Plymouth Conservation Commission Minutes of the Meeting November 13, 2018 Page 1 of 4 TOWN OF PLYMOUTH CONSERVATION COMMISION 508-747-1620 x 10139

MINUTES OF THE MEETING November 13, 2018

The Plymouth Conservation Commission held its regularly scheduled meeting on Tuesday, November 13, 2018 at the Plymouth Town Hall, 26 Court Street, Ropewalk Meeting Room, Plymouth, MA 02360.

Present: Sarah Trainor; Chair, Brendan Murphy; Vice-chair and Commissioners, Gerre Hooker, Robert Cunha, Karen Edwards, Frank Drollett and Bruce Howard

Absent: none

The Conservation Planner, Richard Vacca and the Administrator, Krista Lewis, were also present.

Disclosure: These minutes are not verbatim – they are the Secretary’s interpretation of what took place at the meeting. – Open Meeting Law, G.L. c. 30A § 22.

All materials presented during this meeting are available in the Conservation Office.

Administrative Business – May include topics not reasonably anticipated by the Chair 48 hours in advance of the meeting

OPEN HEARING BEGINS 6:00 PM Commissioners to review current Wetland Regulations and policies.

The Commission discussed changes to the Wetland Regulations and implementing new policies. The Commission proposed at its next regulations revision meeting to vote on each of the changes discussed. Public Health Director, Dr. Nate Horwitz-Willis, was present and added to the discussion regarding the portion on septic systems. Multiple audience members also added to this discussion.

7:00 PM Horatio and Cynthia Melo, 68 Shore Drive, Parcel ID 050-001-033-000. A Request for Determination of Applicability to remove an existing rear deck and construct a new rear deck with 4-ft. wide recessed stairs, in the Buffer Zone of a Coastal Bank.

Horatio and Cynthia Melo were present and presented their plan to the Commission. Rich Vacca asked for clarification on the size of the deck to be clarified on the plan as well as the distance from the deck to the edge of the coastal bluff. Horatio Melo clarifies the deck size and the distance from the edge of the coastal bluff on the plan. Bruce Howard motioned to issue a Negative Determination of Applicability for this project. Voted unanimously, 7:07 PM.

7:07 PM David R. and Eileen P. Gallerani, 14 Schubert Road, Parcel ID 098-000-017A-000. A Notice of Intent to demolish an existing house and re-construct a new 2-story house with utilities and amenities, in the Inland Resource area of Land Under Waterbodies and Waterways of Buffer Zone to Billington Sea. A waiver is requested for work for installation of a seasonal floating dock within the 35-foot no-touch Buffer Zone of Billington Sea. This project is subject to review by Natural Heritage and Endangered Species Program and MESA.

Mark Flaherty is present as representation for this project and presented the plan to the Commission. Rich Vacca asked Mr. Flaherty to send staff clarification on the inland bank and the BVW on the plan. Mr. Flaherty stated they would be applying for a Chapter 91 license for the existing docks. Bruce Howard motioned to issue an Order of Conditions with the clarification of the location of the inland bank and BVW submitted to staff. Voted six (6) to one (1) with Frank Drollett, in opposition, 7:16 PM.

Plymouth Conservation Commission Minutes of the Meeting November 13, 2018 Page 2 of 4

7:17 PM Matthew Nicholls, Saquish Beach, Parcel ID 132-000B-095-000. A Notice of Intent to replace piles supporting an existing home, replace or repair decking and stairway, and revegetate disturbed areas, in the Coastal Resource Areas of Coastal Dune/Barrier Beach, Coastal Beach, and Land Subject to Coastal Storm Flowage (FEMA

VE Zone). This project is subject to review by Natural Heritage and Endangered Species Program and MESA.

Sarah Trainor read a letter submitted by the representative, Brad Holmes, requesting to be continued until December 18th. Karen Edwards motioned to continue until December 18th time to be determined, unanimously approved 7:22PM.

