Minutes of Conservation Commission Public Meeting
Date: April 4, 2007
Time: 4:00 PM
Location: Town Hall Meeting Room
Commissioners Present: Co-Chair John DiBlasio, Cyndi Moe, Ed Reynolds, Paul Banner, and Ginie Page
Regrets: Co-Chair Dottie Dolan and Lonni Briggs
Staff Present: Hillary Greenberg, Conservation Agent, Andrew Petty, Assistant Conservation Agent and Christine Bates, Committee Secretary
4:00 - Business Meeting & Conservation Agent's Report
Co-Chair John DiBlasio opened the Business Meeting at timeMinute26Hour184:02 pm.
Correspondence:
· Various flyers
· Letter regarding the Brimm and Woods property- the Town is being sued because the Commission did not make a condition that Brimm’s renourish prior to the work beginning.
· Letter from Mark Burgess regarding Kandell decision - disappointed in Commission’s decision (short rocks next to large rocks).
· Stop work order for Ferris project
· Stop work order for 90 LeCount Hollow Rd.
· Pictures of Brimm’s property from Attorney Landreth
· Brochure on “how to attract more wildlife”
· Letter from Don Nagle regarding the Woods lawsuit
· Emergency Certification for Pickard to renourish Agger’s property
· Natural Heritage letter on the Catholic Church
· Architect Studio flyer on landscaping service
Denny O’Connor of the Conservation Trust gave an overview of the Whitman property on Indian Neck Road, who wants to donate the property. It was recommended he split the property for tax purposes. A Conservation Restriction would be placed on the property to offset personal taxes. Based on a new law which allows a CR, a person can deduct up to 50% of income up to 15 years. One party will take a fee title and the other party will have a CR. He wants the 2nd party to be the Town. He requested the Commission make a recommendation to the Board of Selectmen to have the Town accept the donation and have the Commission have jurisdiction over the land. Agent Greenberg stated the land could be developed if it were not donated. Ginie Page recused herself from the vote. Cyndi Moe moved the Commission make a recommendation to the Board of Selectmen to accept the donation and have the Fee Title with the Town for conservation purposes; seconded by Ed Reynolds; 4-0.
Denny O’Connor also reported Robert DuBeau would like to put a Conservation Restriction on the lower portion of his property to restrict any future development. The owner will get relief at the Town property tax level. There is public access to water. The owner will hold the CR on the property. Ginie Page recused herself from the vote. Cyndi Moe moved to approve the CR for the Conservation Trust for the DuBeau property; seconded by Ed Reynolds; passed 4-0.
Jurisdictional Opinion:
Conservation Trust, 265 Lt. Island Road, trim trees in the 100’ zone and install benches along the trail. Mr. Ritter, an abutter, would like to see a fence put up along his property to keep his privacy; however, the Commission does not have jurisdiction over fences. Ed Reynolds moved to approve the Jurisdictional Opinion; seconded by Cyndi Moe; passed 4-0 (Ginie Page recused herself).
Mac and Alex Hay (Mac’s seafood) replace the brick and stone that covers their septic. They are proposing putting decking over the system and have hatches which would allow them access to the system. Cyndi Moe noted they do not own the property because the septic is on the Town property. (4’ by 30’). Ginie Page moved to approve the Jurisdictional Opinion; seconded by John DiBlasio; passed 4-0. (Cyndi Moe abstained).
Misc.
· Cyndi Moe reported the mosquito control group came to her property and pointed out the condition of the culvert on Ryder Road is dangerous. She questioned if the Commission could put together a warrant and present it to the Town to have the culvert repaired. Cyndi stated the culvert is on town land. DPW told her they do not have the funds to repair the culvert. Agent Greenberg suggested the neighborhood write a letter requesting the DPW repair the culvert.
· The work on the culvert on timeMinute26Hour18timeMinute26Hour18Commercial Street is incomplete at this time.
· Discussion took place regarding the experimental use of bales on revetments. (Yankelovitch as an example). Paul concerned there is erosion behind the stones. He would like to see an engineering review of the current conditions.
· It was reported the house with the oil spill has blocked the road and there is no through way.
· Cyndi Moe questioned if Chapter 91 pertains to work on the pier? Agent Greenberg will verify.
· The Gilmore’s admitted fault in Court and it will now be referred to a judge. The Order of Conditions expire in Sept. 2007.
· O’Connor of 90 LeCount Hollow Road requested a continuation to May 16 so a landscaping plan can be put in place. Agent Greenberg stated fines could be imposed.
· Neighborhood Garage – Agent Greenberg received a call from Emily Beebe, stating the owner wants to hire an engineer to delineate the wetlands. No new plans have been provided.
· Lt. Island – Pickard hoping to start work next week at the Agger property.
· Bruno access will not work – Coastal Engineering needs to review file.
· Agent Greenberg stated additional NOI’s will be required for people wanting access on other people’s property
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Paul Banner moved to approve the March 21, 2007 meeting minutes as amended; seconded by Ginie Page; passed 5-0.
