Minutes of Conservation Commission Public Meeting
Date: July 18, 2007
Time: 4:00 pm
Location: Town Hall Hearing Room
Commissioners Present: Co-Chair John DiBlasio, Cyndi Moe, Ed Reynolds, and Ginie Page
Regrets: Co-Chair Dottie Dolan
Staff Present: Hillary Greenberg, Conservation Agent, and Christine Bates, Committee Secretary
4:00 - Business Meeting & Conservation Agent's Report
Co-Chair DiBlasio called the meeting to order at 4:05 pm.
· Keller’s Corner needs a new ramp.
· Peter Watts on addressStreetPamet Point Road is putting a Conservation Restriction on his own land through the Conservation Trust. It was noted that because of time constraints, the paperwork will go to the Selectmen first, then come to the Commission in August.
· The annual meeting of the Cape Cod Conservation Trust will be held at the MA Audubon on August 11 from 5pm to 7 pm. Robert Hankey will be receiving an award.
· There is a walk scheduled on September 15 which will include guides from the National Park and Conservation Trust.
Agent Greenberg reported Doug Ritter has been in contact with her regarding the trail on Lt. Island. She advised Ritter to get an attorney if he wants to pursue action against the town. A letter will be sent to the Conservation Trust thanking them for paying the MESA filing.
Reorganization:
Cyndi Moe nominated Ed Reynolds and Dottie Dolan as co-chairs and Ginie Page as the Commission Clerk; seconded; by John DiBlasio, passed 4-0.
Jurisdictional Opinions:
Terry and McTeage: 334 Cove Road: hand removal of invasive trees. Ginie Page moved to issue the Jurisdiction Opinion; seconded by Cyndi Moe; passed 4-0.
McGuire, 72 Holbrook Ave: build a crescent shaped retaining wall and remove two trees. Cyndi Moe questioned if this project would create a parking area. Agent Greenberg will request the applicant file an RDA due to the size of the project. Ginie Page moved to reject the Jurisdictional Opinion; seconded by Cyndi Moe; passed 4-0.
Correspondence:
· Flyers, brochures,
· notification of the State of Wellfleet Harbor Conference scheduled for November 10. Ginie Page moved to co-sponsor the event; seconded by Cyndi Moe; passed 4-0.
· Copies of letters Agent Greenberg wrote on behalf of the Commission and the Conservation Dept.
· Fiddler collection research information.
· A letter from Jane Cole Giesler regarding Lt. Island trail stating concerns on box turtles located at the proposed Lt. Island trail. Agent Greenberg has requested Don Lewis survey the area.
Tom Flynn of the Coastal and Pond Access Committee described the marsh and parking area at West Meadow Ave landing on Lt. Island. He stated the Audubon owns the land which had been used by the public for parking. There has been severe degradation of the marsh due to vehicles. He stated the MA Audubon is concerned because the marsh will take a long time to come back. The Coastal and Pond Access Committee is recommending opening a road owned by the Town which has been closed. There is one area which has been hardened and the committee is recommending using this property as an access. He distributed letters dated 11/21/06 from the DPW Director, a letter to Selectmen dated 07/10/07, and a copy of a letter to Tom Flynn from David Flaherty, former Assistant Conservation Agent. Flynn
stated they are applying to the CPA for funding to form a new access and parking area. Agent Greenberg stated she is concerned that this project may not pass with MESA due to the fragile area and species. Flynn states that he feels Audubon and the neighborhood will support the project. The Commission will make a site visit on July 20, 2007. Tom Flynn distributed a listing of classifications of landings.
Public Hearings timeMinute0Hour175:00 pm:
5:00 pm Cape Cod Rail Trail, Certificate of Compliance. Project completed in compliance. Ed Reynolds moved to issue the Certificate of Compliance; seconded by Ginie Page; passed 4-0.
