MINUTES
3-15-16
7:00 P.M.: The regular meeting of the Westport Conservation Commission was opened by Chairman Paul Joncas. Present from the Commission were: Richard Lambert, John Reynolds, Grace Orr, Paul Joncas, Jason Powell, David Aguiar and Agent Chris Capone. Michael Duval was absent.
The Chairman invited those present to join him in saluting the flag.
DISCUSSION:Underwood Farms- Mediation completion in response to letter dated 9-21-15
Ken Fortier of Civil Engineering Concepts came to table and presented review of previous filing and Order. Drainage deficiencies are being addressed. Plan with swale system displayed and explained. Draft plan discussed and a filing will be done.
Agent read his report. Corrected plan to become Plan of Record and the Order to be close by Certificate of Compliance and new filing to be done. Motion by David Aguiar to approve Agent's recommendations. Second by Grace Orr. Vote - Unanimous.
7:05 P.M.:
Septic Repairs:
Dr. Larry Rink: 7 Richmond Pond Road
Leonard Potter of Westport Environmental Design represented and presented plan for project. Patio and garage will be removed. Old foundation will be utilized as approved by Building Inspector. Agent read his report. Negative Box 2 for work with letter from Building Department. Motion by Grace Orr to approve Negative Box 2 and letter from Building Inspector. Second by David Aguiar. Vote - Unanimous .
Thomas Gebhard – 66 Perch Rock Road
Ken Fortier of Civil Engineering Concepts represented and presented plan for project. Project described. Water line from public well shown on plan. Additional well on property will have line replaced. Requesting approval for the water line. Agent read his report. A1-A13 flag line is accurate. Negative box 2 and negative Box 2b. Water line may be at dotted line shown on updated plan. Plan will be provided showing water line location. Motion by Grace Orr to approve Negative Box 2 and Positive on line and pending final plan. Second by David Aguiar. Vote - Unanimous.
HEARINGS:
Gary Bouchard – R.D.A. - Map 34 portion of Lot 48J Old County Road – Construct single family dwelling, grading and utilities in buffer zone
Sean Leach of Sitec represented and presented plan for project. Agent read his report. Wetland line approved and valid. Negative Box 3 with standard conditions. Motion by Richard Lambert to approve Negative Box 3. Second by David Aguiar. Vote - Unanimous.
Thomas and Margaret Tarvis – R.D.A. - Hobbit Hill – Map 67 Lot 16C – Construct single family dwelling, septic system and grading
Leonard Potter of Westport Environmental Design represented and presented plan for project. No work in buffer zone. Silt fence to be placed on buffer zone line. Agent read his report. Negative Box 1. No work is allowed in buffer zone as none requested or shown on plan. Motion by David Aguiar to approve Negtataive Box 1. Second by Grace Orr. Vote - Unanimous.
Natalia Caetano – A.N.R.A.D. - Map 18 Lots 4C & 4D Sanford Road – To determine if resource areas depicted on plan are accurate
Ken Fortier of Civil Engineering Concepts represented and presented proof of abutter notification. Agent read his report. File number SE 80- 2233. A-3 to A-11. Motion by Richard Lambert to approve wetland line. Second by John Reynolds. Vote - Unanimous.
Thomas Murphy – N.O.I. - 173B Cadman’s Neck Road – Construct second floor deck, re-build existing shed and steps, construct dock, gangway and float
Sean Leach of Sitec represented and presented plan for project and submitted proof of abutter notification. Project described as shown on plan. Alternative Analysis submitted. Agent read his report. SE 80-2235 received with comments. Elevated deck is allowed. Revise plan and eliminated deck expansion and show walkway to fixed pier with adequate spacing. Removal of boat on marsh. Pending comments from Harbormaster. Discussion on designating structure as "boathouse" vs "storage shed". Filing done with Marine Fisheries. Agent recommended a kayak rack instead of deck. Motion by David Aguiar to continue two weeks. Second by John Reynolds. Vote - Unanimous.
