Minutes of Conservation Commission Public Meeting
Date: April 2, 2008
Time: 4:00 pm
Location: Town Hall Hearing Room
Commissioners Present: Co-Chair Dottie Dolan, John DiBlasio, Ginie Page, Cyndi Moe, and Terry Gips
Staff Present: Assistant Conservation Agent, Andrew Petty, Assistant Conservation Agent and Christine Bates, Committee Secretary
Regrets: Co-Chair Edwin Reynolds and Agent Hillary Greenberg
4:00 - Business Meeting & Conservation Agent's Report
Co-Chair Dottie Dolan opened the meeting at 4:00 pm.
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Agent’s Report:
Jurisdictional Opinion: Mr. Flackman, 400 Old Wharf Rd., spread woodchips over the existing garden area on a temporary basis. Ginie Page moved to issue a positive jurisdictional opinion; seconded by Cyndi Moe; passed 3-1.
Mail:
· Letter to Kopelman & Page by the Wood’s attorney regarding extension of legal issues.
· Cape Cod Commission will conduct a conference on April 14 at 8:45 am on Certification of the Wellfleet Comprehensive Plan. They are looking for comments either in letter form or in person.
· Letter from Dept of Interior from George Price asking Commission to support them to save Piping Plovers at the Gut and Duck Creek Beach by eliminating kite boarding and kite surfing during the nesting period.
· Letter from Joan Gayston regarding property at Bay Berry Trail, Lt. Island. She stated there are turtles in the area.
· The Planning Board requested input from all the Boards regarding the prposed Site Plan Review Committee. Some ideas were reviewing the 100’ buffer zone and river fronts; relief from Zoning Board; awareness of the endangered species and vegetation; and ACEC limitations to development along the shore. It was recommended we meet with the Planning Board and ZBA for further discussion.
· Tuesday, May 20, 9 – 11:30 Cape Cod & Islands Realty Bldg in Yarmouth, interactive workshop on Model Coastal Flood Plain By-Law Development.
Cyndi Moe moved to approve the March 19, 2008 meeting minutes as amended; seconded by Ginie Page; passed 4-0.
John Riehl stated he would like to identify critical environments such as dunes, salt marshes, and water areas for special site plan review. He would like to see the regulations tightened up. Andrew Petty stated it is hard to determine if a dune is more precious than the uplands. Ginie Page stated when you protect one area more than another, people are held under different rules, and when the rules are broken, people say “they have it, why can’t we” and she feels it should be even protection. Petty stated if we make our laws too strict, they will not be voted in and all areas have to be reviewed by MESA so every area is looked at as equal.
Public Hearings 5:00 pm: Town Hall Meeting Room (basement)
5:00 pm Kandel, 60 Bayview Ave., Map 35, Parcel 37, Certificate of Compliance. Site visit was made. Ginie Page moved to issue a Certificate of Compliance; seconded by Cyndi Moe; passed 5-0.
timeMinute3Hour175:03 pm McLaughlin and Marino, 114 4th St., Map 40, Parcel 108: Request for Extension of Order of Conditions. Applicant requested a two year extension to resolve property issues prior to construction. Ginie Page moved to issue the extension for 2 years; seconded by PersonNameJohn DiBlasio; passed 5-0.
