Minutes of Conservation Commission Public Meeting
Date: April 7, 2010
Time: 4:00 pm
Location: Town Hall Hearing Room
Commissioners Present: Co-Chair Ginie Page, Co-Chair Terry Gips, Trudy Vermehren, Ed Simpson, Lauren McKean, and John DiBlasio.
Staff Present: Agent Hillary Greenberg-Lemos, Assistant Agent Andrew Petty and Christine Bates, Committee Secretary
Regrets: Patrick Winslow
4:00 - Business Meeting & Conservation Agent's Report
Co-Chair Terry Gips opened the meeting at 4:00 pm.
Meeting Minutes
Ginie Page moved to approve the 01/06/10 meeting minutes as amended; seconded by John DiBlasio; passed 4-0.
John DiBlasio moved to approve the 02/17/10 meeting minutes as amended; seconded by Ed Simpson; passed 4-0.
Ginie Page moved to approve the 03/03/10 meeting minutes as amended; seconded by John DiBlasio; passed 5-0.
Lauren McKean moved to approve the 03/17/10 meeting minutes as amended; seconded by John DiBlasio; passed 4-0.
Emily Beebe stated the design of the roof line of the Alan Michelson property (21 Samoset) will be difficult to place gutters on. They requested permission to replace gutters with a gravel trench at drip line. John DiBlasio moved to substitute drip lines for gutters with a 12 to 18’ wide trench with geo textile fabric; seconded by Ginie Page; passed 6-0.
Lauren McKean recused herself in the discussion of the Blasch property. Emily Beebe requested the beach stairs be relocated and reconstructed using helical screws instead of pylons. The original walkway to the beach stairs was damaged and partly buried in the sand due to the recent storms. The last six foot section of the beach stairways will be metal and can be removed. Agent Greenberg requested Beebe submit final drawings to her office with the changes. John DiBlasio moved to approve the new location of the stairway along with the construction of the stairway with the condition Beebe supply paperwork identifying the materials; seconded by Ed Simpson; passed 5-0.
Tim Brady of East Cape Engineering reported one party has signed the Purchase and Sale agreement for the Wellfleet Marketplace. He read the letter the Board of Health sent conditioning materials be purchased by April 15, 2010, which would allow a 30 day extension. He requested the Commission grant the extension, because if denied, the project would have to be reopened with a new NOI. He stated he did not feel the Conservation Commission has the leverage of fining the owner(s) as does the Board of Health.
Toni Athans explained to the Commission the activity of tree cutting on her property at 1631 State Highway, Cottage 3. She stated the person she hired to do the cutting cut down live trees which she had not approved. Agent Greenberg-Lemos stated she will work with Ms. Athans to complete a replanting plan and Athans is to come back to the Commission on May 5, 2020. There was a question as to who will be responsible for the Condo Association plan (particularly cottage 2) and a neighbor stated there is no money in the association dues. Agent Greenberg-Lemos suggested the commission mail a letter to the owner of cottage 2, stating the rules and regulations of tree cutting, and send a copy to the condo association. The Commission would like the owner of cottage 2 to come before the Commission to
discuss his plan to replant.
Jurisdictional Opinions
A site visit was made to Gull Pond regarding removing dead trees in the parking area and how the trees would be disposed of due to beetles. Beach Administration, Suzanne Thomas, recommended burning. All cutting, cleanup and burning was to be done by Americorps staff. After further discussion regarding the burn, John DiBlasio moved to approve the Jurisdictional Opinion but to have the trees removed from the site rather than burned; seconded by Ed Simpson; passed 6-0.
Rolbein, 50 Higgins Lane, would like to place two small sheds on the property. Trudy Vermehren moved to approve the Jurisdictional Opinion; seconded by Ed Simpson; passed 5-1
Lackner, 66 Hiawatha Rd, remove 5 pine trees. Trudy Vermehren moved to approve the Jurisdictional Opinion; seconded by Ginie Page; passed 5-1.
