Loading...
HomeMy WebLinkAboutMeeting Minutes 4.20.2023On 51412O23, on a motion by Commissioner Bernstein, seconded by Commissioner Durkin, the Commission voted 6 - 0, to approve these minutes as written. ':'-i'''-.. - i'r. 'CONSERVATION COMMISSTON MEETING MINUTES I -'.:;llr*i -:-'.lr:.,,. - i:,'.:: -" -;,,'-April20,2023 Members Present: Ed Hoopes (Chairman), Ellie Lawrence (Vice Chairman, Thomas Durkin, David Bernstein, Rick Bishop, Paul Huggins Staff: Start Time: Absent: Patricia Mulhearn Brittany DiRienzo, Kathryn Brooks 5:00 pm 1. Review of Conservation Restriction for Hiqqins Crowell Road land acouisition- Kelly Grant, The Compact of Cape Cod Conservation Trusts, lnc. Presenting: Kelly Grant Discussion: Asking for a letter of support from the Commission to present to the Board of Selectmen for the Conservation Restriction. Commissioner Durkin made a motion to issue a letter of support. The motion was seconded by Commissioner Bernstein, and the motion carried 6-0. Continued Notice of lntent2. SE83-2378 Bob Falzarano, Fraser Construction Company, lnc., for Jeffrey Gabriels 18 Roads End Proposed removal and replacemenl of 21' x 10' deck with 21' x 12' deck in the buffer zone to a bordering vegetated wetland and freshwater pond Discussion: A request was read from the applicant to continue to May 4th Commissioner Bishop made a motion to continue to May 41h,2023. The motion was seconded by Commissioner Lawrence, and the motion carried 6-0. 3. SE83-2385 Christopher Gilbert, Farland Corp. lnc., for Lisa George 41 Short Wav proposed addition with partial basement, attached deck, fence, driveway expansion and walkway within the buffer zone to a bordering vegetated wetland Presenting: Chris Gilbert, Farland Corp. Discussion: The owners want to put in a stockade fence with a gap at the bottom for small animals to pass under. Coyotes are a concern. Commissioners object to a stockade fence in the proposed location since it would restrict wildlife passage to the wetland. The fence has been removed from the plan. Commissioner Bernstein made a motion to issue an Order of Condition with special conditions. The motion was seconded by Commissioner Huggins, and the motion carried 6-0. 4. SE83-2390 Robert Perry, Cape Cod Engineering lnc., for David and Daphne Geanacopoulos ![Frothinoham Wav Proposed pier, ramp, and float system in riverfront area, land underthe ocean, coastal beach, salt marsh, land containing shellfish, and land subject to coastal storm flowage. Presenting: Bob Perry, Cape Cod Engineering lnc., and David Geanacopoulos, homeowner Discussion: Bob Perry went over the performance standards of the proposed project in detail. Chairman Hoopes conflrms the proposed dock is 38 feet over the bylaw limit, and said they have held firm to the length limit with other proposed projects. Not in support of the project. Commissioner Bishop has concerns on the length and distance to other floats. Commissioner Durkin has similar 1 On 51412023, on a motion by Commissioner Bernstein, seconded by Commissioner Ourkin, the Commission voted 5 - 0, to approve these minutes as written, concerns. Mark Saban, a representative for the Yacht Club spoke in opposition of the project due to safety concerns for the students learning to sail. Mark Andshutz, an abutter to the property, spoke in favor ofthe project. John Clark, a yacht club member, voiced his concerns for students safety as well. Bob Perry proposed a cooperative agreement with the southern abutter to move the location of the dock and therefore shorten it, and requested to continue this discussion. Commissioner Bernstein made a motion to continue to May 18, 2023. fhe motion was seconded by Commissioner Durkin, and the motion carried 6-0. 