urn:schemas-microsoft-com:office:smarttags013fHARWICH CONSERVATION COMMISSION MINUTES
TUESDAY - dateYear2008Day15Month4April 15, 2008
timeMinute30Hour186:30 PM - Donn B. Griffin Hearing Room 2nd Floor
PlaceNameplaceHARWICH PlaceTypeTOWN HALL
COMMISSION MEMBERS PRESENT: CHAIRPersonNameMAN CHET BERG, BOB BOURGOIN, LARRY BALLANTINE, JASON FORD, MIKE SCHREIBPersonNameMAN, LARA SLIFKA AND ADMINISTRATOR JOHN CHATHAM
OTHERS: BOB PERRY, KEN AND JILL PersonNameMASON, DON MONROE, NORPersonNameMAN HAYES, SELECTPersonNameMAN LARRY COLE AND OTHERS
HEARINGS
CALL TO ORDER
The meeting was called to order by the Chairman at timeMinute30Hour186:30 PM.
Notice of Intent – Continuance…
6:35 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 Masons. Mr. Perry advised that examination was made to determine what occurred on lot. House plan shows it was greater than 50' from wetland. Wetland study concentrated on clearing because of season. There is a well established landscaping area around the stone fire pit. Wetland contains sweet pepper bush and blueberry which is in a dry area most of the time. Most of the rear portion of property was not altered at all. Property contains a significant red maple cluster that Masons are requesting to remove and replace with 2” caliper maple. Altered area would be enhanced by shrub groupings. Proposed garage is to be built on slab with little grading. Masons would like cedars planted adjacent thereto for privacy. Probably 80
or so arborvitaes will be planted of three or more varieties. Mr. Mason advised that he has maintained property for 25 years and in original Order of Conditions no mention was made of cutting trees or clearing brush and the then Commission told him anything under a 4” caliper could be cut. Commission made note that the Masons' son is aware of Conservation Regulations and any work in the 100' buffer requires approval from this body. Mr. Ballantine moved to approve plan provided that arborvitaes and evergreens be of three different varieties and permeable driveway to remain, Order of Conditions to be drafted at a later time; Mr. Schreibman seconding, motion carries. Mr. Schreibman moved to issue $50 fine to the Masons, Mr. Ballantine seconding, motion carries.
Notice of Intent – Continuance…
timeMinute45Hour206:45 Ann & Leo Higdon, timeMinute45Hour208 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 and Attorney Bill Crowell represented the applicants. Mr. Crowell acknowledged that his clients were ignorant of need to come before Commission. Property contains a gulley between wall and dune which formerly contained a tennis court. Property was bought by current owners approximately 20 years ago. Higdons would like to keep new patio in the same location but if Commission requests wall would be removed. He believes wall is not creating detriment to wetland as it does not touch the bank but owners are not willing to do mitigation in terms of lawn reduction. Another option would be to replace septic system with new Title 5 in side yard. Mr. O'Reilly added that Higdon’s would like to save cherry tree along with hedge and put perennial bed back. Would
like to install Title 5 in fall of 2009 or 2010. Mr. Crowell requested time to speak to his clients and come back before Commission. Mr. Schreibman moved to continue timeMinute45Hour20April 29, 2008, timeMinute45Hour206:35 pm, Ms. Slivka seconding, motion carries.
Notice of Intent
6:55 Joseph Hooley, 22 Wah Wah Taysee Road, Map 6, Parcel F1-10 – Plant strip of grass along deck in rear of dwelling.
Dan O'Leary represented the applicants. He advised that previous owners had placed sand around the deck and new owner would like to plant grass to keep sand out of house. Mr. Bourgoin suggested perhaps pavers as this request does not meet regulations. Mr. O'Leary noted that organic fertilizers would be used. Mr. Schreibman moved to deny project, Mr. Bourgoin seconding, motion carries, Messer’s. Ballantine and Ford opposed.
Notice of Intent
7:05 Joan Woelfel, 12 Allens Harbor Lane, Map 5, Parcel K1-50 – Perform maintenance dredging in a portion of Allen’s Harbor
Don Monroe represented the applicant. Property owner will join forces with Allen’s Harbor Yacht Club and Town in dredging project to make harbor more navigable. Ultimate goal is to dredge harbor with 1962 dredging line. Army Corps of Engineers will only allow dredging 25' water-ward of marsh grass. He advised that this project can comply with said request and still allow for channel access and protect shellfish along the edge of property. Army Corps of
Engineers sets conditions for dredging. Town dredging depends on funding. Mr. Bourgoin moved to approve the project, Order of Conditions to be drafted at a later time; Mr. Ballantine seconding, motion carries.
Notice of Intent
7:15 Lawrence McKevitt & Mary Ann Davidson 37 & 41 Nons Road, Map 5, Parcels W1-18 & W1-19 – Construction of a wooden/vinyl bulkhead to stabilize coastal bank and reduce siltation to and loss of shellfish habitat and still allow sediment to down-drift coastal beaches.
Norman Hayes represented the applicants. Project came before Commission in 1994 under Notice of Intent to permit 360' of coastal bank and Commission denied but superseding order from DEP was issued that allowed owners to develop a "soft solution". Over the years the applicants have spent a great deal of money to prevent erosion but it has not worked. Bank continues to move landward about 8' and if this continues, septic systems on those properties will require variances. Shellfish habitat is smothered by sediment. Proposing a vertical bulkhead and bank enhancement. There are no shellfish along 15' of McKevitt property. Proposed construction will take place east to west on properties. Project will meet timing of spawning shellfish between November 15 and December
15. Aubrey report noted that shellfish habitat has decreased by 54% in that area. Mr. Hayes suggested coming and reporting on water quality and have a discussion with DEP about sand in front of bulkhead. Mr. Schreibman moved to continue to May 21, 2008, Mr. Ballantine seconding, motion carries.
ORDERS OF CONDITIONS TO BE SIGNED
Gerard & Clare Richer, 35 Strandway – Mr. Ballantine moved to close the hearing and approve, Mr. Schreibman seconding, motion carries.
CERTIFICATES OF COMPLIANCE
Rebecca Elson Lewis - 19 & 23 Vacation Lane – SE 32-1729 – Mr. Bourgoin moved to approve, Mr. Ballantine seconding, motion carries.
APPROVAL OF MINUTES – timeMinute45Hour20April 1, 2008 – Mr. Ballantine moved to approve, Ms. Slivka seconding, motion carries.
ANY OTHER BUSINESS WHICH PersonNametimeMinute45Hour20MAY COME BEFORE THE COMMISSION
ADJOURN – timeMinute45Hour208:45 PM
Harwich Conservation Commission Date
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