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Cons Comm Minutes 06/03/09
Minutes of Conservation Commission Public Meeting

Date:        June 3, 2009
Time:           4:00 pm
Location:       Town Hall Hearing Room

Commissioners Present:  Co-Chair Ginie Page, John DiBlasio, Patrick Winslow and Terry Gips.   
Staff Present:  Agent Hillary Greenberg, Assistant Agent Andrew Petty, and Christine Bates, Committee Secretary

Business Meeting 4:00 pm:
Ginie Page recommended the Commission take one week off during the summer months.  The Commission recommended there be no meeting on August 5, 2009.

Educational materials will be distributed on the “green board” at the Beach Sticker office.  

MAIL:  
·       Pamphlets regarding walking weekend on Cape Cod
·       MACC
·       Cape Cod Conservation Trust regarding Drummers Cove land use management plan,   
·       Letter from Agent Greenberg regarding a drift fence which needs to be removed.

Andrew Petty reported that Catani (166 Pine Point Rd) built decking smaller than permitted.  The handicapped access walkway will be built at a later date.

Andrew Petty looked at the debris by the railroad trestle and will work with the Shellfish Constable to get the debris removed.  

Andrew Petty reported there are two construction vehicles that park on the end of the road by the Blasch property.  There is a pathway and the vehicles are preventing emergency access.  New kite flying boarding/surfing regulations have been posted by the National Park.  The telephone poles have been removed and vehicles are parking on the pull off / sand area.

There was discussion regarding where dogs are allowed on the waterways.  Dogs are not allowed on the bay side.  Dogs are allowed at the National Seashore before 9:00 am and after 5:00 pm during the summer months.  There are conflicting signs in the bay area stating to clean up after your dog and others that state no dogs.  

Griswold Draz requested clarification on the new regulations.  He stated he was representing the National Seashore Homeowners Association.  The concern by the people has to do with the last section (4b) which they interpreted as stating there is no activity allowed other than previously approved Orders of Conditions.  He questioned the boundaries that this would apply to.  Agent Greenberg stated people can come before the Commission with variance requests.  Discussion followed regarding the interpretation of section 4b and Agent Greenberg requested Draz to supply his recommendations for the language and the Commission would take it under consideration.        

Meeting Minutes:  Terry Gips moved to approve the May 6, 2009 as amended; seconded by John DiBlasio; passed 4-0.

Public Hearings 5:00 pm:
5:00 pm
Brown, 75 Haywain Way, Map 8, Parcel 204, Certificate of Compliance.  Agent Greenberg stated this Order of Conditions is from 1995.  The project was completed.  John DiBlasio moved to approve the Certificate of Compliance; seconded by Patrick Winslow; passed 4-0.

5:02 pm
Steiner, 1 Indian Neck Rd., Map 28, Parcel 231, Certificate of Compliance for the dyke on the property.  Gordon Peabody represented the applicant and stated the project is complete to his satisfaction.  Terry Gips moved to issue the Certificate of Compliance; seconded by Patrick Winslow; passed 4-0.      

5:08 pm
Ziering, 115 Way 89, Map 29, Parcel 285, Certificate of Compliance.  No work was done on this project.  The Certificate of Compliance will clear the title.  John DiBlasio moved to issue the Certificate of Compliance; seconded by Terry Gips; passed 4-0.

5:05 pm
Winslow, RDA, Shellfish Grant.  Patrick Winslow requested a continuation to June 17, 2009.

5:05 pm
Austin, RDA, Shellfish Grant.  The applicant requested a continuation to June 17, 2009

5:12 pm
Drew, 80 Second Ave., Map 40, Parcel 131, Amended Order of Conditions (Cont’d from 5/14/09).  David Lajoie represented the applicant and identified the location for the septic and well, as well as the retention wall and egress from the basement.  Bob Prescott of MA Audubon stated he would monitor the property for terrapin turtles and would place a barrier to keep the terrapins out of the work area to allow the construction to continue.  Endangered species has agreed to this work.  Andrew Petty stated the site needs to be cleaned up and suggested planting disturbed areas as soon as possible.  Mrs. Wood stated she and her husband would not want to see a new NOI approved.  Virginia Page told her this is an amended order.  Agent Greenberg stated the nourishment will continue as a condition on the Amended Order.  The Commission requested vegetation be placed at the top of the beach stairs.    Agent Greenberg requested  the client renourish prior to starting the work on the septic system.  David Lajoie stated he has data from  April 2009 and will compare that information with data from 2007/2008 and supply survey information.  Agent Greenberg stated the applicants have to renourish or supply the survey information prior to installing the septic installation work.  Lajoie will ask Bob Prescott to monitor the beach for beach nourishment.  John DiBlasio moved to approve the Amended Order of Conditions; seconded by Terry Gips; passed 4-0.  Supervisor(s):  Agent and Assistant Agent  

timeMinute28Hour175:28 pm
Collins, 51 9th St., Map 40, Parcel 156, NOI, Construct deck and stair (after the fact filing) (Cont’d from 5/20/09).  Terry Gips moved to continue to August 19, 2009 at the request of the applicant; seconded by John DiBlasio; passed 4-0.

5:30 pm
Medeiros, 270 Holbrook Ave, Map 14, Parcel 168, RDA, Septic Upgrade.  Jason Ellis represented the applicant and gave an overview of the project.  There was some discussion regarding the hydrology of the property.  The Goldstein’s, an abutter, asked if the work would affect their property and Jason Ellis stated the septic system will be moved further away from their property.  John DiBlasio identified this as a Negative 3; seconded by Patrick Winslow; passed 4-0.

5:38 pm
Christo, 62 E St, Map 40, Parcel 28, NOI, Septic Upgrade.  Jason Ellis represented the applicant and gave an overview of the project, stating the Board of Health identified the septic as being in failure.  John DiBlasio moved to approve the NOI; seconded by Terry Gips; passed 4-0.  

5:47 pm
Thayler, 250 Meadow Ave West, Map 40, Parcel 158, NOI, installation of sandbags and sand drift fencing (Cont’d from 5/20/09).  A letter was received requesting a continuation to June 17, 2009.  Terry Gips moved to continue to 6/17/09; seconded by John DiBlasio; passed 4-0.

Chequessett Yacht & Country Club, 675 Chequessett Neck Rd., Map 19, Parcel 115, NOI, construct 10’ x 30’ shed (Cont’d from 05/20/09).  At the request of the applicant, Patrick Winslow moved to  continue to June 17, 2009; seconded by Terry Gips; passed 4-0.

** Beach Nourishment, Lt. Island
Agent Greenberg stated Bob Prescott of MA Audubon will get together with the owners of properties and schedule a meeting in July 2009.   

John DiBlasio moved to adjourn at 5:50 pm ; seconded by Terry Gips; passed 4-0.
      
Respectfully submitted,

Christine A. Bates, Committee Secretary