Minutes of Conservation Commission Public Meeting
Date: February 6, 2008
Time: 4:00 pm
Location: Town Hall Hearing Room
Commissioners Present: Co-Chair Dottie Dolan, John DiBlasio, Cyndi Moe, Terry Gips, and Ginie Page
Regrets: Co-Chair Ed Reynolds,
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 Dottie Dolan called the meeting to order at 4:10 pm.
Business Meeting and Agent’s Report
John DiBlasio will attend the meeting with NRAB to discuss the ACEC and Mayo Creek Restoration project.
MACC courses will be starting in March.
Bobby Wallace will be moving his barge on 2/7/08.
There was discussion regarding vehicles going over the uplands at Indian Neck. The boulders that were placed have been removed because the Commission did not follow procedure to place them. Agent Greenberg stated the Shellfish Department is reviewing their regulations. She suggested writing a letter to the Shellfish Dept. expressing the concerns of vehicles driving in the wetlands, with a copy to the Shellfish Advisory Board.
Heidi Fuchs of Americorps is working on conservation land baseline data.
There was discussion regarding an additional trail located on the Fox Island Extension Loop Trail. Agent Greenberg is preparing the application.
Cyndi Moe moved to approve the January 16, 2008 meeting minutes with amendments; seconded by PersonNameJohn DiBlasio; passed 5-0.
Jurisdictional Opinion:
Outer Cape Health, thin out trees on left side of property on Rte 6 to increase visibility for vehicles. Ginie Page moved to approve the Jurisdictional Opinion; seconded by Cyndi Moe; passed 5-0.
85 Holbrook Ave: remove aspen trees along the rear of the property and replace with placerosa rugosa and resurface the stone parking area. Ginie Page moved to approve the Jurisdictional Opinion; seconded by John DiBlasio; passed 5-0.
Agent Greenberg went to the MEPA office with the Herring River Restoration Committee to talk about how the various forms were going to be filed. A consultant will be hired. They will be meeting with DEP regarding the permitting.
Agent Greenberg will make a site visit at the sand pit regarding a truck cap.
Ginie Page had a discussion with Don Lewis and he advised turtle sand boxes be located at the Blash property, Morton’s property, and Vatner’s property.
Agent Greenberg stated she attended the riverfront workshop on 2/5/08.
Public Hearings 5:00 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 (Cont’d from 01/16/08). A site visit was made by the commission. Gordon Peabody stated DEP assigned number SE77-1160. Natural Heritage responded and stated there would be no adverse effect. placeCityPeabody reviewed the priority construction list. The electrician is waiting to install the pump alarm after the decision of the commission. The front landing is an issue with the zoning setbacks and the applicant will go for a Special Permit before the ZBA. Gravel will be placed in the walkway with stones as a border. Danforth will also request permission from the ZBA to place a wooden walkway over the
septic leach area. Architect studio provided two options regarding the sheds which need to be raised and supported. The backfill needs to be completed in order to resheet the rear of the house. There was clarification for the completion of the addition and steps to the second floor. Peabody stated stone swails will be used for the parking area for storm mitigation. Agent Greenberg requested precise directions on how the swails were going to be done. Cyndi Moe stated she wants the Certificate of Compliance granted before all the other projects are worked on. Danforth has started some of the projects. Agent Greenberg stated the septic will be completed by February 22, 2008 and the house will no longer be condemned when the septic is installed and a certificate of occupancy is granted. Danforth requires approval for the front landing. Danforth does not have an active Order of Conditions on this property. Alfred Pickard,
an abutter, stated there are no actual sizes or delineations on the plans submitted which includes the front landing, the porch for the shed, and he stated the majority of the proposed work on the plan has been completed. After a lengthy discussion regarding the proposed activity on the property, the Commission determined they would be willing to address items 1 and 2 of the priority list provided which includes the completion of the septic and the front landing and steps. All other items can be addressed as amendments to the NOI. Agent Greenberg
Requested information on how much fill is in the back. Danforth stated she requires access for the septic panels in the front of the house. Abutter Pickard questioned the delineation of the floodplain. Peabody stated the Board of Health required fill over the septic. Peabody will do soil profiles. Agent Greenberg requested all the materials from the driveway be removed. Terry Gips moved to approve the NOI for items 1 of 2 with the instruction that she proceed with the priority list of #1 and #2 dated 01/30/08, and to provide information on soil samples from the back of the dwelling; seconded by Ginie Page , passed 4 with 1 abstaining. As the other items come up, Danforth will apply for an amendment. If any work is performed on the additional items before the completion of
items 1 and 2, tickets will be issued. These items need to come before the Commission as amendments to this NOI.
