Conservation Commission Meeting
TOWN OF 
HARWICH
732 Main Street
Harwich, MA 02645
CONSERVATION COMMISSION 508 430-7538 FAX: 508 430-7531
HARWICH CONSERVATION COMMISSION
Tuesday, December 2, 2014 - 6:30 PM
DONN B. GRIFFIN ROOM
HARWICH TOWN HALL
MINUTES
Present: Chairman Walter Diggs, John Rossetti, Jane Fleming, Robert Sarantis, Brad Chase, Dean Hederstedt, Bob Hartwell, and Conservation Administrator Amy Usowski.
Absent: Bob Sarantis
6:35 Call to Order by Chairman Walter Diggs
Notice of Intent – Continuance….
6:35 John & Charlotte Randall, 1 Squash Meadow Rd, Map 99, Parcel G5-11 – Construction of a new single family dwelling with appurtenances. Work to take place in an ACEC and the 100’ buffer to a wetland.
Presenters: Russ Holden with Ryder and Wilcox, and Jack Randall, homeowner.
Amy Usowski stated that they had received a ‘no-take’ letter from the Natural Heritage and Endangered Species Program. The Commission had discussed the project at the previous hearing and they were just waiting for this last piece of information to vote. She recommends approval of the project.
Brad Chase motioned to close the hearing and to approve of the project; Bob Hartwell seconded. 4 in favor, 0 opposed, and 2 abstentions. Motion carried.
The Commission opted to do the Orders of Conditions for this project as they had been drafted and there was time before the next hearing. Bob Hartwell moved to approve the Orders of Conditions for 1 Squash Meadow Rd; John Rossetti seconded. 4 in favor, 0 opposed, and 2 abstentions. Motion carried.
6:40 Orders of Conditions – Frank Osborn, 3Wequasset Rd, Map 5, Parcel K1-36. Vista Pruning to include the elimination of invasive species to be replaced with indigenous species and the establishment of a 75’ x 20’ lawn at the base of the existing deck up to the boardwalk. Work to occur within a coastal dune and its buffer zone.
The cape cod lawn area shall be reduced to 65’ x 20’ so as to keep the bayberry that is thriving.
Brad Chase moved to approve the Orders of Conditions; Bob Hartwell seconded. 6 in favor, 0 opposed. Motion carried.
Request for Determination of Applicability – Continuance….
6:45 Arthur Hall Sr., 453 Depot Street, Map 36, Parcel T3 – Relocation of an existing access pathway to a cranberry bog, the shortest distance along the applicant’s property line and where it abuts the Town’s land going in an east/west direction approximately 683.61’ long by 16’ wide.
Alan and Caroline Hall were present to represent Arthur Hall. Amy Usowski gave a description of the proposal. Alan corrected that it was to relocate their deeded rights to Town property. He stated that he thinks that it is in the Town’s best interest. He would like the Conservation Commission to make a positive recommendation at Town Meeting. He stated that if the Conservation Commission and the Town opts to not support this, that he can use his existing rights of way through the Town’s property and improve them.
Dean Hederstedt stated that it is not in the best interest of the Hall family or the Conservation Commission to act on this until the legal work has been completed. It would be detrimental to the board to determine if the project has merits at this time.
Brad Chase stated that once the Commission received the title info and whether or not others had grandfathered rights to the rights-of-way the Hall family is offering to forfeit, that is doesn’t see a reason not to make a recommendation to support the project.
Dean Hederstedt motioned to close this hearing pending result of legal staff review. He stated that the conservation commission would re-advertise the project for them for the next hearing. Jane Fleming seconded. 6 in favor, 0 opposed. Motion carried.
Notice of Intent
6:55 Dennis Murphy, 293 Long Pond Drive, Map 103, Parcel S2-2 – Clear 19 trees to remove shade factor for solar panels on roof. Work to occur within the buffer zone to an overgrown bog.
The owner, Dennis Murphy, was present to represent himself. He described the project. He stated the company was the one who said that these 19 trees needed to be removed in order to achieve 80% effectiveness from the sun. Amy Usowski gave her report and recommended approval with the condition that the owner replant 60 native shrubs. The type, size, and placement could be incorporated into the Orders of Conditions.
Brad Chase asked that they add a few cedars to the east side of the house.
Bob Hartwell moved to approve the project, Jane Fleming seconded. 6 in favor, 0 opposed. Motion carried.
Notice of Intent
7:05 Cecile & Howard Curtin, 25 Harbor Way, Map 1, Parcel G1-3. – Raze and rebuilt an existing single family dwelling to include a drive-under garage, decks, septic upgrade, driveway reconfiguration and retaining wall. The project falls within the riverfront area, land subject to coastal storm flowage, within an area of salt marsh, and within the buffer zone to a coastal bank.
Lynne Hamlyn of Hamlyn Consulting was present to represent the applicant, who was in the audience. She described the project from the razing and rebuilding of the house to the restoration of an upper marsh area that comes onto the property. She stated that the new building will conform to the building code whereas now it does not.
Amy Usowski noted that the new structure will be closer to the wetland than the existing structure, and larger than existing. She stated that this is against the Harwich Wetlands Protection Bylaw for the 50’ No Disturb Zone. No new structures are allowed in the 50’ No Disturb Zone, and the Commission is strict against structures getting closer to wetlands than existing. She didn’t see the restoration of this segmented section of marsh as adequate mitigation for the amount of expansion in the 50’ NDZ proposed. Amy also noted however that she did not consider this a pristine marsh, as it was segmented off from the main marsh by a road, and was composed of both upper marsh plant life but some sparse lawn grasses as well.
