HomeMy WebLinkAboutConservation Commission Meeting Minutes Stamped 11.3.2022On llllTl 2022, on a motion by Commissioner Bernnstein , seconded by Commission€r Bishop,
the Commission voted 6-0, to approve these minutes as written.
CONSERVATION COMMISSION MEETING MINUTES
Members Present:
Staff:
Start Time:
November 3, 2022
Ed Hoopes (Chairman), Ellie Lawrence (Vice Chairman), David
Bernstein, Patricia Mulhearn, Paul Huggins, and Rick Bishop
Absent: Tom Durkin
Brittany DiRienzo
5:00 pm
Requestion for Determination of A OD licabil itv
1. Troy Thomas,15 Nauset Road Yarmouth, Proposed 31x12'deck on sonotubes in Land
Subject to Coastal Storm Flowage
Presenting: Troy Thomas
Commissioner Lawrence made a motion to issue a negative 2 determination
The motion was seconded by Commissioner Bishop
The motion carried 6-0
Continued Notice of lntent
2. SE83-2350 Paul Shea for Peter M. Fairbanks,41 Uncle Roberts Road , Yarmouth,
proposed raze and replace of a single-family home, swimming pool, patio, fire pit, grading
and landscaping, and new septic sys4tem within buffer zone to coastal bank and buffer zone
to coastal dune (Continued from 9/1, 9115, 1016, 10120)
Presenting. Eric Tolley and Tom Mulcahy
Discussion: The plans showed a reduction ofthe size ofthe house and pool. Brittany asked
that the //ex crenata be replaced since it is an emerging invasive species in the northeast.
Commissioner Lawrence made a motion to issue an order of conditions with special
condition including the replacement of the species as mentioned above
The motion was seconded by Commissioner Bernstein
The motion carried 6-0
Notice of lntent
3. Eric Burgess for Joel Bois-!g!s_!!Ey_.Aqgecg!!ule, proposed 3 acre aquaculture farm in
Lewis Bay in land under the ocean, and land containing shellfish, and NHESP Estimated
and Priority Habitat of Rare Wildlife
Discussion: Waiting for waterways comments and NHESP comments
Commissioner Bishop made a motion to continue to November 17,2022
The motion was seconded by Commissioner Lawrence
The motion carried 6-0
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onlrlr7l2022,on a motion by commissioner Bernnstein, seconded by commissioner Bishop,
the Commission voted 6-0, to approve these minutes as written.
4. Meredith Avery for Cynthia Richards, 0 Great lsland Road, proposed beach and dune
nourishment for coastal resiliency in Barrier Beach, coastal Dune, Land subject to coastal
Storm Flowage, and in the buffer zone to a Salt Marsh.
Presenting:
Discussion: Waiting for waterways
Commissioner Bernstein made a motion to continue to November i7,2022
The motion was seconded by Commissioner Bishop
The motion carried 6-0
5. SE83-2358 Dan Ojala for Joseph and Meredith Zona,39 Seth Lane, Yarmouth,
proposed Raze and
riverfront protection
Replace of a single family dwelling and new title 5 septic within the
area, land subject to coastal storm flowage, coastal bank, and the buffer
zones to a coastal bank and salt marsh
Commissioner Bishop made a motion to issue an order of conditions with special
conditions pending receipt of a new plan showing the change of driveway location and an
additional 4 ft of buffer mitigation planting of native shrubs.
The motion was seconded by Commissioner Mulhearn
The motion carried 6-0
Continued Stormwater Manaoement Permit ADD lication
6 JDB 212 Mid-Tech Driv
proposed redevelopme
bays building with new
e, LLC c/o Turtle Rock, LLC, 186 & 212 Mid-Tech Drive, yarmouth,
nt of existing office building site with proposed 1 1,400 sq ft contactor
paved parking lot, new septic system, new drainage systems and
new site lighting and landscape (Continued irom 1Ot 6, 1Ol2O
Discussion: Waiting on consultant comments
Commissioner Bishop made a motion to continue to November jZ ,2022
The motion was seconded by Commissioner Bernstein
The motion carried 6-0
Continued Certificate of Compliance
Presenting: Dan Ojala and Eric Tolley
Discussion: Presented the razing of the existing house and building a new house further
from the river. Also talked about the new septic system. The alternitive of rebuilding in thesame location was discussed.
commissioner Bishop requested that they remove the two groins. commissioner Lawrenceexpressed a concern about the new driveway and asked that it be pushed out of the 35' NoDisturb zone lo the coastal bank. commissioner Bernstein expressed concern about the
removal of trees for construction.
