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Minutes of Conservation Commission Public Meeting
Date: December 3, 2008
Time: 4:00 pm
Location: Town Hall Hearing Room
Commissioners Present: Co-Chair Ed Reynolds, 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
4:00 - Business Meeting & Conservation Agent's Report
Co-Chair Ed Reynolds opened the meeting at 4:01 pm.
Paula Goldberg from Cape Cod Compact Conservation Trust, an advisor to Wellfleet Conservation Trust, distributed a map which identified a parcel located between Drummers Cove and Old Paine Hollow Road that the Town has an opportunity to purchase through the Compact. The Compact is purchasing the property from the current owner on December 5, 2008. The Town may then purchase the parcel for a total of $100,000 with additional funds from the Conservation Trust and state grant money. Denny O’Connell, representing the Wellfleet Conservation Trust, was also present at the meeting and stated this process is similar to the one used to acquire the Whalebone Point tract. He also indicated that there would be an application for CPA funds, some of which are earmarked for open space. Agent Greenberg
stated this parcel would complete the trail around Drummers Cove and there is already an area for parking. Goldberg stated she feels the state will provide grant money for this because it has a trail component. The property purchase will come before Town Meeting in April. A conservation restriction would be written up after receiving the grant money. She stated the Trust will pay for the appraisal, closing costs, and the time involved with writing the grant, processing the paperwork, etc. Agent Greenberg agreed to write a letter to the CPC stating the Conservation Commission supported the project. Ginie Page moved to endorse and support the Pinto property for future Conservation Restrictions; seconded by John DiBlasio; passed 7-0.
Jurisdictional Opinion:
· Martha Carrol, 25 Richmond Lane, trenching from Dan Silverman’s woodshed to her septic tank. All the components are outside of the buffer zone. Cyndi Moe moved to approve the Jurisdictional Opinion; seconded by Dottie Dolan; passed 6- 0 with one abstaining.
· Feil, 90 Way #672, flush cut the dead cedar trees and limb a tree that is touching electrical lines. Ginie Page moved to approve the Jurisdictional Opinion; seconded by Patrick Winslow; passed
7-0.
· Fieldpoint property Association, King Phillip Rd (Banner), cut vegetation to clear road vision, place boulder where there is proof of people driving across the dune. Dottie Dolan moved to approve the Jurisdictional Opinion; seconded by Cyndi Moe; further discussion followed the motion, suggesting that the proposed cutting be flagged and a site visit made by the Commission Cyndi Moe and Dottie Dolan asked to have their motions rescinded and Agent Greenberg will request that the Association flag the area.
· Sterns, 105 5th Ave (Lt Island), vista prune along the front of the property, remove an oak tree. The Commission recommended doing a site visit.
Mail was reviewed.
Attorney Zehnder spoke to the Commission regarding Map 35, Parcel 26 on PlaceNameplaceOld PlaceTypeWharf which is under the Conservation Commission’s jurisdiction. The Boratko’s, of Map 35, Parcel 9 are possibly interested in acquiring Parcel 26 in order to install a septic system. Zehnder informally discussed a number of options with the Commission to explore general reactions of the members. He stated that one option would be a land swap with the Town in which case some of the other land owners in the area might want to locate a well on the opposite end from Boratko’s septic system. Zehnder stated a letter had been sent to the Selectmen regarding the possible selling of Parcel 26. Such a sale would require that the Commission determine the land is no longer needed for
conservation purposes. The process is complex and would involve not only Commission action, but also Town Meeting and State Legislature approval. Agent Greenberg suggested Zehnder provide the Commission with a site plan showing potential locations for the septic system and the well. The Commission asked if this was a buildable lot. Zehnder stated a deed search would have to be done, but he thought it was very possibly buildable. He also stated that if the Commission was in favor of selling the land, it could put a restriction on the land preventing development. Zehnder stated another option would be to get an easement on Parcel 26. The Commissioners requested lot corners be marked clearly in order for them to make a site visit before Emily Beebe brings in a site plan.
There is a report available for review on the water quality of Gull Pond.