5:02 pm Martin/Hoffman, 133 Paine Hollow Rd., Map 29, Parcel 399, Certificate of Compliance. The Commission requested a certified as-built plan and it is accurate. Ginie Page moved to issue the Certificate of Compliance; seconded by Cyndi Moe; passed 4-0.
5:03 pm Footit, 10 Bayview Ave., Map 35, Parcel 33, Certificate of Compliance. Project is complete and in compliance. Ginie Page moved to issue a C of C; seconded by Cyndi Moe; lpassed 4-0.
5:05 pm Berk, 180 Long Ave., Map 30, Parcel 127, Certificate of Compliance. Received a certified As Built. Cyndi Moe moved to issue the Certificate of Compliance; seconded by Ed Reynolds; passed 4-0.
5:09 pm Malone (Housing Authority), 120 Paine Hollow Rd., Map 29, Parcel 300, NOI, construct driveway and drainage for proposed residential affordable dwellings Cont’d from 06/20/07. Tim Brady and Ted Malone represented the applicant. Agent Greenberg reminded the Commission they are only addressing the construction of the driveway and the associated water issues. The buildings are outside of the buffer zone. This is the only access to the site. The request is for a paved driveway in order to keep it stable. There will be berms which will direct the run-off to the catch basins. DEP has standards regarding catch basins and leaching and Brady feels the drainage meets their requirements. Alternatives would be an open faced catch basin. Brady suggested utilizing salt hay bales on the opposite side of Paine Hollow Road. A scope of work for road construction was also provided. Brady stated monitoring wells were installed and water testing was done which resulted in no
impact on ground water on abutters’ property and the test was acceptable.
David Bennett from Bennett & O’Reilly stated he was representing abutters who have concerns. He has looked at the water test calculations and feels they were not accurately taken. He expressed the concerns of the abutters which include storm water drainage and neighbors are concerned their wells will go dry. He requested Tim Brady come forward to the Conservation Commission and ensure the capacity of the well is sufficient for the proposed use. There is concern with draw down. He pointed out their safety concern is the line of sight and conditions of stopping on Paine Hollow Road.
Brady stated Bennett reviewed their report, and agrees that soil conditions can vary. The water design needs to be done. Brady stated the road is less steeper than Gull Pond. Cyndi Moe questioned if there was sufficient water and if the drinking water was going to be safe for the project and the abutters. Brady stated the septic meets Septic 5 requirements and the nitrogen count is within guidelines. Brady stated there could be holding tanks for the water and there is land available for additional wells.
Marilyn Gurnsey, an abutter, stated she feels the test well was done during a time when rain was plentiful and may not be accurate should there be a dry spell.
Agent Greenberg stated the Commission is approving only the driveway, and the water issues might be better addressed by the Board of Health and that restrictions can be put on the property for additional wells.
Malone stated they have to go through the ZBA for the building of the complex, and they would not get a Certificate of Occupancy without having adequate water. Malone stated he respects the concerns of the abutters, and would be willing to do additional testing of the water. Brady stated he would like to get a small road built to get equipment in for additional water testing.
Susan Peters, abutter, stated the concern is quantity of water, not quality. She stated her property is nonconforming and questioned what she would do if her well failed. Brady responded that she would have to go to the Board of Health to seek a variance.
Attorney Zehnder asked why the Commission was asking questions about water quality when the application is for the driveway and water drainage. Abutter Gurnsey expressed concern about cutting trees to make a new road for testing of water. Brady asked the Commission to have Agent Greenberg allow him to do further tests. Brady requested a continuation. Cyndi Moe moved to continue to 8/15/07; seconded by Ginie Page; passed 4-0.
5:50 pm Krasting, 180 Cliff Rd., Map 24, Parcel 84, NOI, Relocate dwelling and reconstruct decking (Cont’d from 06/06/07). David Little represented the applicant. He stated a letter was received from Jim O’Connell which touched on the impacts of moving the dwelling and some recommendations were suggested. Krasting has received approval from the ZBA. The decking has been removed on the north side of the house to eliminate disturbing the vegetation. Approximately 96 yards of sand will be moved, which will be stock piled and reused where the existing foundation is. The erosion rate is approximately 3 feet per year. Wilkinson Ecological Design can scoop out the vegetation and replant it, the deck can be dismantled, and the piling would be put in place, the
dwelling placed on the pilings, and vegetation would be replaced in areas. Wilkinson also stated plantings would take within a year. The house is structurally sound to be moved. The proposed decking is smaller than the current decking.
