Minutes of Conservation Commission Public Meeting
Date: September 1, 2010
Time: 4:00 pm
Location: Relocated to DPW building
Commissioners Present: Co-Chair Terry Gips, Ginie Page, Trudy Vermehren, John DiBlasio, Patrick Winslow, Lauren McKean, Patrick Winslow and Ed Simpson
Staff Present: Agent Hillary Greenberg-Lemos, Assistant Agent Andrew Petty, and Christine Bates, Committee Secretary
4:00 - Business Meeting & Conservation Agent's Report
Terry Gips opened the meeting at 4:00 pm.
Gordon Peabody of Safe Harbor distributed a pamphlet called “Dirty Dozen”, identifying invasive vegetation and also discussed storm water.
Agent Greenberg-Lemos received a request from Attorney Mary Giorgio to have the Commission give her permission to dismiss the Lockwood case on their behalf. Ginie Page moved to have Ms. Giorgio execute the dismissal; seconded by John DiBlasio; passed 5-0 with one member abstaining.
Jurisdictional Opinion:
Ziering 165 Pilgrim Springs Rd, invasive species management and remove two locust trees. Patrick Winslow moved to approve the Jurisdictional Opinion; seconded by Lauren McKean; passed 6-0.
The Commissioners will review the proposed brochure at the September 15, 2010 business meeting. Terry Gips will edit prior to the meeting.
Agent Greenberg-Lemos requested a member of the commission volunteer to partner in a presentation on sediment transport at the State of the Harbor Conference with no response. The Commission will hold a public hearing on October 6, 2010 for the ACEC Regulations..
There was discussion regarding the number of fines for violations that have been issued and the fact that the court typically dismisses the cases. Agent Greenberg-Lemos stated when a fine is given, most people comply with the related violation.
Ginie Page moved to approve the August 4, 2010 meeting minutes as amended; seconded by John DiBlasio; passed 6-0.
John DiBlasio moved to approve the August 18, 2010 meeting minutes as amended; seconded by Ed Simpson; passed 5-0.
Public Hearings 5:00 pm:
5:00 pm
Schiffrin, 174 Samoset Ave., Map 28, Parcel 89, Certificate of Compliance, (Cont’d from 08/18/10)
The as-built plans were received as requested. John DiBlasio moved to approve the Certificate of Compliance; seconded by Ed Simpson; passed 6-0.
5:03 pm
Brown’s Landing Condo Trust, 30 Fox Island Rd., Map 28, Parcel 223, RDA, Repair road surface (Cont’d from 08/18/10). The applicant requested a continuation to 9/15/10. Ginie Page moved to continue to 9/15/10 at the request of the applicant; seconded by Patrick Winslow; passed 6-0.
5:04 pm
O’Neil, 200 Briar Lane, Map 13, Parcel 114, NOI, demolition and reconstruction of garage, build chicken coop and extend driveway (Cont’d from 08/18/10). Chet Lay represented the applicant and stated the requested materials were provided to the commission. He gave an overview of the grading on the property. The July 7, 2010 meeting minutes were read. The chicken coop will be relocated further north. The dimensions of the chicken coop are 6’ x 8’ and the run is 16 feet long. Chet Lay stated there will be a retaining wall on the resource side of the driveway and garage and that the location of the chicken coop will be on a flat surface, with little runoff. Mark O’Neil described the manure management plan and the Commission recommended the
bins be located where originally approved. John DiBlasio moved to fine O’Neil $200 for relocating the chicken coop without approval; no second. Trudy Vermehren moved to approve the NOI; seconded by Patrick Winslow; passed 7-0. Supervisor: Trudy Vermehren
5:35 pm
Ziering, 115 Way #89, Map 29, Parcel 285, Amendment to Order of Conditions (Cont’d from 08/18/10)
Peter Mcmahon represented the applicant and gave an overview of the amendment. He stated the demolition material will be removed off site. He stated there will be drywells placed on the north side of the dwelling and gutters installed on the east side. Agent Greenberg-Lemos requested he supply square footage of disturbance. John DiBlasio moved to approve the Amendment to Order of Conditions; seconded by Ed Simpson; passed 7-0.
5:45 pm
Maier, 1015 3rd Ave., Map 40, Parcel 7, Certificate of Compliance. Agent Greenberg-Lemos stated work was in compliance. John DiBlasio moved to approve the Certificate of Compliance; seconded by Ed Simpson; passed 7-0.
