HomeMy WebLinkAboutConservation Commission Minutes 02.28.202103082021132911on 3l4l2o2L, on a motion by Commissioner Durkin, seconded by commissioner Bernstein, the Commission
voted unanimously, 5:0:1 (abstain), to approve these minutes as amended.
CONSERVATION COMMISSION MEETING MINUTES
Members Present:
February 18,2021
Ed Hoopes (Chairman), Tom Durkin (Vice Chairman), Patricia
Mulhearn, David Bernstein, Rick Bishop, and Paul Huggins.
Member(s) Absent: Ellie Lawrence
Staff:
Start Time:5:00pm
Kelly Grant moderated the meeting reading the following into the minutes
The February 18,2021 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 Chair 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, Rick Bishop, Paul Huggins, Patricia Mulhearn, and David
Bernstein.
Ellie Lawrence was absent.
Kelly Grant provided the following instructions for the meeting:
Pursuant to Governor Baker's March 12, 2020, Order Suspending Certain Provisions of
the Open lMeeting Law, 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 or the live feed on the Town of Yarmouth YouTube
Channel. You may also listen to the meeting by dialing in to the number provided on the
Kelly Grant
a
On 3l4l2g2l, on a motion by Commissioner Durkin, seconded by Commissioner Bernstein, the Commission
voted unanimously, 5:O:1 (abstain), to approve these minutes as amended,
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.
lf you are dialed in to the phone number provided, you can press *g on your phone to
indicate that you would like to comment. Please wait for the chairman to recognize you
before speaking. 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. Prior to concluding opportunities for discussion, comment, or
question, the Chair will ask a final time if anyone wishes to speak on the matter.
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 moderatorwill report the roll call
vote.
All motions, decisions, documents, and letters will be verbally read into the record.
lf 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.
1. SE83-2268 John H. and lrilisti J. Severini,31 Parkwood Road Yarmouth, [vlA, Replacement
le 5 compliant septic systemof existing house with new flood compliant dwelling and ne w Tit
within land subject to coastal storm flowage
Presenting: Dan Ojala, Down Cape Engineering.
Commissioner Bishop made a motion to issue an Order of Conditions with special
conditions. The motion was seconded by Commissioner Bernstein.
Roll Call: Hoopes, Durkin, Huggins, Mulhearn, Bernstein, and Bishop.
The motion carried unanimously 6-0
AGENDA ITEMS:
Notice of lntent:
On 3/4lZOZL, on a motion by Commissioner Ourkin, seconded by Commissioner Bernstein, the Commission
voted unanimously, 5:0:l (abstain), to approve these minutes as amended.
Commissioner Hoopes commented that Commissioner Huggins has confirmed he watch the
video for the following two hearings from the January 21,2021 meeting and submitted the
affidavit to that effect.
2. Cont. from 1.21.2021 SE83-2263 Paul M. and Jody L. Steel,66 Grandview Drive
Yarmouth, MA, Proposed bulkhead replacement with rock revetment and proposed dock
with boat lift within riverfront area, and coastal wetland resource areas.
Presenting: Mark Burgess, Shorefront Consulting.
Commissioner Hoopes disagreed that a sloped revetment is an infeasible alternative just
because the property owner did not want to give up lawn area. He indicated a bulkhead
may be acceptable if the buffer vegetation was extended to a width of 10 feet with increased
plant diversity and height. Mr. Burgess asked to continue the hearing to speak with his
client.
Commissioner Bishop made a motion to continue the hearing to the March 4th meeting. The
motion was seconded by Commissioner Durkin.
Roll Call: Hoopes, Durkin, Huggins, Mulhearn, Bernstein, and Bishop.
The motion carried unanimously 6-0
3. Cont. from 1 .21.2021 SE83-2266 Mark C. and Darlene A. Stoever,172 Blue Rock Road
Yarmouth, MA, Proposed reconstruction of existing dock, bulkhead, and access stairs within
riverfront area and coastal wetland resource areas.
Presenting: Mark Burgess, Shorefront Consulting.
The CA asked whether coir logs at the northern end of the bulkhead would be appropriate.
Commissioner Bishops asked that the existing debris be removed from the beach area.
Commissioner Bernstein made a motion to continue the hearing to the March 4th meeting to
allow for plan updates. The motion was seconded by Commissioner Bishop.
Roll Call: Hoopes, Durkin, Huggins, Mulhearn, Bernstein, and Bishop.
The motion carried unanimously 6-0
4. Cont. from 2.4.2021 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.
Commissioner Mulhearn made a motion to continue to the March 4,2021 meeting to wait for
NHESP comments. The motion was seconded by Commissioner Huggins.
Roll Call: Hoopes, Durkin, Huggins, Mulhearn, Bernstein, and Bishop.
The motion carried unanimously 6-0
5. Cont. from 2.4.2021 Channel Point, LLC,2 Channel Point Drive Yarmouth lvlA, proposed
regrading and stabilization of eroding coastal bank on Sweetheart Creek
Presenting: Paul Mancuso, BSC Group.
Continued Notice of lntent:
On 314/2021, on a motion by Commissioner Durkin, seconded by Commissioner Bernstein, the Commission
voted unanimously,5:0:1 (abstain), to approve these minutes as amended,
The CA asked for the reference to coastal salt lolerant grass mix to be added to the plan. A
multi-year monitoring report was recommended at the end of the growing season and in the
fall to check for erosion and plant groMh. Additional plants to be added if needed. lnvasive
treatment to be included in the Order to allow vegetation to be successfully managed.
