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ConsComm Minutes 12/06/06
Minutes of Conservation Commission Public Meeting

Date:        December 6, 2006
Time:           4:00 PM
Location:       Town Hall Hearing Room

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
t4:00 - Business Meeting & Conservation Agent's Report Agents Report:
Molly Kitchel of Americorps gave an overview of Americorps Cape Cod and the various programs they have participated in throughout the timeHour18Minute45Cape.  Americcorps is one of the only residential programs in MA and is in its 8th year.   She requested the Commission determine what projects they would be interested in having Americorps perform for them.  Some of the projects may require the Planning Board’s approval, i.e. clearing of roads).   The Board also discussed the possibility of having trails identified in Wellfleet.

Heather McElroy from the Cape Cod Commission gave an overview of pathway issues and projects.  Cape Cod Pathways was a program established by Barnstable County in 1983 to connect walking trails across Cape Cod and to encourage people to enjoy their environment, provide educational opportunities, etc.  The initial idea was to connect walkways between towns, establish trails, and the long range plan is to establish a path from Provincetown to Falmouth.  She provided brochures on Cape Walk and gave an overview of Cape trails.    She also stated they do cleanups in various towns.  She identified the various partners they work with and how they coordinate the activities such as trail markers, trail development, and land acquisition.  An overview of different towns’ activities was presented.    

The Commission discussed the possibility of changing the law to allow postponing hearings due to lack of paperwork from DEP and MESA.  One suggestion was to have the applicants sign a waiver allowing the Commission the ability to schedule the hearing after all paperwork is complete.                    
        
Emily Beebe represented Frank Caulfield and stated the problems on his property are run off and erosion from Route 6.  Beebe requested the Commissioners guidance on making the correct repairs.  The topography of the property as well as the area on Route 6 which abuts it were discussed.  Beebe proposed removing some of the materials in the area and revegetating wildlife habitat.  She recommended digging a ditch from Route 6 and placing stones in it as a drainage way.  Caulfield will come back with an application for a NOI.  

Public Hearings start at 5:00 pm:

Baptist, NOI, 461 State Hwy, Map 42, Parcel 130, Create additional pervious parking area (Cont’d from 11/15/06).  Applicant did not show up for the hearing.  Cyndi Moe moved to deny the application; seconded by Paul Banner; voted  7-0 with conditions:  The pile of dirt must be removed  and a barrier is to be provided between the parking area and the marsh land.      

Bessette, NOI, 2685 State Hwy, Map 15, Parcel 127, 129, & 130, install paving (Mobil Station) Cont’d from 11/15/06).  A letter from Bessette was read into the record requesting withdrawal without prejudice.  Ginie Page moved to accept the withdrawal; seconded by Paul Banner; passed
7-0.

Ross, Certificate of Compliance, 945 Chequessett Neck Rd., Map 19, Parcel 98.  Ginie Page made a site visit and stated the area is full of small stones and the beach has lowered.  Fabric has been placed in the appropriate areas and replanting taken place; however, she feels the chink stones need to be removed and the beach cleaned up.  Agent Greenberg will write a letter to Ross advising them they have to remove the chink stones and to advise them the beach should be renourished in order to maintain the beach elevation which was depicted on the plan.  If they feel renourishment is not necessary, they are to have an engineer submit a letter.  Cyndi Moe moved to withhold the C of C until the beach is cleaned up and renourishment is added to the rocks; seconded by Ginie Page; passed 7-0.    

Zinn, Certificate of Compliance,189 Samoset Ave., Map 28, Parcel 98.  Agent Greenberg recommended .  Ginie Page moved to issue a Certificate of Compliance with conditions; seconded by Edwin Reynolds; passed 7-0.  Conditions will include the property owner will contract with an engineer to review the nourishment situation by April 30 of each year.  

Jurisdictional Opinion: 375 King Phillip Road:  The owners want to sell the house and reestablish a pre-existing view to the marsh that has become overgrown with pine trees.  The project will be removing the saplings and chipping the wood.  Paul Banner moved to approve the JO; seconded by Ed Reynolds; passed 7-0.  

Jurisdictional Opinion: 45Aaron Rich Road, Map 29, Parcel 282:  Remove a stump and fill with soil.  There is also a dead locust tree close to the house which they want to remove.  Ginie Page moved to approve the JO; seconded by Lonni Briggs; passed 7-0.
    
MacConnell/Neylon, RDA, 5164 Cliff Road, Map 24, Parcel 100:  Septic System Upgrade.  Emily Beebe represented the applicant.  Work will be within the buffer zone and coastal bank.  Discussion took place regarding the location of the wells in the neighborhood and the erosion of the bank.   Beebe stated the limited area of land to work with constricts flexibility with changing her plans.  Beebe will bemoving tanks up to the retaining wall and supplying the Commission with revised copies of the plan.  Ginie Page moved to continue the hearing until the Board of Health makes a decision; seconded by Lonni Briggs; passed 7-0.   Cyndi Moe moved to identify the project as a Negative 3 and approve plan 1244 dated 11/15/06 with conditions; seconded by Paul Banner; passed 7-0.  

Foust, NOI, 475 Chequessett Neck Rd., Map 19, Parcel 125:  Replace wooden walkway over salt marsh.   Dick Lay represented the applicant and stated no DEP number had been assigned and there was no word from Natural Heritage at this point.  Lay stated they wanted to change the height of the walkway to 18 inches as revised in the plans provided.  Agent Greenberg stated they could call a special meeting as soon as DEP and Natural Heritage responds.    Cyndi Moe moved to continue to an indefinite date; seconded by Ginie Page; passed 7-0.

Agent Greenberg stated she made a site visit to Peace Valley Road and reported there is a large amount of fill and sand placed at the end of the driveway which is migrating into the resources.  Greenberg issued a letter to Cavanaugh and ordered her to remove excess fill.  She does have a history with not following regulations and if no action is taken soon, fines will be put in place.

Jurisdictional Opinions:

376 King Phillip Road, Map 33, Parcel 184: Develop a footpath from coastal bank to the rack line in a zig zag pattern.  There will be minimal pruning for the footpath.  Ed Reynolds moved to approve the JO; seconded by Paul Banner; passed 7-0.  

10 First Ave, Map 30, Parcel 120  Lt. Island:   clean up coastal bank of concrete, railroad ties and debris.  Ginie Page moved to approve the JO; seconded by Cyndi Moe; passed 7-0.

Ginie Page reported Bernard Greenhouse had donated land to the Conservation Trust located by the Mayo Creek Marsh and he requested verbally to do some vista pruning.  Ginie requested Agent Greenberg write a letter thanking him for the generous donation, but that any work on the land requires a Jurisdictional Opinion or a RDA be filed.  

The Commission asked about the status of the Danforth property.  Greenberg stated she and Paul Murphy, the Building Inspector, have made a recent site visit.  

Dates have been updated for access to Egg Island for shell fishing.  

The Land Bank asked the Conservation Commission to assume responsibility for property near Drummer Cove.  No action is necessary at this time.  The Commission recommended a potential “adopt a trail” program.  

The Massachusetts Audubon sent a notification of the 12th Annual Cape Cod History Conference will be held March 17, 2007 at Cape Cod Community College.  People are encouraged to make  presentations regarding local plans, etc.   

Cyndi Moe moved to adjourn the meeting at 6:45; seconded by Ginie Page; passed 7-0.

Respectfully submitted,


Christine A. Bates
Committee Secretary