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HomeMy WebLinkAboutConservation Commission Meeeting Minutes 1.19.2012Conservation Commission Meeting Minutes January 19, 2012 Members Present: David D. Flaherty, Jr., Chairman, Ed Hoopes, Hugh March, Tom Durkin, Phil Johnston Members Absent: Joan Carr, Gerry Duffy Staff: Kerry Muldoon, Conservation Administrator Notice of Intent: (Con 1/5/12) Allan Wang. 12 Swordfish Drive, South Yarmouth, MA Roy Okurowski, Coastal Engineering was present at the meeting and presented the green cards. He is proposing to replace a 188 foot long wooden bulkhead with a vinyl bulkhead within the same footprint. He proposed to work in sections to make sure the Resource Area is protected. The wall will fail otherwise. The work will be behind the pilings. Mr. Okurowski reread the construction protocol as stated in the Notice of Intent application. Commissioner Hoopes asked if the shed will be removed and the representative stated it might be able to stay if the workers can get by. The project has a current Chapter 91 license number (6075). Chairman Flaherty read a letter from DEP dated 1/4/2012 (File number SE83-1912), letter from Waterways/Shellfish Advisory Committee dated 1/17/2012 and the Division of Marine Fisheries dated 1/4/2012. Ms. Muldoon recommended the following conditions: all work shall be done from the upland side of the project site, all construction materials shall be stored on the upland, and erosion controls shall be used to ensure sediment does not enter the waterway. Commissioner March made a motion to approve the Order of Conditions with the following numbers 1-6, 7, 8, 9, 14, 15, 16, 18. Plans for approval are Allan Wang at 12 Swordfish Drive Plan Showing Proposed Bulkhead Repair, dated 11/30/2011 prepared by Coastal Engineering, stamped by Roy E. Okurowski. Seconded by Commissioner Durkin. All in favor. Motion passes. Approved Document: Allan Wang at 12 Swordfish Drive Plan Showing Proposed Bulkhead Repair, dated 11/30/2011 prepared by Coastal Engineering, letter from Division of Marine Fisheries dated 1/4/20112, letter from Waterways/Shellfish Advisory Committee dated 1/17/2012 2. (Con ‘1 1/5) Jeffrey Chizmas, 66A River Street, South Yarmouth, MA Bob Perry was present at the meeting. DEP issued a file number, SE83-1913. Mr. Perry informed the Commission they have made minor changes to show dewatering area and vegetation. Chairman Flaherty read the letter from DEP and stated it will need a Chapter 91 license and asked if that has been applied for yet. Mr. Perry stated it will be in the process but a water quality certification will not be required because they will disturb less than 5,000 square feet of wetlands and they are only proposing to dredge 50 cubic yards. Mr. Perry indicated siltation barriers will be placed around the work area. Ms. Muldoon stated the applicant meets the requirements within the regulations and restated the recommendations from the Waterways Committee and from the Harbor Master. The Commission has a letter from the town of Dennis that the mooring will be moved; that was discussed at the previous hearing. Robert Lavangie of 31 Turtle Cove Road informed the Commission he is a licensed boat master and stated the dock will be an improvement on the River and the Town of Dennis Harbor Master is a man of his word and he will stand by his letter. Ms. Muldoon stated she recommends following the recommendations from Division of Marine Fisheries. Roy Orlaskwi, Coastal Engineering, stated 99% of the pilings in Bass River are Greenheart certified. Chairman Flaherty stated the pilings can be made of CCA construction but the structure shall be ACQ. Commissioner Hoopes asked how large the float is and if it meets the 200 square feet limit. The float is 192 square feet and they are almost at the maximum for the float and Chairman Flaherty stated we can repeat that condition in the Order to comply with Waterways. The Commission stated if any further work is intended, the applicant would have to refile with Waterways, Commission, and Chapter 91, especially any extensions of the pier towards the channel or enlargement of the float, or other alterations to the presently approved situation and structure would be unacceptable since the area in questions is a very restricted area of the Bass River and any alterations to the structure would pose a risk to navigation. Commissioner Durkin approved a motion to approve the Order of Conditions with numbers 1-6, 9, 14, 15, 17, 19, 20, 21, dredging time of year restriction on all in-water work from January 15 to May 31 to protect spawning winter flounder and demersal eggs or unless otherwise recommended by the Division of Marine Fisheries and a copy is submitted to the Conservation Commission, float