Minutes of Conservation Commission Public Meeting
Date: October 4, 2006
Time: 4:00 PM
Location: WellfleetSenior Center
Commissioners Present: Co-Chair John DiBlasio, Co-Chair Dottie Dolan, Lonni Briggs, Ed Reynolds, Paul Banner, Cyndi Moe, and Ginie Page .
Staff Present: Hillary Greenberg, Conservation Agent, Andrew Petty and Christine Bates, Committee Secretary
4:00 - Business Meeting & Conservation Agent's Report
Co-Chair John DiBlasio called the meeting to order at 4:05 pm.
Jurisdictional Opinion:
Agent Greenberg spoke on behalf of the following:
· Frank Corbin for Eisinger, 68 Indian Neck Road, the applicant wishes to prune plants, spray poison ivy, and remove invasive plants. A site visit was made. Ginie Page moved to approve the jurisdictional opinion; seconded by Cyndi Moe; passed 7-0.
· Frank Corbin for Jennifer Weill, 250 Valley Road, applicant wishes to remove red maple, prune along driveway, and make an additional parking area. Cyndi Moe moved to approve the jurisdictional opinion; seconded by Ed Reynolds; passed 7-0.
Business Meeting:
Agent Greenberg reviewed the Special Town Warrant, Article #12, regarding the new MGL regulating absentee member and quorum voting. Ginie Page moved to support Article 12, seconded by Cyndi Moe; passed 7-0.
Tim and Tom Downey introduced a project called Landsquares in which individuals purchase an inch of property and receive a card. Once the parcel is fully purchased, an easement would be added to the deed. Agent Greenberg stated she would like a proposal written up that would be presented to Town Counsel. J. Murphy of Cape Light Compact will discuss the project with Town Council and get back to Agent Greenberg.
Correspondence:
· Lonni recommends people check the mail at the DPW building regarding upcoming meetings.
· Newsletters
· Letter from Greenberg regarding addressStreet915 Chequessett Rd and shed within the 100 foot buffer zone
· Letter from Greenberg to ZBA regarding Fowler property located at addressStreet11 Pine Point Way and the buffer zone. The Commissioners recommended this be a NOI.
· An anonymous letter re. Steiner property and the fill. Agent Greenberg stated the issue is cleared up.
· A page from the general bylaws was sent to the Commission anonymously highlighting the bylaws dealing with site visits and what is acceptable behavior on a site visit, i.e. looking in windows. Andrew Petty stated the commission should only be concerned with the resource.
· A copy of a letter from Emily Beebe identifying O’Connor abutters
· Letter from Dept of Environmental Protection regarding 115 Pond Ave. stating they have no problem with the project (Taylor)
· Copy of Emergency Certification form for oil spill at 140 Fox Island Road to move house off foundation, remove contaminated material, and replace house on foundation
· Div. of Fish and Wildlife – new map effective October 1, 2006 is available on-line. Greenberg has a copy of the map which identifies area of habitat.
· Publications. Lonni discussed Cape Cod Pathways and planned walks.
MISCELLANEOUS: Dottie reported she is still waiting for Rex Peterson to provide a list of the properties with Conservation restrictions.
Paul Banner moved to approve the meeting minutes of 9/20/06 with amendments; seconded by Ginie Page; passed 7-0.
Public Hearings start at timeHour17Minute05:00 pm:
Sparrow for Brimmer, Certificate of Compliance, 115 Parkington Hill Rd., Map 46, Parcel 23
Agent Greenberg stated the order lapsed and work was never started but the owner still requires a Certificate of Compliance. Cyndi Moe moved to approve the Certificate of Compliance identifying it as an invalid order; seconded by Dottie Dolan; passed 7-0.
Sparrow, RDA, 90 Pond Ave., Map 29, Parcel 385, landscaping within 100 ft. buffer zone. Douglas Sparrow represented himself. The applicant wants to landscape a sandy area disturbed by septic and leach field work. He is requesting planting trees and shrubs, excavating excess fill, extending the retaining wall closer to the street, and putting in stairs. Ginie questioned the location of the proposed driveway area and Sparrow stated the trees had to be removed for the septic. There was discussion regarding parking issues on the property. Paul Banner moved to identify this as a Negative 3; seconded by Ed Reynolds; passed 7-0.
Cassano, 65 Atlantic Ave., Map 36, Parcel 54, RDA, construct additional driveway (Cont’d from 09/20/06)
A site visit was made. Stone dust will be used to harden the driveway. Cyndi Moe moved to identify this as a Negative 3; seconded by DottieDolan; passed 7-0. The Commission requested the narrative be included in conditions.
Weil, RDA, 250 Valley Rd., Map 9, Parcel 616, Install emergency generator and relocate propane tank.
