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ConsComm Minutes 8-6-03
WELLFLEET CONSERVATION COMMISSION
MINUTES OF MEETING OF AUGUST 6, 2003, 4:00 P.M., SENIOR CENTER

Present: Cyndi Moe, Co-Chair; Edwin Reynolds, Co-Chair; Paul Banner, John DiBlasio, Dorothy Dolan, Virginia Page; Emily Beebe, Conservation Agent; Birgitta Olson, Clerk.
Regrets:  Erik Mitchell.
Meeting called to order at 4:05 p.m. under the Wetlands Protection Act and the Wellfleet Environmental Protection Bylaw by Chair Ed Reynolds.

Business Meeting.
Mail was reviewed.
The Minutes of 6/18/03 were approved as amended, as MOVED by Moe, SECONDED by DiBlasio, and CARRIED 6-0.
The Minutes of the meeting of 7/2/03 were approved , as MOVED by
DiBlasio, SECONDED by Moe, and CARRIED 6-0.
It was reported that a large rock has disappeared from the Holmes/ Aviles revetment, Samoset Road, and the removal has cracked the abutting cement wall. The Conservation Agent will look into this.
Emily Beebe noted that there have been multiple problems with shorefront protection projects done by E-Z-DOZE-IT and recommended that the principals be called before the Commission to discuss their work. So MOVED by Moe, SECONDED by DiBlasio, and CARRIED 6-0.  There was discussion of the Town licensing contractors who work on the beach installing shorefront protection structures, fencing, bales, etc. Legal counsel will be sought on this question.
Emily Beebe asked for approval of a Jurisdictional Opinion for replacement of a shed with a larger shed by Schippani & Rooney at Harborside Village.  The 8 by 10' metal shed will be placed on concrete blocks. MOVED by Moe, SECONDED by Dolan, and CARRIED 6-0.
Dottie Dolan announced that the Ocean Conservancy will host Commissioners at lunch at the Beachcomber on 8/20 at 12:30 p.m.
There will be a site meeting at the Brimm property, Lieutenant Island on 8/14 to see if a compromise can be worked out for their
shorefront protection.
The Chair noted that the Tesson projects need to be re-assigned to
supervisors.
Ed Reynolds thanked Paul Banner for his years of service as Co-Chair.
Certificates of Compliance were granted to the following:
(1)vonKaesborg, SE 77-732, Lot 10 Nauhaught Bluff, MOVED by Moe, SECONDED by Dolan, and CARRIED 6-0.
(2) Reef Realty/Bierhans, SE 77-940, 280 Blue Heron Road, initial OC, MOVED by Moe, SECONDED by Banner, and CARRIED 6-0
(3) Reef Realty/Bierhans, SE 77-976,280 Blue Heron Road, amended
OC, MOVED by Moe, SECONDED by Banner, and CARRIED 6-0.

5:00. Alan Prager, 376 King Phillip Road, Map 35, Lot 184: Request for amended Order of Conditions re work time frame. (Continued from 7/16/03.) Since no word has come from Natural Heritage, continuation of the hearing to 8/20/03 at 4:45 p.m. was MOVED by Banner, SECONDED by Moe, and CARRIED 6-0
WELLFLEET CONSERVATION COMMISSION MINUTES 8/6/03              2

5:15. Douglas & Judith Sparrow, 90 Pond Avenue, Map 29, Lot 385:
Change in plan and Amendment of Order of Conditions.  (Continued from 7/2/03.)  Proof of notification of abutters was submitted.
The original conditions on the project were reviewed and amended as necessary.Dottie Dolan MOVED "that the Conservation Commission approve FELCO Plan #01132, as revised 8/6/03, subject to conditions specified."  SECONDED by Cyndi Moe and CARRIED 6-0.  Conditions were set. Supervisor: Ginie Page.

5:35. Irmgard Boriskin, NOI, 101 Commercial Street, Map 21, Lot 127: Construct garage and septic system; demolition of restaurant building and replacement with dwelling.  (Continued from 7/2/03.)
David Lajoie distributed a revised plan showing the house moved out of the 50-foot buffer strip except for the deck. The house will be set on a very low foundation with breakout panels rather than on pilings, and the garage slab will be elevated above flood level. Proposed as mitigation for intrusion into the buffer zone is reduction of the driveway area and plantings of native species.
There was discussion of the following: moving the last 20 square feet of construction out of the buffer zone; siting of the garage; amount of lot coverage from house, garage and shed; plumbing in the garage when upper floor is to be for storage only; feasibility of planting in such a heavily compacted area (railroad bed) and possible need for extensive filling; change of use from commercial to residential; etc. Emily Beebe noted that the proposed house is larger than the existing restaurant structure, with a proposed 3-car garage and shed in addition, when new construction in a sensitive area should not exceed what is already there.  The proposed house will also be c.15 feet closer to the top of the bank than the existing restaurant.  Ms. Boriskin said the property is 5 acres, with 3/5 acres of upland, making the house small compared to the lot size. She noted that she will have no basement for storage, and that the utility room must be put in the first floor living space. Additionally, if she moves the house as suggested, she will have a view of a concrete bunker and a dumpster. Ms. Boriskin said the existing structure is 1584 square feet, and the proposed 1700 sq.ft., with a difference of only 116 sq.ft. Emily Beebe said the concrete block patio of the restaurant should not be counted as living space. Discussion continued for some time.  Cyndi Moe said she needs more time for review and study of the revised plan.  Dottie Dolan asked Ms. Boriskin if she would not consider the concerns expressed by Commissioners and try to find a compromise between their broader interests and her own desires.  It was agreed to continue the hearing to September 3, 2003 to seek a compromise, as MOVED by Dottie Dolan, SECONDED by John DiBlasio, and CARRIED 6-0.

Meeting adjourned at 6:30 p.m.
Respectfully submitted,
                                        _______________________
Birgitta V. Olson                        Edwin Reynolds, Chair   
Committee Secretary                      Approved  8/20/03