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Cons Comm Minutes 03/17/10
Minutes of Conservation Commission Public Meeting

Date:        March 17, 2010
Time:           4:00 pm
Location:       Town Hall Hearing Room

Commissioners Present:  Co-Chair Ginie Page, Patrick Winslow, Ed Simpson, Lauren McKean, and John DiBlasio.   
Regrets:  Terry Gips and Trudy Vermehren
Staff Present:  Agent Hillary Greenberg-Lemos and Christine Bates, Committee Secretary
4:00 - Business Meeting & Conservation Agent's Report

Co-Chair Giniie Page opened the meeting at 4:03 pm.  

Agent Greenberg-Lemos stated the Army Corps dredges the channel and the Town dredges the mooring basin.  Because of endangered species, the state has agreed to fund a study through MA Audubon to track the terrapins.  The dredging will not happen until next year.  The Harbormaster wants to dredge the groins along the shoreline in the Harbor.  The work by the Army Corps and Town will be done at the same time due to constrictions with all the activity within the Harbor.  

John DiBlasio reported there appears to be trees being cut at 66 Hiawatha and requested Agent Greenberg-Lemos to do a site visit.

Chris Wickson of East Cape reported a complete synopsis of activity at the Wellfleet Market was provided to the owner and leasee, reminding them of the Town’s deadlines regarding Conservation and Board of Health conditions.  He reported neither parties responded back to East Cape with an update on the potential sale of the property.  Agent Greenberg-Lemos stated it is the applicant’s or buyer’s responsibility to notify her when equipment is purchased, as written in the Extended Order of Conditions.  She stated tickets will be issued after the March 30, 2010 deadline as reflected in the December 16, 2009 meeting minutes.  Chris Wickson stated if the Marketplace hooked up to Town water, then the septic system would be changed in design and he was concerned they would purchase equipment they could not use.  There was discussion regarding the enforcement paperwork from the Board of Health and the potential ticketing.   Agent Greenberg-Lemos stated the town water will not be available until the end of summer or into the fall of 2010 and the system is in failure.  Agent Greenberg stated the Board of Health will make a determination for action at their March 24, 2010 meeting.  John DiBlasio moved to fine the owner $200.00 per day commencing on March 30, 2010 until the components are ordered; seconded by Ed Simpson; 5-0.  Agent Greenberg-Lemos stated she would be happy to have a discussion with the owner’s representatives.  


Town Meeting Warrant:  
1A:  Storm water project on Commercial/Holbrook and Main Street:  Ed Simpson moved to approve the wording; seconded by Patrick Winslow; passed 5-0.

AA:  additional water mains:  The Commissioners do not have purview on this matter.

EE:  (Boratko – easement of town owned land) – vote at the end of the meeting

JJ:  Environmental protection bylaw:  (ACEC added to regulations).  John DiBlasio moved to approve the wording in article JJ; seconded by Lauren McKean; passed 5-0.

Jurisdictional Opinion:  
40 Hiawatha Road – remove 8 + 1  trees from the property.  Patrick Winslow moved to approve the Jurisdictional Opinion; seconded by Ed Simpson; passed 4-1.

Pilcher, Chequessett  Neck Rd, remove and replace decking of boardwalk with one to one replacement which was damaged by ice.  John DiBlasio moved to approve the Jurisdictional Opinion; seconded by Ed Simpson; passed 5-0.

Town of Wellfleet - Gull Pond Landing, remove dead trees and remove scrub oak saplings.  John DiBlasio moved to continue to 04/07/10to allow a site visit; seconded by Ed Simpson; passed 5-0.

Public Hearings 5:00 pm:

5:00 pm
McLaughlin/Marino, 114 4th St., Map 40, Parcel 108, Request for 3 year extension.  Stan Humphries, read a letter stating the Woods oppose the extension because this property has not been renourished properly.  John DiBlasio moved to continue to 04/07/10 contingent that a representative is present; seconded by Patrick Winslow; passed 5-0.

5:05 pm
Ashe, 2024 Harborlights Circle, Map 20, Parcel 19, RDA, three season room.  Alan Cabral represented the applicant, giving an overview of the project.  It was noted the shed is also owned by Ashe.  John DiBlasio moved to identify this as a Negative 3; seconded by Ed Simpson; passed 5-0.

5:10 pm
Thaler, 250 Meadow Ave West, Map 40, Parcel 158, AOOC, placement of additional coir envelopes.  
Attorney Sarah Turano Flores and Stan Humphries of LLC Consultants, represented the applicant giving an overview of the primary project which was approved in September 2009.  Work had been done up to December 2009, but there were several storms which created the need for additional coir envelopes.  Turano Flores  stated the original Orders of Conditions would be adhered to in order to meet the April 2010 deadline of renourishment and installation.   Humphries stated the erosion will continue eastward on the property.  Agent Greenberg requested they can maintain a 15 foot placement of materials from the property line.  Ed Simpson moved to approve the Amended Order Of Conditions; seconded by Patrick Winslow; passed 5-0 with the condition the coir envelopes will be 15 feet from the property line.   

5:30 pm
Boratko, 40 Beach Street, easement of town owned land.  The Commissioners made a site visit.  Attorney Ben Zehnder and Emily Beebe represented the applicant and stated there were some modifications to the plan.  The meeting minutes of 3/3/2010 were read into the record.  The Commission discussed the location of the septic system, alternative locations for a new well, and concern with using Town owned land.  Members of the audience expressed concern with using Town land as well.  It was suggested the system be placed on Beach Street ten feet south and five feet west of the location on Beebe’s plan.  John DiBlasio moved to approve the easement of Town owned land and locate the septic 10 feet south, five feet west as presented on the March 9, 2010 plan; seconded by Ed Simpson; passed 5-0.      

5:55 pm
Perot, 36 Indian Neck Rd., Map 28, Parcel 45, NOI, demolition of existing dwelling and reconstruction of new dwelling (Cont’d from 03/03/10).   Ginie Page read the meeting minutes of 3/3/2010.  Sibel Asantugrul gave an overview of the new plan submitted to the Commission, stating the dwelling had been reduced considerably, revised landscaping was proposed to afford more privacy to the abutters, and the concrete retaining wall would be eliminated and replaced with a stone wall.  The pergola was eliminated,  the outdoor shower was relocated, and the garage reduced in size.  Jason Ellis will supply a revised site plan, identifying the new location of the dwelling, the ACEC line, and other planting updates as well as construction protocol for the next meeting.  The placerosa rogosa’s will be replaced with virginiana.  Patrick Winslow moved to continue to April 7, 2010; seconded by John DiBlasio; passed 5-0.
 
Business Meeting Cont’d

Warrant Article:   EE:  Ed Simpson moved to recommend the article; seconded by Patrick Winslow; passed 5-0.

There was discussion on the Wind Turbine town project.  

John DiBlasio moved to adjourn at 6:35 pm; seconded by Ed Simpson; passed 5-0.
    
Respectfully submitted,


Christine A. Bates, Committee Secretary