HomeMy WebLinkAboutConservation Commission Meeting Minutes 02.01.2024 AMENDED001On O2lL5l2O24, on a motion by Commissioner Bernstein, seconded by Commissioner Frost,
the Commission voted 7-0, to approve these minutes as written.
CONSERVATION COMMISSION MEETING MINUTES
February 1,2024
AMENDED
Members Present: Ed Hoopes (Chairman), Ellie Lawrence (Vice Chairman), David
Bernstein, Paul Huggins, Patricia Mulhearn, Rick Bishop, Jack Frost
Absent:
Staff: Brittany DiRienzo
Start Time: 5:00 pm
Request for Determination of Applicabilitv
1. Robert & Kristine Pelletier, 295 Buck lsland Road, Proposed small addition in the buffer
zone to a bordering vegetated wetland and within NHESP priority habitat-for NHESP
comment only
Presenting. Robert and Kristine Pelletier
Discussion: Continued from previous meeting for comments from National Heritage. We received
their letter stating the project is exempt.
Commissioner Lawrence made a motion to issue a negative 3 determination
The motion was seconded by Commissioner Bernstein
The motion carried 7-0
Notice of lntent
2. Down Cape Engineering and Crawford Land Management for Walter Siguencia 56
Camp Street Proposed sport court, patio, walls and regrading with plantings in response
to an Enforcement order in the buffer zone to a Bordering Vegetated wetland
Presenting: Dan Ojala, Down Cape Engineering and Lauren Taylor CLM
Discussion: This was under an enforcement order. The wetland was flagged by Brad Hall. The
proposal is to restore the 50 foot buffer as mitigation and restoration plantings per the enforcement
order. The proposal is for a sport court with a drain, retaining walls, a patio, and the removal of
three trees (to be replaced by 3 potted red maple trees).
Commissioner Bernstein expressed his concern about the run off from the street. Mr. Ojala is
asking the town to put in a storm drain.
Commissioner Bishop asked that a drain be added to the plans at the bottom of the basketball
court. He also asked for drains at the sides of the court. These two items were added to special
conditions.
Commissioner Lawrence is concerned about the runoff going onto neighbor's property. She is also
concerned about the amount of fill that will be used.
Mr. Ojala wasn't sure of the exact amount of fill but did say that added wall will prevent some of
the run-off.
Commissioner Frost asked about the type of soil that would be brought and what is under the fill.
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On O2lL5l2O24, on a motion by Commissioner Bernstein, seconded by Commissioner Frost,
the Commission voted 7-0, to approve these minutes as written.
Mr. Ojala said that the gravel will be scraped off and the soil de-compacted before the addition of
the soil.
CA said that the area below the wall will be a native seed mix.
Commissioner Frost made a motion to issue an order of conditions with special conditions, upon
receipt of a revised plan showing the additional drains and tree substitution.
The motion was seconded by Commissioner Bishop
The motion carried 7-0
3. SE83-2411 Cape and lslands Engineering and \Mlkinson Ecological Design for Adrienne
Hollander 6 Buttercup Lane Proposed shoreline stabilization and reinforced salt marsh
in riverfront area, coastal bank, coastal beach, LSCSF, and the buffer zone to a salt
marsh
Presenting. Seth Wilkinson, WED and Raul Lizardo-Rivera, Cape and lslands engineering
Discussion: This is a shoreline stabilization project. The purpose is to install a reinforced high
mash to assist migration as sea level rises in addition to stabilizing the toe of the bank.
Commissioner Lawrence asked if a barge will be used, and that it should not be allowed to ground
at high tide.
Mr. Wilkinson said the barge at this time is unavailable so all equipment including micro excavator
(dingo) and material will be conveyed down the bank from above. lf the barge will become available
they will use it.
CA asked why there is such a gap between existing marsh and proposed reinforced high marsh.
This is to allow a significant wrack accumulation without smothering the plants, and for some
natural area for the low marsh to migrate into.
Commissioners Frost and Bishop applauded the applicant for trying novel strategies to improve
resilience to climate change.
Commissioner Bernstein made a motion to issue an order of conditions with special conditions
The motion was seconded by Commissioner Lawrence
The motion carried 7-0
Request for Certificate of Compliance
4. SE83-2291 310 South Shore Drive
Discussion. CA summ arized that this is a vegetation management and planting project in response
to an EO, and it is difficult to tell groundcover success during the winter. The applicant has agreed
to continue the request to June 6 to properly evaluate the plantings.
Commissioner Bishop made a motion to continue to June 6, ZOZ4
The motion was seconded by Commissioner Lawrence
The motion carried 7-0
5. SE83- 2293 47 Nickerson Farm Wav (partial)
Commissioner Huggins made a motion to grant the partial COC with ongoing conditions
The motion was seconded by Commissioner Frost
The motion carried 7-0
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Enforcement
On 02/L512O24, on a motion by Commissioner Bernstein, seconded by Commissioner Frost,
the Commission voted 7-O, lo approve these minutes as written.
6. Brian J. Wall, Troy Wall. Associates for Rosangela Caloiero Ovster Cove Road-
unpermitted dock in land under the ocean
Commissioner Mulhearn recused herself.
Attorney Brain Wall was representing the owner of 29 Oyster Rd. The dock in question is on a
common beach between 59 Oyster Cove Rd and 16 Fairwind Circle.
CA explained the violation. The previous owner at 29 Oyster Rd installed an unpermitted dock and
this was destroyed in the January storms. The dock was rebuilt without a permit.
The owner has been advised to file an NOI designed to current standards to attempt to permit a
new dock in this location and remove the current dock as required in the EO.
Attorney Wall asked that the commission allow the present unlicensed rebuilt dock allow to remain
while the question of who is allowed to build the dock is resolved among other possible issues on
the property.
Commissioner Huggins made a motion to table the enforcement order for 30 days for the owner
to return with plans and the chance to provide proof that the dock predated the Wetland Act. The
rebuilt dock remains in the interim.
Commissioner Frost seconded the motion
The motion did not carry, 3-3.
Commissioner Bernstein made a motion to amend the enforcement order to require removal of
the dock and filing of an NOI by March 7.
Commissioner Lawrence seconded the motion.
The motion passed 5-1.
Other Business
7. Approval of Meeting Minutes: January 18,2024
CommissionerBernstein made a motion to accept the minutes
The motion was seconded by Commissioner Lawrence
The motion carried 7-0
Other business not reasonably anticipated.A' Wetland bylaw revisions are on the website and a public meeting is planned for Feb 15at the end of the regular Cons Com meeting. The byiaw will appea-r on the warrant forthe Apriltown meeting.
B. Reminder about the MACC spring conference March 2. Register with Brittany.
CommissionerBishop made a motion to Adjourn.
The motion was seconded by Commissioner Lawrence
The motion carried 7-0
Adjourned at: 6:29
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