urn:schemas-microsoft-com:office:smarttags013fHARWICH CONSERVATION COMMISSION MINUTES
TUESDAY - dateYear2008Day1Month4April 1, 2008
timeMinute30Hour186:30 PM - Donn B. Griffin Hearing Room 2nd Floor
PlaceNameplaceHARWICH PlaceTypeTOWN HALL
COMMISSION MEMBERS PRESENT; CHAIRMAN CHET BERG, LINDSAY STRODE, LARRY BALLANTINE, JASON FORD, MIKE SCHREIBMAN AND
LARA SLIVKA
OTHERS: MARTIN MORAN, BOB PERRY, KEN MASON, JOHN SCHNAIBLE, JOHN O’REILLY, BOB MCPHEE, MIKE TAKACH, JENNIFER OLIVER, DOTTIE DAVIS AND OTHERS
The meeting was called to order by the chairman at timeMinute30Hour186:30 PM.
HEARINGS
Notice of Intent
timeMinute35Hour186:35 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.
John O'Reilly represented the applicant. Patio has been replaced in same footprint. Approval is needed from Commission as work was done along the top of the coastal bank. Planting schedule for mitigation was presented. He added there is no erosion problem and silt fencing will be utilized during mitigation. Mr. Schreibman noted that during on-site visit Commission noticed stone wall protruding into buffer and cesspools are on property and felt owner should be made aware of impact of cesspools on buffer zone. Ms. Slivka questioned the brick pile on site and Mr. O'Reilly responded that he did not know his clients' intention but when additional patio work is being contemplated the owners would seek approval from Commission. Mr. Strode
added that owners should remove some of lawn between house and bank, lawn area to the east should be removed up to the fence and from the corner of southwest corner to hedge. Mr. O'Reilly felt his clients would approve as long as there is a footpath. Mr. Strode moved to continue to dateYear2008Day15Month4April 15, 2008, Mr. Ballantine seconding, motion carries. Mike Takach from Earth and Stone apologized for doing the work as he was unaware of the bank. Mr. Berg informed Mr. Takach that he needs to check with Conservation Department before any work is contemplated in sensitive areas. It should be noted that Mr. Takach was fined $400 by the Town and fine paid prior to this meeting.
Notice of Intent
6:45 Ken & Jill Mason, 22 Homer Road, Map 23, Parcel X4-3 – Restoration planting and construction of a new garage w/in 100’ of Isolated Wetland and Coastal Flood Zone.
Bob Perry represented the applicants. Resource area has been delineated by Outer Most Land Survey. There is an existing gravel road through the site with maple swamp containing a perched water system. Chips are to be taken out by hand. Masons would like to keep large screening hedge. Old fire pit on property and would like to remain. Proposing to build 26' x 36' garage approximately 43' from boundary of isolated wetland. Minimal grading required for garage and Mr. Perry feels it will have minimal impact on wetland. Mr. Berg advised that since proposed garage is within 50' of wetland it is a violation of Commission regulations. Mr. Ballantine moved to require that 50' and 100' buffer zones are to be shown on plan along with locus and thus it is an incomplete
plan, and continue to dateYear2008Day15Month4April 15, 2008, Mr. Strode seconding, motion carries. Mr. Schreibman suggested a wetland specialist to delineate wetland and Mr. Berg suggested that hydric soils should also be determined. Mr. Ford asked the name of the contractor who performed the cutting. Mr. Mason advised that when house was built the Commission (at that time) told them "they could do as they wanted " but that his son, Morgan Mason and Russell Holmes, had done work on site. Mr. Berg asked that the original Order of Conditions be presented to Commission for next hearing. Mr. Strode asked that Messer’s. Morgan Mason and Russell Holmes also be present on dateYear2008Day15Month4April 15, 2008. Dottie Davis, abutter, questioned what constitutes stripping of land. She also inquired as to type of material for garage and Mr. Mason advised that it will be a wood frame structure. Mr. Strode asked if tree
calipers could be provided, size and species of what was cut down. Commission also asked for Massachusetts Heritage involvement. Ms. Slivka advised that during site visit stumps were seen.
Notice of Intent
timeMinute0Hour197:00 Gerard & Clare Richer, 35 Strandway, Map 1, Parcel J1-32 – Construct screened porch, small additions to an existing dwelling and a new patio.
John Schnaible represented the applicants. Proposed has been staked out. Property contains small coastal bank in the AO Flood Zone. Addition to contain a window seat bump-out and porch would be constructed on sono-tubes. Mahogany steps coming off existing deck. placeLot contains irrigation system for lawn. Rugosa rose swath separates coastal bank. Commission suggested adding five feet of rugosa along bank and Bob McPhee, Richer's builder, saw no problem with this suggestion. Mr. Schreibman moved to approve with conditions and only organic fertilizer be used on the property; Order of Conditions to be drafted at a later time; Mr. Ballantine seconding, motion carries.
Notice of Intent
7:10 John Goodrich, 271 Bells Neck Road, Map 37, Parcel N6 – Construct in-ground pool, deck, pool house, equipment slab, bluestone patio, retaining walls, and lawn area.
Martin Moran represented the applicant. All of the proposed is within the 50' to 100' buffer zones. The Chairman advised that since wall is edge of 50' buffer, perhaps it could be moved back five feet and Mr. Ballantine asked for details of wall cross-section. Mr. Moran advised that property contains a borrow pit and sand hole. A detailed landscape plan indicating species and staking of entire project was requested by Commission. Mr. Strode suggested moving project landward toward putting green and shade garden and taking hardscape out of the second 50' buffer and noted that retaining wall does not lead anywhere and might consider taking wall to foundation. Mr. Moran took offense to Commission suggestions and charged Mr. Strode with re-constructing plan. Mr. Berg
informed that Commission was charged with doing best for environment and reiterated that whole project needs to be moved back. Mr. Ford added that part of pool deck should be taken off and wall moved back. Mr. Berg added that reducing pool deck would allow owner to curve wall to pool house. Mr. Strode moved to continue to dateYear2008Day29Month4April 29, 2008, Mr. Schreibman seconding, motion carries.
ORDERS OF CONDITIONS TO BE SIGNED
Conrad Keado, Streetaddress15 Prince Charles Drive – SE 32-1933 Amended - Mr. Ballantine moved to approve, and close the hearing; Mr. Schreibman seconding, motion carries, Mr. Strode voting in opposition.
Thomas & Denise Morrison, 4 Fiddler’s Landing – SE 32-
Mr. Ballantine moved to approve, and to close the hearing; Ms. Slivka seconding, motion carries.
CERTIFICATES OF COMPLIANCE
Joseph S. Carter Jr., Streetaddress22 Deep Hole Road, SE 32-1735
Charles Helliwell Jr., Streetaddress182 Gorham Road, SE 32-1726
Mr. Ballantine moved to approve, Mr. Strode seconding, motion carries.
APPROVAL OF MINUTES – dateYear2008Day18Month3March 18, 2008
Mr. Schreibman moved to approve, Mr. Ballantine seconding, motion carries.
ANY OTHER BUSINESS WHICH MAY COME BEFORE THE COMMISSION
Lease agreement for Jenkins Bog - signed by Commission members present with the exception of Mr. Schreibman.
Violation - Tom Leach reported that trees had been cut down on north side of Herring Run. Commission members Chairman Berg, Larry Ballantine, Mike Schreibman and Lara Slivka viewed property at on-site visit today. Chairman called John Hall who owns property adjacent to Herring Run but received no response. Commission requested that fine schedule be added to packet for next meeting.
ADJOURN - timeMinute30Hour208:30 pm
Harwich Conservation Commission Date
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