conservation commission am 2008

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Office: 508-862-4093 E-mail: conservation @ town.barnstable.ma.us FAX: 508-778-2412

MINUTES – CONSERVATION COMMISSION MEETING

DATE: January 15, 2008 8:30 a.m.

LOCATION: TOWN HALL, SELECTMEN’S CONFERENCE ROOM

Scrivener’s note: The following minutes are general in nature. For those wanting specific detail on matters heard on this agenda, several resources are available to you: video-on-demand (free on the Town website at town.barnstable.ma.us ), audiocassette and DVD recordings. Please contact the Conservation Division at 508.862.4093 for assistance. The meeting was called to order at 8:32 a.m. by Chairman Dennis R. Houle. Also attending were Commissioners Larry Morin, Tom Lee, and Louise Foster. Vice-Chairman John Abodeely was away; Commissioners Peter Sampou and Scott Blazis were teaching. Rob Gatewood, Conservation Administrator, assisted, along with Darcy Karle, Conservation Agent, and Fred Stepanis, Conservation Assistant. The meeting was held in the Selectmen’s Conference Room, Barnstable Town Hall, Hyannis, MA. I REVISED PLANS project type revision A. Berry SE3-4680 raze old/construct new sfd slight modification The applicant did not attend the hearing. Issues discussed:

• Revisions were considered to be very minor. A motion was made to approve the revised plan. Seconded and voted unanimously. B. LaPoint (Awad) SE3-4357 bulkhead as-built modifications The applicant was represented by Arlene Wilson, PWS Issues discussed:

• As-built deck at top of bulkhead significantly larger than approved • One-half-inch deck plank spacing not provided

A motion was made to deny the revised plan. Seconded and voted unanimously. [See also under Certificates of Compliance] C. Ciolek SE3-4677 detached garage, addition increase full foundation The applicant was represented by Steve Wilson, PE No concerns arose.

Town of Barnstable Conservation Commission

200 Main Street Hyannis Massachusetts 02601

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(Ciolek, cont’d.) A motion was made to approve the revised plan. Seconded and voted unanimously. D. Wilson SE3-4444 raise; add foundation addition The applicant was represented by Steve Wilson, PE Issues discussed:

• The one-room addition is all that remains of the (originally) much larger project. A motion was made to approve the revised plan. Seconded and voted unanimously. II EXTENSION PERMITS A. Oyster Harbors Yacht SE3-4364 reconstruct bldg. 1st Request/3 yrs. The applicant did not attend the hearing. No concerns arose. A motion was made to approve a three-year extension. Seconded and voted unanimously. B. LaPoint (Awad) SE3-4357 bulkhead 1st Request/3 yrs. The applicant was represented by Arlene Wilson, P.W.S. No concerns arose. A motion was made to approve a three-year extension. Seconded and voted unanimously. C. Staniar SE3-4350 raze; rebuild sfd 1st Request/3 yrs. The applicant was represented by Peter Sullivan, PE No concerns arose. A motion was made to approve a three-year extension. Seconded and voted unanimously. III ENFORCEMENT ORDERS A. Richard Kniss and Cynthia Hayden – 7 Ocean View Ave. and 1036 Main St., Cotuit Alteration of a wetland resource area (marsh) and coastal bank by removing phragmites in the marsh area and trees on a bank, for access, without prior approval of the Conservation Commission. Cynthia Hayden attended the hearing.

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(Kniss/Hayden, cont’d.) A motion was made to approve the enforcement order as written. Seconded and voted unanimously. B. Jeffrey and Irene Cook – 545 South Main Street, Centerville

Violation of an amended order of conditions for file SE3-4280, removal of tree that was to remain, failure to replace a second tree, pallets in the wetland, failure to abandon path, failure to request COC.

Jeffrey Cook and Peter Sullivan attended the hearing. A motion was made to amend the order to state that the planting plan will be submitted, subject to review by the Commission, at the April 22nd hearing. Planting shall be completed by May 31, 2008. Seconded and voted unanimously. C. Edward Crowell – 350 Plum Street, West Barnstable Original violation, beaches created on Garrett’s Pond. Enforcement order addresses steps to bring the property into compliance. Mr. Crowell attended the hearing. A motion was made to approve the enforcement order as written. Seconded and voted unanimously. D. Aqua Leisure Industries, Inc. – 85 Quail Lane, Hyannis

Alteration of the Commission’s 50 undisturbed buffer zone from School House Pond, by cutting a red maple tree and limbing a pine tree.

