HomeMy WebLinkAboutConservation Commission Meeting Minutes 3.6.2025On 312O12025, on a motion by Commissioner Bernstein, seconded by Commissioner Bower,
the Commission voted 5-0, to approve these minutes as written.
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Jfr,BH ffifiE r. ft CONSERVATION COMMISSION MEETING MINUTES
March 6,2025
Members Present: Ed Hoopes (Chairman), David Bernstein, Bradford Bower, Patricia
Mulhearn, Paul Huggins (Vice chair)
Absent: Jack Frost
Staff:Brittany DiRienzo
Start Time:5:00 pm
Chairman Hoopes postponed the first item on the agenda because the representative was not in
attendance
Continued Notice of lntent
1. SE83-2464 Woods Hole Group, !nc. for Great lsland Homeowners Association, @A!
lsland Road, Proposed fiber roll array and nourishment over 3,400 linear feet of Coastal
Dune, Barrier Beaches, Coastal Beach, and LSCSF. Continuance requested to Atlay 1,
2025.
Discussion: The representative has requested a continuance.
Representative: Joshua Wrigley
Commissioner Bernstein made a motion to continue to May 1 ,2025.
The motion was seconded by Commissioner Mulhearn.
The motion carried 5-0.
2.SE83.2462DownCapeEngineering,lnc.forWinKyaW,@,Proposed
fixed dinghy pier with steps in land under the ocean, coastal beach, coastal bank,
riverfront area, LSCSF, and land containing shellfish.
Representative: Dan Ojala
Discussion. At the commission's request the stairs to the water were moved landward of MLW to
prevent them from becoming storm debris and 5' of clearance is provided at MHW as required by
regulation. The commission discussed the clearance and Mr. Ojala confirmed thatthere is enough
space for someone to walk above MHW and have 5' of clearance.
Commissioner Bower made a motion to issue an OOC with special conditions.
The motion was seconded by Commissioner Bernstein.
The motion carried 5-0.
Request for Determination of Applicabilitv
3. Down Cape Engineering for Thomas Baker 10 Mackenzie Road Proposed addition and
garage over existing driveway in Land Subject to Coastal Storm Flowage
Representative: Dan Ojala
Discussion: There were no questions or comments from the board or audience.
Commissioner Bernstein made a motion to issue a negative 2 determination.
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On312012025, on a motion by Commissioner Bernstein, seconded by Commissioner Bower,
the Commission voted 5-0, to approve these minutes as written.
The motion was seconded by Commissioner Bower.
The motion carried 5-0.
Notice of lntent
4. SE83-2466 Down Cape Engineering, Inc. for Raymond and Harriet Fellows 222 Blue Rock
Road Filing to permit existing rock wall and modifications to pier, ramp and float within
Coastal Bank, Fish Run, Land Containing Shellfish, Land under the Ocean, and Salt
Marsh.
Representative: Dan Ojala
Discussion: The board suggested removing a patch of unpermitted gravel and planting native
shrubs. CA discussed DMF comments to include float stoppers if there is less than 2.5 feet at
MLW, but the plan shows 2.6 feet so they are not required. Variances are requested because the
existing dock does not meet depth at MLW, distance to neighboring docks, and distance to a
channel requirements. Watenruays has approved of the last variance. The new float expands the
width approved on the Watenruays license. Mr. Ojala clarified that the license is being updated but
the arrangement of the dock is not.
Commissioner Bernstein made a motion to issue an OOC with special conditions.
The motion was seconded by Commissioner Huggins.
The motion carried 5-0
5. SE83-2467 Down Cape Engineering,lnc. for Malcolm Nolen 64 White Cedar Road
Proposed patio and driveway modifications with mitigation plantings in the buffer zone to
a coastal bank.
Representative: Dan Ojala
Discussion: The board confirmed that the existing rock garden would not be removed for the
proposed patio.
Commissioner Bernstein made a motion to issue an OOC with special conditions.
The motion was seconded by Commissioner Mulhearn.
The motion carried 5-0.
6'SE83.2465BSCGroup,lnc.forDavidTodesco,,Proposed
bulkhead and pier system with dredging in land under the ocean, coastal bank, and
LSCSF.
Representative: Kieran Healy
Discussion: The project has approval from Waterways. The board suggested moving the bulkhead
landward of MHW rather than filling land under the ocean as proposed. No frequency for the
proposed maintenance dredging could be provided due to the many variables involved in
sedimentation. The operation of boats within the lagoon was discussed and all neighbors will have
adequate space to back out. The CA requested a plan for the proposed 690 sqft of disturbed
vegetation. DMF does not support the proposed bulkhead location or dredging within 25 feet of
MLW. The board was not concerned about dredging in the lagoon as it is man-made. Chris
Erickson, abutter to the south, discussed safety concerns not under the purview of this
commission.
