Minutes of Conservation Commission Public Meeting
Date: May 16, 2007
Time: 4:00 pm
Location: Town Hall Hearing Room
Commissioners Present: Co-Chair John DiBlasio, Cyndi Moe, Ed Reynolds, Paul Banner, and Ginie Page
Regrets: Lonni Briggs and Dottie Dolan
Staff Present: Hillary Greenberg, Conservation Agent, and Christine Bates, Committee Secretary
4:00 Meeting & Conservation Agent's Report
Co-Chair John DiBlasio called the meeting to order at 4:05 pm.
Conservation Agent Report
· Household hazardous waste collection is scheduled for June 2
Correspondence:
1. Letter from Agent Greenberg to Denny O’Connell regarding the foot trail on Lt. Island Road. Received a response stating the Conservation Trust will respond after they have a chance to vote on it.
2. Fred Armstrong supplied an article from FL about beach nourishment.
3. Seminar Monday, May 21, special communications for elders.
4. Letter from Greenberg to Doug Ritter and Sara Gallston regarding hearing on addressStreetLt. Island Road trails.
5. Letter from Greenberg to Baptist regarding the ongoing landscaping at the Seabury Gift Shop.
6. River front protection seminar
7. Letter from Greenberg to Danforth ordering a cease and desist on building the shed
8. Report from National Park regarding salt in drinking water for residents residing near the placePlaceNameHerring PlaceTypeRiver area.
9. MA Wildlife News
· Agent Greenberg will write a letter to Harborside Village asking them to submit an amendment to their Order of Conditions for the 17 trailers regarding additional decking and stairs required for the egresses.
· The Commissioners selected Town owned parcels of land they would monitor.
· Agent Greenberg will revise the Rules and Regulations which were recommended by the Commission.
· Gordon Peabody will be doing a MESA seminar on May 24 at 7:00 pm at the library.
· Agent Greenberg spoke with Mr. Maxson from Chequessett Neck Rd who supplied pictures from 1960 identifying granite rocks on his property.
Ginie Page reported there will be a mapping workshop at the COA at 4:00 on May 21.
Paul Banner stated his term will end June 30, 2007. Agent Greenberg reported Lonnie Briggs will resign from the Commission because she is moving to California.
Agent Greenberg will contact the Provincetown Banner and Cape Codder to have an article written regarding volunteers to serve on the Commission.
A new condition will be added that states the applicant or engineer will provide pre and post photographs.
John DiBlasio reported someone had taken many horseshoe crabs out of the bay.
Cyndi Moe asked if anyone had information on the porta-poddy at the Ferris property. Greenberg reported it is not a permanent fixture and is being used by the schools for children doing field trips.
Ginie Page moved to approve the Meeting Minutes of 05/02/07 with amendments; seconded by Cyndi Moe; passed 5-0. Meeting Minutes of 04/18/07 will be addressed at the June 6, 2007 meeting.
Public Hearings:
5:00 pm Phillip Shapiro, 56 Warren, Map 36, ,Parcel 107: Certificate of Compliance. Agent Greenberg stated all work is in compliance. Cyndi Moe moved to approve the Certificate of Compliance; seconded by Ginie Page; passed 5-0.
Bayberry Hills Conservation land located off addressStreetLt. Island Road. Ginie Page recused herself. Doug Ritter, abutter, came to the table. Ritter stated a comprehensive plan had not been submitted to land owners abutting the property. He expressed concern regarding safety, privacy, and lack of knowledge of the proposal. Denny O’Connell from the Conservation Trust came to the table and gave an overview, stating the proposal is on Town owned land. He stated there has always been the intention to have a trail there and a Conservation Restriction was placed on this property. This property was purchased in1999 and is in a partnership with the Town and Conservation Trust. Ritter stated he has had little contact with anyone and very little information
has been given to him. O’Connell stated they have tried to lessen the visibility of where the trail will go. Rachel Ernst, an abutter on addressStreetLt. Island Road, stated they have a trail by their house and have not experienced any problems with people walking on their property. Joan Gallston, an abutter, questioned how the town “owns” the land, and what is “conservation”. She feels a trail will destroy the ground and growth of plants. She was told she would have to increase her home owner’s liability in the event someone wanders on her property and she asked who will pay the increased premium. Jan Plaue, representing the Land Bank Committee, stated the Conservation Commission manages the land site which ensures nothing can be built on it. Jan stated that passive recreation is allowed on Land Bank acquisitions. Ritter stated he is concerned that the trail is advertised on the web, people