Ken Mewees, Property Manager, and Dan Shaunessey of Joyce Landscaping attended the hearing. A motion was made to approve the enforcement order as written. Seconded and voted unanimously.

E. Elva and Lawrence Obrien – 205 Ocean View Avenue, Cotuit Alteration of a resource area, coastal bank, by cutting vegetation (understory – grasses, vines and multi stem plants such as oak, cherry and autumn olive) The matter was tabled until the February 12th morning hearing. IV CERTIFICATES OF COMPLIANCE

(ap = as-built plan) (coc = Certificate of compliance) (ez = no deviations, staff recommends approval) (ok = minor deviations, staff recommends approval) (c = staff recommends approval with contingencies) (d = deviations, staff recommends denial) (* = on-going conditions) A. Houghton SE3-1084 (coc,d) construct single-family dwelling * A motion was made to approve the certificate, contingent upon installing fence, granite bounds, or shrubs along “no disturbance” boundary. Seconded and voted unanimously.

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(Certificates of Compliance, cont’d.) B. Houghton SE3-3882 (ap,ok) construct deck to single-family dwelling A motion was made to approve the certificate. Seconded and voted unanimously. C. Houghton SE3-3882 (coc,ok) enclose breezeway as part of family room * A motion was made to approve the certificate. Seconded and voted unanimously. D. LaPoint (Awad) SE3-4357 (partial coc) reconstruct bulkhead; hardscaping * A motion was made to approve the certificate, contingent upon bringing the deck into compliance. Seconded and voted unanimously. V OLD & NEW BUSINESS A. Navigation Road update Roger Parsons appeared before the Commission. A motion was made to approve “Option 1,” as described in Mr. Parson’s letter to the Commission dated December 14, 2007. This would entail placement of temporary rocks along the road’s edge, as well as signage. Monitoring of the marsh vegetation would be performed by Conservation Commission staff in the fall of 2008. Seconded and voted unanimously. B. Grants awarded to Conservation Division 1. Barnstable County Wild Fire Assessment and Preparedness Program - continue reduction of fuel loading - $5,000 2. Barnstable County FY08 Land Management Grant Program – 2 acre grassland restoration project - $3,000 Noted. C. Other None. A motion was made to adjourn. Seconded and voted unanimously. The time was 10:30 a.m.

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DATE: February 12, 2008, 8:30 a.m.

LOCATION: TOWN HALL HEARING ROOM Scrivener’s note: The following minutes are general in nature. For those wanting specific detail on matters heard on this agenda, several resources are available to you: video-on-demand (free on the Town website at town.barnstable.ma.us ), audiocassette and DVD recordings. Please contact the Conservation Division at 508.862.4093 for assistance. The meeting was called to order at 8:30 a.m. by Chairman Dennis R. Houle. Also attending were Commissioners Larry Morin, Tom Lee, and Louise Foster. Commissioners Peter Sampou, Scott Blazis were teaching, and Vice-Chairman John Abodeely was away. Rob Gatewood, Conservation Administrator, assisted, along with Darcy Karle, Conservation Agent. The meeting was held in the Hearing Room, Town Hall, Hyannis, MA I REVISED PLANS project type revision A. Fallon DA-07035 landscaping screened porch The applicant was represented by Peter Sullivan, P.E. No concerns arose. A motion was made to approve the revised plan. Seconded and voted unanimously. B. Radius Regency LLC SE3-4537 addition, parking footprint, more parking The matter was tabled to a future date. C. Soares SE3-4496 retaining wall; septic septic change The applicant attended, as well as Peter McIntee, P.E. No concerns arose. A motion was made to approve the revised plan. Seconded and voted unanimously. D. Bonneybrook RT SE3-3648 pier piling The applicant was represented by Peter Sullivan, P.E. Issues discussed:

• The addition of a single pile would solve the problem.



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(Bonneybrook RT, cont’d.) A motion was made to approve the revised plan, contingent upon review by the Harbormaster Seconded and voted unanimously. E, Simboli SE3-3537 sfd terraces The applicant was represented by Michael Coutu, L.A. No concerns arose, given the amount of mitigation planting proposed. A motion was made to approve the revised plan. Seconded and voted unanimously. II EXTENSION PERMITS A. Anchor to Windward Tr. SE3-3856 addition to sfd; patio 1st Request; 1 yr. The applicant was represented by Stephen Wilson, P.E. Issues discussed:

• Only a small addition on the street-side of the house remains to be built. A motion was made to approve a one-year extension. Seconded and voted unanimously. lII ENFORCEMENT ORDERS A. Mr. Stephen Crummey – 1036 Main Street, Cotuit

Alteration of a coastal bank and the Conservation Commission’s 50’ undisturbed buffer zone by removing understory and one tree without prior approval from the Barnstable Conservation Commission.

