143 PG 37 SITE PLAN FOR 44 MATTACHEE ROAD SOUTH YARMOUTH, MA PREPARED FOR DATE DANIEL A. OJALA, P.E., P.L.S. BOB GIGLIO DATE: OCTOBER 29, 2019 REV.: NOVEMBER 22, 2019 (GRADES) REV.: JANUARY 22, 2020 (CCB, NOTES) off 508-362-4541 I fax 508-362-9880 downcope.com down cope engineering, INC. civil engineers land surveyors 939 Main Street ( Rte 6A) YARMOUTHPORT MA 02675 OFA4,qOF-C DANIEL , ��. g A. �A 'E i��" ��ii3 OJALA W A No. 40980 L 1 a� �o �� Q P � ` FESS\o ST �, r ,,' N� SUR i :SoJ.n_'T DATE DANIEL A. OJALA, P.E., P.L.S. 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CONSERVATION COMMISSION MEETING MINUTES Members Present: January 16, 2O2O Rick Bishop (Chairman) Tom Durkin (vice Chairman), Patricia I\4ulhearn, Ellie Lawrence, Phil Johnston, Paul Huggins, Ed Hoopes Kelly Grant - Conservation Administrator (CA) 6.30pm SE83-62, Bass River Yacht Club, lnc., 22 Frothingham Way, South Yarmouth. Attorney Matthew Fitzsimmons represented the applicant and presented the request. The work being completed per the Order of Conditions, Commissioner Durkin made a motion to issue a Certificate of Compliance. The motion was seconded by Commissioner Hoopes. The motion carried unanimously. Request for Dete rmination of Aoolicabilitv: Bass River Yacht Club, lnc., 22 Frothingham Way, South Yarmouth, proposed repair and rebuild of foundation within the riverfront area of Bass River. Mr. Matthew Fitzsimmons represented the applicant and presented the proposed work. Most of the work shall be completed from the interior of the building. The work area and staging area will be fenced in with sediment control fencing. They will also complete the planting of the beach grass along the top of the bulkhead. A sand vacuum will be used as a first choice for the removal of sediment under the building. Commissioner Durkin requested notification to the CA should any modification to the plan occur. Commissioner Hoopes made a motion to issue a Negative 3 determination. The motion was seconded by Commissioner Durkin. The motion carried unanimously. Edward & Arlene Lynch, 42 Acres Avenue, West Yarmouth, proposed addition within land subject to coastal storm flowage. Mr. Mark Flaherty of Flaherty & Stefani, lnc., represented the applicant and presented the proposed work. Also present was builder Mr. John Duggan. Commissioner Lawrence made a motion to issue a Negative 2 determination. The motion was seconded by Commissioner Huggins. The motion carried unanimously. Capewide Construction, lnc., 194 Berry Avenue, West Yarmouth, proposed foundation repair or replacement, and renovations within land subject to coastal storm flowage and the buffer zone to a coastal bank. Mr. Dan Ojala of Down Cape Engineering represenled the applicant and presented the proposed work. Sediment removed will be trucked off site. Roof drains and drywells will be replaced. Home owner Ms. Joan White addressed the Commission and commented the request for certificate of compliance for the revetment project will be filed in the next month. Commissioner Durkin made a motion to issue a negative 2 and 3 determination. The motion was seconded by Commissioner Hoopes. The motron carried unanimously. Page 1 of 4 Member(s) Absent: Staff: Start Time: Commissioner Lawrence recused herself from the following two items. Request for Certificate of Compliance: On 2/6/202O, on a motion by Commissioner Durkin, seconded by Commissioner Bishop, the Commission voted unanimously, 5-0, to approve these minutes as presented. Page 2 of 4 Notice of lntent: SE83-2216, Brian Serpone, '148 Wendward Way, West Yarmouth, proposed upgrade of septic system, deck replacement, and foundation repair in the buffer zone to an isolated wetland. Mr. Robin Wilcox of Sweetser Engineering represented the applicant and presented the proposed work. Commissioner Hoopes asked what the plans are for the back yard. He suggests some native plantings. Commissioner Lawrence asked about the retaining wall. Mr. Wilcox responded that the wall is relatively new, along with the fill and will be removed as a part of the poect. Commissioner Lawrence expressed concern about the impact of changing the gradient on runoff. Commissioner Durkin commented that approving a replacement rather than a repair will limit the contractor's options. The CA recommended restoration plantings from 10 feet off the house to the existing vegetation with native plantings. Commissioner Lawrence made a motion lo issue an Order of Conditions approving the project with the following conditions: 1-13, 15, 17, 30, 31, 32, (native plantings 10 feet off the structure in any disturbed areas), 37, and the deck cannot be enclosed for future habitation. The motion was seconded by Commissioner Mulhearn. The motion carries unanimously. Commissioner Hoopes recused himself from the following item as he was not at lhe previous meetrng. SE83-22'14, Continued from 12/19/2019, Lance & Pamela Willsey, 27 Aunt Edith,s Road, South Yarmouth, proposed landscape improvements within the buffer zone to a coastal bank, land subject to coastal storm flowage, and riverfront area. Mr. Brad Holmes of Environmental Consulting represented the applicant and presented the proposed work. The 35 and 50 foot setbacks were added to the plan and additional mitigation plantings were added. The site was staked. Commissioner Bishop commenled that the Commission will need to address the stone patio and fire pit that was completed without a permit. Mr. Holmes responded that the previous permit allowed a wood deck on the coastal bank. The stone patio was build landward of the coastal bank. Commission Huggins had concerns with the extent of the lawn walkway. Commissioner Lawrence suggested the lawn walkway could be reduced in size and still allow access. The patio is also of concern and the steps from it appear to be in poor condition. The CA commented that the patio is outside the 35 foot setback but the walkway is within the setback and the mitigation is required to enable a variance. She suggested a condition that the salt marsh be left to regrow and there be no further disturbance in the future. She commented that the plantings are largely replacing existing landscaping with some expanded areas. The CA suggested the lawn walkway be reduced in width. Commissioner Bishop commented that the gas fire pit could remain if the walkway was reduced in size. Mr. Holmes responded that the association has easement rights and they did not want to cause access concerns. Commissioner Durkin made a motion to issue an Order of Conditions approving the project with the following conditions: 1-6,7 , 8, 10, 11 , 12, 13, 29, 31,32, no further disturbance of salt marsh, 37, and MassDEP condition: 310 CAIR 10.58(5)(9) prohibits further alteration within the mitigation area, except as may be required to maintain the area in its restored or mitigated condition. Prior to requesting the lssuance of the Certificate of Compliance, the applicant shall demonstrate the mitigation has been successfully completed for at least two growlng seasons- The motion was seconded by Commissioner Lawrence. The motion carried unanimously. Request for an Amended Order of Conditions: SE83-2125, Robert & Marianna Giglio, 44 Mattachee Road, West Yarmouth. Mr. Dan Ojala and Mr. Giglio were present and presented the changes to the plan. The Request for Amendment was a result of an Enforcement Order due to the violation of an Order of Conditions. Mr. Ojala On216l202O, on a motion by Commissioner Durkin, seconded by commissioner Bishop, the Commission voted unanimously, 6-0, to approve these minutes as presented. commented that changes in the building code required that the design by changed. The retaining wall added at the back has levelled the lot and will allow more rainfall to be infiltrated. The driveway was changed from a horseshoe to a "straight in" design. A Cape Cod berm and a trench drain has been added to the plan to capture runoff from the driveway. The neighbors' concerns with runoff are due to naturally high and recently record high groundwater conditions. The lowest elevation at the site is about 5 feet and the adjusted groundwater ts at 4 feet, so groundwater is very close to the ground level. Residents with a basement and a sump pump will experience higher levels of groundwater in their basement. Mr. Giglio confirmed that he has experience of the neighbor's basement flooding over many years when he went to turn their water and sump pump on each season. Mr. Ojala commented that they would add wattles while the site stabilizes. Roof runoff is being captured and infiltrated. Commissioner Hoopes commented that the revised plan made sense. The high groundwater issue is unfortunate. Commissioner Huggins clarified that there was a violation because the Order was not followed. He asked whether it was necessary for the driveway to be all paved and very thick. Mr. Giglio responded that when the paved driveway was put in he asked the contractor to put in a Cape Cod berm on each side. The contractor instead lifted the side ofthe driveway up 6 inches to pilch it toward the inner part of the driveway. Commissioner Huggins asked if a non-permeable driveway is the best solution. Mr. Ojala responded that a permeable driveway would have infiltrated more runoff to groundwater. The paved driveway will instead drain to a strip drain that will infiltrate to a dry well. Commissioner Durkin asked for clarification from the CA as to whether a plan has been provided that certifies that runoff will be retained on site. Mr. Ojala confirmed that he could provide this. lt can be added as a note on the plan now and certification can be provide in a letter when the work is completed. Mr. Gigilo commented that when the retaining wall was built a drywell and 20 inches of stone was added first so that any water would infiltrate before it leaving the property and so water won't build up behind the wall. Commissioner Durkin suggested continuing the hearing to allow the updates to the plan to be made. Commissioner Lawrence expressed concern that the substantial changes to the plan were not presented to the Commission at the time. The Chairman read a letter from Mr. Peter Conley with a concern over the property line. The Chairman commented that a property line dispute is a civil matter and will not be addressed by the Commission. Attorney James O'Brien acting for the abutter at 50 Mattachee Road addressed the Commission. He expressed the neighbols concern that improvements to the land were done in violation of the Order of Conditions. They have not had the opportunity to review the revised plan. He commented that his client has owned the property since 1995. He commented that water runoff from the property has been unreasonable and has been carried out under a violation. He asked to provide photos to the Commission. The Chairman responded that the photos could be given to the CA for review and distribution, as the hearing was to be continued. Commissioner Durkin made a motion to continue the hearing until February 6'h 2020 to allow the abutter to review the plans and for Mr- Ojala to provide an updated plan. The motion was seconded by Commissioner Hoopes. The motion carried unanimously. Reouest for Aoorova I of an Updated Plan: Shari Lopilato, 75 Sullivan Road, West Yarmouth. Shari and Steve Lopilato addressed the commission and presented the proposed changes to the plan. Commissioner Lawrence made a motion lo approve the updated plan. The motion was seconded by Commrssioner Huggins. The motion carried unanimously. Request for Certificate of Compliance: SE83-2105, David Tagliavini , 126 Breezy Point Road, South Yarmouth. The work being completed per the Order of Condrtions, Commissioner Hoopes made a motion to issue a Page 3 of 4 On216l2O2O, on a motion by Commissioner Ourkin, seconded by Commissioner Bishop, the Commission voted unanimously, 5-0, to approve these minutes as presented. Certificate of Compliance. The motion was seconded by Commissioner Durkin. The motion carries unanimously. SE83-1909, Richard Bishop, 17 Point of Rocks Road, Yarmouth Port. Mr. Rick Bishop and Mary-Ann Agresti presented the request. The work being completed per the Order of Conditions, Commissioner Lawrence made a motion to issue a Certificate of Compliance. The motion was seconded by Commissioner Hoopes. The motion carries unanimously. Meetinq Minutes: December 19,2019. Commissioner Durkin made a motion to approve the minutes as written. The motion was seconded by Commissioner Lawrence. The motion carried unanimously. New Business MACC Conference - The Conference is February 29, 2020. Commissioner Bishop and Hoopes may be able to attend. Commission positions for 2020. Commissioner Bishop announced his resignation as Chairman. Commissioner Durkin expressed his thanks for his hard work in the position. He made a motion that the positions and procedures of the Commission be reviewed each January. The motion was seconded by Commissioner Lawrence. The motion carried unanimously. Election of new Chairman. Commissioner Johnston nominated Commissioner Durkin to be chairman. Commissioner Durkin declined the nomination. Commissioner Johnston nominated Commissioner Hoopes to be chairman. Commissioner Hoopes accepted the nomination with a condition that the position be reviewed in one year. Commissioner Lawrence made a motion to appoint Commissioner Hoopes as the new chairman. The motion was seconded by Commissioner Huggins. The motion carried unanimously. Commissioner Lawrence made a motion to adjourn at 8.16pm. The motion was seconded by Commissioner Huggins. 