6:08 pm
Zimmerman, 715 Chequessett Neck Rd., Map 19, Parcel 113, NOI, Revetment repair (Cont’d from 01/16/08). The work is nearly complete on the emergency permit. The letter from DMF was read into the record and Mark Burgess of Coastal Engineering stated he feels the timeframe noted is incorrect. John DiBlasio moved to approve the NOI; seconded by Cyndi Moe; passed 5-0. Supervisors: Agent Greenberg and Andrew Petty
6:16 pm
Vatner, 116 Hiawatha Rd., Map 28, Map 182, demolish and rebuild dwelling, new septic and well (Cont’d from 01/16/08). Katelyn Merrill, from East Cape Engineering, addressed the issues from the last meeting. Merrill stated test holes were taken and the area was not identified as a coastal dune. The proposed patio will be relocated to the driveway area. Letters from Karen Kaminski and Richard LaPosta were read into the record with their objections Merrill stated there is a 200 foot reduction in the footprint. Lewis and Flechtner, abutters, stated they hoped no fencing would be put up and they were advised this objection was not in our jurisdiction. A letter from abutter, Woody Shimko, objected to the project. Merrill has made several revised plans and has
met all requests from the Commission. Merrill stated there can be a staged work limit. LaPosta asked the Commission to have the proposed dwelling moved 2 feet further away from his property. Greenberg stated an amendment could be made to have the house moved 2 feet if the Vatners and LaPosta’s come to an agreement. The patio will be 140 sq ft (14’ x 10’). John DiBlasio moved to approve the revised 1/24/08 plan; seconded by Terry Gips; passed 5-0.
Super: John DiBlasio
6:48 pm
Pyles, 180 Bayberry Rd., Map 41, Parcel 122, Request Extension to Order of Conditions. At the request of the engineers; Cyndi Moe moved to extend the Order of Conditions for one year; seconded by Ginie Page; passed 4-0.
6:50 pm
Hall, 90 Aunt Sarah’s Way, Map 42, Parcel 58, RDA, Installation of pump chamber and trenches for septic. Peter Hall gave an overview of the project, stating he would be upgraded to Title 5 regulations. John DiBlasio moved to identify this project as a Negative 3; seconded by Ginie Page; passed 5-0.
6:55 pm
Shactman, 30 Riverview Way, Map 8, Parcel 212, NOI, Install gazebo and ramp. Katelyn Merrill of East Cape Engienering represented the applicant and gave an overview of the project. She stated it is exempt from Natural Heritage. This is a prefabricated gazebo and the sonotubes will be hand dug. There will be minimal disturbance. Ginie Page moved to continue to 02/20/08 awaiting the DEP number; seconded by Cyndi Moe; passed 5-0.
7:00 pm
Morton, 25 Vanessa’s Way, Map 29, Parcel 243, NOI, installation of septic system, well, and
construction of 2nd floor addition above existing garage. Stephanie Sequin gave an overview of the project. The addition over the garage is for a living area for their daughter. The septic has to be upgraded The limit of work will have a silt fence around it; all materials will be stockpiled outside of the buffer zone, and all excess building material will be removed from the site. Ginie Page requested sand be left for turtles. Cyndi Moe moved to continue to March 5, 2008 awaiting the DEP number; seconded by John DiBlasio; passed 5-0.
7:10 pm
Lundblad, 165 3rd St., Map 40, Parcel 104, Request for Certificate of Compliance. Jason Ellis represented the applicant and stated the previous Order of Conditions expired and the work was not completed. Ginie Page moved to issue the Certificate of Compliance, identifying that the work was not done; seconded by John DiBlasio; passed 5-0.
7:15 pm
Reilly, a165 3rd St., Map 40, Parcel 104, NOI, Septic Upgrade. Jason Ellis represented the applicant and gave an overview of the project, upgrading the septic to current standards. The Brimms, abutters, wrote a letter expressing their support with some suggestions. A letter from the Gorfinkle’s expressed concerns and was duly noted. Terry Gips moved to continue to February 20, 2008 awaiting DEP number and a response from Natural Heritage; seconded John DiBlasio; passed 5-0.
Cyndi Moe moved to adjourn at 7:25 pm; seconded by John DiBlasio; passed 5-0.
Respectfully submitted,
Christine A. Bates, Committee Secretary
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