Discussion took place about additional mitigation for lost trees, the commission decided onan additional 4 ft of mitigation enhancing the existing proposed beach grass buffer to the
Bass River.
7 SE83-176,175 Route 28, Yarmouth
2
on lll 17l 2022, on a motion by commissioner Bernnstein , seconded by commissioner Bishop,
th€ Commission voted 6-0, to approve these minutes as written.
Commissioner Bishop made a motion to grant the COC
The motion was seconded by Commissioner Lawrence
The motion carried 6-0
8 SE83-2101,'170 Pleasant Street, Yarmouth
Presenting: Nick Crav,rford
Discussion: No beach grass was planted into the fiber rolls. lt was proposed to close this
with ongoing conditions that plugs of appropriate native plants be installed into the rolls for
stabilization.
Commissioner Bernstein made a motion to grant the COC with the ongoing condition
The motion was seconded by Commissioner Mulhearn
The motion carried 6-0
Ce rtificate of Compliance
9. SE83484, 184 Blue Rock Road. Yarmouth
Commissioner Bishop made a motion to grant the COC
The motion was seconded by Commissioner Lawrence
The motion carried 6-0
Two votes were taken. The first was a motion by Commissioner Lawrence and seconded by
Commissioner Huggins to issue an enforcement order authorizing work to bring this project
into compliance by maintenance of the fiber rolls, restoration of salt marsh and removal and
reinstallation of the wall al per the approved plan. The motion passed 6-0
Enforcement
11. 30 Hiqqins Crowell Road, West Yarmouth, Review updated restoration plan
Presenting: Paul Mancuso
Discussion: 50 trees were cut down within the 100 ft zone. 20 are showing regrowth with 18
to stay. More detailed plans are needed.
Commissioner Lawrence made a motion to continue to November 17 , 2022
The motion was seconded by Commissioner Bernstein
The motion carried 6-0
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12. 68 Horse Pond Road , Yarmouth
10. SE83-2065, 184 Blue Rock Road, Yarmouth
Presenting: Jennifer Crawford
Discussion: No monitoring was provided; wall was not removed from coastal bank. Other
issues include the deterioration of the coir logs, scouring, and loss of salt marsh restoration
atea.
Commissioner Bishop made a motion to issue the COC
The motion was seconded by Commissioner Bernstein
The motion failed to pass, 0-6 and the COC was denied.
On l,.llT l 2022, on a motion by Commissioner Bernnstein , seconded by Commissioner Bishop,
the Commission voted 6 -O , to approve these minutes as written.
Presenting: Michele Gardini, homeowner
Discussion: Owner bought the house in June. Report of pondshore clearing and soil
disturbance resulted in a violation notice. The commission determined that a restorationplan must be completed by a certified Restoration practitioner and submitted to the
commission by March 1"t 2023.
commissioner Bernstein made a motion to issue an enforcement order requiring a
restoration plan completed by a CERP to be due on March 1 , 2023 for review at thl
following meeting.
The motion was seconded by Commissioner Lawrence
The motion carried 6-0
13. 110 River Street , South Yarmouth
Approval of Meeting Minutes: october 6,2022 and continuance of meeting minutesapproval for Oclober 20 2022
commissioner Bishop made a motion to approve the minutes for october 6,2022 andContinue the October 20 2022 minutes approval to November 17 . 2022The motion was seconded by Commissioner Lawrence
The motion passed, 6-0.
14. other business: The commission was told the selectmen voted to hire a conservationAgent.
'15. We will review conservation fees at our next meeting.
16. Meeting adjourned at 7:43.
Presenting: Mark Burgess, Sean Greene; landscaper and John McCarthy; homeowner
Discussion: A lengthy discussion ensued about the work that was completed without beingpermitted. some commissioners felt that the owners needed to remove the patio and thenew steps. other commissioners felt a fine was in order and that a new mitigation plan of 5to 1 be presented as mitigation.
commissioner Bernstein made a motion to issue an enforcement order, fine the owners$300 and leave it open to chairman Hoopes (after a review of the file) io add fines asneeded. Enforcement conditions will require that a new mitigation plan of 5 to 1 bepresented by February 15,2023, that ongoing conditions ant mitigation stays undisturbed inperpetuity.
The motion was seconded by Commissioner Bishop
The motion carried 3 -2.
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