trespassing on his and abutters property and stealing items from his property. He would like to see an environmental review because he believes turtles reside there. He feels this is very intrusive to him with people only 35 feet from his front door. He questioned how the Conservation Commission would protect the area from fires. O’Connell stated all committees involved were very public about the project and that the Conservation Commission has rules and regulations in place. Mark Robinson of the Cape Cod Compact stated the tax payers helped fund this property and the area was studied in depth. He stated the paper road is 40 feet wide and the Town owns the road and Ritter and Gallston have the right to use the road. He stated he didn’t think the turtles would be affected. With proper signage, he doesn’t anticipate people will trespass on abutters’ property. Cyndi Moe stated this is “our”
land and wants access to the property to be able to enjoy it. Peter Hall stated one other abutter of the land stated he was willing to do the clearing for the path, so not all abutters are against the project. Ritter reiterated he would like to see something written that will inform him of all activities. Robinson stated he feels thoughtful signage is necessary for the area to identify parking areas, etc. Ritter questioned Hillary on how the Commission handled their decision and wanted to know if this was part the trail system. Agent Greenberg gave an overview of the RDA application and order of conditions. Robinson stated the Cape Cod Commission will pull the information off the web until the trail is installed. Cyndi Moe suggested the trail sign be eliminated until the trail is built. Ritter questioned why other land is not being used instead of this trail. Discussion took place, identifying various other potential areas for
trails to be built. O’Connell stated much thought goes into where the trails are chosen to be. Hankey stated the Trust has been around for 23 years and he questioned Ritter if he has seen any damage to other trails in the area. Robinson stated Sarah Gallston reviewed her package of information and stated she was happy with the project. DiBlasio requested Ritter write a letter identifying the issues and solutions to the Commission he has regarding this property.
Paul Banner moved the Commission stand by their original vote of approval of this project; seconded by Cyndi Moe; passed 4-0.
Ginie Page returned to the table.
6:00 pm Blake, 130 Old Wharf Rd, Map 36, Parcel 18.3, Certificate of Compliance, new dwelling. Agent Greenberg stated this project was completed and in compliance. Cyndi Moe moved to approve the Certificate of Compliance; seconded by Ed Reynolds; passed 5-0.
6:04 pm Britnall, addressStreet26 Pine Point Rd., Map 21, Parcel 69, AOOC. Emily Beebe represented the applicant with a revised plan dated 4/19/07. She stated the plumbing would be moved to the inside of the house. The work limit has been reduced. This was approved by the Board of Health. Cyndi Moe moved to approve the revised plan of 4/19/07; seconded by Paul Banner; passed 5-0. Agent Greenberg requested the original conservation notes be put back on the revised plan and remove the special condition that hand trenches be removed.
6:08 pm Sparrow, 115 Parkington Hill Rd., Map 46, Parcel 23, NOI, septic upgrade, construct retaining wall and relocate shed. Stephanie Sequin of Ryder Wilcox represented the applicant and stated the house is on the market for sale. She gave an overview of the property. Almost all the property is in the ACEC area. The current leaching pit will be pumped out and filled in. Because of the drainage problem with the driveway, they want to install a draining trench behind the wall and install a catch basin at the end of the drive and build a retaining wall. The pavers for the driveway will be interlocked. Paperwork from DEP and Natural Heritage had not been received. Cyndi Moe moved to continue the Sparrow application to June 6; 2007; seconded by Paul Banner; passed
5-0.
6:14 pm McDonald, 2675 State Hwy, Map 25, Parcel 128, relocation of house. A letter was received from the McDonald’s requesting permission to move a house from Eastham and place it on the existing foundation. Ron Stranger and Norma McDonald came to the table. Photographs of the house to be moved were reviewed by the Commission. McDonald did not have any engineering plans, elevations, dimensions, bedroom count, floor plans, etc. of the house. The Commission stated if the building fulfilled the zoning requirements, they would be amenable to seeing plans and advised McDonald to submit a NOI with the required materials. This would be a new notice of intent and would include the demolition of the old building. McDonald stated the barn would be removed. Agent Greenberg advised McDonald the permit has expired for the septic upgrade. McDonald will get information and apply with an NOI.
6:33 O’Connor, 90 Lecount Hollow Road, Map 30, Parcel 9, AOOC, addition of screened porch and enlargement of footprint for stairs (Cont’d from 05/02/07). A letter from the applicant requested a continuation to June 6, 2007. Cyndi Moe moved to approve a continuation to June 6, 2007; seconded by Ginie Page; passed 5-0.
Cyndi Moe moved to adjourn at 6:35; seconded by Ed Reynolds; passed 5-0.
Respectfully submitted,
Christine Bates
Committee Secretary
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