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HomeMy WebLinkAboutConservation Commission Meeting Minutes 07.06.2023On 7 /2O/2023, on a motion by Commissioner Lawrence, seconded by Commi5sioner HugSins, the Commission voted 5-0, to approve these minutes as written. Members Present: Staff: Start Time: CONSERVATION COMMISSION MEETING MINUTES July 6, 2023 Ed Hoopes (Chairman), Ellie Lawrence (Vice Chairman), David Bernstein, Rick Bishop, Paul Huggins Absent: Patricia Mulhearn Brittany DiRienzo 5:00 pm We began the meeting with a presentation from Natural Resources and Eddie Newell, an Eagle Scout from Troop 50 in Yarmouth Port. Eddie restored the Bradford Hall Blueberry Patch on Frank Baker Road. Eddie was highly commended for his work. for Determination of A licabili 1. Andrew Gallagher, 50 Neptune Lane Proposed addition, gravel driveway, and septic system in land subject to coastal storm flowage. Presenting: Andy and Karen Gallagher Discussion: They are renovating their house by adding a mud room, garage, and an updated septic system. Commissioner Bernstein made a motion to issue a negative 2 determination, The motion was seconded by Commissioner Bishop, and the motion carried 5-0. Request for Approval of a Revised Plan 2. SE83-2303 40 Mavflower Terrace proposed fence, kayak rack, regrading, restoration plantings, and gravel under first floor deck. Presenting: Phil Cheney Discussion. Mr. Cheney described the proposed changes as follows: 1. Added a small wing to the wall (not in original filing) and plantings to prevent erosion. 2. Add 3 shrubs for stabilization by the small wall. 3. Under the deck, 30 in by 6 ft pavers from the door. The rest will be gravel. 4. ln the front, a new walkway and foundation plantings. 5. Resurface existing asphalt. 6. Private fencing to 35 ft buffer zone with space underneath to allow for animals to pass through. The rest will be split rail. Chairman Hoopes asked for mrtigation for the gravel under the deck which iS within the 35ft zone. There was significant regrading done without approval or permission, and the commissioners decided that an amended order of conditions would be required since the changes were significant. Mr. Cheney withdrew the request for approval of a revised plan without prejudice and will advise the engineer to reapply with a request to amend the order. No Vote was needed. Continued Notice of lntent 3. SE83-2392 Paul Mancuso, BSC Group, for Carl Valeri 138 Crowell Road proposed dredging and beach nourishment, in land underthe ocean, coastal beach, land containing shellfish, and land sublect to coastal storm flowage I On 7l2OlZOZ3, on a rnotion by Commissioner Lawrence, seconded by Commissioner HusEins, the Commisrion voted 5-0, to approve these minutes as writt€n. Petitioner asked to continue to July 20. Commassioner Bishop made a motion to continue to July 20. The motion was seconded by Commissioner Lawrence, and the motion carried 5-0. 4. SE83-2393 Roy Okurowski, WRS Engineering, for Jeffrey Cutter !LeIi!99_B9e! after the fact NOI flling for enforcemenl order for deck expansion, unpermitted patio, and 30' x 8' float, in land subject to coastal storm flowage Petitioner asked to continue to July 20. Commissioner Lawrence made a motion to continue to July 20. The motion was seconded by Commissioner Huggins, and the motion carried 5-0. Notice or lntent 5. SE83-2396 Dan Ojala, Down Cape Engineering, for Eleanor Acheson and Emily Hewitt, 170 Pleasant Street Pro posed dock and float system in the riverfront area, land under the ocean, coastalbeach, salt marsh, land containing shellfish, fish runs, and land subject to coastal storm flowage. Note that Commissioner Bishop recused himself. Presenting: Dan Ojala, Down Cape Engineering, and Valerie Moore. Owners were also present. Discussion: Mr. Ojala wentthrough the full plan in detail To summarize:1 The new pier is between two other piers and needs a 2 foot variance because the pier would be 73 feet apart not the 75 feet in our regulations. Afier discussion the petitioners said they would take off 2 feet from their floats so they no longer needed that variance.2 The owner is going to donate $500 to a shellfish seed fund 3. The plan marntains the coastal bank 4. Public passage will be clearly marked. 