DENNIS CONSERVATION COMMISSION THURSDAY, DECEMBER 4, 2014 DENNIS TOWN OFFICES LARGE HEARING ROOM: 7:00 PM

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1 DENNIS TOWN OFFICES LARGE HEARING ROOM: 7:00 PM PRESENT: ABSENT: STAFF: Chairman Macdonald, Members: Flood, von Hone, Olwell, Silverstein Member Verny Director Johnson, Conservation Agent Burnham, Secretary Johnson ADMINISTRATIVE Mr. Flood announced due to his absence from the last meeting he has reviewed the tape of that hearing and signed the appropriate Hearing Certification. 1. Minutes November 20, 2014 Mr. von Hone moved to accept the minutes as presented. CONTINUED HEARINGS C. Kizielewicz Notice of Intent (SE ) **CONTINUED TO DECEMBER 18, 2014** 151 COVE ROAD, SOUTH DENNIS Proposed bank stabilization and construction of access walkway. NEW HEARINGS A. Landers Notice of Intent (SE ) 66 MERCHANT AVENUE, WEST DENNIS. Proposed reconstruction/alteration of patio, retaining wall, driveway, deck, walkways and landscaping. Andrew Garulay, Yarmouthport Design Group, was present representing the applicant. Property located in West Dennis fingers area on Sandpiper Lagoon. Most of the property is gravel. Wooden boardwalk. Side entrance garage attached to house and separate garage that faces street with a wood deck in between and a paved driveway to both garages. Lawn area along bulkhead. Brick patio and licensed pier. Existing deck and wooden walkway that goes around side of house. Land under ocean. Bulkhead makes a coastal bank by slope definition. Propose to remove two driveways, concrete walk, and remove gravel with light equipment. Remove brick patio and wooden tie wall located just behind bulkhead. Create a modular block wall a few feet further back from where the tie wall was and redo the patio. Bring in loam and put lawn where a lot of the gravel is. Pavement to one driveway would be removed and replaced with gravel. Existing shoulder would be gravel 9 wide from edge of pavement. Walkway would be dry laid natural stone. Stepping stones to side entrance and to deck. Existing porch will be enclosed. Mitigation plantings

2 of native vegetation between the bulkhead and modular block wall. Work to be done on the house. There will be gutters and downspouts. All roof run off will go into drywells. Patio will be modular block wall; behind it is a 4 gap along the edge of it that is open gravel at the surface and 4 perforated pipe along the edge of it going into drywells. Discussion regarding native plantings up against the bulkhead. Would like to see level of fill be kept below the cap of the bulkhead to prevent washover. Current level will remain the same. Plantings will be at same grade, 1 below the top of bulkhead. Revised plan presented due to natural gas installations being on hold. The only revision will be the underground propane tank placed in a planting bed, which is as far away as possible from the bulkhead towards the road. Mr. von Hone moved to close the public hearing. Mr. von Hone moved to issue an ORDER OF CONDITIONS under the Wetlands Protection Act and the Town of Dennis Wetlands Bylaw approving the proposed project as shown on the Plans of Record dated November 20, 2014 and instruct staff to prepare an order of conditions for the next regularly scheduled Conservation Commission meeting. Mr. von Hone moved to grant a VARIANCE from the provisions of SECTION 2(1) of the Dennis Wetland Bylaw Rules & Regulations to allow for work to occur within the 50 foot buffer zone. B. McDonough Notice of Intent (SE16-21XX) 80 JERICHO ROAD, DENNIS. Proposed reconstruction of stone revetment. Bob Perry, Cape Cod Engineering, was present representing the applicant. Short stone revetment reconstruction. Both a project on 78 Jericho Road and this project will be going before the Selectmen to get permission to utilize Corporation Beach access. Intensive beach grass planting will take place. Stairway needs to be removed and replaced. Beach nourishment proposed. Mitigation of 120 cubic yards seems minor. Based on erosion rate. The number is intended for two years. If bank was unarmored it would give up 60 cubic yards per year. Suggested approving what is proposed. Condition could be placed regarding ongoing nourishment and minor maintenance. Specify regardless of what they intend to do they need to notify us in writing. If agent or commission determines it is too much, Commission reserves the right to have them file a new notice. Mr. von Hone was concerned about the Mason property located at 78 Jericho Road having a maintenance provision in their Order of Conditions. Staff will confirm this. Certificate of 2

3 Compliance can incorporate maintenance provisions. Property to the east may have this. Nourishment is best done when the rock work goes forward. Ms. Silverstein moved to Continue this hearing due to lack of file number to the next regularly scheduled hearing. ADMINISTRATIVE C. Atamian Order of Conditions (SE ) 23 LANYARD LANE, WEST DENNIS Proposed construction of stone steps, walls, curbs, paving and vegetation. Ms. Silverstein voted to issue the Order of Conditions D. Pascale Certificate of Compliance (SE ) 10 CYGNET ROAD, WEST DENNIS Mr. von Hone voted to issue the Certificate of Compliance. E. Miller Certificate of Compliance (SE ) 47 PARTRIDGE LANE, DENNIS Ms. Silverstein voted to issue the Certificate of Compliance. F. Bertolon Certificate of Compliance (SE ) 68 HARBOR ROAD, EAST DENNIS Mr. von Hone voted to issue the Certificate of Compliance. 3

4 G. Nichols Certificate of Compliance (SE ) 115 TAUNTON AVENUE, DENNIS Ms. Silverstein voted to issue the Certificate of Compliance. D. Conservation Agent s Report 5 Barnacle Way: Boat slip, float, ramp, and landing were approved. During construction, the 4 wide float became a concern. 5 wide would be more stable. Approve administratively or as an Amended Order? It is in shellfish habitat. No mitigation fee issued at that time since the proposal as approved was exactly within the same footprint as the previous one. If applicant does not expand more than 10% he does not need to change the license. Commission approved it to be done administratively. New regulations for WPA. DEP Christine Odiaga has notified us of workshops with respect to this: Tuesday, December 16, 2014 from 9-12 at Barnstable County Complex or Wednesday, December 17, 2014 from 1-4 at Harwich Community Center. R.S.V.P. requested Meetings: No meeting January 1, Bayview Road: Mr. Macdonald indicated he and staff have received some concerns via . Had a hearing, approved and Order of Conditions are satisfactory. Work is out to bid. Someone in area called very concerned as there is a pipe on location that drains the bogs across the street right out onto the beach. Has been there for over 100 years. Concern this will be destroyed and that Notice of Intent and Order of Conditions do not reference this. Erin Burnham clarified that at the hearing in August the drain was mentioned. Applicant s representative indicated they were aware of it and would not be affecting it. No plan revision was requested and it was not included in the Order. Commission was satisfied that it was verbally noted they would not affect it, impact it, close it off, etc. Mr. Macdonald indicated if the OOC does not reference it; the concern is how the bidders would be aware of it. One of the conditions is a preconstruction meeting. Would like a letter written indicating at the regular meeting of December 4, 2014 the Conservation Commission discussed this project as result of a citizen concerns. It is understood by this Commission that there is to be no alteration of the pipe. It is to remain as it has been for over 100 years. The Order of Condition grants no permission, the Conservation Commission grants no permission, the pipe is to stay there and remain operational. 4

5 Mr. von Hone moved to construct a letter as mentioned. E. Director s Report Nothing at this time. Mr. von Hone moved to adjourn the meeting. Ms. Silverstein seconded the motion. The meeting was adjourned at approximately 7:40 p.m. 5