stops shall be installed on the proposed float to insure 3 feet from the bottom at low tide, project shall use pilling constructed of CCA and other structures constructed of ACQ, any further enlargements of the project will require a new filing, shellfish removed prior to dredging and piling installation, the design engineer will certify, with an as-built plan, that this project has been completed in accordance with the above Order of Conditions before the Certificate of Compliance will be issued. The approved plan is Proposed Pile Supporting Pier with Ramp and Pile Head Float With Dredging in Bass River at 66A River Street, South Yarmouth, MA, revise date 1/19/2012, prepared by Cape Cod Engineering, stamped by Robert Perry. Seconded by Commissioner March. All in favor. Motion carries. Approved Document: 1. Proposed Pile Supporting Pier with Ramp and Pile Head Float with Dredging in Bass River at 66A River Street, South Yarmouth, MA, revise date 1/19/2012, prepared by Cape Cod Engineering, stamped by Robert Perry 2. Letter from Division of Marine Fisheries dated 12/19/2011 3. Letter from Waterways Committee 1/4/2012 4. Letter from Harbor Master 1/4/2012 3. (Con’t 11/17, 12/1, 12/15. 1/5) Joseph Freehling. 21 Ridgewood Drive. Yarmouthport. MA Chairman Flaherty read a letter from Kristen Black of Natural Heritage Endangered Species program dated 1/18/2012. Ms. Muldoon stated she visited the site to determine where the 35 foot No Disturb Zone line and it proves to show within that area, there were at least 20 trees/shrubs removed and she recommended everything within the 35 feet, including float, boat, picnic table, fire pit, tote, the stairs, to return the slope to pre-disturbed conditions by submitting an approved landscape plan with the recommendations from Heritage and further recommendations from Conservation Commission. Also, a two year monitoring reports shall be included in the restoration plantings, the report will document the established of at least 75 coverage of indigenous plants within the restoration area. Three reports are required, one at the completion of the restoration area, and one at the end of the first growing seasons. The Commission reserves the right to request additional seeding or plantings to guarantee the success of the replication. The reports shall also document the presence of invasive species and recommend control methods. Chairman Flaherty stated the Commission will need a better landscape plan. Mr. Freehling stated he understood. Chairman Flaherty asked if any offsite material was brought in. Mr. Freehling stated defiantly not, he did not bring in any additional material. The ground cover plants were taken out by the roots. Chairman Flaherty asked how many trees were removed. Mr. Freehling stated there were no trees removed; the area was filled with English Ivy, rambles, thorns etc. Commissioner Durkin stated he personally counted 20 stumps that were removed from Mr. Freehling’ s property. Chairman Flaherty read a section of the Wetland Protection Act preface under the 2005 revision under general approach, page 317 regarding Buffer Zone clearing and soil disturbance into the record. Chairman Flaherty stated the area needs to be restored. The invasive species, English Ivy can be replaced with a native species ground over and stated at least Phase I should be done no later than March or April with one monitoring report at the finish of the first and consecutive phases. Chairman Flaherty stated the area needs to be restored as close as it can and a better delineation of a work limit line. Ms. Muldoon stated the stairs need a building permit as well. Ms. Muldoon stated the Commission cannot issue a wetland permit until NHESP responds with a letter to the proponent, copies to the Commission, the letter may either declare the project will do no harm, set conditions (such as time of year for all the work), or rule that the proposed work will “take” a rare species . Ms. Muldoon also stated the float needs to be removed and the Commission agreed the float needs to be placed in the driveway. The stairs are within the 35 foot Buffer. Commissioner Hopes asked if the pilings for the stairs were on the ground or put in the ground, Mr. Freehling stated they were put in the ground. Chairman Flaherty stated there are a lot of unresolved issues regarding the property and the Commission needs to see more compliance. Commissioner Hoopes stated the Commission hasn’t approved the stairs or the location of the stairs yet, and then the applicant can go the Building department. Chairman Flaherty asked why the fieldstone buttress wall was being proposed if there was no erosion problem onsite and the plantings will do the same thing. Commissioner Johnston stated the area needs to be