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Cons Comm Minutes 10/21/09
Minutes of Conservation Commission Public Meeting

Date:        October 21, 2009
Time:           4:00 pm
Location:       Town Hall Hearing Room

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

4:00 - Business Meeting & Conservation Agent's Report
Carter Fahy of EPG made a presentation on the repaving of Lt. Island Road which is a Warrant Article scheduled for the Special Town Meeting to be held on October 26, 2009.  He identified where the storm drains would be located, and how they related to the ACEC.  He stated the road was constructed in 1962, provides access for 225 households, and has had only minor patch repairs over the years.  He stated there is approximately one crack per 50 feet.  The estimate to rebuild the road is approximately $1.3 million, $800,000 to come from the Town and up to $500,000  from the STRAP grant.  Fey stated there are eight priority roads that require paving within the next five years.  STRAP grants are run by the State and the money is not released until the Town approves the cost of their portion of the construction.  They will use MA highway approved receptors for the storm water drains.  Andrew Petty stated the project will have to come back before the Conservation Commission before work can take place.  Fahy stated they have to make it attractive to STRAP which includes safety factors for pedestrians and create a link to the Cape Cod Rail trail across Route 6.  Petty questioned the installation of guard rails and Fahy stated they would meet the rural guardrail requirements and standards.  Mark Vincent, Director of DPW, stated the lower cost estimates for the other roads are because they would be just repaving, while the reconstruction of Lt. Island includes a total rebuild, including storm water drains. Petty commented that the repaving of those roads would also have to come to the Conservation Commission and meet wetlands and environmental regulations.  Peter Hall commented that he opposes making the road wider which could increase the speed of motorists and expressed concern with bikes crossing Route 6.  Don Thimas stated he has mixed feelings: he does not see a need to make it easier to drive faster and believes that the road could last further into the future.  But he is concerned about water quality and runoff.  He wondered if DEP could provide funding for the drains rather than rebuilding the entire road; he is concerned about the cost to taxpayers.  Mark Vincent stated that both issues are important and feels the lateral cracks in the road will be beyond the point of recovery.  Thomas Peters, who lives on addressStreetLt. Island Road, doesn’t feel the proposed system will reduce the overall volume of storm water.  Fahy provided an overview of how the receptors perform.  Don Thimas questioned if the number of drains could increase to reduce storm drainage on individual properties.  Fahy stated the state likes to grade the road so all the water doesn’t drain into the storm water drains but rather runs off laterally over large areas.  There was discussion regarding DEP’s and MA Highway’s best management practices.  There is a possibility that the actual design may be cheaper than what is being presented, and the possible grant money would still remain at $500,000.  Town Administrator Paul Sieloff stated the Town  will have some answers after the Town Meeting and feels this is an opportunity because the costs would be much higher several years down the road, and the reconstruction would resolve the environmental issues in the area.        

Christo, 62 E Street, Map 40, Parcel 28, Certificate of Compliance.   Andrew Petty stated the project is complete and meets all required standards.  Patrick Winslow moved to approve the Certificate of Compliance; seconded by Terry Gips; passed 5-0.  

Jurisdictional Opinions:

·       125 Meadow View Rd, Septic upgrade, would like to move the current location of the septic tank outside of the buffer zone.  The leach pit will be filled in and hand trenched.  Ed Simpson moved to approve the Jurisdictional Opinion; seconded by Patrick Winslow; passed 5-0.

·       140 Fox Island Road, remove 3 dead pine trees and remove 3 smaller trees.  The trees would be taken off site and burned.  Terry Gips moved to approve the Jurisdictional Opinion; seconded by Ed Simpson; passed 4-1.

·       325 Paine Hollow Rd, remove one tree that is infected with beetles, and remove some of the vegetation and other tree debris left over on the property.  John DiBlasio moved to approve the Jurisdictional Opinion; seconded by Terry Gips; passed 5-0.

·       40 Beach St., remove four trees, three of which are hanging over the deck and house, and another is bumping into his house.  The commission determined they would prefer the 4th tree be trimmed.  John DiBlasio moved to remove three (3) trees and leave the 4th; seconded by Ed Simpson; passed 5-0.

