Minutes of Conservation Commission Public Meeting
Date: August 20, 2008
Time: 4:00 pm
Location: Town Hall Hearing Room
Commissioners Present: Co-Chair Ginie Page, Dottie Dolan, Cyndi Moe, Terry Gips, Patrick Winslow, and John DiBlasio.
Staff Present: Agent Greenberg and Christine Bates, Committee Secretary
Regrets: Ed Reynolds and Andrew Petty, Assistant Conservation Agent
4:00 - Business Meeting & Conservation Agent's Report
Co-Chair Ginie Page opened the meeting at 4:00 pm.
Jay Horowitz, Architect, stated he has been approached by a client in Harborside Village to convert a deck into a 10’ x 20’ foot living room and then to add a 9 x 10’ deck. Discussion took place regarding residents coming before the Board as a group with requests for alterations instead of individually. Agent Greenberg recommended doing a site visit and meeting with the Association regarding their rules and regulations about alterations. Horowitz will come to the Sept. 3, 2008 meeting to discuss this further.
Terry Gips reported Brent Valley’s barge is sitting on the grass in Chipman’s Cove.
The road on Lt. Island should be rerouted into the road layout and off Town owned land at the request of the Planning Board. The Commission’s vote of August 6, 2008 is reversed.
Jurisdiction Opinion: 140 Fox Island Rd, Map 28, Parcel 207: remove dieing trees on the property. Petty made a site visit and felt it was acceptable. The Commission wanted to make a site visit before approving.
Jurisdictional Opinion: Brand, 344 King Phillip Rd., having problem with vista pruning by neighbors on their property. They want to put a snow fence on the property to keep trespassers off. A site visit will be made prior to approving the Jurisdictional Opinion.
Agent Greenberg reported there is up to $7,500 in Land Management grant money available for recreational and educational purposes. The Commission.will try to find a way to apply it to a project.
The ACEC flood plain regulations will be formatted and e-mailed to Commissioners.
Ginie Page, Dottie Dolan and Agent Greenberg reviewed maps of town owned land that is up for sale/auction. Alfred Pickard stated an updated map will be provided.
Maps and identifications of armored properties were distributed.
Public Hearings:
5:00 TD Bank North, 10 Main St., Map 15, Parcel 1, RDA, Replace existing timbers (Cont’d from 8/06/08). Steve Burke, landscape contractor, stated the existing parking lot is gravel bordered by a brook. The previous timbers were very old and in bad shape. He stated they want to replace them with pressured treated timbers. Agent Greenberg stated there will be a $90.00 fee for “after the fact” action. Dottie Dolan identified the project as a Negative 3; seconded by Cyndi Moe; passed 6-0.
5:05 pm Carey, 75 Nauset Rd., Map 28, Parcel 95, RDA, drill well. Ron Peterson represented the applicant and stated this will be a replacement for their potable water well. He stated the current well is located two properties away from the dwelling. Dottie Dolan moved to identify this as a Negative 3; seconded by John DiBlasio; passed 6-0.
5:11 pm Murphy, 20 Pine Pt., Map 5, Parcel 132, RDA, construct decking. Chet Lay represented the applicant and stated the wood on a deck rotted several years ago. The proposed deck will be the same size as the previous one and will be supported with 10 sono tubes which will be hand dug; a silt fence will be installed during the construction. Lay stated this is also a safety issue for the applicant because there is a doorway leading out to where the previous deck was. John DiBlasio identified this as a Positive 1 which will require an NOI being filed; seconded by Cyndi Moe; passed 6-0.
5: 18 pm Wellfleeter Condo’s, 275 Kendrick Ave., Map 20, Parcel 32, RDA, septic upgrade. John Schnaible and Nick Kanovas gave a history of the property, stating the Board of Health regulations require the system be out of zone 1. The existing leach pits and tanks will be filled in or be removed. Schnaible stated they hope the property will get on Town water which would change the proposed system; however, if that doesn’t happen, the proposed septic would be installed. Agent Greenberg requested a water sample immediately per the Board of Health conditions which which would force them to install this upgrade sooner than the anticipated three year installation. Cyndi Moe identified the project as a Negative 3; seconded by John DiBlasio; passed 6-0.
5:34 pm Emmett, 13 Second St., Map 30, Parcels 162 and 184, NOI, construct new dwelling (Cont’d from 08/06/08). The applicant has requested a continuation to September 17, 2008. Cyndi Moe moved to continue to September 17, 2008; seconded by John DiBlasio; passed 6-0.
5:35 pm Michelson, 21 Samoset Ave., Map 28, Parcel 184, NOI, remove and rebuild dwelling (Cont’d from 08/06/08). The applicant requested a continuation to September 3, 2008. Ginie Page moved to continue to 9/3/08; seconded by Cyndi Moe; passed 6-0.
5:36 pm Lt. Island Association, 5th Ave to Meadow Ave., NOI, Install electrical cable (Cont’d from 7/16/08). The applicant requested a continuation to September 3, 2008. Cyndi Moe moved to continue to 9/3/08; seconded by Terry Gips; passed 6-0.
5:36 pm Glucksman, 165 Commercial St., Map 21, Parcel 118, NOI, septic upgrade and deck construction on shed. David LaJoie and Maurice Glucksman gave an overview of the project. An approval was granted from the Building Inspector on a local level but not approved from a State level. The septic upgrade is for six bedrooms. LaJoie stated the shed has been modified into a studio space and a deck has been built, which is an “after the fact”. The studio is 14’ x 18’ with a loft. Agent Greenberg stated the shed was rebuilt in 1990 and there was a condition from John Chatham, the former Health/Conservation Agent, that there was to be no heat or water to the shed. However, water and heat have been added to the studio. The Commission stated
it is a screened porch with a roof, not a deck. Agent Greenberg stated this is an artist studio and the Board of Health will put conditions that the area is not habitable. Glucksman stated he thought he had permission from the Building Department on August 2007; however he was told to stop work on October 17, 2007. There was discussion regarding the shed and that the building of the deck/porch would never have been approved because of its closeness to the resources. Glucksman defended himself on disclosing all work on the property. Cyndi Moe moved to approve the septic upgrade, with the condition that the porch be removed; seconded by John DiBlasio; passed 5-1.
6:03 pm Town of Wellfleet, Mayo Creek Restoration NOI, (Cont’d from 7/02/08). Agent Greenberg suggested continuing the NOI to January 2009 in order to gather data. The applicants (John Riehl and Jeff Rogers did not appear for the hearing). The audience made statements that they did not like the way this was handled with the RDA which allowed the valve to be installed and they were not notified as abutters. Greenberg stated monitoring will be performed and the Commission had to educate the audience that there will be no exchange in water. Greenberg stated she notified Riehl and Rogers that she was uncomfortable with the application, it was not signed and not valid because it was not sent to the State; therefore, it is null and void and they will have to come back to the Commission
again. Greenberg stated she wants concise data before going forward with the NOI. The monitoring of the wells will come back as an RDA, but abutters will not be notified. Cyndi Moe moved to continue to January 7, 2009; seconded by Dottie Dolan; passed 6-0.
Business Meeting Continued : 6:24 pm
Further discussion took place regarding decking and work within the wetlands and in the buffer zones.
Terry Gips moved to adjourn at 6:45 pm; seconded by Patrick Winslow; passed 6-0.
Respectfully submitted,
Christine A. Bates, Cmmittee Secretary
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