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Cons Comm Minutes 10/20/10
Minutes of Conservation Commission Public Meeting

Date:         October 20, 2010
Time:           4:00 pm
Location:       Town Hall

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

Terry Gips called the meeting to order at 4:03 pm.

Don Eurich, owner of 1065 Chequessett Neck Road, came before the Commission to report there will be a  slight change to the plans which were approved.  Work at the site had been put on hold because the preconstruction site meeting had not occurred even though demolition work had been started.  There was confusion because the applicant had read in the conditions that the site visit was to occur AFTER the building permit was issued and he was still working out final details with the building inspector re: grading.  The grade will be restored to the original grade under the decks where storage areas had been planned. A preconstruction site visit will be scheduled.  Ginie Page moved to permit an administrative change in grading under the north and south decks to comply with zoning bylaws; seconded by Ed Simpson; passed 4-1.  

Jurisdictional Opinion:
Michelson, 21 Samoset, remove two dead pitch pines and replace with bayberry bushes.  Patrick Winslow  moved to approve the Jurisdictional Opinion with a total of four bayberry to replace pines; seconded by Ginie Page; passed 5-0.
 
Michelson, 21 Samoset,  construct an additional pad on the north decking area for BBQ grill.  Required because there is a drop in the elevation and grade. The pad will not affect the water runoff and permeability.   Ed Simpson moved to approve the Jurisdictional Opinion; seconded by Patrick Winslow; passed 5-0.

Eisinger, 60 Indian Neck, remove 5 trees and invasive shrubs and replace with over 24 native trees and shrubs.  These trees were topped 10 or 15 years ago for vista views.  The commission recommended removing the trees instead of topping them and replant with native species.  One tree is on an abutter’s property and permission was granted to cut the tree.  Agent Greenberg-Lemos suggested a long term management plan including  how to care for the species, how, where, and when to plant, watering plan, and survival rate.  Patrick Winslow moved to approve the Jurisdictional Opinion; seconded by Ed Simpson; passed 5-0.  A management plan will be presented to the Conservation Dept.

Thomas, 75 5th Ave (Lt. Island), removal of invasive vegetation.  Bittersweet is threatening the plant community. A three year maintenance plan to eradicate the bittersweet was presented. All work will be done by hand.  There will be no revegetation.    Ed Simpson moved to approve the Jurisdictional Opinion; seconded by John DiBlasio; passed 5-0.

LaTanzi, 25 Crest Ave, construct a concrete pad for an A/C unit.  Patrick Winslow moved to approve the Jurisdictional Opinion; seconded by Ed Simpson; passed 5-0.

Simon, 430 King Phillip Rd, vista pruning.  A management plan was provided; this property has received permission to prune in the past.  Agent Greenberg-Lemos suggested a site visit and request the landscaper come to a meeting.  

Ryder, 375 Cove Rd., remove one large pine from flood plain.  The work will be done during the winter and removed from the property.  Patrick Winslow moved to approve the Jurisdictional Opinion; seconded by Ed Simpson; passed 5-0.

Other Business
Orc Ruggles, 30 Kendrick Ave., wanted to perform some renovations on a condo.  The work was to include replacing windows, siding and doors.  He had spoken with Paul Murphy and Hillary Greenberg-Lemos.  He stated he dug under the house, removed the skirt around the house to see what damage was done to the structure, and found the dwelling was not plumb and level and the pads were tilted.  He mixed concrete by hand and poured it into forms, which he stated were within the footprint.  He was told by Paul Murphy that he violated conservation regulations.  Agent Greenberg-Lemos stated she wanted him to file aN NOI and Jason Ellis will assist Reynolds with the filing.  The dwelling is on top of temporary beams at the present time.  Agent Greenberg-Lemos stated this is in elevation 4 and is within the flood plain and the commission needs to review the project before any further work is done. The applicant will file an NOI.                       

Public Hearings 5:08 pm:
5:10 pm
Bay Cottages Condo Assoc. (Chelanski), 30 Kendrick Ave, Map 20, Parcel 1, Certificate of Compliance for the septic system.  Agent Greenberg-Lemos stated the project is in compliance.  John DiBlasio moved to approve the Certificate of Compliance; seconded by Ed Simpson; passed 5-0.  

5:11 pm
Evan Bruinage, Shellfish Grant.  This is an extension to the family grant which has been in the family for several years.  Access would be from the placePlaceNameOld PlaceTypeWharf town landing.  Agent Greenberg-Lemos recommended he file a RDA; she also stated the grant cannot be approved until there is a letter from the Army Corps of Engineers.     

5:17 pm
Meredith, 45 Old Truro Rd., Map 8, Parcel 252, NOI,   Construct screened porch.  Patrick Winslow recused himself.  David Lajoie represented the applicant and gave an overview of the project, identifying the wetlands.  The new porch and steps will be within the 50 foot buffer zone.  There will be four sono tubes to support the deck.  John DiBlasio moved to approve the NOI; seconded by Ed Simpson; passed 5-0.  Supervisor – Ed Simpson       

5:26 pm
Browns Landing Condo Trust, 30 Fox Island Rd., Map 28, Parcel 223, RDA, Repair road surface (Cont’d from 09/15/10).  Ginie Page recused herself.   Chet Lay represented the applicant and gave an overview of the project, which has been discussed at previous meetings.  The existing asphalt will be hauled off site and hardening, including crushed concrete, will be placed on the road.   There was no objection from the Conservation Trust and they stated they do not share financial burdens or any other liability.  The strip drain will be maintained.  John DiBlasio moved to identify this as a negative 3; seconded by Patrick Winslow, passed 5-0.  