Mr. Crummey was represented by Wendy Bootham. A motion was made to approve the planting plan submitted at today’s hearing. The planting deadline/time-frame to be from May 15 to May 30, 2008.

B. Elva and Lawrence Obrien – 205 Ocean View Ave., Cotuit

Alteration of a resource area, coastal bank, by cutting vegetation (understory – grasses, vines and multi stem plants such as oak, cherry and autumn olive).

No one attended the hearing.

The Conservation Agent, Darcy Karle, presented Phylis Cole’s landscape plan, dated 2/12/08, to the Commission.

A motion was made to approve the plan and the enforcement order, as written.

Seconded and voted unanimously.

C. James P. and Elleb H. Ingram – 162 Starboard Lane, Osterville Alteration of the Barnstable Conservation Commission 50’ undisturbed buffer zone from a salt marsh on Bumps River, by cutting understory, removing two trees, and limbing trees.

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(Ingram, cont’d.) Mrs. Ingram attended the hearing. She submitted a letter from Savatree/Savalawn Co. A motion was made to amend the enforcement order to include a “cease and desist” of all cutting in Conservation jurisdiction. In addition, if vista pruning is desired, an RDA must be filed. Seconded and voted unanimously. IV WARNING LETTERS A. Edson Outwin – Ladd Road, Centerville – grounded float resting on marsh Noted. V OLD & NEW BUSINESS A. Other None. A motion was made to adjourn. Seconded and voted unanimously. The time was 9:15 a.m.

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DATE: March 11, 2008, 8:30 a.m.

LOCATION: TOWN HALL HEARING ROOM

Scrivener’s note: The following minutes are general in nature. For those wanting specific detail on matters heard on this agenda, several resources are available to you: video-on-demand (free on the Town website at town.barnstable.ma.us ), audiocassette and DVD recordings. Please contact the Conservation Division at 508.862.4093 for assistance. The meeting was called to order at 8:30 p.m. by Chairman Dennis R. Houle. Also attending were and Commissioners Larry Morin, Tom Lee, and Louise Foster. Commissioners Peter Sampou and Scott Blazis were teaching. Vice-Chairman John Abodeely was away. Rob Gatewood, Conservation Administrator, assisted, along with Darcy Karle, Conservation Agent, and Fred Stepanis, Conservation Assistant. The meeting was held in the Hearing Room, Barnstable Town Hall, Hyannis, MA. I REVISED PLANS project type revision A. Cape Regency SE3-4537 3-story addition; parking relocate parking The applicant was represented by Norman Hayes and Stan Zerkle. Issues discussed:

• Drainage will be done away from the wetland. A motion was made to approve the revised plan. Seconded and voted unanimously. B. Shah SE3-4672 house addition landscaping/buffer Enhancement The applicant was represented by Stephen Wilson, P.E. Issues discussed: None A motion was made to approve the revised plan. Seconded and voted unanimously. lI ENFORCEMENT ORDERS A. Carolyn and Stephen Lane – 132 South Bay Road, Osterville SE3-3774 Violation of an Order of Conditions by failing to receive a final Certificate of Compliance Stephen Wilson, P.E. represented the Lanes’. Mr. Wilson said that an as-built plan will be submitted by the deadline date.



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A motion was made to approve the enforcement order as written. Seconded and voted unanimously. III WARNING LETTERS A. Henry Comstock /Daniel Schwinn – 315 Baxter Neck Road – failure to obtain final COC SE3-1493 B. Mr. and Mrs. Richard Tavano – 1065 Service Road, West Barnstable – failure to obtain final COC SE3-3965 Matters “A” and “B” were discussed. IV CERTIFICATES OF COMPLIANCE

(ap = as-built plan) (coc = Certificate of compliance) (ez = no deviations, staff recommends approval) (ok = minor deviations, staff recommends approval) (c = staff recommends approval with contingencies) (d = deviations, staff recommends denial) (* = on-going conditions) A. Baker SE3-4205 (coc,ok) construct decks, shower, & 2nd floor addition to sfd * Issues discussed:

• Implementation of landscaping plan • Drawing down of hot tub to dry well.

