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Minutes of Conservation Commission Public Meeting
Date: June 6, 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 Agent, and Christine Bates, Committee Secretary
4:00 Meeting & Conservation Agent's Report
Co-Chair Dottie Dolan called the meeting to order at 4:05
Chris Patterson and Malcolm Wright stated a bulk head was installed in 1986 for five properties located at addressStreetPleasant Point Road. Patterson requested permission to reinstall 2’ x 12” on edge 16’groins which would be above the mean high water. There was discussion regarding where the sand had gone and where the sand would go with the groins. Cyndi Moe had concerns about trapping sand in this area and Ginie Page stated she would like to see engineering plans. Agent Greenberg had called DEP and they permit wooden goings. Dottie Dolan stated the Commission would make a site visit on June 20, 2007.
Jurisdictional Opinion Marty Riley, 165 Third St., Lt. Island: Demolish structure and construct new dwelling utilizing current foundation along with a new septic system. Riley stated there would be some cantilevering on each side of the house. Agent Greenberg originally felt this would be a JO because all the work is being done on the current foundation. Greenberg requested an engineering analysis on the foundation. Riley stated the demolition would be done by hand. Paul Banner and Dottie Dolan stated they did not think this is a JO. Moe stated if the foundation is not sound and had to be removed, any new structure would have to meet current regulations. Cyndi Moe moved to deny this as a JO; seconded by John DiBlasio; carried 6-0. The Commission advised
Riley to file an NOI.
John Riehl questioned if MA Audubon could be challenged about the area blocked off from parking because it is partially tidal. Agent Greenberg stated it could be challenged because the use would be temporary. Riehl also questioned if Wellfleet has been directed by the State to have a beach renourishment program. Agent Greenberg stated the State will not regulate or help financially and it is up to the Town alone. Riehl stated he talked with Jim O’Connell who was authoring a beach renourishment report and Agent Greenberg will contact him to express the Commission’s interest in receiving the information which he is compiling.
Dottie Dolan moved to approve the Meeting Minutes of 05/16/07 with amendments; seconded by John DiBlasio; passed 6-0.
Dottie Dolan reported the Senior Environmental Corp has people who will work with Conservation Commissions on various projects. The Commission will consider potential projects for them.
Property Inspections and Updates: Dottie Dolan reported the various actions taken by the group. Ginie Page will review the areas and distribute the notebooks to the Commission.
Dottie reported Mike Parlante told her the sand from the dredging of the Harbor is going to Keller’s Corner. Agent Greenberg stated the Harbor Master will have to change his permitting; he would prefer to see the dregings deposited at Powers Landing. Ginie Page stated the original ramp at Keller’s Corner has been removed and people are walking over the sand. Dottie Dolan requested the Commission make a site visit to Keller’s Corner
Public Hearings
5:00 Berk, 180 Long Ave, Map 30, Parcel 127: Certificate of Compliance. Agent Greenberg requested a continuation because the deck was not built according to plan. Ginie Page moved to deny the Certificate of Compliance; seconded by Cyndi Moe; passed 6-0. Agent Greenberg will get in touch with Berk to get an as built.
5:03 Sparrow, 115 Parkington Hill Rd., Map 46, Parcel 23, NOI, septic upgrade, construct retaining wall and relocate shed (Cont’d from 05/16/07). The project had been explained to the Commission at the previous meeting. Agent Greenberg reported we had received the DEP number and Natural Heritage stated there is no problem. John DiBlasio moved to approve the NOI; seconded by Ed Reynolds; passed 6-0. Supervisor: Andrew Petty and Hillary Greenberg.
timeMinute8Hour175:08: O’Connor, 90 Lecount Hollow Road, Map 30, Parcel 9, AOOC, addition of screened porch and enlargement of footprint for stairs (Cont’d from 05/16/07. The O’Connor’s requested a continuation to June 20, 2007 for the amended order. Cyndi Moe moved to continue to June 20, 2007; seconded by Ginie Page; passed 6-0. Frank Corbin, who is responsible for the revegetation, stated the plantings are scheduled for the last week in June so the plants can be watered. Natural Heritage has not responded. Agent Greenberg requested the designated area of planting be staked. Corbin stated no native plants will be removed. Greenberg will not issue the Certificate of Occupancy until she gets the Natural Heritage report. Cyndi Moe moved to
continue to June 20, 2007; seconded by Ginie Page; passed 6-0.