George Riley represented the applicant. The propane tank will be buried. Ed Reynolds identified this as a Negative 3; seconded by Cyndi Moe; passed 7-0. The narrative, drawings and plan dated Sept. 9, 2006 are to be included as conditions.
Baptist, NOI, 461 State Hwy, Map 42, Parcel 130, Create additional pervious parking area. Jim Baptist represented himself. This project is within the 50 foot buffer zone. The Commission had not received appropriate paperwork from DEP or Natural Heritage. Ginie Page moved to continue to October 18; seconded by Cyndi Moe; passed 7-0.
Goldman, NOI, 266 King Phillip Rd, Map 34, Parcel 8, remodel existing dwelling adding new decking and a larger living room. PersonNameGordon Peabody and PersonNameTrevor Pontbriand represented the applicant. This project would be exempt from placeCityMESA regulations. All work will be done by hand and no heavy equipment will be used on the property. placeCityPeabody gave an overview of the project. Biologs are proposed for erosion control. Paperwork from DEP and Natural Heritage had not been received. Dottie Dolan moved to continue to October 18; seconded by Cyndi Moe; passed 7-0.
Maier, NOI, 1015 Third Ave, Map 40, Parcel 7, construct new dwelling (cont’d from 08/16/06). Reggie Donaghue represented the applicant. A site visit was made. Some of the electrical work could be pulled back to reduce the amount of disturbance. There was discussion regarding the size of the driveway, lot coverage and that an I/A septic system may be required in the future. DiBlasio expressed concern that 9,403 feet of disturbance is twice what is allowed according to the local bylaws. Donaghue stated most of the disturbance is due to the septic system, and the driveway will be reduced in size and the retaining wall with the electrical work will be relocated. Donahue also talked to MA Audubon regarding the turtles and plans to leave the driveway sand.
Greenberg read a letter from abutters supporting the project. Natural Heritage identified Diamondback terrapin and Northern Harrier in the area so work must be completed during the period October 1 and April 1. If work cannot be completed during this period, the entire work site shall be encircled with silt fencing throughout the construction period with an access point for vehicles utilizing a temporary barrier which can be removed and then replaced. Donaghue stated the terraces will be removed at the request of Mrs. Maier for the safety of the children. Dottie Dolan moved to approve the NOI, job C15591 dated 9/21/06 with conditions; seconded by Ed Banner; passed 4-3. Ed Reynolds is supervisor.
O’Connor, NOI, 90 Le Count Hollow Road, Map 30, Parcel 9, septic upgrade and landscaping. Emily Beebe represented the applicant. A site visit was made. Beebe gave an overview of the project and stated hay bales will be used as the limit of work for the septic area as well as silt fencing for the other work area. There will be a 10 foot cut back on vegetation around all the buildings. Paperwork from Natural Heritage and DEP has not been received. Cyndi Moe moved to continue to October 18, 2006; seconded by Ginie Page; passed 7-0.
Blake, NOI, 461 449 Long Pond Rd, Map 16, Parcel 616, construct addition to dwelling. Chet Lay represented the applicant. Paperwork from DEP and Natural Heritage has not been received. A site visit was made. The applicant proposes a full foundation for the addition and the disturbance will be 2836 sq ft. Paul Banner moved to continue to October 18, 2006; seconded by Ginie Page; passed 7-0.
Footit, NOI, 10 Bay View Ave, Map 35, Parcel 33, renourishment of coastal beach and bank. Ginie Page recused herself as a member of the Wellfleet Conservation Trust. She stated the Trust was ready to grant their permission for this project. David Little represented the applicant. The actual work will take place on the Wellfleet Conservation Trust property. Little stated the applicant has met with the Conservation Trust. 230 cubic yards of compatible sand would be added to the bank. In addition, a single sand drift fence will be provided to break up storm and wave action and catch wind blown sediment during storms. Beach grass will be planted and no fiber rolls will be used. Planting will take place in late winter and early spring. Agent Greenberg did
not feel a Chapter 91 filing was necessary based on the mean high water location. Cyndi Moe expressed concern regarding the amount of sand that would be placed during high tide and that the sand would be washed out during a storm. Greenberg and Little will monitor the high tide prior to making a decision. Dottie Dolan asked if the fencing could be placed closer to the bank. Due to a lack of paperwork from DEP and Natural Heritage, this case must be continued. Dottie Dolan moved to continue to October 18; seconded by Lonni Briggs; passed 7-0.
Agent Greenberg will question DEP regarding waivers to continue hearings. In Eastham, if the applicant is aware that they will not have a DEP number or a response from Natural Heritage, the applicant signs a waiver to continue. This covers the local Conservation Committee in the mandatory 21 day hearing period.
Paul Banner moved to adjourn at 7:45 pm; second by Cyndi Moe; passed 7-0.
Respectfully submitted,
Christine Bates, Committee Secretary
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