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HomeMy WebLinkAboutMN072517 Town of Barnstable Conservation Commission 200 Main Street Hyannis Massachusetts 02601 Office: 508-862-4093 E-mail: conservation @ town.barnstable.ma.usFAX: 508-778-2412 MINUTES – CONSERVATION COMMISSION MEETING DATE: JULY 25, 2017 @6:30 PM LOCATION: TOWN HALL HEARING ROOM, 367 Main Street 2ND Fl., Hyannis, MA Scrivener’s note: The following minutes are general in nature. For those wanting specific detail on matters heard on this agenda, additional resources are available to you: video-on-demand (free on the Town website at town.barnstable.ma.us ), and DVD recordings. Please contact the Conservation Division at 508.862.4093 for assistance. The meeting was called to order at 6:30 p.m. by Chair F. P. (Tom) Lee. Also attending were Vice-Chair Louise R. Foster, Clerk Dennis R. Houle,and Commissioners John E. Abodeely, Peter Sampou, Scott Blazis,and Larry Morin. Conservation Administrator, Darcy Karle, assisted. IOLD AND NEW BUSINESS A. Updated significant shellfish habitat rating maps Exhibit A – The Chair handed out a document, dated Dec. 13, 2016 Issues discussed: Tom Marcotti gave a brief history of how the maps came to be; how participants were chosen to be on the panel in 2000. There have been some changes on the panel. Question was raised on how beginning end points of areas were chosen to be designated on the maps. The Commission refers to “high value – 6 to 10 rating” and “not high value – 0 to 5 rating,” whereas, Tom Marcotti often refers to “significant habitat” when referring to a high value One of the Commissioners requested that Dunbar Point area be added to the map as soon as possible These maps are a starting point, starting presumption. Ratings are based on professional judgement. An interesting point was brought up that one could have a good shellfish area rated low because people were not familiar with the area. An example would be the Bumps River. The Commission would like complete numbers, as they were missing the 2nd sheet and spread sheet showing a tally of “unfamiliar” votes A motion was made to adopt these revised shellfish rating maps for the following areas: Poponessett, Shoestring Bay, East Bay, Centerville River and Hyannis. A dialog box to be printed on large copies produced by GIS indicating: “Adopted by the Conservation Commission on July 25, 2017 – effective date Aug. 1, 2017.” Seconded and voted unanimously. Additional discussion: Idea of changing effective date so community might have a chance to review it and see if wording in regulations coincides with maps Request for spreadsheet to see the numbers representing “not familiar” Could approval be subject to adding Dunbar Point? A motion was made to amend the previous motion to confirm August 15, 2017 as the effective date. Seconded and voted: 6 votes = Aye; 1 vote abstained. The motion carried. IIREQUEST FOR DETERMINATION Paul D. Vancura. Replace cesspool with tight tank; new well to replace existing well at 40 Nyes Point Way, Centerville as shown on Assessor’s Map 233 Parcel 013.DA-17040 The applicant was represented by DanielOjala, P.E. of Down Cape Engineering. Issues discussed: Question raised on current number of bedrooms; the answer was “two” Concern raised that there should be a two-bedroom restriction placed on this parcel The Chair stated that a letter could be written to the Board of Health recommending a two-bedroom deed restriction. Mr. Ojala suggested that the Commission add a special condition stipulating a two-bedroom deed restriction in the determination until such time the area could be sewered. A motion was made to approve a negative determination to include a recommendation to the Board of Health for a two-bedroom deed restriction, and have a copy of the Board of Health approval included in the Conservation office file. Seconded and voted: 6 votes = Aye; 1 vote = Nay. The motion carried. Wayne L. Farwell & A. Bruce Lounsbery, Trs. Upgrade of sub-standard septic system to Title-5 septic system at 100 Point of Pines Ave., Centerville as shown on Assessor’s Map 230 Parcel 059.DA-17041 The applicant was represented by Daniel A. Ojala, P.E. Issues discussed: Question was raised about how many bedrooms – the answer was three. Revised plan being prepared for