urn:schemas-microsoft-com:office:smarttags013fMinutes of Conservation Commission Public Meeting
Date: March 21, 2007
Time: 4:00 pm
Location: Town Hall Hearing Room
Commissioners Present: Co-Chair Dottie Dolan, Co-Chair John DiBlasio, Cyndi Moe, Ed Reynolds, Paul Banner, and Ginie Page
Regrets: Lonni Briggs
Staff Present: Hillary Greenberg, Conservation Agent, Andrew Petty, Assistant Conservation Agent and Christine Bates, Committee Secretary
4:00 Meeting & Conservation Agent's Report
John DiBlasio called the meeting to order at timeMinute7Hour164:07 pm.
Agent’s report:
1) Copies of local regulations distributed to Commission to use as a reference during hearings.
2) Norma Gilmore and Agent Greenberg are going to Court on March 27, 2007 regarding the fines.
3) Discussion took place how the Commission can better uphold the regulations with applicants as well as those not following regulations and not filing applications. One example was Gordon Peabody doing some work without filing an application. The Commission stated they felt fines should be given to the violators.
Open Discussion:
· Cyndi Moe stated decking was installed on pressure treated wood with no footings and it appears another deck will be installed at the Mayo Beach Recreation Building. Agent Greenberg will discuss with the DPW and the Building Inspector.
· Cyndi Moe advised the agents there was clear cutting done at a property located on Bound Brook. Andrew Petty stated he was at a perk test recently and will make a site visit. Andrew gave an example of what is considered a “dune” and a “dune on a bank” when the property has many variations and what the Commission can regulate, based on
a court hearing on Nantucket.
· Ginie Page expressed concern that some of the filings are not providing enough information and requested a letter be sent to engineers advising them of the paperwork the Commission would like included with the application.
· Some cutting has been done on Trust property across from the Malnak’s property. Andrew or Hillary will make a site visit.
· Ginie Page stated she feels the revetments on Sand Piper Hill will require renourishment..
· To date, 3 abutters have responded to the Open Space letter about Town owned land..
· It appears two pine trees have been cut down on the Greisinger property.
· John DiBlasio stated the Coastal Pond and Access Committee is involved with Map 40, Parcel 181, (Bruno / Town property) on the revetment project. Agent Greenberg expressed concern with access and will review the file. This is the property the Commission gave
approval to go before the April Town Meeting.
· Adverse Possession: information regarding people being able to access areas through private property was distributed. Andrew Petty stated Adverse Possession has to be determined by the length of time the paths / roads have been used.
· Map 41, Parcels 171 / 170, and 183 on Lt. Island – some dumping has been done on these properties.
Jurisdictional Opinion: Thomas Kane of 155 Pine Point Rd, requested the right to remove bittersweet on bank and plant new vegetation to control the erosion on the bank. Ginie Page moved to issue a positive Jurisdictional Opinion to remove bittersweet and replace with native species; seconded by Ed Reynolds; passed 5-0.
Cyndi Moe moved to approve the 03/07/07 Meeting Minutes with amendments; seconded by Ed Reynolds; passed 4-0.
Ferris 1005 Third Avenue, Map 40, Parcel 8: Mark Burgess of Coastal Engineering, represented Ferris and Alfred Pickard, represented abutter Agger owner of Map 41, Parcel 153. Discussion took place with regards to issues resulting from unauthorized access to the beach for the Ferris NOI. The contractor for Ferris accessed the beach with an excavator through the Agger property without proper permission. Mark Burgess stated the access will be restored to the original condition. Pickard stated Agger has hired him to put the property back to the original state and plans to plant 10 or 12 young beach plums and place a temporary fence on the entrance to the pathway leading to the beach. Cyndi Moe stated the Commission thought it was a legal access. Bob Prescott of MA Audubon
joined the discussion and recommended placing boulders at the entrance; however, Pickard stated it is Agger’s property and he would not want boulders on his property. Discussion took place among the parties involved including plantings, turtle population, and ownership of the property. Agent Greenberg stated a sign was erected stating “Construction use only, no vehicular access”. Agent Greenberg also stated a wildlife biologist has to be called into review the terrapin population and Burgess stated he would have to contact his client regarding the additional work involved. John DiBlasio asked Burgess, Prescott, and Pickard if they were all amendable to the restoration. All parties agreed individually and stepped outside to further discuss specifics of the restoration. All 6 members of the Commission present agreed to the restoration plan that was discussed. Natural Heritage will receive a copy of the Emergency Order.
