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HomeMy WebLinkAboutConCom Minutes 2.04.2021CONSERVATION COMMISSION MEETING MINUTES February 4, 2021 Members Present: Ed Hoopes (Chairman), Tom Durkin (Vice Chairman), Patricia Mulhearn, David Bernstein, Rick Bishop, Ellie Lawrence, and Paul Huggins.  Member(s) Absent:    Staff:  Kelly Grant  Start Time: 5:00pm  Kelly Grant moderated the meeting reading the following into the minutes: The February 4, 2021 meeting of the Yarmouth Conservation Commission is about to be convened. As a precautionary measure to reduce the spread of coronavirus, all Town buildings are closed to the public; therefore, this meeting will be held by remote participation. My name is Kelly Grant, and I will be moderating participation for this meeting. I will now turn it over to the hair of the meeting: Chairman Ed Hoopes opened the meeting, taking a roll call for quorum. The following members confirmed their presence: Ed Hoopes, Tom Durkin, Ellie Lawrence, Rick Bishop, Paul Huggins, Patricia Mulhearn, and David Bernstein Kelly Grant provided the following instructions for the meeting: Pursuant to Governor Baker’s March 12, 2020, Order Suspending Certain Provisions of the Open Meeting Law, G.L. c. 30A, §18, and the Governor’s March 23, 2020, Order imposing strict limitations on the number of people that may gather in one place, this meeting of the Yarmouth Conservation Commission is being conducted via remote participation. No in-person attendance will be permitted, but every effort will be made to ensure that the public can adequately access and participate in the proceedings as provided for in the Order. Persons who would like to view this meeting while in progress may do so by watching via this virtual meeting. You may also listen to the meeting by dialing in to the number provided on the Notice of Meeting. We will also post a recording of this meeting on the Town of Yarmouth website as soon as we are able. Please be patient as we work to overcome any technological challenges with the virtual meeting. To reduce confusion during the meeting, all participants of the virtual meeting are muted by the moderator. As participants are called upon to speak they will be unmuted. Applicants can use the “Raise Hand” button or press *9 on their phone to identify themselves to the chair. The meeting host will then un-mute applicants when they are called upon to speak. During the portion of the hearing designated for public comment, the Chair or moderator will ask who in the audience has any public comments or questions. Members of the public attending this meeting virtually will be able to make comments using the “Raise Hand” button within the virtual meeting. If you are dialed in to the phone number provided, you can press *9 on your phone to indicate that you would like to comment. Please wait for the chairman to recognize you before speaking. As an alternative to making comments via the online audio or phone, you may also submit comments to the moderator via the virtual meeting “chat” function. To do this click on the “chat” icon and type your message. When prompted, the moderator will read comments and questions into the record. Members of the public who wish to provide comment are asked to identify themselves by first and last name and affiliation for the public record and then provide their comment. If you wish to speak during a hearing please consider the following guidelines: Do not use speakerphone Do not use Bluetooth devices Mute all background noises Clearly state your name each and every time prior to speaking Prior to concluding opportunities for discussion, comment, or question, the Chair will ask: “At this time I did not hear any requests for additional comment, if you wish to speak, please indicate now and I will ask this final time if there is anyone who wishes to speak on the matter at hand.” All votes must be roll call votes. After a motion is made and there is a second, the Chair will ask the moderator to take the roll call vote. The moderator will report the roll call vote. All motions, decisions, documents, and letters will be verbally read into the record. If it appears the meeting cannot or should not proceed, then the moderator will recommend that the Chair request to continue the