5:00 – Public Hearings
Town of Wellfleet, Kendrick Ave, Map 20, Parcel 9: RDA, apply new asphalt playing surface on basketball court. Paul Lindberg represented the Town and gave an overview of the project which will include replacing 110’ x 85’ asphalt as well as replacing the chain link fence. There is no definite date when the work will take place. Cyndi Moe identified this as a Negative 3; seconded by Paul Banner; passed 5-0.
Hall, 3 Kendrick Ave, Map 21, Parcel 112: Certificate of Compliance. Mike Parlante owns the property now and confirmed a new septic was installed in 1997 and the paperwork needs to be brought up to date. Cyndi Moe moved to issue the Certificate of Compliance; seconded by Ed Reynolds; passed 5-0.
timeMinute26Hour18Cape Cod National Seashore, Great Island Trail, RDA, routine maintenance of trail Ben Pierson and Dawna St Louis gave an overview of the project which includes putting up new signs and replacing new water bars. Cyndi Moe identified this as a Negative 3; seconded by John DiBlasio; passed 5-0.
Sea Shells Condo’s, Chequessett Neck Rd, Map 129, Lot 12U, RDA, nourishment of beach
Alfred Pickard represented the applicant and gave an overview of the project. There is scouring behind the stone wall and they want to monitor the movement of the fill. There would be benchmarks to determine where the sand is going. Access will be through Powers Landing. Ginie The sand placement will be above the mean high tide and a sand analysis will be done to check the sand grains. Ed Reynolds identified this as a Negative 3; seconded by Paul Banner; passed 5-0.
Kosinski, 88 Ione Rd, Map 28, Parcel 68: RDA, Upgrade Septic System and add second floor to existing dwelling. David Lajoie represented the applicant and gave an overview of the project. The resource is Chipman’s Cove and brackish marsh. The second floor will stay within the same footprint. The addition will not make more bedrooms. David Wright, abutter, stated this is the 3rd cottage that has expanded. His concerns are drinking water for the neighborhood and concern about the Cove. This property is used as a rental and area is densely populated. John DiBlasio stated the Commission has no control over his concerns. Agent Greenberg suggested people participate in the Town Meeting and vote for Article 11 which will protect the
Estuaries. Ed Reynolds identified this as a Negative 3; seconded by Ginie Page; passed 5-0.
Elliott, 3B Indian Neck Road, Map 28, Parcel 231: AOOC: Installation of crushed stone driveway, cobblestone apron, brick walkway, installation of post light and additional foundation plantings Tim Klink of Coastal Land Design represented the applicant. This amendment is for landscaping changes. Agent Greenberg expressed concern that rosa rugosa be eliminated in the conditions. There is a wall coming out from the stairs that has not been approved by the Commission. Ginie Page moved to continue to 4/18/07; seconded by Cyndi Moe; passed 5-0.
O’Connor, 90 Lecount Hollow Road, Map 30, Parcel 9, AOOC, addition of screened porch and enlargement of footprint for stairs. A letter was received from Emily Beebe requesting a continuation to May 16, 2007. Cyndi Moe moved to continue to 5/16/07 at the request of the applicant; seconded by John DiBlasio; passed 5-0.
Sanders, 1100 Blackfish Lane, Map 30, Parcel 105, NOI, septic upgrade (Cont’d from 03/21/07) Matt Farrell from Bennett and O’Reilly represented the applicant.. Natural Heritage did not have any problem with the project. Representatives from the condo association stated they would like a copy of the approved vegetation plan, would like a commitment the land will be returned to the original condition, place the vent for the septic 40 feet away, and no work to be done from June 1 to September 7. Ed Reynolds moved to approve the NOI; seconded by Cyndi Moe; passed 5-0.
Ditoro, 120 Blue Heron Rd., Map 42, Parcel 133, NOI, construct new dwelling (Cont’d from 03/21/07). David Lajoie represented the applicant and gave an overview of the project. The vacant lot abuts a salt marsh and is within the ACEC, it is a small lot and the property is for sale with a proposed two bedroom dwelling. Discussion took place if the house could be moved to another location on the lot. Sara Moulter, an abutter, asked if there will be a house built. Agent Greenberg stated she would like a more definitive plan so the proposed buyer will know what they can do on the land. Lajoie stated the buyer would have to come before the Commission with final plans. A letter from abutter Parish and Dupuis stated they object the project. Lajoie
stated he does not have many options for an alternative analysis because of the size of the property, but he will tell Ditoro he will need a design that is smaller in size. Paul Weber, resident of the area, stated Carl Back has a minimum of 900 sq. ft for the size of a house. Faith Caplin, abutter, asked how people can build on land that is nonconforming. Agent Greenberg suggested moving the house ten feet closer to 8 Blue Heron Road, which will reduce the size. Cyndi Moe moved to approve the NOI with the condition that new plans be submitted showing the house 10 feet closer to Blue Heron Road and of a lesser size; seconded by Paul Banner; passed 4-1. .
Agent Greenberg requested the co-chairs attend the Town Meeting to be available to discuss the two articles on the Town Warrant.
Cyndi Moe moved to adjourn the meeting at 6:26; seconded by John DiBlasio; passed 5-0.
Respectfully submitted,
Christine Bates
Committee Secretary
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