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F' � � a V :- iti w xo O vJ U Ln oO C) F- J d c� ON vU Oa i rn v Oat � J N U .c z Q 04p W 0 N W CNj ON U Q Z W '/� V, OwN '^ 0 m >- M of {i/ ♦ O w O O W J LdW _ - � d U) Lw- �oV) > Z C)ZQ U D30 �o� W �O m Z J w O Z �poQO� O WQ /!! i>>>�> o �Z Q V Z I o Q oo�*O �0 Y �u F -- L LI W L0Ll- C) L0 0 d - O M LO =a = a WZ O ,. F' � a V :- M U Ln C) F- J d O i N I — F- V) U z Q W 0 U Z W '/� V, H '^ Ld {i/ ♦ O W W J LdW _ - � d U) �oV) > Z w v) U D30 �o� W �O m Z J w O Z �poQO� O WQ /!! o �Z Q V Z I o Q oo�*O �0 Q = �W o . Z O °o.YnO F -- L LI W L0Ll- C) L0 0 d - O M On 3/5/2019, on a motion by Commissioner Durkin seconded by Commissioner Mulhearn, the Commission voted unanimously, 4-0, to approve these minutes as presented. CONSERVATION COMMISSION MEETING MINUTES February 6, 2020 Members Present: Ed Hoopes (Chairman), Tom Durkin (vice Chairman), Rick Bishop, Patricia Mulhearn, Ellie Lawrence, Paul Huggins, Member(s) Absent: Phil Johnston Staff: Kelly Grant — Conservation Administrator (CA) � A',RRM0101''"I I' WIN "-°LI ERIk tart Time: 6.30pm . ;. �q��;, �y RE Notice of Intent: SE83-2217, Jeff Colby, Town of Yarmouth DPW, 146 Standish Way, West Yarmouth, proposed stormwater BMP within the buffer zone to a coastal wetland and coastal beach. Mr. Nicholas Aguiar, Engineer for the Town, and consultant Mr. Nick Cristofori of CEI represented the applicant and presented the proposed work. Since the application was submitted they have decided to move the outfall approximately 20 feet onto the Town property. This is so that the outfall will no longer be on the neighboring property, making maintenance simpler and avoiding salt marsh impacts. The project is almost entirely subsurface. The project must be constructed by the end of June 2020 under the terms of the grant. Commissioner Bishop commented that ideally they would treat more than the first half inch of the rain storm. Commissioner Lawrence confirmed that the same channel through the marsh would exist. Mr. Cristofori confirmed there would be a new headwall or manhole but the same channel would be used for discharge. Commissioner Mulhearn asked about maintenance of the pavement area. Mr. Cristofori responded that the Operation and Maintenance Plan includes vacuuming out of any sediment from the permeable pavement twice a year. The CA asked how the town will go about that maintenance. Mr. Aguiar confirmed that the Town owns a vacuum truck that will be scheduled for maintenance. Commissioner Hoopes commented that a new plan will be required showing the new outfall location. Commissioner Huggins made a motion to issue an Order of Conditions approving the approving the project at 146 Standish Way under Massachusetts 310 CMR 10.00 and the Yarmouth wetland protection regulations, to include all applicable standard bylaw conditions and the following special conditions (if any): • updated plans that move the outfall location be provided and approved by the CA prior to issuing the Order. The motion was seconded by Commissioner Durkin. The motion carries unanimously. Request for an Amended Order of Conditions: Cont. from 1/16/2020, SE83-2125, Robert & Marianna Giglio, 44 Mattachee Road, West Yarmouth. Mr. Dan Ojala and Mr. Giglio were present and presented the changes to the plan. Mr. Ojala commented that a note has been added to plan with regard to runoff from the property. There is history with the abutting properties as the applicant assisted the neighbor by leveling of their lot with fill. There is extremely high groundwater in the area that casues challenges. The flood zone elevations required him to elevate his home. He added in walls to Page 1 of 7 On 3/5/2019, on a motion by Commissioner Durkin seconded by Commissioner Mulhearn, the Commission voted unanimously, 4-0, to approve these minutes as presented. reduce the slope from the house with gravel added under the walls for infiltration and under the porch to infiltrate roof runoff. A trench drain is to be added to the driveway to capture runoff that is directed toward the road and the Cape Cod berm is designed to channel water away from the neighboring property. The runoff conditions should be the same or better than the preconstruction conditions once completed per the plan. Commissioner Bishop expressed concerns with the asphalt driveway. The original application was approved with half round pervious driveway. Mr. Ojala responded that the runoff has been addressed with a trench drain to a leaching area. He asked if it is an aesthetic issue. Mr. Giglio commented that he had to change the design because the house needed to be elevated more than originally planned. He commented that he has added loam to the edge of the driveway to blend it into the lawn area. Commissioner Lawrence expressed concern that the side of the driveway pitches toward the neighbor on the side of the driveway. Commissioner Huggins asked if the issue is mainly visual rather than runoff related. Mr. Ojala responded that the runoff will be contained so it is likely a visual concern. Commissioner Huggins asked if the driveway can be reduced in size. Mr. Ojala responded that it could be reduced but this is not preferable due to the cost and the utility. They would prefer to manage the runoff. Mr. Giglio commented that the contractor increased the thickness of the driveway without his knowledge. He did it in response to complaints from the neighbor about runoff. Commissioner Durkin confirmed that the abutter had had the opportunity to view the revised plans. Commissioner Hoopes suggested reducing the size of the driveway to provide more area for infiltration. Mr. Ojala said it was possible to reduce the driveway by at least a foot, but there would be little to no benefit in terms of reducing runoff. Commissioner Hoopes asked if the engineer would be comfortable certifying the project does not increase runoff. He also commented the aesthetics are not a consideration for the Commission. Mr. Ojala responded that he would want to wait a year before a Certificate of Compliance is requested to allow the site to recover and the lawn to become established. Attorney Edward W. Peitnik, Jr. represented the O'Sheas, abutters to the project at 50 Mattachee Road. He commented that the driveway was supposed to be horseshoe and pervious, but has been changed to a thick black rectangle butting up against the O'Shea's property. The O'Sheas would like to sell their house and the driveway will impact that. He commented that the driveway and should be removed. Cost should not be a consideration as the property owner created the problem. He provided photos of flooding of the property for the Commission's consideration. He commented that the wall was built closer to the property line than the permitted plan and that the changes to the property have increased groundwater and surface flooding on the O'Shea's property. Previously the O'Sheas had about two weeks of groundwater flooding in the crawl space in the spring. It has now become so bad that they needed to buy a fifteen thousand dollar pumping system to remove water from the crawl space. It became so bad that they had to stop pumping because they flooded the street. Attorney Peitnik listed the violations of the Order of Conditions carried out by the applicant. He commented that the no fines were issued, while the neighbors have had to pay for the pump. He commented that the runoff from the driveway is running directly into the O'Shea's property. He commented that due to the increased water on the property, they now have a mold issue. He commented that the applicant has ignored almost 50% of the conditions in the Order. Property owner Ms. Regina O'Shea addressed the commission and expressed concern with impacts of the water on her septic system. Commissioner Hoopes commented that this is a flood zone -only filing, so the Commission does not have performance standard to apply. He confirmed that the sump pump was releasing water to the front corner of the lot. Ms. O'Shea confirmed that she pumped constantly for two weeks until she had to stop because she was flooding the whole street. Commissioner Hoopes commented that this neighborhood has known Page 2of7 ;a 40,fiP 10;:-m4:' s0 j � On 3/5/2019, on a motion by Commissioner Durkin seconded by Commissioner Mulhearn, the Commission voted unanimously, 4-0, to approve these minutes as presented. high -groundwater issues. Mr. Ojala added that the testimony of Ms. O'Shea confirms that she was pumping groundwater to the surface rather than runoff from the abutting property. There is not enough rain in a year to require constant pumping for two weeks. This proves that Ms. O'Shea is pumping from the water table, which is unfortunate, but not caused by the applicant. Attorney Pietnik responded that Ms. O'Shea says she has not had this issue prior to the project starting apart from the two weeks in the spring. Ms. O'Shea commented that she now has ten months of water in her crawl space. Mr. Ojala responded that it would not be an issue if she did not pump it. He confirmed that during construction some water has left the site but the project has not caused the higher groundwater. The rainfall in the entire drainage area contributes to the height of the water table. Commissioner Durkin commented that there was an approved site plan and that plan was not followed. Changes to the plan cannot be approved until the project meets the approved requirements. Commissioner Bishop commented the project differs considerably from the approved plan. Commissioner Hoopes suggested more soft solutions could be used to absorb runoff and the driveway should be reconfigured. Commissioner Lawrence commented that the back yard is also considerably different than the approved plan. Mr. Ojala responded that the changes to the plan actually reduce runoff from the property more than the original design. He reiterated that making these changes will not solve the abutters' issue, as they are pumping ground water to the surface and flooding their own property. He understands that Mr. Giglio should have sought permission before making changes, but he did make efforts to assist the abutters by adding fill to level their lot. The abutter is in an unfortunate situation that the house is so low-lying. The CA commented that there are a number of procedural violations of the Order and fines may be appropriate; however, the revised design of the project does not appear to increase runoff post -construction, and this will be confirmed by the engineer's certification. Commissioner Hoopes commented that he would prefer to see the property owner's money spent on addressing the issues with the driveway rather than on fines. Commissioner Huggins responded that making changes to the project will somewhat alleviate the problem but will not solve the problem for the abutter due to the high groundwater. Mr. Ojala responded that this is a flood zone project and many of the conditions are designed to address wetland interests that are not present at this site. There is data available showing the record high groundwater. They are willing to make some changes to further reduce runoff. Mr. Ojala is prepared to certify that as designed the project will generate no further runoff than the preconstruction conditions, if the work is completed per the plan. Commissioner Bishop suggested the project should be changed to a pervious driveway and walkway per the original plan. The rear of the property could remain as it is. The other Commissioners agreed. Mr. Ojala confirmed that the plan will be revised to include a small retaining wall at the front of the property, an increase in the grade against the house and a circular pervious driveway and walkway. Commissioner Hoopes commented that the project should still be completed within the permitted three years. Ms. O'Shea asked if the changes to the project will reduce the surface flooding. Mr. Ojala responded that the wall around the septic system was removed and loam was added to the property and perhaps the loam is not as pervious as the previous surface. Aeration of the soil may help along with establishing a healthy lawn. Mr. Ojala added that the addition of swales will help with infiltrating water. Commissioner Bishop made a motion to continue the hearing to the March 5th 2020 meeting with the plan to be received at least seven days prior to the meeting. The motion was seconded by Commissioner Lawrence. The motion carries unanimously. SE83-2206, Great Island Ocean Club Homeowners, Powers Lane Beach Parcel, W. Yarmouth h VARWDI Page 3 of 7 - -,- On 3/5/2019, on a motion by Commissioner Durkin seconded by Commissioner Mulhearn, the Commission voted unanimously, 4-0, to approve these minutes as presented. Mr. Dan Ojala of Downcape Engineering represented the applicant and presented the revised work plan. NHESP has provided additional conditions for the project. Commissioner Bishop asked if they had a photo of the machine to be used. Mr. George Doble of the Great Island Ocean Club provide photos and video of the machine to be used. Commissioner Bishop asked for details of where the material removed will be disposed of. Mr. Goble responded that it will either go to the Town landfill, Child's, or S & J's licensed facilities. Commissioner Bishop asked for the approximate timeframe planned for raking. Mr. Goble responded that they would do an initial raking near the end of March, and then only when needed, maybe twice more during the summer. Commissioner Lawrence asked about the planned access point. Mr. Goble responded that there are four access points to the beach through GIOC property. The most suitable access point is the center access point on Powers Lane. There is a three-foot wide and a five-foot wide machine. They will decide which is most appropriate. Commissioner Hoopes commented that there should not be an expectation that access points could be widened for machine access. Commissioner Lawrence asked for confirmation of the frequency of raking. Mr. Goble confirmed that there would be an initial raking prior to April 1St and then between April 1St and August 31 raking would only be done if needed. Mass Audubon monitors would be present during any raking. Commissioner Lawrence commented that she would like to limit the raking to once during the summer. Commissioner Hoopes commented that raking should be timed to occur before the chicks hatch and then would not need to be done until after the chicks have fledged. Commissioner Huggins asked if the stakes of the raking area would remain in place to guide the person raking to stay within the approved areas. Mr. Goble commented that the nesting areas will be roped off. The raking should only occur within the previously permitted areas. The CA commented that the raking should be to pick up excess seaweed and trash debris only, not shells and stones that make up the composition of the sand. Commissioners Hoopes and Durkin responded that a finer material will be removed from the sand also, similar to that done at Seagull Beach. Ms. Elaine Gambrazzio of 19 Powers Lane addressed the Commission and expressed concern with the way they would access the beach. She is concerned with erosion impacts to her property due to the access path abutting her property. She asked that the existing fences not be widened for access. Commissioner Hoopes responded that they will not be allowed to widen the access path. Ms. Sciavonne of 11 Powers Lane commented that beach raking has occurred in areas that were not permitted for raking. She asked that the CA be available to monitor the raking areas. She also commented that two of the access points have stairs and a gazebo, so would not be suitable for access. Commissioner Huggins made a motion to issue an Amended Order of Conditions with the existing conditions, the additional NHESP conditions, that access to the beach be via existing GIOC access points, and the CA be present prior to commencement of raking. The motion was seconded by Commissioner Bishop. The motion carried unanimously. Request for Certificate of Compliance: SE83-2002, John C. O'Dea, 177 River Street, South Yarmouth. The work approved under the Order was never started. Commissioner Durkin made a motion to issue a Certificate of Compliance. The motion was seconded by Commissioner Mulhearn. The motion carried unanimously SE83-2064, Richard Bishop, 17 Point of Rocks Road, Yarmouth Port. The work approved under the Order was never started. Commissioner Durkin made a motion to issue a Certificate of Compliance. The motion was seconded by Commissioner Mulhearn. The motion carried unanimously. Page 4 of 7 20AOWN C. PIR"- U�: On 3/5/2019, on a motion by Commissioner Durkin seconded by Commissioner Mulhearn, the Commission voted unanimously, 4-0, to approve these minutes as presented. The Chairman called a four minute recess, returning at 8.20pm. Violations: 104 River Street, vegetation removal. Commissioner Lawrence described the violation. Some vista pruning and invasive removal was approved by the CA. After the property was recently sold, additional vegetation removal was carried out without approval. The property owner was not present at the meeting. The Commission discussed the violation in their absence. The Commission decided that no further cutting of vegetation shall be allowed and the undergrowth shall be allowed to regrow. Commissioner Huggins expressed to desire for the Commission to issue fines as a matter of course for any new violation. There was a general discussion about the issuing of fines. Commissioner Lawrence asked if automatically issuing fines should be the new policy moving forward. Commissioner Hoopes responded that it should be handled on a case-by-case basis. Commissioner Durkin suggested allowing the CA to determine to the applicability of issuing fines. The CA suggested the Commission review each violation and determine if a fine is appropriate. Commissioner Huggins asked when it wouldn't be appropriate to issue a fine. He suggested it would be more consistent to issue fines in each instance and it would send a clear message to violators. Commissioner Hoopes suggested he would support a $100 fine in this instance. He commented that fines have not typically been issued where the property owner incurs a cost to rectify the violation. He thinks the fines should be based on the severity of the event. Commissioner Huggins reiterated that there should be a fine issued for every violation to be consistent. The word will spread fast and deter future violations. Commissioner Huggins made a motion to issue a $300 fine. The motion was seconded by Commissioner Lawrence. Vote: For: 3 (Huggins, Mulhearn, Lawrence), Against: 3 (Hoopes, Bishop, Durkin). The motion does not carry. 