Conservation Commission Meeting
TOWN OF 
HARWICH
732 Main Street
Harwich, MA 02645
CONSERVATION COMMISSION 508 430-7538 FAX: 508 430-7531
HARWICH CONSERVATION COMMISSION
Wednesday, February 4, 2015 - 6:30 PM
Donn B. Griffin Room
HARWICH TOWN HALL
MINUTES
Present: John Rossetti, Robert Sarantis, Bob Hartwell, Brad Chase,
Conservation Administrator Amy Usowski and BOS Liason Linda Cebula.
Absent: Walter Diggs, Dean Hederstedt, and Jane Fleming,
6:35 Call to Order by Vice Chairman Brad Chase
Notice of Intent
6:35 John & Leslie Hardy, 26 Walkerwoods Drive, Map 94, parcel A5-7 – Seasonal pier/dock; vista pruning within land under a water body, inland bank and a bordering vegetated wetland.
Presenter: John O’Reilly, J. M. O’Reilly & Assoc. Inc.
Mr. O’Reilly said he had met with Harbormaster, John Rendon and will meet with Waterways Committee on February 18, 2015. He explained the pruning plans for the project and said they will accommodate the pruning of the sweet pepper shrubs near the pond to the height recommended by HCC.
Amy Usowski said that HCC cannot close the hearing this evening since Waterways must approve the project first. She said that she is agreeable to the plans for off-season dock storage on the wooden platform at the bottom of the slope to the pond since it will be on a pre-existing structure, as long as it is tied down securely. Ms. Usowski also recommended pruning only to 5’ or 6’ near the water.
John Rossetti inquired as to how often sweet pepper bush needed pruning. Answer, periodically with HCC approval.
Motion made by Bob Sarantis to approve the project for 26 Walkerwoods Drive, pending approval by Waterways Committee. Seconded by John Rossetti. Voting in favor Commissioners: Rossetti, Chase, Sarantis, and Hartwell. Motion carried.
Notice of Intent – Continuance …
6:44 Rita C. Stevens, Trustee, Stevens Wequasset Trust, 19 Wequasset Road, Map 5, Parcel K1-41 –
Re-organizing/re-construction of exterior landscape amenities, redesign of exterior planted areas; and construction of a new timber retaining/flood control wall all within land under water containing shellfish, salt and brackish marsh and land subject to coastal storm flowage.
Presenters: Arlene M. Wilson, A. M. Wilson Associates, Inc. and Ben Stevens, Owner
Ms. Wilson explained a revised plan for the project which included fiber roll placement and grading. She stated more mitigation planting planned to total of 2083 sf ; 6 to 1 mitigation for replacement of hardscape:
- 386 sf of existing hardscape (0-50’ buffer)
- 384 sf proposed hardscape (0-50’ buffer)
- 345 sf new hardscape (outside of existing) 1380 sf of mitigation required (4:1)
- 345 of existing hardscape removed
- 1,581 sf of lawn removed and converted to mitigation
Amy Usowski said the project has come a long way. Soft fiber rolls meet HCC standards. She said that periodic maintenance would be conditioned. She recommends approval.
John Rossetti said it was a great re-model plan. He asked for a clarification of the gate area and the grading.
Brad Chase inquired regarding the expected duration of fiber rolls. Ms. Wilson said she is familiar with the use of fiber rolls in the Barnstable area and she expects them to last approximately 20 years.
Mr. Chase asked if she expects any changes in the salt marsh. Ms. Wilson said it will be a long time before the salt marsh changes. She does not believe the project will have any hazardous effect on the salt marsh.
Amy Usowski recommended 3 to 5 year monitoring by HCC and re-planting as needed.
Motion made by Bob Sarantis to accept the project for 19 Wequasset Road with the changes made as presented this evening. Seconded by Bob Hartwell. Voting in favor Commissioners: Rossetti, Chase, Sarantis, and Hartwell. Motion carried.
Order of Conditions
7:00 Cecile & Howard Curtin, 25 Harbor Way, Map 1, Parcel G1-3 – Raze and rebuild 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 the buffer to a coastal bank.
Motion made by Bob Sarantis to approve the Order of Conditions for 25 Harbor Way with the removal of the split rail fence to Special Conditions. Seconded by Bob Hartwell. Voting in Favor Commissioners: Chase, Rossetti, Sarantis and Hartwell. Motion carried.
Order of Conditions
7:05 Kurt Hedmark (for) Gregory Manocherian, 35 Snow Inn Road, Map 8, Parcel F1 – Remove and rebuild existing boathouse, construct sheet pile bulkhead and construct wood boardwalk within a coastal bank, coastal beach and land subject to coastal storm flowage.
Motion made by Bob Hartwell to approve the Order of Conditions for 35 Snow Inn Road. Seconded by John Rossetti. Voting in favor Commissioners: Chase, Rossetti, Sarantis and Hartwell. Motion carried.