Public Hearings
5:00 pm
Pyles, Bayberry Lane, Map 41, Parcels 121and 122: Request for Extension. There was no representation at the meeting. Terry Gips moved to continue to 12/17/08; seconded by Dottie Dolan; passed 7-0.
5:03 pm
Menegay, 190 Blue Heron Road, Map 41, Parcel 12: Amended Order of Conditions. David Lajoie represented the applicant and gave an overview of the work limit on the water side of the property and on the end where a concrete retaining wall has been completed. Adjacent to this wall, he is proposing to move the work limit out a few feet farther so that steps can be constructed to access the lower side of the building. The applicant also wants to construct a modular block stairway on the opposite end near the compressors, and a walk and low retaining wall on the side of the house toward the street. Lajoie also explained that a concrete slab and some decking had been installed under the cantilevered portion of the building which had not been in the original plan. Part of the slab and a
portion of the deck are within the filter strip. Agent Greenberg recommended the Menegay’s install some native plants as a mitigation. Terry Gips moved to approve the Amended Order of Conditions; seconded by John DiBlasio; passed 7-0 Supervisor: Ed Reynolds
5:15 pm
Risch, 95 Billingsgate Rd., Map 28, Parcel 232: RDA, temporary snow fence. Ellen Cavenaugh, gardener for the property, stated there is a good deal of erosion on the property from the winter winds, and she recommended installing temporary snow fencing to protect the existing vegetation. Cyndi Moe expressed concern that sand would build up artificially due to the fencing, and said the goal is to have sand move naturally. The Commission recommended waiting to see what would happen this winter suggesting that the sand movement may be quite different because of the new revetments and plantings on the abutting property. It was recommended that the application be kept open in the event that erosion becomes a problem during the winter months. They also recommended taking photographs at the
present time and during the winter to present to the Conservation Commission. Cyndi Moe moved to continue this RDA indefinitely; seconded by Terry Gips; passed 7-0.
5:25 pm
Brandt, 385 Bound Brook Way, Map 6, Parcel 324, RDA, Septic upgrade and new well. Emily Beebe represented the applicant, stating the existing cesspool would be removed and a new leaching area would be installed in the driveway. Staked silt fencing will be used, and stockpiled materials will be placed in the driveway. Beebe went before the Truro Board of Health and received approval for the new well, which will be located in the Town of Truro. The easement to the abutter’s property is recorded in the Registry. John DiBlasio identified this as a Negative 3; seconded by Dottie Dolan; passed 7-0.
5:32 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). Hillary Greenberg read the meeting minutes of 11/5/08 and 11/09/08 into the record. Stephanie Sequin of Ryder Wilcox represented the applicant, along with Charles Wentz of Ponderosa Landscaping. New site plans were reviewed which included the silt fencing, notes regarding the enclosed porch, roofing drip lines, and the landscaping plan. Wentz identified the proposed parking area, walkways, patio area, and individual plants. Sequin stated she did not provide a foundation plan because it needed to be done by an engineer and would be very expensive for the applicant if there were subsequent changes. She provided further
details about the project: There would be a concrete slab under the crawl space. The existing foundations for the two buildings are 1,416 and the proposed foundation will be 1,672 square feet. The existing deck area is 320 square feet and the proposed porch and deck will be 422 square feet. The total existing coverage is 1,736 square feet and the proposed coverage is 2,094 square feet. The existing grade will remain the same. Agent Greenberg read a letter from Mr. Ruocco, who objected to the project. A letter from Lezli Rowell of the Board of Health stated the dwelling is in failure because the septic system has not been installed and that until the upgraded system is installed, the Board of Health will not release the deed restrictions. Sequin stated the owners would prefer to do the septic installation, demolition, and new construction all at once to make it easier to access the site. They are also concerned about damaging the new tanks. Agent Greenberg stated the system
has been in failure since 2006 and that the new septic system must be installed and approved by the Board of Health before any new construction is approved. Dottie Dolan moved to approve the revised 11/25/08 plans for the removal and reconstruction of the dwellings; seconded by John DiBlasio; passed 6-1 with conditions: Supervisor: John DiBlasio
Ginie Page moved to adjourn at 6:17 pm; seconded by Cyndi Moe; passed 7-0.
Respectfully submitted,
Christine A. Bates, Committee Secretary
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