Minutes of Conservation Commission Public Meeting
Date: November 5, 2008
Time: 4:00 pm
Location: Town Hall Hearing Room
Commissioners Present: Co-Chair Ed Reynolds, Co-Chair Ginie Page, Patrick Winslow, Cyndi Moe, Terry Gips and John DiBlasio.
Staff Present: Agent Hillary Greenberg, Assistant Agent Andrew Petty, and Christine Bates, Committee Secretary
Regrets: Dottie Dolan
4:00 - Business Meeting & Conservation Agent's Report
Co-Chair Ed Reynolds opened the meeting at 4:01 pm.
The mail folder was reviewed.
John Glaze of 625 Old Wharf Road came before the Commission to discuss placing a flat deck on the northwest side of the property within the 50 foot buffer zone. The Commission expressed concern with disturbing the vegetation. Glaze stated that if he raised the decking up 18” in height with planks 1” apart, sunlight and water would reach the vegetation. The Commission stated they would like to make a site visit.
Jurisdictional Opinion: John Belko, 290 Blue Heron Rd., 42, 123: construct 8’ x 10’ shed within coastal bank and the river front (after the fact). Cyndi Moe stated the dwelling is small and the people need a shed for storage. John DiBlasio felt the Commission should fine them and then approve. Terry Gips moved to approve the shed as built and sited; seconded by Cyndi Moe; passed 5-1.
Compact of Cape Cod Conservation Trust:
1) Conservation restrictions for 50 Steele Road, (CityplaceBartlett property) within the National Seashore and within the ACEC. 1.51 acres of upland. Cyndi Moe moved to approve the restriction in the public interest; seconded by Terry Gips; passed 6-0.
2) Jenks/Hurwitz property on Boundbrook Island located within the National Seashore and within the ACEC. Total of 8.032 acres, which includes 3 acres for the building envelope. Ginie Page moved to approve the Conservation Restriction; seconded by Cyndi Moe; passed 6-0.
3) 0.45 acres at 470 Lt. Island Rd, critical plant habitat, endangered species, within the
ACEC, over 200’ of frontage on the road. Terry Gips moved to approve the Conservation Restriction; seconded by John DiBlasio; passed 6-0.
Ginie thanked Andrew Petty for clearing the Bayberry Hill Trail.
Agent Greenberg read a letter from Kevin Coady of 36 Old Pier Rd, complaining about trenching and digging on his property by his abutter, Mr. Hess. Electrical wires were buried as well as tree and bush cutting without his permission. All the work was within the 100 foot buffer zone. Mr. Hess was before the court and received probation; however, there was no restitution for Coady. The police had been informed about the cutting of trees, but never notified the Conservation Commission. The Commission felt a fine was in order for Mr. Hess.
Ginie Page stated she was informed there are several golf holes under water at the Chequessett Yacht and Country Club and was asked if more water had been released from the dyke at Herring River. Agent Greenberg stated there has not been any man-made release of water. Agent Greenberg stated a negotiator will have to be brought in to resolve issues between the Country Club and the Herring River Restoration Commission.
Katlyn Siddell from East Cape Engineering informed the Commission the plans approved for 250 Gull Pond Road had been slightly revised after going to the ZBA. Ginie Page moved to accept the changes in the driveway at 250 Gull Pond Road with no further conditions; seconded by Cyndi Moe; passed 6-0.
Certificate of Compliance: Sanders, 1100 Black Fish Lane, septic system upgrade. Ginie Page moved to approve the Certificate of Compliance; seconded by Cyndi Moe; passed 6-0.
Public Hearings 5:00 pm:
5:00 pm
Brown/Belko, 290 Blue Heron Road, Map 42, Parcel 123, Certificate of Compliance. Katlyn Siddell of East Cape Engineering, stated the wood patio was removed as requested, leaving a small portion for a landing, and shells were placed on the ground, along with a small split rail fence. The grading was returned to the original grade. Ginie Page moved to approve the Certificate of Compliance; seconded by Terry Gips; passed 5-1.
5:04
Black, 85 Chequessett Bluff Rd., Map 19, Parcel 138, Certificate of Compliance. Ginie Page made a site visit and stated the work was done. Cyndi Moe moved to approve the Certificate of Compliance; seconded by Patrick Winslow; passed 6-0.
5:06 pm
Santos Lord, 121 Indian Neck Rd., Map 28, Parcel 138, NOI, Construct 2nd story and septic upgrade (Cont’d from 10/15/08). Stephanie Sequin stated the revised plan identifies the ACEC and building plans were also provided for the Commission. Terry Gips moved to approve the NOI; seconded by John DiBlasio; passed 6-0. Supervisor(s) Conservation Agents.
