Minutes of Conservation Commission Public Meeting
Date: September 5, 2007
Time: 4:00 pm
Location: Town Hall Hearing Room
Commissioners Present: Co-Chair Dottie Dolan, Co-Chair Ed Reynolds, John DiBlasio, and Ginie Page
Regrets: Cyndi Moe
Staff Present: Hillary Greenberg, Conservation Agent, Andrew Petty, Assistant Conservation Agent and Christine Bates, Committee Secretary
timeHour16Minute04:00 - Business Meeting & Conservation Agent's Report
Co-Chair Dottie opened the meeting at 4:03 pm.
Jurisdictional Opinions:
Emily Beebe spoke on behalf of William O’Connor, 95 LeCount Hollow Rd, requesting permission to remove an old blue spruce tree which is located close to the house and deck. John DiBlasio moved to issue the jurisdictional opinion; seconded by Ed Reynolds; passed 4-0. Beebe also asked that the request for the bulk head be withdrawn as a Jurisdictional Opinion and be added to an RDA. The Commission agreed to this.
Lauren McKean requested permission to install a well and remove stumps which fell down during a winter storm at 235 Way 625, Nap 6, Parcel 630. Ginie Page moved to issue the Jurisdictional Opinion; seconded byJohn DiBlasio; passed 4-0.
95 Ione Rd, Adler, the septic system which is located in the flood zone but out of the buffer zone requires repair. This was approved by the Board of Health. Ed Reynolds moved to approve the Jurisdictional Opinion; seconded by John DiBlasio; passed 4-0.
Agent’s Report:
Agent Greenberg reported the State will be issuing a revised set of Flood Plain Regulations.
Conservation Restriction: Wolfson Sanctuary by Hardings’s Meadow located off Loagey Bay, dated 8/30/07. The property will be owned jointly by Conservation Trust and MA Audubon and the Commission will hold the restrictions. Ginie Page moved to approve the Conservation Restriction; seconded by John DiBlasio; passed 4-0.
Conservation Restriction: Peter and Gloria Watts, Pamet Point Road for a total of 1.7 acres. John DiBlasio moved to accept the Watts property for Conservation Restriction; seconded by Ed Reynolds; passed 4-0.
Signatures were acquired for the Massari Certificate of Compliance and for the Amended Order of Conditioins for Harborside Village Cooperative which were voted on at the August 15, 2007 meeting.
Tom Flynn, Coastal and Pond Access Committee, requested the Commissioners make a site visit to the addressStreetMeadow Ave landing while the weather is still good. Although there is more paperwork, data collection, etc. to be done, he is hoping to have the issue on the December 11 Town Meeting Agenda for approval for funding. The Commission agreed to a 9:00 am, Sept. 12, 2007 site visit.
The Commissioners discussed the Town owned property at Map 28, parcels 82, 80 and 239. Agent Greenberg will identify the dredge materials, if there is a permit in place with the DPW, and any further information she can find out. She stated shell fishing is a non issue.
The location of the house at 115 Pond Ave is different than what was approved by the Commission. Greenberg stated the applicant will have to come back to the Commission for approval if it remains in the floodplain.
Ginie Page moved to approve the meeting minutes of 08/15/07 with amendments; seconded by John DiBlasio; passed 4-0.
MISC
Americorps will be updating the Trust property books. Ginie Page stated the Trust has a three year contract with Americorps for one day per week.
Agent Greenberg reported the Bayberry Hill Trail has been approved and signs are up.
Agent Greenberg reported the Herring River Draft is being revised by ENSR and members of the Herring River Restoration Committee. They had met with abutters of Mill Creek and only five wells will be affected by the restoration.
There is no capacity left in the Town’s water system for the 335 Main St property.
Correspondence:
Bulletins, reports, news letters.
Public Hearings:
5:00 pm Davis, 1619 State Hwy, Map 30, Parcel 92, Certificate of Compliance. Andrew Petty made a site visit and stated everything is in compliance. Ginie Page moved to approve the Certificate of Compliance; seconded by John DiBlasio; passed 4-0.
5:02 pm Rogers, 5 Springline Dr., Map 29, Parcels 258 and 259, Certificate of Compliance. Ed Reynolds made a site visit and reported job is completed. John DiBlasio moved to approve the Certificate of Compliance; seconded by Ed Reynolds; passed 4-0.
5:03 pm Risch, 95 Billingsgate, Map 28, Parcel 232, Certificate of Compliance. Site visit was made and work is complete. John DiBlasio moved to approve the Certificate of Compliance; seconded by Ginie Page; passed 4-0.
5:05 pm Hill, 20 and 30 Ryder Court, Map 14, Parcels 11 and 12, NOI, Septic Upgrade and installation of new well (Cont’d from 08/15/07). Jason Ellis represented the applicant. He gave an overview of the project. There are 2 properties which include 3 houses side by side owned by the Hill’s. Both cesspools are in failure. He recommended one I/A septic system for the entire project. Ellis stated he might be able to move the tanks closer to the driveway to get out of the resource area. This plan is going to the Board of Health for approval as well. John DiBlasio moved to approve the NOI; seconded by Ginie Page; passed 4-0.
5:11 pm Reilly, 165 3rd St., Map 40, Parcel 104, NOI, remodel dwelling and install walkways and landscaping (Cont’d from 08/15/07). Jason Ellis, Ben Zehnder. Marty Reilly. Ellis stated this is an existing dwelling and the applicant wishes to raise the dwelling and add additional habitable space as well as a walkway. The septic upgrade will be done. Reilly gave an overview of the construction protocol plan and the walkway will be five feet away from the foundation. The framing will be done in Hyannis and brought in by panels. Conditions discussed were on-going beach renourishment, renourishment of all vegetation that is disturbed, road regarding, etc. Ed Reynolds moved to approve the NOI with conditions; seconded by John DiBlasio, passed 4-0.
