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Cons Comm Minutes 03/05/08


Minutes of Conservation Commission Public Meeting

Date:        March 5, 2008
Time:           4:00 pm
Location:       Town Hall Hearing Room

Commissioners Present:  Co-Chair Edwin Reynolds, John DiBlasio, Ginie Page, and Terry Gips,  
Regrets:  Co-Chair Dottie Dolan and Cyndi Moe
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 4:06 pm.
Agent’s Report:
·       Agent Greenberg passed out copies of the draft Town Warrant regarding the articles pertaining to the Conservation Commission.  Agent Greenberg expressed concerns regarding the two parcels on Chipman’s Cove that the Town wants the Commission to become responsible for.  The shell fishermen have been driving across the property in the past and she recommends the Commission place some conditions before  accepting the property.  The Commission will review the Warrant and make comments and vote at the March 19th meeting.

·       Blasch:  The request for a building permit came in and the plan presented to the Building Inspector was not the plan the Commission approved.  After discussions with the architect, Agent Greenberg received  revised architectural plans identifying the changes.  She reported the new plan is a better plan with less encroachment into the buffer zone.   

·       Peter Brown, 290 Blue Heron Rd., wrote a letter requesting approval for a cantilevered fire place.  Ginie Page moved to accept the change; seconded by John DiBlasio; passed 4-0.  Work will commence around March 18, 2008.  

·       Alfred Hill of 20 and 30 Ryder Court:  had received permission for the the upgrade of a well and septic system.  He requested permission to relocate the well.  Ginie Page moved to accept the request for an amendment; seconded by John DiBlasio; passed 4-0.

·       Another letter was sent to Brent Valli regarding his barge located in Chipman’s Cove.  He was requested to inform the Conservation Office when he was going to move his barge.  He sent a copy of a letter sent to the Clerk Magistrate which states it is the town’s responsibility to provide a place for the storage of this type of vessel.  Greenberg is concerned with allowing his barge to be stored when there are others that would request the same.  Greenberg suggested coming up with a policy stating the Commission should not have the responsibility of solving the issue of storing privately owned barges and boats and having the boat owners get the boats out of the water and take responsibility themselves.  A draft a policy will be written up and brought back to the next meeting.

MAIL:

·       Copy of 2003 letter to J. McGrath regarding shell fishermen for winter storage of their                 gear and boats.  Greenberg stated education will be provided and a new shellfish                                regulation will be put in place where all materials have to be removed by winter.

·       Editorial in the Banner regarding shell fisherman walking/driving on the beaches on             Indian Neck.  A letter from Aylette Jenness was directed to the Conservation                            Commission regarding trucks damaging the shoreline.

·       Letter from Neighborhood Auto regarding water and drainage issues with his property             from the Singer property and Cassick Valley Road.  Greenberg stated Cassick Valley                      Road is over 100 feet from the wetlands and the drainage issues are not within our                      jurisdiction.    

·       NRAB sent a letter to Rex Peterson regarding Map 28/Parcels 80/82 and voted not to              support the transfer at this time.

·       01/02/08 memo to Selectmen from Conservation Commission for the restoration of Mayo     Creek.  

·       Letter from the Boundbrook Association regarding the “trophy” house to be built which is out of our jurisdiction.

·       Notification of Conferences, various newsletters, and notification of Harwich vernal pool informational meeting on 03/8/08,
  
Agent Greenberg will be going to a meeting with the DEP to discuss the Herring River Restoration and will discuss the proper filing procedures.  

Public Hearings 5:00 pm:  Town Hall Meeting Room (basement)

5:00 pm  Vatner, 116 Hiawatha Rd., Map 28,  Parcel 182, Certificate of Compliance.  John DiBlasio moved to approve the Certificate of Compliance; seconded by Ginie Page; passed 4-0.

5:03 pm  Morton, 25 Vanessa Way, Map 29, Parcel 243, NOI, Septic Upgrade, well, 2nd floor addition on garage (Cont’d from 02/06/08).  The applicant achieved a 98’ separation from the marsh and the leach field.  A revised plan dated 02/28/08 was received, identifying the new location.  Terry Gips moved to approve the NOI; seconded by  John DiBlasio; passed 4-0.  

