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Conservation Commission Minutes 10/13/09
EASTHAM CONSERVATION COMMISSION  
13 October 2009  
  
MINUTES  
  
PRESENT:        Glenn Collins, David Hoerle, Steven  LaBranche, Steve Smith, Sandra Larsen, Dennis Murley.

ABSENT: Lorraine Giovinazzo.
 
STAFF PRESENT: Deputy Natural Resource Officer Amy Usowski.  
  
ALSO PRESENT:   Tim Klink of Coastal Land Design, Sharon Trantina, Gerald Trantina, Hans Noetzli, Rita Noetzli, Seth Wilkinson of Wilkinson Ecological Design, Carl Ericson, Christine Seaman, Ingrid Seaman, Katelyn Siddell of East Cape Engineering, Inc., David Lajoie of FELCO, Inc.

Chairman Murley opened the hearing at 7:00 P.M.

Request for Extension Permit, Simmel, DEP 19-267, 225 Sparrow Road, Map 04, Parcel 190.

Ms. Simmel was present.  Deputy Usowski explained that this Order is from 1983 for the maintenance of a bulkhead and vegetating the bulkhead.  She said that she visited the site and the bulkhead is in very good shape and the top is well vegetated.  Deputy Usowski recommended granting a three-year Extension.  

There was no discussion.  Mr. Hoerle MOVED and Mr. Collins SECONDED the Motion to grant a three-year Extension for Order of Conditions SE 19-267.

SO VOTED UNANIMOUSLY.

7:04 P.M.       Request for Extension Permit, Cohn, DEP SE 19-1249, 7 Memory Lane, Map 07, Parcel 501.

Deputy Usowski explained that this Order of Conditions was approved in 2006 for the re-construction of an existing rock revetment at the above address.  She said they are
nourishing annually and the site is well vegetated.  She said she recommends granting an extension for this Order of Conditions.  She said she had re-calculated the nourishment amount and it is correct.

There was no discussion and Mr. Collins MOVED to grant a three-year Extension for Order of Conditions SE 19-1249.  Mr. Hoerle SECONDED the Motion.

SO VOTED UNANIMOUSLY.

7:06 P.M.       Request for Certificate of Compliance, Baldwin, DEP SE 19-1066, 355 Turnip Road, Map 07, Parcel 496.

Deputy Usowski said this Order of Conditions was also for the re-construction of an existing rock revetment in 2003 and then an Amended Order to place fiber rolls on top in 2006.  She said a Certificate of Compliance would still allow them to maintain it.  She said she checked the sand nourishment requirements and they are correct and they have been nourishing annually.  

There was no discussion, and Mr. Hoerle MOVED to grant a Certificate of Compliance for DEP SE 19-1066.  Mr. LaBranche SECONDED the Motion.

SO VOTED UNANIMOUSLY.

7:11 P.M.       Request for Certificate of Compliance, Leveille, DEP SE 19-545, Shore Gardens, Map 21, Parcel 063.

This request was made by Attorney Karen A. Underhill.  Deputy Usowski said that in her review of the project she could not find a copy of the approved plan for this old filing from 1991.  She said she does have a copy of the Order of Conditions.  She said the dock seems to be structurally in compliance and repairs to and/or a new dock would need a new filing if this Certificate is approved.

Deputy Usowski said there is a Chapter 91 License in the file but she cannot find the name of any engineer.  She said she will contact them and see if she can find out who the engineer is or if they have a copy of the approved plan.  She said the Order was to repair and maintain the dock, but they are asking to completely close this out so that any work whatsoever would require a new filing.

Chairman Murley said he feels that the Commission should table this request until they can come up with an approved plan.  

7:16 P.M.       Request for Amended Order of Conditions, Strauss, DEP SE 19-1284, 31 Martha Avenue Rear, Map 10, Parcel 202.

Chairman Murley announced this hearing for a request to expand the planting area for the planting of native grass species on the Coastal Bank at the above property.  

Commissioner Collins recused himself from this hearing.

Seth Wilkinson of Wilkinson Ecological Design was present and inquired whether Christian Norgeot of Anchor Marine had proposed anything in the way of sand nourishment for this property.  Deputy Usowski said he had but it was not received before the cut-off deadline.  Mr. Wilkinson said the work under his proposal would probably take place at the same time.   He said his proposal is to restore the plant community on the Coastal Bank and explained his method to the Commissioners.  He said this would be started as soon as the sand can be brought in to the toe of the Coastal Bank which has eroded.