5. Since there is a chance the pilings used willthe Greenheart the owners will donate 9500 to an amazon restoration fund. 6. Asking for another variance to allow pierto be 127 leel in length rather than the 80 ft maximum the regulations Discussion followed: Both Chairman Hoopes and Commissioner Lawrence had trouble with the length ofthe pier. lt was noted by N4r Ojala and the piers on both sides were longer than 80 feet since they were built long ago. Attorney Moore mentloned that the proposal has no adverse effect to wetland. The CA countered that all piers have an adverse impact, and the longer the pier the greater the impact which is one reason why the Commjssion limits the length Commissioners Bernstein and Huggins did not see a problem granting this one variance of length of the pier considering the circumstances. However, they both were clear in their comments that variances are decided on each individual case and the public should not misconstrue the granting of the variance as a new policy. A neighbor, Mark Anschutz, pointed out that his mooring oi the Catfish is 45 ft from the pier and can be moved f the project rs approved. Commissioner Bernstein made a motion to accept a revised plan with special conditions and changes including the following- remove 2 feet from the floating docks, realign the pier to the existing pathway, increase the height or decrease the width over the salt marsh to meet the 1 5:1 ratio required by DMF. The motion was seconded by Commissioner Huggins. and the motion carried 3-1. Continued Request for Certificate of Comoliance 7. SE83-1297 18 Channel Point Drive 8. SE83-1623 29 Valley Road Discussion: Both COC's were voted on together. Commissioner Lawrence made a motion to jssue both COC'S. The motion was seconded by Commissioner Bishop, and the motion carried 5-0. Enforcement 9. 0 Great lsland Road Fill on coastal dune- a pprove restoration plan Presenting: no presenter since this was a flnal approval of a planting plan Discussion: CA said the new plan added a significant amount of plantings. The planting will be done in the fall and the Beach Grass in March. We will revisit the site in the fall prior to installation. Commissioner Bernstein made a motion to approve the plan. Ihe motion was seconded by Commissioner Lawrence, and the motion carried 5-0. 10. q9_9y9!Cf-q9y9_B9gC Floating dock without wetlands permit. Enforcement order Presenting: Bob Perry and Attorney Revere Discussionr CA described the situation. The interim approval for the floating dock from DEP waterways expires in November. The floats ground at low tide, and the pier has never gone lhrough wetlands permitting, therefore an EO was issued to remove the docks which they did. The confusion lies in the question of who owns the dock. While the dock is at 59 Oyster Cove Road the owner ofthe dock lives at 29 Oyster Cove Road. The Chapter 91 lnterim Approvalwas issued to the owner of 29 Oyster Cove Road. lrr. Perry and Attorney Revere represent the new owners of 29 Oyster Cove Road. The owners are asking to be allowed to put the floats into the water for the rest ofthe summer and come back to the commission with a new plan. After a short discussion it was voted by the Commission not to allow the redeployment of the docks. Commissioner Bishop made a motion to approve the enforcement order as written. The motion was seconded by Commissioner Lawrence, and the motion carried 5-0. Other Business 1. Approval of Meeting Minutes: June '15, 2023 Commissioner Bernstein made a motion to accept the minutes. The motion was seconded by Commissioner Lawrence, and the motion carried 5-0. 2. David and Kim Todesco, 1z?lgg!e.!.!.eu!llql!y9: Parceland dock inquiry Afler looking at Google maps and seeing the surrounding fingers in the area the Commissjon commented that the Todesco's may explore putting in a dock. 3. Other business not reasonably anticipated. Adjourned at 7:42 pm On 7l20l2023, on a motion by Commissioner Lawrence, seconded by Commirsioner Huttins, th€ Commission voted 5-0, to approve these minutes as written. 6. SE83-2397 Roy Okurowski, WRS Engineering, Ior Paul and Nancy Cruz EaPIlggBgad, Proposed dock and boat lifl in iand under the ocean, coastal beach, salt marsh, land containing shellfish, and land subject to coastal storm flowage. Petitioner asked to continue to July 20. Commissioner Bemstein made a motion to continue to July 20. The motion was seconded by Commissioner Bishop, and the motion carried 5-0.