Minutes of Conservation Commission Public Meeting
Date: November 17, 2010
Time: 4:00 pm
Location: Town Hall
Commissioners Present: Chair Terry Gips, Ginie Page, Trudy Vermehren, John DiBlasio, Patrick Winslow, and Ed Simpson
Regrets: Lauren McKean
Staff Present: Agent Hillary Greenberg-Lemos and Christine Bates, Committee Secretary
4:00 - Business Meeting & Conservation Agent's Report
Chair Gips called the meeting to order at 4:00 pm.
Ginie Page moved to approve the 10/20/10 meeting minutes as amended; seconded by John DiBlasio; passed 4-0.
Ginie Page moved to approve the 11/03/10 meeting minutes as amended; seconded by Ed Simpson; passed 6-0.
Sibel Asantrugul came before the Board to discuss the Perot residence. She stated there are some structural changes, which adds 2 inches to the structure towards the water. There will also be an extension to the overhang of the deck as well as some walls, which does not touch the ground. Ed Simpson moved to accept the modified plans; seconded by Trudy Vermehren; passed 6-0.
Stossel, 5 Samoset: Dave Bennett and Gordon Peabody attended on behalf of Stossel. Bennett stated the erosion to the beach and shoreline adjacent to the Stossel property had undermined the septic. He also stated the system had been pumped and would not be used until made secure. He requested an emergency order to place sand where the erosion has taken place because this is a public concern and potential hazard. As part of the proposal, the existing wooden bulkhead would be extended to the edge of the concrete rubble which has also been uncovered by waves and tides over the past year. Gordon Peabody gave an overview of the reasons he believe this erosion took place, including jet stream, winds, storm velocity, storm tracks and wave action. He stated certain trends of El Nino
conditions impact the erosion. Agent Greenberg-Lemos stated it appeared that runoff from the road and nearby properties has created some of the erosion. Bennett stated he believes the original bulkhead was put there for erosion control, but was fundamentally not built correctly. Bennett stated they will file an after-the-fact NOI if the emergency order is approved. The Commission questioned the washout in the road area, and its source. Peabody stated the washout can be mitigated with stones, etc. The access for the trucks delivering sand will be from the parking area of the property. Revegetation as needed will be included. A drainage swale could be located near the washout. In response to a question by an abutter, Bennett explained the I/A system meets required specifications and that there should not be any wastewater issues. Bennett gave an overview of the I/A system which treats nitrates and explained the management practice.
Patrick Winslow stated many dwellings have upgraded their systems and they are operating better than the previous cesspools. An issue that came up in the discussion was the ownership of the land where the extended revetment would be built. It would be on the former Hiawatha Road and town landing which is now part of the beach adjacent to Sewells Gutter. In order to build on town land, Bennett would have to go before the Board of Selectmen. Agent Greenberg-Lemos stated the Commission can approve the sand but required additional information on the extension of the bulkhead. Bennett stated he doesn’t have an existing plan or a revegetation plan at this time. Bennett stated he would like Mark Vincent to be part of this project because of the road washout. John DiBlasio moved to approve the emergency approval to place sand and extend the bulkhead; seconded by Trudy Vermehren; passed 6-0, with conditions. Ginie Page will
be the supervisor. Agent Greenberg-Lemos recommended the Commission send a letter to the Board of Selectmen supporting the project and advising them of the erosion situation in the area. This was approved by the Commission.
The business meeting was closed at 5:27 pm.
Public Hearings 5:27 pm:
5:27 pm
Rockman, 36 Old Pier Rd., Map 22, Parcel 39, NOI, addition (Cont’d 11/03/10). Emily Beebe represented the applicant and provided revised plans identifying the locust trees to be removed, as well as other vegetation plans. She stated there was an informal meeting between Building Inspector, Paul Murphy, and the engineer who stated break-away-walls in the foundation would not be required based on the fact the dwelling is within the A zone rather than a V zone. Construction protocol was provided and the vegetation plan was altered for the bittersweet removal. Ed Simpson moved to approve the NOI with conditions; seconded by Patrick Winslow; passed 6-0. Supervisor: Judy Vermehren
5:42 pm
Glaze, 625 Old Wharf Rd., Map 35, Parcel 14, NOI, Construct sand drift fence (Cont’d 11/03/10). The applicant requested a continuation to 12/01/10. Terry Gips moved to continue to 12/01/10; seconded by John DiBlasio; passed 6-0.
5:43 pm
Spar, Off 0 Bay View Ave, Map 35, Parcel 212, Amendment for revetment (Cont’d 11/03/10). Ginie Page recused herself. The minutes of 11/03/10 were read to review what the Commission had requested. Terry Gips gave an overview of the discussions that took place at the previous meeting. Don Monroe represented the applicant and recommended placing the fiber rolls at an angle, and bury the toe stones under the fiber rolls. Monroe stated he would like to use a soft solution and monitor the project. Renourishment would take place when the fiber rolls are exposed. Monroe stated the fiber rolls will be angled landward, intersecting the projected property line as shown on the plan . A revised plan will be provided to the Agent. Trudy Vermehren moved to
approve the Amended NOI with conditions; seconded by John DiBlasio; passed 5-0-1. Supervisor: Terry Gips
6:03
Kandel, Off 0 Bay View Ave, Map 35, Parcel 214, Based on the joint hearing of Spar and Kandel, John DiBlasio moved to approve the Amended NOI; seconded by Trudy Vermehren; passed 5-0-1. Supervisor: Terry Gips
6:05 pm
Kahn, 30 Marsh View, Map 28, Parcels 224, 225, 228 and 207, RDA: Repair Fox Island Road. Ginie Page recused herself. Olga Kahn stated she will be working with the Browns Landing Trust Condo group which was previously approved by the Commission. The repair of the road in front of her property will follow the same conditions as those established for the Condo project. The work will take place in the spring. John DiBlasio identified the RDA as a Negative 3; seconded by Patrick Winslow; passed 6-0. Ginie Page requested that the statement be read into the minutes that the Conservation Trust does not share any financial burden or liability.
6:08 pm
Hay, 91 and 95 Commercial Street, Map 21, Parcels 129 and 128: Amendment to Order of Conditions
regarding Septic installation. Patrick Winslow recused himself. Chris Wickson of East Cape Engineering stated the amendment is for a change in the plan since the applicant will hook up to the town water and be able to reduce the size of the system, as well as move the work site farther away from the resource area. This is a shared system and will require state approval. Trudy Vermehren moved to approve the Amendment to the Order of Conditions; seconded by Ed Simpson; passed 5-0-1.
6:16 pm
Ruggles, 30 Kendrick Ave., Map 20, Parcel 1o-B, NOI, foundation repairs, exterior building renovation, add drywells and outdoor shower. The applicant requested a continuation. Terry Gips moved to continue to 12/01/10; seconded by Ed Simpson; passed 6-0.
Business meeting continued.
Jurisdictional Opinion: Finnis, 2250 Pond Ave, remove existing deck, reconstruct deck on same footprint. Terry Gips moved to approve the Jurisdictional Opinion; seconded by Ginie Page; passed 6-0.
Terry Gips stated she would like to devote time during the Dec. 1 business meeting to review the ACEC regulations in preparation of the December 15, 2010 public hearing. Terry will meet with Agent Greenberg-Lemos on 11/18/10 to discuss.
John DiBlasio moved to adjourn at 7:55 pm; seconded by Ed Simpson; passed 6-0.
Respectfully submitted,
Christine A. Bates, Committee Secretary
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