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Cons Comm Minutes 06/05/13
Approved

June 5, 2013
Conservation Commission Meeting Minutes
Town Hall

Attendees:  Terry Gips, Ed Simpson, Lauren McKean, Cary Rea, John Portnoy, and Ginie Page.  Staff:  Hillary Greenberg-Lemos and Christine Bates
Regrets:  Trudy Vermehren

Business Meeting 4:00
Terry Gips opened the business meeting at 4:10 pm.

MAIL:
•       Letter from Agent Greenberg-Lemos  regarding dumping at 45 Blue Heron Road
•       A letter from The Inn at Duck Creek stating the parking area was not resurfaced.  There is a walk-in cooler located at rear of property and a one foot trench was dug to the cooler for electricity.  Agent Greenberg-Lemos  recommended an after the fact filing for an RDA; Ginie Page moved to have the Inn at Duck Creek file an RDA; seconded by Ed Simpson; passed 6-0.
•       Agent Greenberg-Lemos reported there will be changes to the vernal pool process from the Div. of Fisheries/Wildlife.  There will be no notification of newly designated pools, but new designations will be published on the web.  It was recommended vernal pools be added to our local procedures list. [Not sure what this refers to.- JP]
•       APCC – Shorelines: one article on herring counts conducted by volunteers at various towns on the Cape.
•       FEMA correspondence received on June 4, 2013 notifying there will be two meetings on the Cape on 17 July 2013 regarding their draft revised Flood Insurance Rate Maps .    10:00 -12:00 Chatham Community Center and 2:00 – 4:00 Barnstable Town Hall.
•       Americorps presentation:  Lindsay and Joelle gave an overview of the programs conducted on Cape Cod.  A brochure of 2011 – 2012 Report to the Community, Program Structure was distributed as well as guidance for  requests for proposals sheet.    Joelle provided an overview of activities in Wellfleet.  Distributed to the commission was a sheet identifying Town LCP Research tools as well as a survey sheet.  The Commission will review the needs and specific items for Americorps to work on in Wellfleet for next year.
•       The commission reviewed the town by-laws regarding vehicular access to shellfishing areas  (Section 24).  The Commission reviewed the access at Indian Neck and noted that Conservation Commission jurisdiction beyond 100 feet of  the coastal bank depends on the absence of glacial deposits under this apparent sand spit; if the spit is composed only of Aeolian (wind-blown) deposits, the Commission has jurisdiction.  This needs investigation..  Terry Gips provided an aerial photograph taken in March 2012 of Indian Neck showing where people drive and the damage being done to the vegetation.  To prevent further damage and begin some restoration, the Commission would like to revegetate and place fencing in certain areas. Americorps will determine how much fencing and plantings are needed.    It was noted that vehicular damage to vegetation is likely caused by recreational boaters (kayaks) as well as shellfishermen..  Lauren McKean recommended doing a phased program with beach grass plantings taking place in the fall.  A proposal will be put together to present to the Shellfish Advisory Board as well as recommendations to the Board of Selectmen.  

Public Hearings: 5:04 pm

Fitzsimons, 100 Ione Rd, Map 28, Parcel 71, RDA, remove trees.  A site visit was made by the commission.  Carol Fitizsimons stated she would hire a landscaping company to cut and remove the trees, which she believes will be chipped.  Because there is rare prickly pear on the property, Agent Greenberg-Lemos suggested there be no driving on the property and that vehicles be left  on Nauset Road.   Lauren McKean identified this as a Negative 2; seconded by Ginie Page, passed 6-0.
        
Berger, 50 Pine Point Rd, Map 21, Parcel 67, RDA, Construct 8 x 8 shed.  A site visit was made.  Cary Rea identified this as a Negative 3; seconded by John Portnoy; passed
6-0.

Cancilla, 96 Wigwam, Map 35, Parcel 154, RDA, remove trees.  A site visit was made.  Ms. Cancilla stated the area where the pine trees are located acts like a wind tunnel.  Ms. Cancilla stated she would hire a company to remove the trees and if there are any bare areas after the removal of trees, bearberry or blueberry would be planted.  Cary Rea identified this as a Negative 3; seconded by Ginie Page; passed 6-0.     
        