Matthew Cohen – N.O.I. - 1478 A Drift Road (Memory Lane) – Demolish single family dwelling and garage and construct new single family dwelling, garage, utilities, septic and grading in riverfront area
Alan Heureux of Boucher and Heureux represented and presented proof of abutter notification. Photos of existing house submitted. Plan dated 2-23-16 revised. File Number: SE 80-2234 with comments that there is an area available. Project narrative submitted. Supplement to project narrative with alternative analysis submitted. Comments from Conservation Agent and Board of Health Agent addressed and changes made. Agent read his report. Two separate non-conforming lots which appear to be one lot according to Assessors. New well is proposed. New septic. Alternative area is owned by proponent. Detailed alternative analysis is needed. A continuance is in order. Drainage from Memory Lane should be considered. Woody Underwood stated character is of two lots and it is asking owner to give up valuable property. Mr. Cohen stated wife had a stroke and cannot get in or out of existing cottage. Asking to build handicapped accessible residence. Motion by Richard Lambert to continue two weeks to obtain a more detailed analysis. Second by John Reynolds. Vote - Unanimous
MA DCR – N.O.I. - Horseneck Beach State Reservation – Coastal ecological habitat restoration of select reservation areas
Jorge Ayub, Ecologist for DCR. Restoration to Horseneck Beach reservation. Loss of piping plover chicks described. Removal of pavement will be done to allow sand to be joined. Restoration of dune. Fencing and planting of beach grass and other dune species. Agent read his report. No file number received. Compatible sand will placed to restore area of removed pavement. Snow fencing will restore dune. Motion by David Aguiar to approve, pending receipt of DEP file number with no comments and sand to be of compatible grain size. Thomas Murphy commented on project with relation to his project. Second by Grace Orr. Vote - Unanimous.
Town of Westport – N.O.I. - East section of Beach Ave. - Maintenance within publicly accepted road layout, re-grading, filling and resurfacing in buffer zone, barrier beach, and coastal resource areas
Sean Leach of Sitec represented and presented proof of abutter notification. Agent read his report. Natural Heritage to be contacted. General Order allows maintenance of other section of roadway. This is for the section east of Town Ave. Sand removed will remain at Knubble area. Work to be done April 1 to Nov because of possible nesting of piping plovers. Beach management plan will be followed. No sand to be removed from site. Plan was a proposal and needed additional work. Town needs to meet with Natural Heritage. MobiMats are being used for handicapped individuals. Comments from Buzzards Bay and Westport Land Conservation Trust in file. This is a public way not off road way. Constance Gee asked to read the five pages of Coalition remarks. Document read by Agent and Chairman. Ryan Mann, Westport Land Conservation Trust submitted photos after planting of beach grass was trampled by vehicles. Asked to add to Order. Sand displaced be replenished on property, damage caused by vehicles be remediated by Town and a barrier be placed, notification prior to maintenance to co-ordinate. Betsy White WRWA asked for management plan that satisfies concerns. Michael Sullivan of BOS spoke with regard to management plan. Public access short term need response is requested and asks for temporary answer. Mr. Leach stated he may not hear from Natural Heritage before 4-1-16 will use comments as guidelines for management plan. Louis Andrade stated he was notified but Mr. Leach stated notification was sent to condo association. Mr. Andrade asks for plans to show what it is at this time. Mr. Leach answered. Sand on roadway will be placed back on dune. Woody Underwood, Director of Charlton Dock Corp. discussed differing width and asked for revised plan. Constance Gee accused Mr. Leach of bias and asked that another engineering firm be hired and asked for permanent demarcation of town property. Mr. Leach stated Ms. Gee representation himself and his firm is inaccurate. Chairman stated filing was slow and more information is needed but it is a public safety issue. Continue notice of intent and issue an emergency work order to make it passable at 18' wide. MobiMats need to be placed. A true management plan to be done. Beach Committee is placing new signage. 30 day Emergency Order should be issued. Monitoring shall be done. Motion by David Aguiar to issue 30 day Emergency Order and follow guidelines after 4-1-16. Mr. Sullivan asked that Mr. Capone monitor work by Mr. Gonsalves. Agreed to include in motion by Mr. Aguiar. Agent will notify property owners when work is to be done. Agreed to be included in motion. Sand removed will be returned to property. Second by Richard Lambert. Vote - Unanimous. Continue to April 26.
