Minutes of Conservation Commission Public Meeting
Date: November 3, 2010
Time: 4:00 pm
Location: Town Hall
Commissioners Present: Chair Terry Gips, Ginie Page, Trudy Vermehren, John DiBlasio, Patrick Winslow, Patrick Winslow, Trudy Vermehren, Lauren McKean, and Ed Simpson
Staff Present: Christine Bates, Committee Secretary
4:00 - Business Meeting & Conservation Agent's Report
John Riehl, representing NRAB, (Nat’l Resource Advisory Board) requested to come before the Commission to discuss the ACEC as well determining if the Commission has jurisdiction over the shorelines of the ponds. Chair Gips stated the Commission will be holding a public meeting on the ACEC regulations. Jan Plaue of the Open Space Committee stated she would encourage educating the public about the wetlands and that the town have control of the ACEC areas. She informed the Commission there will be a working session including many agencies and Boards from the town on November 18, 2010 at 4:15 pm to discuss putting together educational materials to be presented in the spring or summer of next year. The topics will include Open Space, protection of the land, our waterways, and general information
for the public. John Riehl reported he had drafted a report on the ponds and stated NRAB is chartered by the town to do Harbor Management and they are also working on pond management. He stated additional sampling will be done at the ponds within the National Seashore by their personnel. Abutters to the ponds have stated they have seen deteriorating quality of the water. He stated there is over-use on the pond shorelines by people and shoreline erosion is affecting the quality of the water. There was discussion regarding the requirement for a Chapter 91 license for any docks, floats, and other structures in the water, and if the Commission and other Boards can play a larger role in protecting the shoreline as well as the quality of the water. Terry Gips will review the pond management plan and review the Chapter 91 requirements.
Jurisdictional Opinions:
Wenick, 120 Aunt Sarah’s Way, install water, power, and propane lines for generator and home. Also construct concrete platform for generator. Patrick Winslow moved to approve the Jurisdictional Opinion; seconded by John DiBlasio; passed 5-1-1.
Public Hearings
5:04 pm
Nazarian – Shellfish Grant. At the request of the applicant and lack of material from the agencies, Ginie Page moved to continue indefinitely; seconded by Trudy Vermehren, passed 7-0.
7:05 pm
Rockman, 36 Old Pier Rd., Map 22, Parcel 39, NOI, addition (Cont’d 10/20/10). At the request of the applicant, Terry Gips moved to continue to 11/17/10; seconded by Ed Simpson; passed 7-0.
7:05 pm
Glaze, 625 Old Wharf Rd., Map 35, Parcel 14, NOI, Construct sand drift fence (Cont’d 10/20/10) At the request of the applicant, Terry Gips moved to continue to 11/17/10; seconded by Ginie Page; passed 7-0.
5:08 pm
Yankelovich, 374 King Phillip Rd., Map 35, Parcel 182, NOI, extend rock revetment (Cont’d 9/15/10)
Peter Markunas represented the applicant. It was determined that the commission will hire a consultant to review the project. Markunas requested the consultant, the agent(s), and he have a consultation with plans provided to him prior to the next meeting. Markunas will see that the site receives beach nourishment during November and that he will take photos once the sand is in place. The Commission requested the drift fence remain at its present location so they could make a site visit on 12/01/10. He requested a continuation to 12/01/10. John DiBlasio moved to continue to 12/01/10; seconded by Patrick Winslow; passed 7-0.
5:12 pm
Spar, Off 0 Bay View Ave, Map 35, Parcel 212, Amendment for revetment (Cont’d 10/20/10)
Ginie Page recused herself. Jay Norton from Coastal Engineering represented both the Spar and Kandel applicants for a simultaneous discussion with the commission. The revised plan identified the fiber rolls to be placed at the return at the north end of the site. It was recommended there be a condition that the Conservation agent be at the site when the work starts. Coastal Engineering will agree to the 15’ elevation as recommended at the 10/20/10 meeting. Norton stated the setback from the adjacent property is null and void because the Conservation Trust owns all of the bank continuously in front of the Spar and Kandel properties, as well as in front of the abutter to the north. Andrew Petty had recommended to the Commission at the site visit that there be sacrificial fiber
rolls placed at the north end of the revetment which would be on the Trust property. Norton stated the fiber rolls would be destroyed if placed at the end of the revetment without any rocks in front of them Petty had also advised the Commission that the revetment end 15 feet before the property bounds. There was discussion where to locate the fiber rolls, possible debris on the beach from the fiber rolls, and the length of the revetment. Jay Norton stated he would like to discuss the recommendations with the applicant and requested a continuation to November 17, 2010. Terry Gips moved to continue to November 17, 2010; seconded by John DiBlasio; passed 6-0.
Kandel, Off 0 Bay View Ave, Map 35, Parcel 214, Amendment for revetment (Cont’d 10/20/10). (same as Spar). Continued to November 17, 2010.
5:47 pm
Business Meeting Continued
Jurisdictional Opinions
Outer Cape Health Services, pour concrete pad for generator (4’ x 10”). John DiBlasio moved to approve the Jurisdictional Opinion; seconded by Patrick Winslow; passed 7-0.
Marshall, 45 Forrest Rd., trees hanging over house, prune and remove dead limbs, remove one locust and one pitch pine, remove debris. Lauren recused herself. Ginie Page moved to approve the Jurisdictional Opinion; seconded by John DiBlasio; passed 6-0.
Simon, 430 King Phillip Rd., vista pruning. The Commission recommended this be an RDA. Ginie Page moved to have the applicant file an RDA; seconded by Ed Simpson; passed 7-0.
Walters, 15 Ring Road, remove oak saplings. The Commission recommended the trees be flush cut with no ground disturbance. John DiBlasio moved to approve the Jurisdictional Opinion; seconded by Ed Simpson; passed 7-0.
Kopf, 145 King Phillip Rd., removal of 17 pines and removal of dead limbs from other trees. The commission recommended a site visit as well as an RDA filing. Ginie Page moved to have the applicant file an RDA; seconded by Patrick Winslow; passed 7-0.
Bienvenu, 70 Catboat Road, top trees and shrubs on Lt. Island Rd. side of property from tree line to telephone pole. Remove one oak tree by back porch. It was recommended there be a site visit and an RDA filing. Terry Gips moved to having an RDA filed; seconded by Ginie Page; passed 7-0.
Trow, 370 Cove Rd., removal of 12 locust trees, 2 saplings pines, top other trees, remove brush pile. It was recommended a site visit be made and an RDA filed. Ginie Page moved to having an RDA filed; seconded by Trudy Vermehren; passed 7-0.
Meeting Minutes
John DiBlasio moved to approve the September 1, 2010 meeting minutes as amended; seconded by Ginie Page; passed 7-0 (ck attendance).
Trudy Vermehren moved to approve the September 15, 2010 meeting minutes as amended; seconded by Ginie Page; passed 7-0.
The members of the Commission stated they were not being notified by the engineers/applicants when projects were starting. They requested the Agent(s) notify them by e-mail if they received notification.
Terry Gips requested the Commission discuss ACEC regulations during one of the two upcoming meetings prior to the December 15, 2010 meeting.
Mail: Notice of forums: Watershed forums Nov. 18 in Harwich, and Waquoit.
Ocean Mgmt District of Critical Planning Concern, Cape Cod Comm. Coll, Wed. Nov. 11, 4pm.
State of the Harbor, Elementary School, Nov. 6, 2010, 8:30 am.
John DiBlasio moved to adjourn at 6:30 pm; seconded by Patrick; passed 7-0.
Respectfully submitted,
Christine A. Bates, Committee Secretary
| 