Minutes of Conservation Commission Public Meeting
Date: October 3, 2007
Time: 4:00 pm
Location: Town Hall Hearing Room
Commissioners Present: Co-Chair Dottie Dolan, Co-Chair Ed Reynolds, John DiBlasio, Cyndi Moe Terry Gips, and Ginie Page
Staff Present: Hillary Greenberg, Conservation Agent, Andrew Petty, Assistant Conservation Agent and Christine Bates, Committee Secretary
4:00 - Business Meeting & Conservation Agent's Report
Co-Chair Dottie Dolan opened the meeting at 4:09 pm. Terry Gips, a new member, was introduced to the commission.
The Meadow Avenue landing is a non-issue because MESA will not allow any work to be done on the property as it is a habitat for turtles and plovers. The Coastal and Pond Access Committee had wanted to have additional parking on this site. Agent Greenberg and the Town didn’t think additional parking areas were needed at the location. Greenberg suggested putting a sign at the top of the bank on town land. She will write a letter to the Coastal and Pond Access Committee and copy the Selectmen.
Agent Greenberg reported Ritter went to the Selectmen meeting to discuss the Bayberry Hill Trail. She stated she will not respond to him any further as the matter is closed. The entrance to the path needs a sign identifying correct entry to the trail. Greenberg will request the DPW make signs stating “respect private property”, as well as a new sign designating the entrance to the trail.
Conservation Restriction: 1.26 acres, Moses Hinkley Rd, Dr. Rinzler, owner, wants to maintain a permanent Conservation Restriction. The owner will keep and maintain their house. The Commissioners signed off on the Conservation Restriction.
Jurisdictional Opinion: 15 commercial Street, Lawrence Biron, install a 8 x 10 shed (Cove Gallery). Cyndi Moe moved to approve the Jurisdictional Opinion; seconded by John DiBlasio; passed 6-0.
Agent Greenberg reported the Herring River Restoration Committee will have a meeting on 10/4/07 at the Senior Center from 1 pm to 5 pm. The topic is the Conceptual Restoration Plan.
Paul Banner wrote a letter regarding beach clean up. He stated he feels the property owners facing the beach should clean up the chink stones and beaches, not the Associations. Paul suggested we revise our bylaws. Agent Greenberg suggests the Commission work out the specifics and craft it to include beach renourishment, as well as beach clean up. Banner also expressed concern regarding the netting on the beaches and stated the Shellfish Constable has not provided any advice. There is concern with turtles getting wrapped up in the netting. Agent Greenberg will get in touch with Donald Liptack of the National Resource Conservation Services. The organization will pick up netting.
Agent Greenberg advised the Commission that Ann Hile has a lawyer involved with the property on Pond Avenue regarding a house to be built. Paul Murphy, Building Inspector, has identified the lot as being grandfathered and the people can build according to the bylaws. Agent Greenberg will keep the Commissioners advised. There is no further action by the Conservation Commission.
DiBlasio stated he had been doing some research on erosion in Denmark and Wisconsin and had some information to share with the Commissioners if they wanted it.
Greenberg reported there will be a meeting with the Conservation Commission Network at the Barnstable County Superior Courthouse on 10/18/07 in Rooms 11 and 12 from 1 pm to 3 pm regarding floodplain regulations.
Greenberg gave an update on the Danforth property.
Dottie Dolan moved to approve the 09/19/07 meeting minutes as amended; seconded by Cyndi Moe; passed 5-0.
The Commissioners stated they had made site visits to the roads assigned to them for the DPW to pave and all appear to be fine. Andrew Petty will pass the information to the DPW.
Public Hearings 5:00 pm:
5:01 pm Robbins, 480 Old Wharf Rd., Map 35, Parcel 21, Certificate of Compliance. There were cuttings done on Alison Palmer’s property in 2003. Ginie Page moved to issue the Certificate of Compliance; seconded by Cyndi Moe; passed 6-0..
5: 02 Robbins, 480 Old Wharf Rd., Map 35, Parcel 21, Certificate of Compliance. Ginie Page moved to issue the Certificate of Compliance; seconded by Ed Reynolds; passed 6-0.
5:03 pm Brown, 290 Blue Heron Rd., Map 42, Parcel 123, NOI, construct new dwelling (Cont’d from 09/19/07). Tim Brady of East Cape Engineering requested a continuation to 11/07/07. Cyndi Moe moved to continue to 11/07/07; seconded by John DiBlasio; passed 6-0.
