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Cons Comm Minutes 11/06/13
Approved
November 6, 2013
Conservation Commission Meeting Minutes
Town Hall
Attendees:  Terry Gips, Trudy Vermehren, Ginie Page, Ed Simpson, Lauren McKean, Cary Rea and John Portnoy
4:00 - Business Meeting & Conservation Agent's Report
Mail:  
•       Board of Health Regulations:  review content regarding the application of fertilizer use.  To be reviewed on 11/20/13.
•       Correspondence  from FEMA to the Board of Selectmen acknowledging receipt of two comments  from Wellfleet citizens regarding the new preliminary Flood Insurance Rate Maps s.
•       Bob Boehringer sent a letter regarding a disposal bin that was placed on vegetation at 10 Bayview Ave.; he said that the site will be revegetated.  
•       Notice from Agent Greenberg-Lemos to Ruby Wright (White?) that  selective cutting and pruning  requires notification of  the Conservation office.
•       Letter from Agent Greenberg-Lemos to Carl Oley regarding the prohibition of vehicle parking on Gull Pond shoreline.  
•       Notification of a meeting scheduled for Nov. 16, 2013 for members of town boards and committees to discuss long-term sustainability.
Lauren McKean reported she and other participants will have a meeting on 11/7/13 regarding the finances required for repairs to the Gull Pond parking lot.  There was discussion regarding the Mobi-Mats.  Removal of the northern-most stairway, revegetation, installation of picnic tables and additional paths for the area are also proposed.  Agent Greenberg-Lemos will ask the Town Administrator to contact Jack’s Boat Rental about removing their  shed on town property at Gull Pond.  
Jurisdictional Opinions:
The Bernsteins, 139 Naughaught Road, request to remove one tree and barberry vines.  Trudy Vermehren moved to approve the Jurisdictional Opinion; seconded by Ed Simpson; passed 7-0.        
Friends of Herring River, Chequessett Neck Rd., conduct borings on road to assess soil and install observation well.  Trudy Vermehren moved to approve the Jurisdictional Opinion; seconded by Ginie Page; passed 5-0.  John Portnoy and Lauren McKean recused themselves.
Agent Greenberg-Lemos wrote to Handman regarding money to be returned (kayak payment)., She also  reported that the Beach Dept. had not issued any tickets for boats left on town property this year.  Terry Gips suggested doing an assessment on the kayak racks / success in December 2013.
Mayo Creek – John Portnoy stated several people have been asking him about the status of the project.  Agent Greenberg-Lemos reported Curt Felix (for the Wastewater Committee) visited several people in Harborside Village and several homes in the area who have concerns with the quality of water.  John Riehl (for the NRAB) and Curt Felix have been talking about municipal water for Harborside Village.  Besides water supply, there are concerns for raising the water level under three or four residential leachfields that are already close to the water table. The Commission would like to have the other committees’ report to keep the commission up to date.  Agent Greenberg-Lemos stated she will soon be having a meeting with Riehl and Felix and will inform John Portnoy of the date.  
RDAs vs NOI – to be discussed at the next meeting.
Public Hearings 5:00 pm:
Eurich, 1065 Cheq. Neck Rd., Map 19, Parcel 91, Certificate of Compliance (cont’d).  At the request of the applicant, Ginie Page moved to continue to 11/20/13; seconded by John Portnoy;  passed 7-0.
Parkinson, 290 Paine Hollow Rd., Map 35, Parcel 203, NOI, expand house, new foundation and new septic (cont’d).  All paperwork was received from DEP and Natural Heritage. Lauren McKean moved to approve the NOI; seconded by John Portnoy; passed 7-0.  Terry Gips, supervisor.
DeMoss, 30 Ione Road, Map 28, Parcel 60, NOI, upgrade septic (cont’d).  All paperwork was received.  Trudy Vermehren moved to approve the NOI; seconded by Ginie Page; passed 7-0.
Bernstein, 139 Naughaught Bluffs, Jurisdictional Opinion, remove trees, apply fertilizer.  Previously approved.
Marschall, 45 Forrest Rd., Map 16, Parce.  l 619, NOI, additions and new septic (Cont’d).  Lauren McKean recused herself.   David Lyttle and Steve Curley represented the applicant.  A secondary limit of work was installed.  Lyttle gave an overview of the revised site plan, storm run-off, planting notes and the construction protocols.  Lyttle stated that the addition is on the opposite side of the house relative to  the resource areas, i.e. Long Pond shoreline.  Lyttle stated the application will be heard at the next ZBA hearing.   Lyttle stated that the applicant would include a drainage trench, downhill from the gravel parking area and cleaned annually, as a condition for the Commission’s approval.  Trudy Vermehren moved to approve the NOI with conditions; seconded by Cary Rea; passed 6-0.  Supervisor:  Trudy Vermehren      
Athans, 206 B Kendrick Ave, Map 20, Parcel 28-G, NOI, new pervious driveway and parking area (cont’d).  David Lajoie represented the applicant and gave an overview of the revised preliminary plan dated 10/24/13 which consists of two parking spots close to the dwelling and another two parking spots located to the northeast of the property.   The amount of fill would be reduced significantly.   Portnoy read the regulation regarding fill.  There was further discussion regarding the terminology of “fill” and the definition of the local bylaw.  Trudy Vermehren  questioned the need for so many parking spaces. Shifting the retaining wall to the north was discussed as an alternative to filling land to the south.  David Lajoie requested a continuation.  Ginie Page moved to continue to 11/20/13; seconded by Cary Rea; passed 7-0.  
