Minutes of Conservation Commission Public Meeting
Date: December 16, 2009
Time: 4:00 pm
Location: Town Hall Hearing Room
Commissioners Present: Co-Chair Ginie Page, Co-Chair Terry Gips, Patrick Winslow, Trudy Vermehren, John DiBlasio, Lauren McKean and Ed Simpson.
Staff Present: Agent Hillary Greenberg-Lemos, Assistant Agent Andrew Petty, and Christine Bates, Committee Secretary
4:00 - Business Meeting & Conservation Agent's Report
Co-Chair Ginie Page opened the business meeting at 4:00 pm.
Chris Wickson of East Cape Engineering represented the Wellfleet Market and explained the business is in transition with ownership. He stated the extension for the septic system work expires January 8, 2009 and he requested an extension to April 15, 2010 which coincides with the Board of Health’s extension. He stated there is a weekly septic inspection and the system is monitored closely. He stated the system has been pumped twice since November 2009 and there has been no overflow at any inspection or pumping. The new system is designed and has permits in place and now requires construction. The Commission had a discussion on timelines for installation and Wickson stated he has little control over the sale of the property. Wickson suggested East Cape come to the Commission
meetings and give updates of the activities. John DiBlasio moved to have a report every Commission meeting; no second. Terry Gips moved to have a representative for 295 Main Street attend all scheduled meetings and provide an update of any progress in the septic installation; seconded by John DiBlasio; passed 7-0. Terry Gips moved to grant an extension to April 7, 2010 with conditions; seconded by Trudy Vermehren; passed 7-0. Conditions: parts to be ordered by March 30, 2010; representative to attend all commission meetings between January and April to report progress.
Peter Markunas of Woods Hole Group, who has been working on evaluating Wellfleet beaches, sediment movements, and evaluation for the potential of placing nourishment for ongoing projects, reported he will provide an outline of the final report within the next few days and present the final report by the end of January 2010. Peter stated Woods Hole Group would be happy to make a presentation to the public. The report will also be placed on the Town website.
Jurisdictional Opinions:
Moby Dick’s, Rte 6, construct a timber framed shed roof overhang to replace an existing cloth canopy. Terry Gips moved to ask the applicant to supply details about the number of posts and details on the footings; seconded by John DiBlaio; passed 7-0.
255 State Hwy, Oak tree growing over dwelling, the owners would like to remove the tree. Trudy Vermehren moved to approve the Jurisdictional Opinion; seconded by Terry Gips; passed 6-1.
Bistro 15 Le Count Hollow Rd., removal of two locust trees. Terry Gips moved to approve the Jurisdictional Opinion; seconded by Ed Simpson; passed 7-0.
Public Hearings
5:05 pm
Maxson, Map 19, Parcel 102, 915 Chequessett Neck Rd., Certificate of Compliance. A site visit was made and the area has been revegetated. John DiBlasio moved to approve the Certificate of Compliance; seconded by Pat Winslow; passed 6-0.
5:07 pm
MacGibbon, Map 14, Parcel 8, 354 Main St., Certificate of Compliance. A Site visit was made and it was noted the silt fencing needs to be removed. John DiBlasio moved to approve the Certificate of Compliance; seconded by Ed Simpson; passed 7-0.
5:09 pm
Holmes, Map 12, Parcel 16, 155 Samoset Ave., RDA, Add 24” border to side of existing patio. Laurie Holmes stated she would like additional room to place a new picnic table. John DiBlasio moved to identify this RDA as a Negative 3; seconded by Terry Gips; passed 7-0.
