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HomeMy WebLinkAboutMINUTES - beach area removed from NOI applicationMN071426 Page 1 Office: 508-862-4093 E-mail: conservation@barnstable.gov MINUTES – CONSERVATION COMMISSION HEARING DATE: July 14, 2026 @ 3:00 PM This meeting of the Barnstable Conservation Commission is being recorded and transmitted by the Information Technology Depart ment of the Town of Barnstable on Channel 18. Under MGL Chapter 30A Section 20, anyone else desiring to make such a recording or t ransmission must notify the Chair. The Conservation Commission’s Public Hearing will be held by remote participation methods . Alternative public access to this meeting shall be provided in the following manner: 1. The meeting will be televised live via Xfinity Channel 8 or high definition Channel 1072. It may also be accessed via the Gov ernment Access Channel live stream on the Town of Barnstable’s website: https://barnstable.cablecast.tv/internetchannel/watch -now 2. Real-time public comment can be addressed to the Conservation Commission utilizing the Zoom link or telephone number and access co de for remote access below. Remote Participation Instructions https://townofbarnstable-us.zoom.us/j/85344611803 Meeting ID: 853 4461 1803 US Toll-free • 888 475 4499 3. Applicants, their representatives and individuals required or entitled to appear before the Conservation Commission may ap pear remotely and are not permitted to be physically present at the meeting, and may participate through the link or telephone numb er provided above. Documentary exhibits and/or visual presentations should be submitted in advance of the meeting to Edwin.Hoopes@barnstable.gov , so that they may be displayed for remote public access viewing. Public comment is also welcome by emailing Edwin.Hoopes@barnstable.gov. Comments should be submitted at least 8hrs prior to the hearing. REMINDER TO APPLICANTS: FEES FOR LEGAL ADS ARE LISTED BELOW. PLEASE MAIL CHECKS TO CONSERVATION, 230 SOUTH STREET, HYANNIS, 02601 Conservation Commission meeting materials are available through Laserfiche. Links to application materials can be accessed HERE. The meeting was called to order at 3:00 p.m. by Chair F. P. (Tom) Lee. Also, in attendance were Vice-Chair/Clerk Angela Tangney, Commissioners Abodeely, DeMelo, Hearn, and Kaschuluk. Commissioner Sampou was absent. Conservation Administrator Ed Hoopes, Administrative Assistant Kim Cavanaugh, Conservation Agents Brady Hill and Robert Brewer were also present. I. OLD & NEW BUSINESS A. Vote on supporting West Barnstable Conservation Area Forest Management Initiative Agents Brady Hill and Robert Brewer explained the Management Plan. Issues discussed: • A question was asked about what species are being lost. • There are grouse and other species that are not showing up as frequently. • Brush piles could be utilized for habitat. • Expanding wet habitat could include a barrier of limited perviousness. Town of Barnstable Conservation Commission 230 South Street Hyannis Massachusetts 02601 MN071426 Page 2 • Land Management has not been addressed because of staffing issues. • Resources could include money from the Hamblin Fund. • A presentation to Town Council could be helpful. • Grants could be applied for some financial support. • Individual Commissioners are willing to help with the project. • Initiate a new effort for bio blitz, using Commission staff and volunteers. • Most people in the Town do not know what the Commission actually does. This could be an opportunity to educate the public. A motion was made to endorse the staff continuing to explore the planning and management effort of the West Barnstable Conservation Area and surrounding lands. Seconded. Aye – Abodeely, DeMelo, Hearn, Kaschuluk, Lee, Tangney Nay – II. REVISED PLANS Project Type Revisions A. Pamela Gremley SE3-6293 Raze & Replace SFD Remove Spa, relocate 64 Bayview Road, Osterville w/ Patio, Spa, Bank stairs, new walkway, landscape Restoration wall, modify utility platforms, etc. Commissioner Kaschuluk recused himself from this hearing as he is an abutter. The applicant was represented by John O’Dea, P.E. of Sullivan Engineering and Consulting. Issues discussed: • The original approved elevation was 15.0 which is increasing to 15.5. • The patio that was approved is being made twice as big. • The stairs going along the side of the house are closer to meeting the grade. • What had been stairs is now going to be more patio area. • The reduction in square footage for the buffer zone calculations in the 50’ buffer from 96 sf to 340 sf for mitigation of 693 sq ft and provide • The buffer zone calculations on the revised plan are with the changes. A date should be added to the revised in red. A motion was made to approve