5. SE83-2387 Mark Burgess, Shorefront Consulting , for Richard and Ellen Mello 140 Blue Rock fu3gl Proposed bulkhead, garage, and tree removal in land subject to coastal storm flowage, riverfront area and the buffer zones to a coastal dune and coastal bank Presenting: Mark Burgess, Shorefront Consulting Discussion: Mark Burgess wants to continue to a later date where the arborist and homeowner can both be present, but wants to discuss the performance standards and how a soft solution will not work. Chairman Hoopes said there has been no demonstration showing a soft solution will not work. Mr. Burgess referenced the project at 184 Blue Rock Road and how a soft solution did not work there. Commissioner Bishop said that soft solution was not maintained and should not be used as an example. Commissioners Huggins, Lawrence, and Bernstein all echoed that a soft solution needs to be thoroughly attempted before moving to a coastal engineering structure. Mr. Burgess has made it clear he does not believe a soft solution will work. He has asked to get comments from Greg Berman, from the Woods Hole Group, on the subject, and the Commission and CA support this. Commissioner Bishop made a motion to continue to May 18, 2023 for comments from the coastal processes specialist. The motion was seconded by Commissioner Lawrence, and the motion carried 6-0. Notice of lntent6. SE83-2391 Mark Burgess, Shorefront Consulting, for Aunt Edith's Road Association, lnc. 0 Aunt Edith's Road Pro posed reconstruction of a pier and float system in the riverfront area, land under the ocean, coastal beach, salt marsh, land containing shellfish, and land subject to coastal storm flowage Presenting: Mark Burgess, Shorefront Consultrng, and Steve from the Association Discussion. Chairman Hoopes explained that the proposed plan is a significant change from the original dock plan, making it a new structure that should be closer to complying with the new dock regulations. Commission Lawrence would like to see the 16.8 platform removed from the end of the float to better comply with current bylaws for new docks with a maximum of 4 ft width. Commissioner Huggins addressed the issue of using Greenheart, and in the past if applicants chose this material, then a donation was usually made for reforestation efforts. This comment is supported by the Commission. DMF comments were read and recommend 6-foot minimum separation between the salt marsh and the lowest hanging stringer. Mr Burgess asked where this was in the regulations. Chairman Hoopes said the Commission has every right to take these professional recommendations to protect the salt marsh resource as best as possible. Mr. Burgess will go to the Association to discuss the height and landing changes and would like to continue lo May 4,2023. Commissioner Bernstein made a motion to continue to May 4,2023. The motion was seconded by Commissioner Bishop, and the motion carried 6-0. (After item number 20 on the agenda, Mark Burgess and Steve came back to the podium for more discussion. They agreed to raise the dock to be six feet over the marsh and will ask the board to 2 On 5/4/2023, on a motion by Commissioner Bernslein/ seconded by Commissioner Ourkin, the Commisrion voted 5 - 0, to approve th€s€ minutes as writt€n. I change to fiberglass pilings if they are available at the time of the project. Will cut the landing down to 16'x4'. The commission will revisit all ofthis next meeting since the agenda item was already closed.) Stormwater Manaqement Permit Application7. SW2023-002 Robert Reedy, J.lvl. O'Reilly & Associates for Christian Davenport, The Davenport Companies lnc. _!9!_39_E9gl!9._93 Proposed development of a 14-lot cluster subdivision in Yarmouth Port. SW2023-003 Emily Wlliamson, Shive-Hattery, lnc. for Jason St. Martin, Eversource Energy, inc. 484 Willow Street, Proposed emergency use parking lot and site improvements for energy emergencies and storm response vehicles Discussion: Waiting on response materialto the peer review comments, both stormwater applications were tabled to May 4, 2023 by the Chairman Requesl for Extension 9. SE83-2049 29 Parkers Neck Road Discussion: CA states that the original permit was issued in 2016, extended to 2023 tolling), and this is the second extension request. No work has begun. Commissioner Bishop made a motion to grant an extension for 2 years The motion was seconded by Commissioner Bernstein, and the