Minutes of Conservation Commission Public Meeting
Date: July 1, 2009
Time: 4:00 pm
Location: Town Hall Hearing Room
Commissioners Present: Co-Chair Ginie Page, John DiBlasio, Patrick Winslow, Terry Gips and Ed Simpson.
Staff Present: Agent Hillary Greenberg, Assistant Agent Andrew Petty, and Christine Bates, Committee Secretary
4:00 - Business Meeting & Conservation Agent's Report
The Commission welcomed Ed Simpson as a new commissioner.
John DiBlasio moved to approve the meeting minutes of 6/17/09 as amended; seconded by Terry Gips; passed 4-0.
MAIL: MACC newsletter, 40B housing information, US Mass Ext. Quarterly regarding winter moth
Jurisdictional Opinion:
Juno PlaceTypeBeach, LLC, Samoset Ave., beach stairs with one to one replacement. The applicant will submit an NOI. A plan and work description was submitted as requested. Terry Gips moved to approve the Jurisdictional Opinion; seconded by John DiBlasio; passed 5-0.
Betty Balch, 250 Commercial St., remove the bittersweet vines and install crushed shells and plant ornamental grasses and wild flowers; pull invasive fragmites around the sign and plant flowers at base of business sign. Patrick Winslow moved to approve the Jurisdictional Opinion; seconded by Terry Gips; passed 5-0.
A letter from Bob Prescott of MA Audubon was read regarding the Thayler NOI. He stated the plovers are active in front of the property. The Thayler hearing is continued to 7/15/09.
Task 1 of the study from Woods Hole Group – Agent Greenberg requested the Commission review and make comments regarding the study by the next meeting.
E-mail from Tony Sager, resident in the National Seashore, commenting on the ACEC regulations.
A request for a Certificate of Compliance for Millett (Clam Shack built in 1986). John DiBlasio moved to approve the Certificate of Compliance; seconded by Patrick Winslow; passed 5-0.
Agent Greenberg stated Don Monroe met with people from Lt. Island regarding renourishment of revetments and he would like to come to the August 2009 meeting.
Barbara Gray stated she is concerned about clear cutting in and out of the resource area. Andrew Petty stated NHESP (Natural Heritage) reviews site plans before granting or denying permits for clear cutting, due to the turtles, etc. Gray wondered if we should have Town regulations re: clear cutting and if such a plan were drawn up, would it have to be presented at a Town Meeting. The questions of who should develop such a proposal and who would review applicants: Planning Board and/or Conservation Commission. Gray is also concerned with invasive species being planted within the Town. Petty stated landscaping nurseries can still sell their stock of invasive species. Petty recommended inviting Seth Wilkinson to speak at any group she is involved with regarding the invasive species.
UV Safety Month – Andrew Petty will supply sun screen informational material at the beach sticker office.
Water testing is being performed weekly. Mayo Beach was closed one day this week.
5:00 pm
ACEC Flood Zone Regulation Discussion. The Commission requested comments from the audience. Agent Greenberg stated the Commission has not yet received comments from Town Counsel or the State Association of Conservation Commission. Griswold Draz asked about the performance standards and wanted to know if the ACEC regulations are different from the Wetlands Protection Act. He recommends simplifying the definition of buffer zones by stating it will include an additional 50 feet. Tony Sager, homeowner within the National Seashore, stated by dropping section B, the revised regulation would be easier to understand. He provided examples of the phrase “buffer zone” in several sections that were confusing. Agent Greenberg stated the Bylaws will have to be amended
to include the ACEC. Sager would like to see a map online. Agent Greenberg stated it is very expensive to update information on a regular basis and the maps we are using are from 2005. Draz stated he would supply in writing his recommendations.
5:25 pm
Winslow, RDA, Shellfish Grant (Cont’d from 6/17/09). Patrick Winslow recused himself from the hearing. The Austin RDA Shellfish Grant hearing was heard along with Winslow’s. Both grants are located in Black Fish Creek, with access from Omaha Road, although they are considered Indian Neck grants. Materials recommended by the Army Corp will be used and all materials will be removed in the fall prior to ice. John DiBlasio moved to identify this as a Negative 2; seconded by Terry Gips; passed 4-0.
Austin, RDA, Shellfish Grant (Cont’d from 6/17/09). John DiBlasio moved to identify this as a Negative 2; seconded by Terry Gips, passed 4-0.
5:34 pm
Ferris, Map 40, Parcel 8, 1005 3rd Ave., Certificate of Compliance. This will be heard on July 15, 2009.
LaPoint, RDA, Aquaculture grant – grant extension. Patrick Winslow recused himself. LaPoint has not received notification from the Army Corp. Terry Gips moved to continue to 7/15/09; seconded by John DiBlasio; passed 4-0.
5:38 pm
Ziering, Map 29, Parcel 285, 115 Way #89, NOI, addition to dwelling. Ziering gave an overview of the project stating it will add 185 square feet. The retaining wall will be concrete blocks. John DiBlasio moved to approve the NOI; seconded by Terry Gips; passed 5-0 with conditions. Supervisor: Terry Gips
5:48 pm
Rolbein, Map 15, Parcel 120, 50 Higgins Lane, NOI, septic upgrade, new well and improvement to driveway. David Little represented Mr. Rolbein and co-applicant Ellen Lebow and gave an overview of the project, noting that the driveway will have be hardened with pervious materials such as shell. The commission recommended using temporary metal plates in the marsh section of the driveway during construction. Little stated he would like to make the improvements to the driveway after the installation of the septic and well. Agent Greenberg suggested having a commissioner, an agent and the applicant review the potential materials used for the driveway after the installation of septic and well. Terry Gips moved to approve the NOI; seconded by John DiBlaio; passed 5-0. Supervisor: Ginie Page and Conservation Agent.
6:10 pm
Thayler, 250 Meadow Ave West, Map 40, Parcel 158, NOI, installation of sandbags and sand drift fencing (Cont’d from 6/17/09). At the request of the applicant, John DiBlasio moved to continue to 7/15/09; seconded by Terry Gips; passed 5-0.
John DiBlasio moved to adjourn at 6:13 pm; seconded Terry Gips; passed 5-0.
Respectfully submitted,
Christine A. Bates, Committee Secretary
| 