returned back to the original state. Mr. Peter Smith, abutter to Mr. Freehling, stated there are springs located in the pond that abuts his property and it is a critical part of the preservation of Perch Pond. He also stated the plantings shall be the same size of the trees that were removed. Chairman Flaherty read the letter from Jeffery and Cynthia Smith dated 1/9/2012. The Commission viewed a pictures of the tree canopy taken from Google Earth dated 2011 and Commissioner Hoopes stated there was a solid green buffer around the pond and that is not what is there now. Commissioner Hoopes asked if there was a cut into the slope and where did the sand from the hill go, He asked if the sand was thrown down on the beach. Chairman Flaherty stated the area needs to be restored and have the requirements from NHESP, and 20 trees to be replaced as close to the previous ring size, no saplings. Judy Smith, abutter to the property stated a local tree company removed the trees from the site and will they be penalized. Chairman Flaherty stated it is the homeowner’s responsibility to acquire the correct permit. Commissioner Durkin stated Enforcement is onto the property owner, enforcement is punished by a fine of not less than $100 or more than $300 for each violation and, in addition, not less than $300 for each subsequent violation. Commissioner Hoopes stated the fees on the federal law are at least tens of thousands of dollars. Chairman Flaherty stated to keep the existing stairway outside the 50 foot buffer, eliminate the first section, than put in landscape ties with appropriate intervals with an appropriate landing then to regrade to eliminate the wall and allow for replanting. The Commission viewed a photographed of the float and a wood pile. Commissioner Hoopes asked if the wood pile was from the trees that were cut down. Mr. Freehling stated no. Chairman Flaherty and Commissioner Hoopes had concerns with the float. Mr. Smith stated the pond is about 16 feet deep in the middle. Commissioner Hoopes stated a float is supposed to float, not act as a dock and there needs to be enough water at the bottom of the float and the bottom of the pond at all times, given the size of the Pond. Mr. Peter Smith, abutter to the property stated he is concerned with the Conservation of Perch Pond. He stated it is a major intrusion to have such a large float on the Pond. Chairman Flaherty stated the bank needs to be restored as stated per NHESP, the plantings performed to NHESP and Con/Com approval, the plantings done no later than March or April or whatever or recommended by NHESP, the species approved by NHESP. Chairman Flaherty stated the wall and the stairs does not have to be there in his opinion, the problem can be resolved with regrading and planting. A pathway can be done to the pond without a structure. The Commission stated all requested information shall be sent to Natural Heritage as soon as possible and to use the suggestion of Natural Heritage. The Commission will need to see a work limit line, buffer zone line (35, 50, 100 buffer zone line), a revised plan showing two separate windows showing current as-built and proposed conditions as recommended by the Commission and NHESP, alternative to the stone wall, i.e. regrade and replant, invasive species control included in the plan (English Ivy to be replanted with native species). Commissioner Hoopes asked for all items in the 35 foot buffer be removed (float, boat, picnic table, fire pit, tote,) shall be removed by Monday January 23, 2012 at the end of the working day, as well as the float to be removed to the top of the driveway by January 26, 2012. Commissioner March made a motion to continue the hearing until February 2, 2012. Seconded by Commissioner Durkin. All in favor. Motion passes. Updates to the Commission: 1. Proposed Landscape Guidelines: The Commission briefly discussed the idea to create guidelines for landscape maintenance. This topic was continued to the next regularly scheduled meeting. 2. Proposed Eagle Scout Project: The Commission was informed about an Eagle Scout project that will involve a partnership with the Division of Natural Resources. The proposed work will be at Crab Creek. The Commission was very excited to hear about the project and recommend the applicant to file a Request for Determination for the project. 3. Ancient Cemetery: The Commission was updated to the most recent activity. Boulders have been placed, debris piles have been removed, and no dumping signs were installed. 4. Violation Letters: The Commission was informed of violation letters that were recently sent to homeowners regarding wetland violations. Commissioner March made a motion to adjourn the meeting. Seconded by Commissioner Durkin. All in favor. Motion passes.