the revised plan request subject to receipt of a revised plan showing the previous approved calculations in black and the revised mitigation calculation in red. Seconded. Aye – Abodeely, DeMelo, Lee, Nay – Hearn, Tangney B. Kevin P. Starr, Trustee SE3-6243 Pool, patio, parking court, Expand pool patio area, change fence, 251 Seapuit Road, Osterville sand sitting area, 11’ driveway, and walkways and a proposed chess board beach shed The applicant was represented by John O’Dea, P.E. of Sullivan Engineering and Consulting. Issues discussed: • A revised description needs to be submitted showing the chess board being replaced with a beach shed. • The existing sand area has already been permitted. • Adding a beach shed is not usually approved. • The buffer zone calculations are in red. There is a reduction in the 0-50 but it is less than what was approved. MN071426 Page 3 • The revised mitigation calculations were reviewed. • The area of the chess board is expanding for the beach shed. • The owner advised the beach shed is intended for paddleboards, life jackets, and water shoes. • It currently looks messy with all these items on the beach. • If the shed is approved, it could set a precedent for future requests for sheds in the 0-50. • A shed could be approved in the 50-100 ft. buffer. • The owner is willing to move the shed to the 50-100 ft. buffer. A motion was made to approve the revised plan subject to receipt of a revised plan showing the location of the beach shed outside the 50’ buffer. Seconded. Aye – Abodeely, DeMelo, Hearn, Kaschuluk, Lee, Tangney Nay – III. ENFORCEMENT ORDER RESPONSE PLANS A. Arthur F & Ann M Barrett Trs & Arthur F Barrett Living Trust – 52 Caillouet Lane, Osterville – Map 164 Par 012. Alteration of wetland resource areas – flood zone and marsh – and a buffer to a wetland resource area – marsh - by cutting vegetation and trees. Agent Brady Hill introduced the Enforcement Order Response Plan and Nick Crawford of Crawford Land Management explained the plan in detail. - The plan is three parts: restoration in the wooded area where trees were cut, eradication of phragmites in marsh, and enhancement of native meadow. - Invasives are resprouting in area of initial tree-cutting, area to be replanted with 18 trees and some understory shrubs. - Only part required of the homeowner under the enforcement order is the restoration of the wooded area. - The meadow may be revitalized under the original permit issued for the meadow, including an annual mow. - The homeowner is interested in restoring the health of this property. - Administrator Ed Hoopes suggests that the phragmites eradication outside the restoration area is beyond the scope of the response plan. - The phragmites treatment would require an ecological restoration Notice of Intent. - Phragmites may be removed within the restoration area and meadow. A motion was made to approve the enforcement order response plan subject to receipt of a revised plan showing a limited phragmites removal area as discussed. Seconded. Aye – Abodeely, DeMelo, Hearn, Kaschuluk, Lee, Tangney Nay – IV. ENFORCEMENT ORDERS A. Powers, Robert & Michele – 1424 Main Street, Cotuit, Map 017, Parcel 012 – Alteration of a buffer to a wetland resource area – coastal bank – by removing vegetation. - Property owner and representative from Lombardi Landscape Architecture appeared before the commission. - Property owner noted he purchased the neighboring property and took down bushes to connect the yards on the property. - Homeowner acknowledged his error, and noted he understands the enforcement order and intends to comply. - The representative also noted she understands the enforcement order and intends to mitigate with native plantings. MN071426 Page 4 - John wanted to know what the area looked like prior to the vegetation being removed. Rob noted there was a plan from a prior filing showing the plantings, and John wanted it noted that should be used as a starting point for the new plantings. A motion was made to approve the enforcement order as written. Seconded. Aye – Abodeely, DeMelo, Hearn, Kaschuluk, Lee, Tangney Nay – B. Pieper, Charles P & Carole J – 721 Old Post Road, Cotuit – Map 054 Parcel 011-002 – Alteration of a wetland resource area – coastal bank and flood zone – by cutting vegetation AND alteration of a buffer to a wetland resource area – coastal bank – by cutting vegetation AND failure to comply with the ongoing conditions of a Certificate of Compliance (SE3-4962). - Neither the property owner nor a representative appeared before the commission. - Chairman advised Rob to work with the homeowner to ensure this doesn’t happen moving forward. - Rob noted he advised the homeowner onsite that further topping of trees or pruning cannot be done without