5:04 pm Drew, addressStreet80 Second Ave., Map 40, Parcel 126, NOI, Addition. David Lajoie of Felco Engineering and Lloyd Howard, builder, represented the applicant. Lajoie stated there is a septic upgrade as well. An alternative analysis was distributed to the commissioners just prior to the hearing. Lajoie gave an overview of the project, identifying the scouring taking place under the existing building. The applicant would like a full foundation under the existing dwelling and a proposed addition of 588 sq ft. which will be landward of the coastal bank. Howard stated all the plumbing and heating is currently exposed under the dwelling. There was a lengthy discussion regarding building a partial foundation or a full foundation, as well as the migration of the sand
under the house and in the dunes. Erosion was a concern for all commissioners. Howard stated the existing piers will be reused, the house will be jacked up and the sand will be removed from under the dwelling to one area. The majority of the work is outside of the 50’ buffer zone. The decking would be rebuilt where it is currently located. The concrete slab would be removed. This project has been approved by the Board of Health. The sand removed from under the foundation will be covered and used for back filling. Petty stated renourishment would be required on an annual basis for the revetment. Terry Gips moved to approve the NOI ; seconded by Dottie Dolan with conditions. Ginie Page stated the septic was not written up in the description. Passed 4-1. Cyndi Moe is the supervisor
6:14 pm Thaler, 250 Meadow Ave West, Map 40, Parcel 158, NOI, use of sandbags and sand drift fencing (Cont’d from 03/19/08). The applicant requested a continuation to a date undetermined. Ginie Page moved to continue to date uncertain; seconded by John Di Blasio; passed 5-0.
6:15 pm MA Audubon, NOI, off Lt. Island, create oyster reef (Cont’d from 02/20/08). Bob Prescott displayed a map showing where the reefs will be located. Natural Heritage is requesting additional information. There was discussion regarding access areas. The work will take place prior to the arrival of the plovers. The harvest will take place after the migration of birds. Since this is the first restoration project, the State is being cautious and wants information on all aspects of the project. Cyndi Moe moved to continue to May 7, 2008; seconded by Ginie Page; passed 5-0.
6:25 pm Stossel, 85 Billingsgate Rd., Map 34, Parcel 116, NOI, coastal stabilization with gabion mattresses, gabion baskets, coir envelopes and sediments, wood stairway and revegetation (Cont’d from 03/19/08). The applicant requested a continuation to 2008April 16, 2008. Terri Gips moved to continue to April 16, 2008; seconded by John DiBlasio; passed 5-0.
6:26 pm Massari, 244 King Phillip Rd., Map 34, Parcel 13, NOI, coastal stabilization with gabion mattresses, gabion baskets, coir envelopes and sediments (Cont’d from 03/19/08). Applicant requested continuation to 4/156/08; Terry Gips moved to continue to April 16, 2008; seconded by John DiBlasio; passed 5-0.
6;27 pm Risch, 95 Billingsgate Rd., Map 28, Parcel 232, NOI, coastal stabilization with gabion mattrefsses, gabion baskets, coir envelopes and sediments (Cont’d from 03/19/08). Applicant requested a continuation to April 16 2008. Ginie Page moved to continue to April 16, 2008; seconded by Terry Gips; passed 5-0.
6:28 pm Kandel, 0 off Bay View Ave., Map 35, Parcel 212, NOI, revetment extension (Cont’d from 03/05/08) Mark Burgess of Coastal Engineering presented this case and the Spar case simultaneously. Natural Heritage supplied the necessary paperwork, stating no work could occur between June 1 to October 1. The turtle issue has been resolved. The nourishment will be provided by Kandel and Spar. Terry Gips moved to approve the NOI, plan number C15472 revised 2/12/08; seconded by Cyndi Moe; passed 5-0 with conditions. The supervisor is Cyndi Moe.
6:28 pm Spar, 0 off Bay View Ave., Map 35, Parcel 212, NOI, revetment extension (Cont’d from 03/05/08). Mark Burgess of Coastal Engineering represented the applicants (Kandel and Spar). Information was received from the Natural Heritage confirming the project could proceed as long as no work occurred between June 1 and October 1. The turtle issue has been resolved. Burgess stated the home owners are willing to provide the funding for nourishment. The renourishment will be provided by Kandel and Spar. Because it is a low revetment, fiber rolls will be used. Ginie Page moved to approve the Spar application plan C15472.02 with conditions, seconded by John DiBlasio; passed 5-0. Cyndi Moe is the supervisor.
Cyndi Moe moved to adjourn at 6:45 pm; seconded by John DiBlasio; passed 5-0.
Respectfully submitted,
Christine A. Bates, Committee Secretary
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