CONTINUANCES:
Brian Tripp – N.O.I. - Narrow Ave. - Construct pole barn in buffer zone
Mr. Tripp came to table. Agent read his report. Motion by Richard Lambert to approve with Agent's recommendations. Second by David Aguiar. Vote - Unanimous.
O. Robert Simha – N.O.I. - 159 & 161 Pettey Lane – Construct fixed pier and floats in riverfront and land subject to coastal storm flowage
Alan Heureux of Boucher and Heureux represented and described project. All structures are licensed. Structures are for three boats for all properties. Existing pier is in disrepair and angle away from multiple berths. Map showing eel grass beds submitted. Plan revised 3-7-16 File number SE 80-2226 received with no comments. Agent read his report. Condition require applicant survey eel grass beds in existence. Standard dock conditions. Egress under dock is present. Before new dock utilized old dock to be removed. Old pier to be removed within set time. Motion by David Aguiar to approve with removal of old deck within 120 days. Second by Grace Orr. Vote - Unanimous.
9:30 p.m.: Mr. Powell left.
Azar Realty Trust – N.O.I. - American Legion Highway – Construct solar array with utility lines, access drives with wetland crossing and filing as Limited Project
Motion by Richard Lambert to continue to 5-3-16 Second by David Aguiar. Vote - Unanimous.
OTHER BUSINESS:
Certificate of Compliance:
Omer Menard SE 80-1995 – Christine Drive
Agent read his report. Motion by Grace Orr to grant Certificate of Compliance. Second by Richard Lambert. Vote - Unanimous.
Extensions:
Sally Ann Ledbetter – SE 80-1712 – 62 Atlantic Ave.
Agen read his report. Motion by Richard Lambert to grant three year extension. Second by David Aguiar. Vote - Unanimous.
Cheryl Florio – SE 80-1925 – Lot 39 Brookwood Ave.
Agent read his report. Motion by Richard Lambert with Agent's recommendations to grant three Extension with notation if no work has commenced and no further Extensions will be granted. Second by Grace Orr Vote – In favor: Richard Lambert, Grace Orr and John Reynolds. David Aguiar abstained. Chair voted in affirmative
Onsite Brian Corey Main 3-29: Well installation in wetland
Brian Soares Sunset Ave. Recorded EO. Police and Building Dept and SPCA have been notified and legal action is being sought against Mr. Soares.
Alfred Nogueira: Letter sent with regard to 493 Am. Legion Highway
Richard Mowrey - Cross Road - Letter sent regarding clearing of lot.
Bristol Pacific Homes is crushing stone on Sycamore Lane 3-7-16. No complaints to office.
BILLS:
Masons: Motion by David Aguiar to pay bill. Second by Grace Orr. Vote - Unanimous.
Southcoast Media: Motion by Grace Orr to pay bill. Second by David Aguiar. Vote - Unanimous.
Postmaster: Motion by David Aguiar to pay bill. Second by Grace Orr. Vote - Unanimous.
Minutes:
2-16-16: Motion by David Aguiar to approve as written. Second by Grace Orr. Vote - Unanimous.
2-2-16: Motion by Grace Orr to approve as written. Second by John Reynolds. Vote - Unanimous
9:42 P.M.: Motion by David Aguiar to adjourn. Second by Grace Orr. Vote - Unanimous.
Respectfully submitted,
Leone F. Farias, Principal Clerk
| | Approved| | Amended
______
Paul Joncas, Chairman
CONSERVATION COMMISSION PAGE - 1 March 15, 2016