5:13
Schiffrin, 174 Samoset Ave., Map 28, Parcel 89, NOI, remove 2 single dwellings and construct a 2-family dwelling. Stephanie Sequin of Ryder and Wilcox Engineering, gave an overview of the project, stating there are currently 2 individual dwellings on the property. She stated a RDA was approved for the septic system upgrade in May 2008. The property is within the flood zone and within the ACEC. Sequin stated the new duplex dwelling will be connected with a screen porch, and will be one structure. The building will be constructed within the building codes for the flood zone. She stated the demolition debris will be contained and removed from the site. She stated the porch and 2nd floor deck that joins the two dwellings will be on sonotubes. A letter
from abutter Ruocco objected to the project. Abutter Estelle Castelles stated this does not affect her view, but was concerned with parking areas and keeping the area clean. Sequin gave an overview of the pilings, breakout panels and sonotube construction. Cyndi Moe expressed concern about floodwater and how it would impact the abutters. Agent Greenberg requested a demolition construction protocol, a plan identifying the parking area and walkways, details on the foundation plan with notes, gutter and downspout locations, a vegetation plan, and floor plans. Terry Gips moved to continue to 11/19/08; seconded by Ginie Page; passed 6-0.
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timeMinute44Hour175:44 pm
Hay, 91 and 95 Commercial St., Map 21, Parcels 129 and 128, NOI, septic upgrade and replace walk in cooler (Cont’d from 10/15/08). Emily Beebe requested a continuation to November 19, 2008. John DiBlasio moved to continue to 11/19/08 at the request of the applicant; seconded by Terry Gips;
passed 6-0.
5:45 pm
Malcynsky, 115 Kendrick Ave., Map 10, Parcel 10, RDA, construct screen porch and detached deck (Cont’d from 10/15/08. PersonNameEmily Beebe represented the applicant and stated the proposed stone patio drawn on the plan will not be used and grass will remain. Cyndi Moe expressed concern about the design of the stairs as well as about additional coverage of grass and vegetation. The Commission conditioned the approval with requirements that the outdoor shower be relocated outside of the buffer zone, drywells be installed for gutters, and that there be no stone patio. Terry Gips moved to approve the RDA, identifying the project as a Negative 3; seconded by John DiBlasio; passed 5-1.
5:55 pm
Murphy, 20 Pine Point, Map 15, Parcel 132, NOI, Build Decking (Cont’d from 10/15/08). Chet Lay represented the applicant and stated the decking will be supported on eight 10’ (or is this 10”?) sonotubes. The Commission requested the old cinderblocks be removed from the site. John DiBlasio moved to approve the NOI; seconded by Ginie Page; passed 6-0. Supervisor: Cyndi Moe
6:03 pm
Cape Cod National Seashore, 235 Way #625, Map 16, Parcel 630, RDA, replace deck and access ramp (Cont’d from 10/1/08). Richard Ramos represented the applicant and stated the decking is actually a ramp for assisting handicapped individuals. It will be replaced with recyclable lumber. The project is one-to-one replacement with the exception of a 12’ extension. The work will take place 64 feet from the edge of Long Pond. John DiBlasio moved to identify this project as a Negative 3; seconded by Ginie Page; passed 6-0.
6:10 pm
Wellfleet Preservation Hall, 335 Main St., Map 14, Parcels 4 & 173: RDA, Demolish portion of existing building. Reggie Donoghue from Coastal Engineering gave an overview of the project which consists of removing the rectory section and leaving the church. He stated that the site has been staked and he supplied a narrative and construction protocol. Donoghue stated this was filed as a RDA because the project would not affect the resource area and that there will be no new construction during Phase I. The project came before Town Meeting in order to get bids for the demolition/construction. A NOI will be forthcoming within one to two months. He stated the sediment barriers will be installed prior to any removal of the building. John DiBlasio moved to identify
this project under Negative 3; seconded by Terry Gips; passed 5-1.
6:30 pm
placeKew, 82 Wiles Lane, Map 16, Parcel 631, NOI, Install wood stairs to beach (Cont’d from 10/01/08)
Don Poole of Outermost Landscaping and Dana Kew gave an overview of both projects for Kew and Sayre. Poole stated the current stairs have rotted and require replacement. MESA stated there will be no impact. placePoole stated sonotubes will be used to eliminate further disturbance and revegetation will take place. He stated the current path has tree roots across it and feared there would be damage to the trees if new steps were installed in this location. He also described the liability issue around the existing path since it is on the Kew property and renters at both cottages use it. Petty suggested the Kews use the original path and the Sayre’s use the path with a more gentle grade on their own property. He suggested installing a fence between the two cottages. Kew
stated the family does not want a fence. Kew stated they planned on blocking the path. Agent Greenberg requested they identify the proposed stairs on both properties with stakes; flag all limbs and trees that would be removed; supply a revegetation plan; and provide a deconstruction protocol for the existing path. Once the Commission has this information, they will make another site visit. Cyndi Moe moved to continue to 11/19/08; seconded by Terry Gips; passed 6-0.
6:45 pm
Sayre, 111 Wiles Lane, Map 16, Parcel 629, NOI, Install wood stairs to beach. Gips requested Poole discuss alternative access to the pond because the design is extremely steep. Cyndi Moe moved to continue to 11/19/08; seconded by John DiBlasio; passed 6-0.
Ginie stated the bathrooms were left open at the beaches after the Oyster Fest and the town was left very clean after the Fest.
Terry Gips moved to adjourn at 6:55 pm; seconded by Ginie Page; passed 6-0.
Respectfully submitted,
Christine A. Bates, Committee Secretary
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