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Cons Comm Minutes 05/07/08
Date            May 7, 2008
Time:           4:00 pm
Location:       Town Hall Hearing Room

Commissioners Present:  Co-Chair Dottie Dolan, Co-Chair Edwin Reynolds, Ginie Page, Cyndi Moe, and Terry Gips  
Staff Present:  Conservation Agent Hillary Greenberg, Assistant Conservation Agent, Andrew Petty, and Christine Bates, Committee Secretary
Regrets:  John DiBlasio
4:00 - Business Meeting & Conservation Agent's Report
Co-Chair Edwin Reynolds opened the meeting at 4:00 pm.
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Jurisdictional Opinions:
Richard Robicheau, 0 Squires Pond Lane, cut down willow tree.  Cyndi Moe moved to approve the Jurisdictional Opinion; seconded by Ginie Page; passed 4-0.
Helen Purcell, 30 Higgins lane, remove locust tree and replace with blueberry bush.  Cyndi Moe moved to approve the Jurisdictional Opinion; seconded by Ginie Page; passed 4-0.
TD Bank North, remove ramp and rebuild for handicapped access.  Ginie Page moved to approve the Jurisdictional Opinion; seconded by Cyndi Moe; passed 4-0.

Agent Report:
·       Mary Rogers, Committee Secretary for the Planning Board, forwarded a letter from the Planning Board regarding the proposed Special Site Plan Review draft.  Greenberg stated the draft has no regulatory requirements and landscaping simply must conform to the character in the neighborhood so she is concerned with people’s objectivity.

·       Patrick Winslow was introduced as a prospective Commissioner.  

·       Ziering property (105 Pilgrim Spring Road) and Conservation Trust required Conservation Commission signatures prior to town meeting.

·       Gordon Peabody required a new signature page for the Goldman Certificate of Compliance

·       Paperwork has been sent to the State level for ACEC and flood plain regulations

Cyndi Moe moved to elect Terry Gips as new Co-Chair; seconded by Ginie Page; passed 4-0.   

Peter Marcunas requested the Conservation Commission co-sponsor a forum event on beach nourishment with Eastham.  A forum/workshop with Eastham will take place at the end of June.  Jim O’Connell suggested the two towns unite and work on the ACEC regulations.  Marcunas will set up the forum.  Ginie Page moved to support the forum; seconded by Cyndi Moe; passed 5-0.

Cyndi Moe asked the Conservation Agent to review the permit for dredging the sand from under the harbor.  

Cyndi Moe moved to approve the 4/2/08 meeting minutes as corrected; seconded by Terry Gips; passed 4-0.

Cyndi Moe moved to reappoint Dottie Dolan to the Community Preservation Committee; seconded by Ed Reynolds; passed 4-0.

Forums / workshops:  May 20, 2008 9:00am - 11:30 am CC & Islands Realty Bldg, Yarmouth:  model coastal flood plain bylaw development.  
May 22, 2008, 1:00 pm, Barnstable County facilities:  Conservation Commission networking, subject: wetlands protection enforcement

Mail:
Newsletters, brochures, Workshop notification
Vegetation Management Plan from NSTAR
Petty stated he will place a bulletin board in the Library
Information on money available for priority projects for coastal land acquisition – possibly Mayo Creek.

Agent Report (Cont’d)
·       Kosinski (Ione Rd)  proposing a decking expansion.  Committee members reviewed the plan.
·       Town land on Indian Neck Beach:  individual sent letter to Chief of Police reporting vehicles are driving over the beach within the past 6 months and is looking for some enforcement.  
·       Greenberg stated there is a meeting scheduled after June with the Shellfish Advisory Board and Commission for discussion.  Helen Miranda Wilson edited the existing bylaw for vehicles.
·       Preliminary subdivision plans were signed by Agent Greenberg for property at 130 Old. Kings Highway and 0 off Old Kings Hwy and addressStreet2115 Old Kings Hwy.  
·       Agent Greenberg stated she has been working with Open Space regarding signage for under the power lines.
·       The town was baited for rabies 4/25 through 5/2.
·       Andrew Petty has been working with Heidi of Americacorps, and all trails are mapped with GPS and maps are going to the printers.  The Conservation Trust has a new web site and the maps will be available.  He stated they are half way done with the Conservation Restriction Land Reviews.
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Public Hearings 5:00 pm:  Town Hall Meeting Room (basement)

t5:00 pm  Shapiro, 348 King Phillips Rd., Map 35, Parcel 183, Certificate of Compliance.  Agent Greenberg stated that the site visit with Field Point Association did not take place so the Certificate of Compliance was continued.  Cyndi Moe moved to continue to 5/21/08; seconded by Ginie Page;
passed 5-0.

