Approved
~Conservation Commission
Date: August 15, 2012
Time: 4:00 pm
Location:Town Hall
In attendance: Co-Chair Terry Gips, Co-Chair Trudy Vermehren, Ginie Page, Lauren McKean, Ed Simpson, Cary Rea, and John Portnoy. Staff: Hillary Greenberg-Lemos
4:00 - Business Meeting & Conservation Agent's Report
Gull Pond: The Commission questioned if Jack’s Boat Rental was in violation of the contract. Trudy Vermehren moved to have a letter sent to Paul Sieloff and the Selectmen stating the resources are being degraded by Jack’s Boat Rental with boats being stored on the shoreline which is in violation of the contract (a photograph will be included with the letter), copying the Beach Administrator; seconded by Campbell Rea; passed 6-0.
70 Mill Creek Lane – Jurisdictional Opinion:~ Removal of trees. Terry Gips moved to approve; seconded by Trudy Vermehren; passed 6-0.
Dixon, 230 Lt. Island Rd., Site Plan: Agent Greenberg-Lemos stated there is a small amount of fill in the buffer zone, but that she is ok with that. A file will be established which will include the various letters, plans, etc. Trudy Vermehren moved to accept the site plan as submitted; seconded by John Portnoy; passed 7-0.
250 Gull Pond Road, Drainage Swale: Trudy Vermehren recused herself.~ The Commissioners discussed their visit to the site and concluded that the project was in compliance and that no action need to be taken by Cons Com. Supervised by John Portnoy.
Precautionary Principle: There was discussion regarding the burden of proof, engineers promoting their agenda, evidence presented to the commission, audience participation, and the commissions’ interpretation of local bylaws. It was agreed that the Precautionary Principle as articulated in the circulated document was useful as a complement and reinforcement of the Wetlands Protection Act.
Agent Greenberg-Lemos stated she attended court on the Valli case re: his barge in Chipman’s Cove. There will be another court appearance in September and Ms. Greenberg-Lemos was advised not to issue any more violation tickets.
Agent Greenberg-Lemos reported she had granted an emergency repair to a granite stairway on King Phillip Road due to injuries to tenants.
John Portnoy moved to approve the amended July 18, 2012 meeting minutes; seconded by Ginie Page; passed 6-0.
John Portnoy and Cary Rea gave an overview of a seminar/meeting he attended put on by the Center for Coastal Studies on effects of climate change on Cape Cod.
Agent Greenberg-Lemos reported the Comprehensive Waste Water Committee would be holding a public forum on August 20, 2012.
Public Hearings 5:00 pm:
Brimm, 160 3rd St., Map 40, Parcel 102, NOI, shorefront revetment (Cont’d from 07/18/12) Due to the lack of a response from Natural Heritage, the applicant requested a continuation to September 5, 2012. Terry Gips moved to continue to September 5, 2012; seconded by Trudy Vermehren; passed 7-0.
2 Ctr Plaza Nominee Trust, 150 3rd St., Map 40, Parcel 98, shorefront revetment (Cont’d from 07/18/12). Terry Gips moved to continue to September 5, 2012; seconded by Trudy Vermehren; passed 7-0.
Cape Cod Nat’l Seashore, Long Pond Rd., RDA, Install split rail fencing and beach parking (Cont’d from 07/18/12). Lauren McKean recused herself Agent Greenberg-Lemos read a letter from Superintendent George Price stating they were withdrawing the RDA. They will have instead public access by foot or bicycle only, 2 picnic tables and 1 bike rack in the pre-existing circular driveway with modest signage. The proposed work does not require any filing because the work does not include any activities regulated by the Wetlands Protection Act. There was discussion regarding potential damage to the resources and water quality with the audience. It was recommend that further inquiries from abutters should be directed to the Park. One person from the audience suggested a moratorium on any projects at
the pond be put in place for one year and that the traffic flow and impact to the pond be monitored. Although the Commission is very interested in the issues, the commission stated they did not have jurisdiction to take any action. Trudy Vermehren moved to allow the Cape Cod National Seashore withdraw their request for the RDA with no prejudice; seconded by Campbell Rea; passed 6-0. Trudy Vermehren made a motion to send the co-chairs of the Commission to meet with the Park Superintendent; seconded by Ed Simpson; passed 6-0.
Gedrich, 41 and 45 Crest Ave, Map 35, Parcels 87.2 and 87, NOI, removal of scrub oak clusters and replacement with natural species. Chet Lay represented the applicant and stated that much of the cutting had already been done. He gave an overview of trees that were cut as well as additional tree removal they want to perform, which will be replaced with low growing plants such as bayberry and blueberries. The Commission requested a new replanting plan identifying the specific plants and locations. Terry Gips moved to continue to September 5, 2012; seconded by Ed Simpson; passed 7-0.
Famulare, 2060 Weatherly Ave, Map 20, Parcel 19, RDA, construct 3 season room and rebuild deck. Mr. Famulare gave an overview of the project. Ginie Page identified this as a Negative 3; seconded by Ed Simpson; passed 7-0.
Rispoli, LLC, 15 LeCount Hollow Rd., Map 30, Parcel 22, Amended Order of Conditions for deck and additions (Cont’d from 07/18/12). Attorney Ben Zehnder represented the applicant. The Commission made some general recommendations and requested a planting plan to correct the current situation be submitted. At the request of the applicant, Terry Gips moved to continue to September 5, 2012; seconded by Trudy Vermehren; passed 7-0.
Emmons, 119 Hamblen Farm Rd., Map 19, Parcel 13, NOI, well and septic upgrade (Cont’d from 07/18/12) John Portnoy and Laruen McKean recused themselves. David Lajoie represented the applicant and reiterated that the applicant wants a two bedroom where the current dwelling is and a 24’ x 24’ two bedroom dwelling on the other lot, once it is subdivided. He stated a split rail fence would be placed around the work limit. Attorney Ben Zehnder stated the split rail fencing would reduce the use of the property toward the resources. Abutter Sarah James stated there is little upland and the proposed septic system is close to the resources, and several trees will have to be removed from the work site; she feels the proposed project is too large for the property. Lajoie stated the new dwelling would be
576 sq. ft. and the existing lot coverage of sheds and decking is 552 sq ft which will be removed. Lajoie gave an overview of an I/A septic system which significantly reduces nitrates. There was extensive conversation regarding the proposed size of the dwelling and the small amount of upland to build on, as well as a parking area and plantings. Audience members did not feel the new plans submitted were any different than what was originally proposed. Attorney Zehnder requested a continuation. Terry Gips moved to continue to September 19, 2010; seconded by Ed Simpson; passed 5-0.
Trudy Vermehren moved to adjourn at 6:45 pm; seconded Gini Page; passed 7-0
Respectfully submitted,
Christine A. Bates
Committee Secretary
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