HomeMy WebLinkAboutConservation Commission Meeting Minutes 4.17.2025On 510t12025, on a motion by Commissioner Bernstein, seconded by Commissioner Tierney,
the Commission voted 7-0, to approve these minutes as written.
CONSERVATION COMMISSION MEETING MINUTES
April 17, 2025
Members Present:Ed Hoopes (Chairman), Elly Tierney, David Bernstein, Jack Frost,
Bradford Bower. Patricia Mulhearn. Pau! Huooins (Vice chair)
Absent:
Staff:Brittany DiRienzo
Start Time:5:00 pm
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Enforcement
1. Town of Yarmouth DPW,Draina o e Easement between 222 and 228 Pleasant street
and land under the Bass River , Unpermitted activity impacting a resource area-
Dewatering efforts for sewer installation led to scour and displacement of sediment in
salt marsh and land under the ocean- Bass River.
Representative: Amanda Lima, Town Engineer
Discussion: ln July 2024, while performing contracted work associated with installation of the
town sewersystem, Robert B. Our discharged dewatering water into a town drainage system.
The volume exceeded the system's capacity, leading to high velocity coming out of the outfall
pipe into bass river and displacing 40cu yds of sediment. The conditions of the enforcement
order would allow dredging and replacement of sediment to restore pre-existing conditions
underthe permit of the property owners a|228 Pleasant street and additional permissions from
the ACOE. The nearby salt marsh wil! be protected during the work, and evaluated aftenuard to
determine if additional restoration is required. The dredging and sediment replacement is to
occur by the end of Summer and Restoration in the Fall.
Commissioner Bernstein made a motion to ratify the enforcement order as written.
The motion was seconded by Commissioner Bower.
The motion carried 7-0.
Request for Certificate of Gompliance
2. SE83-2328 Stephen Bickerton, 122 Exeter Road
Representative: Kieran Healy, BSC Group lnc.
Discussion: The OOC for the construction of the home required swales to be dug and four trees
to be planted, these were not observed on site. Mr. Healy explained that there is a small swale
on a portion of the property and dry wells, which he observed capturing runoff sufficiently. Six
trees were planted; however, they were not natives as specified by the approved plan and were
of insufficient size. The commission concluded that the current conditions do not match the
approved plan. Mr. Healy asked the commission to consider issuing a partial COC for the house
so the owners could sell. The commissioners were concerned that the work might not be
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On 51OL12025, on a motion by Commissioner Bernstein, seconded by Commissioner Tierney,
the Commission voted 7-0, to approve these minutes as written.
completed after the property changes hands, and request that the new trees be planted before
considering a partial COC. The commission discussed the approved plan which requires swale
along the front and both sides of the property, but did not specify depth or width. Richard Kilroy,
an abutter attending on Zoom, commented that the swale is on his property and he is concerned
about runoff affecting the road and neighbors, and would like to see the plan implemented
correctly. The commission will require for the swale to be completed per the plan and to a depth
sufficient to capture runoff during an average rainfall, and all trees planted as originally
approved.
Commissioner Bower made a motion to continue to May 15 2025 for the work to be completed.
The motion was seconded by Commissioner Frost.
The motion carried 7-0.
Continued Notice of lntent
3. SE83-2470 BSC Group lnc. forWilliam Hearn, 104 River Street, Proposed replacement
and elevation of a seawall, fill, and tree removal within the riverfront area, coastal bank,
velocity flood zone, and the buffer zone to a coastal bank.
Representative: Kieran Healy, BSC Group lnc.
Discussion: Severa! modifications were made to the proposed plan according to the commission's
comments at the previous hearing: the anchors for the seawall will be helical anchors, the deck
canopy will be deployed seasonally in the Summer, and the pathway will be natural. Commissioner
Tierney commented that it is hard to follow where the changes were made on the revised plan by
referencing only the revision history, that more careful notation is needed on the plan view, and
that the representative be cognizant of that on his plans in the future.
Commissioner Higgins made a motion to issue an order of conditions with special conditions
including DMF comments.
The motion was seconded by Commissioner Tierney.
The motion carried 7-0.