Supervisor is John DiBlasio.
5:35 pm McNamara, 80 Designers Rd., Map 23, Parcel 68, NOI, construct addition and install new well (Cont’d from 08/15/07). Jason Ellis represented the applicant and gave an overview of the project. He stated this is filed locally with no need for MESA review. There is prickly pear on the property which will be isolated from the work limits. Ginie Page moved to approve the NOI with conditions; seconded by Ed Reynolds; passed 4-0. Supervisors are Ed Reynolds and Agent Greenberg.
5:45 pm Mortensen, 25 Heron Point, Map 40, Parcels 5.0 and 5.1, NOI, clean debris and remove old drift fence. The applicant did not attend the meeting. Ginie Page moved to continue until the filing is complete; seconded by John DiBlasio; passed 4-0.
5:47 pm Vatner, 116 Hiawatha Rd, Map 28, Parcel 182, NOI, demolish existing dwelling and rebuild new structure (Cont’d from 06/06/07). Tim Brady from East Cape Engineering gave an overview of the revised plans and has received approval from the Board of Health for installation of an I/A system. Brady stated this plan is in compliance with zoning bylaws and will not impact the resources any more than if the project took place in the current footprint. Dottie asked if the house could be renovated in the current footprint. Brady stated renovation would be difficult because it does not meet any building codes at this time. Brady did not have a number for total disturbance. Richard LaPosta, abutter, distributed a letter with his concerns and read them publicly. Agent
Greenberg gave an overview why the Board of Health approved the plans and Brady explained the septic system flow. One of the abutters gave a listing of the vegetation on the property. Brady stated there are no final drawings of the proposed dwelling. There was discussion by the Commissioners if they would like to see renovation versus new construction. Dottie Dolan moved to approve the septic system as presented, and approve reconstruction of the Vatner house on its present location completely out of the 50 foot buffer zone, with no patio; seconded by John DiBlasio; passed 4-0. Supervisor: John DiBlasio.
6:18 pm Coser, 275 Paine Hollow Rd., Map 29, Parcel 490, RDA, Construct new dwelling. Tim Brady represented the applicant and gave an overview of the project. Some of the property is located in the flood zone and ACEC. The building will be constructed with flood free foundation design. Brady stated he will file this as a NOI. Agent Greenberg gave Brady a report which was in the Health File reporting the height of some of the flooding. The Commission requested additional information on the contours, monitoring water, content. Abutters identified a vernal pool and gave a history of previous flooding. Agent Greenberg suggested a possible relocation of the well. Ginie Page identified this as a Positive 3; seconded by PersonNameJohn DiBlasio; passed
4-0. Brady will file a Notice of Intent.
6:38 pm Crossman, 4 Long Pond, Map 15, Parcel 07, RDA, Septic Upgrade. Tim Brady represented the applicant and he gave an overview of the project. Current system is in failure. Ginie Page moved to identify this as a Negative 3 determination; seconded by John DiBlasio; passed 4-0.
6:40 pm Brown, 290 Blue Heron Rd., Map 42, Parcel 123, NOI, construct new dwelling. Tim Brady represented the applicant and gave an overview of the project. House will be 16’ x 24’with one bedroom on the second floor with living area on first floor. Building will be out of the 50 foot buffer zone, and a small amount of work zone will be in the 50’ buffer. The majority of the property is in the ACEC. DiBlasio expressed concern about the size of the driveway. It will be pervious. Brady stated the location of the dwelling was chosen to avoid going to the Board of Health for variances and a Special Permit from the Zoning Board of Appeals. An abutter stated this house is not within the characteristic of the neighborhood and he provided
restrictions and covenants which are filed at Barnstable Registry of Deeds which are to be upheld until 2008. He stated 50% of the owners in the neighborhood could extend the restrictions for another 20 years. He feels a MESA filing should take place. Ken Rissen, an abutter, doesn’t feel this small house would benefit the community because it is too small. Brady will look into the covenants. Ed Reynolds moved to continue to September 19, 2007; seconded by DiBlasio; passed
4-0.
6:58 pm Gilmore, 2675 State Hwy, Map 15, Parcel 128, Request for Extension to Order of Conditions in order to move the building from Eastham to Wellfleet. They have hired Tim Brady to assist them. Agent Greenberg recommended this be denied because it is different than the original application, which has already been extended for three years once. John DiBlasio moved to deny the extension; seconded by Ginie Page; passed 4-0. Agent Greenberg advised the Gilmore’s no work can be done after September 14, 2007 with the current Order of Conditions.
7:02 pm Pierce, 925 Chequessett Neck, Map 19, Parcel 100, RDA, Construct addition to dwelling. John Schnaible of Coastal Engineering, gave an overview of the project which is adding bathrooms, closets, and larger bedrooms totaling 350 sq ft. John DiBlasio moved to identify this as a Negative 3; seconded by Ed Reynolds; passed 4-0.
7:10 pm O’Connor, 90 LeCount Hollow Rd., Map 30, Parcel 9, RDA, dig trench for utilities and build a bulk head. Emily Beebe gave an overview of the trenching and relocating the silt fencing to the new work zone. The applicant wants to build a bulk head for access stairs to the foundation area. John Diblasio identified this as a Negative 2; seconded by Ginie Page; passed 4-0.
Ed Reynolds Moved to adjourn the meeting at 7:20 pm; seconded by DiBlasio; passed 4-0.
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Respectfully submitted, Christine Bates, Committee Secretary
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