5:02 pm  Manning, 1694 State Highway, Map 30, Parcel 84.1, Partial Certificate of Compliance.  Application was withdrawn.  Cyndi Moe moved to grant a withdrawal; seconded by Dottie Dolan; passed 5-0.

5:07 pm  Verilli, a280 Browns Neck Rd., Map 13, Parcel 170, RDA, Septic Upgrade.  Eric Mitchell of  J. C. Ellis, Inc. gave an overview of the project.  The cesspool will be pumped and filled.  Dottie Dolan moved to identify this as a Negative 3; seconded by Ed Reynolds; passed 5-0.

t5:08 pm Glaze, 625 Old Wharf Rd., Map 35, Parcel 14, NOI, Septic Upgrade.  No DEP number or Natural Heritage information had been received.  Eric Mitchell stated the entire site is a resource area.  The existing system, which will be removed, is located on the north side of house and the plan calls for the new system to be located in the same footprint to reduce the impact.  Agent Greenberg asked if Mr. Glaze would consider a composting system or tight tank system.  The other side of the property has vegetation which they do not want to disturb.  The applicant is going before the Board of Health.  Cyndi Moe moved to continue to 5/21/08; seconded by Ginie Page; passed 5-0.       
5:13 pm  Halloran, 1360 Chequessett Neck Rd., Map 18, Parcel 5, NOI, Relocate existing dwelling outside buffer zone and abandon existing well.  Eric Mitchell represented the applicant.  There was discussion regarding the driveway and if the road could be covered and vegetated that is owned by the National Seashore which is a park entrance.  Mitchell stated this was one parcel and a portion of it was given to the National Seashore.  No file number and no Natural Heritage information had been received as yet.  Mitchell stated the house may relocate farther outside of the buffer zone.  Dottie Dolan moved to continue to 5/21/8; seconded by Ed Reynolds; passed 5-0.  Agent Greenberg requested a planting plan.  CCNS is requesting that the Halloran’s revegetate the driveway that they had turned over to the National Seashore.   

5:20 pm  Parlante (Bookstore Restaurant), 50 Kendrick Ave., Map 20, Parcel 3, NOI, Septic Upgrade.  Emily Beebe represented the applicant and requested a continuation to 5/21/08 because they have not received the DEP number or Natural Heritage approval.  She stated most of the activity would be within the 50’ and 100’ buffer zones.  She gave an overview of the project and limit of work.  She stated there may be some changes to the storm water management plan.  All of the old system will be removed.  Dottie Dolan moved to continue to 5/21/08; seconded by Cyndi Moe; passed 5-0.

5:27 pm  Schiffrin, addressStreet174 Samoset Ave., Map 28, Parcel 89, RDA, Septic Upgrade.  Stephanie Sequin represented the applicant.  There are 2 houses on the property, and the current system lacks adequate ground water separation.  There are a total of 6 bedrooms.  The leaching system will be elevated above grade.  There will be one well for both cottages and the project is going forward to the Board of Health.  They are seasonal dwellings.  She stated they will abandon the existing septic system.  Dottie Dolan moved to identify this as a Negative 3; seconded by Ginie Page; passed 5-0.

5:35 pm  Zelman, 115 Atlantic Ave., Map 36, Parcel 33, RDA, Install water line.  David Lajoie represented the applicant and stated the present well has problems with salt water.  The new well would be located off their property and would require a water line over a neighbor’s property.  Agent Greenberg read a letter from the Dickerman’s, the Wilkening’s, and the Barkers who object to the project.  The objections reflect Board of Health regulations.  Lajoie stated he was not aware of the letters and requested a continuation.  Cyndi Moe moved to continue to 5/21/08; seconded Ginie Page; passed 5-0.

5:42 pm  Keagan, 935 Chequessett Neck Rd., Map 19, Parcel 99, RDA, Upgrades to dwelling.  Jim Nickerson, general manager of project, gave an overview of the project.  There will be no excavating.  The house needs updating because of rotting of wood.  Terry Kips moved to identify this as a Negative 3; seconded by Ed Reynolds; passed 5-0.  

5:48 pm  Avery, 95 Wigwam St., Map 35, Parcel 206, RDA, Erect storage shed.  Mr. Avery stated there will be no hazardous materials stored in the shed, and only 4 holes will be dug for sono-tubes.  Dottie Dolan moved to identify the project as a Negative 3; seconded by Terry Gips; passed 5-0.