prior permitting. A motion was made to approve the enforcement order as written. Seconded. Aye – Abodeely, DeMelo, Hearn, Kaschuluk, Lee, Tangney Nay – V. REQUESTS FOR DETERMINATION A. Frances Reynolds Lukas. Proposed vista pruning at 6 Leonard Road, West Barnstable as shown on Assessor’s Map 136 Parcel 011-002. DA-26031 The applicant was represented by Catrin Higgins of Bartlett Tree Experts. Issues discussed: • No cutting should be done further out than what is on the proposed plan. Public Comment - None A motion was made to approve the project as a negative determination. Seconded. Aye – Abodeely, DeMelo, Hearn, Kaschuluk, Lee, Tangney Nay – VI. NOTICES OF INTENT A. Nancy Barr. Construct and maintain elevated boardwalk, raise and extend retainage; nourish beach; maintain boathouse and associated deck and retainage; poison ivy control (raze and replace house and deck outside wetlands jurisdiction) at 7 Beechwood Road, Centerville as shown on Assessor’s Map 252 Parcel 001. The applicant was represented by Arlene Wilson of AM Wilson and Associates. Division of Marine Fisheries letter dated July 13, 2026 was acknowledged. Issues discussed: • The beach house maintenance will include re-siding, re-roofing, new windows, chimney repair, and inside work. The frame seems to be good and will not need any maintenance. MN071426 Page 5 • A detailed plan should be submitted for the beach house maintenance. No lights or decks etc. should be added. • There is only one small square area that could be considered beach. • Prior filings do not show any beach area. • The aerial photos do not show any beach area. • There are no photos in the files showing any beach area. • The applicant needs to show proof that a beach previously existed. • The exposed sediments were used to outline the beach area on the plan. • Only the small area from the dock not further than the end of the beach house could be considered beach. • The lake has a natural sand bottom. • Putting sand at the edges of lakes creates a diminished habitat for many species. • Adding 40 cy every couple of years will result in creating bad habitat. • The area near the dock is approx. 6 feet wide. • They could rake that area but adding sand should not be approved. • The square area is a natural beach not a created beach. • The boardwalk is approvable. • The natural sandy area is usually in the water. • A suggestion for removing the beach area as part of this project was made. • Any changes in the beach house must be put on a revised plan. • There will be no changes to the footprint of the beach house. • A fence is being put on top of the retaining wall. It needs to be added to the plan. Public Comment - None A motion was made to approve the project except the beach area that will be on a separate filing and subject to receipt of a revised plan showing the existing retaining wall showing the fence and the work on the decking, and an architectural plan showing the work on the boathouse showing what is currently existing subject to review and approval by staff and the removal of the beach area from the plan. Seconded. Aye – Abodeely, DeMelo, Hearn, Kaschuluk, Lee, Tangney Nay – VII. AMENDED ORDERS A. Cara Meneses. To amend Order of Conditions for the removal of the entire existing carriage house and foundation and replace in the same location at 100 & 112 Washington Avenue, Hyannis as shown on Assessor’s Map 287 Parcels 116 and 116-001. SE3-6278 The applicant was represented by Tim Santos of Merrill Engineering. Issues discussed: • The carriage house will be the same height as what is existing. • The steps will be in the same location. • A second egress will be added but it was on the original plan. • The grading is the same as what was approved. • A raze and rebuild should require engineered plans. • A question was raised if this should be continued. • Kevin Dauphinais Architect – Architectural plans. • A continuance was requested to July 21st for submission of the detailed architectural plans. Public Comment - None MN071426 Page 6 A motion was made to approve the continuance request to July 21, 2026. Seconded. Aye – Abodeely, DeMelo, Hearn, Kaschuluk, Lee, Tangney Nay – VIII. CERTIFICATES OF COMPLIANCE (ez = staff recommends approval) (D = staff does not recommend approval) (* = on-going conditions) A. SE3-4928 HBS Holdings, LLC (COC, ez*) Replace shed with two-story 164 Beale Way, Barnstable workshop. B. SE3-6237 Marilusa P. Niero (COC, ez*) Additions to single-family 6 Stoney Cliff Road, Centerville dwelling. A motion was made to approve A. and B. Seconded. Aye – Abodeely, DeMelo, Hearn, Kaschuluk, Lee, Tangney Nay – A motion was made to adjourn the meeting. Seconded. Aye – Abodeely, DeMelo, Hearn, Kaschuluk, Lee, Tangney Nay – The time was 5:29 p.m.