Board of Health should be submitted to Conservation as the plan of record A motion was made to approve the project as a negative determination, subject to the receipt of a revised planprepared for the Board of Health. Seconded and voted unanimously. IIINOTICES OF INTENT Robin Schwartz, Tr./Baxters Neck Road LLC. Construct addition to existing house; construct pool patio; construct stairway to existing dock; mitigation planting and landscaping at 240 Baxters Neck Rd., Marstons Mills as shown on Assessor’s Map 075 Parcel 024.SE3-5494 The applicant was represented by Steve Wilson, P.E. of Baxter Nye Engineering. Commissioner Foster recused herself Exhibits:A – Revised plan dated 7/24/17, to clean up labels on the planB – Photos by staff from 2008 showing the understory right up to the deck Issues discussed: A prior filing under SE3-4761 needs to be closed out with a certificate of compliance This proposed application will be considered as a new application. When has the Commission ever allowed the 50' buffer to be obliterated for a pool? Need the specifications ofvessels for the dock, and have them indicated on a sign Mitigation area needs to be indicated on a plan; the proposed mitigation area is already mitigated after trees were removed Question was raised regarding the labeling of the proposed stairs on the dock and currently existing stairs. Concern was raised regarding the proposed pool location on a steep bank Concern was raised again about realtor advertising, stating plans were already approved for a new home. A long continuance should be requested to address closing-out prior filing, and allow Mr. Wilson to determine the future plans for the property. A motion was made to continue the project to September 19th. Seconded and voted unanimously. Jennifer R. & Edmund F. Murphy.Replace existing 3-foot-wide pier with a 4-foot-wide pier; rotate ell 4 feet; reconfigure tie-off piles; add a ramp and float at 656 Sea View Ave., Osterville as shown on Assessor’s Map 114 Parcel 015-002.SE3-5495 The applicants were represented by John C. O’Dea, P.E. Correspondence read into the record: Tom Marcotti, Town Shellfish Biologist, 7/25/17 E-mail, and MA Division of Marine Fisheries, 7/19/17 Issues discussed: The proposal would be considered as a substantial change with no waivers being requested. Concern with number, location and lack of labeling of tie-off piles on plan Error was picked up on Tom Marcotti’s email stating area listed as “significant” when, in fact, it was rated as “5” Question about a “sheen” on a puddle in the pathrunning through the salt marsh. Seth Wilkinson stated that it is most likely a natural by-product of peat breaking down, not gas or oil. Idea to move the Edgewater tothe inside of the float, and remove the tie-off pile. A lengthy discussion ensued after the Commission realized that the applicant was not planning on moving the smaller boat to the float (after float was approved), and that the applicants may request a third vessel in the future. Clerk Houle clarified that the current pier regulations don’t prohibit vessels from being berthed along the pier. Also the regulations don’t limit the number of vessels up to the point it becomes classified as a marina. This concerned many of the Commissioners. The cumulative impact should be considered, and the intensity of use. A request for a third vessel would require a revised plan request; it would not come under administrative approval Utilities need to be labeled on the plan A motion was made to propose the following three-part finding: The proposed pier is a substantial expansion of an existing dock; therefore, it is subject to all current regulations; No waivers to the regulations are required in the proposed design; Given the fact that the existing dock is not subject to current regulations, and this proposal meets the Commission’s current regulations without waivers, the Commission in this specific instance and site, allows the Edgewater to be berthed along the pier in the proposed location, bow-in. Seconded and voted: 5 votes = Aye; 2 votes = Nay. The motion carried. Based on the finding, a motion was made to approve the project subject to the receipt of a revised plan that will indicate the tie-off piles, remove tie-off pile located at -6.3, and indicate the