urn:schemas-microsoft-com:office:smarttags013fHARWICH CONSERVATION COMMISSION MINUTES
TUESDAY - dateYear2008Day18Month3March 18, 2008
timeMinute30Hour186:30 PM - Donn B. Griffin Hearing Room 2nd Floor
PlaceNameplaceHARWICH PlaceTypeTOWN HALL
COMMISSION MEMBERS PRESENT: CHAIRMAN CHESTER BERG, LINDSAY STRODE, BOB BOURGOIN, LARRY BALLANTINE, JASON FORD, MIKE SCHREIBMAN, LISA SLIVKA AND ADMINISTRATOR JOHN CHATHAM
OTHERS: MARTIN MORAN, CRAIG SHORT, DON MONROE, JIM GABLE, PETER THORNTON, MICHAEL TAKACH, OTHERS
HEARINGS
Request for Determination of Applicability
timeMinute35Hour186:35 William Sliney, Streetaddress53 North Road, Map 19, Parcel M1 – Replace existing septic system with Title 5 soil absorption system.
Martin Moran represented the applicant. Real estate transfer inspection indicated septic system failure as installer did not place enough stone around leaching chambers. New Title 5 code requires 5' separation to groundwater. System will retain tank but will utilize pump chamber. System lies between wetlands and PlaceNameplaceHerring PlaceTypeRiver. Power line runs from roadway to pole below the service line to Dunton’s placeIsland. Owner wishes to keep irrigation system. Mr. Schreibman moved to issue a Negative III Determination and to close the hearing, Mr. Ballantine seconding, motion carries.
Notice of Intent
timeMinute45Hour186:45 Thomas & Denise Morrison, 4 Fiddler’s Landing, Map 13, Parcel R4 – Perform maintenance dredging in an area of Allen’s Harbor
Don Monroe from Coastal Engineering represented the applicants. Chairman read letter from Marine Fisheries indicating quahogs should be afforded protection as well as winter flounder spawning grounds and suggested prohibition of work during period of January 1st to May 15. Mr. Schreibman noted that testing has been done on sea bottom that revealed anaerobic toxic slime that would not support marine life. Mr. Monroe concurred with Mr. Schreibman. His firm has performed testing for Town and other applicants and found that no said marine life is there at present. He noted that when Town pursues cleanup of Allen’s Harbor this project can be piggybacked on dewatering. Material, probably 800 cubic yards, is suitable for landfill capping and will utilize a number of sites for spoils
disposal. De-watering sites would need to be approved by Commission at a future date. Mr. Monroe informed that project had an original dredging footprint in 1926 and work line goes 2 to 3 feet away from mean high water mark and about 30' away from marsh. DEP recognizes that line and permit from 1926 in order to do maintenance dredging. Mr. Ballantine moved to approve, Order of Conditions to be drafted at a later time; Mr. Strode seconding, motion carries.
Request to Amend Order of Conditions
7:00 Conrad Keado, 15 Prince Charles Drive, Map 110, Parcel S25 – Amend Order of Conditions SE 32-1933 to include the reconstruction of 4 additional retaining walls with accompanying landscaping activities.
Craig Short represented the applicant. Commission had previously approved the construction for one wall closest to house. New landscape plan was presented for four additional retaining walls. Mr. Strode noted that he had requested more of a buffer of 10 to 20' within the 50' buffer to address runoff. Owner will retain irrigation system. Questions arose from Commission whether proposed swale will adequately address runoff. Mr. Bourgoin suggested a maintenance plan with Commission review in one year to see if it is adequate. Mr. Short informed that he was retiring soon and asked that burden of proof be placed on Mr. Keado's future engineer. Mr. Chatham suggested that language i.e. "have the right after one year to revisit to require correction" if the swale is
being eroded. Mr. Schreibman moved to approve the plan as presented with language to be included if within one year the swale and vegetation is not effective, the Commission shall revisit and ask for adequate protection for runoff and add vegetation to the swale, Order of Conditions is to be drafted at a later time; Mr. Bourgoin seconding, motion carries, Mr. Strode voting in opposition.
Notice of Intent
timeMinute10Hour197:10 Ann & Leo Higdon, Streetaddress8 Ayer Lane, Map 7, Parcel A16 – Permit to reconstruct an existing patio (after-the-fact); Replanting of disturbed area between patio and coastal bank.
Chairman read letter from John O'Reilly requesting continuance to next available hearing date. Mr. Bourgoin moved to continue hearing to dateYear2008Day1Month4April 1, 2008, Mr. Strode seconding, motion carries. Mr. Schreibman requested that contractor appear before the Commission on April 1st. Mr. Takach, contractor, did appear at this meeting, and was informed by Commission it could not discuss project but would be happy to speak with him at next hearing date.
ORDERS OF CONDITIONS TO BE SIGNED
Viola Associates/Assumption College, 39 Strandway, SE 32-1938
Kenneth Steen, 44 & 48 Cahoon Road, SE 32-1937
Leslee & Arthur Greene Jr., Streetaddress7 Davis Lane, SE 32-1822 (Amended)
John Carlton, timeMinute0Hour20255 Bay Road, SE 32-1887 (Amended)
Mr. Ballantine moved to close the hearings and approve all of the above, Mr. Ford seconding, motion carries.
CERTIFICATES OF COMPLIANCE - none
EXTENSION REQUESTS
Steven Swain, timeMinute0Hour2010 Cora Nickerson Road, SE 32-1751 - Mr. Bourgoin moved to extend for two years, Mr. Ballantine seconding, motion carries, Ms. Slivka abstaining.
APPROVAL OF MINUTES – timeMinute0Hour20MARCH 4, 2008 – Mr. Ballantine moved to approve, Mr. Ford seconding, motion carries.
ANY OTHER BUSINESS WHICH MAY COME BEFORE THE COMMISSION
Vernal pools identification project. – Conservation Trust requested letter from Commission in support of project to Ameri-Corps. Mr. Ballantine moved to approve letter to Ashley Cooke from the Corps, Mr. Strode seconding, motion carries. Mr. Chatham had sent memo to Board of Selectmen and Water Department to inform them volunteers would be doing identification project this spring.
ADJOURN - timeMinute0Hour208 pm
Harwich Conservation Commission Date
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