Commissioner Huggins made a motion to continue for plan revisions to 312012025.
The motion was seconded by Commissioner Bernstein.
The motion carried 5-0.
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On312012025, on a motion by Commissioner Bernstein, seconded by Commissioner Bower,
the Commission voted 5-0, to approve these minutes as written.
7 . Strong Tree Engineering for Alfredo Lopilato 21 Television Lane Proposed elevation
and relocation of a single family dwelling, septic tank replacement, regrading, and
retaining walls in Land Subject to Coastal Storm Flowage.
Representative: Matt Lehman, Katerina Korolov
Discussion: The commission discussed the proposed retaining wall around the property and its
potential impact on the frequent flooding in the neighborhood. The addition of drywells will help to
compensate for the increase in impervious cover and the additional fill will increase the retention
of runoff on the property. Grading from the street to the house was discussed as an alternative to
the wall but was not thought to be a significant improvement. CA acknowledged the project's
improvement to stormwater management but that it would also have a negative impact on flooding
from sea water. DEP number and comment have not been received.
Commissioner Huggins made a motion to continue to 312012025.
The motion was seconded by Commissioner Mulhearn.
The motion carried 5-0.
Commissioner Hoopes called for a 3-minute recess at 6.15 pm
Notice of lntent
8.SE83.2463CapeCodEngineeringforRosangelaCa!oiero,@
(easement), Proposed construction of a dock facility in Coastal Bank, Coastal Beach,
Salt Marsh, Land Containing Shellfish, Land Under the Ocean, LSCSF and Riverfront
Area.
Chairman Hoopes tabled the hearing until 312012025 because no representative or applicant were
present.
Gontinued Enforcement
9. Blueflax Design LLC for Nance Carbone, 14 & 20 Kinqsbury Wav, Violation of Special
conditions 10-13, 15, 18 of SE83-2104. Review of restoration plans.
Representative: Theresa Sprague
Discussion. The contour lines added to the revised plans per the board's request were
discussed. A surveyor was not able to visit the site, so the 2' contours provided on the plan are
from MASS GIS which is not sufficient to identify the presence of a coastal bank. The board
discussed the purpose of this hearing: to reach compliance with the old permit which required
planting on the town land and putting up a fence and sign at the property boundary. The
commissioners agreed that the proposed management of invasives on town property would
require a new NOl. The proposed dense shrub plantings along the property line in lieu of a
fence were discussed, and the commission decided the fence with a sign on each property was
necessary. The planting requirements for the disturbed town land were further discussed. The
3:1 replacement of a tree removed from town land, with at least one in the wetland, is required
by June 1't 2025. The remaining area will be allowed to grow in naturally or just the turf can be
removed and seeded with an approved mix.
Commissioner Bower made a motion to approve the amended enforcement order with the
acceptance of an approved plan showing the changes discussed.
The motion was seconded by Commissioner Bernstein.
The motion carried 5-0.
Other Business
10. Approval of Meeting Minutes: December 6, 2024 February 6,2025 and February 20,
2025.
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On 312012025, on a motion by Commissioner Bernstein, seconded by Commissioner Bower,
the Commission voted 5-0, to approve these minutes as written.
There is no quorum for the December 6, 2024 meeting.
Commissioner Bernstein made a motion to approve the minutes for February 6, 2025 as written
The motion was seconded by Commissioner Bower.
The motion carried 4-0.
Commissioner Bernstein made a motion to approve the minutes for February 20,2025 as
written.
The motion was seconded by Commissioner Bower.
The motion carried 4-0.
11. Other business not reasonably anticipated.
Commissioner Bernstein asked about the pumping of water from the street on Television Lane,
but no plan has been submitted yet.
Commissioner Mulhearn asked about hearing a project if no representative is present. The
chairman stated that they have the right to hear the project, but it is preferable to wait for a
representative to avoid potential appeal.
CA announced that on Tuesday March 4,2025 the select board recommended Elly Tierneyto
be appointed to the Conservation Commission. Also, the annual Community Cleanup Day is
scheduled for Saturday April 12,2025.
Commissioner Hoopes discussed the Annual MACC conference that he attended on Saturday
March 1, 2025.
Commissioner Bernstein made a motion to adjourn the meeting.
The motion was seconded by Commissioner Bower.
The motion carried 5-0.
Adjourned at: 7:00.
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