Conservation Commission Meeting
TOWN OF HARWICH
732 Main Street
Harwich, MA 02645
CONSERVATION COMMISSION (508) 430-750-7538 FAX: (508) 430-7531
HARWICH CONSERVATION COMMISSION
Wednesday, February 3, 2016
Donn B. Griffin Hearing Room
HARWICH TOWN HALL
MINUTES
PRESENT: Walter Diggs, Chairman; Brad Chase; Robert Sarantis; Robert Hartwell; Carolyn O’Leary, and Amy Usowski, Conservation Administrator
ABSENT: John Rossetti and Ernest Crabtree
6:32 PM Call to Order by Chairman Walter Diggs
HEARINGS
Notice of Intent – continuance
6:34 David Tourigny, 4 Chase Street, West Harwich, Map 4 Parcel N3-B: Constructing pavestone walls & planting shrubs, trees & perennials.
Presenter: Rockwood Clark
Mr. Clark said that changes in the plan included: no walls or fire pit. There would only be plantings.
Amy Usowski stated that the following would be included in the Order of Conditions: No hardscape of the patio (only pervious material allowed). She also said no irrigation in the buffer zone, only above ground drip irrigation for two growing seasons; no underground irrigation; wood walls stay; no fertilizer. No Certificate of Compliance would be issued until after two growing seasons.
Motion made by Bob Sarantis to accept the project at 4 Chase Street with plantings, pervious patio, and drip irrigation for two growing seasons. Seconded by Bob Hartwell. Voting: 5-0-0.
Notice of Intent – continuance
6:43 HFH Development, LLC, Sisson Road, Harwich, Map 31 Parcel D-4: Placement of fill so as to provide the required side slopes for a proposed roadway. The necessary clearing and proposed grading are the only activities within the 100’ buffer zone to vegetate wetland. Disturbed areas will be re-vegetated.
Presenter: John O’Reilly and Peter Donovan.
Mr. O’Reilly stated that they have a letter from Natural Heritage and are working with the Planning Board. Amy Usowski said that Natural Heritage is not reviewing just the roadway, but the entire subdivision. HCC is only reviewing the roadway plan. She said that Natural Heritage is reviewing the plan with regard to the project having an impact on the mapped habitat of an endangered species, specifically the Box Turtle. Ms. Usowski recommends approval subject to Natural Heritage in the Order of Conditions. No work could be completed until the applicants have received approval from MESA for the work.
Bill Kavaleski of 138 Forest Street said he spoke at the last meeting regarding endangered species and said he spoke with Emily Holt from the Division of Fisheries and Wildlife. She told him it was private property, and she could not provide information. He presented HCC a copy of a letter from Division of Fisheries & Wildlife to Kathy Clobridge (neighbor) dated July 21, 2006.
Amy Usowki said that Natural Heritage reviews Habitat for Endangered Species on an annual basis. She said that the HCC has to go by what is present and presented in 2016.
Mr. O’Reilly said he spoke with Mark Copperman regarding Box Turtle and its habitat location, which is not in the area at issue.
Kathy Colbridge said the letter was old. She would like to know from the state what is or is not under consideration. Mr. Kavaleski asked regarding wetlands and Lot #8. He said he would surprised if there is a habitat in lot #8 that would not be in other lots. Amy Usowki said the town has been approached regarding a donation of Lot #8.
Mr. O’Reilly said that he does not object to conditions needed to comply with MESA and the preliminary approval on the footprint from Natural Heritage.
Motion made by Bob Sarantis to accept the project for HFH Development, LLC Sisson Road with the five conditions identified by Natural Heritage: (1) Box Turtle protection plan; (2) Box Turtle nesting habitat creation on Parcel D-3; (3) Proposed mechanism of funding nesting habitat and maintenance; (4) Proposed draft instruments to create easements and deed restrictions for areas outside the limits of work. (5) A recordable monumentation and signage plan and approval from MESA. Seconded by Carolyn O’Leary. Vote: 5-0-0.
