Minutes of Conservation Commission Public Meeting
Date: March 18, 2009
Time: 4:00 pm
Location: Town Hall Hearing Room
Commissioners Present: Co-Chair Ginie Page, John DiBlasio, Cyndi Moe, Patrick Winslow and Terry Gips.
Staff Present: Agent Hillary Greenberg, Assistant Agent Andrew Petty, Hillary Greenbergand Christine Bates, Committee Secretary
Regrets: Ed Reynolds
4:03 - Business Meeting & Conservation Agent's Report
Co-Chair Ginie Page opened the meeting at 4:03 pm.
Jurisdictional Opinion: Place oyster shack next to anchor at Mayo Beach Parking Lot. John DiBlasio moved to approve the Jurisdictional Opinion; seconded by Cyndi Moe; passed 5-0.
Certificate of Compliance – 90 Lecount Hollow Road, wants ongoing condition to remove invasive species within the symbolic fence, the Conservation Agent to be notified when work is to begin. John DiBlasio moved to approve the Certificate of Compliance, seconded by Terry Gips, passed 5-0.
The ZBA requested comments on the comprehensive 40B housing for the Zelinsky property on addressStreet170 Pond Avenue. Agent Greenberg stated a corner of the structure is within the 50 foot buffer zone. After reviewing the plans, the Commission requested that an NOI be filed.
Lt. Island Renourishment.
Dana Drew, t80 2nd Avenue, Lloyd Howard represented the owners. Howard stated Felco would send a report by April 15, 2009. Agent Greenberg stated Drew’s property is not in violation at this time.
Olive, 113 4th St, 40/118, Olive has hired Peter Rosen to do an assessment of the property.
Brimm, 40/177, 0 1st St., is having an assessment performed on 3/19/09.
Philbrook, Bruno, Collins, and McLaughlin have not responded to Agent Greenberg.
Mail:
· National Seashore stated the testing tower for a wind turbine would work nicely at an area close to White Crest.
· A letter was received from the MA Historical Site Commission regarding the Pinto property and stated it was an excellent location to protect.
· Fred Armstrong from Lt. Island sent an article regarding beach nourishment.
· Bulletins / newsletters
Nate Johnson, shell fisherman, expressed his concern regarding someone driving his/her truck over resource and beach areas. He stated he and several other shell fishermen obey the rules of where they can access their grants and that there would be a $200 fine each time if he drove illegally on the beach. Johnson stated he has notified the Shellfish Department, MA Audubon, and the Conservation Agent. He stated all the fences have been torn down over the years and many signs have been taken down. Old Wharf area as well as Chipmans Cove are experiencing people driving on the beach. Someone also got stuck in Blackfish Creek with a vehicle. Greenberg stated it is difficult for Conservation Agents to enforce these regulations due to lack of time and lack of proper vehicles, and that the
Shellfish Department should be responsible for enforcement. Johnson stated the people who are driving on the beach are wild pickers. Cyndi suggested we write a letter to all grant holders and enumerating the rules and that the areas would be monitored. DiBlasio stated he had a discussion with Andrew Koch and Koch responded he was waiting for a map (which Greenberg stated was provided to him as well as the Shellfish advisory Board) identifying the areas where vehicles could drive. Johnson stated he was never informed that areas near Chipman’s Cove have opened up for parking and new access. Agent Greenberg stated if the land is town owned, it would be identified on the map as accessible, but private property is not accessible.
Public Hearings 5:00 pm:
5:00 pm
Grillo, 64 E. Commercial St., Map 15, Parcel 109.1, RDA, garden. Charlie Amsler stated he wants to do a small organic garden. John DiBlasio moved to identify this as a Negative 2; seconded by Cyndi Moe; passed 5-0.
5:08 pm
Walker, 90 Coles Neck Rd., Map 8, Parcel 189, NOI, Construct single family dwelling, driveway and well. Chet Lay represented the applicant and gave an overview of the project. Natural Heritage and MESA have not responded yet. At the existing Walker homestead, the well will have to be moved to a new location and the septic system will have to be upgraded. A letter from Neil Baumgarten opposing the project was read into the record. Chet Lay stated the house is not land locked and there will be no run off to the water resources. Pat McLennan, abutter, questioned the location of the septic system and stated she did not want any debris going into the pond. Mac Hay, abutter, read a letter into the record, objecting to the project because he feels it is very detrimental to the
area. Lay stated there is 60,000 feet of upland, there is a pervious driveway, and he doesn’t feel this will be any more detrimental to the neighborhood than Hay’s structure. Terry Gips noted the new owner of the property would have to come back to the Commission with house drawings. Lay stated this would be a modest home at 35’ x 40’. Cyndi Moe moved to continue the hearing to April 1, 2009; (Chet to provide calculations of driveway and house disturbance, and the number of trees to be removed) seconded by John DiBlasio, passed 5-0.
5:50 pm
Thayler, 250 Meadow Ave West, Map 40, Parcel 158, NOI, installation of sandbags and sand drift fencing . The applicant requested a continuation to April 1, 2009. Terry Gips moved to continue to 4/1/09; seconded by Cyndi Moe; passed 5-0.
5:51 pm
MA Audubon, Amendment to Order of Conditions, oyster reef (Cont’d from 3/04/09). The letter from the Division of Marine Fisheries has not been received as yet. Bob Prescott requested a continuation to 4/1/09. Patrick Winslow moved to continue to 4/1/09; seconded by John DiBlasio; passed 5-0.
5:54 pm
Woods, 150 3rd St., Map 40, Parcel 101, NOI, Installation of sand drift fencing with beach nourishment (Cont’d from 3/4/09). Agent Greenberg stated the Town’s attorney talked with Wood’s attorney. There is an issue with the Natural Heritage being concerned with piping plover and terrapin diamond back turtles. The applicant did not attend the meeting. CityplacePrescott stated the Woods are not ready to do the renourishment required, and MA Audubon stated they would remove the fencing on Audubon property. There was discussion regarding the complexity of the project, fencing, potential storms, and turtle access. Cyndi Moe moved to continue the hearing to May 6, 2009; seconded by John DiBlasio; passed 5-0.
MA Audubon, Lt. Island Rd., Map 40, Parcel 101, NOI, Installation of sand drift fencing and beach nourishment (Cont’d from 3/04/09). Cyndi Moe moved to continue to May 6, 2009; seconded by John DiBlasio; passed 5-0.
Cyndi Moe moved to adjourn at 6:15 pm; seconded by John DiBlasio; passed 5-0.
Respectfully submitted,
Christine A. Bates, Committee Secretary
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