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HomeMy WebLinkAboutConservation Commission Meeting Minutes 3.20.2025On 41312025, on a motion by Commissioner Bower, seconded by Commissioner Tierney, the Commission voted 5-0 with 1 abstention, to approve these minutes as written. Lit-tif,iri{1! tTl..E Tfiirlii fi fi3[i trft i-E{"-i'is-3il-J E i i i iitrI ri r.ri-L-fLi*' iLi-*o1 ?'25 r'|,r*:54 CONSERVATTON COMMISSION MEETING MINUTES:-18 [q March 20,2025 Members Present: Absent: Ed Hoopes (Chairman), Elly Tierney, David Bernstein, Bradford Bower, Patricia Mulhearn, Paul Huggins (Vice chair) Jack Frost Staff :Brittany DiRienzo, Joe Jerolimo Start Time:5:00 pm Commissioner Bemstein made a motion to enter Executive Session The motion was seconded by Commissioner Bower The motion carried. The Yarmouth Conservation Commission entered Executive Session at 5:05pm. Executive Session 1 . The Yarmouth Conservation Commission will enter Executive Session pursuant to M.G.L. Chapter 30A, Section 21(a)(6) to discuss litigation related to Oyster Cove Road (easement). Open Session will reconvene at the end of the Executive Session. Commissioner Bemstein made a motion to leave Executive Session The motion was seconded by Commissioner Bower The motion carried. The Yarmouth Conservation Commission reconvened in Open Session at 5:28pm. Request for Determi ation of Aoolicabilitv 2. Hamlyn Consulting for Kevin and Bonnie Manzolini, 40 Grandview Drive, Proposed garage and driveway expansion in riverfront area, LSCSF, and the buffer zone to a coasta! bank. Representative: Lynne Hamlyn Discussion. An unpermitted expansion to the walloray and patio done by the previous owner will remain unpermitted, though the statute for enforcement has passed. Commissioner Bemstein made a motion to issue a negative 2 and negative 3 determination. The motion was seconded by Commissioner Bower The motion carried 6-0. Continued Notice of lntent 3. SE83-2461 Environmental Consulting & Restoration, LLC for Brian and Patricia Clifford, 36 Bentbluffs Lane, Proposed addition in the buffer zone to bordering vegetated wetland. Continuance requesfed by applicant to April 3, 2025. Representative: None present Discussion: The representative has requested a continuance to April 3,2025. Commissioner Mulhearn made a motion to continue to April 3,2025. I On al3l2il25, on a motion by Commissioner Bower, seconded by Commissioner Tierney, the Commission voted 5-0 with 1 abstention, to approve these minutes as written. The motion was seconded by Commissioner Bower The motion carried 5-0. 4. SE83-2463 Troy Wal! Associates and Cape Cod Engineering for Rosangela Caloiero,59 Ovster Cove Road (easement), Proposed construction of a dock facility in Coasta! Bank, Coastal Beach, Salt Marsh, Land Containing Shellfish, Land Under the Ocean, LSCSF and Riverfront Area. Representative: None present Discussion: Commissioner Mulhearn recused herself from this testimony. The Commission intended to hear this under the state performance standards. However, Atty. Wall has filed a Request for a Superseding Order on behalf of the applicant, so testimony will be limited to application of the town bylaw. Bob Perry of Cape Cod Engineering was present in the audience, but was not authorized to represent the applicant on this matter. The board discussed the five variances necessary to approve this dock which include 3.01(13), 3.01 (7), 3.01 (12d),3.01 (1 1) and 3.01 (12a). Abutters at 35, 43,51, 55 and the property owner at 59 Oyster Cove Road all submitted opposition letters stating to the effect that this dock infringes on their deeded rights as easement holders. CA reiterated that Commission decisions are based solely on the WPA and in this case solely the Yarmouth Wetlands Protection Bylaw, and do not suggest compliance with easement or deeded rights which fall under the land court. Mark Ayotte, 59 Oyster Cove road, discussed the distance to his dock, which does not meet the 75 feet required by the bylaw. He also asked about the EO issued for the unpermitted dock. John Owczarski, 51 Oyster Cove road, discussed the distance to the abutting property and the depth of the float at MLT, both of which do not meet the bylaw requirements. The board discussed issuing a new EO at a later meeting, but violations do not allow public comment. Commissioner Bernstein made a motion to approve the project with special conditions. The motion was seconded by Commissioner Huggins. The motion fails 0-5. 