5:13 pm
Bunnell and Zahner, Map 35, Parcel 10, 56 Beach St., NOI, add decks with screens, screen outdoor shower, repair ramp and path, replace and add steps, reroute existing wooden walkway, re-stone parking area. Chet Lay represented the applicant and gave an overview of the project. He stated all the work will be done by hand, there will be no machinery involved with the project, and the boardwalk sections will overlap. This is not in the primary endangered species habitat area. Andrew Petty questioned if they would be willing to give up one of the boardwalks. It was noted the parking area is on Town property. Petty wanted clarification on use of the Town property and requested written communication between the Town and the owner. Chet Lay stated the request to re-gravel a portion of
the parking lot on Town property will be removed from the application. The Commission wanted the amount of disturbed area identified within the 50 foot zone as well as total site coverage. The retaining wall on the southwest side of the house will not be rebuilt. Trudy Vermehren moved to continue to January 6, 2010; seconded by Ed Simpson; passed 6-0 and one abstention. The Commission requested additional information regarding the parking lot, west boardwalk, calculations of disturbance, clarification on the air conditioning unit, garden ties and if the brick steps from parking lot will be replaced.
5:43 pm
Lockwood, Map 22, Parcel 8.1, 110 Sandpiper Hill, NOI, remove and replace single family dwelling. Patrick Winslow recused himself from the hearing. Emily Beebe represented the applicant and gave an overview of the project. The proposal is to remove the dwelling and replace it, all within the buffer zones. Beebe stated the disturbance within the buffer zones will be under 5,000 square feet. She stated no deconstruction would take place if the winds are higher than 30 mph. The soil will be removed from the site and returned after the foundation is in place. Construction will take place in the fall of 2010. Agent Greenberg-Lemos stated there is an outstanding issue with the Order of Conditions regarding an annual survey of the beach and recommended Lockwood have
another survey performed and to understand that this is an ongoing condition. Beebe stated the beach grass previously planted is growing well and she discussed the proposed landscaping plan. Beebe stated there is no requirement to go before the zoning board because everything is within the proper setbacks. Beebe stated this project will not destabilize the coastal bank. Agent Greenberg-Lemos requested additional information regarding the existing and proposed disturbance within the 50 foot buffer zone. This would be considered new construction within the 50’ buffer zone. Ellen Leander, abutter, read a statement that she opposes the project because it is too large and will alter the view and neighborhood. There were no alternative designs of the house presented to the Commission and said they would like to see less work within the 50 foot buffer zone. Peter Caheen stated additional designs were considered and he took into
consideration the impacts of the design. The commission requested the following information: amount of coverage within the 50’ buffer zone, the function of the land itself, and details of the boardwalk and shower. John DiBlasio moved to continue to January 16, 2010; seconded by Terry Gips; passed 6-0.
6:22 pm
Kratky (Cont’d from December 2, RDA) construct new deck. Larry Luczynski from Timberline Builders stated the proposed design of the deck will stop people from going on the beach grass. The stairs on the water side will be eliminated and the new access for the deck will be through the house or from the north side of the house. There will be a maximum of six sono tubes. The Commission recommended planting beach grass in the front where there is already disturbance as well as grass under the decking. Terry Gips moved to approve the RDA and identified it as a Negative 3; seconded by Trudy Vermehren; passed 6-1.
6:34 pm
Collins Cont’d) Don Monroe represented the applicant and reported that the letter from Natural Heritage stated they approved the work as long as the work will be outside of April 1 to August 31. The free-standing deck will be removed from the resource area and any new deck construction will be within the existing house and deck footprint. Patrick Winslow moved to approve the NOI; seconded by Ed Simpson; passed 7-0 with conditions.
John DiBlasio moved to approve the November 4, 2009 meeting minutes as amended; seconded by Terry Gips; passed 6-0.
Terry Gips moved to approve the amended meeting minutes of 11/18/09; seconded by Ed Simpson; passed 6-0.
Trudy Vermehren moved to accept the 12/2/09 meeting minutes as presented; seconded by Ed Simpson; passed 7-0.
John DiBlasio moved to adjourn at 6:50 pm seconded by Terry Gips, passed 7-0.
Respectfully submitted,
Christine A. Bates, Committee Secretary
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