Public Hearings:
5:25 pm Martin/Hoffman, 133 Paine Hollow Rd., Map 29, Parcel 399, C of C. Agent Greenberg stated the certified As Built must be reviewed; therefore, no Certificate of Compliance will be issued at this point. Cyndi Moe moved to continue indefinitely; seconded by Dottie Dolan; passed 6-0.
Town of Wellfleet, The Herring River “Gut”, NOI, install snow fencing to protect the dunes (Cont’d from 03/07/07). Natural Heritage and DEP information was received. Ginie Page moved to approve the NOI; seconded by Cyndi Moe; passed 6-0. Agent Greenberg reported the Conservation Commission and the DPW purchased the materials and the Shellfish Community and Advisory Board will be doing the installation. Supervisor: Paul Banner.
Marschall, 45 Forrest Rd, Map 16, Parcel 619, RDA, replace decking. Shawn Cowing, Builder, gave an overview of the project which requires sono-tube footings. Cyndi Moe moved to identify this as a Negative 3; seconded by Dottie Dolan; passed 6-0. Shawn stated debris will be removed, holes will be hand dug, and cement will be hand mixed.
O’Connor, 90 LeCount Hollow Rd, Map 30, Parcel 9, AOOC, enlarge stairway and add landing. Cyndi Moe moved to continue to 4/4/07; seconded by Dottie Dolan; passed 6-0.
Sanders, 1100 Blackfish Lane, Map 30, Parcel 105, NOI, septic upgrade. Keith Fernandez and Matt Farrell. Farrell reported he met with abutters and members of the Drummers Cove Condo Association and their concerns included erosion, water supply, and parking. Farrell stated he would revegetate with beach plum and/or placerosa rugosa. Access will be on part of the road and parking area. Farrell is recommending Sanders drill their own well as they currently get their water from Drummers Cove Condo’s. The commission discussed the well location and the amount of renourishment required. The Commission requested the brush pile by the water be removed. Information has not been received from Natural Heritage; therefore, Cyndi Moe moved to continue to 4/4/07;
seconded by Ginie Page; passed 6-0.
Ditoro, 120 Blue Heron Rd., Map 42, Parcel 133, NOI, construct new dwelling. Continued due to lack of material from MESA. Ginie Page moved to continue to 04/04/07; seconded by Dottie Dolan; passed 6-0.
Caulfield, 1500 State Hwy, Map 30, Parcel 29, RDA, Stabilize bank and erosion control (Cont’d from 03/07/07) Emily Beebe and PersonNameGordon Peabody represented the applicant. Since this was filed under local regulations, DEP is not involved in the project. Beebe gave an overview of the banks, removal of fill from the base of the slope and top of the bank, removal of Caulfield’s drainage control consisting of bricks and debris, and the work which will be done on Cassick Valley Road. Peabody stated it is approximately 14,000 gallons of water, not the 40,000 gallons he specified in a previous meeting. Caulfield will do the work on the roadway. There are 3 catch basins to be installed in the parking area. The fencing along the top of the bank will
remain. Peabody suggested informal status reports be given to the Commission in June and again in the fall. Peabody stated “The proposed work will be completed within 30 days of approval.” The site plan provided to the Commission did not include the delineated wetland area, nor did it provide the related buffer zone to a fresh water wetland. Beebe is to provide a revised plan prior to the commencement of work. PersonNameGordon Peabody will provide reports and be the Site Manager. Cyndi Moe identified this as a Negative 2; seconded by Paul Banner; passed 6-0.
Dottie Dolan moved to adjourn the meeting at 6:20 pm; seconded Cyndi Moe; passed 6-0.
Respectfully submitted,
Christine Bates
Committee Secretary
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