5:23 Krasting, 180 Cliff Rd., Map 24, Parcel 84, NOI, Relocate dwelling and reconstruct deck. David Little from Ryder and Wilcox, Ms. Krasting, and Attorney Ben Zehnder came to the table. Little gave an overview of the project which included removing the foundation, placing the dwelling on pilings, and revegation plans. The Commission requested volume calculations, deconstruction plans, a revegetation plan and a piling plan, identifying the space below the pilings. Discussion took place regarding the potential disturbance to the property and the size of the decking. A letter from Michael Bliss of 175 Cliff Rd. was read into the minutes, listing several concerns and recommended conditions. John Ivan, Attorney, representing the Ross and Shuman families, requested a
continuation so the abutters could have an opportunity for further discussion with the applicant regarding the decking and foundation removal, as well as the new location for the structure. Cyndi Moe moved to continue to July 18, 2007; seconded by John DiBlasio. Attorney Zehnder stated there are several issues which need to be worked out with the abutters. Jay Horowitz, an architect, stated the ZBA had made a change in their policy so they do not have to be the last board to review cases. The vote to continue passed 6-0.
5:56 Vatner, 116 Hiawatha Rd., Map 28, Parcel 182, NOI, demolish existing structure, rebuild new dwelling and new septic. Tim Brady, East Cape and the Vatner’s came to the table. Brady gave an overview of the project which includes a full basement and a second floor, the upgrade of the septic system and well, identification of the wetland issues, and disturbance to the resources. The proposed location complies with zoning regulations. A small portion of the proposed dwelling is in the 50 foot buffer zone, with all the dwelling in the 100 foot zone but outside of the flood zone. Discussion took place about alternate locations for the septic. A letter from Mr. Shimko, an abutter, was read into the record regarding his concerns. Richard LaPosta,
an abutter, spoke at the hearing and gave a list of his concerns and recommendations. Jay Horowitz, architect of LaPosta, stated there is no proposed structure drawing, and feels this is a significant issue. He felt the house could stay in the same location, lessening the disturbance. Agent Greenberg asked if they would consider renovating the existing structure, and feels this is a very fragile area. Brady stated he will come back with a list of the resource areas and why this project still protects the area. Brady will supply a comparison of the two locations and supply a site plan of the abutters’ septic and well sites. Ed Reynolds moved to continue to August 1, 2007; seconded by Ginie Page; passed 6-0.
6:25 pm Pearson, Certificate of Compliance; John DiBlasio moved to issue the Certificate of Compliance; seconded by Ed Reynolds; passed 6-0.
6:30 pm Malone(Housing Authority), 120 Paine Hollow Rd., Map 29, Parcel 300, NOI, construct driveway and drainage for proposed residential affordable dwellings. Tim Brady of East Cape Engineering represented the applicant. He gave an overview of the project, stating there are 7 proposed separate units which are out of the buffer zone, there will be a paved driveway with 2 catch basins at the base; and there is a storm management plan in place. Brady stated there is also a catch basin located on Paine Hollow Road which will take care of run off from the property. There will be a total of 11 bedrooms. Discussion took place regarding the run off, salt on the road and drainage. Dave Bennett, of Bennett and O’Reilly, requested the Co-Chair read the letter from Attorney
Koff who represents several abutters in the area. Dottie Dolan read the letter from Attorney Peter Koff dated 06/06/07 describing the abutters’ concerns and recommendations. Janet Lopke, an abutter, spoke for herself and the Gurnsey’s, stating the catch basins are not handling the water issues at the current time and expressed concerns about the well locations, the pitch of the driveway and the water run off. She would be willing to supply water test information. Agent Greenberg requested Brady to respond to the concerns in the letters for the next meeting. John DiBlasio moved to continue to 6/20/07; seconded by Ginie Page; passed 6-0.
Ginie Page moved to adjourn at 7:00 pm; seconded by Ed Reynolds; passed 6-0.
Respectfully submitted,
Christine Bates
Committee Secretary
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