Minutes of Conservation Commission Public Meeting
Date: May 2, 2007
Time: 04:00 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
Dottie Dolan called the meeting to order at 4:05 pm.
1) Dottie Dolan reported beach monitoring was scheduled for 5/5/07 at 9:00 am.
2) There will be an Endangered Species workshop on May 24, 7:00 pm at the Wellfleet Library.
3) Wellfleet’s Hazardous Waste Collection will be held June 2, 09:00 am to noon at the Town Transfer Station.
Charlie Amsler and Martin Nerber requested an opportunity to discuss property located near the Tayler Farm, which is abutted by property owned by the Conservation Trust. Amsler stated there is an underground dwelling located on the property that is in need of repair. Amsler contacted Dick Slade to have surveying performed. In order to access the property do the surveying, some clearing of brush needs to be done. Ginie Page recused herself. An attorney will be sending a letter to the Commission to get permission to access the property through some of the Conservation Trust property. Amsler will come back to the Commission with a plan for future work. Chet Lay will file paperwork. Cyndi Moe moved to approve a Jurisdictional Opinion for clearing the brush and removing
downed trees in order to survey the property for the Martin Nerber property and the Town of Wellfleet property; seconded by John DiBlasio; passed 5-0.
Dottie Dolan requested further information on the Danforth property regarding the shed. Meeting minutes of 04/05/06 were read. The sheds she is currently building are 5 feet from the property line and will be cantilevered. Dottie requested Agent Greenberg write a stop order. It was clearly stated in the 04/05/06 meeting minutes the house needs to be lowered on the foundation before the shed(s) can be built. The Court has given Danforth additional time; therefore, the town doesn’t have jurisdiction. Cyndi Moe moved to have Agent Greenberg write a letter to Danforth and stop work on the shed until there is a Certificate of Occupancy. Discussion took place regarding the Town’s inability to enforce regulations
because the Court supersedes the Town. The court issues with Danforth will be over sometime in mid-June and Agent Greenberg doesn’t feel the judge would give Danforth an additional extension. Cyndi
Moe asked if we could hire an environment person to make a list of all the violations and go to court. Agent Greenberg stated she would rather spend money elsewhere. John DiBlasio seconded Moe’s motion to have a letter written to Danforth stating she must stop work on the shed until she has a Certificate of Occupancy; passed 6-0.
Ginie Page reported on the Open Space – Conservation Commission Management Plans for property checks. Ginie has been working with Bob Jackson who is requesting additional training. Cyndi and Ginie inspected several properties today. There was discussion about who is entrusted to manage the property. Banner stated we do not know enough about the properties to manage them and we need to keep records to identify them. The list would be maintained in the Conservation office. Agent Greenberg recommended the Commissioners be assigned properties for their observation.
Agent’s Report
Doug Ritter has been in contact with Agent Greenberg who is an abutter to the trails on Lt. Island Road. Agent Greenberg stated she would like to put this on the agenda May 16, 2007 in order to hear public comment. Ritter has concerns about the trail and would like to have his concerns heard. This will be scheduled for 05:00 at the next public hearing. The Conservation Trust will be notified of the hearing.
Open Space Agenda – Geiger and Ziering regarding conservation restrictions.
Jurisdiction Opinion:
Richard and Jean Lay, 245 Gull Pond Rd: replace blue stone on driveway and do plantings. DiBlasio moved to approve the Jurisdictional Opinion; seconded by Ginie Page; passed 6-0.
Harborside Village: replace shells on road. John DiBlasio moved to approve the Jurisdictional Opinion; seconded by Cyndi Moe; passed 6-0. Agent Greenberg stated she is concerned with what appears are new parking areas. Agent Greenberg will request the Association come to the May 16 meeting for a discussion regarding structures, parking, etc.
Public Hearings:
5:00 pm Ross, 945 Chequessett Neck Rd., Map 19, Parcel 98, Certificate of Compliance (Cont’d from 04/18/07). The Certificates of Compliance were issued on April 18, 2007.
5:10 pm LeBart, Indian Neck Flats, RDA, shellfish grant. Cyndi Moe identified this as a Negative 2; seconded by Ginie Page; passed 6-0.
5:16 pm 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 (Cont’d from 04/18/07). Tim Klink, Coastal Land Design, submitted an updated site plan dated 4/27/07. Klink stated the drive would not be over the septic system and they would like to put a physical barrier between the driveway and septic system. Drywells will be placed for water run off from the driveway. Walkway would be placed on stone dust. Rosa Rogosa’s will be eliminated from the plant list. Revised Construction Notes identify all proposed amendments. An additional note will be added to locate a fence off driveway to prevent
vehicular traffic on leach field. Ginie Page moved to approve the AOOC on 4/27/07 Job 0-4096; seconded by Ed Reynolds; passed 6-0. Supervisor: Cyndi Moe
5:30 m O’Connor, 90 Lecount Hollow Road, Map 30, Parcel 9, AOOC, addition of screened porch and enlargement of footprint for stairs Frank Corbett represented O’Connor regarding the landscaping. Frank stated the O’Connor’s performed their own dump runs on the debris. Agent Greenberg gave an overview of the materials she identified in the resource area. There was discussion regarding the cutting the O’Connor’s did. Frank gave his overview of the plants which will be replaced. Planting will take place between Oct 1 2007 and Dec. 15, 2007. DiBlasio requested he be notified to view where the plants will be placed prior to planting. Agent Greenberg stated a revised drawing is required , with a copy sent to DEP and Natural Heritage. Ginie Page moved to continue to May 16, 2007; seconded by Ed Reynolds; passed 6-0.
5:50 pm Cape Cod Oil: (Dinger property), 140 Fox Island Road, Map 28, Parcel 207, RDA, landscaping, deck and driveway work. Gary Lucuss represented Scudder Oil Co. The project is to replace what was on the property prior to the oil accident. There was no trace of oil after the last survey and the property will be monitored on a regular basis. Cyndi Moe moved to identify this as a Negative 3; seconded by Ginie Page; passed 6-0.
Continuation of Business Meeting:
· Agent Greenberg required a signature for the Deed for the Whitman property.
· The Correspondence file was reviewed. Of particular interest was a copy of a letter sent to Schneider and the Indian Neck Association to clean the rocks
· Ginie Page questioned the camper on the Zelinsky fence. Agent Greenberg stated it is being stored there. There is access for animals.
· Ginie Page noted there is property for sale on Old Chequessett Neck Rd. The Order of Conditions has expired.
· Cyndi Moe identified additional dirt pile(s) at the $2 T-Shirt store on Route 6. Agent Greenberg will notify the owners to put up some kind of blockage.
· Cyndi Moe reported there was tree topping on Cove Road. Agent Greenberg will follow up.
· Agent Greenberg reported the Gilmore pretrial hearing is scheduled for June.
· Petty read exempt minor activities in the buffer zone or riverfront area.
· Dottie Dolan reported an application was submitted to have Americorp work on the notebooks.
· Agent Greenberg reported there is an Emergency Preparedness Workshop scheduled for May 5 at the COA from 12:00 to 4:00 pm.
John Blasio moved to adjourn at 6:10 pm; seconded by Paul Banner; passed 6-0.
Respectfully submitted,
Christine Bates
Committee Secretary
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