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Minutes of Conservation Commission Public Meeting
Date: August 17, 2011
Time: 4:00 pm
Location:Town Hall
Commissioners Present: Terry Gips, Ed Simpson, Lauren McKean, John DiBlasio and Trudy Vermehren
Regrets: Ginie Page
Staff Present: Hillary Greenberg-Lemos, Andrew Petty and Christine Bates
4:00 - Business Meeting & Conservation Agent's Report
Trudy Vermehren called the meeting to order at 4:05 pm.
Jurisdictional Opinions:
1.~ 30 Marshview, excavate foundation to ensure safety. Ed Simpson moved to approve the Jurisdictional Opinion; seconded by Terry Gips; passed 5-0.
2.~ 70 E. Commercial St., landscape front yard. Terry Gips moved to approve the Jurisdictional Opinion: seconded by Ed Simpson; passed 5-0.
Terry Gips reported Robert Mangiaratti made a presentation at the annual meeting of the Wellfleet Conservation Trust regarding “Who can go where along the seashore”, a summary of property law on MA Tidal Flats. Terry explained “navigating” is with boats or vessels as long as you are on water; “fowling” as “hunting/shooting birds” being able to use other people’s land to get to your destination, based on English common law. MA law chose to go to use mean/low water rather than mean high water in English common law. A copy of the report will be distributed to all members of the Commission.
Mail:
Letter from Rex Peterson regarding town-owned property asking Boards for remarks.
Notification of conference.
Newsletters
Meeting Minutes: Terry Gips moved to approve the 07/20/11 meeting minutes as amended; seconded by Trudy Vermehren; passed 5-0.
Business meeting adjourned at 5:00 pm.
Public Hearings 5:00 pm:
5:20 pm
McTeague, 349 Cove Road, Map 28, Parcel 23, 18 and 21, RDA, Pruning
Laurie McTeague stated she would like to prune the trees and has received permission from abutters. Macnamara Bros will be performing the work.~ Roots will not be removed. Terry Gips identified this as a Negative 3; seconded by Ed Simpson; passed 5-0. Letters from Betsy Terry and Jacqueline Trow were read into the record supporting the project
5:25 pm
Palmer, 70 Lookout Rd., Map 35, Parcel 7, RDA, Pruning. A letter from Ms. Palmer requested withdrawal without prejudice.
5:27 pm
Gilroy, 83 Samoset Ave, Map 28, Parcel 113, NOI, Rock revetment (Cont’d from 07/20/11). Roy Okurowski from Coastal Engineering stated that he had received the DEP number. He stated they are dropping the toe stones to elevation 2 so the work will not have to be redone in the future. Ed Simpson moved to approve the NOI; seconded by John DiBlasio; passed 5-0. Work will be performed in the off season. Roy needs to supply calculation of renourishment. Supervisor: Ed Simpson
5:38 pm
Cooney, 3 Kendrick Ave., Map 21, Parcel 112, NOI, new dwelling (Cont’d from 07/20/11). Attorney Ben Zehnder represented the applicant, and introduced Chet Lay, Stan Humphries, and Charles Orr, Architect. He stated he does not feel this will have to go to the Zoning Board of Appeals. Soil borings were reviewed by the Commission during a site visit and felt to be consistent with the delineation previously given. Humphries stated the borings identified the land as a dune. Chet Lay presented a survey map from 1848 identifying the location and an 1880 map identifying the development in the area. Zehnder stated this project will not require a Chapter 91 filing. Design changes were described to the commission. The changes to the structure(s) will be: the
detached garage has been eliminated and a tandem garage will be built, and a new septic system will be constructed. There will be a turnaround for the vehicles as well as additional parking. The crescent shaped steel wall constructed on footings with holes or slots will be placed to provide a screen from the WHAT theater. Dyed concrete or stone privacy walls will be placed on either side, perpendicular to the water, thus not preventing storm flowage. The plantings on the west wall were questioned. There was discussion regarding a storage area in a crawl space. Andrew Petty explained since this is within the 100 foot buffer zone, it would be best to allow sand. The first and second floor will contain all mechanicals so that they are not subject to flooding. The reflection pool will be a pre-formed pond for landscaping purposes and it was suggested a drywell be incorporated for cleaning purposes. The Commission requested a design of the steel wall. Terry Gips
questioned the proposed privacy walls and the safety issues with children. The Commission requested the applicant re-design the steel wall, provide a revised landscape/planting plan, provide plans for the pavers/patio area, provide new plans for the crawl/storage area, and identify the drywells for the property. Agent Greenberg-Lemos also recommended submitting a septic plan prior to the next meeting. Terry Gips moved to continue to September 7, 2011; seconded by Lauren McKean; passed 5-0.