7:25 PM Gwendolyn A. Joyal and Pamela Marshall Coleman, 90 and 94 Shore Drive, Parcel IDs 050-001-043A- 000, 050-001-044A-000, and 050-001-045A-000. A Notice of Intent to construct a stone revetment and stabilize the bank, in the Coastal Resource Areas of Coastal Beach, Coastal Bank, and Land Subject to Coastal Storm Flowage.

Brad Bertolo was present as representation for this projected and presented a plan and photos to the Commission. Mr. Bertolo added that the ramp would be used to move stones and sand would be dumped over the bank. Frank Drollett believed that it is not a good idea to install coastal stairs on an unstable bank and asked how this would work while attempted to stabilize the bank. Mr. Bertolo stated they would wait until the bank is stable to install the coastal stairs. Gerre Hooker asked to see berms planted on the top of the coastal bank to aid in stabilizing the bank. Bob Cunha asked for clarification on the “right of way” to the side of 90 Shore Drive as well as the homes on each side and if written approval to tie into their revetment wall had been sought. Sarah Trainor talked more about the proposed coastal stairs. Brendan Murphy motioned to approve this project with the following additional conditions: 1.) Coastal stairs on either property are not to be installed for two years and until consultation with the Conservation Planner is had on the stability of the bank 2.) Matts are used for the excavation machineries on top of the bluff 3.) Berms are to be planted on top of the bluff on both 90 and 94 Shore Drive 4.) A written statement from the abutters on each side of the proposed revetment agreeing to allow the revetment to be brought to the property line. Approved unanimously, 7:56 PM.

7:57 PM George Gadikis, 200 Warren Avenue, Parcel ID 042-000-004-002. A Notice of Intent to construct two additions, two porches, and a patio to an existing single-family house, in the Coastal Resource Area of a Coastal Bank. James Garfield and Gregory Morse were present as representation for this project and presented the plan with the Commission. The Commissioners asked for clarification and reasoning for the proposed work within the 35ft and 50ft Buffer Zone. Homeowner, Martin Hemsley, added to the discussion regarding the reasoning the project required work within the 35ft not touch Buffer Zone. Mr. Morse asked the Commission for a continuance to address the concerns with work within the 35 ft Buffer Zone. Bruce Howard motioned to continue the hearing until December 4th, time to be determined. Voted unanimously, 8:11 PM

(Continued from October 2, 2018) 8:12 Indian Bluffs Trust, off Cape Cod Avenue, PID 048-053-000C-000. A Notice of Intent for post facto construction of a community boardwalk, small deck, stairs, and revetment in the Coastal Bank Resource of Cape Cod Bay. Work is proposed within the 35-ft. no-touch zone. Sarah Trainor read a letter by representative, Mark Flaherty, into the record requesting a continuance to allow more information to be gathered. Bruce Howard motioned to issue a continuance to December 4th, 2018, time to be determined. Voted unanimously, 8:14 PM.

(Continued from October 30, 2018) 8:15 PM Absolute Building Consultants, 225 & 227 Long Road, Parcel ID 084-000-010-003 & 084-000-010- 004 (formerly 084-000-010-002). A Notice of Intent to demolish an existing dwelling and barn, construct a new dwelling including utilities and amenities, driveway, and site grading, in the Buffer Zone of a Bordering Vegetative Wetlands. Brad Bertolo was present as representation for this project and went through the plans with the