Notice of Intent – Continuance
7:02 Francis & Debra Zarette, 11 Harbor Way, Harwich, Map 1 Parcel H3-0; Proposed site redevelopment and fish house reconstruction.
Presenters: Don Munroe, Coastal Engineering Co., Inc.; Atty. William Crowell; Francis Zarette present.
Atty. Crowell asked how many votes of the HCC were needed for a permit. Chairman Diggs answered four. He stated that they were here to respond to Conservation issues discussed at the last meeting only.
Don Munroe said he feels concerns have been met regarding the Chapter 91 issue, and that they needed to come before the Conservation Commission primarily for the record and storm water issues to be addressed.
Roger Michniewicz discussed Mean High Water and the project as a redevelopment and an opportunity to improve the existing site conditions.
Amy Usowski inquired as to the height of the building. Mr. Monroe referred to a letter with specifics. Bob Sarantis stated that the letter was only received by the Commission this evening and that the Commissioners had not had an opportunity to review it. Mr. Michniewicz then discussed specifics of the height of the building and Mean Water levels.
Amy Usowski referred to correspondence from the Massachusetts Division of Marine Fisheries: Time of year restriction recommended. No silt-producing activities from January 15 to June 30 and September 1 to November 15 to protect winter flounder and herring; this project will improve current habitat conditions; recommend removal of bulkhead entirely; if project absolutely needs a bulkhead, they suggest a lower profile one like a wash over bulkhead or sills. Also, project needs a propagation permit
from Marine Fisheries. Ms. Usowski also referred to the pre Bylaw (grandfathered) application and said this project should not be reviewed as brand new, but a replacement.
Carolyn O’Leary referred to a letter from Lynne Hamlyn Consulting regarding Chapter 91. She inquired as to time of year for the project and asked when they would start the project. Mr. Munroe said they have used silt curtains in other similar projects in driving piles (similar to the Allen Harbor project). As to start date he said tomorrow, and finish in 4 weeks.
Bob Hartwell addressed issues of ground water and bulkheads. Mr. Munroe said that bulkheads simply stabilize the salt marsh and allows it to thrive.
Bob Sarantis addressed issues of silt. He wanted to discuss issues unresolved at the last meeting regarding easement. Atty. Crowell said it is complicated and is working with two property owners and prior use as well as issues over property taken by town in eminent domain.
Ms. Usowski addressed issues of parking spaces; public parking; right of walkway to the beach; rail fence, and the material to be used for the parking area. Mr. Munroe said signs saying “No Parking” proposed.
Ms. Usowki asked regarding Zoning Board approval. Atty. Crowell said there was no need to go to Planning Board of Appeals. Ms. Usowki said she would speak with David Spitz, Planning Board Administrator regarding jurisdiction by Herring River.
Lynne Hamlyn reviewed comments specific to HCC issues. She spoke to Chapter 91 License issue. She feels that Chapter 91 is a little misleading in this case.
Atty. Crowell disputed Ms. Hamlyn’s assessment of Chapter 91 in this case. He feels it is a conclusionary assessment on her part. Mr. Munroe also addressed Chapter 91 issue. He referred to the building being in place prior to 1973.
Atty. Neil Glick representing 18 Harbor Way neighbors discussed what he thinks is a flawed project (whether or not it is a reconstruction or not) of the 1930 fish house project. He said the 1930 structure is not there anymore (destroyed by storms, fire, etc.). He said the building is not the same as the 1930 structure. He said that this is a 100% new construction in a resource area in the Herring River in an area designated by the town as a historical area. He suggests it is not an improvement. He suggests that the HCC require applicant to make improvements in compliance with new development. He submits that a variance is required. If the ramp is in Zoning Board jurisdiction, he contends applicant needs to come up with a plan and design (stamped) that is in compliance with town regulations. Mr. Glick repeatedly referred to Lynne Hamlyn’s assessments and requirements. He said building attached is 9’ high and 7.2’ is habitable. He states that the building impedes neighbors view. Mr. Glick says that the upper level is only for electrical maintenance, but he says it is habitable. He also addressed issues regarding the bulkhead and showed pictures he said were taken two weeks ago.
