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HomeMy WebLinkAbout5.7.15 minutesConservation Commission Meeting Minutes May 7, 2015 Members Present: Ed Hoopes, Chairman, Tom Durkin, Phil Johnston, Audrey Russano, Rick Bishop, Ruth Rauss Members Absent: Joan Carr Staff: Kerry Muldoon, Conservation Administrator Start Time: 7:00 p.m. Request for Determination of Applicability: Judy Hoyle, 205 South Street South Yarmouth, MA (Map 26/34 Lots 113/256) proposes landscape and tree removal within buffer zone to Run Pond and Land Subject to Coastal Storm Flowage. Judy and Kevin Hoyle were present at the meeting. They described the project as stated in the application (Request for Determination of Applicability). The existing trees have caused root damage to the existing tennis court and the lot had not been maintained in years. The Commission reviewed the proposed plan. There were no further comments from the Commission member or the audience. A motion was made by Commission Durkin to issue a negative 2. Second by Commissioner Ruassano. All in favor. Motion carries. Approved documents: Request for Determination of Applicability, Determination of Applicability, Plan titled 205 South Street, South Yarmouth, received by the Conservation Commission on April 23, 2015. Notice of Intent: SE83-2023, Ronald & Christine Lukasevicz, 97 Saltbox Road, South Yarmouth, MA (Map 81 Lot 41) proposes a dock, ramp and float in Bass River, a retaining wall, access steps, regrade backyard, tree removal and vegetation maintenance within the Riverfront of Bass River. The representative, Mark Burgess of Shorefront Consulting was present at the meeting along with the applicant Mr. Ronald Lukasevicz. Mr. Burgess explained the proposed project to the Commission as stated in the application (Notice of Intent) and on the proposed plan. The Commission discussed the proposed tree work and the Agent recommended 14 trees to be removed and 10 trees to be pruned opposed to the total requested trees to be removed. The Commission then discussed the proposed retaining wall and stated it was too close to the coastal bank and was concerned with the amount of fill being proposed. The Commission, representative and applicant further discussed relocating the retaining wall and it was later proposed to be moved away from the top of the coastal bank by 3 feet. Mr. Burgess stated the dock application has already been approved by Waterways. The area has few shellfish. Commissioner Bishop asked to clarify the location of the proposed dock. A letter from Yarmouth Shellfish and Waterways Committee dated 5/7/2015 was submitted to the Commission. The project does not require float stops and as an ongoing conditions the float shall not exceed six foot by ten foot float. An email from the Division of Marine Fisheries dated 5/7/2015 has no recommendation on the project. The Agent recommended the tree work shall be done by a professional tree care workers and stated the file number is SE83-2023. There were no further comments from the Commission member or the audience. Commissioner Durkin made a motion to issue an Order of Condition with the following numbers 1-7, 8, 10, 15, 16, 17, 18, 19, 20, 21, 22, 23, 26 (resource side of retaining wall),28, 35, 36,37,work shall be done by certified tree professional and the recommendation per waterways, relocation of retaining wall and tree removal shall be shown on a revised plan. Seconded by Commissioner Russano. All in favor. Motion passes. Approved document: Notice of Intent, Order of Conditions, Plan titled Plan showing proposed dinghy, dock, ramp, float and site work project Ronald & Christin Lukasevicz, revise dated 5/12/2015 SE83-2022, Marilyn Mills, 166 Baxter Avenue, West Yarmouth, MA (Map 29 Lot 97.2) proposes to remove existing walkway and construct new elevated walkway with handicap accessible landing, ramp and float within Mill Creek. Mark Burgess of Shorefront Consulting was present at the meeting on behalf of the applicant. He explained the application as stated in the Notice of Intent application. The applicant is requesting a handicap accessible landing. The application has been before the Waterways Committee. The applicant is requesting a variance. The project is not within Riverfront jurisdiction. The proposed float is for a dingy dock. The shellfish survey indicated the area had a large amount of shellfish. The Division of Marine Fisheries submitted a letter dated 5/7/2015 stating the project will impact a substantial sustainable number if quahogs that are regularly fished by commercial and recreational fisherman. Marine Fisheries strongly recommends the proponent discuss these impacts