Minutes of Conservation Commission Public Meeting
Date: January 16, 2008
Time: 4:00 pm
Location: Town Hall Hearing Room
Commissioners Present: Co-Chair Ed Reynolds, John DiBlasio, Cyndi Moe, Terry Gips, and Ginie Page
Regrets: Co-Chair Dottie Dolan
Staff Present: Hillary Greenberg, Conservation Agent, Andrew Petty, Assistant Conservation Agent and Christine Bates, Committee Secretary
4:00 - Business Meeting & Conservation Agent's Report
Co-Chair Ed Reynolds called the meeting to order at 4:00 pm.
Business Meeting and Agent’s Report
Building Inspector Paul Murphy stated sheds are not regulated in terms as how many you have as long as people honor the setback regulations. He stated he regulates property lines according to zoning bylaws and sheds 120 square feet do not require a building permit. He stated he believes there is an exception for sheds in the wetlands. The Zoning Bylaws allow 15% for lot coverage. However, it can be exceeded with a special permit with the Zoning Board of Appeals. If two buildings are joined by a roof they would become one building. There are to be no second stories or decking on a shed. The Commission requested him to look at lot coverage at 5 Holbrook Avenue. Andrew Petty asked if someone had a structure located on town property, what action would take place.
Murphy responded he would have to go to the Town Administrator to have the land surveyed. Storage of materials on town property needs to have the Selectmen’s approval. He stated if sheds are located in wetlands, it comes under the jurisdiction of Conservation Commission.
Jurisdictional Opinion:
118 Springbrook Rd., Map 47, Parcel 31: demolition of trailer with attached living room. Work would be within 200 feet of a fresh brook. Cyndi Moe moved to have the applicant submit a RDA, seconded by John DiBlasio; passed 5-0.
Robin, 29 Briar Lane, Map 14, Parcel 26, remove two trees which are hanging over the building. Cyndi Moe moved to approve the Jurisdictional Opinion; seconded by John DiBlasio; passed 5-0.
DiBlasio recommended putting signs up that were more specific than “no parking” in the shell fishing areas. Agent Greenberg stated the signs read “no vehicular access” however, they were destroyed. She made site visits and now feels it would be a waste of town money to have signage. She met with Chief Rosenthal and he recommended putting boulders in those locations, particularly Chipman’s Cove.
Ginie Page stated she was impressed with the MACC seminar and recommended we send a thank you note.
MAIL:
· Courses available at Cape Cod Community College
· Response from Riehl regarding his visit at last meeting. He is requesting someone attend a meeting with NRAB on February 25, 2008.
· Letter from Bobby Wallace regarding his barge. Agent Greenberg stated we need to send him a letter to let him know where he can store his barge. She stated boundaries need to be set because we don’t want to encourage boat/barge storage areas for everyone who doesn’t want to haul their equipment out of the water. The Commission is concerned with his storing it on the marsh because it will cause erosion. Andrew Petty suggested his barge be stored in Chipman’s Cove next to Brent Valley’s barge. Wallace kept his barge on his grant last year, but stated the ice damaged it. Terry Gips suggested getting an
opinion from Conservation Trust. This discussion will continue on 02/06/08.
· Letter from Greenberg to Fried on King Phillip Road regarding work being done without Commission being inform.
· Letter from Greenberg to Geiger regarding $200 fine.
Meeting Minutes:
Cyndi Moe moved to approve the 11/7/07 meeting minutes as amended; seconded by Ginie Page; passed 5-0.
Ginie Page moved to approve the 12/05/07 meeting minutes as amended; seconded by Cyndi Moe; passed 5-0.
John DiBlasio moved to approve the 01/02/08 meeting minutes as amended; seconded by Ginie Page; passed 5-0.
Agent Greenberg stated there will be an article in the Banner regarding the signs for small craft storage.
Mike May, Assistant Harbor Master, stated some boats have been stored on the wharf and the people pay the town for the storage. Additional discussion took place regarding barge storage.
Public Hearings 05:00 pm:
5:00 pm Town of Wellfleet, Kendrick Ave., Map 21, Parcel 114, Amendment to Order of Conditions, Marina Renovation. The Town wants to expand the stone work to meet up with the culvert to protect the road. Cyndi Moe moved to approve the amendment; seconded by John DiBlasio; passed 5-0.
5:04 pm Caminiti, RDA, Aquaculture Farming, off Fox Island. The Caminitis want to extend their existing grant and use the adjourning two grants. He stated all materials/equipment are above the ground and are removed in winter months. His equipment is tagged and he agreed to supply a photograph to the Conservation Commission. Ginie Page moved to identify this as a Negative 2; seconded by Cyndi Moe; passed 5-0.
5:11 pm Zimmerman, 715 Chequessett Neck Rd., Map 19, Parcel 113, NOI, Revetment repair (Cont’d from 01/02/08). Due to an administrative error in the continuation date, Cyndi Moe moved to continue to 02/06/08; seconded by Ginie Page; passed 5-0.
