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Cons Comm Minutes 07/02/08
Minutes of Conservation Commission Public Meeting

Date:        July 2, 2008
Time:           4:00 pm
Location:       Town Hall Hearing Room

Commissioners Present:  Co-Chair Edwin Reynolds, Co-Chair Ginie Page, Dottie Dolan, Cyndi Moe, John DiBlasio, Terry Gips and Patrick Winslow   
Staff Present:  Assistant Conservation Agent, Andrew Petty, and Christine Bates, Committee Secretary
4:00 - Business Meeting & Conservation Agent's Report
Co-Chair Ginie Page opened the meeting at 4:00 pm.

Agents Report:

The owner of the Currier property and Conservation Trust could not agree on a price; therefore, the potential opportunity to purchase the property is stalled.

Jurisdictional Opinion:  Harborside Village, Judy Heist, replacement of 8 x 6 shed with a prefab 8 x 10 shed.  Dottie Dolan moved to approve the Jurisdictional Opinion; seconded by Cyndi Moe; passed 6-1.

Jurisdictional Opinion:  72 Holbrook Ave, Maguire, remove one or two maple trees and grind stumps.  Petty stated they are going to trim both trees first before removing them.  John DiBlasio moved to approve the Jurisdictional Opinion for one tree removal that is damaged and prune the other tree; (the second tree is in the power lines); seconded by Dottie Dolan; passed 6-1.

There is storage of shell fishing gear on Mayo PlaceTypeBeach and Petty would like to write a letter to the homeowners (Pilchers) that they are not allowed to store gear on their property.  Ed Reynolds moved to approve a letter be sent to Pilcher concerning the shellfish gear on the beach; seconded by Terry Gips; passed 7-0.

The Library is working on a project asking for support for a Solar Panel on the roof.  Ed Reynolds moved to support the project by writing a letter; seconded by John DiBlasio; passed 7-0. Cyndi Moe stated her husband is on the Building Needs and Assessment Committee and informed her that because the roof is relatively new, the warranty might be void if solar panels are installed.  

Ginie reported that vehicles are driving on a path off Old Wharf Road that goes into the marsh.  Petty suggested putting up a sign stating it is a conservation area.  If it is not town property, Petty would talk to the owner.  John DiBlasio will talk to the Pond and Access Committee.  

MAIL:  pamphlets, newsprint, A survey of conservation commission members from Amherst.

Petty announced the Mayo Creek Restoration hearing is continued to 8/20/08 to allow the people in Harborside Village  time to have a meeting with the NOI applicants.  

Cyndi Moe moved to approve the June 18, 2008 meeting minutes with amendments; seconded by Ed Reynolds; passed 5-0.

Petty reported Bank North was given a cease and desist order on July 2, 2008 because they were building a retaining wall without a permit.  
          
Public Hearings 5:00:  Town Hall Meeting Room (basement)
5:00 pm
Biron, 15 Commercial St., Map 15, Parcel 104, RDA, replace decking (Cont’d from 6/18/08).  Mr. Biron stated the stringers on the decking need replacement as well as the cross post to post supports.  Petty stated the bulkhead needs repair as well and some of the materials stored are in the resource area.  He stated he does not have the funds to repair the bulkhead at this time and the Commission told him if there is an event which demolished it, he would lose his property if the bank gave out.  Mr. Biron will contact the Conservation Agent regarding the bulkhead.  John DiBlasio moved to identify this RDA as a Negative 2; seconded by Ed Reynolds; passed 7-0.    
  
5:09 pm
Sterling/Zigmond, 36 Marsh End, Map 8, Parcel 264, NOI, addition to residence.  Gordon Peabody, Joy Cumming, and Tesa Moclair represented the applicant.  Cumming stated there will be some excavation toward the hill and retaining walls will be installed.  The existing oil tank is a single walled vessel which will be replaced and located outside of the 100’ buffer zone.  There has been some work done on the north side of the building and additional work will be done at that location.  Peabody stated he will be responsible for all monitoring on this project.  Cyndi Moe moved to continue to 7/16/08 for MESA and DEP responses; seconded by John DiBlasio; passed 7-0.

5:22 pm
Moore, 975 Chequessett Neck Rd., Map 19, Parcel 96, NOI, replace concrete revetment with stone revetment.  David Lajoie and Tim Dickey represented the applicant.  Lajoe stated the concrete covering is deteriorating on the revetment.  Lajoie stated there will be a change in the access to the project because the owner wants to save some landscaping.  The septic area will be steel sheeted for protection.  Lajoie questioned if they could go along the beach and the commission stated he would have to get permission from each land owner.  Natural Heritage stated there will be no adverse affects.  Petty requested a calculated nourishment plan.  Dickey questioned if they could get the signatures of the landowners, could they come back with an amendment and the answer was yes.  Ed Reynolds moved to approve the NOI; seconded by Cyndi Moe with conditions: passed 7-0

5:35 pm
Colton, 145 Indian Neck Rd., Map 28, Parcel 135, NOI, septic system upgrade.  David Lajoie represented the applicant and gave an overview of the project.  The septic requires upgrading because there will be a change in ownership.  An abutter questioned what is going to happen to the house due to its poor condition and she expressed concern with damaging the environment.  Lajoie was unable to answer her questions at this point.  The project has to get approval from the Board of Health.  Dottie Dolan moved to continue to 8/6/08; seconded by Cyndi Moe; passed 7-0.

5:50 pm
CityWellfleet, various streets, NOI, Installation of new 12” water main (Cont’d from 6/04/08).  
Ginie Page moved to continue to a date uncertain; seconded by Cyndi Moe; passed 7-0.

5:51 pm
Town of Wellfleet, Mayo Creek Restoration (Cont’d from 6/04/08).  Ginie Page moved to continue to 8/20/08 in order for a meeting to take place with the Harborside Village and the applicants; seconded by Dottie Dolan; passed 7-0.  

5:58 pm
MA Audubon, NOI, off Lt. Island, create oyster reef (Cont’d from 5/07/08).  There has been no response from DMF per Bob Prescott and Petty stated the project will not get approved without a letter from them.   Prescott gave a history of all the discussions MA Audubon has had with the various agencies for the past 2 years.  They are still in negotiation with the Division of Marine Fisheries and working with the Wellfleet Shellfish Warden.  He stated they have performed some data collection and a steering committee was formed to educate people and clear up any misinformation.  Currently there is no law for reinstatement of an oyster reef.  Prescott would like to continue with the studies and come back in September.  No cement boards will be used in the project and they will propose using mats.  Jute bags will be used to contain shells.  Prescott requested a continuation to 9/17/08.  Prescott stated the abutters to this project have expressed concern about unregulated driving on the resources and on private roads.  
Dottie Dolan moved to continue to 9/17/08; seconded by Cyndi Moe; passed 7-0.

Cyndi Moe moved to adjourn at 6:24 pm; seconded by Dottie Dolan; passed 7-0.

Respectfully submitted,

Christine A. Bates, Committee Secretary