with Town shellfish constable to determine what kind of mitigation is necessary for the loss of habitat. The Agent recommends the applicant to discuss the project with the shellfish constable and if any shellfish are present on site they shall be relocated to an adjacent site. The Agent stated the file number is SE83-2022. The Chairman noted a minor error on the plan with the size of the float. Commissioner Bishop inquired the wait on the morning list. Commissioner Durkin clarified the location of the flat walkway proposed for the wheelchair. The agent recommended following the recommendation of the Waterways Committee. There were no further comments from the Commission member or the audience. Commissioner Johnston made a motion to issue an Order of Conditions with the following numbers 1-7,8,10,16, 17,21,22,23,24, 29, 35,39. Seconded by Commissioner Russano. All in favor. Motion carries. Approved Documents: Notice of Intent, Order of Conditions, Plan titled Plan Showing Reconstructed Walkway & Proposed Dinghy Dock prepared by Shorefront Consulting revise date 5/12/2015 Certificate of Compliance: SE83-801, Judith Maslen, 128 Augusta National Drive, Yarmouth Port, MA A letter was submitted from Down Cape Engineering dated 4/24/2015. There were no further comments from the Commission member or the audience. Commissioner Johnston made a motion to issue a full certificate of Compliance. Seconded by Commissioner Bishop. All in favor. Motion carries. Approved Document: Request for a Certificate of Compliance, letter from Down Cape Engineering dated, Certificate of Compliance SE83-1439, Gerald & Sheila Pessin, 285 Buck Island Road, South Yarmouth, MA A letter was submitted from Down Cape Engineering dated 4/21/2015. There were no further comments from the Commission member or the audience. Commissioner Bishop made a motion to issue a full certificate of Compliance. Seconded by Commissioner Durkin. All in favor. Motion carries. Approved Document: Request for a Certificate of Compliance, letter from Down Cape Engineering dated, Certificate of Compliance Request for a Permit Extension: SE83-1744, Dawn Karol, 49 & 51 South Shore Drive, Yarmouth, MA Mrs. Dawn Karol was present at the meeting. She referred to a letter dated 5/5/2015 from Tim Brady of East Cape Engineering. Mr. Brady stated the revetment design and retaining wall won't change due to the flood map and new datum. Commissioner Johnston stated the permit was originally filed in 2007 and asked if the project will be done. Mrs. Karol stated the project will be done by next summer due to the rental season and beach season. The Commission discussed extending the permit for one year. A motion was made by Commissioner Bishop to extend the permit for one year. Seconded by Commissioner Johnston. All in favor. Motion carries. Approved documents: Request for a Permit Extension, letter dated 5/5/2015 from Tim Brady of East Cape Engineering Minor Plan Change: SE83-1993, Robert Dunphy, 19 Grist Mill Lane, West Yarmouth Mr. Tony Costa was present at the meeting. The Agent stated the Commission received a request for a minor plan change dated 5/5/2015 from Michael Pimentel of J.C. Engineering, which explained the changes to the plan. Commissioner Durkin inquired about the amount of fill that is proposed to be added to the site. Mr. Costa stated the fill is being brought in on the back portion for the house and the front of the house, now the fill is being proposed to be reduced. The Commission discussed proposed project changed and felt the fill is minor but this was the second time the plan has changed. The Commission stated they would not be in favor of additional plan changes in the future. Commissioner Russano made a motion to approve the revised plan. Commissioner Bishop approved the revised plan. Commissioner Durkin approved the revised plan. Commissioner Johnston approved the revised plan. Chairman Hoopes was not in support of the revised plan and did not approve the revised plan. The motion carries 4:1 in favor approving the plan. Approved document: plan titled Proposed Site Plan at 19 Grist Mill Lane West Yarmouth, MA prepared for Dublin Construction Prepared by JC Engineering, Inc, revise date 5/2/2015 Discussion: The Commission discussed purchasing a fish counter to install in the herring run. The Commission discussed the policy for replacing pier, ramp and floats that were damaged during storms. Staff Updates The next Conservation Commission meeting will be held on May 21, 2015. A motion was made by Commissioner Russano to adjourn the meeting. Second by Commissioner Johnston. All in favor. Motion carries. Meeting adjourned at 9:40 p.m.