Minutes of Conservation Commission Public Meeting
Date: September 3, 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, Assistant Andrew Petty and Christine Bates, Committee Secretary
Regrets: Ed Reynolds
4:00 - Business Meeting & Conservation Agent's Report
Co-Chair Ginie Page opened the meeting at 4:00 pm.
Peter Markunas from Woods Hole Group explained to the Commission how payments will be made for the study of the sand movement on town beaches and renourishment assessments. Terry Gips moved to adopt and accept the payment schedule as presented in the memorandum of September 2, 2008; seconded by John DiBlasio; passed 5-0.
Markunas sought guidance regarding the Yankelovich property located at 374 King Phillip Rd. A request to install a revetment in phases is forthcoming from the owner. Because the rocks are below mean high water, a Chapter 91 license will be required. Markunas also wanted to know if the Order of Conditions could be extended. Agent Greenberg suggested a site visit be made on September 17, 2008.
Jay Horowitz, Architect, returned to discuss Harborside Village alterations. Cyndi Moe stated all alterations require going through the Association. The Commission stated that all alterations would have to be above flood elevation. Horowitz stated if alterations were less than half the value of the property, they would be exempt from the new regulations. The Commission stated they would require a letter from the Association recommending the alteration. A site visit is scheduled for September 17, 2008.
Jurisdictional Opinions:
Bartlett, Map 4, Parcel 33: maintenance pruning. The Commission agreed that one representative from the commission will meet with the landscaper on site prior to the start of work. Cyndi Moe moved to approve the Jurisdictional Opinion; seconded by Dottie Dolan; passed 5-1.
McKenzy, Map 28, Parcel 207: cut down two dead pine trees and some additional pine trees. Cyndi Moe moved to approve the Jurisdictional Opinion with the condition that, because of the blister beetle, they be cut in the winter, disposed of properly—not stacked or chipped on site—and the Agent advised about disposal; seconded by Terry Gips; passed 6-0.
Emily Beebe withdrew her Jurisdictional Opinion for Brand.
Peters of Paine Hollow Rd, Map 29, Parcel 307: remove pine trees overhanging the house using A-Z Tree Service. Andrew Petty will make a visit with the contractors. Dottie Dolan moved to approve the Jurisdictional Opinion; seconded by Cyndi Moe; passed 6-0. Petty will talk with University of MA regarding pine tree disposal.
Terry Gips moved to approve the amended meeting minutes of August 6, 2008; seconded by Cyndi Moe; passed 6-0.
Cyndi Moe moved to approve the August 20, 2008 meeting minutes as corrected; seconded by John DiBlasio; passed 6-0.
Public Hearings
5:00 pm
Clisby, 50 First Ave., Map 30, Parcel 125, Certificate of Compliance. Cyndi Moe moved to close the hearing because paperwork was already issued on the Order of Conditions; seconded by Dottie Dolan; passed 6-0.
5:04 pm
Town of Wellfleet, various streets, NOI, Installation of new 12” water main. Paperwork and approvals were received from MESA and DEP. The Commission reviewed the path of the water main. The installation of the water main is contingent on Town Meeting vote. Dottie Dolan moved to approve the NOI; seconded by Terry Gips; passed 6 with one abstaining.)
5:14 pm
Stossel, 85 Billingsgate, Map 34, Parcel 16, Amended Order of Conditions. Patrick Winslow recused himself. Ginie made public that she is a member of the Conservation Trust. Representatives of Stossel gave an overview of the previously approved plan and suggested a more aggressive planting plan and additional nourishment on the bank . The bank, from the top edge down to the stone revetment, will be planted with a variety of plants. Wilkerson presented photographs of the steep vertical banks stating he would like to re-contour the top in order to more effectively install the plants. However, the Commissioners urged him against this plan. The only change to the top contour will be at the southern end of the bank where a pine tree will be removed and the sand will shift down
the bank as a result. There will be no changes allowed to the rest of the bank by the landscapers. Trickle irrigation will be applied to the plantings. Agent Greenberg requested a sieve analysis of the sand to be placed on the bank prior to the start of planting. Erosion control fabric will be placed on the bank and anchored with stakes. Copies of the new plan have not been sent to Natural Heritage.