Notice of lntent
4. SE83-2475 BSC Group, lnc. for Keith and Clare Felton, 61 Baker Road, Proposed
garage and driveway in the Buffer Zone to a Bordering Vegetated Wetland.
Representative: Kieran Healy, BSC Group lnc.
Discussion: Since submittal, the commission received a revised plan showing the trees on the
property but asked that the trees be clearly marked to indicate they will be removed. The
replacement plants proposed do not appear to be ecologically equivalent to the trees being
removed. There is also insufficient space to replace the mature trees on an inch-by-inch basis.
Chairman Hoopes clarified that when this is the case, they ask that effort be made to fill the
available area or revise the plan to decrease the proposed impact. The commission suggested
planting additional trees along the private road on the site, though Mr. Healy was concerned this
may interfere with its use as a pathway. They also discussed alternatives to the size and placement
of the proposed garage that may reduce the number of trees impacted. Mr. Healy asked for a
continuance to discuss these options with his client including modifications to the garage location
and size, and improvement of mitigation plantings.
Commissioner Bernstein made a motion to continue to May 1't 2025 for plan revisions.
The motion was seconded by Commissioner Tierney.
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On 51OL12025, on a motion by Commissioner Bernstein, seconded by Commissioner Tierney,
the Commission voted 7-O, to approve these minutes as written.
The motion carried 7-0.
5. SE83-2473 Sullivan Engineering & Consulting, lnc. for John and Carolyn McGillicuddy, 2
Powers Lane, Pro posed addition, patio, and relocation of driveway in LSCSF and the
buffer zones to coastal dune, coastal bank, and BVW.
Representative: John O'Dea, Sullivan Engineering & Consulting, lnc.
Discussion: There were no comments or questions from the commission or audience.
Commissioner Frost made a motion to issue an order of conditions with special conditions.
The motion was seconded by Commissioner Huggins.
The motion carried 7-0.
6.SE83.2474DownCapeEngineering,Inc.forC!iffordBetron,@,
Proposed extension and raising of a stone revetment and stainuay modification in the
velocity flood zone and coastal bank.
Representative: Dan Ojala, Down Cape Engineering, lnc.
Discussion: The commission discussed the condition of the existing revetment and removal of
wooden bulkhead that sticks out at the top. While the bottom of the existing revetment is steep,
it is othenrvise sound and would be a considerable expense to replace in its entirety, so the
proposal is just to expand it upward to improve coastal resilience, leaving the bottom portion in
place. Rather than salt marsh cordgrass, the CA recommended beach grass and seaside
goldenrod be planted since the plantings are located far above MHW. Mr. Ojala agreed to
provide a revised plan showing beachgrass.
Commissioner Frost made a motion to issue an order of conditions with special conditions pending
receipt of a revised plan showing the changes discussed.
The motion was seconded by Commissioner Bower.
The motion carried 7-0
Enforcement
7 . Susan and Robert Lynn, 57 Pheasant Cove Circle, Cutting and/ or removal of
vegetation within the velocity flood zone, a bordering vegetated wetland, and its buffer
zone.
Representative: Susan Lynn, homeowner
Discussion. This matter was continued for the drafting of special conditions which include
requirements for a wetland scientist to assess in July 2025 for the regrowth of any surviving
vegetation, and a restoration plan to be produced thereafter and implemented by October 2025.
The homeowner asked for clarification on the requirement to demarcate the no-disturb zone.
The demarcation does not need to be a fence, but could be boulders, posts or some other
visible boundary.
Commissioner Bernstein made a motion to ratify the enforcement order with specia! conditions as
written.
The motion was seconded by Commissioner Tierney.
The motion carried 7-0.
8. Ann Wiggins, 61 Pheasant Cove Circle, Cutting and/ or removal of vegetation within the
velocity flood zone, a bordering vegetated wetland, and its buffer zone.
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On 51Ot12025, on a motion by Commissioner Bernstein, seconded by Commissioner Tierney,
the Commission voted 7-O, to approve these minutes as written.
Representative: Bob Wiggins, homeowner
Discussion: This is the property adjacent to that above, where the same unpermitted work was
done. The draft enforcement order and conditions are identical. Mr. Wiggins, attending on Zoom
from out-of-state, clarified that no trees were removed and that he understands the conditions
for the enforcement order.
