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Cons Comm Minutes 11/19/08
Minutes of Conservation Commission Public Meeting

Date:        November 19, 2008
Time:           4:00 pm
Location:       Town Hall Hearing Room

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

Jurisdictional Opinion:  Matthew Carey, Samoset Ave, redrill well in same location.  The well is not on their property, but there is an easement.  Dottie Dolan moved to approve the Jurisdictional Opinion; seconded by Terry Gips; passed 6-0.

Kathleen Bacon, resident of Masonic Lane, stated there is a parking issue near Uncle Tim’s bridge.  The Selectmen are going to ban parking near the bridge and ask people to park near the former Fire House.  She stated the area on the water side of Commercial Street has eroded and significant damage has been done to the environment from cars parking along Commercial Street near the bridge.  She stated at high tide there is only about 20 inches from the pavement to the water and is concerned with significant flooding. She asked if there improvements could be made to the parking lot and also suggested that the Town Landing requires additional signs. It was noted there is no handicapped parking at Uncle Tim’s Bridge due to the elevation of the bridge.   Petty stated there would be handicapped spaces at the lot and also that the Town would have to come before the Conservation Commission for work to be done on the lot.  Since there is no structure to protect on town property, a revetment cannot be installed.  Petty stated the town has tried educating people who live on Duck Creek not to put debris on the bank.  Discussion turned to the historic oyster shack which a group of residents are trying to preserve and place in an appropriate place near the harbor.  Kathleen recommended placing the oyster shack on the railroad trestle.  She also asked the Commission to look at the erosion at 97 Pine Point where a house has been recently constructed.      

Mail was reviewed which included letters Agent Greenberg wrote, brochures, and information on Wildlife Habitat Grants ($800,000 available).

Ginie stated the National Seashore has a shooting range in Truro that might need to be cleaned up because the water aquifer runs into Wellfleet.  

Meeting Minutes:  Dottie Dolan moved to approve the September 3, 2008 meeting minutes as amended; seconded by John DiBlasio; passed 6-0.

Cyndi Moe moved to approve to approve the September 17, 2008 meeting minutes as amended; seconded by John DiBlasio; passed 6-0.

Cyndi Moe moved to approve the October 1, 2008 meeting minutes as amended; seconded by Patrick Winslow; passed 5--0.

John DiBlasio moved to approve the October 15, 2008 meeting minutes as amended; seconded by Cyndi Moe: passed 6-0.
 
Public Hearings 5:00 pm:
5:04  Sanders, 1100 Blackfish Lane, Map 30, Parcel 105:  Certificate of Compliance. (this was inadvertently added to the agenda, the Certificate of Compliance was previously granted.  

5:05 pm  Brand, 344 King Phillip Rd., Map 35, Parcel 178, NOI, new timber and stone stairway and new plantings (Cont’d from 10/15/08).  Emily Beebe represented the applicant and stated MESA did not have to review the paperwork.  She stated there will be an open rail fence on the property line to accommodate habitat.  Beebe will provide a new plan identifying the fence.  Dottie Dolan moved to approve the NOI with a revised plan date of 11/19/08; seconded by Patrick Winslow; passed 6-0.
5:12 pm  Wenick, 120 Aunt Sarah’s Way, Map 42, Parcel 60, NOI, addition with porch.  Meeting minutes of 10/15/08 were read into the record.  Gordon Peabody represented the applicant and stated the paperwork from MESA and DEP were received.  The decking plan has been reduced in size and will only have two posts installed instead of the original four; a planting plan was described as well as the limited topping of trees for solar energy.  The Commission expressed concern that the work is still within the buffer zone and the decking and sitting room was not reduced as anticipated.  Peabody stated there will be approximately 306 square feet of impact to the resource area.  Peabody stated there are approximately four trees that would be impacted by the solar energy.  Dottie Dolan moved to approve the NOI with a revised plan of 11/19/08; seconded by Patrick Winslow; vote 3-3.    After further discussion, Mr. Wenick agreed to reduce the size of the decking, and John DiBlasio moved to rescind the original motion; seconded by Dottie Dolan; passed 6-0.  Dottie Dolan moved to approve the Wenick plan with the reduction of the decking made in the configuration as discussed at the hearing on 11/19/08; seconded by PersonNameTerry Gips; passed 6-0.   Supervisor:  Terry Gips  