5:05 pm  Nash, 80 George’s Way, Map 16, Parcel 160, NOI, Septic Upgrade (Cont’d from 02/20/08).  The file number was assigned and Natural Heritage responded.  PersonNameJohn DiBlasio moved to approve the NOI; seconded by Terry Gips; passed 4-0.

5:07 pm  Suckling, 118 B. Spring Brook Rd., Map 47, Parcel 31, RDA, demolish and remove guesthouse, restoring lot to single family status.  Frank DeShane, contractor, represented the applicant.  The owner is trying to sell the property and wants to remove the trailer to improve the property.  DeShane stated he would remove the trailer by hand and a metal recycler will take the refuse.  A dumpster will be provided for the remainder of the debris.  The electric and septic have been disconnected.  No trees will be cut.  John DiBlasio identified this as a Negative 3 and approved the RDA; seconded by Ginie Page; passed 4-0.
 
5:15 pm  Mortensen, 45 Heron Point Rd., Map 40, Parcel 5.1, NOI, Adjust sand drift fencing and allow ongoing repairs (Cont’d from 02/20/08).  Laura Schofield gave an overview of the project.  The order of conditions had expired and in the meantime, damage was done to the drift fencing.  She also provided an ongoing repair plan.  She stated there is no easy solutions for nourishment and access is an issue.  The Mortensen’s requested to be kept in the loop if there is any solution to the access for nourishment and requested they be able to repair and make an adjustment to the sand drift fence.  Agent Greenberg recommended the repair be made as long as the Mortensen’s will be a part of the nourishment program when the solution of resolved.  Petty asked Bob Prescott of the Audubon what his thoughts were of nourishment of Lt Island.  He stated the dollar amount to nourish would be extremely high.  Mark Burgess recommended dredging the outer harbor and Prescott stated it would not be allowed because of the shellfish.   Agent Greenberg doesn’t feel it would be possible to dump sand on their property or the Town’s and would hate to see further erosion take place.  Agent Greenberg noted the original plan showed the fence all the way to the edge of the property and recommends having it stop 15 feet before the property line.  The Mortensen’s would be responsible for picking up the debris under the Agger’s boat house.  John DiBlasio moved to approve the NOI with conditions; seconded by Ginie Page; passed 4-0.  

5:38 pm  Kandel and Spar, Old Wharf Rd., Map 35, various parcels, RDA, alternative access on Parcels 13, 14, and 212 for projects previously approved.  Mark Burgess represented the applicants regarding  access for revetment extensions.  Mr. Glaze, owner of one of the parcels which would be crossed over, gave permission.  An alternate access from the south is over the Conservation Trust land.  Kandel has also received permission from them.  John DiBlasio moved to approve the RDA and identified it as a Negative 3; seconded by Ginie Page; passed 4-0

5:50 pm  Kandel, 0 off Bay View Ave., Map 35, Parcel 212, AND Spar, 0 off Bay View Ave., Map 35, Parcel 212, NOI, revetment extension.  Mark Burgess of Costal Engineering Co., Inc. represented the applicants.  Both of the owners are concerned with the continuing erosion between the individual revetments.  Renourishment plans have been adjusted.  It will require filling behind the rocks and he recommends a straight connection.  Work would have to be completed before June 1.  Petty asked why they choose to use fiber rolls above the rocks and Burgess stated they offer protection for over topping,  are locked in and they work at this type of location to hold the sand   Ed Reynolds stated he objects to the revetment where no dwelling is above the revetment.  Burgess stated by leaving it the way it is, it would eventually endanger all the properties above the revetment.   The Commission is waiting for the DEP file number and response from MESA and Natural Heritage.  Terry Gips moved to continue to April 2, 2008;  seconded by PersonNameJohn DiBlasio; passed 4-0.   

6:10 pm  Spar, Bay View Ave., Map 35, Parcel 212, NOI, revetment extension Terry Gips moved to continue to April 2, 2008 awaiting DEP number, response from MESA and Natural Heritage; seconded by Ginie Page; passed 4-0.

There was discussion regarding having homeowners purchase a bond (or have the contractors get a bond) and in the event renourishment doesn’t take place, the town would ticket each day for $300 a day

Ginie Page moved to adjourn at 6:15; seconded by Terry Gips; passed 4-0.

Respectfully submitted,

Christine A. Bates, Committee Secretary