HomeMy WebLinkAboutConservation Commission Meeting Minutes 6.5.2025On7lL7l2O25, on a motion by Commissioner Mulhearn, seconded by Commissioner Huggins,
the Commission voted 5-0, to approve these minutes as written.
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CONSERVATION COMMISSION MEETING MINUTES
June 5,2025
Members Present: Ed Hoopes (Chairman), David Bernstein (Zoom), Jack Frost, Bradford
Bower, Patricia Mulhearn, Paul Huggins (Vice chair)
Absent: Elly Tierney
Staff Brittany DiRienzo
Start Time:5:00 pm
Proi ect Update
1. Julie Busa, Fuss and O'Neill for Cape Cod Hospital and Cape Cod Conservation District,
update on the Bayview Bog Restoration project.
Representative: Mark Forest, Cape Cod Conservation District and Julie Busa, Fuss and O'Neill.
Discussion: The project currently has funding through the MA Division of Ecological Restoration
for pre-construction invasive species management. The plan includes six rounds of treatment,
with additional management during and after the construction phase of the project. A turtle survey
is undenruay this June to determine the presence of box turtles. An Ecological Restoration NOI is
being prepared for the bog restoration. Ongoing outreach will continue with a neighborhood open
house scheduled for June 21, 2025 and updates coming to the project website at
www.bayvi ewboqs.com.
Continued Notice of lntent
2.SE83.2485WetTechLandDesignforAleksandrNemanov,@.Proposed
dock in LSCSF, coastal bank, salt marsh, land containing shellfish, and land under the
ocean.
Representative: Attorney Brian Wall, Troy Wall Associates; Wayne Tavares, Wet Tech Land
Design; and Brad Holmes, Environmental Consulting & Restoration.
Discussion: Attorney Wall contends that the dock is replacing a pre-existing dock, and the
proposed length was reduced greatly from the previous filing to better conform with regulations.
Mr. Tavares explained that the shellfish survey found shellfish past the proposed end of the dock,
so he does not expect any disturbance. The land containing shellfish was not labeled on the plan
provided, and Mr. Holmes explained that the habitat begins at MHW and goes seaward. The
proposed dock is tonger than the dock that had historically been present. The cross-sectional plan
shows 2T inches of water depth at the dock end at MLW and the regulation requires 36 inches.
The commission asked if the dock would lmpede access to the area seeded by the town for
recreational shell-fishing. The commission explained that shell-fishing would not be allowed within
five feet, due to DNR regulations, and a boat's prop in such shallow water would likely affect the
bottom. They also pointed out that Watenrvays discussed their concerns and passed the matter to
Conservation without recommending or not recommending the project. Mr. Holmes argued that
the effect would be negligible. The CA, reading directly from the minutes of the recent Waterways
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On7lt712025, on a motion by Commissioner Mulhearn, seconded by Commissioner Huggins,
the Commission voted 5-0, to approve these minutes as written.
hearing, explained that the shellfish constable was not present, but staff read her letter reiterating
DMF concerns about water depth and potential for permanent impacts of boat propellers on
shellfish habitat. Mr. Holmes clarified that these DMF comments were in reference to the previous
dock plan which was significantly longer. However, DMF comments in response to the most recent
filing still mention concerns for shellfish and recommends time-of-year restriction for water-based
activities. The board discussed the details of the by-law 3.01(21) which allows reconstruction of a
permitted dock provided it meets the current regulations to the greatest extent practicable, at the
discretion of the commission. Attorney Wall argued that the dock falls under "existing permitted
structure" in the parenthetical of 3.01(22) as construction pre-dates the regulations. Rick Bishop
from the audience argued that the depth requirement is among the most important of the relevant
regulations and prop dredging could have a significant impact to the waterway.
Commissioner Huggins made a motion to approve the project with special conditions.
The motion was seconded by Commissioner Bower.
The motion failed to carry, 1-5.
Chairman Hoopes left the meeting at 6:07pm
Vice Chair Huggins led the remainder of the meeting as Chair.