Atty. Crowell rebutted Atty. Glick’s statements regarding restoration of the fish house being consistent to historical preservation. He states that the applicant has no plan to inhabit the second floor. He said he would hate to see the project not go forward because he feels it is a win-win for the town and the neighbors.
Francis Zarette showed old building sketch super imposed with proposed building plan. Mr. Zarette stated his engineering and environmental engineering qualifications, and his experience with permitting boards. He said the ramp does not affix to the building and conforms to zoning and building requirements. He rebuked statements made this evening as being erroneous. He said that from a historical, environmental, and engineering perspective, he defends his position. He noted that there were fishing industry representatives present this evening and he wants to comply with all state and town regulations.
Gwen Bucks, an abutter said she is concerned about the future of the property next to her. She is concerned regarding flooding and the bulkhead. She wants a study done regarding these issues.
Bob Hartwell asked for clarification of Mr. Zarette’s superimposed sketch. “Red” is new, “Black” is old. Mr. Glick disputed the sketch, saying is it not of the existing building.
Amy Usowski said that if any added information is needed, the hearing would need to be continued and not to close it to public comment.
Bob Hartwell referred to Lynne Hamlyn’s notes regarding area of poles removed and plantings. He said he feels it is vague. Mr. Michniewicz said the drawing displayed shows views after the poles were removed and that trash would be removed and vegetation augmented. Mr. Munroe wants direction from HCC on what they want and he wants to move forward. He said he is concerned regarding the amount of information being addressed at the last minute. He would like commissioners to make a decision.
Bob Sarantis said he wants the vegetated area around the parking area addressed. He would like to see a restoration plan and wants town codes met. Amy Usowski said those issues could be tightened up and conditioned.
Carolyn O’Leary said she would like an opinion from Town Legal Counsel.
Atty. Crowell said attorneys would work with abutters and neighbors as a separate issue from HCC concerns.
Brad Chase said he wants a salt marsh restoration plan and a discussion regarding the future of a bulkhead or its alternative to protect existing structure and a profile of the historical structure.
Amy Usowski said she would ask Greg Bergman from the county to offer an opinion. Chairman Diggs asked Ms. Usowski to compile a list of conditions for Mr. Munroe.
Mr. Zarette stated he will work with neighbors on non- conservation issues.
Atty. Glick commented that he is concerned regarding closing the hearing to public opinion.
Brad Chase said he does not object, but that he wants to move forward as this is the third hearing for this case.
Lynne Hamlyn addressed variance issue in parking area and an alternative analysis.
Mr. Munroe stated that storm water management may be impossible to provide.
Motion made by Bob Sarantis to close the hearing to public opinion and continue to February 17, 2016. Seconded by Bob Hartwell. Vote: 2-3-0. Motion failed.
Motion made by Brad Chase to continue to February 17, 2016. Seconded by Carolyn O’Leary.
Vote: 4-1-0.
Notice of Intent
9:10 Bryan Barrows, 481 Great Western Road, Map 39, Parcel A18 – Install new foundation for existing house which is to be relocated 5’ east of its existing location and construction of an 80 sf garage addition, disturbed areas to be replanted with native plantings.
Presenters: Dan Croteau, Moran Engineering Assoc., LLC, and Bryan Barrows.
Mr. Croteau says the applicant bought the property from his grandmother and wants to fix the dilapidated house and foundation. They have cleaned up a lot of debris and continue to do so up to the wetland. A landscape plan has been submitted.
