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Cons Comm Minutes 10/07/09
Minutes of Conservation Commission Public Meeting

Date:        October 7, 2009
Time:           4:00 pm
Location:       Town Hall Hearing Room

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

4:00 - Business Meeting & Conservation Agent's Report
Ginie Page opened the business meeting at 4:10 pm.  

Hillary Greenberg requested the Commission review the Lt. Island Road reconstruction Warrant Article scheduled for vote at the Special Town Meeting.  The Commission had several questions that needed to be answered before they could make any recommendations which included what the overall estimated cost was, what portion would be funded by the Town, what the design was including details about drains, etc. Agent Greenberg stated she would  forward our questions to the Town Administrator.

Agent Greenberg stated new rules and regulations proposed by the Marina Advisory Board will be discussed at the next Selectmen’s meeting on 10/13/09.   She requested members e-mail the Selectmen stating they support the proposed rules and regulations.  John DiBlasio gave a report on Brent Valli’s barge, stating the barge is anchored securely and is used several times during the year for harvesting oysters and is not doing any damage.  Agent Greenberg questioned if Valli has the right to moor on Town property.  The controversial history of the barge is that Valli did not pay appropriate fees to the Town and the Harbormaster issued several citations.  In response,  Selectmen wrote a letter stating the location of the barge was ok with the Town which ended the legal case.

On October 24, 2009 there will be a MACC conference on enforcements, ticketing, etc. at Wellesley College.  The Commission would like more guidance and information regarding non-criminal citations and potential liens on properties.  

Terry Gips nominated Ginie Page as Co-Chair; Ed Simpson seconded; passed 4-0.  Ed Simpson nominated Terry Gips as Co-Chair; seconded by Ginie Page; passed 4-0.        

5:00 Public Hearings    
5:00 pm
LaPoint, RDA, shellfish grant (Cont’d from 09/16/09).   There has been no response from the Army Corps or from Mr. LaPoint.  John DiBlasio moved to continue indefinitely; seconded by Ed Simpson; passed 5-0.

5:03 pm
Maier, 1015 3rd Ave., Map 40, Parcel 7, Request for Extension.  Terry Gips moved to grant a one year extension; seconded by John DiBlasio; passed 5-0.

5:04 pm
Daphnis, 420 Cove Rd., Map 28, Parcel 26, Request for Extension.  Gary Lock, representing Daphnis, stated the economic downturn has not allowed the applicant to start the project and requested a three year extension.  Trudy Vermehren  moved to approve a three year extension; seconded by John DiBlasio; passed 5-0.  Trudy Vermehren, Supervisor.

5:11 pm
Wenick, 120 Aunt Sarah’s way, Map 42, Parcel 60, Amendment to Order of Conditions.  Agent Greenberg read the meeting minutes from 11/19/08.  Gordon Peabody represented the applicant and requested a modification to the previously approved NOI and conditions.  Due to the economic downturn, reductions in the addition will be made including the relocation of  bulkhead doors being out of the buffer zone, the master bedroom and kitchen will be reduced in size, and the current deck will be rebuilt on the same footprint.  The proposed (larger) deck will remain in the proposal and may be built at a later date.  There was some discussion regarding the clearing or cutting of trees for the solar panels.   Terry Gips moved to approve the amendment to the Order of Conditions; seconded by Trudy Vermehren; passed 5-0.  Existing conditions shall remain in place.  Terry Gips Supervisor.
 
5:30 pm
Chequessett Yacht and Country Club, 680 Chequessett Neck Rd., Map 19, Parcels 115 & 81, NOI, fill in pot holed areas on holes 6, 7, and 8.  David Stott represented the applicant and explained there are several potholes and gave an overview of the repair of them.  There are approximately 20,000 square feet of area that requires repair.  They anticipated between 200 and 230 yards of sand for the repair.  Small equipment will be used.   Agent Greenberg stated a map with elevations was required, as well as where the fill would be put, and questioned if the club was considered commercial (the form was filled out as “other”).  Agent Greenberg advised Mr. Stott that Barbara Boone was to provide an elevation map to the Commission from her last NOI but it has not been received.  Agent Greenberg read a letter from the  National Seashore expressing their concern with approximately ½ acre of impact to wetlands and believe that more effort to minimize and mitigate impacts is needed.  Andrew Petty requested additional information: identifying ground water elevations, where the work is going to occur, drainage locations, limit of work, and proposed finished grade elevation.  Dennis Murphy, abutter,  requested a proposed finished grade elevation, and requested that a water elevation by the dyke be done because he believes the water elevations have risen since 1972 when the dyke was rebuilt.   Abutter cards, DEP and Natural Heritage responses have not been received.  Terry Gips moved to continue to 10/21/09; seconded by Trudy Vermehren; passed 5-0.
      
6:03 pm
Neilan, 107 Samoset Ave., Map 28, Parcels 109, NOI, reconstruction of existing revetment.  Jay Norton from Coastal Engineering represented the applicant and gave an overview of the project.  The seawall is in disrepair and they want to remove the existing concrete wall, and rebuild with a rock revetment.  Agent Greenberg requested an alternative analysis as well as a revised plan, identifying the property lines, line to identify where the coastal bank starts, a drawing showing the rocks at property lines, a nourishment plan, and a note on the plan for an option to have a survey performed each year.  Ed Simpson moved to continue to 10/21/09; seconded by Terry Gips; passed 5-0.

Business Cont’d

John DiBlasio reported on his effort to draft regulations for small watercraft using beaches and landings in Wellfleet.  He recommended each kayak/canoe/tender have a $10.00 permit/sticker  fee for non-residents and a $5.00 permit/sticker fee for residents.  The licenses would be sold at the beach sticker/harbor offices.  The application form would require name, address, phone, etc., identifying make and color of vessel.  An informational letter would need to be distributed prior identifying the town-owned land/parking lots, where such permits would be required.  All vessels would have to removed from town property by October; if not, the town would take ownership of the vessel and possibly auction it off.  The Commission discussed the need to inform the public of the new permits by placing articles in the newspaper and website, and determine who will monitor the program.  The Commission felt MA Audubon might want to be involved in the program as well,due to the number of vessels being left on their property on Lt. Island  The Commission will offer an amendment to the marina’s regulations to incorporate a fee/sticker program.  

John DiBlasio moved to approve the 9/16/09 minutes as amended; seconded by Terry Gips; passed 5-0.   

Terry Gips moved to adjourn at 6:55 pm; seconded by Trudy Vermehren; passed 5-0.

Respectfully submitted,

Christine A. Bates, Committee Secretary