26 Pondview Ave and 34 Pondview Ave, vegetation removal. The CA has contacted the property owners to request a meeting to discuss a potential violation. The violation was reported by a neighbor and has not yet been confirmed. 76 Harbor Road, retaining wall. A retaining wall was constructed in the flood zone to replace and expand an existing wall. The CA will visit the site and may be able to sign off on the building permit application. Commissioner Huggins suggested this is another example that warrants a fine. Ignorance of the rules is not a defense. Commissioner Bishop suggested that having a reputation for being difficult can encourage people to avoid the permitting process. Commissioner Huggins responded that people should not be allowed to disregard the rules. Commissioner Hoopes commented that with enough resources the conservation office could be more stringent, but with limited resources the CA has to prioritize efforts where they will have the most benefit. Commissioner Huggins agreed but suggested where the CA is able to address violations, they are addressed more strictly with regard to fines. 38 Lookout Road, vegetation removal. The CA has a site visit scheduled with the property owner to assess the extent of the violation. Commissioner Huggins asked for an item on a future agenda to further discuss fines for violations. He also asked that violations be included in the Commission's site visits. Other Business: Michael O'Donovan, 98 Wilfin Road, Permission to carry out work on Run Pond conservation property (Map/Lot 34/238). Mr. O'Donovan addressed the Commission and presented his request. He is asking for permission to control phragmites on marsh adjacent to his property e' I' OWN Ctf m., Page 5 of 7 - �- On 3/5/2019, on a motion by Commissioner Durkin seconded by Commissioner Mulhearn, the Commission voted unanimously, 4-0, to approve these minutes as presented. that is encroaching on his property. The phragmites is overtaking the native vegetation and blocks his view of the pond. Commissioner Hoopes asked if he is controlling the phragmites on his own property. He responded that the phragmites is spreading from the north and is beginning to strangle out the pond. The CA clarified that the spread of phragmites is due to the high nutrient levels in the pond largely due to septic system discharges. She commented that there are three aspects to this project. Firstly, there is the permission from the Town required to perform work on the Town property. Town Counsel has advised a formal agreement for this would be appropriate. Secondly, there is the wetland permitting required to carry out the work within a resource area. Thirdly, there is the fact that work has already been carried out without permitting which constitutes a violation. Mr. O'Donovan apologized and stated that he cut the seed heads from the phragmites and disposed of them in trash bags. He anticipates the phragmites will return again this year. Commissioner Hoopes asked if the property owner was aware of the process involved with permitting such an ecological restoration project. Mr. O'Donovan asked if he could have permission to cut in the short term until a longer term solution was sought. The Commission agreed to allow the work to take place on the Conservation property. The property owner would still need to go through the permitting process. The CA commented that there needs to be a long-term commitment to the project so that the problem is not made worse. A management plan should be developed by someone experienced and qualified to manage invasive vegetation. The CA pointed out that there is a dock on the property and that it does not appear to have a permit or license. Mr. O'Donovan responded that Brad Hall told him he could put a dock on the property when he first purchased the property. The sand area has been maintained since the property was purchased. The CA responded that the owner was still required to have a license for the dock as it is on a Great Pond. The property owner responded that he has deeded rights to the pond. The CA responded that on reading the deed there is deeded access to Nantucket Sound from South Shore Drive and rights of the public in the use of Run Pond as a Great Pond. Commissioner Hoopes suggested that the property owner take a month to explore their options and contact the CA on how they would like to move forward. The CA commented that there is a Town project that is scheduled to begin in early 2021 that would address phragmites on Run Pond. Mr. McDonovan suggested he would be willing to make a financial contribution to the project if this area of Run Pond could be included in that project. The CA responded that this could simplify the approvals and permitting process and could be looked at as an option. 2020 Seagull Beach Maintenance Plan. The plan is mostly unchanged from last year. There is evidence of equipment driving over the toe of the dune. The Commission asked for a letter to be sent to the Town requesting they follow the maintenance plan requirements or face enforcement. The Director of the Health Department commented that the Town should designate a disposal location for excess seaweed. Regulations Update — Schedule separate workshop. The Commissioners agreed to schedule a workshop on March 10 at 6pm to work on updates to the regulations. Meeting minutes of January 16, 2020. Commissioner Durkin made a motion to approve the Minutes as written. The motion was seconded by Commissioner Bishop. The motion carries unanimously. Page 6 of 7 On 3/5/2019, on a motion by Commissioner Durkin seconded by Commissioner Mulhearn, the Commission voted unanimously, 4-0, to approve these minutes as presented. Staff Updates: The CA asked for approval to spend funds from the Conservation Fund for signage at Conservation properties. The CA brought the Eversource Right -of -Way pruning plan to the attention of the Commission. Commissioner Durkin made a motion to adjourn from the regular meeting at 9.26pm and enter executive session. The Commission will not return to regular session. The motion was seconded by Commissioner Mulhearn. The motion carries unanimously. Executive Session: Discussion on litigation - Green Harbor Village Ltd v Yarmouth Conservation Commission Commissioner made a motion to adjourn open session at pm., and to enter executive session. The motion was seconded by Commissioner The motion carries unanimously. 2 PO -30 R -�. PRI - Page 7 of 7 ME f + moi, ,. _ � r � .�� g� •� k 1 q �� m� 'e .� i i t h r •� � ivK ii � i E � -e t'r � } k �r F '• i k �` a � � � 7 � 'y�7 4 � Lk li �. - •� �:'!.�' ,.{f .' if„�R, 1�'.1': a._ � : �rli pprig++,, JJ ..�. ��.� �{�.:.. „ .! -. ��,i f 'c1 { q s Zz .ikf•�1 rA� yl aC, r V} I y 'f fiFyi I�'��yj' x .. ' . � L 1 ��-"r.k��f;,4� � S1;C{r p � s i II 9 = m m �mO — w 0 0 V 0 rrt m Grant, Kelly From:Daniel A. Ojala PE, PLS <downcape@downcape.com> Sent:Friday, February 28, 2020 11:27 AM To:Grant, Kelly Cc:Priscilla@downcape.com; 'A. M. Wilson Associates' Subject:Giglio SE83-2125 Attachments:17-147 Giglio Site Plan rev 2-27-20.pdf Attention! This email originates outside of the organization. Do not open attachments or click links unless you are sure this email is from a known sender and you know the content is safe. Call the sender to verify if unsure. Otherwise delete this email. RE: SE83-2525 Giglio Dear Commission Members: Attached is a revised plan responsive to the Commission’s requests, and also responds to the AM Wilson letter dated 2-25-2020. Please note that the roadway in this area is pitched from North to South, and there are hundreds of feet of street drainage running past and onto the sites. There have been historic drainage problems in this area, and a very high seasonal groundwater level which had contributed to wet crawlspaces and the drainage issues due in part to sump pump discharge. In general having a yard lower than the street invites road runoff onto the properties, raising the grades slightly adjacent the layout is suggested to prevent street runoff from entering the private properties adjacent the roadway surface. As can be seen on the Site Plan revised 2-27-2020 we have extended the rear grouted cinderblock retaining wall to blend in with the existing rear grade and created a larger grass lined swale on the locus side of the wall to ensure the runoff from the rear of the property is properly infiltrated onsite. There is no need to remove the wall and fill, this will only recreate the same set of condition a couple feet lower, and closer to the adjusted groundwater. We are removing the paved driveway, pulling it back a full 8’ from the lot line and replacing with pervious gravel, and creating a three to one slope down to a six inch deep swale along the lot line between the retaining wall and the front lot line. To ensure the runoff is clearly demarcated between the properties, a rigid plastic landscape edging is proposed with a three inch reveal in this area. 1 This edging will help deflect the abutters sump pump discharge which is inches from our property, and will help ensure this discharge does not enter the swale on locus and overload the swale. A section through the swale is shown for clarity. Since only a tiny amount of walk and slope is pitched into this swale, the size is adequate to ensure this small amount of runoff stays on locus. The roof is connected to subsurface leaching, and a deep gravel base under the concrete footing on the grouted and reinforced cinder block retaining wall helps ensure runoff stays on our side of the wall. Although not a conservation issue, please note it is proposed the cinder block retaining wall will be finished with a solid capstone and the face of the wall finished in stucco which is the same material as the abutters house, so the aesthetics should match nicely. I would also note that the recent loam placed on this abutting property is compacted and holding water, it should be scarified and seed added and watered sufficiently to germinate a healthy lawn which would significantly increase the infiltration in that area. Daniel A. Ojala PE, PLS down cape engineering, inc. 939 Main St. Yarmouthport, MA 1-508-362-4541 x106 1-508-362-9880 fax downcape@downcape.com 2 On 4l1612O20, on a motion by Commissioner Durkin, seconded by Commissioner Huggins, the Commission voted unanimously, 4:0:2 (abstain Lawrence/Bishop), to approve these minutes as presented. CONSERVATION COMMISSION MEETING MINUTES Members Present: Membe(s) Absent: Staff : Start Time: March 5, 2020 Ed Hoopes (Chairman), Tom Durkin (vice Chairman), Phil Johnston, Patricia Mulhearn, and Paul Huggins. Ellie Lawrence and Rick Bishop Kelly Grant - Conservation Administrator (CA) 6.30pm Request for Determination of Applicabilitv: Mary-Joe Perry, Mass Department of Transportation - Highway Division, Boute 6, Yarmouth, vegetation cutting {or road sarety. Mr. David Goldstein of MassDOT presented the proposed work. Tree trimming work is about 50 feet from the wetland resource area. Mr. Tom Baron addressed the Commission as a member of the public. From his previous professional experience he suggested that this tree work should be done routinely rather than as a major project. He also suggested doing it in the fall or winter when there was less roliage. Commissioner Mulhearn made a motion to issue Negative 3 determination. The motion was seconded by Commissioner Durkin. The motion carries unanimously. Notice of lntent: SE83-2225, Mark Haggerty, 12 Jessie's Lane, South Yarmouth, proposed boathouse and piling replacement within the riverfront area oI Bass River. Mr. Kieran Healy ol BSC Group represented the applicant and presented the proposed work. Commissioner Durkin asked how the new structure would be more storm resilient. Mr. Healy responded that the pilings are in poor conditions and will be replaced. Commissioner Durkin made a motion to rssue an Order of Conditions approving the project SE83-2225 at 12 Jessie's Lane with the following standard conditions: 1-8, 10-12, 17-19,25,26,36,37, and the following Special Conditions: . There shall be no habitable space within the boathouse;. There shall be no storage o1 chemicals, fuel or other hazardous materials;. A construction protocol be submitted prior to commencement of work;. Flood Venls are to be added The motion was seconded by Commissioner Mulhearn. The motion carries unanimously. Page 1 of 9 On 417612020, on a motion by Commissioner Durkin, seconded by Commissioner Huggins, the commission voted unanimously, 4:0:2 (abstain lawrence/Bishop), to approve these minutes as presented. continued from 2/20/2020, sEBg-2218, Maryellen Mara, Acres of pines Association, lnc., 65 Lewis Bay Blvd., west Yarmouth, proposed beach nourishment and maintenance in Lewis Bay. Commissioner Durkin recused himsel{ lrom the hearing. Mr. Mark Burgess of Shorelront consulting represented the applicant and presented the proposed work. The beach was nourished about twenty years ago and the association wishes lo increase to the old prolile. All nourishment will be above the mean high water line and is limited to i00 cubic yards. Commissioner Huggins pointed out the negative impacts of removing the stone from the beach. Commissioners Johnston and Hoopes agreed with leaving the stones in place. The commission agreed that raking should be limited to trash and excess seaweed, to be raked by hand. commissioner Mulhearn made a motion to issue an order of conditions approving project sE83-2218 at 65 Lewis Bay Blvd. (Acres of pines Beach) with the following standard conditions (as edited): 1-8, 11, 12, 19,21,25,26,37, and the following Special Conditions: ' Markers should be placed at the limits of beach nourishment prior to beach noulshment taking place and the CA shall be called for pre-nourishment meeting onsite. Grain size analysis shall be provided five days out to demonstrate nourishment material is compatible. lmmediately lollowing completion oI each nourishment activity, the project engineer/surveyor shall confirm in writing the volume and grading has been completed per the approved plan. ' This Order o, Conditions does not permit the removal or artiticial relocation