Amy Usowski stated that all work is outside of the 50’ buffer. The house is currently in the 100’ buffer, and is just being moved 5’ east. The closest point of the home to the wetland would be 63’. There would be no formal lawn, but just a conservation grass seed mix with no irrigation. In addition they would like to plant 4 native trees as well as native shrub buffer. The plants they are proposing are suitable for this location. All roof runoff would go into gutters and drywells within the work limit area. She recommends approval with no adverse impact to the Wetlands.
Bob Sarantis inquired regarding plans for a patio. They said that there are no plans for a patio.
Motion made by Bob Sarantis to accept the project at 481 Great Western Road. Seconded by Bob Hartwell. Vote: 5-0-0.
Notice of Intent
9:17 Harbor Road, LLC, 13 Harbor Road, Map 8, Parcel S31 – Construction of two small entryway additions on landward side of existing house; removal of existing lawn and planting of a vegetated buffer-strip between the house and coastal bank.
Presenter: Sean Riley, Coastal Engineering CO. Inc. representing applicant.
Applicant, Paul Manning requests variances from the Harwich Wetlands Protection Regulations to allow for work to occur within the 50’ “No Disturb Zone” to a Coastal Bank. The proposed work will include the construction of 2 small entryway additions on the landward side of the existing house. They are also proposing the removal of existing lawn and planting of a vegetated buffer strip between the house and the coastal bank. Due to the unusual topography one entryway is completely in and the other partially in the 50’ buffer zone. They are offering 2 to 1 mitigation in the south east corner.
Amy Usowski recommends approval of the project and variance with 2 to 1 mitigation or 300 sf in the form of a buffer strip between the lawn and the bank. She recommends Carolina Rose and Beach Plum plantings. She feels the mitigation would greatly improve this site.
Motion made by Bob Sarantis to approve the project and changes in planting plan for 13 Harbor Way. Seconded by Bob Hartwell. Vote: 5-0-0.
Notice of Intent
9:25 Sangiolo Associates, 9 Skecheconet Way, Map 4, Parcel C1-3 – Proposed removal of old piers from rotted wood bulkhead to be disposed of offsite; removal of invasive plant species and dead plants to at coastal bank to be replanted with native species, enlarge existing terrace/patio, driveway and parking area; construct 26 x 26 garage.
Presenter: Susan Sangiolo owner and applicant for 9 Skecheconet Way.
Ms. Sangiolo explained the project and plan for removal of invasives; existing raised patio requires repair. Plan includes design of walkways. The garage is to be in a future phase. She proposes a shell driveway; all native plantings, and regrade where cedar trees were.
Amy Usowski stated that some invasives have been cut and only invasives which is a positive. She questions the removal of trees. Applicant feels the trees are compromised from the invasives and is willing to replace with some trees. Ms. Usowski suggests a double row of plantings along the buffer. She says the patio is in the 50’ buffer and there can be no addition to hardscape in the 50’ buffer. The house is a 1780 dwelling. On a previously developed (pre-1996) lot, you cannot alter more than 10% of the Riverfront Area on that lot. Ms. Usowski would like mitigation ratio for the garage. She does not recommend addition to the patio.
Bob Hartwell asked if the garage is part of this application. Ms. Sangiolo said yes.
Bob Sarantis said there should be no new construction in the 0 to 50’ buffer, but it may be a tradeoff with taking one patio and extending the other with a net gain of 360 sf. He does not recommend extending the existing patio. Bob Hartwell discussed the differences in pervious and impervious material in the patio.
Brad Chase does not think this plan meets with the 10% alteration clause. He said the language for the patio variance does not work for him, and he wants a definite square foot mitigation figure.
Motion made by Bob Hartwell to continue to February 17, 2016 with a revised plan in larger scale to be provided. Seconded by Bob Sarantis. Vote: 5-0-0.