5.SE83-2465BSCGroup,lnc'forDavidTodesco,,Proposed bulkhead and pier system with dredging in land under the ocean, coastal bank, the buffer zone to a coastal bank, and LSCSF. Representative: Kieran Healy Discussion: Changes were made to the plan in response to the commissions comments at the last hearing: the proposed sea wall was moved landward of MHW and a detailed planting plan was added. The proposed pier system was also moved, resulting in a smaller dredge area. The board discussed replacing the creeping juniper and monitoring for three years as special conditions. Chris Erickson on Zoom discussed his dock which is in the permitting process and is not shown on the BSC plan. He does not oppose the project. Commissioner Bemstein made a motion to approve the project with special conditions to include monitoring and replacing creeping juniper pending a revised plan. The motion was seconded by Commissioner Bower. The motion carried 5-0. 6. SE83-2469 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 Coasta! Storm Flowage. Representative: Katerina Korolov via Zoom. 2 On 41312O25, on a motion by Commissioner Bower, seconded by Commissioner Tierney, the Commission voted 5-0 with 1 abstention, to approve these minutes as written. Discussion: Commissioner Hoopes reminded the representative of the town policy requiring representatives to appear in person. There were no objections from the board to letting Ms. Korolov represent. Similar projects proposing fill in the flood zone have been approved in the past, and the board's policy is to encourage the least amount of fill to achieve the desired goal. The board discussed whether the retaining wall would divert flood water to the street. Al Lopilato, the homeowner, added that flooding is primarily on the roadway and the retaining wall is set back away from the road. The CA discussed the potential for the retaining wal! to diveft coastal flood water, though the work proposed would improve the management of stormwater precipitation. Commissioner Bower made a motion to approve the project with special conditions. The motion was seconded by Commissioner Huggins. The motion carried 5-0. Notice of lntent 7'SE83.2471CapeCodEngineering,lnc.forHenryandNadineGi!l,@, Proposed construction of a pier, ramp, and float; and replacement of a stone revetment in land under the ocean, coasta! beach, coastal bank, salt marsh and land containing shellfish. Representative: Bob Perry Discussion: Work pertaining to a previous NOI to raze and replace the house will not be performed. A previous dock application was denied for recreational interference and length, so the proposed dock was repositioned further north. The revetment is licensed. The 128 foot dock exceeds the 80 foot from MHW limit. The dock is not centered on the lot, but is over 100 feet from neighboring docks. The plan notes that a secondary layer of stone may be required, and Mr. Perry clarified that this depends on the size of stones available and resulting face roughness of the revetment. Stone from the existing revetment will be removed, unless reusable in the new revetment. The length of the dock was discussed as necessary to meet float depth at low tide and meets distance from the navigational channel. lt was recommended that plans in the future show water depth explicitly. The slope of the revetment meets the minimum CZM recommended ratio of 1.5:1. A mooring currently used bythe homeownerwill no longer be used oncethe dock is built. Watenrvays did not discuss issues with recreational interference or length of the dock, and recommend a shellfish mitigation fee. There was some concern that the planting plan for the dock and the planting plan for the work on the house were inconsistent. (typical SC plus shellfish mitigation fee and planting plan) Commissioner Bower made a motion to approve the prolect with special conditions to include a shellfish mitigation fee determined by waterways, a new planting plan, and typical DMF conditions. The motion was seconded by Commissioner Huggins. The motion carried 4-2. Request for Gertificate of Compliance 8. SE83-2095 Paul Butler,164 Driftwood La Commissioner Bemstein made a motion to issue a COC. The motion was seconded by Commissioner Mulhearn. The motion carried 5-0 with 1 abstention. 