Andrew Petty reported the three storm drains located by the CYCC clubhouse would be addressed by Mark Vincent of the DPW.

Ginny Page made a motion to reserve judgment of the Lt. Island Warrant Article; seconded by Terry Gips; passed 5-0.
 

Public Hearings:

5:12 pm
O’Neil, 200 Briar Lane, Map 13, Parcel 114, RDA, Chicken Coop, establish garden and remove bush.  Chet Lay of Slade Assoc. and Mr. O’Neil gave an overview of the project.  There was discussion regarding the manure management plan and the location of the garden which was approved by the Board of Health.  Rebecca Karlen-Dalmas, abutter, stated she is against the location of the garden because it is within a wetland and could affect her property.  Pamela Border, abutter, wanted assurance there would be no rooster and was concerned about the quality of her well water.  The Commission recommended  the owner use compost as fertilizer and avoid chemical fertilizers and pesticides.  Patrick Winslow moved to approve the RDA and identified the project as a Negative 3; seconded by Ed Simpson; passed 4-2.  
     
5:47 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 (Cont’d from 10/7/09).  David Stott and Barbara Boone gave an overview of the new drawings provided.  She stated they will remove six inches of mud from each “pot hole” and place new sod bringing the surface back to the original elevation. The subcontractor will provide compatible sand to be placed under the sod, and soil removed from holes 6, 7 and 8 will be spread out on the practice range.  Boone acknowledged this is a temporary try at aesthetics and will allow players to have better golf shots.  They will continue to seek a long-term solution as the Herring River Project continues and as they receive direction from DEP.  Andrew Petty referred to a letter from the National Park Service in which they gave their approve of the project as long as the applicant realizes it is a temporary fix.  Natural Heritage stated the project meets their performance standards.  John DiBlasio moved to approve the NOI; seconded by Terry Gips; passed 6-0.  Supervisor:  Ginie Page
    
6:08 pm
Neilan, 107 Samoset Ave., Map 28, Parcels 109, NOI, reconstruction of existing revetment (Cont’d from 10/7/09).  Jay Norton of Coastal Engineering represented the applicant and provided an alternative analysis to the Commission.  The revised plan identified the concerns the Commission had expressed at the previous meeting.  Trudy Vermehren moved to approve the NOI; seconded by Terry Gips; passed 6-0.   
Supervisor:  Ed Simpson

6:17 pm
Pyles, NOI, Map 41, Parcel 121, 110 Bayberry Lane, new dwelling (Cont’d from 09/16/09).  The meeting minutes of 7/1/09 were read into the record.  John O’Reilly distributed revised plans identifying a retaining wall to be built which eliminate the need for changing the ground contours and will move the limit of work closer to the dwelling.  No endangered plant species were identified in the report sent to Natural Heritage.  No response from Natural Heritage has yet been received.  Landscaping plans and construction protocol were provided by Peter Coneen.  Changes to the original plan include an egress from the lower level of the dwelling, limited passageways around the garage and elimination of area which might have been used for boat storage.  John Grieb, abutter, requested an opportunity to review the revised plans.  Patrick Winslow moved to continue to 11/18/09; seconded by Trudy Vermehren; passed 6-0.
   
5:00 pm
Collins, 51 9th St., Map 40, Parcel 156, NOI, deck and stairs (Cont’d from 09/16/09).  Don Monroe of Coastal Engineering discussed the access for sand nourishment work along the existing path on 9th Street.  Additional plans will be presented to the Commission.   There was discussion regarding the existing deck on the dune. The Commission was not in favor of any construction on the dune or any increased footprint; they recommended that a 2nd level deck or platform be constructed on top of the existing deck attached the dwelling.  John DiBlasio moved to continue to November 4, 2009; seconded by Terry Gips; passed 6-0.    

Terry Gips moved to adjourn at 6:42 pm; seconded by Trudy Vermehren.; passed 6-0.

Respectfully submitted,

Christine A. Bates, Committee Secretary