HARWICH CONSERVATION COMMISSION MINUTES
WEDNESDAY - January 2, 2008
6:30 PM - Hearing Room “B” 2nd Floor
HARWICH TOWN HALL
COMMISSION MEMBERS PRESENT: CHAIRMAN CHESTER BERG, BOB BOURGOIN, LARRY BALLANTINE, JASON FORD, MIKE SCHREIBMAN AND ADMINISTRATOR JOHN CHATHAM
OTHERS; PETER FEUERBACH, BOB FREEMAN, MARTIN MORAN, TERRY LUFF, STEVE MOORE AND OTHERS
6:35 Peter Feuerbach - Marini Nominee Trust, Conservation Restriction
Peter Feuerbach and Bob Freeman from Schofield Brothers represented the Marini family. Owners are seeking a conservation restriction within parcel that will not be developed adjacent to Muddy Creek. Restriction would allow 4.7 acres to be open space and protected from development in perpetuity. Planning Board at its December 11, 2007 meeting approved the cluster subdivision and special permit for open space residential development. A plan indicating open space along with the restriction will be recorded at the Barnstable County Registry of Deeds. Open space is 200' riverfront and all of the resource area and buffer zones are seaward. Mr. Chatham advised that the Commission usually likes to see a fence or some sort of delineation as lot owners intrude and assume it is their property. The chairman also suggested signage randomly placed at strategic locations for boat owners and guests. Mr. Feuerbach noted that property will be owned by a homeowners association and the
association will control aesthetics on green belt and that fence detracts from natural setting. Mr. Bourgoin suggested that vehicle and boat storage should be in homeowner’s articles but noted that association articles are easily amendable. Restriction goes to Board of Selectmen next and then on to Secretary of State for signature. Mr. Feuerbach agreed to two signs indicating restricted property. He informed that the Commission still retains jurisdiction and can bring enforcement action against homeowners' intrusion. Mr. Ballantine moved to approve with conditions for signs as described in restriction, Mr. Schreibman seconding, motion carries.
HEARINGS
Request for Determination of Applicability
6:45 Jeff Windle, 45 Snow Inn Road, Map 8, Parcels F3 & N4 – Install a 2,000 gallon tight tank with alarm system and retaining wall.
Martin Moran represented the applicant. Lot located on Wychmere Harbor and about 30' from mean high water line. Proposing a 2,000 gallon septic tank with alarm and will be water-proofed. "No other feasible alternative". DEP has approved tight tank system. Mr. Ballantine moved to issue a Negative III Determination, Mr. Bourgoin seconding, motion carries.
Notice of Intent – Continuance…
6:55 Edward & Anne Hines, 15 Wequassett Road, Map 5/K1-40 – Re-construct and maintain an existing rip-rap wall; Re-grading; Landscaping
Arlene Wilson represented the applicant. There is an existing licensed rip rap wall but wall is starting to "slump" and did not have a significant footing when built and would like to rebuild to current standards. Proposal includes a landscaping berm above top of existing wall and some lawn will be given up which gives back overland and not in water. Sandbags will be brought in pre-plugged with salt marsh. All work will be done from barge and done on an incoming tide. A tree will be lost but will be replanted. Mr. Schreibman moved to approve, Order of Conditions to be drafted at a later time; Mr. Ballantine seconding, motion carries.
Request for Amendment to Order of Conditions
7:05 William & Barbara Connolly, 17 Dunes Road, Map 5, Parcel K1-2 – Amend Order of Conditions SE 32-1779 to include the replacement of a stairway and handrail over existing bank on southwest portion of lot.
Martin Moran represented the applicant. Steps are to be elevated and no risers in front, one-half inch spacing for steps. Mr. Ballantine moved to approve with conditions that stair way meets Conservation Commission by-laws, Amended Order of Conditions to be drafted at a later time; Mr. Bourgoin seconding, motion carries and revised plan required.
Notice of Intent
7:10 Russell Webb, 16 Bank Street, Map 7, Parcel F2 – Remove asphalt and replace with pea stone, replace existing decks, fences, patios, stairs and ramps. Remodel units 19 and 20
Terry Luff and Steve Moore represented the applicant. Property is Sandpiper Motel which is being sold. Proposal is to remove parking lot and replace with new topping to asphalt. Not changing square footage of building or adding new square footage to decking. Seeking permission to build a new handicapped ramp out of 100' buffer and build a deck on left side of property. Fencing will be replaced with new. Units 19 and 20 will have replacement windows. Property will convert to condominiums but run as motel on a seasonal basis. . Mr. Ballantine moved to approve with run-off calculations and appropriate catch basins being installed, Order of Conditions to be drafted at a later time; Mr. Bourgoin seconding, motion carries and revised plan to be submitted.
ORDERS OF CONDITIONS TO BE SIGNED
John Our/Stonehorse Yacht Club, 4 Harbor Road
Mark Coleman, 23 Cranberry Lane SE 32-1929
Sarah Maxwell-Dworsky, Off Pleasant Lake Ave (Denial) SE 32-1865
Mr. Bourgoin moved to close the hearings and approve, Mr. Ballantine seconding, motion carries.
CERTIFICATES OF COMPLIANCE
Jeff & Gail Press, SE 32-1830
Joseph Hooley, SE 32-1401
Mr. Bourgoin moved to approve, Mr. Ballantine seconding, motion carries.
EXTENSION REQUEST
Hulse Point Family Trust SE 32-1744
Anthony LaCava SE 32-1743
Mr. Bourgoin moved to approve one year extension from date of permit expiration, Mr. Ballantine seconding, motion carries.
APPROVAL OF MINUTES - December 11, 2007
Mr. Bourgoin moved to approve, Mr. Ford seconding, motion carries.
ADJOURN - 8 pm
Harwich Conservation Commission Date
ANY OTHER BUSINESS WHICH MAY COME BEFORE THE COMMISSION
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