of any stones and cobble with the resource area.. Grading of the nourishment material shall not impact abutter beach access.. Raking shall be done by hand only during the season and shall leave some wrack for foraging habitat. The motion was seconded by commissroner Johnston. The motion carried unanimously. continued from 2/20/2020, sE 83-2221 sheryl Locke, 36 Mayflower Terrace, south yarmouth, proposed reconstruclion and relocation of existing dock on Dinah's Pond. Commissioner Durkin returned to the meeting. Mr. Mark Burgess of shorefront consulting represented the applicant and presented the proposed work. commissioner Hoopes had a problem reading the plan due to the overlapprng detail and requested more detail on the invasive management and vista pruning plan. The cA commented that there is con{licting information on the coastal bank delineation in the profile and plan view. The cA recommended reducing the float size. lt was originally licensed at 40 square feet. lt is now being designed at 2oo square feet. Given the close proximity to the neighboring dock the lloat could be reduced in size to lessen the impact. The commission considered that the beneJit of reducing the float size was minimal and therefore allowed the 20 square ioot float. The cA asked for more details on the proposed rain gardens. Mr. Burgess stated that they are designed to intercept stormwater flow from the neighboring property. commissioner Huggins made a motion to continue the hearing to March 19rh to enable updates to be made to the plan. The motion was seconded by commissioner Durkin. The motion carries unanimously. Page 2 of 9 On 4l1612O2O, on a motion by Commissioner Durkin, seconded by Commissioner Huggins, the commission voted unanimously, 4:0:2 (abstain Lawrence/Bishopl, to approve these minutes as presented. Continued from 2/20/2020, SE 83-2279 Matthew Clark & Xin Zhang,72 Mayflower Terrace, South Yarmouth, proposed reconstruction of existing pre-1978 dock in Dinah's Pond. Mr. Mark Burgess of Shorefront Consulting represented the applicant and presented the proposed work. There is 2.5 Jeet of water at the landward end of the float, so float stops were recommended by the waterways committee. The existing deck will be removed. The beach area has white sand that was added at some point. There has been a bare spot here since the 1 970s. Commissioner Huggins suggested that the sand be removed. The CA responded that the enforcement order required the sand be removed and the vegetation be restored. Commissioner Huggins suggested buffer plantings be added. The Commission agreed that an area ol buffer vegetation with a 4 Joot wide access pathway would be appropriate. The float stops are required per the planned design. Commissioner Huggins made a motion to issue an Order of Conditions approving project SE83- 2219, al72 Mayflower Terrace with the lollowing standard conditions: 1-6, 10-12, 17,19,22-28, 36, 37, and the following Special Conditions: . tncompatible sand shall be removed along with the cobble berm which has been added to the edge of the sand. A 4loot deep buffer of plantings shall be added between the lawn and the "beach" area (about 14 feet wide). A four foot wide path shall be allowed in in addition to the 14feet. The property owner shall allow the natural recolonization of salt marsh to occur. . Debris in the water should be removed and allowed to naturalize. . TOY restriction February 15- April 30 . Ramp and lloat should be removed seasonally and stored above the 35 foot setback o Floats and ramp should not be dragged across the intertidal area or salt marsh (or bulfer vegetation or bank). . Pier shall be designed to be 4.5 feet above marsh per DMF comments. . No dredging is proposed or permitted by this Order o Float stops at 3 feet shall be used to stop the lloat bottoming out at the landward end. Per the Waterways Committee comments, since the float runs perpendicular to the contour, the entire lloat would need to meet the 3'standard. The motion was seconded by Commissioner Johnson. The motion carried unanimously. Continued from 2/20/2020, SE 83-2224 Deborah & Richard Cafius, 122 Mayflower Terrace, South Yarmouth, proposed pier, ramp, and float on Dinah's Pond. Mr. Mark Burgess oi Shorefront Consulting represented the applicant and presented the proposed work. An alternate plan was provided to the Commission to address concerns brought up by the abutters at 1 26 and 1 30 Mayflower Terrace. The angle oI the dock was changed to increase the distance to their property. Mr. Burgess visited the property at 126 Mayflower Terrace and measured that there is 3jeet of water available for a dock on 130 Mayflower Terrace. Commissioner Hoopes suggested a shared use dock would be appropriate in this instance. Mr. Burgess commented that shared use docks can be problematic in terms of ownership issues. Shared use with the owner to the west is not possible because there is not the required depth of Page 3 of 9 On 4hil2020, on a motion by Commissioner Durkin, seconded by Commissioner Hugtins, the commission voted unanimousry, 4:o:z (abstain Lawrence/Bishopl, to approve these minutes as presented. water. Mr. Burgess stated he previously did an evaluation of the property at 'l 16 Mayllower Terrace and there was not enough depth of water. The commission agreed to review the revised plan. The cA commented that the DMF comments require the dock to be raised to 6 feet in height above the salt marsh. she also commented that there were a number oI trees removed from the property sometime around 2019. Mr. Richard carrus, the home owner, addressed the commrssion and stated trees were removed. No permit was sought. The cA suggested there be replacement plantings, to be included as part of a revised plan. Mr. carrus agreed to provide the name of the landscaper who removed the trees. she suggested the float stops could be placed at 2.7s feet to reduce the slope of the ramp. Mr. carrus agreed to reduce the width of the float to 16 feet to help meet the neighbors need. Abutter at 126 Mayflower Terrace, Ms. Laura Bozeman, addressed commission and provided history of the property and asked for the revision to the plan to allow them to have a shared use dock. Looking to have a shared use dock between their two properties. Mr. Robin wilcox addressed the commission representing the abutter to the west (Mr. Fanara). He had an amnesty license for a dock that has lapsed. He requested additional time to review the revised plan. commissioner Huggins asked how this is typically handled where one property owner limits the ability of others to have a dock. commissioner Hoopes responded that the first to receive a dock will set the setbacks for the neighboring properties. Commissioner Durkin made a motion to continue the hearing to March 1gth to allow time for the plan to be updated and reviewed. The motion was seconded by commissioner Mulhearn. The motion carries unanimously. SE83-2222, Olaf & Deborah Weidhaas, 79 Webster Hoad, West yarmouth, proposed phragmites removal and management within the buffer zone and salt marsh to Lewis Bay. Mr. olaf weidhaas addressed the commission and presented the proposed work. The commission discussed the process of removal of the phragmites and suggested options which achieve the best results. The CA inlormed the applicant that the end of July is the best tjme to cut, remove the material off site or burn on site, if the commission issues an approval the permit is good for 3 years and you can request an extension prior. Mr. weidhass stated that the work will be performed by him and his wife. They do not wish to use any chemicals on the property. commissioner Hoopes commented that he is not comfortable with digging out the root system as it will disturb the soil surface. Mr. weidhass responded that they are cutting and pulling the root rather than digging the root system out. commissioner Johnston commented that the phragmites will continue to grow back. Mr. weidhass commented that grasses below the wall have grown in naturally from the seed bank and has out competed the phragmites in most areas. commissioner Huggins asked how long it took lor the native grasses to take hold. The cA commented that there is a shed, wall and drainage pipe on site that have not been permitted. Mr. weidhass commented that the wall was there but it was railroad ties and he replaced the wall with the stone. The Commission advised the applicant that he needs to lile an RDA for these items in order to rectify them. An enforcement order will be issued lor the shed and the drainage pipe. The wall can be addressed by an RDA. The cA commented that the Page 4 of 9 on alL6l2o2o, on a motion by commissioner Durkin, seconded by commissioner HuBgins, the commission voted unanimously, 4:0:2 (abstain Lawrence/Bishopl, to approve these minutes as presented. area below the wall should be left natural and there should be no cutting or storage of Jurniture in that area. Commissioner Huggins made a motion to issue an Order of Conditions approving SE A3-2222, al 79 Webster Road, with the lollowing conditions: 1-6, 10, 1 1, 29-31 ,37 and the lollowing Special Conditions: The area seaward of the retaining wall shall be revegetated with native vegetation. That area should remain undisturbed except for the hand cutting of phragmites in late July. The grasses in that area should be allowed to grow or native plants should be replanted. No lawn shall exist beyond the retaining wall. Landscape Debris, including leaves, grass clippings, brush, or other shall not be allowed within the wetland resource area. Cutting and pulling is an excepted method ol control for phragmites. Cutting shall be done at the end of July. Cutting at other times may increase stand density. The stems shall be cut below the lowest leal, leaving six (6) inches or less of a stump. Hand held cutters and hedge trimmers or weed whackers with a circular blade may be used. . Cut or pulled material shall either be burned onsite, or be removed f rom the site and composted or allowed to decay in an upland area. Heavy equipment shall not be used to'scalp'the marsh surface. A monitoring report shall be provided at the end of each growing season lor the lifetime of the proiect. ln three (3) years the applicant shall either request an extension to the permit or request a Certificate of Compliance with ongoing conditions to continue maintenance of the area. ll the area is not maintained and invasives are allowed to reestablish outside the term of the Order, a new Notice ol lntent shall be required to begin the work again. Such work shall not be considered maintenance. Commissioner Mulhearn seconded the motion. The motion carried unanimously. Mr. Dan Ojala of Down Cape Engineering represented the applicant and requested to present two identical Orders ol Conditions SE 83-2223 and SE 83-2224. Chairman Hoopes accepted the request. SE83-2223, Kathleen Fargo,4 Marsh Point, Yarmouth Port, proposed ecological restoration pro.lect and vegetation management within the rivedront area oJ White's Brook. Mr. Jeremy Sharp, Wilkinson Ecological Design provided the methodology for managing the invasive and non-invasive plants. Shrubs will be planted in the upland area where invasive species are removed. The CA informed the representative that there is an outstanding Order of Conditions that the homeowner was notitied of and needs to be closed out. SE83-2224, Thomas & Rebecca Killion, 10 Marsh Point, Yarmouth Port, proposed ecological restoration project and vegetation management within the riverfront area of White's Brook work. Similar project as 4 Marsh Point. Pictures and diagrams were shown. The area totals 7100 Page 5 of 9 On 4lLGl2O2O, on a motion by Commissioner Durkin, seconded by Commissioner Huggins, the commission voted unanimously, 4:0:z (abstain Lawrence/Bishop), to approve these minutes as presented. sq.ft., partially invaded with phragmites. This area is well vegetated with natives and the plan is to cut, treat and no planting is planned as it is well vegetated. The Commission was comfortable with the project. No mowing will be done in the sparse areas. commissioner Mulhearn made a motion to issue an order of conditions approving project sE83- 2223 at 4 Marsh Point with the following standard conditions: 1-6, 10-12, 30, 3j, g7 ...and the following Special Conditions: o Removal of invasive plant material must be carried out so as to not impact existing native vegetation. Hand cutting will be necessary in some areas.o A monitoring report shall be carried out at the end of each growing season to report on the progress of the project and how well native species are recolonizing the wetland area. The pre-project areal extent of vegetated area in the upland area shall remain, i.e. it shall not be converted to lawn. o lf the project area is not maintained and invasive species are allowed to reestablish outside the permit period, a new Notice of lntent will need to be tiled Jor a new project.o lf the landscape contractor (wilkinson Ecological Design) changes, the applicant shall notify the Commission prior to the new contractor beginning work and schedule an onsite meeting with the CA. The motion was seconded by Commissioner Huggins. The motion carries unanimously. commissioner Huggins made a motion to issue an order o{ conditions approving project sE 83-2224 at 10 Marsh Point with the following standard conditions: 1-6. 