Deputy Usowski said that there is a plan coming to the Commission from Anchor Marine at the next meeting for the addition of a large amount of said and re-contouring of the bank as well as a sand-drift fence.  She asked Mr. Wilkinson to explain how his work would be done; in rows working top down or in terraces?  

Mr. Wilkinson said the work is usually done from ladders placed on the bank, from the top down and the bottom up.  

Deputy Usowski said this property is not eligible for a revetment so they want to keep it naturally well vegetated and keep sand behind the fence.  It was determined that in order to get the planting done as soon as possible this proposal was done as an amendment to the original Order of Conditions which was granted for re-construction of an existing dwelling.  

Mr. Wilkinson explained his methods for eradicating Bittersweet and Autumn Olive to the Commissioners.

There was no further discussion and no questions from the floor and Chairman Murley closed this hearing.

Mr. Hoerle MOVED and Mr. Smith SECONDED the Motion to Amend Order of Conditions SE 19-1284 to include the Planting Schedule submitted from Wilkinson Ecological Design dated September 4, 2009.

SO VOTED UNANIMOUSLY.

7:32 p.m.       Notice of Intent filed by Gerald Trantina, 14 & 12 Sherwood Road, Map 13, Parcels 133 D-R & 133 E-R.

Commissioner Collins returned to the meeting.

Chairman Murley announced this hearing.  This proposal is for the construction of a 123'+ stone revetment for Coastal Bank stabilization and storm protection for two existing dwellings at the above properties.

David Lajoie of FELCO, Inc. was present for the Applicant who was also present.  Mr. Lajoie told the Commissioners that these two properties are part of a 5-property condominium association, three of which received an Order of Conditions for a rock revetment in 2006.  He said the properties under consideration are North of the existing revetments.  He said these properties have sand bag installations which are presently failing.  He said they would like to continue the same type of wall for these two properties.  He said there is a sand bag installation to the North which they would try to connect to as minimally but as effectively as possible.

Mr. Lajoie went on to explain that they would like to install fiber rolls and they are also proposing sand nourishment for on top of the revetment and fiber rolls for compensation for beach nourishment.  He said that access would be from First Encounter Beach.  He said they did not receive a green card back from a direct abutter to this property but they did have an email saying that he does not have any objections to what they are proposing.

Deputy Usowski said that typically the Commission waits until all the green cards from certified mailing are returned and it is up to the Commission if they want to accept the email.  Commissioner Collins said he felt that the Commission needs to be careful about setting a precedent here.  

Mr. Lajoie explained some of the points of their proposal and distributed some photos to the Commissioners.  He said there would be some tubes at the end of this revetment for the property of the abutter.  

Chairman Murley said there is an issue with the flat rocks and Mr. Lajoie said that they need to have a four-foot thickness for the wall and the stones do not have to necessarily be flat.  Mr. Lajoie said that with the flat stones the stones can be fitted better with less use of chink stone.  He said it is pretty much up to the contractor to place the stones as tightly as possible to make sure the voids aren’t large enough to let the chink stone come out.  

Mr. Lajoie explained some items on the plan to Ms. Larsen.  Ms. Larsen said that when it comes to construction protocol she would like to see some specifications about the equipment that she does not see on the current plan.   Deputy Usowski said that whatever equipment is used, the contractor is required to return the beach to the current condition on a daily basis.  

Mr. Lajoie requested a continuance until the next available meeting which is  
November 10th.   Mr. Hoerle MOVED and Mr. Collins SECONDED the Motion to continue this hearing until 10 November 2009.

SO VOTED UNANIMOUSLY.




8:00 P.M.       Continuation of Hearing on Notice of Intent filed by The Theodore W. Seaman Trust of 1985 & The Ingrid K. Seaman Trust of 1985, 55 Shurtleff Road, Map 10, Parcel 234.

Chairman Murley announced this hearing.  Katelyn Siddell of East Cape Engineering, Inc. was present for the Applicant.  Ms. Siddell said that at the last hearing the Commission had some questions about the work protocol so they put together a Construction Protocol to outline the detail of how the work will be accomplished.  She said they submitted a revised plan omitting the fiber rolls from the top of the rock wall.

She explained the construction procedure to the Commission.  She said that after speaking with Chris Norgeot of Anchor Marine, the elevation of the toe stones was changed to zero.  She said they will be removing the stairway from elevation 20' down, rebuilding it off site and the new pilings will actually be bolted onto the revetment itself.  She said they are proposing to have a smooth face, but the stones will be stepped out approximately a foot so that every other stone or so will be stepped out to create a rough surface.