5:47 pm
Mobil Service Station. 2665 & 2675 State Hwy, Map 15, Parcels 126, 127, 128, 129, and 130, Certificate of Compliance. The work was completed in 2003, but the applicant neglected to submit a Certificate of Compliance. Agent Greenberg-Lemos stated the water had been tested regularly. Trudy Vermehren moved to approve the Certificate of Compliance; seconded by John DiBlasio; passed 7-0.
5:50 pm
Whitcomb, 40 Hiller Ave., Map 20, Parcel 66, RDA, Install septic tank and leach bed. Emily Beebe represented the applicant and gave an overview of the project. Two existing cesspools will be pumped and filled. The new holding tanks and leaching equipment will be of polyethylene materials, thus reducing impacts because heavy equipment will not be required. John DiBlasio identified the work as a Negative 3; seconded by Lauren McKean; passed 7-0.
5:55 pm
Glaze, 625 Old Wharf Rd., Map 35, Parcel 14, RDA, Construct 8’ x 25’ wooden deck. Mr. Glaze gave an overview of the construction, stating there will be no digging in the resources. The decking will lie directly on the land surface. John DiBlasio moved to identify this project as a Negative 2; seconded by Trudy Vermehren; passed 7-0.
6:03 pm
Glaze, 625 Old Wharf Rd., Map 35, Parcel 14, NOI, Construct sand drift fence. Roy Okurowski gave an overview of the project, stating there will be accommodations for wildlife with openings in the fencing. Fabric will be utilized in the fencing, which will help stabilize the dune. Agent Greenberg-Lemos recommended the abutting properties coordinate renourishment at the same time. The applicant has not received a reply from Natural Heritage. John DiBlasio moved to continue to 9/15/10; seconded by Ed Simpson; passed 7-0.
6:15 pm
Yankelovich, 374 King Phillip Rd., Map 35, Parcel 182, NOI, extend rock revetment. Peter Marcunas represented the applicant and gave an overview of the project. He presented photographs from April 2009 identifying the nourishment displacement as well as photos from May 2010 showing that the fiber rolls were not successful in combating the heavy wave action and subsequent erosion. Natural Heritage has not responded as of the current date. In previous years, 118 cubic yards of renourishment were placed per year on the site. It was determined that future renourishment requirements would be 210 cubic yards per year. Agent Greenberg-Lemos stated the commission would require frequent monitoring of the need for nourishment. Mike Giaimo, a consultant for the abutter Prager, stated
erosion on the Prager property has gotten worse and requested the Commission ensure replenishment of sand. They are concerned with extending the revetment toward their property. Marcunas recommended Prager be a co-applicant, which would benefit both properties. There was discussion regarding data of erosion rate, movement of sand, and renourishment requirements. It was determined there would be a total of ten 18-wheel truckloads of material, possibly creating damage to the roads and the beach. There was discussion regarding renourishment during the terrapin nesting period. It was stated that if sand washed away quickly, the owner should replenish it immediately. A letter from Barbara Brennessel was read into the record with concerns for the habitat and future damage to other property if the project as proposed went forward. John DiBlasio moved to continue to 9/15/10; seconded by Trudy Vermehren; passed 7-0.
7:03 pm
Rolbein & LeBow, 50 Higgins Lane, Map 50, Parcel 120, NOI, construct foundation under existing dwelling, construct 18’ x 20’ addition and expand kitchen. Tim Dickey and Mr. Rolbein gave an overview of the project, stating the existing kitchen would be removed and the dwelling would be lifted. Dirt will be moved offsite during construction. Dickey stated concrete would be pumped from the driveway. Ginie Page stated there may be artifacts on the property that she hopes they would look for. Agent Greenberg-Lemos requested a plan identifying the staging area as well as a construction protocol. Patrick Winslow moved to approve the NOI; seconded by John DiBlasio; passed 7-0 with conditions. Supervisor: Ed Simpson
Commissioner Lauren McKean left the meeting at 7:18 pm.
7:20 pm
Town of Wellfleet, Map 18, Parcel 8, Restoration of Great Island Landing (Cont’d from 08/04/10). Terry Gips moved to indefinitely continue the hearing; seconded by Ed Simpson; passed 6-0.
John DiBlasio moved to adjourn at 7:21 pm; seconded by Patrick Winslow; passed 6-0.
Respectfully submitted,
Christine A. Bates, Committee Secretary
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