Minutes of Conservation Commission Public Meeting
Date: January 6, 2010
Time: 4:00 pm
Location: Town Hall Hearing Room
Commissioners Present: Co-Chair Ginie Page, Co-Chair Terry Gips, Patrick Winslow, Trudy Vermehren, and John DiBlasio.
Staff Present:
Regrets: Lauren McKean and Ed Simpson
4:00 - Business Meeting & Conservation Agent's Report
Co-Chair Terry Gips opened the business meeting at 4:00 pm.
MAIL review: Letter regarding dike water elevations and possible leaks.
A letter received from NSTAR regarding right of way
A letter from Nature Conservancy regarding eel grass
Newsletters
Chris Wickson reported there is nothing new with the sale of the Wellfleet Market. He is in the process of doing a 21E report for the sale and weekly inspections are done.
John DiBlasio moved to approve the amended December 16, 2009 meeting minutes; seconded by Ginie Page, passed 5-0.
Jurisdictional Opinion:
Moby Dick’s, State Highway. David Lajoie represented the applicant and stated there will be a total of nine posts placed on footings made by concrete filled sono tubes on “Big-Foot poured footings. Ginie Page moved to approve the Jurisdictional Opinion, seconded by John DiBlasio; passed 5-0.
The Commissioners discussed the public hearing for the proposed ACEC and Flood Plain Regulations and the associated revisions to the Wellfleet Environmental Bylaws. Terry Gips stated that she believed Agent Greenberg-Lemos was working on the revisions that would be taken to Town Meeting for a vote in the Annual Town Meeting. She stated additional notification to town people regarding the hearing should be considered.
Public Hearings 5:00 pm:
Caulfield, 1500 Route 6, Map 30, Parcel 29, Certificate of Compliance. No work was performed on this NOI. Patrick Winslow moved to approve the Certificate of Compliance; seconded by John DiBlasio; passed 5-0.
5:09 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 (Cont’d from 12/16/09). Chet Lay represented the applicant and presented revised plans. The existing wooden walkway from the house down the bank to the water will remain as is, but no new walkway down the bank will be built as originally proposed. Lay confirmed that work on the parking area owned by the Town had been removed from the NOI. Ginie Page read the meeting minutes of 12/16/09. John DiBlasio moved to approve the NOI with conditions; seconded by Ginie Page; passed 5-0. Supervisor: Patrick Winslow.
5:19 pm
Lockwood, Map 22, Parcel 8.1, 110 Sandpiper Hill, NOI, remove and replace single family dwelling(Cont’d from 12/16/09). Patrick Winslow recused himself. David Lockwood, Emily Beebe and Attorney Ben Zehnder presented new information as requested by the Commission at the 12/16/09 meeting. Lockwood questioned the on-going conditions regarding renourishment and a survey of the beach on an annual basis and it was recommended he discuss this with Agent Greenberg-Lemos to establish the protocol to meet the requirements. Ginie Page read the 12/16/09 meeting minutes. Beebe identified the proposed reductions of disturbance within the buffer zone. Page and Gips read sections of the Wellfleet Environmental regulations that they believe are important to this NOI, including
sections that verified that it was to be reviewed as new construction, and stressed no construction within the 50’ filter strip with as little as possible within the 100’. There was discussion regarding granting variances, precedents, and how construction within the 50’ buffer zone affects the resources. Attorney Ben Zehnder spoke about the variance request and the Commission discussed their desire for a smaller footprint of the dwelling within the buffer zones and Beebe stated they had reduced the impact within the 50 foot buffer zone from 1,015 sq. ft. to 973 sq. ft. Gips read a letter from Ms. Dimock expressing her opposition to the project. Abutter Ellen Leander read a letter representing the views of her family, the Lovejoy’s and the Sinaiko’s in opposition to the project. Robert Dubeau of addressStreetRichmond Lane asked for clarification of variance vs. precedent and the Commission responded each case is
reviewed independently. Attorney Zehnder requested the Commission identify their concerns which were 1)that the proposed dwelling and decking is just slightly less than a 50% increase in lot coverage and 2)that the Commission has an obligation to work as closely to the regulations as possible. John DiBlasio moved to continue to January 20, 2010; seconded by Trudy Vermehren; passed 4-0.
6:39 pm
Michelson, 21 Samoset Ave., Map 28, Parcel 184, Amendment to Order of Conditions. Emily Beebe, Mr. Michelson and Allen Abrahamson, landscape architect, came to the table. Ginie Page read the meeting minutes of 09/17/08 when the original Order of Conditions was issued. Beebe provided an overview of the landscaping details which had been amplified and modified by Abrahamson. The Commissioners stated opposition to the proposed stairs and rock platform up the north bank adjacent to the mudroom. There was extensive discussion regarding the driveway and safety issues for exiting and entering the driveway. Mr. Michelson asked if the Commission would be willing to accept the increase in driveway incursion into the 50’ as well as the other walkway modifications if both the
recently approved stairway up the north bank and the newly proposed stairs and platform were removed from the project. John DiBlasio moved to approve the amended conditions with both stairs up the north bank removed; seconded by Ginie Page; passed 5-0. A new set of plans will be submitted with the agreed upon revisions. Supervisor: John DiBlasio.
John DiBlasio moved to adjourn at 7:15 pm; seconded by Patrick Winslow; passed 5-0.
Respectfully submitted,
Christine A. Bates, Committee Secretary
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