Deputy Usowski said the nourishment amount is the same, 72 cubic yards.  She said the Commission does not want the stones on site for the duration of the project and want only a daily allotment to be kept on the beach.  Ms. Siddell said the construction notes say that the armor stones will be brought to the site on an as-needed basis, but the chink stones will be kept in a container on the beach for the duration of the project.  She said re-vegetation will be done on an as-needed basis.  

In response to a question from Commissioner Collins asking if the stone wall would just come to an abrupt end, Ms. Siddell said it will be similar to the intersection of the existing stone wall to the North.  She said there has been conversation with the abutter about tying in the two structures.  

There was discussion about whether a sand-drift fence at the end of a revetment would be of benefit.  Deputy Usowski said there is a proposal for just such a thing on Longstreet Lane.  Ms. Siddell said she doesn’t think there will be a problem with end scour at this particular site.

There was no further discussion and Chairman Murley closed this hearing and entertained a motion.  Mr. LaBranche MOVED and Mr. Hoerle SECONDED the Motion to approve this proposal with Order of Conditions 1-18, 19, 20, 21, 22, 25 bottom two piles, 27, 29, 31 72 cy., 32, 33 bedding stone to be put in bedding box, large stones to be kept in lot and brought to site daily, 34, 36, 38 Pre-construction on-site meeting,
39 Post-construction on-site meeting.

SO VOTED UNANIMOUSLY.



8:23 P.M.       Continuation of Hearing on Request for Amended Order of Conditions, Town of Eastham, DEP SE 19-1300, Salt Pond, 2760 State Highway, Map 12, Parcel 320.

Chairman Murley announced this hearing.  This request is for the construction of a handicap-accessible ramp to the new boat house at Salt Pond.

Deputy Usowski said she and Natural Resource Officer Carlow met with the Building Inspector and the Town Administrator about making this building ADA compliant.  She said that this proposal will have to go through other approvals besides Conservation Commission approval.  She said the ramp needs to be wider with a platform in the middle and a larger landing at the end for a wheelchair to turn around.  She said there is no proposed excavation and the footings will be on grade.  She said the Seashore still has to do an archaeological study as well as a plant survey so this is pending other approvals.  She said that at this time they are also proposing to replace the existing well to have fresh water for wash downs.

It was determined that the well was not included in the legal advertisement so it cannot be considered at this hearing.

Deputy Usowski said that the ramp is proposed to be constructed of all non-pressure treated wood.

Chairman Murley asked who actually owns the land and Deputy Usowski told him that this is a topic of discussion and is up to debate.  Ms. Larsen said that at the PACE meeting they were saying that this should be eligible for a waiver for this.  Deputy Usowski said that the thought is if handicapped people could be offered the same experience through and outdoor display or whatever, a ramp may not be needed.

Deputy Usowski said that right now ownership and responsibility for this land and building need to be established.  Discussion followed about the length and the width of the ramp.

Chairman Murley said this construction would be in a sensitive area and there is talk of an archaeological study which needs to be done and that could take anywhere from six months to a year.

C
ommissioner Collins said he feels the Town ought to communicate with the other groups involved and determine is this is something that absolutely needs to be done.

It was agreed that this matter should be continued and Deputy Usowski requested same.  Mr. Collins MOVED and Mr. Smith SECONDED the Motion to continue this hearing.

SO VOTED UNANIMOUSLY.

The Commission took a short break at this time.

8:47 P.M.       Continuation of Hearing on Request for Amended Order of Conditions filed by Ellen Camhi, DEP SE 19-1238, 40 Bay Shore Lane, Map 13, Parcel 136F and 141R.

Chairman Murley announced this hearing.  Neither an Applicant nor any representative was present to speak to this request.  Deputy Usowski said that at the last meeting the Conservation Commission did not want to approve replacement of the existing stairway.  The Applicant has agreed to language in the Amended Order to include repairs to the existing stairway and any other work would need a new Notice of Intent.

Mr. Collins MOVED and Mr. Hoerle SECONDED the Motion to issue an Amended Order of Conditions for DEP SE 19-1238 for repair only of the existing stairway.

SO VOTED UNANIMOUSLY.

8:52 P.M.       Request for Certificate of Compliance, Baughman, DEP SE 19-1181, 300 Samoset Road, Map 14, Parcel 135.

Tim Klink of Coastal Land Design was present to address any questions.  