10-12, 30, 31, 37 and the following Special Conditions: . The area of sporadic phragmites shall be cut by hand to avoid damage to established native vegetation. . A monitonng report shall be carried out at the end of each growing season to report on the progress of the pro.iect and how well native species are recolonizing the wetland area. The pre-project areal extent of vegetated area in the upland area shall remain, i.e. it shall not be converted to lawn. o lf the proiect area is not maintained and rnvasive species are allowed to reestablish outside the permit peflod, a new Notice of lntent will need to be filed for a new project.o lf the landscape contraclor (wilkinson Ecological Design) changes, the applicant shall notify the Commission prior to the new contractor beginning work and schedule an onsite meeting with the CA.o A native tree shall be planted in the location of lhe 24" tree removed from the buffer zone. The motion was seconded by commissioner Mulhearn. The motion carries unanimously. Request for an Amended Order of Conditions: Page 5 of 9 On alrclzLzg, on a motion by Commissioner Durkin, seconded by Commissioner Huggins, the Commission voted unanimously, 4:0:2 (abstain Lawrence/Bishopl, to approve these minutes as presented. Cont. from 1/16/2020, 2/6/2020, SE83-2125, Robert & Marianna Giglio, 44 Mattachee Road, W. Yarmouth Dan Ojala, Down Cape Engineering, representing Mr. Giglio gave a review of the property and a new revised plan had been submitted. Mr. Ojala is confident that the design will handle the runoff. Arlene Wilson, of A.M. Wilson present on behalf of the O'Sheas, the immediate abutters to the south, and submitted a copy of a memo to the CA. A sump pump was installed in the fall but was disconnected when it flooded the street. Nothing is currently coming from the house through the sump pump. There is concern with the wall, no one knows how it was constructed and it is already separating, appears to have been built in sections. Without more detail in the survey there is no way to know that the water won't run over the edge of the swale and onto the O'Shea's property. She expressed concerns with the driveway and grading also. Mr. Ojala responded to Ms. Wilson and Ielt that lowering the grades would nol solve any problems. The wall isn't failing, plans are to cover it with more support. The driveway will be addressed as discussed and shown on the plan. The yard will be improved with grass, shrubs and will look pleasant. The Chairman expressed his unhappiness with the time spent and the inlractions that have occurred on this property. Mr. Ojala stated that in his opinion the proposed correction to the site will work, especially if the neighbor stops discharging the pipe. He went on to apologize for not coming back with an updated plan sooner, but they are committed to making this right. A wall will be improved to match the stucco on the house, and they will plant bushes along it. Attorney Pietnik representing the O'Shea's addressed the Commission and reiterated that there were.17 paragraphs in theOrderof Conditions and the applicant violated 8 of them. The O'Shea's have done nothing different on their property, the only thing different is this house. He stated that the situation should go back to what it was before. Mr. Ojala stated that to say nothing has changed is incorrect. The driveway and a retaining wall were removed and the grading was changed. They would like to keep the wall as he believes it is the best solution. They will remove it rf it causes problems in the future. Chairman Hoopes reviewed the conditions for clarif ication. Discussion bet\iveen the Chairman, Commissioner Huggins and the CA regarding how this situation evolved, who was overseeing it and what the responsibility of the town is. Mr. Ojala stated there wasn't a problem until the loam went down and then we had the biggest rain Jall anyone has seen on the Cape. Commrssioner Huggins responded that the driveway was a problem and wasn't supposed to be paved in the first place. Commissioner Durkin stated he has the utmost respect for Mr. Ojala and asked the CA if it was possible to enlist the services ol the town Engineer to evaluate the plan that Mr. Ojala has suggested as an amendment. The CA agreed to ask the town engineer to look at the plans with the understanding that this is a private Page 7 of 9 on 4lLEl2o2o, on a motion by commissioner Durkin, seconded by commissioner Huggins, the commission voted unanimously, 4:0:2 (abstain Lawrence/Bishopl, to approve these minutes as presented. project and the request may be denied. chairman Hoopes asked that the walkway be removed. Mr. Ojala suggested that they keep the walkway and do a 6 inch trench filled with crushed stone to capture any runoff. commissioner Durkrn was opposed, and requested to wait for the independent opinion of the town engineer. commissioner Huggins agreed that the Town engineer should review the plan. A motion was made by commissioner Durkin to continue to March 19,2020. The motion was seconded by Commissioner Huggins. The motion carries unanimously. Violations: 82 and 86 Harbor Road, re-grading and tree cutting. The cA issued and Enforcement order and asked the Commission to ratify it. CA was contacted by the property owner and told that a survey is going to be pedormed. Commissioner Huggins requested an explanation oI the Enforcement Order which the CA provided. Commissioner Durkin made a motion to ratify the Enforcement Order. The motion was seconded by Commissioner Mulhearn. The motion carried unanimously. 35 Aunt Dorah's Lane. cA provided an update on the violation Jor the commission. The cA received a call from a land surveyor that they have been retained to perform the survey and are requesting more time for the field work and will to file on April 2nd. commission agreed to the extension. Meetinq Minutes: Meeting minutes of February 6,2020. commissioner Durkin made a motion to approve the Minutes as written. The motion was seconded by Commissioner Mulhearn. The motion carries unanimously. Staff Updates The CA provided an update on the property at 300 Long Pond Drive. lt currently has 5 outstanding Orders of Conditions. Current owners purchased the property with the outstanding orders. The CA requested that they closed out the existing Orders before they submit any new applications. She met the surveyor on site and identified that buffer vegetation has been removed. The CA showed the Commission the property and outlined the infractions. To resolve this, two different scenarios were explained to the commission and the commission choose to allow the path, remove the hardscape and revegetate to the edge of the 35 foot buffer. The cA re-visited the Thacher shore Road tree removal request before the planning Board. These trees are 75-95 feet from the wetland resource area. lf someone came lo the Commission and these were on their property the commission would likely approve their removal. The deed for the conservation parcel includes language that gives them the right to cut on town property to maintain their view. After lengthy discussion it was agreed that the Commission would allow one tree to be taken down. Page 8 of9 On 4/L6/2O2O, on a motion by Commissioner Durkin, seconded by Commissioner Huggins, the Commission voted unanimously, 4:0:2 (abstain Lawrence/Bishop), to approve these minutes as presented. Commissioner Durkin made a motion to adjourn lrom regular session and go into executive session and not return to regular session. The motion was seconded by Commissioner Huggins. The motion carries unanimously. Commissioner Johnston recused himsell and left the meeting. Page 9 of 9 Grant, Kelly From:Daniel A. Ojala PE, PLS <downcape@downcape.com> Sent:Friday, March 6, 2020 10:48 AM To:Grant, Kelly Cc:'A. M. Wilson Associates'; Priscilla@downcape.com; Aguiar, Nicholas Subject:#44 Matttachee Giglio SE83-2525 DCE File #17-147 Attachments:2014 Google Streetview Former Drive and Retaining wall view.pdf; 2014 Google Earth patio area.pdf; IMG_1893.JPG; IMG_1901.JPG; 17-147 Giglio Site Plan rev 2-27-20.pdf Attention! This email originates outside of the organization. Do not open attachments or click links unless you are sure this email is from a known sender and you know the content is safe. Call the sender to verify if unsure. Otherwise delete this email. Kelly: As a quick follow up to last night’s Conservation meeting: The attorney stated that the neighbor has not changed anything, but as I explained at the meeting, a lot of changes happened on #50 Mattachee. I would point out that abutter at #50 has made three major changes which have significantly altered the drainage patterns in the area. First the paved driveway which formerly shunted the water past the #50 property was removed and the ground lowered allowing significant flow onto the lot from the street. (see attached photos). Second the rear retaining wall and steps were removed from the septic system mound and the entire area had vegetation removed and was regraded toward the house and loamed and seeded. The seed never took probably due to improper care and a huge rainstorm, and the loose loam has compacted and silt has run to the puddle area sealing it and causing it to now puddle more readily. (a portable lawn sprinkler can be seen running in photo 1893 and 1901, with the lack of wall and fresh regrading loam and seed clearly shown). Lastly the sump pump from #50 which discharges on our lot line was not “removed”, it was simply unplugged or the floats raised, because Bob Giglio said it was running again after the last rainstorm, so someone must have activated it again. 1 Just wanted to get this information out there so it can be understood that #44 Giglio is only a small contributor to the issues, and we are resolving the runoff from his lot with the latest 2-27- 20 plan, but issues will remain if the other causes are not rectified. Again a small cape cod berm style grade in front of #50 should keep the road runoff from entering the property, and fresh scarify and seed properly cared for should increase permeability in the abutters redone lawn and drive areas. Please do not hesitate to contact me with any questions. Daniel A. Ojala PE, PLS down cape engineering, inc. 939 Main St. Yarmouthport, MA 1-508-362-4541 x106 1-508-362-9880 fax downcape@downcape.com 2 Grant, Kelly From:Grant, Kelly Sent:Friday, April 10, 2020 8:56 AM To:robertgiglio44@gmail.com; 'Daniel A. Ojala PE, PLS'; 'A. M. Wilson Associates'; Regina O'Shea; Attorney Edward W. Pietnik Jr. Subject:FW: 44 Mattachee Rd - Conservation Review Attachments:44 Mattachee Rd.pdf For your information – comments from Town DPW From: Ruggiero, Amanda Sent: Thursday, April 9, 2020 11:50 AM To: Grant, Kelly <KGrant@yarmouth.ma.us> Cc: Colby, Jeff <jcolby@yarmouth.ma.us> Subject: 44 Mattachee Rd - Conservation Review Hi Kelly, following up from our meeting, DPW has the following comments:  The property located at 44 Mattachee Road is located within our high groundwater layer. Refer to attached figure. The Town does not have drainage within the roadway in the area of the property.  Please note the entire site from roadway to septic system was disturbed. Grass and plantings will take time to establish and should be monitored as they germinate. Once established, this should assist in infiltrating water on the site.  Only site plans were provided to DPW. No calculations of the change in impervious/pervious areas or drainage were provided. It was noted that the gutter/roof runoff discharges beneath the rear porch. DPW cannot comment on the sizing of the two proposed swales. Thanks Amanda Amanda Ruggiero, P.E. Town of Yarmouth DPW - Town Engineer 99 Buck Island Road West Yarmouth, MA 02673 Office (508)398-2231 Ext. 1253 - Aruggiero@yarmouth.ma.us 1 Grant, Kelly From:A. M. Wilson Associates <amwilsonassoc@amwilsonassociates.com> Sent:Thursday, March 12, 2020 4:27 PM To:Grant, Kelly Cc:Attorney Edward W. Pietnik Jr.; Regina O'Shea Subject:44 Mattachee Road, South Yarmouth Attention! This email originates outside of the organization. Do not open attachments or click links unless you are sure this email is from a known sender and you know the content is safe. Call the sender to verify if unsure. Otherwise delete this email. Kelly Has Dan Ojala submitted any drainage calculations or other updated materials for the Giglio project yet? - Arlene A. M. Wilson Associates, Inc. 20 Rascally Rabbit Road - Unit 3 Marstons Mills, MA 02648 508-420-9792 amwilsonassoc@amwilsonassociates.com www.amwilsonassociates.com 1 Hultgren, Robert From:Daniel A. Ojala PE, PLS <downcape@downcape.com> Sent:Wednesday, April 15, 2020 1:15 PM To:Grant, Kelly Subject:FW: 17-147 Giglio - 44 Mattachee Rd Attention! This email originates outside of the organization. Do not open attachments or click links unless you are sure this email is from a known sender and you know the content is safe. Call the sender to verify if unsure. Otherwise delete this email. Tried to send this file type banned, just shows water bubbling out. Daniel A. Ojala PE, PLS down cape engineering, inc. 939 Main St. Yarmouthport, MA 1-508-362-4541 x106 1-508-362-9880 fax downcape@downcape.com This Electronic Message contains information from the engineering firm of down cape engineering, inc., which may be privileged. The information is intended to be for the use of the addressee only. If you are not the addressee, note that any disclosure, copy, distribution or use of the contents of this message is prohibited. From: Daniel A. Ojala PE, PLS \[mailto:downcape@downcape.com\] Sent: Wednesday, April 15, 2020 12:53 PM To: 'Grant, Kelly' Cc: 'robertgiglio44@gmail.com' ; 'A. M. Wilson Associates' ; 'Regina O'Shea' ; 'Attorney Edward W. Pietnik Jr.' Subject: FW: 17-147 Giglio - 44 Mattachee Rd Kelly, meant to send this earlier, per the Giglio’s video, this was pump running on 3-1-2020, see below and dated picture attached. (info from owners, just passing on). We think it was shut off (again?) after this storm event, hasn’t been running since. Thanks, Daniel A. Ojala PE, PLS down cape engineering, inc. 939 Main St. Yarmouthport, MA 1-508-362-4541 x106 1-508-362-9880 fax downcape@downcape.com 1 This Electronic Message contains information from the engineering firm of down cape engineering, inc., which may be privileged. The information is intended to be for the use of the addressee only. If you are not the addressee, note that any disclosure, copy, distribution or use of the contents of this message is prohibited. From: priscilla@downcape.com \[mailto:priscilla@downcape.com\] Sent: Wednesday, March 25, 2020 8:12 AM To: Dan Ojala, PE PLS <downcape@downcape.com> Cc: Heather Vermette <heather@downcape.com> Subject: 17-147 Giglio - 44 Mattachee Rd Video from Marianna Giglio regarding the next door property still pumping water onto the driveway side… priscilla From: Marianna Giglio <mariannagiglio@verizon.net> Sent: Tuesday, March 24, 2020 4:29 PM To: priscilla@downcape.com Subject: Fwd: Hi Priscilla, Could you please send this video to Dan. It was taken today by my niece and it shows the water pumping out of the O'Shea property that proves they are still pumping water along the side of the driveway. Also tell Dan to note the orange flag he place on property shows in the picture which confirms this is not an old video. Thank you, Marianna Giglio 44 Mattachee Road So. Yarmouth, MA. 02664 -----Original Message----- From: Gabriella Cardarella <gabbiee853@gmail.com> To: mariannagiglio@verizon.net <mariannagiglio@verizon.net> Sent: Tue, Mar 24, 2020 4:14 pm 2 Grant, Kelly From:Grant, Kelly Sent:Monday, March 16, 2020 10:53 AM To:'A. M. Wilson Associates' Cc:Attorney Edward W. Pietnik Jr.; Regina O'Shea Subject:RE: 44 Mattachee Road, South Yarmouth - SECOND TRANSMISSION Hi Arlene I have not received any drainage calculations as yet. Regards Kelly From: A. M. Wilson Associates \[mailto:amwilsonassoc@amwilsonassociates.com\] Sent: Monday, March 16, 2020 10:02 AM To: Grant, Kelly <KGrant@yarmouth.ma.us> Cc: Attorney Edward W. Pietnik Jr. <pietniklaw@tmlp.net>; Regina O'Shea <oshea88@icloud.com> Subject: 44 Mattachee Road, South Yarmouth - SECOND TRANSMISSION Attention! This email originates outside of the organization. Do not open attachments or click links unless you are sure this email is from a known sender and you know the content is safe. Call the sender to verify if unsure. Otherwise delete this email. Kelly Has Dan Ojala submitted any drainage calculations or other updated materials for the Giglio project yet? - Arlene A. M. Wilson Associates, Inc. 20 Rascally Rabbit Road - Unit 3 Marstons Mills, MA 02648 508-420-9792 amwilsonassoc@amwilsonassociates.com www.amwilsonassociates.com 1 Grant, Kelly From:Grant, Kelly Sent:Thursday, April 16, 2020 1:17 PM To:'Edward W. Pietnik, Jr., Esquire' Cc:Flett, Dawn-Marie Subject:RE: 44 Mattachee Road Attachments:020620 Con Com Minutes TC.PDF; 03.05.2020 Minutes.pdf Hi Edward Here are the minutes. The approved 02/02/2020 minutes are attached. The 03/03/2020 are on tonight’s agenda so are currently in draft form. The entire 3/19/2020 meeting was continued with no discussion or action. Thanks Kelly Grant Conservation Administrator Town of Yarmouth 508-398-2231 Ext 1288 kgrant@yarmouth.ma.us From: Edward W. Pietnik, Jr., Esquire \[mailto:pietniklaw@tmlp.net\] Sent: Thursday, April 16, 2020 11:28 AM To: Grant, Kelly <KGrant@yarmouth.ma.us> Cc: Flett, Dawn-Marie <dflett@yarmouth.ma.us> Subject: 44 Mattachee Road Attention! This email originates outside of the organization. Do not open attachments or click links