Minutes of Conservation Commission Public Meeting
Date: February 17, 2010
Time: 4:00 pm
Location: Town Hall Hearing Room
Commissioners Present: Co-Chair Terry Gips, Patrick Winslow, Lauren McKean, Ed Simpson and John DiBlasio.
Staff Present: Andrew Petty and Christine Bates
Regrets: GiniePage and Trudy Vermehren
4:00 - Business Meeting & Conservation Agent's Report
Co-Chair Terry Gips opened the Business meeting at 4:05 pm.
Andrew Petty read a letter from Chris Wickson regarding Wellfleet Market Place septic system update. He stated no significant changes have occurred since the last report.
Jurisdictional Opinions:
Derrick Polanski, 90 Anawan Rd., remove trees on State property. The Commission cannot give permission to remove trees on State property. Patrick Winslow moved not to approve the Jurisdictional Opinion based on the fact it is on State property; seconded by John DiBlasio; passed 5-0. Andrew Petty will contact Mr. Polanski.
42 Indian Neck Rd., create 8’ x 16’ shell driveway (removing blacktop). The commission will do a site visit on March 3, 2010.
There was discussion of what actions can be taken if a commission member witnesses people cutting trees who have not received permission. It was suggested that a picture be taken and given to the Conservation Agent who would then issue an enforcement order.
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MAIL:
NSTAR 2010 operational plan. Letters can be written to NSTAR with concerns regarding the proposed herbicide spraying.. Lauren McKean stated the National Seashore made recommendations to NSTAR but they have not received any reply. NSTAR’s plan is to allow low/short species to fill in after they have killed off trees. There was discussion regarding the difficulty of communicating with NSTAR because of multiple owners: property under the power lines is owned by the Town, the Seashore and private owners. There was discussion about the liability involved with individuals/groups performing the trimming work. The Selectmen and Town Administrator, Paul Sieloff, are in discussion with NSTAR.
It was noted the highways, roads and railway tracks can be sprayed or treated with the chemical of choice by those in charge.
OMF News: Marine Fisheries regarding licenses/permits.
MACC newsletter advising of an Environmental Conference Feb. 27, 2010 in CityplaceWorcester.
Cape Cod Commission holding meetings on Ocean Management.
John DiBlasio reported that John Riehl is proposing a feasibility study to dredge the “black mayonnaise” in the harbor.
Lauren McKean moved to approve the 1/20/10 meeting minutes as amended; seconded by John DiBlasio; passed 3-0.
John DiBlasio moved to approve the 2/3/10 meeting minutes as amended; seconded by Ed Simpson; passed 4-0.
Public Hearings 5:00 pm:
5:04 pm
Machado/Silvetti, 35 Main St., Map 15, Parcel 125: Amended Order of Conditions
Bruce Miller represented the applicant. He gave an overview of the amount of soil to be brought in for the retaining wall and provided elevations and construction plans for the wall. It will vary in height due to the land elevations. He stated there will be no mortar used in the construction of the wall.
Walter Dorrell, owner of Kendall Gallery, asked if there is any water movement from Duck Creek to Hawes Pond and if this retaining wall will change the soil components. Petty stated there is salt water intrusion through the culvert by the bank. He said that the wall would not change the soil components.
A letter dated 2/12/10 from Anthony Buttignol, abutter, was read into the record expressing his concerns about the retaining wall Andrew Petty provided two different site plans for the parcel produced in 1989 which did not match: they showed differences in the dike and openings in the dike. One plan was approved by the Commission for previous work. The 11/2/09 letter from Anthony Buttinol was reread into the record stating there were openings in the dike; he also stated that materials were placed into the area blocking the water flow. In his letter, he gave examples of vegetative species in the area, which he states have changed because of the dike on the property. During the Commissioners’ visit to the site earlier in the day, they made specific note of species in the area in question that were
very strong indicators that no salt water had passed through or over the dike in many years, perhaps 5-8 years minimum. Thus, if any “filling” of the opening had occurred, it was many years in the past. Ed Simpson moved to approve the Amended Order of Conditions ; seconded by John DiBlasio; passed 5-0 with conditions. Ginie Page site supervisor.
John DiBlasio moved to adjourn at 5:35 pm; seconded by Patrick Winslow; passed 5-0.
Respectfully submitted,
Christine A. Bates, Committee Secretary
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