Certificate of Compliance
7:07 Ed Acton for Harwich House, 26 Pleasant Lake Avenue, SE 32-938
Motion made by Bob Hartwell to approve Certificate of Compliance for 26 Pleasant Lake Avenue with provision for ongoing compliance of storm drain. Seconded by John Rossetti. Voting in favor Commissioners: Chase, Rossetti, Sarantis, and Hartwell. Motion carried.
Notice of Intent
7:08 Plunkett/Winston LLC, Braddock Inc. d/b/a Winstead Inn & Beach Resort, 4 Braddock Street, Map 7, Parcel F17 – Proposed beach cleaning, maintenance, and nourishment including installation of snow-fencing from late fall to spring; work to occur at the above Mean High Water Line of a coast beach on Nantucket Sound.
Presenter: Greg Winston
Mr. Winston requests approval for beach maintenance which he says has been going on for years.
Amy Usowski said she is working with Mr. Winston, as well as everyone in town, to be in compliance with HCC beach cleaning acceptability.
Mr. Winston spoke about his observations of piping plovers. He said he is working with MA Audubon.
Ms. Usowski discussed equipment, fencing, etc. allowed by HCC. She recommends Beach Regulations in Order of Conditions. She said that before the hearing can be closed, it required Natural Heritage approval.
Brad Chase inquired regarding High Water Mark for clarification.
Motion made by Bob Sarantis to continue to February 18, 2015 for Natural Heritage Approval. Seconded by Bob Hartwell. Voting in favor, Commissioners: Chase, Rossetti, Sarantis, and Hartwell. Motion Carried.
Notice of Intent
7:25 Alvin & Helen Silverstein, 5 Edith Grove Road, Map 80, Parcel F5 – Construct and maintain access stairs and a deck over an inland bank and within a bordering vegetated wetland, including installation of a dock within the waters of Hinckleys Pond for private boating access.
Presenters: Mark Burgess, Shorefront Consulting; Craig Schneeberger, Arborist; Mr. Alvin Silverstein, applicant
Mr. Burgess explained the project and the fact that there is no existing access to the pond at this site. The slope to the pond is gradual until the last 20 feet or so, at which point the grade becomes too steep to transit on foot safely. The vegetation at the waterline is dense and impenetrable. The proposed access steps and stairs will allow the applicants to safely access the water front and the proposed tree removal will protect the bank from damage should these trees blow completely over in a storm.
Mr. Schneeberger explained that the project includes the removal of 8 large pine trees on the bank slope. All but one of these trees is leaning, with most developing a severe lean over the bank slope. The trees are also located on the steepest part of the slope. If these trees were to fail and completely topple over, the bank would be severely eroded from the root ball coming out of the ground. He said the trees will be hand carried out wherever possible and their aim is to do as little damage as possible and replace the trees with native planting mitigation.
Mr. Burgess stated that they are to go before Waterways Committee on February 18th for approval.
Amy Usowski said she does not question Mr. Schneeberger’s plan for trees and the mitigation. She said she does have some concerns regarding the platform (large deck over a sensitive area). She would like to see a 4’ walkway; small storage bench; and the deck minimized to protect the pristine area.
Bob Hartwell expressed concern with the size of the deck (unusually large). He inquired regarding the stump of the trees left.
Mr. Schneeberger explained the reasoning for leaving the stumps undisturbed and said he does not expect regrowth from the stumps.
John Rossetti asked for clarification of the stair placement.
Bob Sarantis inquired about the fixed section on the dock.
Brad Chase expressed concern for future development of the area and protection of the resource. He inquired regarding: storage plan; number of pilings; and expectation of erosion around the pilings.
Mr. Burgess did not expect erosion from the pilings.
Mr. Chase said he is concerned regarding loss of a resource by creating additional beaches.
Mr. Burgess and Mr. Schneeberger said they do not expect that to happen in this area.
Mr. Chase and Ms. Usowski expressed that they still have concerns regarding the size of the structure.
Mr. Schneeberger discussed mitigation plantings.
Motion made by Bob Sarantis to continue to February 18, 2015 after Waterways approval. Seconded by Bob Hartwell. Voting in Favor, Commissioners: Chase, Rossetti, Sarantis, and Hartwell. Motion carried.
Request for Determination of Applicability:
8:23 Charles & Kathleen Gruszka, 221 Division Street, Map 18, Parcel G1-3 -
Proposed upgrade of an existing septic system to a Title 5 system within the buffer zone to a bordering vegetated wetland (overgrown cranberry bog). Equipment access shall traverse land within the 100-year flood zone.
Presenters: David C. Bennett, Bennett Environmental Associates; Jesse Bean, Bennett Environmental Assoc.; Mr. and Mrs. Gruszka present.
Mr. Bennett explained the project.