5:32 pm
Brintnall, 26 Pine Point Rd., Map 21, Parcel 69, Certificate of Compliance.  Agent Greenberg-Lemos stated the project is in compliance.  Ginie Page moved to approve the Certificate of Compliance: seconded by John DiBlasio; passed 5-0.

Glaze, 625 Old Wharf Rd., Map 35, Parcel 14, NOI, Construct sand drift fence (Cont’d 9/15/10).  At the request of the applicant, Terry Gips moved to continue to Nov. 3, 2010; seconded by Patrick; passed 5-0.

5:34 pm
Gilroy, 83 Samoset, Map 28, Parcel 113, NOI, addition to dwelling and beach improvement  (Cont’d from 09/15/10).  Don Monroe represented the applicant, stating there will be additional vegetation.  The proposed plan is less detrimental than what Natural Heritage recommended (see 9/15/10 meeting minutes).  Don Munroe will supply future beach renourishment calculations.  Ginie Page moved to approve the NOI; seconded by John DiBlasio; passed 5-0.  Supervisor:  Terry Gips

5:38 pm
Yankelovich, 374 King Phillip Rd., Map 35, Parcel 182, NOI, extend rock revetment (Cont’d 9/15/10)   This is scheduled for November 3, 2010.

5:40 pm
Fifty Harding Lane Trustee, 50 Harding Lane, Map 15, Parcel 42, New foundation and septic.  Dan Croteau of Moran Engineering represented the applicant.  This will be a four bedroom septic.  He stated that currently, there is only a crawl space with a Cape Cod cellar.  He stated he will present the project to the Board of Health for variances for the septic.  The elevation of the house will be three feet higher after the new foundation is installed.  The Commission requested protocol for construction and removal of materials. The commissioned recommended the removal of the locust trees near the leach field.  Conditions: pre-site visitation, revegetation, construction material to be removed from site, written permission from abutters, drip lines, concrete over pour,   Ginie Page moved to approve the NOI; seconded by John DiBlasio; passed 5-0.  Supervisor:  Ginie Page

6:00 pm
Spar, Off 0 Bay View Ave, Map 35, Parcel 212, Amendment for revetment.  Ginie Page recused herself.  Don Monroe of Coastal Engineering recommended he present both Kandel and Spar at the same time.  He presented pictures of the current revetment, identifying how the wall has been displaced.  Due to the anticipated storms, placeCityMonroe stated the wall requires strengthening and a higher elevation.  Agent Greenberg-Lemos requested verification that re-nourishment had been done on the Kandel’s property.   There was discussion regarding intensive re-nourishment and vegetation, but Munroe stated the revetment is not engineered properly at this time and no matter how much you re-nourish and vegetate, it won’t last in the long run.  FEMA elevation is 15’ and Coastal Engineering would like 17’ elevation.  There was discussion regarding the return at the north end of the wall, and the impact of the waves on this section..  Monroe stated if there is a substantial amount of re-nourishment, it would solve the problem with the abutting properties.  Agent Greenberg-Lemos stated there is also concern that the salt marshes in front of the wall not be smothered by the sand from the re-nourishment.  Monroe will provide revised plans identifying repairs, fiber rolls, etc.  Terry Gips moved to continue both the Spar and Kandel hearings to November 3, 2010; seconded by  John DiBlasio; passed 4-0.           

Kandel, Off 0 Bay View Ave, Map 35, Parcel 214, Amendment for revetment Cont’d to November 3, 2010.

6:32 pm
Rockman, 36 Old Pier Rd., Map 22, Parcel 39, NOI, addition.  Emily Beebe and Chet Lay represented the applicant.  The property is within the ACEC, the house is located within the flood zone, and there is a buffer zone to the salt marsh.  Currently there are two decks and a sun porch, which will become bedrooms.  A breakaway foundation will be designed.  There was discussion regarding the lifting of the house to install the foundation, which the builder stated will be shored up.  Agent Greenberg-Lemos stated she required a construction narrative, foundation elevations, and a vegetation management Plan.  There will be no increase in bedroom count.  Terry Gips moved to continue to November 3, 2010; seconded by John DiBlasio; passed 5-0.

6:45 pm
Business Cont’d.

Jurisdictional Opinion

addressStreetDickinson  Way 625, replace stairs that go to Great Pond.  Patrick Winslow moved to approve the Jurisdictional Opinion; seconded by John DiBlasio; passed 5-0.

Shapiro, 99 Way #625 , removal of pines in various areas on the property.  Terry Gips moved to approve the Jurisdictional Opinion with the exception of the third item on the request; seconded by John DiBlasio; passed 5-0.

Rosen, 425 Lt. Island Rd., removal of dead trees, trimming of limbs, removal of dead limbs.  Ginie Page moved to approve the Jurisdictional Opinion; seconded by Terry Gips; passed 5-0.

December 15, 2010 will be devoted to a public hearing of the proposed revisions to our regulations regarding the ACEC and the flood plain.  There will be no scheduled hearings from applicants..  The relevant version of the regulations—the January 2010 draft—will be posted on the Town website, and members of other town committees and boards will be notified of the December 15 hearing.  Engineers will be notified that no applicant hearings will be held that night.

Terry moved to adjourn at 7:05 pm; seconded by Ginie Page; passed 5-0.     
    
Respectfully submitted,

Christine A. Bates, Committee Secretary