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Cons Comm Minutes 09/17/08
Minutes of Conservation Commission Public Meeting

Date:        September 17, 2008
Time:           4:00 pm
Location:       Town Hall Hearing Room

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

Attorney Drew Hoyts representing Warren and Joanne Woods, requested a dialog with the Commission regarding the erosion on the Woods property.  He stated the erosion on the Woods property has accelerated and they feel there is a need to prevent or at least slow the process. He distributed a conceptual plan for a short term solution which included extending the drift fence and adding coir envelopes in front of the Woods property.  Greenberg stated coir envelopes are new technology and sand can go through them.  He also proposed a renourishment program, blending it into the beach.  Hoyts stated they would have to work with abutting properties, including the Brimms and MA Audubon.  Greenberg recommended a double drift fence and stated they would have to submit a NOI, including a planting plan.  Hoyts stated there are “right of passage” and property rights issues, as well as the fact that the proposed fencing would be on Audubon property.  Access for the work would need to be approved by property owners.  Hoyts asked about the coordinated fund for renourishment and Greenberg stated it was in the works and may not be ready for several months or years and the owners will be notified when it goes into effect.  

John DiBlasio questioned the Order of Conditions for MA Audubon 77-1062 regarding the gate and rocks.  

The draft ACEC regulations were reviewed and further changes made. The draft with these revisions will be brought to the 10/01/08 meeting.
   
Public Hearings 5:00 pm:
Moore, 975 Chequessett Neck Rd., Map 19, Parcel 96, Certificate of Compliance.  Agent Greenberg stated no work took place on this NOI.  John DiBlasio moved to issue the Certificate of Compliance as not started; seconded by Terry Gips; passed 4-0.

420 Lt. Island Road, Map 41, Parcel 79, Certificate of Compliance.  A site visit was made and the work was completed as planned.  Ginie Page moved to issue a Certificate of Compliance; seconded by John DiBlasio; passed 4-0.   Agent Greenberg will send a memo to remove a ladder and other miscellaneous. items off the buffer zone.

Whitman, t53 Chequessett Bluff Rd., Map 20, Parcel 39, Certificate of Compliance.  Greenberg stated the work was done as planned.  Terry Gips moved to issue the Certificate of Compliance; seconded by Ginie Page; passed 4-0.  

Emmett, 13 Second St., Map 30, Parcels 162 and 184, NOI, construct new dwelling (Cont’d from 8/06/08).  The applicant requested a withdrawal without prejudice because the project was moved out of the buffer zone.  Ginie Page moved to withdraw the NOI without prejudice at the applicant’s request; seconded by John DiBlasio; passed 4-0..  

Cape Cod National Seashore, 235 Way #6254, Map 16, Parcel 630, RDA, replace deck and access ramp.  At the request of the applicant to continue, John DiBlasio moved to continue to 10/01/08; seconded by Terry Gips; passed 4-0.  

5:26 pm
Kew, 82 Wiles Lane, Map 16, Parcel 631, NOI, Install wood staircase from cottage to beach.  There was no representation at the hearing.  Ginie Page moved to continue to 10/01/08; seconded by Terry Gips; passed 4-0.

5:10 pm
Michelson, 21 Samoset Ave., Map 28, Parcel 184, NOI, remove and rebuild dwelling (Cont’d from 9/03/08).  Emily Beebe, Attorney Ben Zehnder and Tim Brady represented the applicant.  The laundry/mud room has been reduced in size, relocated on the plan to the main floor, and constructed on pilings.  The septic tanks will be moved onto the property and Agent Greenberg requested relocating or removing the drywell because it is too close to the well.  The window wells on the north side will be under the landing; the second floor deck  will have a pervious floor.  Terry Gips moved to approve the revised 9/15/08 plan; seconded by Ginie Page; passed 4-0 with conditions. Supervisor:  John DiBlasio
   
5:25 pm
MA Audubon, NOI, off Lt. Island, create oyster reef (Cont’d from 7/02/08)  At the request of Bob Prescott, Ginie Page moved to continue to 810/01/08; seconded by John DiBlasio; passed 4-0.

Business cont’d:

Jurisdictional Opinion:  Bill Fliet, 65 Vanessa Way, remove pine trees over the house and trim limbs.  Andrew Petty made a site visit and stated the project is ok.  Petty is going to receive information on the pine beetle.  If the trees are infected, they need to be removed in the winter months. Ginie Page moved to approve the Jurisdictional Opinion; seconded by Terry Gips; passed 4-0.  

Jurisdictional Opinion:  Bill Foster, 21st Ave,  replace well in the exact location within buffer zone and remove one tree.  Terry Gips moved to approve the Jurisdictional Opinion; seconded by John DiBlasio; passed 4-0.    

Greenberg stated the Commission had approved a screened porch for Jamie Johnson at Harborside Village at the same height of the trailer and Johnson was told she had to come back to the Conservation Commission and ZBA because it was not built according to the plan which was approved.  Instead of just screens, they have included glass.  The Commission agreed they would like Johnson to return to the Commission.  Agent Greenberg stated the Commission could set up a Memorandum of  Understanding where Harborside would come before the Commission every 2 years.  

Agent Greenberg announced there will be a Herring River Scoping Meeting on September 24, 2008 at 7:00 pm.

Ginie Page suggested the beach bathrooms be left open until the Oyster Fest due to the number of people still visiting the beaches.  Greenberg will write a letter to administration requesting the bathrooms stay open until Oyster Fest.    

Due to the number of amendments to the meeting minutes of  9/03/08, the Committee Secretary will amend and resend to the commission.  

Ginie Page moved to adjourn at 6:20 pm; seconded by Terry Gips; passed 4-0.        

Respectfully submitted,


Christine A. Bates, Committee Secretary