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Cons Comm Minutes 05/05/10
Minutes of Conservation Commission Public Meeting

Date:         May 5, 2010
Time:           4:00 pm
Location:       Town Hall Hearing Room

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

Co-Chair Terry Gips opened the meeting at 4:00 pm.  

Helen Purcell stated on January 1, 2010 the dike on her property broke through from the high tides and again a couple of weeks ago.  Her gardens have been jeopardized and she will need to file an application to add sand, loam, and then replant the dike to fix it.  Agent Greenberg-Lemos advised her she would require a RDA filing.  

Toni Athans – Drummers Cove replanting plans:  William Sullivan spoke on behalf of Athans, and identified the various plants and trees he would plant.  Trudy Vermehren suggested a five year maintenance plan so there will not be future cuttings.  Agent Greenberg-Lemos requested a drawing be sent to the office to be put in the file identifying the new vegetation.  

Emergency Certification Form:  The DPW requires an Emergency Certification Form to reestablish the paths to the beaches.  Trudy Vermehren moved to approve the Emergency Certification; seconded by John DiBlasio; passed 6-0.  Lauren McKean recused herself.

Jurisdictional Opinions:  
80 Hiawatha Road, removal of trees.  The Commissioners did not want to see the three trees in the front yard cut down, but gave permission to cut down diseased trees and those close to the house which were marked with tape.  Ginie Page moved to approve the cutting of the yellow tagged trees and one orange marked tree which is dead; seconded by Ed Simpson; (Lauren McKean and Patrick Winslow abstained); passed 4-1.  
1400 Cheq Neck Rd, (Gilson) repair and replace beach stairs in kind.  (Cape Associates will be doing the work).  Lauren McKean recused herself.  Patrick Winslow moved to approve the Jurisdictional Opinion; seconded by Trudy Vermehren; passed 6-0.

Michelson Property, Samoset – install a generator,   Trudy Vermehren moved to approve the Jurisdictional Opinion; seconded by Ginie Page; passed 6-1.

Flying Fish, 29 Briar Lane, remove dead limbs from the wetlands.  Trudy Vermehren recused herself.  John DiBlasio moved to approve the Jurisdictional Opinion; seconded by Ginie Page; passed 6-0       

325 Paine Hollow Rd, remove old rusted chain link fencing and four small locust trees that are intertwined with the fence and replace with split rail fence; remove “no trespassing” sign located on town land.  Patrick Winslow moved to approve the Jurisdictional Opinion; seconded by Lauren McKean; passed 7-0.

325 Paine Hollow Road, remove two locust trees.  Ed Simpson moved to approve the Jurisdictional Opinion; seconded by Ginie Page; passed 7-0.

The Commissioners will have a luncheon on June 16 at Ginie Page’s house.  

Co-Chair Gips stated the Commission will begin preparing the ACEC regulations for review at a public hearing.  

Ginie Page moved to approve the April 21, 2010 meeting minutes as amended; seconded by John DiBlasio; passed 6-0.  

Andrew Petty reported John Glaze wants to build a deck on grade.  The Commission stated they would like Glaze to come back to discuss the project with the Commission.

Agent Greenberg-Lemos reported Americorp will help with the construction of timber stairs on the Pinto property.  
   
Public Hearings:

5:02 pm  Reopened at 6:20 pm
Mac’s Shack, 91 Commercial St., Map 2, Parcel 129, RDA, move and replace support poles for awning (after the fact).  Patrick Winslow recused himself.  Reopened at 6:20 pm.  Patrick Winslow recused himself.  There was no representation at the hearing; therefore the Commission requested a continuation.  Ed Simpson moved to continue to May 19, 2010; seconded by John DiBlasio; passed 7-0.

5:03 pm
The Pearl, 250 Commercial St., Map 21, Parcel 106, RDA, enlarge awning on outdoor deck,  Dana Heiland represented the applicant.  The Commission made a site visit and reviewed the file and determined the applicant did not fulfill the condition of gutters and downspouts, and that the gray water permit was not approved for recycling water for flushing of toilets.  In addition, they were not able to construct the roof  as planned to direct water into the collecting gutters.  Ed Simpson stated the current awning was not taken down during the winter months and that water was draining into the wetlands.  Heiland explained that the current awning was installed as a temporary solution and that in the future, the canvas would be removed after the restaurant closed for the season.  The proposed awning will be twice as large as the current one, covering the entire deck.  Patrick Winslow moved to identify this project as a Negative 2, with the condition there will be seasonal removal of the awning and gutters installed to collect the runoff so that it doesn’t go into the wetlands. seconded by John DiBlasio; passed 7-0.
     
5:33 pm
Bunnell, 56 Beach St., Map 35, Parcel 10, RDA, construct walkway and add lighting.  Chet Lay represented the applicant and stated there are minor changes to the original Order of Conditions which include walkways, decking, relocating ramps, adding lighting and re-vegetation.  There was discussion regarding parking on town property. The Commission asked that parking be relocated to the owner’s property, and that this transition be completed within three years.  Some trees infested with beetles will be removed.  Trudy Vermehren moved to identify this as a Negative 3, noting that the parking area will be moved to the owner’s property and the town owned property will be re-vegetated; seconded by Ginie Page; passed 7-0.      

6:11 pm
Town of CityplaceWellfleet, Great Island Landing, Map 18, Parcel 8, restoration of eroded resources, RDA
(Cont’d from 04/21/10).  Another site visit was made and Agent Greenberg-Lemos stated sand from the Blasch property would be used to provide fill on top of the exposed blacktop and to partially fill the eroded cut in the dune.  In addition, the proposal calls for the removal of the broken asphalt and concrete, drift fencing, re-vegetation of the dune with beach grass, as well as the path after the work is complete.  MESA has requested a plan with exact location of the fencing.  No work will take place until October due to piping plover concerns.  The National Park will review the project, and Lauren McKean recused herself.  Additional sand beyond what is available from the adjacent homeowner’s site may be required and Emily Beebe will explore options for its purchase.  Patrick Winslow moved to continue to June 2, 2010; seconded by John DiBlasio; passed 6-0.

5:50 pm
Juster, 30 Indian Neck Rd., Map 28, Parcel 44, RDA, rebuild rear deck and a 7’ x 11’ addition (after the fact filing) (Cont’d from 04/21/10).  Chet Lay represented the applicant and stated the current walkway will be extended under the second story deck, using 3” of stone.  Loam and conservation mix will be used on the bank for re-vegetation.   There was discussion regarding the vista pruning of the locust trees and the Justers’ are requesting further pruning of the trees.  The Commission recommended a one-for-one replacement with beach plum of each tree that is cut.   The request for further pruning is being withdrawn.   Trudy Vermehren moved to identify this project as a Negative 3 with the exception of the additional pruning; seconded by John DiBlasio; passed 7-0.       

John DiBlasio moved to adjourn at 6:23 pm; seconded by Patrick Winslow; passed 7-0.

Respectfully submitted,

Christine A. Bates, Committee Secretary