Letters from Murray, Watnick and Nimitz objecting to the project were read into the record; abutters Lovell, Graff, Kaminsky, and Massari expressed concerns with their water quality and quantity, and suggested that plants not requiring irrigation be used; and they requested a study be done on the quality of the water in the area. Agent Greenberg stated there is no regulation on Indian Neck or in the Town as a whole to measure the quantity of water. It is the option and responsibility of individual property owners to have their water checked if they are concerned about quality or quantity. Abutter Spitz stated a neighbor of hers uses irrigation and her water now has salinity in it. Wilkerson stated that once the plantings are established, they will not require watering. He
stated watering would only take place when there is a lack of rain.
Dave Bennett of Bennett Environmental, stated there will be monitoring of water being used; that there is a window of time now to plant in order to reduce erosion of the bank; that the well has already been approved for 660 gpd by the Board of Health; and occupancy of the dwelling will not take place until the spring. Agent Greenberg requested that Bennett supply the readings from the meter to the Conservation Agent. Bennett briefly defined the terms of aquifer and lens to the audience and Commissioners. Discussion took place between audience members and the Commission which included water testing for every property in the area, the quality of the water, the use of beach grass versus the variety of plants suggested by Wilkerson, and the use of 660 gpd of water on the property.
Dottie Dolan moved to approve the revised Felco Engineering Plan dated 8/26/08 and the planting plan by Wilkerson Ecological Design dated 8/11/08; seconded by Terry Gips; passed 5 – 1 – 1 recusal with conditions.
7:08 pm
Lubell, 55 Marsh End, Map 8, Parcel 266, NOI, Septic Upgrade. David Lajoie represented the applicant and gave an overview of the project. Dottie Dolan moved to approve the NOI; seconded byJohn DiBlasio passed 7-0 with conditions.
7:10 pm
Michelson, 21 Samoset Ave., Map 28, Parcel 184, NOI, remove and rebuild dwelling (Cont’d from 8/06/08). Emily Beebe and Tim Brady represented the Michelson’s and distributed revised plans of 8/25/08. They identified all the areas mitigated where less disturbance would occur from the original plans. They stated the only excavation on this site will be the driveway, up to the edge of the 50 foot buffer zone, and around the perimeter of the foundation to build a footing. The concrete pad will be broken up and removed. There will be a new chimney located within the 50 foot buffer zone and the increase in footage within the 50 foot buffer zone is less than 85’. Andrew asked if it would be possible to move the septic back onto the lot. Brady stated there will be
no destabilization to the bank and there is approximately 1800 square feet for plantings. The Commission repeatedly stated their concerns about the work within the 50’ buffer zone. The architect asked if the laundry/mud room could be moved to the main living floor which would eliminate the excavation into the bank. Brady stated revised plans would be available. Terry Gips moved to continue to September 17, 2008; seconded by Ginie Page; passed 6-0.
7:55 pm
Lt. Island Association, 5th Ave to Meadow Ave., NOI, Install electrical cable (Cont’d from 7/16/08)
Brad Maylo of Coastal Engineering and Michael McDonnell represented Lt. Island Association. Sandy Dobbyn stated there is a private right of way on her land where this electrical cable is proposed and she assumed they needed her permission. McDonnell stated this project would help maintain electricity by creating a loop from one transformer to another. Currently, if power goes out in one location, service is lost to ALL homes. There are no grade changes proposed, the cable will be installed with a plow, dragging a conduit behind it, and work will be done within a matter of hours. Work will take place from October to May. Terry Gips moved to approve the NOI; seconded by Pat Winslow; passed 6-0.
Cyndi Moe moved to adjourn at 8:20 pm; seconded by Dottie Dolan; passed 6-0.
Respectfully submitted,
Christine A. Bates, Committee Secretary
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