unless you are sure this email is from a known sender and you know the content is safe. Call the sender to verify if unsure. Otherwise delete this email. Dear Kelly and Dawn: Hope all is well. We tried calling your office to no avail. At your earliest opportunity, could you please provide me with copies of the following meeting minutes for the above property: February 6, 2020, March 5, 2020 and March 19, 2020 1 Thank you and stay healthy. Edward W. Pietnik, Jr. Edward W. Pietnik, Jr., Esquire 180 Paramount Drive, Suite 3 Raynham, MA 02767 Tel No. (508) 824-2000 Fax No. (508) 824-2396 Email: pietniklaw@tmlp.net 2 Grant, Kelly From:Daniel A. Ojala PE, PLS <downcape@downcape.com> Sent:Thursday, April 16, 2020 2:39 PM To:Grant, Kelly Cc:Ruggiero, Amanda; Colby, Jeff; 'A. M. Wilson Associates'; 'Regina O'Shea'; 'Attorney Edward W. Pietnik Jr.'; robertgiglio44@gmail.com Subject:RE: 44 Mattachee Rd - Conservation Review SE83-2125 Attachments:17-147 GIGLIO 18 x 24 Existing Conditions prior to redevelopment.pdf; 17-147 Giglio Site Plan rev 4-16-20.pdf; 17-147 Giglio drainage calcs 4-16-20.pdf Attention! This email originates outside of the organization. Do not open attachments or click links unless you are sure this email is from a known sender and you know the content is safe. Call the sender to verify if unsure. Otherwise delete this email. Kelly: Per my verbal statement at the end of the last public hearing, attached is a revised plan with the simple change of adding a washed stone strip drain along the edge of the concrete walkway. (rev date 4-16-20). I also include some basic Rational Method drainage calculations for the roof, strip drain and the rear swale portions of the site. As noted the owner provided a large stone area under the porch for roof drainage, and the gutters are piped to this area. Also attached is an existing conditions plan from 2017, as you can see by the contours, the south half of Giglio’s site has always been pitched toward the elevation 5 lowspot on the abutters property. I apologize for the delay in providing this supplemental information, it has been hectic with the COVID-19 protocols and staff shortages. If you feel it best to continue to another date, that would be acceptable and understandable, but in my opinion this minor plan revision which was offered verbally at the end of the last public meeting should put this matter to rest. Thanks, Daniel A. Ojala PE, PLS down cape engineering, inc. 939 Main St. Yarmouthport, MA 1-508-362-4541 x106 1-508-362-9880 fax downcape@downcape.com 1 From: Grant, Kelly \[mailto:KGrant@yarmouth.ma.us\] Sent: Friday, April 10, 2020 8:56 AM To: robertgiglio44@gmail.com; 'Daniel A. Ojala PE, PLS' <downcape@downcape.com>; 'A. M. Wilson Associates' <amwilsonassoc@amwilsonassociates.com>; Regina O'Shea <oshea88@icloud.com>; Attorney Edward W. Pietnik Jr. <pietniklaw@tmlp.net> Subject: FW: 44 Mattachee Rd - Conservation Review For your information – comments from Town DPW From: Ruggiero, Amanda Sent: Thursday, April 9, 2020 11:50 AM To: Grant, Kelly <KGrant@yarmouth.ma.us> Cc: Colby, Jeff <jcolby@yarmouth.ma.us> Subject: 44 Mattachee Rd - Conservation Review Hi Kelly, following up from our meeting, DPW has the following comments:  The property located at 44 Mattachee Road is located within our high groundwater layer. Refer to attached figure. The Town does not have drainage within the roadway in the area of the property.  Please note the entire site from roadway to septic system was disturbed. Grass and plantings will take time to establish and should be monitored as they germinate. Once established, this should assist in infiltrating water on the site.  Only site plans were provided to DPW. No calculations of the change in impervious/pervious areas or drainage were provided. It was noted that the gutter/roof runoff discharges beneath the rear porch. DPW cannot comment on the sizing of the two proposed swales. Thanks Amanda Amanda Ruggiero, P.E. Town of Yarmouth DPW - Town Engineer 99 Buck Island Road West Yarmouth, MA 02673 Office (508)398-2231 Ext. 1253 - Aruggiero@yarmouth.ma.us 2 On 5l2ll2O2O, on a motion by Commissioner Durkin, seconded by Commissioner Lawrence, the Commission voted 5-0-2, to approve these minutes as amended, with Phil Johnston and Oavid Bernstein abstaining. Members Present: April 16,2020 Ed Hoopes (Chairman), Tom Durkin (Vice Chairman), Patricia Mulhearn, Ellie Lawrence, Rick Bishop, and Paul Huggins. Phil Johnston Kelly Grant - Conservation Administrator (CA) 4.30pm CA Kelly Grant moderaled the meeting reading the following into the minutes The April 16, 2O2O, meeting of the Yarmouth Conservation Commission is about to be convened. As a precautionary measure to reduce the spread of coronavirus, all Town buildings are closed to the public; therefore, this meeting will be held by remote participation. My name is Kelly Grant, and I will be moderating participation for this meeting. I will now turn it over to the Chair of the meeting: Chairman Commissioner Hoopes opened the meeting, taking a roll call for quorum. The following members confirmed their presence: Ed Hoopes, Tom Durkin, Ellie Lawrence, Rick Bishop, Paul Huggins, Patricia Mulhearn CA Kelly Grant provided the following instructions for the meeting: Pursuant to Governor Bakeis March 12, 2020, Order Suspending Certain Provisions of the Open Meeting Law, G.L. c. 30A, 918, and the Governor's March 23,2020, Order imposing strict Itmitations on the number of people that may gather in one place, this meeting of the yarmouth Conservation Commission is being conducted via remote participation. No in-person attendance will be permitted, but every effort will be made to ensure that the public can adequately access and partictpate tn the proceedings as provided for in the Order. Persons who would like to view this meeting while in progress may do so by watching via this virtual meeting or the live feed on the Town of Yarmouth YouTube Channel. You may also listen to the meeting by dialing in to the number provided on the Notice of Meeting. we will also post a recording of this meeting on the Town of Yarmouth website as soon as we are able. Please be patient as we work to overcome any technological challenges with the virtual meeting. To reduce confusion during the meeting, all participants of the virtual meetrng are muted by the moderator. As participants are called upon to speak they will be unmuted. Page I of 14 CONSERVATION COMMISSION MEETING MINUTES Member(s) Absent: Staff: Start Time: On 5/2Ll2O2O, on a motion by Commissioner Durkin, seconded by Commissioner Lawrence, the Commission voted 6-0-2, to approve these minutes as amended, with Phil lohnston and David Bernstein abstaining. Applicants can use the "Raise Hand" button or press *9 on their phone to identify themselves to the chair. The meeting host will then un-mute applicants when they are called upon to speak. During the portion of the hearing designated for public comment, the Chair or moderator will ask who in the audience has any public comments or questions. Members of the public attending this meeting virtually will be able to make comments using the "Raise Hand" button within the virtual meeting. lf you are dialed in to the phone number provided, you can press *9 on your phone to indicate that you would like to comment. Please wait for the chairman to recognize you before speaking. As an alternative to making comments via the online audio or phone, you may also submit comments to the moderator via the virtual meeting "chat" function. To do this click on the "chat" icon and type your message. When prompted, the moderator will read comments and questions into the record. Members of the public who wish to provide comment are asked to identify themselves by first and last name and affiliation for the public record and then provide their comment. lf you wish to speak during a hearing please consider the following guidelines: . Do nol use speakerphone. Do not use Bluetooth devices. Mute all background noises. Clearly state your name each and every time prior to speaking Prror to concluding opportunities for discussion, comment, or question, the Chair will ask "At this time I did not hear any requests for additional comment, if you wish to speak, please indicate now and I will ask this final time if there is anyone who wishes to speak on the matter at hand." All votes must be roll call votes. After a motion is made and there is a second, the Chair will ask the moderator to take the roll call vote. The moderator will report the roll call vote. All motions, decisions, documents, and letters will be verbally read into the record. lf it appears the meeting cannot or should not proceed, then the moderator will recommend that the Chair request to continue the hearing to a later date and time and/or until public meetings can resume normally. I will now hand the meeting back to the Chair. AGENDA ITEMS: Request for Extension of Order of Conditions: Continued from 3/19/2020, SE83-2112, The Ocean Club, 329 South Shore Drive, South Yarmouth, MA. Mr. Don Munroe of Coastal Engineering appeared before the Commission seeking an extension to close out outstanding orders and complete work on the bulkhead. The CA explained that the work was permitted three years ago and in the process it was determined that part of the work was on abutting town property. The applicant has been working with the town to resolve this issue. CA recommends that the Commission issue Extension with the condition that the applicant receive approval from the Town prior to starting any work. Page 2 of 14 On 5/2,.l2O2O, on a motion by Commissioner Durkin, seconded by Commissioner Lawrence, the Commission voted 6-0-2, to approve these minutes as amended, with Phil Johnston and David Bernstein abstaining. Commissioner Durkin made a Motion to grant the exlension for SE83-2112 for 3 years with the condition that the applicant seek approval from the Town prior to starting any work and that within the next 30 days the applicant files a request for a Certificate of Compliance for outstanding Orders to be taken care of or a Violation letter from the CA will be issued. Commissioner Lawrence seconded the Motion. Moderator called roll call: Hoopes, Durkin, Lawrence, Bishop, Huggins and Mulhearn. Motion carries unanimously. Continued from 3/19/2020, SE83-2226, Stephen Gatto, 28 Aunt Edith's Road, South Yarmouth, proposed modifications to existing pier in Bass River; add.jet ski lift. Mr. Gatto was in the audience and was represented by Dan Ojala, Down Cape Engineering, who gave the Commission history of the pier taking them through past to present of the re-build of the pier, ramp and float. Tonight looking for a minor modification to the end of the pier and the addition of a jet ski lift. Distance to the channel is approximately 1 80 feet. This project has been approved by the Watenvays Committee. The abutter distances meet the regulations. They have recently requested a COC for the pier rebuild. The pier is fixed and cantilevered on the north side running parallel with the channel which creates a slight angle off the end of pier. Commissioner Bishop voiced his concern with removal of the floating dock system and replacing with a floating system. Originally there were hvo pilings and under this modification they are adding 8 new pilings which does not seem like a minor change. Mr. Ojala responded that the footprint now is almost identical to before and the greenheart pilings have been known to last forever and supports their use. Commissioner Lawrence raised the point that the river is used in both summer and winter by and the size of the pier limits navigation. Mr. Ojala maintained the project passed Waterways who look at the navigation, he understood her questions but felt it is not a big impediment. Mr. Gatto, homeowner, agreed that navigation in this area should not be an issue and dtsagrees with Commissioner Lawrence's concern. Commissioner Mulhearn felt that taking seasonal floats and making them permanent is setting a poor precedent. commissioner Durkin inquired if waterways had made any comment on the permanence of the dock. The cA replied that she had been told it was unanimous but learning tonight that commissioner Lawrence did not vote in favor of it at the wateMays meeting. commissioner Huggins inquired if there was another kind of material that could be suggested to avoid using greenheart. Mr. Ojala replied that the vote of the Waterways Committee was an affirmative vote by all at that meeting and the committees charge is hazard and navigation. ln terms of another type of piling, there are other options that don't last that long. They agreed to look at alternatives and make sure replacement plantings will be made. commissioner Huggins made a motion to approve sE 83-2226-28 Aunt Edith's Road with the following conditions: 1-G, 19, 22-28, 36, 37 and special conditions related to the jet ski: single 1et Page 3 of 14 Notice of Intent: On5l2ll2O2O, on a motion by Commissioner Durkin, seconded by Commissioner Lawrence, the Commission voted 6-0-2, to approve these minutes as amended, with Phil Johnston and David Bernstein abstaining. ski lift; ski lift for single family residential recreational use, it is the only permanent vessel lift on the property; lift shall be designed to allow the free flow of water and shall not interfere with navigation or use of the water body by others; the Iift shall be open sided with no covers roof or sides; it shall be the smallest lift for the designated purpose and the jet ski shall not enter less than 3 feet of water when entering or exiting the lift. CA stated that the conditions are available for discussion. The Chairman opened it up for discussion. Mr. Gatto addressed the Commission informing them that he has two jet skis on one lift. He detailed how the lift works with the jet skis and they use the safety channel while entering and exiting. This operation operates off the exact pilings that are part of the pier. Mr. Ojala reiterated what Mr. Gatto stated regarding the jet skis and the lift. Commissioner Bishop questioned that maybe the requests before us should be on separate applications. Chairman Hoopes felt that it is too late for that now. Commissioner Mulhearn questioned if the jet skis come off during the winter monlhs. Mr. Ojala stated the Jet skis will be stored and the lift will remain in place. Commissioner Lawrence had questions regarding the tray and Mr. Ojala explained that there is a button and the lift goes down and hit it again and the lift goes up. Mr. Ojala explained that they really need the fixed section, ltrlr. Gatto has a 50 ft. boat and needs the 36 ft. length of the pier. Mr. Gatto explained how the cantilever came into existence when we were requested to move the float and gangway design into deeper water and keep the angle consistent. With the angle of the Association dock it required that the other cantilever was needed to affix the frame of the gangway and the float which is the reason this inside piece was added in order to accommodate that. The rest of it was approved previously. Rick Bishop asked if the Petitioner would be willing to use composite pilings as opposed to the greenheart. Mr. Gatto, was not familiar with this product but as |ong as it is similar in nature he would be willing to explore it. Commissioner Bishop has had personal experience with the composite pilings, there is no leaching and strongly urged Mr. Gatto to explore other options than the greenheart. Mr. Ojala