Amy Usowski said it is an improvement over the existing condition. There would be no vegetation removed other than the lawn. She recommends a Negative Determination #3.
Motion made by Bob Sarantis to approve the project at 221 Division Street with a Negative Determination #3. Seconded by Bob Hartwell. Voting in favor Commissioners: Chase, Rossetti, Sarantis, and Hartwell. Motion carried.
Notice of Intent – Continuance …
8:29 Vincent & Jeanne Helfrich, 23 Snow Inn Road, Map 8, Parcel P2 – Request to increase the permitted float size from 4’ x 30’ (permitted under DEP file #SE 32-2112) to 6’ x 30’ float in land under the ocean in Wychmere Harbor.
Presenter: Don Munroe, Coastal Engineering, Inc.
Mr. Munroe expressed apology on behalf of his applicant for being unable to be present. He said his applicant is willing to come back and needs HCC approval to move forward with other licensing approvals.
Amy Usowski said that HCC approved a 4’ x 30’ float last year stipulating in the conditions that it is to be no larger. Mr. Helfrich installed a 6’ x 30’ float in violation of his orders and applied for a DEP Chapter 91 Waterways license. He has now applied for the larger size float so that he can legally have it. Waterways have approved it from a navigational standpoint. She recommends approval as it still meets HCC requirements.
Bob Sarantis asked for a clarification of seasonal floats.
Brad Chase expressed his concern for non compliance with previous variance.
Discussion followed with Mr. Munroe saying that he cannot explain why the 6’ x 30’ float was built. Waterways have approved the structure. He wants to move forward with compliance of regulations and monitoring of engineering project to make sure it is in compliance during construction.
Brad Chase asked that the record show concern for the past non compliance.
Amy Usowski said that docks are usually done quickly, so there is no monitoring during construction.
John Rossetti asked for explanation of re-applying for variance for 6’ x 30’ structure.
Mr. Munroe said that Waterways expressed the same concerns for the infraction. He said that process through Chapter 91 has worked – not immediately, but agency review is in process. Mr. Munroe said that if it meets Performance Standard, it must be approved.
Ms. Usowski said that a fine can be imposed for the infraction, but applicant can still appeal and re-apply.
John Rossetti expressed concern for setting a precedent for overlooking an infraction.
Discussion regarding fining for past infraction, but approving application because it meets Performance Standard.
Motion made by Bob Hartwell to approve 23 Snow Inn Road application to permit float size of 6’ x 30’. Seconded by John Rossetti. Voting in Favor Commissioners: Rossetti, Hartwell and Sarantis. One Abstention: Commissioner Chase. Motion passed.
Motion made by Brad Chase to fine applicant, Vincent Helfrich, 23 Snow Inn Road $300.00 for the infraction of the Order of Conditions in building a float 6’ x 30’ and not the 4’ x 30’ float approved by the HCC. Seconded by Bob Sarantis. Voting in favor Commissioners: Chase, Rossetti, Sarantis, and Hartwell. Motion carried.
Order of Conditions
9:12 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.
Motion made by Bob Sarantis to approve Order of Conditions for 637 Route 28 with added stipulation under Special Conditions to include Shellfish Mitigation of 30 bushels per year (2/3 quahogs and 1/3 oysters) for three (3) years. Also, “as built for pier” condition regarding dredging. Seconded by Bob Hartwell. Voting in favor Commissioners: Chase, Rossetti, Sarantis, and Hartwell. Motion carried.
Minutes
9:18 Minutes of January 21, 2015
Motion made by Bob Sarantis to accept the Minutes of January 21, 2015 with edits noted. Seconded by Bob Hartwell. All in Favor.
Discussion
9:21
- Additional Meeting to discuss HCC issues – mid to late morning meeting on Fridays under consideration.
- MACC Conference Registration.
- Town Wide Clean up Day – tentatively set for May 2.
- Bob Hartwell encourages HCC backing for plastic bag prohibition.
Motion made by Brad Chase that HCC Support Plastic Bag Petition. Seconded by Bob Sarantis. All in Favor.
Adjourn
9:35 Motion to Adjourn made by John Rossetti. Seconded by Brad Chase. All in Favor.
Minutes transcribed by Board Secretary, Marie A. Hickey
HARWICH CONSERVATION COMMISSION
FEBRUARY 4, 2015
SIGN IN SHEET
Don Munroe Coastal Engineering
John O’Reilly J. M O’Reilly Assoc.
Arlene Wilson Arlene Wilson Assoc. Inc.
Ed Acton 25 Cottage Ave., Harwich Port
Mark Burgess Shorefront Consulting
Alvin Silverstein 5 Edith Grove Road
Helen Silverstein 5 Edith Grove Road
Craig Schneeberger Cape Tree Llc
Kathleen Gruszka
Charles Gruszka
David Bennett Bennett Environmental
Jesse Bean Bennett Environmental