5:13 pm Domenech, 70 School St., Map 13, Parcel 86, NOI, Construct addition, deck, replace shed, build retaining wall and walkway. Cyndi Moe recused herself. Richard Lay represented the applicant and stated the original Order of Conditions had lapsed, so a new NOI was filed with a few minor changes which he identified to the Commission. The following concerns were discussed: the contours of the back yard and the access for pedestrians, the possibility of having one door for the bottom floor, railroad ties be used for the access to the storage area, incorporating a drywell in the middle of the slab for the shower as well as drywells for downspouts. Terry Gips moved to approve the NOI; seconded by PersonNameJohn DiBlasio; passed 4-0. Supervisor: John
DiBlasio
5:40 pm Mortenson, 45 Heron Point Rd., Map 40, Parcel 5.1, NOI, adjust drift fence and allow ongoing repairs. Laura Schofield represented the applicant and gave an overview of the project which consists of an 85 foot fence. Mortenson had received an Order of Condition and Certificate of Compliance for the original fence; however, due to storms, vandalism, and natural wear and tear, the fence requires repair. There is a new design for the new fencing to accommodate turtles. The new fencing will be built in panels in order to make necessary upgrades. Agent Greenberg stated there is no beach nourishment proposed and Schofield stated that the area is very difficult to access for beach nourishment. Greenberg stated there is erosion on the end by Aggers property and the bags are
exposed at this point and Mortenson did not fulfill the conditions regarding nourishment. Schofield stated a road would have to be made and large equipment would have to be used in order to get the material at the site. Agent Greenberg asked if Mortenson would consider putting material to the west of his property. Petty asked if Mortenson would be willing to add to the renourishment fund once a plan is developed for the beach. Agent Greenberg requested a continuation in order to allow her an opportunity to have a discussion with Mortenson and Ms. Schofield. Schofield asked if the fencing could be separate from the nourishment plan and Agent Greenberg stated not at this time. John DiBlasio moved to continue to 02/20/08; seconded by Cyndi Moe; passed 5-0 .
6:04 pm Vatner, 116 Hiawatha Rd., Map 28, Map 182, demolish and rebuild dwelling, new septic and well. Katlyn Merrill from East Cape Engineering represented the applicant and gave an overview of a previous NOI which was approved. The new NOI is proposing the house be placed outside of the buffer zone with a small foundation to store utilities and a small patio will be built. The septic and well, as approved in the previous NOI, will stay in the same location. There was discussion regarding decking versus the patio. A letter from Guenther Back was read into the record with concern about using large vehicles and equipment on the dirt road. Merrill stated the Commission could condition for the road be returned to the original state. LaPosta, an abutter, expressed a
number of concerns. Merrill stated this area has been developed and she doesn’t consider it a coastal dune system. The original project was approved for a full foundation and the new plan calls for less excavation on the property. This will be a two story house with a smaller footprint and without a full foundation. LaPosta stated she would prefer to see the new dwelling located on the current slab which would eliminate disturbance to the vegetation. Agent Greenberg suggested test holes be dug to determine whether or not this is a dune; she also suggested Merrill ask the applicants if they would be open to decking instead of a large patio. Cyndi Moe moved to continue to 02/06/08; seconded by John DiBlasio; passed 5-0..
6:34 pm Danforth, 5 Holbrook Ave., Map 21, Parcel 105, NOI, construct addition to dwelling, backfill septic and foundation, build pergola and walkways, and plant trees and shrubs. Gordon Peabody gave a brief presentation and history of the property. Peabody stated appropriate backfill was used, the plastic collars will be replaced, and an electrician has been asked to do work. He stated on the rear patio area, a small amount of fill is allowed to return the grade to the original height. There is a proposal to put a stone patio on gravel 10 feet from the dwelling. A pergola is proposed which will be attached to the house. A short walkway between the oil tank and existing shed is proposed, as well as a walkway in the front of the dwelling. The driveway would be made of
stone. Another arbor is proposed to be attached to the house on the west side. Additional proposals were discussed with the Commission, such as garden locations, the sonotube installation, the shed location and shed porch. Agent Greenberg gave an overview of a previous RDA granting permission for two sheds on an existing concrete pad. It was noted a portion of the concrete pad was located on Town property. Greenberg stated if both sheds were meeting setbacks, both sheds would have to be cantilievered. A condition was previously imposed that the sheds could not be built until a Certificate of Compliance was issued for the septic. Danforth stated the buildings are sitting on concrete blocks and will be lowered. Alfred Pickard, abutter, stated the back door is higher than what it was originally which will alter the backfill and he questioned the storm drain in front of the dwelling. Danforth stated the doors are 8” higher than
before. Several proposed items on the NOI have been done already and the Commission doesn’t want to see any additional items being done. Danforth stated she has to get the back yard filled in order to get her as-built from the Building Inspector. The Commission requested a site plan identifying all the projects as well as identifying where the property line and concrete slab stakes are located on the property. The Commission requested the stakes be placed prior to their next site visit. Agent Greenberg stated the elevation in the back should be at elevation 8. The drainage pipe in the front of the dwelling should be eliminated. Terry Gips moved to continue to 02/06/08; seconded by John DiBlasio seconded; passed 4-1.
Cyndi Moe moved to adjourn at 7:30 pm; seconded by Ginie Page; passed 5-0.
Respectfully submitted,
Christine A. Bates, Committee Secretary
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