Minutes of Conservation Commission Public Meeting
Date: February 18, 2009
Time: 4:00 pm
Location: Town Hall Hearing Room
Commissioners Present: Co-Chair Ginie Page, John DiBlasio, Cyndi Moe and Terry Gips.
Staff Present: Agent Hillary Greenberg, Assistant Agent Andrew Petty, and Christine Bates, Committee Secretary
Regrets: Ed Reynolds and Patrick Winslow
4:00 - Business Meeting & Conservation Agent's Report
Co-Chair Ginie Page opened the meeting at 4:00 pm.
Dennis O’Connell requested the Commission sign their approval for the land grant application for the Pinto property. There will be a warrant for Town Meeting to purchase the land. He gave an overview of the grant money available.
Kathleen Bacon joined the Commission at the table for discussion.
The Woods Hole Group beach assessment project will be meeting on March 17, 2009 with the Shellfish Advisory Board at 4:00 pm.
Terry Gips stated the ice has brought in several metal frames and shell fishermen paraphernalia on shore near Fox Island. Cyndi Moe reported she received an e-mail from a friend who had received a notice from the town that her canoe had to be removed from Gull Pond. Apparently there are several canoes/kayaks still in the area.
Jurisdictional Opinion: (Ginie Page recused herself). Wellfleet Conservation Trust property on Lt. Island (Map 40/ Parcels 19, 16, 17 and 18) requesting permission to remove downed trees, brush and garbage on the site and replace the Conservation Trust sign. Cyndi Moe moved to approve the Jurisdictional Opinion; seconded by John DiBlasio; passed 3-0.
Hillary Greenberg reported the construction for the septic system at the Bookstore Restaurant will begin on Monday, February 23, 2009. The septic system for Pearl (formerly Captain Higgins) will begin in April 2009.
Agent Greenberg reported she will be applying to Americorps for an individual to inspect the Conservation Commission managed lands and update the data system. She will submit a Notice of Intent for grant money available from the Gulf of Maine for gathering further data for the Mayo Creek area. Terry Gips stated that when the valve malfunctioned 15 years ago, there was enough flushing to move the “black mayonnaise”. She stated there were studies done by Graham Geiss on the amount of flow and further information would be good to compare. Greenberg will contact John Riehl. More investigation could be done regarding the chemical makeup of the area waters and soils.
Trees and shrubs have been removed from the Parent property on Route 6 which is identified as an Estimated Priority Habitat. Trees have also been removed from the Left Bank Gallery property owned by Parent. Andrew Petty will make site visits for explanations. Cyndi Moe moved to have Agent Greenberg send a letter to the State Natural Heritage and enclose pictures of the Parent property on Route 6; seconded by John DiBlasio; passed 4-0.
Natural Heritage replied regarding hang gliding, parasailing, and they recommended banning the activities from April 1 to August 31 on The Gut, Great Island and Duck Harbor. They sent guidelines on shore birds for our review.
John DiBlasio moved to approve the 1/21/09 meeting minutes as amended; seconded by Terry Gips; passed 3-0. Cyndi Moe moved to approve the 2/04/09 meeting minutes as amended; seconded by John DiBlasio; passed 4-0.
Public Hearings 5:00 pm:
timeMinute0Hour175:00 pm
Sparrow, 115 Parkington Hill Rd., Map 46, Parcel 23, Certificate of Compliance. The proposed concrete block was not constructed, pavers at the beginning and ending of the driveway were not installed, the bank on north side of the driveway was regraded and covered with woodchips. Agent Greenberg stated the septic installation was completed according to plans. Cyndi Moe moved to approve the Certificate of Compliance; seconded by John DiBlasio; passed 4-0.
5:04 pm
McNamara, 349 Old Kings Hwy, Map 23, Parcel 71, Request for Extension. Jason Ellis represented the applicant and stated this was originally brought before us 3 years ago. The house is still for sale and the work will be done as soon as there is a purchaser. He is requesting a three year extension. Ellis stated the existing system is working fine and is only used a couple weeks during the year. Cyndi Moe moved to approve a two year extension; seconded by Terry Gips; passed 3-1.
timeMinute12Hour175:12 pm
Makely (owner Steven Anthony), 149 Hamblen Farm Rd, Map 12, Parcel 47, RDA, Establish community garden. Agent Greenberg stated she had received a map identifying the entire area as wetland and shared this information with the Makely’s. They were reviewing the map. Cyndi Moe moved to continue to 3/4/09; seconded Terry Gips; passed 4-0.
5:14 pm
Benson, 270 Bayberry Lane, Map 41, Parcel 130, NOI, Septic upgrade (Cont’d from 2/4/09). Paperwork from Natural Heritage and DEP was received. Terry Gips moved to approve the NOI; seconded by Cyndi Moe; passed 4-0.