9. SE83-2161 Pau! Butler,164 Driftwood Lane Representative. Kieran Healy Discussion: There is no problem with the construction of the building. The site visit found that the mitigation area had been sheet mulched. Precipitation was washing mulch onto the coastal 1J On aFl2O25, on a motion by Commissioner Bower, seconded by Commissioner Tierney, the Commission voted 5-0 with 1 abstention, to approve these minutes as written. bank and causing erosion. A special condition was not included to prevent mulching. The board discussed the possibility of removing the filter fabric beneath the mulch to help address the issue. Commissioner Bemstein made a motion to continue to Apri! 32025 forthe representative to address the erosion. The motion was seconded by Commissioner Bower. The motion carried 6-0. 10. SE83 -2343 David Palmer,17 Crest Circle partial COC request Representative: Kieran Healy Discussion: There is no problem with the construction of the building. Plants were just installed, so this will be a partial COC. The area must stabilize before erosion controls can be removed. The partia! COC will exclude planting and stabilization. The board also requested removal of the tags on the plantings to prevent them becoming litter. Commissioner Bernstein made a motion to issue a partial COC for the work on the house, excluding the plantings, site stabilization and tag removal. The motion was seconded by Commissioner Bower. The motion carried 6-0 1 1 . SE83 -2344 David Palmer, 24 Vallev Road partial COC request Representative. Kieran Healy Discussion: This will be another partial COC because the plants were just installed. The board again requested plant tags be removed, as well as removing construction debris on the coastal bank. Commissioner Mulhearn made a motion to issue a partial COC for the work on the house pending proof that construction debris has been removed. The motion was seconded by Commissioner Bower. The motion carried 6-0 Enforcement 12. Joyce Landscaping for John and Susan Bassick, 122 Thacher Shore Road Unpermitted removal of vegetation and filling of a bordering vegetated wetland and its buffer zone. Representative: Andrew Navickas Discussion: A COC for this property was recently closed in the fall. The CA met onsite with the owner last Friday to discuss recent unpermitted activity including an area of wetland had been cleared of vegetation including three trees and filled. CA recommends issuing an EO requiring a CERP for restoration of the previously existing wetlands area, a minimum 10 foot buffer and three years of monitoring reports, which should include the size of trees removed and other previous conditions. Given that it is early Spring, it was further recommended that the area be regraded and seeded with a wetland seed mix as soon as possible and if possible a restoration plan submitted and some plants installed this growing season before June 1,2025. \Mratever cannot be completed now should be completed in fall of this year. ln addition, a pile of woodchips on conservation property is to be relocated. The board discussed requiring that the CERP perform the work rather than supervising and decided they should at least be present on- site. !t was also stipulated that if the CERP changes the CA should be notified. Commissioner Bemstein made a motion to issue an EO as discussed. The motion was seconded by Commissioner Bower. 4 On aBl2O25, on a motion by Commissioner Bower, seconded by Commissioner Tierney, the Commission voted 5-0 with 1 abstention, to approve these minutes as written. The motion carried 6-0. Other Business 10. Approval of Meeting Minutes: December 6, 2024 March 6,2025 Commissloner Bernstein made a motion to approve the minutes for March 6,2025 as written. The motion was seconded by Commissioner Bower. The motion carried 5-0. There is no quorum for the December 6, 2024 meeting. Approval of the December 6, 2024 minutes will be tabled to April 17, 2025. 11. Other business not reasonably anticipated. Announcement of Yarmouth's Annual Community Cleanup Day The board also discussed the OML 2year extension. lt has not passed yet and CA will let the board know if there are any updates. Commissioner Bower made a motion to adjourn the meeting. The motion was seconded by Commissioner Mulhearn. The motion carried 6-0. Adjourned at: 7'.13. 5