Deputy Usowski said the completed project was actually less intrusive than what was approved.  She said the site is well vegetated with few invasives and they are letting the area pretty much go wild with a small path down to the water.  She said that walkways shown on the approved plan were not installed so the completed work is less invasive than approved and she could find nothing out of compliance.

After brief discussion, Mr. Collins MOVED and Mr. Hoerle SECONDED the Motion to issue a Certificate of Compliance for DEP SE 19-1181, stating the existing conditions at the site.

SO VOTED UNANIMOUSLY.

9:00 P.M.       Administrative Review filed by Coastal Land Design for Griffen/Groman, 135 Harmes Way, Map 01, Parcel 120.

Tim Klink of Coastal Land Design was present and told the Commission that this property had an Order of Conditions for the house which was built in 2007.  He said that in April of this year the house was struck by lightning and was extensively damaged.  In the process he said the underground electrical system was destroyed.  Mr. Klink said that the insurance settlement was just received and in the interests of time and the ability to re-plant this season he would like to do this under an Administrative Review.  He said he would like to dig up and remove the existing underground service and
re-install a new underground service.

Deputy Usowski said this work is not in the Buffer Zone and is actually in a resource area.  She said that she feels that hay bales would be overkill but something should delineate a limit of work area so that machinery won’t be going where it shouldn’t be.  Mr. Klink said they would remove the one dead Pine tree in the process.  He said that they hope also to remove the top layer of beach grass and replant it when they are finished.  He said they will run silt fence on both sides so the work area will be well defined.  

Chairman Murley said he feels that a 10'-wide swath is too big for this project.  Deputy Usowski said it is hard to condition an AR.  Mr. Klink said he feels that the amount of vegetation in this area will hold the trench from collapsing.  He said he would like to get this done ASAP so they can get in inspected by the Electrical Inspector.  He said that once it is inspected it still takes three weeks before Nstar will come to hook it up.  

It was discussed whether this should be done under an AR.  Chairman Murley said it behooves Mr. Klink to make the trench as narrow as possible to avoid the need for
re-planting the let the rhizomes feed back together.  He said if Mr. Klink is only going down 18" he feels that this is more of a Ditch Witch operation as opposed to any size bucket operation.  He said he feels that if Mr. Klink narrows this down he is OK with the AR, but if he wants a 10'-wide swath at least an RDA would be required.

Mr. Klink said that he will hand dig the trench.  Chairman Murley said that will be great!
He said that the trench will be hand dug, the work limit marked by just stakes, and the materials will be stored on burlap or Tyvek or some sort of material.

There was no further discussion and Mr. Collins MOVED to ratify this Administrative Review.  Mr. Hoerle SECONDED the Motion.

SO VOTED UNANIMOUSLY.

Mr. Klink told the Commission that the residents of Harmes Way want to talk about possibly filling in the potholes and doing some work on the road and whether they would need to file a Notice of Intent for the work since it’s such a sensitive area.  Deputy Usowski said there are dunes on one side and Salt Marsh on the other side, so yes, they would need to.

Mr. Collins said he thought the person at the end of the road was going to do something to the road and Ms. Siddell, speaking from the floor, said she believes there should be an existing Order of Conditions for the work.  Chairman Murley said the work has never been done.  

Deputy Usowski said that if the residents want to repair and maintain the road in the future it a Notice of Intent would definitely be required.  Brief discussion followed about how the work should be accomplished and what materials would be acceptable for use.


9:21 P.M.       Request for Certificate of Compliance, Koonz/Munday,
DEP SE 19-1339, 220 Crosby Village Road, Map 14, Parcel 208.

Katelyn Siddell of East Cape Engineering, Inc. was present to speak to this request.  This project was for the construction of an addition to an existing single-family home within 100' of the pond and a Bordering Vegetated Wetland and the construction of a porch, deck extension, installation of a dormer, re-siding, replacement of windows, and the repair of a portion of the existing foundation.

Ms. Siddell reviewed that the Commission had some issues with the fact that there was mulch laid down on a major portion of the property.  She said that the landscaper had spoken with Deputy Usowski and that the owners are willing to do whatever the Commission wishes in order to get a Certificate of Compliance.

Ms. Siddell said the options are to remove the mulch and spread a conservation seed mix or to plant in the mulch and let the mulch degrade.  She said the material which is there is non-treated, natural mulch which will degrade.  She said that they are not requesting a Certificate of Compliance at this time and are looking for direction from the Commission as to what they would prefer.  