Behan, 280 Pilgrim Rd., Map 25, Parcel 6, remove dwelling and septic (cont’d).  Lauren McKean recused herself.  David Lajoie represented the applicant and stated the building is in danger of  falling over the coastal bank.  He gave an overview of the demolition project.  The dwelling will be removed and revegated with beach grass.  The applicant would like to maintain the well at the present time on the property.  Ginie Page moved to approve the NOI; seconded by Ed Simpson; passed 6-0.   Supervisor:  Ginie Page
Jacobson/Pinter, 31 4th St., Map 40, Parcel 79, NOI, construct dwelling (Cont’d).  At the request of the applicant, Terry Gips moved to continue to 11/20/13; seconded by John Portnoy; passed 7-0.  
Bruno, 55 7th St., Map 40, Parcel 143, RDA, construct deck.  At the request of the applicant, Terry Gips moved to continue to 11/20/13; seconded by John Portnoy; passed 7-0.
Blasch, 1440 Chequessett Neck Road, AOOC, replacement of beach stairs.  At the request of the application, John Portnoy moved to continue to 11/20/13; seconded by Ed Simpson; passed 7-0.
Mellor, 790 Ocean View Drive, Map 17, Parcel 4, NOI, garage on existing dwelling to be demolished, remaining structure to be moved 75’ to the west, remove well, and install new septic system.  Lauren McKean recused herself.  Chet Lay and Ms. Mellor came before the Board.  DEP and Natural Heritage responded to the necessary paperwork.  The proposed patio will be in the jurisdiction of the Conservation Commission.  The five foot foundation under the dwelling will be demolished, concrete removed, and revegetation will take place.    The applicant proposed leaving the existing well  in place until it is about to fall over the eroding bank; however, Portnoy recommended having a well driller pull  the well out when construction takes place so that the casing and pump can be captured before they fall onto the public beach.  The root systems of existing vegetation will remain on the property.  Trudy Vermehren moved to approve the NOI with conditions; seconded by Ed Simpson; passed 6-0.  Supervisor:  Ed Simpson  
Amsler, 313 Main St., Map 14, Parcel 177, NOI, two 10 x 12 sheds.  Chet Lay and Charles Amsler came to the table.   Chet Lay stated the sheds would be used for storage, placed on round blocks, have shed roofs with drywells for drainage.  Charles Amsler stated that he will use plantings on the sheds and people will be able to stand on the sheds which will have railings.  Terry Gips stated this is 240 sq. ft of new site coverage in a very fragile area.  The commissioners are concerned with the intensity of use.  Amsler stated the tenants require additional storage for their business.  Mr. Amsler stated he would like to relocate the stairway.   Portnoy stated the area behind Main Street has not been protected as well as could be and there should be more protection of the property within a 100’ buffer, per the town’s Environmental Bylaw.   Ben Zehnder identified himself as representing the owner of the liquor store and identified the right of way and easement, which is utilized by vehicles servicing all the commercial businesses.  The sheds could cause vehicle traffic towards the wetlands.  The commission requires a clearer picture of what activity will be taking place in the location.  Amsler stated the gates were placed to allow passage on the stairway and also allow no distractions to a current tenant.  Chet Lay requested a continuation to November 20, 2013.  Terry Gips moved to continue to 11/20/13; seconded by John Portnoy; passed 7-0.        
Lanza, 113 4th St., Map 40, Parcel 118, NOI, demolish and rebuild dwelling.  Chet Lay represented the application stated the existing 2 story dwelling will be demolished, but the foundation will be reused.   Plans and design of the dwelling were distributed.  The applicant stated that anew foundation may be required. If so, the Commission requires additional information i regarding current and proposed  coverage as well as an engineered plan.  The Commission also requested additional information regarding the proposed walkways and plantings.  Trudy Vermehren moved to continue to 11/20/13; seconded by Ginie Page; passed 7-0.
Trudy Vermehren moved to adjourn at 6:55 pm; seconded by Ginie Page; passed 7-0.   
Respectfully submitted,
 
Christine A. Bates, Committee Secretary