Notice of Intent Under By Law
9:53 Walsh Brothers Building Co., Inc. 5 Sea Street Ext., Map 7, Parcel D22 – Development of a vacant lot with a single family dwelling, associated utilities and site work. Application is being filed under the local bylaw only.
Presenter: Atty. Richard J. Gallogly, Rackemann, Sawyer & Brewster
Mr. Gallogly stated that they are asking for a variance.
Amy Usowski stated it is a bylaw only application. The structure is entirely in the 50’ No Disturb Zone. The structure would be on pilings near a resource and the leaching field would be near a resource area. She said she could not recommend approval.
Atty Gallogly said that there are other houses in the area, and he does not feel it makes any greater impact.
Carolyn O’Leary addressed the issue of adverse impact to a resource.
Bob Hartwell asked about the issue of setting a precedent. Amy Usowski said there are some re-builds and pre-existing construction. No new variances in 0 to 50’ under Wet Land Protection Act.
Atty. David Reid said a variance relies heavily on DEP and the Order of Conditions, and not just a determination of Harwich bylaws. He urges not to accept the applicant’s application. He stated that some properties do not qualify for development. In some cases the HCC has to say no. This is one of those cases. All of the property is in the 100’ buffer. All of the house is in the 50’ buffer; 57% permanently covered by hardscape. He said this property is not just waiting to be developed. There is a well-worn path to the beach only.
Arlene Wilson of A.M. Wilson Associates, Inc. stated that in the Notice of Intent the applicant stated that he is not restricted. She said that that is incorrect. She has architectural plans from previous years. She contends the plan is grander than what is portrayed. She brought up the issues of a fireplace, outdoor shower, covered deck etc. She said regulations are supposed to show benefit and not just no impact. She also said no mitigation is offered and is needed for a variance.
Atty. Gallogly stated that it is “beach property” and taxes are being paid as a buildable property.
Amy Usowski said that there was a letter presented to the HCC from the Woods Hole Group tonight as new information and that the HCC has not had opportunity to go over this new information.
Motion made by Brad Chase to continue the hearing on 5 Sea Street Ext. to February 17, 2016 for the HCC to review additional information. Seconded by Bob Sarantis. Voting: 5-0-0.
10:30 PM (approximately) Later in the evening applicants and attorneys came back to say they objected to a continuance on new information based on bylaw.
Arlene Wilson asked to leave the record open to deliberate on the information.
Applicant asked to close the hearing and deliberate for 21 days.
Motion made by Brad Chase to re-open for discussion 5 Sea Street Ext. Seconded by Bob Sarantis. Voting: 5-0-0.
Atty. Reid wanted to comment on new information presented. He stated that the Town of Harwich bylaws are not more stringent than the state.
Motion made by Brad Chase to close the hearing at 5 Sea Street Extension. Seconded by Bob Sarantis. Vote: 5-0-0.
Notice of Intent
10:22 Steven Szafran, 177 Forest Street, Map 31, Parcel C2 – Demolish 2 existing additions and replace with new addition with full cellar below both original house and new addition; breezeway added to connect new addition to bar; install gas line.
Motion by Bob Sarantis to continue 177 Forest Street at the request of applicant. Seconded by Bob Hartwell. Vote: 5-0-0.
Notice of Intent
10:24 Mairead Bray, 18 Hallmark Lane, Map 94, Parcel P3-9 – Removal of numerous 1-2 inch pitch pines and three infected oak trees to eliminate fire hazard and maintain view, replant area with variety of native plantings.
Presenter: Sean O’Leary, O’Leary Landscaping & Irrigation.
Amy Usowski said that there are a lot of pitch pines in the area and suggests the project is divided into two areas, A and B, as well as lower area, middle area and high area. This is because the lower area will be best for semi-wetland plants such as are proposed, but the higher area would do best with plants such as sweet fern and service berry as proposed. She thinks it would bring diversity to the inland bank and recommends approval.