hearing to a later date and time and/or until public meetings can resume normally. I will now hand the meeting back to the Chair. AGENDA ITEMS: Request for Determination of Applicability: Town of Yarmouth, 220 South Street, Yarmouth MA, Proposed pier replacement in existing footprint within Bass River. Doug Cameron presenting. Commissioner Bishop requested the consideration of an alternative pile material to greenheart, recommending CCA treated Southern Yellow Pine piles. Commissioner Bishop also brought up the possibility of steel piles, but the whole structure is nearing the end of its useful life, and the consideration to move to steel piles would be better considered during the total remodeling. The CA clarified that Town of Yarmouth regulations prohibit the use of CCA treated piles, and do not prohibit the use of greenheart, as previously suggested by Commissioner Bishop. Commissioner Durkin made a motion for a Negative 2 with substitution of CCA treated Southern Yellow Pine for Greenheart. The motion was seconded by Commissioner Bernstein. Roll Call: Hoopes, Durkin, Huggins, Mulhearn, Bernstein, Bishop, and Lawrence The motion carried unanimously 7-0 Continued Notice of Intent: Cont. from 10/1/2020, 11/5/2020 SE83-2250 Anthony Feola, 1 Malfa Road, Yarmouth, MA proposed construction of coir log erosion control on eroding bank, sand nourishment and plantings and a coastal bank and LSCSF. The applicant requested a continuance until April 1st. Commissioner Lawrence made a motion to continue to April 1st. The motion was seconded by Commissioner Durkin. Roll Call: Hoopes, Durkin, Huggins, Mulhearn, Bernstein, Bishop, and Lawrence The motion carried unanimously 7-0 Notice of Intent: Channel Point, LLC, 2 Channel Point Drive, Yarmouth MA, proposed regrading and stabilization of eroding coastal bank on Sweetheart Creek. Paul Mancuso and Kieran Healy presenting. Commissioner Hoopes was concerned with the idea of a three to one slope being stable enough to not erode into the saltmarsh, but Mr. Healy explained that the vertical scale on the plan was elongated to better show the fine details of the plan. Commissioner Lawrence made a motion to continue to February 18th. The motion was seconded by Commissioner Huggins. Roll Call: Hoopes, Durkin, Huggins, Mulhearn, Bernstein, Bishop, and Lawrence The motion carried unanimously 7-0 SE83-2267, Chris George, Waters outside the mouth of Lone Tree Creek in Cape Cod Bay, proposed three-acre aquaculture farm within land under ocean and land containing shellfish. Cristopher George presenting. Commissioner Bernstein made a motion to continue to February 18th. The motion was seconded by Commissioner Durkin. Roll Call: Hoopes, Durkin, Huggins, Mulhearn, Bernstein, Bishop, and Lawrence The motion carried unanimously 7-0 Enforcement Order: Mark C. and Darlene A. Stoever, 172 Blue Rock Road, Yarmouth, MA, unpermitted vegetation removal on a coastal bank. Commissioner Huggins made a motion to approve the enforcement plan as written. The motion was seconded by Commissioner Lawrence. Roll Call: Hoopes, Durkin, Huggins, Mulhearn, Bernstein, Bishop, and Lawrence The motion carried unanimously 7-0 Certificate of Compliance: SE83-694, 31 Bayberry Road, Yarmouth, MA Commissioner Lawrence made a motion to issue the Certificate of Compliance after the removal of landscape debris left within the Vegetated Buffer. The motion was seconded by Commissioner Mulhearn. Roll Call: Hoopes, Durkin, Huggins, Mulhearn, Bernstein, Bishop, and Lawrence The motion carried unanimously 7-0 Other Business: Discussion on revised Town of Yarmouth Stormwater regulations Tabled Indefinitely. Approval of Minutes of January 21, 2021 Meeting Commissioner Durkin made a motion to accept the minutes as written. Commissioner Bernstein seconded the motion Roll Call: Hoopes, Durkin, Mulhearn, Bernstein, Bishop, The motion carried unanimously 5-0 2 recused Other business not reasonably anticipated CZM factsheet to be provided to commissioners, MACC conference is coming up in April, update was provided on the Yankee Village restoration project, copy of letter on water quality to be provided to Mr. Wolfe. Commissioner Lawrence made a motion to adjourn at 6.18pm. The motion was seconded by Commissioner Bishop. The motion carried unanimously.