Deputy Usowski said she spoke with Marcelle Desrochers, the owners’ landscaper,  and they will do it either way, but she would be happier to plant on the top of the mulch.  Deputy Usowski said they want to let it grow wild, so whatever the Commission wants them to do is fine.  She said the Order of Conditions is open so it could get planted immediately.

Mr. LaBranche said he feels it would do better if it were just planted on the mulch.  He said it would hold some moisture and the mulch would keep the seed from blowing away.  Deputy Usowski said the Commission could wait until the Spring and issue the Certificate then if the site is satisfactory.  

It was agreed to plant on the mulch as soon as possible and re-visit this request in the Spring of 2010.

9:25 P.M.       Administrative Review filed by Edward Atwood, 525 Governor Prence Road, Map 18, Parcel 114.

Deputy Usowski said that the Applicant wishes to remove a dead Pitch Pine at the edge of the driveway and property line which is within 100' of a freshwater shrub swamp.  She said the Pine is infested with Turpentine Beetles and the Applicant is concerned that it will fall into the road.  She said there are two other trees near this one which aren’t dead but have been infested.  She said the Applicant is just asking to remove the one tree at this time.  She said he intends to have it flush cut and taken off site.  



There was no discussion and Mr. Collins MOVED to ratify this Administrative Review.  Mr. Smith SECONDED the Motion.

SO VOTED UNANIMOUSLY.

9:27 P.M.       Administrative Review filed by Town of Eastham, Wiley Park, 1400 Herringbrook Road, Map 10, Parcel 001.

Deputy Usowski said the Town is requesting to install two memorial benches at Wiley Park within 50' of the pond.  She said they would like to install them to the left of the beach access, past the two other benches which are already there along the fence at the edge of Great Pond.

There was no discussion and Mr. Hoerle MOVED to ratify this Administrative Review.  Mr. Smith SECONDED the Motion.

SO VOTED UNANIMOUSLY.

9:29 P.M.       Administrative Review filed by Ronald and Barbara Snider, 205 Herringbrook Road, Map 17, Parcel 489.

Deputy Usowski told the Commissioners that the Applicants wish to add two narrow planting beds, one short bluestone walkway, and to prune dead limbs from aging pines.  She said the Applicants have an open Order of Conditions for the installation of a new septic system within 100' of a Coastal Bank.  She said they want to make two more narrow planting beds so that they are even with the two beds to the couth.  She said the disturbance would be approximately 75' from the resource.  She said they have a “No Mow” zone which starts at 75' from the resource which was conditioned under the Order for the septic system.  She said they have not re-vegetated from the septic system project yet, but the landscaper was coming on the day she made her site visit.

Mr. Smith said that the owner told him that one of the covers for the septic system need to remain uncovered and accessible.  

Chairman Murley said he has no problem with the planting beds but he doesn’t like the idea of going into the “No Mow” zone area.  He said if the Applicant spells out which limbs are to be taken down he can do it under another Administrative Review but he does not like the language of going into the “No Mow” zone area.  

Mr. Smith commented that the branches, although dead, are pretty stout and the Conservation Commission has always said that they are perches or habitat etc.  He said that the trees are Pitch Pines and the branches will fall off and dissolve before they hit the ground.  He said the area is a “No Mow” zone so what does it matter?

Deputy Usowski said she will tell the Applicants they may go ahead with the planting beds but not the trimming at this time.


Commissioner Larsen said she has a concern about a landscaping company’s sign she saw at the end of the driveway referring to deep root feeding.  She said she would like to know what they are feeding.  Deputy Usowski said she will check this and make it well known to the owners that they cannot do any fertilization of the beds or within the 100' Buffer, which is in their Order of Conditions.

Chairman Murley said this Administrative Review will only apply to the planting beds and the bluestone walkway and asked for a Motion.  Mr. Smith MOVED and Mr. Hoerle SECONDED the Motion to ratify this Administrative Review for the addition of two planting beds and the bluestone walkway only.

SO VOTED UNANIMOUSLY.

9:35 P.M.       Request for Extension Permit, Mancini, DEP SE 19-994, 340 Saltworks Road, Map 04, Parcel 001.  

Deputy Usowski reviewed for the Commission that this Order of Conditions is for maintenance work on an existing stone revetment.  She said that the revetment is generally in good shape but the top of the revetment is not as well vegetated as it could be. The filter fabric is starting to come through at the top because the sand has been blown off because it is not well vegetated and some of the smaller stone is coming loose at the top.