Brad Chase asked about trees with more size such as red cedar. Ms. Usowski said she thinks it is too wet, perhaps high bush blueberry or another shrub from the acceptable Conservation list. Mr. Chase asked that in the future, “numerous” be replaced with a specific number. “Numerous” is too vague.
Bob Sarantis asked regarding pruning. Amy Usowski suggests later review of a few limbs. If more than a few, then they would need to come before the Commission.
An abutter inquired as to use of grass fertilizer or herbicide on the slope. Ms. Usowski said that the Conditions prohibit the use of either.
Motion made by Bob Sarantis to approve the project for 18 Hallmark Lane. Seconded by Carolyn O’Leary. Vote: 5-0-0.
New Request
10:35 Donation of Subdivision Lot #8 Sisson Road and Forest Street to Town for Open Space
Jimmy Norcross owner of Lot #8 has offered to donate the property (3.911 acres) to the Town of Harwich.
Amy Usowski said it is “All Wetland” in the 50’ buffer No Disturb Zone, and is not a buildable lot and never will be a buildable lot. She stated that the Board of Selectmen will need to approve if the HCC approves. She would write a letter to the BOS if HCC approves.
Bob Sarantis asked if there was any downside to the taking of the property. Ms. Usowski said no, she is not concerned with dumping on the property as the Town has recourse to prevent dumping in a Wetland. Mr. Sarantis also inquired regarding mosquito control.
Brad Chase inquired regarding the lot to the north (#9) and the Box Turtle Habitat.
Motion made by Bob Hartwell to accept the donation of Lot #8 Sisson Road and Forest Street Subdivision to the Town of Harwich as Open Space subject to review and recommendation of Parks and Recreation and the Real Estate Open Space Committee. Seconded by Bob Sarantis. Vote: 5-0-0.
Certificate of Compliance
10:52 Marc & Jan Aldrich, 81 Riverside Drive, 3/X2 SE 32-2186 – pier, ramp and float.
Motion made by Bob Sarantis to approve the Certificate of Compliance for 81 Riverside Drive. Seconded by Bob Hartwell. Vote: 5-0-0.
Extension Request
10:53 Town of Harwich, Maintenance and Improvements to Roadways within the Town SE 32-1888 – Request from Highway Department to extend permit for 3 years to do re-paving, trimming, etc. in buffer zones.
Motion made by Bob Hartwell to approve the 3 year extension request for the Town of Harwich Highway Department. Seconded by Brad Chase. Vote: 5-0-0.
Garden Club Request
10:54 Garden Club Request to Do Work on Entrance to Thompson’s Field
The Garden Club would like to remove some trees and enhance the entrance to Thompson’s Field. The Town Highway Department would do the work.
Brad Chase said that he would consider pine trees, but not the taking of hemlock. He asked that the trees to be removed be marked and the discussion continued to the next meeting. No vote taken at this time.
Change in Plan
10:55 Jacob Brown Residence, Proprietary Way - Change in dimension from 12 X 18 to 12 X 20 parallel extension.
Motion made by Brad Chase to approve the request for Jacob Brown, Proprietary Way with 40 feet more plantings. Seconded by Bob Sarantis. Vote: 5-0-0.
Adjourn
11:00 PM
Motion made by Carolyn O’Leary to Adjourn. Seconded by Brad Chase. All in Favor
Minutes transcribed by Marie Hickey, Board Secretary
SIGN IN SHEET
February 3, 2016
Bill Kavaleski
Rocky Clark
John O’Reilly
D. Hepshy
Marilyn Kavaleski
John Pappalardo
Rob Doane
Roger Michniewicz
Kathy Colbridge
S. & J. Jones
David S. Reid, Esq.
Robert Colbridge
Georgene Ricnel
Michael D. Moroney
Susan Sangiolo
Don Munroe, Coastal Engineering
Cole Berman, Coastal Engineering
Arlene Wilson, AM Wilson, Assoc. Inc.