Commissioner Bower made a motion to ratify the enforcement order with special conditions as
written.
The motion was seconded by Commissioner Frost.
The motion carried 7-0.
9. Rosangela Caloiero and Mark Ayotte, 59 Ovster Cove Road, Failure to comply with
Enforcement issued January 2024.
Representative: Mark Ayotte, owner
Discussion: Commissioner Mulhearn recused herself from this hearing. The enforcement order
requires the dock, which is unpermitted under the town by-law, be removed by June 1'r, 2025.
Mr. Ayotte, attending on Zoom, asked for an additiona! two weeks to remove the dock so his
son could assist. The commission agreed to June 15,2025. The commission clarified that the
entire structure seaward of the wall, including pilings, are to be removed. Steve Miller,
Rosangela Coloiero's son, raised his hand on Zoom. The connection was poor, but he wished to
contest Mr. Ayotte's statements and the enforcement order, and confirmed his understanding of
the enforcement order conditions.
Commissioner Bernstein made a motion to ratify the enforcement order with the revised deadline
of June 15th, 2025.
The motion was seconded by Commissioner Bower.
The motion carried 6-0.
Other Business
10. Approval of Meeting Minutes: April 3'd,2025.
Discussion. Commissioner Bernstein signed a Mullins form for the April 3'd,2025 meeting.
Commissioner Bower made a motion to approve the minutes for March20,2025 as written.
The motion was seconded by Commissioner Frost.
The motion carriedT-0.
11. Discussion of proposed fee changes.
Discussion: On April 1't,2025 the Yarmouth Select Board requested all department and division
heads attend their hearing scheduled for May 6th, 2025 to discuss town-wide fee updates. The
Conservation Commission's fees were last updated in 2011. ln 2022 the commission reviewed
updates that were never implemented due to a preferred strategy of implementing fee updates
simultaneously across the department. The proposed fee updates are based on the DEP NOI
fees, inflation, comparison to other Conservation Commissions on Cape, and estimated cost of
service. Chairman Hoopes suggested changes to Category 5 fees for work on docks, piers,
revetments and similar structures. These include replacing the typo "or a flat fee" with "and a flat
fee" and lowering the freshwater dock fee from $400 to $200 as they are generally seasonal and
have less impact. There is no proposed change to Stormwater permits due to additiona! costs
associated with the peer review process and the low number submitted annually. Administrative
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On 51OL12025, on a motion by Commissaoner Bernstein, seconded by Commissioner Tierney,
the Commission voted 7-0, to approve these minutes as written.
reviews previously had no associated fee, so the proposed $25 fee is based on those of other
towns. The commission recommended increasing this to $50 due to the amount of staff labor
involved. lt was clarified that the Select Board ultimately approves the fees set by the
commission. The proposed change to extension permit fees from $75 to $150 exceeds the
inflation rate of 46%. This is intended to dissuade their use because they potentially allow a
project to outlive regulatory updates and should be considered a Iast resort. However, the
commission suggested revising this to $100 to allow for extenuating circumstances especially
delays due to other permitting requirements. The fees collected help to cover a small portion of
conservation staff salaries, and the increased revenue will help fund cost-of-living increases to
be implemented in 2026. The commission briefly discussed whether fees can be adjusted based
on the applicant's ability to pay, but projects are generally elective, and the fees are a small
percentage of the total cost.
Commissioner Bower made a motion to approve the proposed fees with the revisions for
administrative reviews, Category 5 NOls, and extension permits discussed above.
The motion was seconded by Commissioner Frost.
The motion carried 7-0.
12. Other business not reasonably anticipated.
Announcements:
. Karen Greene's last day as Director of the Department of Community Development is
April 30th, 2025.
. Vernal pool certification will continue this Spring. Ovenrvhelming evidence was found that
Tar Pond behlnd the former Mattacheese Middle School is a functional vernal pool and
certification is being sought.
. Funding for the Chase Brook Park project will be discussed at the Annual Yarmouth
Town Meeting April 29th, 2025 with requests through the Capital Budget and CPA.
Commissioner Bernstein made a motion to adjourn the meeting.
The motion was seconded by Commissioner Mulhearn.
The motion carried 7-0.
Adjourned at: 7:05pm.
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