5:16 pm
Rispoli/Grabowski, 15 LeCount Hollow Rd., Map 30, Parcel 22, NOI, Parking Redevelopment. John Schnaible from Coastal Engineering represented the applicant. He gave the history of the property and an overview of what the new owners want to do. He stated they will reuse the parking lot and will make the parking area orderly. ZBA and the Planning Board have approved the project. The new outside dining area will be 24 x 24 feet. The whole parking lot will be crushed stone with drainage and a catch basin with the exception of the handicapped parking area which will be paved. Some shrubs and plantings will be placed at the back of the parking lot at the top of the bank. It was suggested additional plantings be done along the bank toward the eastern end, behind the existing
building. There was discussion regarding the material of the existing patio area. Schnaible stated this project did not require a DEP filing. There has been no response from Natural Heritage. Ginie Page noted there is prickly pear on the property which needs to be protected. Agent Greenberg recommended a new plan be submitted identifying the landscaping plan. Cyndi Moe moved to continue to 3/4/09; seconded by John DiBlasio; passed 4-0.
5:35 pm
Town Of Wellfleet, Maps 14, 20 and 21, Holbrook and Kendrick Aves, NOI, Installation of water mains.
Steve Belanger of Environmental Partners gave an overview of the project. The water mains will be installed in the roadway. The water main will run the entire length of Holbrook, hook up to the existing main on Kendrick, and a “t” will be placed at the side streets for any future water hookups. Straw bales will be used for erosion control. Bluff Ave. was identified on the plan which is nonexistent, so the water mains will not go there. T’s will be placed at Harborside Village, as well as condo locations along Kendrick Ave. Terry Gips moved to continue to 3/04/09 awaiting Natural Heritage remarks; seconded by Cyndi Moe; passed 4-0.
5:54 pm
MA Audubon, Amendment to Order of Conditions, oyster reef. Robert Prescott brought examples and pictures of the materials to be used for the reef. He stated they will get molds and will produce their own. He stated the sand ridge is moving west and another survey will be done in April. We have not received a response from DMF or Natural Heritage. The requested amendment is to put out shell mats this year made from bamboo and place the oyster shells on the mats. The spat blocks will not be higher than 18 inches. The state has requested 10 foot runways of mats. He stated they will be experimenting with different substrates to determine what attracts oysters. They will be conducting studies of diseases and DNA.
There was discussion regarding the harvesting, and Prescott stated they will open it up to the public. They will divide the site into four areas, with no harvesting at one area which is their “study” area. Cyndi Moe moved to continue to 3/4/09; seconded by Terry Gips; passed 4-0.
6:12 pm
Lt. Island Services Improvement Assoc., Map 40, various parcels, Road repair and maintenance. Brad Mallow from Coastal Engineering gave an overview of the work to be performed. The roads will be graded with a rake-like machine, then smoothed and prepped, to fill depressions and even off the surface. Where this process is not sufficient to fill holes and depressions, additional fill will be added. Mallow stated that the amount of gravel fill would be very limited in quantity and there would be no change in height of roadbed. There was concern about materials going into the adjacent marsh resource and Mallow stated there will be a small amount pushed to the side of the road during grading. After the road has been driven on to compact it, a final fine grading will be done. Follow-up
grading would be done as needed since the pot holes will most likely recur. Natural Heritage stated that because of the turtle habitat, the follow-up work would need to be done between July 20 and August 20. However, MA Audubon will provide a monitor to watch for turtles so that work could be done at other times if necessary. Brad provided a copy of the e-mail he sent to Natural Heritage asking for consent for this arrangement. Storm water filing was not necessary, per Mallow because they are not changing anything, only maintaining the road. Agent Greenberg did not identify this project as an emergency filing. This is an “after the fact” filing. Terry Gips moved to approve the NOI; seconded by Cyndi Moe; passed 4-0.
6:32 pm
Woods, 150 3rd St., Map 40, Parcel 101, NOI, Installation of sand drift fencing with beach nourishment (Cont’d from 1/21/09). At the request of the applicant, Terry Gips moved to continue to 3/04/09; seconded by Cyndi Moe; passed 4-0.
MA Audubon, Lt. Island Rd., Map 40, Parcel 101, NOI, Installation of sand drift fencing and beach nourishment (Cont’d from 1/21/09). Terry Gips moved to continue to 3/04/09; seconded by Cyndi Moe; passed 4-0.
New Proposed Flood Plain / ACEC Regulations
Agent Greenberg provided two plans, one identifying the ACEC with the Flood Plains, and the other identifying only the ACEC. A letter dated Feb. 17, 2009 from the Natural Advisory Board was read into the record, supporting the amendments to our regulations. Agent Greenberg stated the amendments will give the Commission additional power to either approve or reject proposals in the ACEC. A date certain will be agreed upon to impose the new regulations for future applications. Cyndi Moe moved to approve the amended regulations; seconded by John DiBlasio; passed 4-0.
Cyndi Moe moved to adjourn at 6:45 pm to go into Executive Session; seconded by John DiBlasio; passed 4-0.
The public hearing was reopened at 6:59 pm.
Cyndi Moe moved to adjourn 7:00 pm; seconded by John DiBlasio; passed 4-0.
Respectfully submitted,
Christine A. Bates, Committee Secretary
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