Dean Hederstedt asked how many bedrooms are there currently and how many are proposed. Lynne stated that there are currently 4 and this is not proposed to change. Their location in the house will, but not the number.
Lynne stated that she is proposing a 2:1 mitigation ratio of restoration : new disturbance. The existing driveway will be scraped and plugged with grasses. They are proposing to use a split rail fence to be a barrier between the marsh and cape cod lawn. She noted that the driveway, which is disturbed, is closer than the proposed new structure. She stated that she is within 3 resource areas – salt marsh, coastal bank, and land subject to coastal storm flowage, in addition to being within the 50’ buffer zone to the salt marsh.
Jane asked for clarification of where we would regulate from. Amy mentioned that with three resource areas she didn’t know if you regulated only from the second one back; she would have to check. She did state that they are within the 50’ NDZ to the marsh, and the house is on the coastal bank.
Bob Hartwell asked about the mitigation for the driveway in terms of using the driveway and then restoring it.
Jane thanked Lynne for taking what the Commission previously requested at an informal meeting to heart, and for taking so much off the deck from what was originally proposed at that informal meeting.
Dean expressed that he was not in favor of enlargening the structure towards the water. He would like it to stay within the same footprint.
Brad Chase stated he was not in favor of building closer to the wetland. He asked what will be left along versus what will be actively restored. Lynne stated that the driveway with the stone would be removed and then plugged, but the lawn area would be left to regrow. Brad noted that this project showed a substantial increase in building in the inner/outer riparian zone. Lynne stated that the Riverfront Act allows you to increase disturbance if you provide mitigation. If they had to use the existing footprint, they would then use the same driveway and garage. Brad again noted that this was a large expansion in the resource area. Lynne mentioned she may file an RDA for a determination of the resource area delineation.
Dean Hederstedt motioned to continue the hearing until December 16, 2014. Brad Chase seconded. All in favor, motion carried.
Notice of Intent – Continuance…..
8:20 Peter and Lisa Hennessy, 637 Route 28, Map 15, Parcel P4-1 - Proposed installation of an access stairway and catwalk to a pier with a seasonal ramp and float; dredging to provide a more serviceable water depth. Proposed work to occur within Land Under the Ocean, a Coastal Bank, Salt Marsh, and Land Containing Shellfish.
Don Monroe of Coastal Engineering, Attorney Jim Stinson, and Marine Biologist Pamela Neubert of Stantec were present to represent the owners. Don described the project. He spoke of the setbacks to adjacent structures, which they meet. The previous iteration of the project showed a longer pier; they met the water depth requirement at the float without having to dredge with that conceptual plan. They still had requested dredging because they just met that requirement, and wanted to go deeper so as not to disturb the benthic environment with the boat prop or bottom. He noted that they will go before the Harwich Waterways Committee on December 17.
Don noted that this is considered a Category 2 project by the DEP Chapter 91 Waterways program, as it is proposed to be closer than 25’ to the property line to the east; Town property. The Town will need to sign off on the Chapter 91 license application. He then went through the resource area performance standards. There will be six eight inch piles below mean low water. The area does have some shellfish. Heinz Proft, Harwich Natural Resources Director, stated that the substrate is mucky and that it doesn’t support the earlier life stages of shellfish well.
Don stated that dredging this site will actually benefit shellfish and will eliminate the turbidity caused by prop wash. They are requesting to be able to dredge to a depth of 4ft. There is no eel grass within 100’ of the site (or within Wychmere Harbor at all) and it is not within a fish run.
Pam Neubert described her methodology for the shellfish sampling she completed. Only quahogs were found, no other types of shellfish. 27 adult quahogs were located in the 132 sampling stations. The sediment is fine and silty and clogs the rake. No juveniles were found, and the quahogs were found in the black mud. Heinz Profit noted in his letter that this was not conducive to shellfish habitat. She stated that the project is not within state mapped shellfish habitat, but the town maps show it as quahog/oyster habitat. She believes this habitat could be improved with the proposed dredging. She said it is beneficial to get the anoxic mud out both for shellfish and water quality.
Bob Hartwell questioned whether they could have a dock at all since it is town mapped shellfish habitat. Amy stated that it could potentially be allowed even though it is town mapped, since it is not state mapped shellfish habitat and we have a letter from the Natural Resources Director stating that the sediment at this site is not ideal for shellfish.
Attorney Jim Stinson offered shellfish mitigation as part of an approval.
Brad Chase motioned to continue the hearing until January 8, 2015, so the applicant could go to Harwich Waterways. Dean Hederstedt seconded. All in favor, motion carried.
Orders of Conditions:
4 Fiddler’s Landing: Brad Chase moved to close the hearing and to approve of the denial under the Harwich Wetlands Protection Bylaw. Bob Hartwell seconded. Vote was 4 in favor of the motion, 0 opposed, and 2 abstentions. Motion carried.
9:50 - Brad Chase motioned to adjourn the meeting, Jane Fleming seconded. All in favor, meeting adjourned.
Minutes transcribed by Amy Usowski, Conservation Administrator
Attendance Sheet for December 2, 2014
Conservation Commission Hearing
John Randall
Dennis Murphy
Carolyn Hall
Alan Hall
Russ Holden
Don Monroe
Pam Neubert
Jim Stinson
Lynne Hamlyn
Cecile Curtin
Mary Lou Cahalane
William Cahalane