Deputy Usowski said she recommends issuing an Extension for one year and during that time the Applicant needs to add some additional sand and replant and at least re-cover the chink stone.  She said that the good thing about this is that his Order of Conditions allows for repair of up to 50% of the revetment without filing a new Notice of Intent so repair can be done now before it gets worse.  She said she would need to check to see if he has been doing his annual nourishment.

There was no further discussion and Mr. Hoerle MOVED to grant an Extension Permit for one (1) year only for Order of Conditions SE 19-994.  Mr. Smith SECONDED the Motion.

SO VOTED UNANIMOUSLY.

9:40 P.M.       Request for Certificate of Compliance, Brothers, DEP SE 19-948, 165 Shurtleff Road, Map 10, Parcel 240.

Deputy Usowski reviewed this for the Commissioners.  The Order of Conditions was for house reconstruction and landscaping.  They were denied a Certificate of Compliance in the past for having an underground irrigation system, the Commission didn’t know how/where they emptied the hot tub, and only about 60% of the vegetation survived.  She said they still have the irrigation system but they say they are not using it.  She asked if there was some way to make it non-functional without having to rip it out. Mr. LaBranche said this can be done.  He said it doesn’t look like it has been used this year because everything is pretty scorched.  


Deputy Usowski said the Applicants have re-planted and she feels they are in compliance with the required 90% survival rate.  She said the Applicants say the pool and hot tub are being pumped out towards the street and away from the resource, but she would like to get confirmation of how exactly this is done from their pool man.

Deputy Usowski pointed out what Mr. Collins said is a boiler vent on the side of the house with a tube which is probably for condensation from the boiler.  Mr. Collins said this is very acidic and should not be dumped to the ground and is supposed to go into a drain.  Ms. Larsen commented that maybe that’s the strong smell she noticed and Deputy Usowski said she had also noticed a strong chemical smell.  

It was agreed that no action be taken on this request at this time and that Deputy Usowski address the remaining issues with the Applicant.  Again.

Mr. Smith MOVED to withhold the Certificate of Compliance at this time and Mr. Hoerle SECONDED the Motion.

SO VOTED UNANIMOUSLY.

Deputy Usowski told the Commission about a problem at the end of Corliss Way where there is a right-of-way with community access to the water.  She said this is right next to a house owned by the Wunderlichs.  She said there are five or six dinghies there tied to a trot line.  She said the issue is that a big chunk of the small Salt Marsh/Coastal Bank has fallen off.  She said she doesn’t know if it’s because of the boats there or not, but the trot line does move back and forth with the tides.  She said the area is “very soupy” so it’s hard for people to wade out to get to the dinghies and they like to keep them pretty close to the shore.  She said the Wunderlichs are wondering what can be done about this as they feel the boats are the cause of the erosion.

She asked the Commissioners if they would go to the site and see if they can come up with any suggestions as to how to deal with this issue.  She said Mr. Wunderlich would like to reduce the number of boats.   She said she suggested perhaps an aluminum platform could be put in place for the boats to tie up to.

Mr. Collins said there is an issue of liability and ownership in this area and wonders what authority to Commission has to make any decision about this.  Deputy Usowski said she feels that the only issue the Commission needs to be concerned with is the question of whether or not the boats are causing this condition and if this is so, what action needs to be taken to stop it from happening.  

Deputy Usowski showed photos of the site.




Chairman Murley read a letter from the Cape Cod Commission in opposition to House Bill 4167 which it says will effectively gut the ability of the Department of Fish & Game to protect rare plants and animals.  They say that this bill will significantly impact the Commission’s ability to prevent loss or degradation of critical wildlife and plant habitat and to minimize the adverse impact of new development on wildlife and plant habitat and to maintain existing populations of species diversity.

Chairman Murley said a copy of this letter was sent to all our Representatives and Senators.  Deputy Usowski said that most Conservation filings need to go through MESA review and that the their input is very important to the Conservation Commission.

Deputy Usowski told the Commissioners about the upcoming MACC courses and urged them to attend if possible.  She also informed the Commissioners of the schedule of walks with the Boston Mycological Club.  

There was no further business and Mr. Collins  MOVED to go into Executive Session not to return to Regular Session at approximately 10:00 P.M. Mr. Smith SECONDED the Motion.  
  
SO VOTED UNANIMOUSLY.                                           
 
Respectfully submitted.  



Kay Stewart-Greeley,  
Clerk  
  
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