Minutes of Conservation Commission Public Meeting
Date: February 3, 2010
Time: 4:00 pm
Location: Town Hall Hearing Room
Commissioners Present: Co-Chair Ginie Page, Co-Chair Terry Gips, Lauren McKean, Ed Simpson and John DiBlasio.
Staff Present: Agent Hillary Greenberg-Lemos, Andrew Petty and Christine Bates
Regrets: Patrick Winslow and Trudy Vermehren
4:00 - Business Meeting & Conservation Agent's Report
Co-Chair Terry Gips opened the Business meeting at 4:00 pm.
Andy Koch, Shellfish Warden, and Lt. Ron Fissette of the Police Dept came to the table to discuss enforcement of shell fishermen parking and trespassing on private property. Fissette stated there are trespassing laws in MA and that the Police Department tries to mitigate the problem first prior to any enforcement. He stated one problem is identifying the boundaries of the properties. If a person were to be arrested and goes to court, someone has to testify where the boundary lines of properties are located. Koch reiterated the problem with identifying property lines. He referred to the Colonial law which states people can utilize private property for fishing. It is not clear if vehicles are included in the law even though trucks may be essential to their livelihood. Fissette
stated if trespassers do not respond to the request to leave private property, they could be issued a summons and then the court may see the matter as civil or criminal. He stated the mechanism of burden of proof is difficult. Fissette stated if the Police received a call regarding trespass or parking, they would need to identify the driver and the location. Koch can issue a citation for vehicles driving on beach grass as well as those not having a grant license or commercial license. Attorney Ben Zehnder stated private property and town-owned property has to be defined and that Koch should not be involved in private disputes. He recommended changing the wetland protection bylaws and shellfish regulations, defining what activities are allowed within the wetlands; allowing the Conservation Agents to issue citations. Zehnder recommended the Conservation Trust develop a policy on trespass issues. Further recommendations were to place
boulders to block vehicles; install snow fencing and plant beach grass in the areas; and asking the Selectmen to identify specific parking areas.
Chris Wickson of East Cape Engineering reported the Wellfleet Market has begun formal purchase agreements.
Attorney Ben Zehnder and Emily Beebe discussed the Boratko property. The Boratko’s require a new septic and well and they would like to request an easement from the Town to site the septic system and a new well on an adjacent Town-owned parcel. The Commission would have to vote its approval, the request would have to go to Town Meeting, and then to the State for its approval. Zehnder stated by granting an easement, the town would have more control on what happens to the property. He made recommendations as to what the town would put in the contract with the Boratko’s. Ginie Page stated Conservation land should be left protected. Zehnder stated the topography of the land creates additional problems with alternative septic systems. Roger Putnam, an abutter, stated this
proposal would make the septic work the best and be in the best interest of the conservation land. The Commission requested topographical details, how the land is currently being used, and an analysis of an alternative tight tank solution. It was also requested the applicant consider locating the septic on their property and the well on Town Conservation land. Zehnder requested coming back to the Commission in two weeks.
At 5:00 pm, Ginie Page moved to continue the business meeting; seconded by John DiBlasio; passed 5-0.
Rebecca Dalmas, abutter of 200 Briar Lane, requested the Commission do a Google Earth search on the property to identify the wetlands and flooding taking place. She stated O’Neil moved earth into the wetland area and feels the area should be restored to its original state. She stated that she had requested during the review of the O’Neil NOI in the fall that the Commission delay its decision regarding the garden until the flooding during the winter months could be observed. The Commission regarded the area as a lawn and was not sure when it was established, and felt they could not ask the property owner to return it to an earlier state. She re-emphasized the marsh is shared with three properties and feels that O’Neil is raising the ground level. She stated she had a
discussion with Mark O’Neil regarding moving winterberry and advised him he can’t do things within the floodplain. The Commission members will observe the O’Neil property from the road to note the current level of the water and/or ice.
Public Hearings 5:22 pm:
5:22 pm
Chequessett Yacht & Country Club, 675 Chequessett Neck Rd., Map 19, Parcel 115, NOI, AOOC: drainage repair (Cont’d from 01/20/10). Lauren McKean recused herself. Barbara Boone represented the CYCC. All pertinent information was received by the Commission. The pipe will be removed, leaving the trench neat and allowing the water to flow naturally. The work will be performed during the winter months. Ginie Page moved to approve the AOOC; seconded by Ed Simpson; passed 4-0 with one recusal. Condition: work to be completed before April 2010 with pre and post construction photos.
5:37 pm
Cohen, 390 Pleasant Point Ave., Map 36, Parcel 192, RDA, replace outdoor shower. Chet Lay represented the applicant and stated they require a handicapped access for the shower. The Commission requested a dry well be located in the shower as a condition. John DiBlasio moved to identify this as a Negative 3; seconded by Ginie Page; passed 5-0.
5:38pm
Perot, 36 Indian Neck Rd., Map 28, Parcel 45, RDA, construct septic system, well and addition to dwelling. Sibel Asantugrul and Jason Ellis represented the applicant. Ellis stated the house will be torn down and there will be a new house construced on the site. Therefore, he requested that the addition be deleted from the current filing. Ellis gave an overview of the project for the septic system and well. He stated the current well is not being used but has all the components. He stated the abutting property is upgrading their septic system and the Perot’s are helping them out by relocating their well. Asantugrul stated they would like to build on the existing footprint; Page stated this would be still be considered new construction and recommended moving the house
out of the 50’ buffer zone and closer to the road. Ginie Page moved to identify the RDA for the septic system and well as a Negative 3; seconded by Ed Simpson; passed 5-0.
Business Meeting Cont’d:
Page asked the Commission to look at the MAAC educational program. She also recommended the Commission make comments for the Cape Cod Commission regarding Capewide Ocean Management Planning District of Critical Planning Concern Nomination.
John DiBlasio moved to adjourn at 5:55 pm; seconded by Ed Simpson; passed 5-0.
Respectfully submitted,
Christine A. Bates, Committee Secretary
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