stated in his opinion the fiberglass is good unless you hit a rock, they are more expensive than greenheart, but we will consider it and perform some test piles to make sure there are no boulders in the area. Mr. Gatto confirmed that if the structure and cost are the same, he is willing to consider the suggestion. From the audience, Mark Burgess, stated that he is familiar with the fiberglass (Pearson Pilings) and they last forever, has heard different rates for cost and the only downside is if they hit a structure they could splinter. Commissioner Lawrence addressed the Commissioners that bigger docks bring bigger boats and is this the path the Commission wants to take. Her feeling is it is a slippery slope. Chairman Hoopes responded that this should be an item to be discussed at our regulation change meeting. Page 4 of 14 On 5l?Ll2O2O, on a motion by Commissioner Durkin, seconded by Commissioner Lawrence, the Commission voted 6-0-2, to approve these minutes as amended, with Phil Johnston and Oavid Bernstein abstaining. At this time, CA read lhe current regulation that are in place into the minutes. Commissioner Bishop inquired if the regulations have language as to the length of a permanent dock? CA confirmed that the regulations read "distance from mean high water Iine" which currently is 80 feet. Mr. Ojala stated that this project fits in the identical footprint of what is on the ground today, and supported the project before the Commission. Moderator called roll call: Hoopes, Durkin, Lawrence, Bishop, Huggins and Mulhearn. ln favor Hoopes, Huggins and Durkin. Voting Nay: Lawrence, Bishop and Mulhearn. Motion fails. For clarification, Commissioner Lawrence stated that at the Wateruays meeting she did vote against this Application. Mr. O.jala supported the project empathizing the timeline the pier was in place, the addition of a fixed tee to support a large boat and keep it safe during inclement weather, the pilings create a reef, the Waterways Committee approved the project and did not find any navigational issues. Requesting the Commission to look at the big picture and reconsider. CA explained the various options the Commission could look at providing a reason for the denial or the applicanl can continue and submit a revised plan with changes. Chairman Hoopes asked the Commission what was the reason they intend to use for the denial. Commissioner Lawrence suggested denial under Recreation use, it's a permanent structure, navigation issues, hazard to the safety of the boaters. Commissioner Huggins, speaking to what Commissioner Lawrence supported her denial with, expressed his thoughts lhat Waterways would have denied it if issues with navigation were observed. Under what regulation or why are we preventing it to go fonvard. Commissioner Bishop supported his decision for denial based on the facts that 1) Applications should have been separate; 2) already have an existing permanent structure over 100 feet long when our regulations only go to 80 feet; 3) now requesting an additional 36y2feel to that. For these reasons I have a fundamental problem with this request. I do appreciate the fact that they were willing to look al other optrons than the greenheart. chairman Hoopes concurred from the comments made it appears the denial is under the Yarmouth By-law, not the state. Mr. Ojala commented that the Commis by Wateruvays; the Commission's regu this was licensed prior; where the tee closer to mean high water and more in float right there in the exact same fo decision. sion cannot look at navigation, this project was approved lation from mean high water exceeds the regulation and goes out it does not get any further out, it actually gets compliance with the by-law. There is a licensed pier and otprint. He asked the Commission to reconsider their Page 5 of 14 Commissioner Durkin seconded the Motion. On 5/?Ll2o2o, on a motion by Commissioner Durkin, seconded by Commissioner Lawrence, the Commission voted 5-0-2, to approve these minutes as amended, with Phil Johnston and David Bernstein abstaining. Mr. Gatto expressed his hope lhat the Commission would re-consider, the project meets the regulations, judging this request against what a previous Commission approved is not fair. The pier is approved, there is no intent to lengthen or move into the navigational channel. I took into consideration many factors and actually shortened the current pier by 3 feet making an additional 3 feet towards the Association dock. This Commission approved 75 feet and I pulled it back to 70 feet making it better for others. Chairman Hoopes opened the hearing up to see if anyone who voted against the pro.iect would change their vote after more testimony from Mr. Ojala and Mr. Gatto. Commissioner Bishop is willing to change his vote if the Applicant is willing to use composite for pilings. Mr. Gatto is in agreement if it is within the same price range. Commissioner Lawrence commented that the Waterways Committee is not regulatory but advisory. Based upon the existing motion the lriloderator re-called the vote ln favor: Hoopes, Durkin, Huggins and Bishop. Voting Nay: Lawrence and Mulhearn. Motion carries 4-2. Continued from 3/19/2020, SE83-2227, Green Harbor Village LTD Partnership, 182 Baxter Ave., West Yarmouth, proposed beach management, raking and nourishment on Lewis Bay. Commissioner Bishop was recused from this hearing. Bob Perry, Cape Cod Engineering, represented the Applicant. Mr. Perry gave a history of the prope(y including the on-going project of raking and beach nourishment. A sieve test was performed given current information. The raking is performed during recreational months only. The access route is 8 feet wide and will be used once or perhaps t\ivice a year and we would like to add a volume of sand to that route. The raking, nourishment and the addition of 500 cubic yards of sand will augment the dune. This work has been done numerous times at this site and the owners would like to keep it up to date. Jamie Veara, representing Davenport Companies, addressed the Commission by reviewing the initial Order of Conditions dated June 2001, reading the conditions on the project. Presently we are requesting a 10 foot wide access, the equipment is about 8 feet wide, and this was the access route from the conception of the Order of Conditions. CA reported that the dune was not staked in the field. Using the photos submitted the dune should be clarified. Discussion continued behveen the CA and Chair resulting in the total dune be delineated and the ramp itself appears new and not permitted' commission was not in favor ol opening up a new path, use of a smaller machine suggested, appears to be some pedestrian walking near dune, and this should be addressed. Appearance Page 6 of 14 On 5l2l/2O2O, on a motion by Commissioner Durkin, seconded by Commissioner Lawrence, the Commission voted 5-0-2, to approve these minutes as amended, with Phil Johnston and David Bernstein abstaining. of a pipe of some sort that should be identified. The addition of sand is fine and all cleaning of beach is typically done in the early morning hours. Mr. Veara addressed the Commission stating the pipe was not part of the playset and believes it has been there for decades. CA added that the dune is flexible from year to year and that it should be marked on a plan; the nourishment and raking area marked as 10 foot off the toe of the existing dune so the intent is very clear. Baseline profiles be done on the east and west side and trigger point included for nourishment so it helps with monitoring its effectiveness. Motion made by Commissioner Lawrence to continue SE83-2227 lo May 7, 2020. lvlotion seconded by Commissioner Huggins. Moderator called roll call: Hoopes, Durkin, Lawrence, Huggins and Mulhearn. Motion carries 5-0 Continued from 2J20/2020, 3/5/2020, 3/19/2020, SE83-2221, Sheryl Locke, 36 Mayflower Terrace, South Yarmouth, proposed reconstruction and relocation of existing dock on Dinah's Pond. Mark Burgess, Shorefront Consulting, representing Ms. Locke gave a brief summation of the history of the pro.iect. A letter was submitted March 12, 2020 and a revised plan with changes making the plan more readable, more information and sketches on the rain garden. Mr. Burgess spoke with the CA regarding the clearance of the ramp and found the elevation detail shows the limit of the marsh way above the high tide line and the reason for this was a delineation on the drawing that shows salt marsh in between mean high water and the BVW. He spoke with Dan Ojala and misinterpreted the labeling and the landward edge salt marsh should be delineated at the bottom of the coastal bank. Currently the ramp isn't proposed to be graded but we would do so, or raise the dock 6 inches and have 5 feet of clearance over the marsh. Mr. Ojala felt Mr. Burgess explained it perfectly and we should prepare a new plan, easy to correcl. Commissioner Bishop would like to see the greenheart pilings changed to something else. Mr. Burgess was agreeable and will switch to fiberglass. lf part of the dock is raising 5 ft. than we should also have maximum light penetration there. Recommend we include the DMF conditions and I recommend that we include the requirement for a monitoring report by the property owner in 12 months to see the extent of the invasive vegetation removal and how the healthy vegetation is going. More information is needed on the rain garden. commissioner Bishop made a Motion lo approve sEg3-2221, 36 Mayflower Terrace with the following condilions: 1-8:10-12,17,19,22-28,31,36,37 and special condition to replace greenheart with a composite material for pilings, a monitoring report in 12 months and, DMF recommended requirements. Moderator called rorr ca[: Hoopes, Durkin, Lawrence, Huggins, Bishop and Mulhearn. Page 7 of 14 On5lzLl2O2O, on a motion by Commissioner Durkin, seconded by Commissioner Lawrence, the Commission voted 6-0-2, to approve these minutes as amended, with Phil Johnston and David Bernstein abstaining. Commissioner Lawrence seconded. Molion carries unanimously. This Motion was recalled and made by Commissioner Lawrence with the same stated conditions and seconded by Commissioner Durkin. Moderator called roll call: Hoopes, Durkin, Lawrence, Huggins and Mulhearn. Motion carries 5-0 Continued from 2/20/2020, 3/5/2020, 3/19/2020, SE83-2220,Deborah & Richard Caffus,122 Mayflower Terrace, South Yarmouth, proposed pier, ramp, and float on Dinah's Pond. Commissioner Lawrence has reviewed the meeting she missed and signed the Affidavit. Commissioner Bishop has not reviewed tape for missed meeting and will not be voting. Mark Burgess, Shorefront Consulting, representing Deborah and Richard Carrus, 122 Mayflower Terrace, South Yarmouth. Mr. Burgess reviewed the changes that have been made from the original plan. The dock was rotated to be in the center of the lot, it complies with all the local by- laws, depth and length fine, at the request of the abutters to the east we shortened the float by 4 feet to give them some extra room when they apply for a joint dock. The dock will be raised up to 5 feet over the marsh. ln the audience, Lucy Hulse, co-owner with her sisters of property at 126 & 130 Mayflower Terrace thanked Mr. Burgess and the Carrus for revising the plan leaving enough room to have a shared dock at their property. Mr. Carrus thanked Lucy Hulse and her family. Commissioner Durkin made a lvlotion to approve the Order of Conditions for SE83-2220 with the following conditions: 1-6, 10-12, 17,19,22-28,36 & 37 along with Special Conditrons: Timeof year restriction is February 15 - April 30; ramp and float should be removed seasonally and stored above the 35 foot setback, the float and ramp should not be dragged across the intertidal areas or salt marsh or buffer vegetation or the bank specrfic instructions should be included for the removal of the float and ramp. Pier should be 5 feet above the marsh. The dock is currently designed at 4 feet but that has been ad.justed and grading will be performed to allow for light penetration. The dock shall be elevated to meet the DMF recommendations, no dredging is proposed or permitted by this Order. CA added the condition that float stops landward edge @ 3 feet be added. Commissioner Bishop asked Commissioner Durkin if he would specify something other than greenheart pilings for the project. Commissioner Durkin agreed to this request. lv'lotion seconded by Commissioner Lawrence Moderator called roll call: Hoopes, Durkin, Lawrence, Huggins and Mulhearn. Motion carries. Mr. Carrus inquired if he could go ahead with the tree planting and the CA stated that it was fine. Page 8 of 14 Request for an Amended Order of Conditions: On 512112020, on a motion by Commissioner Durkin, seconded by Commissioner Lawrence, the Commission voted 6-0-2, to approve these minutes as amended, with Phil Johnston and David Bernstein abstaining. SE83-2198, Derek Johnson, 37 Moss Road, Yarmouth Stephanie Sequin, Engineer with Ryder & Wilcox representing Derek Johnson. This Commission issued an Order of Conditrons in July 2019 allowing the removal of the existing building and construction of new building, septic upgrade, driveway construction, landscaping and hardscaping. The building is under construction now and the owner has had a chance to work with a landscape designer and has decided to make some changes to what was originally approved. The approved plan allowed for a2 car attached garage and the owners are not going to go foMard with the 2 car attached garage and that deletes 952 sq. ft. The original plan had a circular drive and the owners now do not need that much and now show a 22 foot wide straight driveway coming in from the road, resulting in a 680 sq. ft. reduction, now the new driveway is outside of the 100 ft. buffer to BVW. Proposed is a patio area off the southeast corner of the building measuring 735 sq. ft. constructed with stone pavers. A retaining wall is part of this amendment at the edge of the fill stope creating a level area around the building. No changes are proposed to the original mitigation plantings. CA questioned in the north of the property there is a grading that goes from 7 down to 4 sloping directly towards the neighbor's property. How is the runoff proposed to be handled? No grading elevations from the house to the wall have been provided. Ms. Sequin stated around the house the elevation is 8-9 and the top of the wall is elevation 7 which would be a 1 ft. drop to the wall. CA concerned with any run off problems to neighbor and suggested a vegetated swale on north part of property to catch any kind of run off. Ms. Sequin suggested continuing the retaining wall to the east and tied into proposed septic containment wall which would mimic the retaining wall proposed on the other side. CA would like to see the erosion controlled on the property. Commissioner Lawrence made a lvlotion to approve Amendment to Order of Conditions for SE 83-2198 with the retalning wall going all the way around to the septic containment wall, the silt fence repaired/maintained for the life of the pro.iect and if upon review of the plan the CA can bring it before the Commission if she feels it necessary. Commissioner Bishop seconded. Moderator called roll call: Hoopes, Durkin, Lawrence, Bishop, Huggins and Mulhearn. Motion carries unanimously. Cont. from 1/16/2020, A6/2020, 3/5/2020, 3/19/2020, SE83-2125, Robert & tritarianna Gigtio, zl4 Mattachee Rd, W. Yarmouth CA reported to the