5:50 pm  Town of Wellfleet, various streets, NOI, Installation of new 12” water main.  Paul Milletta and Steve Belanger of Environment Partners gave an overview of the project which will consist of 20,000 ft. of new water lines in the town.  There will be no change in the grade of the roads and no change in run off.  Agent Greenberg stated there was concern about set backs of catch basins to the utility lines with regards to potential chemical issues and contamination.  Steve Cazzano, an abutter, asked how the lines would go under a stream and Millett stated it would be driven 2 feet below the stream bed.  The pipe will not be exposed.  An abutter stated Chris Rd. is a private road and questioned how they will get permission to do the work, she also stated this is box turtle habitat.  She was told the project is contingent upon Town Meeting approval in the fall. Anthony Butignol asked if all the pipes will be installed in the road layout.   He stated the proposed site is at the old Boy Scout camp and he is concerned with lead shot in the area.  It was asked if all the residents have to hook up to the water line and there is not an answer as yet.  Ginie Page moved to continue to 5/21/08; seconded by Cyndi Moe; passed 5-0.  

6:08 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 04/02/08).  Dottie Dolan read the minutes from 04/02/08.  Stan Humphries recommended opening the Stossel, Masari and Risch hearings together.  Humphries stated the civil engineer who signed off on the project revised the number of baskets be reduced from 8 to 5 and stated there will be no anchors used on the banking.  The baskets will be covered and vegetated.   The trucks delivering the materials will come in the existing driveway and wooden ploanks will be laid out to minimize damage for the access.  Materials will be stockpiled off the corner of the house.  In order to get the materials to the slope, the wooden planks will be used.  The material will be released slowly from the top of the bank.  The rocks will be delivered by a chute down the bank.  The gabions will be constructed on site.  There will be benches above the revetment which will be used for storage.  Ed Reynolds moved to approve the plan with a revised date of 4/29/08; seconded by Cyndi Moe with conditions.  Supervisor:  Ed Reynolds      

6:10 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 04/02/08).  This case was opened with Stossel as one continuous project.  Terry Gips moved to approve the NOI; seconded by Cyndi Moe; passed 5-0 with conditions.   Supervisor:  Ed Reynolds.

6: 11 pm  Risch, 95 Billingsgate Rd., Map 28, Parcel 232, NOI, coastal stabilization with gabion mattresses, gabion baskets, coir envelopes and sediments (Cont’d from 04/02/08).  This hearing was opened with Stossel and Massari as one continuous project.  Cyndi Moe moved to approve the NOI; seconded by Terry Gips; passed 5-0 with conditions.   Supervisor:  Ed Reynolds.

6:31 pm  Stossel, 85 Billingsgate Rd., Map 34, Parcel 116, NOI, Demolish existing dwelling and construct new dwelling.  Stan Humphries, Al Abrhams, Eric Winslow, and Paul Kruger represented the applicant.  Humphries stated the Alternative Analysis would be to demolish and move the dwelling site more landward beyond the 100’ line.  He recommended that Alternative 2 be accepted.   The Massachusetts Historical Commission sent a letter stating there are Indian artifacts in close proximity to the property and requested the applicant notify them accordingly. Agent Greenberg read a letter from the Grafts and Charlie Shipes.  Ed Reynolds moved to approve the NOI dated 04/10/08; seconded by Cyndi Moe with conditions; passed 5-0.  Supervisor:  Ed Reynolds           

6:50 pm  MA Audubon, NOI, off Lt. Island, create oyster reef (Cont’d from 04/02/08).  Bob Prescott of the Audubon and Kate Killerlaine Morrison from Nature Conservancy presented more information on the project.  placeCityPrescott stated Natural Heritage has signed off on the project with conditions.   Kate gave an overview of the project from the meetings she had with DMF.  placeCityPrescott stated the Audubon will be grantees under the Town.  Kate referred to the April 15 letter and gave an overview of each of the bullets.   There was discussion regarding DMF’s concerns which include the agencies working together, what materials will be used, sand migration, the state’s issue with reef balls, monitoring spat, horseshoe population, the duration of the project, experimental harvest times, laws that apply to the project, and potential expansion.   The Commission needs DMF’s approval and   Terry Gips moved to continue to June 18; 2008; seconded by Cyndi Moe; passed 5-0.       

7:21 pm  Lt. Island Association, 5th Ave to Meadow Ave., NOI, Install electrical cable.  Correct paperwork needs to be submitted.  Cyndi Moe moved to continue to May 21, 2008; seconded by Terry Gips; passed 5-0.

7:22 pm  Prager, 376 King Phillip Rd., Map 35, Parcel 184, NOI, Beach access steps.  Mark Burgess and Frank Corbin gave an overview of the project.  The steps will be designed based on the grade and will be installed according to a cut and fill process.  Hemlock wood will be treated with ACQ.  Natural Heritage stated work can only be done from October 1 to June 1.  Cyndi Moe moved to approve the NOI dated 3/13/08; seconded by Ginie Page with conditions passed 5-0.  Supervisor:  Ed Reynolds

Terry Gips moved to adjourn at 7:33 pm; seconded by Cyndi Moe; passed 5-0.

Respectfully submitted,

Christine A. Bates, Committee Secretary