Request for Certificate of Gompliance
3. SE83-1165 Yarmouth Shores Condo Assoc., 29 Lewis Bav Blvd.
Representative: Dan Ojala, Down Cape Engineering
Discussion: Commissioner Bernstein recused himself from this discussion. The order required
10' of buffer plantings at the top of the wall which don't exist along the length of the wall. A new
NOI for reconstruction of the wall is in has been submitted with 10' of buffer planting proposed
where they don't exist. The CA showed a patio in front of unit 6 which extends toward the top of
the revetment making a 1O-foot buffer impossible in this area. She notes that this patio as
installed without permitting around 2011, and recommended removal of the portion of the patio
that extends beyond the edge of the house (as originally permitted) as a requirement prior to
issuance of this COC and moving fonrvard with the new NOl. Mr. Ojala requested additional time
to review options with his clients.
Commissioner Bower made a motion to continue to July 3, 2025, for discussion of options with
clients.
The motion was seconded by Commissioner Frost.
The motion carried 4-0.
Continued Request for Certificate of Compliance
4. SE83-2161 Paul Butler,164 Driftwood Lane
Representative: BSC Group, lnc.
Discussion: The erosion issue previously observed has been remedied. Native seed mix has
begun germinating.
Commissioner Bernstein made a motion to issue a COC.
The motion was seconded by Commissioner Bower.
The motion carried 5-0.
Continued Notice of lntent
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On7lt7l2O25, on a motion by Commissioner Mulhearn, seconded by Commissioner Huggins,
the Commission voted 5-0, to approve these minutes as written.
5. SE83-2477 Horsley Witten Group for TOY 220 South Street (Smugqlers Beach. South
Middle Beach,and Judan way).Proposed beach management including maintenance,
raking, and sand fencing on a coasta! beach and LSCSF.Representative:
Discussion: Continuance requested by the applicant to July 3,2025.
Commissioner Bower made a motion to continue until July 3,2025.
The motion was seconded by Commissioner Mulhearn.
The motion carried 5-0.
6. SE83-2479 CraMord Land Management for Will Rubinstein, Elisha's Pond. Proposed
treatment of invasive hydrilla through chemica! and physical means in a great pond.
Continuance requested by applicant.
Discussion: Continuance requested by applicant
Commissioner Frost made a motion to continue until July 3,2025.
The motion was seconded by Commissioner Bower.
The motion carried 5-0.
Notice of lntent
7. SE83-2483 J.M. O'Reilly & Associates, Inc. for Dennis and Darcie MacDonald, 25
Sagamore Rd. Pro posed taze and replace of a dwelling in LSCSF, + after the fact filing
for tree remova!
Representative: Bob Reedy, J.M. O'Reilly & Associates, lnc.
Discussion: 6-8 trees were removed in preparation for the raze and replace, but prior to filing any
application. No fill is proposed. The CA suggested adding dry wells to manage runoff from the
roof. The plans do not note the size of the trees that were removed, and the commission prefers
them to be replaced with the same species. The CA further suggested that the hollies proposed
are acceptable to replace the pitch pines, but the oaks should be replaced in kind. Commissioner
Bower asked for clarification on the flood zone designation. Mr. Reedy explained that the entire
lot is within FEMA flood zone AE elevation 1 1', but portions of the lot are higher than 1 1'. FEMA
would have to approve these observations in order to change the flood zone map. Therefore,
approval of the projectwill not be approving the flood zone shown on the plan. The owner, Dennis
MacDonald discussed the planting requirements suggested, which include increasing the number
of trees to eight, or a mix of trees and shrubs (at 4:1 shrub to tree), with a minimum of four oaks
at least 2" caliper. Mr Reedy agreed to the discussed revisions.
Commissioner Bower made a motion to issue an order of conditions with specia! conditions not
approving the flood zone line and pending a revised plan showing additional trees and dry wells.
The motion was seconded by Commissioner Frost.
The motion carried 5-0.
8. SE83-2484 BSC Group, Inc. for Mark and Julie Haley, 2 Andrina Rd. Proposed raze and
replace of a dwelling in the buffer zone to a coastal bank.
Representative: Kieran Healy, BSC Group, lnc.