Commissioner Bishop made a motion to issue an Order of Conditions approving the project
upon receipt of an updated plan. The motion was seconded by Commissioner Bernstein.
Roll Call: Hoopes, Durkin, Huggins, Mulhearn, Bernstein, and Bishop.
The motion carried unanimously 6-0
Enforcement Order:
6. Green Harbor Resort,182 Baxter Ave , Yarmouth, IvlA
Commissioner Durkin made a motion to continue to the March 4,2021 meeting to allow the
consultant to attend. The motion was seconded by Commissioner Huggins. Commissioner
Bishop recused himself.
Roll Call: Hoopes, Durkin, Huggins, Mulhearn, Bernstein.
The motion carried unanimously 5-0 (1 recused)
7. Crowell Beach Association,End of Crowell Rd , Yarmouth , MA
Presenting: Carl Valeri, President of the Crowell Beach Association
The CA described the violation which involved the installation of sand bags along the creek
to direct the channel. The sand bags have since been removed by Mr. Valeri. An
Enforcement Order (EO) was issued and a $300 citation for the violation of the bylaw. The
CA asked the Commission to ratify the EO. Mr. Valeri commented that the Association
would be looking for a more permanent solution to the problem in the future.
Commissioner Bernstein made a motion to ratify the Enforcement Order. The motion was
seconded by Commissioner Huggins.
Roll Call: Hoopes, Durkin, Huggins, Mulhearn, Bernstein, and Bishop.
The motion carried unanimously 6-0
Commissioner Bernstein made a motion to issue Certificates of Compliance for
sE83-1418,45 Crosby Street Ext, Yarmouth
sE83-575,Sailinq Villaqe Way, Yarmouth ,MA
SE83-1,t46,Sailinq Villaqe Wav , Yarmouth, MA
sE83-1663,Sailinq Villa qe Wav , Yarmouth, MA
SE83-1805, 1 1 5 Route 28, Yarmouth, Irr'lA
The motion was seconded by Commissioner Durkin
Roll Call: Hoopes, Durkin, Huggins, Mulhearn, Bernstein, and Bishop
The motion carried unanimously 6-0
Certificate of Compliance
On 314/2021, on a motion by Commissioner Durkin, seconded by Commissioner Bernstein, the Commission
vot€d unanimously, 5:0:1 (abstain), to approve these minutes as amended.
Presenting: Attorney Marisa Gregg and Linda Fargo Van Liere
Requested a full Certificate of Compliance for the closing of the property sale. The CA
commented that there is significant outstanding work and recommended a Partial certificate of
compliance be issued.
Commissioner Durkin made a motion to issue a partial Certificate of Compliance
The motion was seconded by Commissioner Bishop.
Roll Call: Hoopes, Durkin, Huggins, Mulhearn, Bernstein, and Bishop.
The motion carried unanimously 6-0
Other Business:
8. lnitial comments on proposed MassDOT Route 28 lmprovements - Barnstable to Parkers
River
As little detail was provided, the Commission had no comments other than encouraging the
project to be tied to the sewer project.
9. Approval of Minutes of February 4,2021 Meeting
Commissioner Durkin made a motion to approve the minutes as written. The motion was
seconded by Commissioner Bishop.
Roll Call: Hoopes, Durkin, Huggins, Mulhearn, Bernstein, and Bishop.
The motion carried unanimously 6-0
Election of Conservation Commission positions
commissioner Bishop made a motion to reappoint commissioner Lawrence as secretary. The
motion was seconded by Commissioner Durkin.
Roll Call: Hoopes, Durkin, Huggins, Mulhearn, Bernstein, and Bishop.
The motion carried unanimously 6-0
commissioner Bernstein made a motion to reappoint commissioner Durkin as vice-chair. The
motion was seconded by Commissioner Huggins.
Roll Call: Hoopes, Durkin, Huggins, Mulhearn, Bernstein, and Bishop.
The motion carried unanimously 6-0
commissioner [vulhearn made a motion to reappoint commissioner Hoopes as chair. The
motion was seconded by Commissioner Bernstein.
Roll Call: Hoopes, Durkin, Huggins, Mulhearn, Bernstein, and Bishop.
The motion carried unanimously 6-0
Other business not reasonably anticipated
The cA provided an update on the bank erosion issues at the parker's River Restoration
project.
SE83-2223,4 Marsh Point, Yarmouth, lt4A
on 3l4l2o2l, on a motion by Commissioner Durkin, seconded by commissioner Bernstein, the commission
voted unanimously, S:0:1 (abstain), to approve these minutes as amended,
Commissioner Durkin commented that the lawsuit by the Conservation Law Foundation against
the Town of Barnstable regarding waste water is a warning to other towns. Commissioner
Bishop commented that towns need to show they are making progress.
Commissioner Durkin suggest a letter of appreciation be send to lntern Robert Mulhearn for his
hard work in the Conservation Office over recenl monlhs.
Commissioner Huggins made a motion to adjourn at 6.52pm.
The motion was seconded by Commissioner Bishop.
Roll Call: Hoopes, Durkin, Huggins, Mulhearn, Bernstein, and Bishop
The motion carried unanimously 6-0