6:00 pm  Vulliet, 65 Samoset Ave,, Map 28, Parcel 116, NOI, septic upgrade, construct sunroom, 2 car garage, front porch, rear deck and foundation repairs.  Meeting minutes of 11/05/08 were read into the record.  Matt Farrell represented the applicant and Mr. Vulliet came to the table.  Farrell stated the garage was reduced in size and moved two feet closer to the road, as was the sunroom.  The foundation of the house was elevated, reducing the amount of excavation required.  The leach field was reduced in size and there is an increased mitigation planting plan.  The deck was removed from the west side of the house.   Mr. Vulliet gave a history of the property and how his family has owned the dwelling since the 1950’s.  He wants to live here year round and will require a garage and full basement.  The driveway will be crushed shell.  Terry Gips moved to approve the NOI, seconded by John DiBlasio; passed 6-0.  Supervisor:  Ginie Page      

6:15 pm  Kohn, 26 Way 100,  Map 18, Parcel 3, NOI, remove structure and replace with new dwelling out of the buffer zone.  Matt Farrell of  O’Reilly and Associates stated paperwork from DEP and Natural Heritage had been received.  The meeting minutes of 10/17/08 were read into the record.  Farrell stated revegetation would be beach grass and the driveway will remain except for the portion in the buffer zone.  The National Seashore letter was read into the record.  Terry Gips moved to approve the NOI with revised plan dated 10/23/08; seconded by John DiBlasio; passed 6-0.  Supervisor:  Ginie Page

6:30  pm  Schiffrin, 174 Samoset Ave., Map 28, Parcel 89, NOI, remove 2 single dwellings and construct a 2-family dwelling (Cont’d from 11/05/08).  At the applicants request to continue to 12/3/08, Terry Gips moved to continue to 12/3/08; seconded by Cyndi Moe; passed 6-0.

6:32 pm Hay, 91 and 95 Commercial St., Map 21, Parcels 129 and 128, NOI, septic upgrade and replace walk-in cooler (Cont’d from 11/05/08).  Patrick Winslow recused himself.  Emily Beebe represented the applicant and provided a revised construction protocol of 11/19/08.  Beebe stated DEP did not have a problem with having one filing for two properties.  Beebe stated the storm water standards needed to be addressed.  Jim Mahala stated because there was no net change to the parking lot, there were no storm water issues.  The walk-in cooler will be placed on a slab supported by sono tubes which will be dug by hand instead of a frost wall which would have been four feet deep.  Ginie Page read the 10/15/08 meeting minutes.  The project has been approved by the Board of Health. Dottie Dolan moved to approve the NOI, with revised construction protocol dated 11/19/08; seconded by John DiBlasio; passed 5-0.  Supervisor(s)  Dottie Dolan and Health Agents

6:47 pm placeKew, 82 Wiles Lane, Map 16, Parcel 631, NOI, Install wood stairs to beach (Cont’d from 11/05/08).  Ginie Page read the meeting minutes of 11/5/08.  Don Poole and Mr. Kew came to the table.  Poole stated the path was moved slightly to a new location.  The Commission recommended using 4” x 4” wooden posts for the elevated stairs, not sono tubes.  The Commission requested that the vegetation be left under the stairs.  Terry Gips moved to approve the NOI; seconded by Dottie Dolan; passed 5-1. Supervisor:  Ginie Page

7:06 pm Sayre, 111 Wiles Lane, Map 16, Parcel 629, NOI, Install wood stairs to beach (Cont’d from 11/05/08).  Ginie Page read the meeting minutes of 11/5/08.  Don Poole stated there had been washouts in the pathway we the Commission had suggested as an alternative route to the beach; therefore, the owner wants to stay with his original proposal and install wood stairs to the beach.  Poole said that due to location of trees on the property, the design requires a straight path to the beach.  The Commission requested using 4’ x 4’ wood for the elevated stairs, not sono tubes.  Dottie Dolan moved to approve the NOI; seconded by Terry Gips; passed 5-1.  Supervisor:  Ginie Page.  

Ginie Page moved to adjourn at 7:15 pm; seconded by Patrick Winslow; passed 6-0.    

Respectfully submitted,


Christine A. Bates, Committee Secretary