6/11/2009 CONSERVATION COMMISSION Minutes

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a meeting due to the 10 day appeal period. Other towns handle the situation in a sirm'lar manner. Con? lss�o"lens w*11 consider the proposal and make a final decision at the next meeting. Hearing Agenda 00 William & Christine Herbert, 1 01—42 Spoondrift way(Garage,patio, retaining walls and mitigation plantings) Motion made, seconded and unanimously carried for a Continuance until 6/25109 at 7:36 pm at the request of the applicant. 7:03 New Seabury Condos 1B,N01—90 Shore Drive west (Construction of stairway down armored coastal hank and access pathway) (Continued from 5128109) Tara Marden from the Woods Hole group is representing Colony villa, a condominium within New Seabur , Colony Villa wishes to install a beach access stairway over the top of the existing storm revetment from the upland at the top of the coastal bank. The stairwell will terminate on concrete blocks located 23 of the way down the revetment. A 4 foot wide path runs from the road through hick brush to the top of the bank and to the top of the stairs. At the top of the stairs,the walkway wraps around to take advantage of an area that has already been cleared at the top of the bank in an effort to reduce the clearing of additional vegetation. A cross section of the staircase was indicated on the plan. The staircase will be sirn.,ilar to the timber staircase located on the Tidewatch revetment which h .s been in place approximately 20 years. Agent McManus agreed that the profpct was straightforward. Performance standards for the coastal bank do not apply since it is an armored revetted coastal bank. Agent McManus Ends the project non-impactful and recommends a close and issuer The Chair received a letter from Cohen &Murphy who expressed concern about the staircase being located on Tidewatch property. Ms. Marden indicated the propel line which confirms that it will not be located on Tidewatch property. It was questioned whether or not the posts and supports would disrupt the bank. Ms. Marden indicated that the engineer submitted a letter to Agent McManus and that no stones would be moved ding construction. John Jehling,representing a group of non trustee unit owners who signed a letter to the President of the Trust,requested that the hearing be continued. The group plans to meet to discuss a dispute about the stairs and brush clearing and plan to elect a new Board of Trustees. Mr. Jehling indicated that the Trust does not have the money to finish the project. The Chair and Agent McManus clarified that Commission approval for the project goes not involve financial dealings or transfer of ownership but focuses solely on environmental impact. The project has 3 yew to be completed. Torn Sweeney, another unit owner, indicated that a plan was approved 1 112 years ago for the same area and he expressed concern that the plan is still active and that it overlaps this proposed plan and requested that the hearing be continued as a result. Agent McManus asked if Mr. Sweeney knew the project number of the previously filed plan or permit. Ms. Marden questioned the firm who submitted the original plan. Nicholas Rose, a trustee, stated that there was no formal proposal before the Commission. It was believed that there was a tentative approval with the Concession but the Chair confirmed that if there is nothing on file the former plan is irrelevant, Martin Riley,representing Fran Flanagan and other non trustee owners, stated that the main concern was that there was no condomnuum association meeting to discuss whether or not owners wish to proceed with stairs. The upcoming meeting Will provide the opportunity to discuss the issue. lion trustee owners wish to review the plan and discuss it further and vote on the plan. Mr. Riley also requested that the hearm* �be continued. Katherine santalico, Treasurer of the Board,refuted claims that a letter was received from the iron trustee unit owners. 1 . Santalico further stated that the topic will be discussed at the upcoming meeting added that condo owners have always been aware of the plans to install the g and ad stairs. The Chair reiterated that the Commission's role is focused solely on the project's environmental . im actAgent McManus stated further that the plans have been on file and accessible to the public for 2 p g 2