Plymouth Conservation Commission Minutes of the Meeting November 13, 2018 Page 3 of 4 Commission and addressed previous issues regarding the possibility of a vernal pool, conservation mixed to be used and specifying dumpster location. Rich Vacca spoke to the potential vernal pool and a possible shared driveway between the two parcels to get outside the 100ft Buffer Zone of the vernal pool. The applicant, Mike Mulligan, spoke to the Commission about two separate driveways and as Mr. Mulligan saw it the homes would have lesser value with a shared driveway. Abutters Doug Costa, Denise Costa and Bruce Vanfleet were present and spoke to the Commission about the vernal pool and their dislike for this project. Mr and Mrs. Costa submitted a video showing the wildlife around this vernal pool which was played. Rich Vacca recommends to the Commission to deny the project based on the project unable to accommodate new construction outside that 100 ft vernal pool Buffer Zone. The Commissioners continue discussion with the applicant and representative. Gerre Hooker asked if the applicant could use the existing driveway, Commissioners and the applicant discussed this. Sarah Trainor offered the applicant the ability to request a continuance to try reevaluating the issues and investigate the existing driveway option. The applicant did not want to continue. Frank Drolette motioned to deny this project based on the fact it could not meet the performance standards. Approved. Voted six (6) to one (1) with Gerre Hooker abstaining, 8:54 PM.

ADMINISTATIVE ITEMS

MINUTES: Approving minutes from October 30, 2018 Gerre Hooker motioned to approve the minutes from October 30, 2018. Approved unanimously, 8:54 PM.

ORDERS OF CONDITIONS: Domenic and Lydia Lalli, 147G Taylor Avenue, Parcel ID 045C-000-005-000. A Request for Determination of Applicability to upgrade a septic system in the Buffer Zone of a Coastal Dune at White Horse Beach. Bruce Howard motioned to issue Orders of Condition for this project. Approved unanimously, 8:55 PM.

Laurie A. Wollaston, 12 Shore Drive, Parcel ID 050-001-006-000. A Notice of Intent to construct a stone revetment, and fill, plant and stabilize, in the Coastal Resource Areas of Coastal Beach, Coastal Bank, and Land Subject to Coastal Storm Flowage. Bruce Howard motioned to issue Orders of Condition for this project. Approved unanimously, 8:56 PM.

Thomas E. Cherry, 8 Shore Drive, Parcel ID 050-001-004-000Z. A Notice of Intent to construct a stone revetment, and fill, plant and stabilize, in the Coastal Resource Areas of Coastal Beach, Coastal Bank, and Land Subject to Coastal Storm Flowage. Bruce Howard motioned to issue Orders of Condition for this project. Approved unanimously, 8:56 PM.

Richard F. Taylor, 16 Shore Drive, Parcel ID 050-001-008-000. A Notice of Intent to construct a stone revetment, and fill, plant and stabilize, in the Coastal Resource Areas of Coastal Beach, Coastal Bank, and Land Subject to Coastal Storm Flowage. Bruce Howard motioned to issue Orders of Condition for this project. Approved unanimously, 8:56 PM.

Ingram Family Realty Trust, Henry S. Ingram, Trustee, and Corinne T. King Trust Agreement of 2012, Corinne T. King, Trustee, 12 and 18 Driftwood Lane, Parcel IDs 043-000C-006A-000Z and 043-000C-009-000. A Notice of Intent to construct a stone revetment and stabilize a coastal bank, in the Coastal Resource areas of Coastal Beach, Coastal Bank, and Land Subject to Coastal Storm Flowage. Karen Edwards motioned to issue Orders of Condition for this project. Approved unanimously, 8:57 PM.

David Zorn, 10 Blueberry Road, Parcel ID 123-000-000I-018. A Notice of Intent to demolish and rebuild a deck, including landing and stairs, within the Buffer Zone of . A waiver is requested for work within the 35’ No-Touch Zone. Karen Edwards motioned to issue Orders of Condition for this project. Approved unanimously, 8:58 PM.

Plymouth Conservation Commission Minutes of the Meeting November 13, 2018 Page 4 of 4 CERTIFICATE OF COMPLIANCE: SE57-2601, 1 Swift Avenue. Placement of stone rip rap on inland bank. Brendan Murphy motioned to issue a Certificate of Compliance for this project. Approved unanimously, 8:59 PM.

SE57-2179, 82 Lake Road. Construct Addition and Garage. No action was taken. Staff informed the Commissioners that the applicant needed to fix the fence to allow migration of wildlife.

Bruce Howard motioned to adjourn, meeting adjourned unanimously 9:22 PM.