335 Main Street, Preservation Hall)  Map 14, Parcel 173, RDA, construct 8 x 12 shed.  John Portnoy recused himself.  A site visit was made.  Ann Suggs gave an overview of the project, stating the shed would be placed on cinder blocks.  The site plan provided with the application was long out of date (1976), did not show current conditions and misidentified the proposed shed location.  The commission requested a revised plan that represents existing conditions and identifies the location of the proposed shed, the size of the cinder blocks, and any proposed plantings and pathways.  Ed Simpson moved to continue to 06/19/13; seconded by Cary Rea, passed 5-0.   

Zimmerman, 100 Way #26, Map 18, Parcel 3, AOOC.  Lauren McKean recused herself.  John O’Reilley represented the applicant and stated the spa would be relocated, the decks would be reconfigured, and the limit of work on the north side of the dwelling would be altered.  There will be an  increase of structure within the buffer zone, although the total footprint of new structures on the site has been slightly reduced, and the limit of work around the building will consequently be scaled back.  Natural Heritage had no issues with the change.  The hot tub will discharge into  drywell.   Ginie Page moved to approve the Amended Order of Conditions; seconded by John Portnoy; passed 5-0.
 
Gilson, 1400 Cheq. Neck Rd., Map 18, Parcel 6, NOI, reconstruct beach stairs.  Cont’d from 05/15/13).  Chet Lay represented the applicant and the builder provided photographs of the design which provides a pivot to retract  the bottom section of the stairs during winter.  There are breeding piping plovers in the area; therefore, the beach  will be surveyed by an authorized ornithologist  to determine when work can be performed.  All debris will be carried up the bank.  John Portnoy moved to approve the NOI; seconded by Ed Simpson; passed 5-0.  Supervisor:  Cary Rea.  

Athans, 206 B Kendrick Ave., Map 20, Parcel 28-G, NOI, new pervious driveway and parking area.  At the request of the applicant, Terry Gips moved to continue to August 7, 2013; seconded by Ginie Page; passed 5-0.  

Wright, 0 Blackfish Creek  At the request of the applicant, Terry Gips moved to allow the application withdrawn without prejudice, seconded by Ginie Page, passed 5-0.

Henrickson, 0 Blackfish Creek, At the request of the applicant, Terry Gips moved to allow the application be withdrawn without prejudice; seconded by Ginie Page; passed
5-0.

Wales, 0 Blackfish Creek, At the request of the applicant, Terry Gips moved to allow the
application be withdrawn without prejudice; seconded by Ginie Page; passed 5-0.

Patterson, 0 Blackfish Creek, At the request of the applicant, Terry Gips moved to allow the application be withdrawn without prejudice, seconded by Ginie Page, passed 5-0.

Comly, 0 Blackfish Creek.   Ginie Page moved to deny the application because there was a lack of  information, seconded by John Portnoy; passed 5-0.

Pechonis, 135 Old Truro Rd., Map 8, Parcel 164, Convert barn to single family dwelling.  At the request of the applicant, Terry Gips moved to continue to 07/17/13; seconded by Ed Simpson; passed 5-0.

Taylor Mgmt LLC, 165 3rd St., Map 40, Parcel 104, demolish and reconstruct dwelling, new septic.  At the request of the applicant, Terry Gips moved to continue to 07/17/13; seconded by John Portnoy, passed 5-0.

Reisinger, 240 Blue Heron Road, Map 41, Parcel 20, NOI, construct new dwelling.  At the request of the applicant, Terry Gips moved to continue to 07/17/13; seconded by Ed Simpson; passed 5-0.

Business meeting continued:

There will be no meeting on 07/03/13.

Jurisdictional Opinion:  Gull Pond,  Place stone at the end of the Mobi-mats as well as a small amount of spot filling to level the Mobi-mats.  Ginie Page moved to approve the Jurisdictional Opinion; seconded by  John Portnoy; passed 5-0.

Ed Simpson moved to adjourn at 6:15 pm; seconded by John Portnoy; passed 5-0.

Respectfully submitted

Christine A. Bates, Committee Secretary