Discussion: The CA asked if it would be possible to relocate the addition by a few feet to preserve
one of the trees proposed for removal. Mr. Healy explained that they want to maintain the existing
footprint for ZBA, othenruise additional permitting would be needed. The CA then suggested
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On7lll12025, on a motion by Commissioner Mulhearn, seconded by Commissioner Huggins,
the Commission voted 5-0, to approve these minutes as written.
replacing some of the proposed river birch with oaks since a large canopy oak is being removed.
Commissioner Bower supported the suggestion.
Commissioner Bower made a motion to issue an order of conditions with specia! conditions
pending plan revisions replacing a river birch with a native oak of at Ieast 2" caliper.
The motion was seconded by Commissioner Mulhearn.
The motion carried 5-0.
9. SE83-2481 Schofield Brothers of Cape Cod for Henry and Nicholas Kasdon, 1129 Great
lsland Rd. Proposed new dwelling and guest house in the buffer zones to a coastal bank
and BVW, with stairs to a coastal beach in the velocity flood zone and coastal bank.
Representative: Laura Schofield, Schofield Brothers of Cape Cod
Discussion: CA and representative have been in contact for additional details needed for the plan,
including more information on the BVW forms, elevations materials, and profile for the stairs,
MHW, and impacts to coastal beach/banl</dune on WPA form 9. Ms. Schofield intends on making
plan revisions pending any NHESP comments.
Commissioner Bower made a motion to continue until July 3, 2025 for NHESP comment and
additional details as discussed.
The motion was seconded by Commissioner Frost.
The motion carried 5-0.
10.SE83.2486HamlynConsu|tingforChristosKounadis,@.Proposed
additions, garage, pool, rinse station, deck expansion and septic upgrade within the
riverfront area, LSCSF, and buffer zone to a bordering vegetated wetland.
Representative: Lynne Hamlyn, Hamlyn Consulting and Kieran Healy, BSC Group, Inc.
Discussion: The commission noted that the site was not fully staked during their visit but opted to
continue with the hearing. A path initially proposed through the buffer wil! instead be planted. CA
noted that no irrigation or fertilization is allowed within the riverfront area, and that no topping or
vista pruning is allowed. The proposed fence will be relocated to the Iandward edge of the
mitigation area. The CA summarized an abutter letter which expressed concern for her view and
a great horned owl nesting in the cedars on the property. The issue of the view is not within the
purview of the commission, and the tree with the nest will not be removed. Mr. Healy asked if it
would be possible to approve the project to avoid changes to the building code which go into effect
on July 1, 2025, and would require raising the elevation of the house with this project. The
commission discussed whether they were willing to approve with so many pending revisions.
Nikoletta Kounadis, one of the owners, expresses their willingness to cooperate with any of the
CA's recommendations if they vote to approve tonight. The CA stated that complying with the
newest building code would be to their advantage for flood protection.
Commissioner Frost made a motion to issue an order of conditions including specia! conditions
pending a revised plan as discussed-including relocating the fence, addition of more replacement
trees, and plan clarifications as discussed.
The motion was seconded by Commissioner Mulhearn.
The motion carried 3-2.
Other Business
1 1. Approval of Meeting Minutes: May 15, 2025.
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On7lt7l2O25, on a motion by Commissioner Mulhearn, seconded by Commissioner Huggins,
the Commission voted 6-0, to approve these minutes as written.
Commissioner Bower made a motion to approve the minutes for May 15,2025, as written.
The motion was seconded by Commissioner Frost.
The motion carried 5-0.
1 2. T erm Reappointments
Discussion: Appointments for Chairman Hoopes and Commissioner Tierney expire on June 30,
2025, and both have expressed interest in reappointment.
Commissioner Mulhearn made a motion to recommend the Select Board reappoint both Mr.
Hoopes and Ms. Tierney for another 3-year term each.
The motion was seconded by Commissioner Bower.
The motion carried 5-0.
13. Fee Updates- Effective June 20, 2025.
14.Ways to Water 2nd public meeting June 10, 2025 at 6pm.
Other business not reasonably anticipated
Commissioner Bower made a motion to adjourn the meeting.
The motion was seconded by Commissioner Frost.
The motion carried 5-0.
Adjourned at: 7:29pm.
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