Commission that new information was received today, leaving no time for the commission to review. lnformation submitted was a revised plan and updated drainage calculations. chairman Hoopes asked the commrssion if they would want to continue the hearrng to a new date or go through the new materials submitted tonight. cA offered to put the pran and drainage carcurations on the screen and Mr. ojara courd exprainthe changes. Page 9 of 14 On 5lzLl2O2O, on a motion by Commissioner Durkin, seconded by Commissioner Lawrence, the Commission voted 6-0-2, to approve these minutes as amended, with Phil Johnston and David Bernstein abstaining. Mr. Ojala apologized to the Commission for the late submittal due to limited staff dealing with the COVID 19 situation. The plan was reviewed by the Town Engineer and comments made I concurred with. The only change to this plan is the addition of the 6" gravel strip, 12 "deep, along the edge of the walkway. As a licensed engineer, this drainage design is adequate, it will not increase runoff, nor will it run off on other properties. Mr. Ojala reviewed the past history of the property and the misunderstandings that have happened. A swale has been put in on Mr. Giglio's side of the retaining wall that can handle a substantial amount of run off. Drainage calculations were reviewed by Mr. Ojala and explained to the Commission how they will improve the situation. From the audience, Arlene Wilson, recalled from the last meeting we acknowledged that drainage calculations were to be reviewed by the Town Engineer prior to this meeting. We would have liked to have had time to review them. One of the problems that I have is at the drainage basin there are not enough spot grades to really determine that the line around DA1, which is the back yatd arca, is as big as it should be. I recall in at least 2 previous hearings the Board has asked for the concrete walkway to be removed and it is still on the plan. There are no drainage calculations for the walk or driveway on the plan. I find this plan significantly different, not just a little, like we are being lead to believe. Previously the land was low and flat but when you introduce slopes you create run off problems. lf you reviewed the grading plan for the house you approved, a lot of these issues disappear because those grades were much flatter. This house is bigger even without the driveway from what you approved. The back porch was not on the original plan, that was where the patio was and the patio now is beyond the limit of what you approved. This plan is a problem for the Commission and sends a bad message to the community. Mr. Ojala responded to Ms. Wilson's comment stating that there are no performance standards in a flood zone only project. A 6 foot retaining wall has been planned all around the property. FEMA changed the regulations which added a foot to the elevations and we were required to meet code. Mr. Ojala reviewed the changes that had to be made on the plan. Attorney Edward Pietnik, representing the O'Sheys, rebuttal to Mr. Ojala's comments were in regards to the performance standards, they violated 8 out of 17 requirements originally. On the February 6, 20 meeting it was agreed that the driveway should be removed, changed to pervious and the walking path removed per the original plan. So far it has never been done. lt appears that they are not willing to work with the Board and have not done what was requested of them. The O'Shey's had never had problems before this project started with run-off. Chairman Hoopes at this time addressed Attorney Pietnik stating that we are going over the same information that we have heard previously. Attorney Pietnik did not care for this comment and expressed his feelings that he was not allowed the same consideration. Chairman Hoopes inquired if he had anything "new" to add. Attorney Pietnik replied that there is nothing new on this plan, everything still remains on the plan, this hearing was continued for weeks and we get a new plan j y2 hours prior to the start of the meeting. Chairman Hoopes stated the Board just received it as well. Mr. Ojala commented that the plan has on it that the asphalt driveway will be removed and replaced with gravel and the walkway has a gravel strip edge along the walkway solving the run off problem. Page 10 of 14 On 5/2tl2O2O, on a motion by Commissioner Durkin, seconded by Commissioner Lawrence, the Commission voted 6-0-2, to approve these minutes as amended, with Phil Johnston and David Bernstein abstaining. Commissioner Huggins made a Motion to issue an Amended Order of Conditions for SE83-2125 approving the revised plan with the previously approved conditions standing and the special conditions as follows: A 5 foot wide buffer or vegetated swale shall be planted along the top of the retaining wall; a Monitoring Report be provided by a certified drainage engineer in one year to access the site drainage conditions, the health of buffer vegetation and general soil filtration conditions at the site and the rmpervious driveway be removed as described and removal of the walkway. Chairman Hoopes opened the hearing to the Commissioners. Commissioner Lawrence is not in favor of the walkway. She listened to the video of her missed meeting and signed the Affidavit. Commissioner Bishop also listened to the video of the missed meeting and will send the Affidavit to CA. Commissioner Huggins expressed concern of lhe removal of the walkway and the effects on the Applicant. Chairman Hoopes felt that we had repeatedly asked for them to remove it and the Commission has made concessions with the driveway. Commissioner Bishop raised the point that a patio was not on the original plan and there is one on this plan. Mr. Ojala explained that the patio is stone set and semi pervious and will not cause any problems. The patio was on the original house. Mr. Giglio does want to keep the walkway, he put it in himself and he has mobility issues. Chairman Hoopes polled the Commission with regards to the removal of the walkway and it was a unanimous decision to remove it. Commissioner Lawrence seconded the Motion by Commissioner Huggins. Moderator called roll call: Hoopes, Durkin, Lawrence, Bishop, Huggins and lvlulhearn. Motion carries unanimously. Mr. Ojala thanked the Commission for their consideration and going forward on projects he will be more careful in his review. Request for Certifi of Compliance: SE83-1366, 6 Fairwind Circle, Yarmouth The cA gave the history of this property and the change of ownership. on a site visit the cA observed restoration issues which were shown to the Commission with various photos of the property. The homeowner, Jay lmad, was in the audience and stated he cleaned up debris left from the previous owner in the yard and that the tornado had done some damage that was part of the cleanup. commissioner Durkin made a Motron to issue the certificate of compliance for sE g3_1366, seconded by Commissioner Bishop. Moderator carred ro ca : Hoopes, Durkin, Lawrence, Bishop, Huggins and Murhearn. ACommissioners voted nay. Ivlotion fails. commissioner Lawrence made a Motion to issue an Enforcement order and Non_crimrnarCitation in the amount of $300.00. Motion seconded by Commissioner Huggins. Page 11 of 14 on 5/2L12020, on a motion by commissioner Durkin, seconded by commissioner Lawrence, the Commission voted 6-0-2, to approve these minutes as amended, with Phil Johnston and David Bernstein abstaining. I\iloderator called roll call: Hoopes, Durkin, Lawrence, Bishop, Huggins and Mulhearn. Motion carries unanimously. SE83-l 553, Green Harbor Resort, 182 Baxter Ave, Yarmouth Commissioner Bishop was recused from this Application. Commissioner Lawrence made a Motion to issue the Certificate of Compliance for SE83-1553. Motion seconded by Commissioner Mulhearn. Moderator called roll call: Hoopes, Durkin, Lawrence, Huggins and Mulhearn. Motion carries 5- 0. Request for aporoval of an u pdated plan: SE83-2041, 664 River Street, Yarmouth Mr. Chizmas described the work that has been completed on the property and now he is seeking a fence to secure the property and proceed with the vegetation of the bank using the plan by Wilkinson. CA has concerns with using this access path and it doesn't feel it looks good. She would prefer access from the water for dredging if it's a viable option. The fence should have clearance under and open fencing rather than a solid fence, and using the performance standards for flood zone and wildlife. ls it possible to dredge from a barge and move off site? And the area now plain (shown on photo) should be vegetated. Mr. Chizmas explained that they haven't been using mats because they knew it would be re- vegetaled. Going forward he intends to put mats down and it will look a lot better. Getting a barge in there is complicated. We are not able to take the sand to Windmill Beach and get it off the barge. What I prefer is using the mals and getting it off of there, I believe where it is now is preferable. Motion made by Commissioner Bishop to grant approval for the Request for Updated Plan for SE 83-2041 and that the Conservation Commission is notified of the date of dredging; dredging access; to inspect the site and to require matting and restoration if needed. Commissioner Lawrence seconded. Moderator called roll call: Hoopes, Durkin, Lawrence, Bishop, Huggins and Mulhearn. l/'lotion carries unanimously. Other Bu sl ness: Viola n-82and86Ha Page 12 of 14 rbor Road On 5lzllZO20, on a motion by Commissioner Durkin, seconded by Commissioner Lawrence, the Commission voted 5-0-2, to approve these minutes as amended, with Phil Johnston and David Bernstein abstaining. No one was present in the audience for this hearing due to COVID 19 issues. CA has been in touch with the homeowners and they have installed an erosion control line. They are working on getting a survey and restoration plans together. CA will stay in touch with homeowners and update the Commission at the next meeting. Violation - Show cause discussion for 54 Station Ave Mane Caron, property owner, addressed the Commission stating that she had no idea who dropped the fill their, she had made inquiries with several people but never contracted anyone. While on vacation she received information that someone had dropped off fill on the property. On her return from vacation she checked with several excavators but never learned who did it. She contacted Childs to take all that he could out and after meet with CA and walked the property. Loam has been placed and trees will be planted but Ms. Caron was waiting until this meeting to proceed. CA stated this is an isolated wetland over 3,000 sq. ft. The amount of trees lost werc 27. A Violation Notice had been sent to Ms. Caron. commission discussed best ways to stabilize the bank preventing erosion into the wefland. commission agreed to give Ms. caron 30 days (June 1"') to complete the following work: to stabilize the bank using bio-degradable netting, loam, erosion control mix and perennial seed mix. Violation - Show cause dis CU SS ion for 31 Nauset Road Apo roval of lrrl cA explained property purchased by new homeowner, Lisa whiting, who was unaware of the isolated wetland and the 35 ft. no disturb zone. N/s. whiting explained that she was unaware and was onry trying to crean up dead trees, andbriars Chairman Hoopes explained the benefit of the dead trees, providing wildlife habitat and nutrients provided. Discussion continued amongst the cA and Commission resulting in a decision that a split railfence at the 35 foot would be permissible. The CA will meel with the homeowner in the field andassist in marking the line. Page 13 of 14 eetin [/in utes Februarv 20,Marc h 5.2 020 and Ao ril 2nd CA showed photos of the area and gave the background that the property owner lost 27 trees during the tornado in July 20'19. Property owner had cleaned up the area and brought in fill to level and unfortunately the CA was not contacted that they were going to perform this work and subsequently a lot of the fill went down into the wetland. On 5/21/2O2O, on a motion by Commissioner Durkin, seEonded by Commissioner Lawrence, the Commission voted 6-0-2, to approve these minutes as amended, with Phil Johnston and David Bernstein abstaining. The minutes of February 20,2O will be tabled to the next meeting so that Commissioners Lawrence and Bishop can review. Minutes of March 5, 20 minor corrections will be made by CA Commissioner Durkin made Motion to approve, seconded by Commissioner Huggins Moderator called roll call: Hoopes, Durkin, Huggins and Mulhearn. Motion carries. Minutes of April 2, 20 a pproved wilh 1 correction Commissioner Durkin made Motion to approve, seconded by Commissioner Lawrence. Moderator called roll call: Hoopes, Durkin, Lawrence, Bishop, Huggins and lt4ulhearn. lvlotion carries unanimously. CA received a letter of resignation from Phil Johnson effective April 17 , 2020. CA will recommend to Mark Forest that David Bernstein be appointed to the Commrssion. David was in the audience and is looking forward to becoming a member of the Commission. CA reported that the representative for the property owner regarding the Violation on Aunt Dorah's Lane has contacted her and they are still trying to find a surveyor and with COVID it has been difficult. Commissioner Bishop hopes that after COVID the Commission can recognize Phil for his years of service. commissioner Lawrence made a Motion to adjourn seconded by commissioner Huggins @ 8:45 pm. Moderator called roll call: Hoopes, Durkin, Lawrence, Bishop, Huggins and lvlulhearn. l/otion carries unanimouslY. Kelly GrantPosted By (Name): Page 14 of 14 Staff Uodates: Hultgren, Robert From:A. M. Wilson Associates <amwilsonassoc@amwilsonassociates.com> Sent:Friday, May 8, 2020 3:51 PM To:Flett, Dawn-Marie Cc:'Attorney Edward W. Pietnik Jr.'; Grant, Kelly Subject:RE: 44 Matachee Road - Giglio Thanks, Dawn-Marie. I’ll be keeping in touch on this one. If/when the Amended O-C issues, could you copy me by email? Thanks again. - Arlene A. M. Wilson Associates, Inc. 20 Rascally Rabbit Road - Unit 3 Marstons Mills, MA 02648 508-420-9792 amwilsonassoc@amwilsonassociates.com www.amwilsonassociates.com From: Flett, Dawn-Marie Sent: Friday, May 08, 2020 3:38 PM To: 'A. M. Wilson Associates' Cc: Attorney Edward W. Pietnik Jr. ; Grant, Kelly Subject: RE: 44 Matachee Road - Giglio Hi Arlene, We have received a site plan that was revised on 4/16/2020, but no Amended Order has been issued yet. Have a good weekend, Dawn-Marie Flett Town of Yarmouth Conservation Office Administrator 508-398-2231 ext. 1211 dflett@yarmouth.ma.us From: A. M. Wilson Associates \[mailto:amwilsonassoc@amwilsonassociates.com\] Sent: Wednesday, May 6, 2020 2:38 PM To: Flett, Dawn-Marie <dflett@yarmouth.ma.us> Cc: Attorney Edward W. Pietnik Jr. <pietniklaw@tmlp.net> Subject: 44 Matachee Road - Giglio 1 Attention! This email originates outside of the organization. Do not open attachments or click links unless you are sure this email is from a known sender and you know the content is safe. Call the sender to verify if unsure. Otherwise delete this email. Dawn-Marie - I was just checking in to see if you had received the final revision of the Giglio plan and/or if the Order of Conditions for the project had been issued yet. Thanks for your help. - Arlene A. M. Wilson Associates, Inc. 20 Rascally Rabbit Road - Unit 3 Marstons Mills, MA 02648 508-420-9792 amwilsonassoc@amwilsonassociates.com www.amwilsonassociates.com 2