location of utilities, water and electric lines Seconded and voted: 5 votes = Aye; 2 votes = Nay. The motion carried. IVCONTINUANCES David Drake & Jacqueline Linas.Construct new pier, ramp and float on the Centerville River at 1112 Craigville Beach Rd., Centerville as shown on Assessor’s Map 206 Parcel 136. SE3-5453 The applicants were represented by Ed Pesce, P.E. of Pesce Engineering & Associates. Exhibits: A – Revised site plan dated 7/25/17 Issues discussed: Quorum of Commissioners A question was raised about the proposed size of pilings, andthe Commission’s prior request that the revised plan should indicate “light” dingy dock construction Permanent piles also allow surface areas for invasive macro-algae to settle Prior cases were discussed in which ice removed permanent pilings The Commission’s preference is to see seasonal construction of the dock starting at mean-low water (MLW) (i.e., seaward of the steps) constructed with 4x6’s or 4x4’s instead of permanent piles. Piles over marsh should be 8" piles so they don’t require jetting-in every season. Float and ramp will be removed seasonally A motion was made to approve the project subject to receipt of a revised plan indicating 8-inch piles from stairs, landward, and the float with 4x6’s or 2-inch galvanized pipes. Seconded and voted unanimously. Michael F. Schulz, Tr. 994 Main Street Realty Trust. To permit existing wrought iron fence, rinse station, lights on stairway to beach, existing lawn, and bank vegetation restoration plan. Also proposed is a stockade fence, flag pole, and replacement of northerly beach stairs to be located within right-of-way with a storage platform at 994 Main St., Cotuit as shown on Assessor’s Map 034 Parcel 036. SE3-5487 The applicant was represented by John C. O’Dea, P.E. and Seth Wilkinson of Wilkinson Ecological Design. Exhibits: A – Sketch showing contours for proposed rain garden Issues discussed: Quorum of everyone except Scott Blazis Question was raised as to whether the driveway currently sloped toward the proposed rain garden Question was raised as to which plan indicates the correct design for the wall. John O’Dea replied that the engineering site plan indicates twowalls Proposed wall along property line will help keep run-off from going onto abutters property There are currently two apple trees three feet off property line that will remain Mitigation planting shall remain in perpetuity. Fence will extend to landing and be 6-feet in height Platform will be used for abutter behind subject property for kayaks, floats, coolers, chairs etc. This is a special request due to an easement issue The Commission was concerned with proposed mulch in the 50-foot buffer, as mentioned in the landscaping plan. It should only be there for establishment of plants and around drip edges. Correspondence read into the record: Rebecca Hallissy’s emails dated 7/4/17 and 7/5/17 A motion was made to approve the project using the revised engineering plan dated 7/20/17 and revised landscape plan dated 7/20/17, with a condition that mulch be used only to establish plants, and then under drip edges of established plants. Seconded and voted unanimously. Jan T. Barr, Trustee, Jan T. Barr 2010 Revocable Trust. Construct and maintain path, boardwalk, ramp and float for the use of non-motorized craft in the Centerville River at 0 Long Beach Rd., Osterville as shown on Assessor’s Map 185 Parcel 047.SE3-5491 (continued for NHESP review only)The application was continued solely to await the receipt of the letter from Natural Heritage & Endangered Species (NHESP), and any conditions that may apply. Correspondence: NHESP letter dated 7/19/17. A motion was made to add the four NHESP conditions to the special conditions of the order of conditions. Seconded and voted unanimously. VCERTIFICATES OF COMPLIANCE(ez = no deviations, staff recommends approval) (* = on-going conditions)A.KhouriSE3-4884(coc,ez)raze & construct single family dwelling *at 351 Huckins Neck Road, CentervilleBearse Pond A motion was made to table the certificate until 8/15/17. Seconded and voted unanimously. VIMINUTES FOR APPROVAL A. June 27, 2017A motion was made to table the minutes to 8/8/17.Seconded and voted unanimously. A motion was made to adjourn. Seconded and voted unanimously. The time was 9:21 p.m.