There was discussion regarding realtors informing potential buyers that they are allowed to do anything on the property, many of which are in conflict with the Commissions regulations.
Public Hearings 5:00 pm:
5:10 pm
Perot, 36 Indian Neck Rd., Map 28, Parcel 45, NOI, demolition of existing dwelling and reconstruction of new dwelling (Cont’d from 03/17/10). The meeting minutes of 3/1/10 were read into the record. Sibel Asantugrul and Jason Ellis provided the material requested by the Commission at the previous meeting. Asanturgul changed the design of the driveway and added an optional fence along the abutter’s property. Virginiana will replace the proposed blanda roses listed in the plantings. Trudy Vermehren moved to approve the NOI; seconded by John DiBlasio; with conditions, passed 5-0. Trudy Vermehreen, supervisor.
5:25 pm
Sueko Hall, 151 Hamblin Farm Rd., Map 19, Parcel 12, Certificate of Compliance. No work was ever started. Ginie Page moved to issue Certificate of Compliance, noting no work was performed, seconded by John DiBlasio; passed 6-0.
5:28 pm
McLaughlin, 114 4th St., Map 40, Parcel 108, Request for Extended Order of Conditions. Because there was no representation, John DiBlasio moved to deny the Extended Order of Conditions (which has expired); seconded by Ginie Page; passed 6-0.
5:30 pm
Mahdavi, 42 Indian Neck Rd., Map 28, Parcel 46, RDA, construct shell patio and parking area with turn around. George Moe represented the applicant and stated they wanted to also relocate the stairs to the deck, construct trenches with gravel at the dripline from the roof , and remove the old railroad ties from the property. John DiBlasio identified this as a Negative 3; seconded by Ginie Page; passed 6-0.
5:35 pm
Juster, 30 Indian Neck Rd., Map 28, Parcel 44, RDA, expand and rebuild rear deck and a 7’ x 11’ addition (after the fact filing) Chet Lay represented the applicant and stated the work had been approved by the ZBA in 2009 and the applicant was not aware they had to come before the Commission. The Commission requested drywells and gutters be placed on the dwelling, incorporate a drywell for outdoor shower, replace vegetation that has been cut down, plant beach grass, and find a solution for the runoff from the deck, and remove construction materials from under the deck. Chet Lay requested a continuation in order to provide a landscape plan for the Commission. Ginie Page moved to continue to 4/21/10 for plant and water mitigation proposals; seconded by Trudy Vermehren; passed 6-0.
5:50 pm
Dyer, 40 Ridge View Dr., Map 13, Parcel 135, NOI, new well and septic. David Lajoie represented the applicant and gave an overview of the project. Ginie Page moved to approve the NOI; seconded by John DiBlasio; passed 6-0.
5:57 pm
Finkelstein, 55 Forrest Rd., Map 16, Parcel 620, NOI, Septic Upgrade. Lauren McKean recused herself. David Lajoie represented the applicant, giving an overview of the project. The commission requested the Trailing Arbutus be staked so as not to be disturbed. There was discussion regarding saving a tree. Ed Simpson moved to approve the NOI; seconded by Ginie Page; passed 4-1.
6:05 pm
Lema (Wellfleet Marketplace), 295 Main St., Map 14, Parcel 181, Request for Extended Order of Conditions. Tim Brady had attended the business meeting and requested he not have to stay for the public hearing. Agent Greenberg-Lemos stated the Marketplace is pumping their system about four times a month now and she is concerned with the summer high season coming. There was discussion regarding the actions of the Board of Health. After discussion the options regarding the request for an extension, Terry Gips moved to continue to April 21, 2010, requesting the appearance of Joseph Lema’s attorney at that meeting; seconded by Ginie Page; passed 6-0.
Business (Cont’d):
The National Seashore informed the office that the Marconi Beach site requires new stairs and they wanted to inform the Commission.
John DiBlasio moved to adjourn at 6:30 pm; seconded by Trudy Vermehren; passed 6-0.,
.
Respectfully submitted,
Christine A. Bates, Committee Secretary
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