DiBlasio expressed concern with the erosion of the dunes in general. Little stated he feels the revegation will take well where the current dwelling is. Attorney Ben Zehnder stated that by putting the house on pilings, it will allow the house to be removed when erosions makes it necessary. Agent Greenberg stated erosion of the the bank provides sediment to the beach, and O’Connell told her this project might actually slow the erosion of the bank. Agent Greenberg questioned Natural Heritage’s letter because they listed broom crowberry on the property, then stated they don’t believe the project would impact the environment. Greenberg suggested Little write a letter to Natural Heritage stating there is no broom crowberry on the property. Ed Reynolds moved to
continue to August 15, 2007; seconded by Ginie Page; passed 4-0.
6:17 pm McCrory, 30 Arey Lane, Map 36, Parcel 23, RDA, Septic Upgrade and new well. Keith Fernandez of Bennett and O’Reilly, represented the applicant who gave an overview of the upgrade. A site visit was made. Cyndi Moe requested a revised plan identifying the septic in the reserve area. Ed Reynolds identified this as a Negative 3; seconded by Ginie Page; passed 4-0.
6:23 pm Finzi, 104 Meadow Way, Map 8, Parcel 170, NOI, Construct single family dwelling. David Lajoie represented the applicant and gave an overview of the project. Because of the paper road cul de sac, the proposed house had to be located within the 100 buffer zone. Lajoie stated this property is for sale and the new owner would come back to the Commission with specific house plans. An abutter expressed concern for her property due to the run off of the proposed driveway. Lajoie did not anticipate it would affect her property. Cyndi Moe moved to approve the project; seconded by Ginie Page; passed 4-0.
6:31 pm Sorrell (Pleasant Water Inc.), Intersection of Pond Rd and Pleasant Point Rd, Map 35, several parcels, NOI, excavation and removal of PWS mains, construct new Public Water Supply mains. David Bennett of Bennett and O’Reilly, represented the applicant. The current water supply is over 50 years old. A corrosion control permit has been filed along with and a distribution system permit. The NOI is for the trenching of new water lines. A letter from Natural Heritage was received and Bennett stated DEP had corresponded with him for further information. Bennett stated all work should be done within a 24 hour period per section. The work is proposed to occur during the fall. The work will be adjacent to the shoulders, etc. There is still
some permitting which needs to be done. Agent Greenberg asked if the old pipes will be removed as described in the NOI and Bennett stated no. Abutter Nealson stated he did not believe the pipes were plastic because they are over 50 years old. Bennett stated he had no knowledge of lead piping, but there may be some copper. Nealson stated he had hired Chet Lay to identify the water lines. Bennett stated the revegetation will take place after the project is complete. Agent Greenberg stated she thought the project was to remove the current lines. Bennett stated they do not have any intention to remove all the lines because some of them cannot be located, and there would be more disturbance to the area if they did this. They will remove lines they encounter. There is leakage of about 8,000 gpd a day. This project will cover approximately 65 bedrooms in the area. There are three wells. Laura Nealson, owner of
property, expressed frustration with not getting all the information. Agent Greenberg stated the town probably does not have records available because the system is so old. Malcolm Wright, owner of property, stated the water system has gone through many repairs over the years and feels that 90% of the piping is plastic and that all materials would not be able to be removed.
Ginie Page moved to continue to August 15, 2007; seconded by Ed Reynolds; passed 4-0.
Cyndi Moe moved to adjourn at 6:59; seconded by Ginie Page; passed 4-0.
Respectfully submitted,
Christine Bates
Committee Secretary
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