6:43 pm
Blasch, 1440 Chequessett Neck Rd., Map 18, Parcel 8, Certificate of Compliance (Cont’d from 07/07/11).~ Lauren McKean recused herself.~ Attorney Ben Zehnder stated the drainage on the driveway will be redesigned to be in compliance. He does not know how long it will take and would like to work with the agents. He therefore requested to withdraw the request for Certificate of Compliance. Terry Gips moved to approve the withdrawal without prejudice; seconded by Trudy Vermehren; passed 4-0-1.
6:45 pm
Vulliet, 65 Samoset Ave, Map 28, Parcel 116, Certificate of Compliance. Agent Greenberg-Lemos stated the project is in compliance and the driveway is pervious. Ed Simpson moved to approve the Certificate of Compliance; seconded by Terry Gips; passed 5-0.
6:48 pm
Town of Wellfleet, Kendrick Ave, Map 21, Parcel 116, RDA, Installation of monitoring well. Agent Greenberg Lemos stated this is an application for the Comprehensive Wastewater Planning Committee and gave an overview of the project. She explained cultch has been placed in the harbor area and the monitoring well is part of the project. Terry Gips moved to identify this as a Negative 2; seconded by Lauren McKean; passed 5-0.
5:01 pm
Town of Wellfleet, Hamblen Park, Map 15, Parcels 150 and 151, RDA, enhancement of park. Frank Corbin, Steve Durkee and Denny O’Connell represented the Town. There is an erosion issue and some vista pruning is required. Corbin stated they would like a small sign recognizing Arthur Hopkins, who donated the land in 1931and possibly some signs for paths. Agent Greenberg-Lemos suggested grant opportunities from Barnstable Land Management. Agent Greenberg-Lemos stated the Board of Selectmen would have the final say regarding the property. Repair of steps will be done as well as the possibility of placing some benches in certain areas. Denny O’Connell stated he is in full support of the program as this is the first piece of land given to the town. Frank Corbin will be the “point” man. John
DiBlasio identified this as a Negative 3; seconded by Terry Gips; passed 5-0.
Benevento, 124 Route 6, Map 47, Parcel 24, NOI, demolition of existing dwelling, construct new dwelling and pool. Keith Fernandez, Attorney Ben Zehnder, and Leo Coonis, Bog manager, came to the table. Fernandez stated the existing work was approved by the Building Inspector. He stated the railroad ties in the basement area of the one bedroom unit were replaced with a concrete retaining wall, which was in the buffer zone. Zehnder reported this application was before the ZBA and the Board requested another solution to reduce the front setback issues, which then put the project within the buffer zone. Fernandez gave an overview of the project, stating the two sheds and a concrete block will be removed. Five trees will be removed to install the pool and surrounding patio area. Zehnder
stated the applicant wants to utilize the path that goes into the cranberry bog in order to transport sand from the pool area. Leo Coonis, a bog manager, gave an overview of bog management and stated a bog should be sanded every three years. He stated he has put in a water control system for the cranberry bog which is considered an active farm. Terry Gips expressed concern about the work done on the property which should have come before the Commission. Gips requested the cover letter be reissued identifying the work that was completed, along with a construction protocol and updated planting plan. Zehnder stated he was going before the ZBA and will advise them that this project will require a final approval from the Conservation Commission after DEP responds, and that in general, the Conservation Commission was in favor of the project. Terry Gips moved to continue to September 7, 2011; seconded by Trudy Vermehren; passed 5-0.
Trudy Vermehren moved to adjourn at 7:30 pm; seconded by Terry Gips; passed 5-0.
Respectfully submitted,
Christine A. Bates, Committee Secretary
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