motion carried 6-0 (including covid 10. SE83-2206 Great lsland Ocean Club Powers Lane Beach Parcel Discussion: CA states the expiration date with covid tolling is August 1, 2023. NHESP comments will expire on January 23, 2025 Chairman Hoopes proposes an extension to this same date the NHESP comments expire. Commissioner Lawrence made a motion to grant an extension to January 23, 2025. The motion was seconded by Commissioner Huggins, and the motion carried 6-0. Certificate of ComDliance The Commission voted on all seven Certificate of Compliance applications at once. Commissioner Bernstein made a motion to issue all seven Certificates of Compliance The motion was seconded by Commissioner Huggins, and the motion carried 6-0. 1 1. SE83-i998 Mass DoT .q.aps_e.9d_Esj!_IE!LEr!9!s!9! 12. SE83-977 0 Aunt Edith's Road '13. SE83-134 1196 Route 28 Hearth and Kettle 14. SE83-1,142 8 Manv Oaks Circle 15. SE83-1123 13 Saqamore Road 16. SE83-'1585 13 Saqamore Road '17. SE83-2079 14 Grist l\,lill Lane Enforcement '18. Great lsland Homeowners Association.0 Great lsland Road- Unpermitted flll deposited on a coastal dune, coastal beach, and land subject to coastalstorm flowage. Presenting: Craig Fleming, General lranager ofthe Great lsland Homeowners Association Discussion: Chairman Hoopes recommends revision of the EO to require the use ofjute matting for erosion control immediately, along with a sketch plan with a plant pallet submitted to the CA for l On 5/4/2023, on a motion by Commissioner Bernst€in, seconded by Commissioner Durkin, the Commksion voted 5 - O, to approve these minutes as written. .l approval by May 5, 2023. Beach grass may be planted in the fall, shrubs and the matting must be installed prior to June 5. '19. 148 Wendward Way- Review of Restoration plan Presenting: Tyler Gaudreau, Environmental Landscape Solutions, and Dennis Aceto, homeowner Discussion: lnvasive species removal including basal bark treatment for invasives, single split rail fence showing the no disturbance zone. l\ritigation is met and the restoration plan looks good. Commissioner Bishop made a motion to approve the restoration plan. The motion was seconded by Commissioner Lawrence, and the motion carried 6-0. Other Business 20. 184 Blue Rock Road Crawford Land Management and Shorefront Consulting, Discussion of salt marsh restoration strategies Presenting: Mark Burgess, Shorefront consulting, and Jen CraMord, CraMord Land Management Discussion: Discussed new stabilazation technology using cobbles under the coir pillow for salt marsh planting and new techniques with hydroseeding that CraMord Land Management is testing. The Commission is interested in allowing what they are proposing but would lake more information on the process, contents of the hydroseed material, and updates along the way. No issues with the cobble in the front. CLM will provide updates and photos on the process. 2l-429 Hiqhbank road Mark Burgess, Shorefront Consulting, for John Deboyace, Discussion of compliance with old enforcement and potential for site improvements under new ownership Discussion: withdrawn prior to the hearing 22. Approval of Meeting Minutes: l\rarch 16, 2023 and April 6, and Executive Session minutes from January 19, 2023 and Match 2,2023 Commissioner Bishop made a motion to approve the Minutes from March 16, 2023. The motion was seconded by Commissioner Lawrence, and the motion carried 5-0. Commissioner Bishop made a motion to approve the Minutes from April 6, 2023. The motion was seconded by Commissioner Bernstein, and the motion carried 4-0. Commissioner Bishop made a motion to approve the Executive Session minutes from January '19, 2023. The motion was seconded by Commissioner Lawrence, and the motion carried 5-0. Commissioner Bishop made a motion to approve the Executive Session minutes from M arch 2,2023. The motion was seconded by Commissioner Bernstein, and the motion carried 5-0. 23. Other business not reasonably anticipated. Commissioner Bernstein made a motion to adjourn. The motion was seconded by Commissioner Lawrence. Adjourned at 7:35 pm.