5:06 pm Currier-McCormick – Trustee, 1025 Chequessett Neck Rd., Map 19, Parcel 19-2, NOI, Installation of stairway over coastal bank (Cont’d from 09/19/07). Tim Brady of East Cape Engineering represented the applicant and all official paperwork had been received. John DiBlasio moved to approve; seconded by Ginie Page; passed 6-0. Ginie Page is the supervisor.
5:08 pm Huge, 264 King Phillip Rd., Map 34, Parcel 9, Certificate of Compliance (Cont’d from 09/19/07). Tim Brady of East Cape Engineering requested the beach nourishment be a part of the conditions with the stairway NOI. Cyndi Moe moved to grant the Certificate of Compliance; seconded by Ginie Page; passed 6-0.
5:10 pm Huge, 264 King Phillip Rd., Map 34, Parcel 9, NOI, replacement of existing stairway over coastal bank (Cont’d from 09/19/07). Tim Brady of East Cape Engineering represented the applicant. He requested an additional condition be added for beach and bank nourishment. John DiBlasio moved to approve the NOI; seconded by Cyndi Moe; passed 6-0. Supervisor is Ed Reynolds.
5:17 pm Vatner, 116 Hiawatha Rd., Map 28, Parcel 182, NOI, demolish existing dwelling and rebuild new structure (Cont’d from 09/05/07 and NOT a hearing – discussion only). Tim Brady of East Cape Engineering, stated the NOI was approved for the septic. Brady wanted to have further discussion regarding the location of the dwelling, which had been approved on the existing footprint. He questioned if the Commission would consider another location on the property in order to stay within the zoing requirements. Jay Horowitz represents abutter LaPosta, and expressed concern regarding the disturbance. Brady stated the land will be disturbed regardless due to the septic, etc. The proposed dwelling will have a full foundation; however, Brady stated if they could relocate
the dwelling, they may not want a foundation. He proposed the building be set on a slab outside the 50 foot buffer zone, be reduced in size and cantilevered. He stated he will have a discussion with the applicant and may return with a new NOI.
5:30 pm Bruno, 55 Seventh St., Map 40, Parcels 143, 175, and 181, Amended Order of Conditions, include stairs over coastal bank and shoreline protection. Mark Burgess of Coastal Engineering represented the applicant. As a result of a preconstruction meeting, it was determined there is an access issue. The contractor stated he can come over the top of the bank. The access is contained within the applicant’s property. Natural Heritage sent a letter stating there were no restrictions. The work will be done in the winter. Agent Greenberg suggested Bruno allow neighbors to use the access for their renourishment. Abutter Cashen wrote a letter of support. The access area can be revegetated. Ted Bilodeau, abutter, asked for an explanation of the
project. Bob Prescott of MA Audubon supports the revetment. He also stated 2nd street is available for access for renourishment projects and construction as an alternate for access. Ed Reynolds moved to approve the Amended Order of Conditions for the stairway; seconded by John DiBlasio; passed 6-0. The supervisor is Ed Reynolds.
5:54 Pitt – Garbett, 575 Chequessett Neck Rd., Map 19, Parcel 119, RDA, add second story. Gordon Peabody represented the applicant. All work will be done by hand. John DiBlasio moved to identify this as a Negative 3; seconded by Ginie Page; passed 6-0. Ginie Page is supervisor.
6:03 pm Brand, 344 King Phillip Rd., Map 35, Parcel 178, NOI, demolish dwelling and replace with same, new garage, new well and new septic. Emily Beebe and Gordon Peabody represented the applicant. No file number and no response from Natural Heritage had been received. Cyndi Moe stated more stakes had to be placed on the property to identify the work area. Beebe stated a separate landscaping plan will be filed in the future. Beebe gave an overview of the location of the proposed disturbed areas and mitigations. The debris from the demolition will be taken away from the current driveway. Beebe stated there is little being done in the buffer zone. Agent Greenberg asked if the current house could be donated to housing authority. The architect stated the house
would be too big to move but will look at any recycling of materials. Peabody gave an overview of the raised walkways to maintain the vegetation. Beebe stated the walkway and platforms have to be redesigned to accommodate a wheelchair. The current stairs need some modification for safety and will not be totally replaced. Maria Brand stated they want to vegetate in a natural way. Andrew Petty requested a landscape plan be presented immediately Peabody wants to keep what plants are there in tact. Discussion took place regarding the location of the proposed dwelling, breezeway and garage. Ms. Brand stated the basketball court would be designed with pervious blocks. The project will take approximately 12 to 14 months to complete Cyndi Moe moved to continue to 10/17/07; seconded by John DiBlasio; passed 6-0.
Cyndi moved to adjourn at 6:50 pm; seconded by Dottie Dolan; passed 6-0.
Christine A. Bates