A motion was made to approve the certificate. Seconded and voted unanimously. V OLD & NEW BUSINESS A. John Peck - 1103 Craigville Beach Road, Centerville - chain link fence issue / release of COC SE3-4032 Mr. Peck attended the hearing. A motion was made to grant a waiver to leave the existing chain-link fence as is. Seconded and voted unanimously. B. Jeffrey and Irene Cook – 545 South Main Street, Centerville – enforcement planting mitigation plan Don Schall represented the Cook’s. A motion was made to further revise the replanting plan to show one tree planted inside the fence. In addition, the location of the second remediation area to be shown inside the fence, south side. Seconded and voted unanimously. C. Other Town Councilor Leah Curtis informed the Commission that she has been appointed as Council-liaison for the Commission’s morning meetings. A motion was made to adjourn. Seconded and voted unanimously. The time was 9:28 a.m.

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DATE: April 22, 2008, 8:30 a.m.

LOCATION: TOWN HALL HEARING ROOM Scrivener’s note: The following minutes are general in nature. For those wanting specific detail on matters heard on this agenda, several resources are available to you: video-on-demand (free on the Town website at town.barnstable.ma.us ), audiocassette and DVD recordings. Please contact the Conservation Division at 508.862.4093 for assistance. The meeting was called to order at 8:30 a.m. by Chairman Dennis R. Houle. Also attending were and Commissioners Peter Sampou, Larry Morin, Tom Lee, and Louise Foster. Commissioner Scott Blazis was teaching. Vice-Chairman John Abodeely and Conservation Administrator Rob Gatewood were away. Conservation Assistant, Fred Stepanis, assisted. The meeting was held in the Hearing Room, Barnstable Town Hall, Hyannis, MA.

I REVISED PLANS project type revision A. Laura Trust SE3-4586 add platform to pier fence The applicant was represented by Peter Sullivan, P.E. Issues discussed:

• The Commission asked that the path remain unchanged. A motion was made to approve the revised plan. Seconded and voted unanimously. B. O’Keeffe SE3-4450 replace concrete sea wall bulkhead The applicant was represented by Peter Sullivan, P.E. A motion was made to approve the revised plan. Seconded and voted unanimously. C. Voute SE3-3886 sfd, pool site changes The applicant was represented by Peter Sullivan, P.E. A motion was made to approve the revised plan. Seconded and voted unanimously. D. Voute SE3-4708 retaining wall site changes The applicant was represented by Peter Sullivan, P.E.

76Town of Barnstable Conservation Commission


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A motion was made to approve the revised plan. Seconded and voted unanimously. E. Trade Winds Inn SE3-4385 condos, pool, plantings bldg/site changes Two items were opened simultaneously: Item #1: The applicant was represented by Craig Short A motion was made to approve the revised site plan. Seconded and voted unanimously. Item #2: The applicant was represented by Bob Maffei. A motion was made to approve the revised plans dated 4/17/08. Seconded and voted unanimously. F. Gowdy SE3-4464 pier pier support; increase float size The applicant was represented by Arlene Wilson. A motion was made to approve the revised plan. Seconded and voted unanimously. G. Mattison SE3-4628 permanent pier location The applicant, Mrs. Mattison, attended the hearing and was represented by Bob Braman. A motion was made to approve the revised plan. Seconded and voted unanimously. H. Regan SE3-4662 pier modifications extend 2-week window The applicant was represented by George Gilmore. A motion was made to approve the revised plan. Seconded and voted unanimously. I. Buppert SE3-4471 subsurface retainage materials change The applicant was represented by David Martin. A motion was made to approve the revised plan. Seconded and voted unanimously. J. Fox/O’Keeffe SE3-4594 sfd retaining walls, etc.

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The applicant was represented by David Martin. A motion was made to approve the revised plan subject to further modifications. Seconded and voted unanimously. lI EXTENSION PERMITS A. Trade Winds Inn SE3-4385 condos, pool, plantings 1st Request/2 yrs. The applicant was represented by Craig Short. A motion was made to approve a three-year extension. Seconded and voted unanimously.

III CERTIFICATES OF COMPLIANCE

(ap = as-built plan) (coc = Certificate of compliance) (ez = no deviations, staff recommends approval) (ok = minor deviations, staff recommends approval) (c = staff recommends approval with contingencies) (d = deviations, staff recommends denial) (* = on-going conditions) A. Thorp (Babcock) SE3-4337 (ap,ok) add stockade fencing and 4”X6” post (See below) B. Thorp (Babcock) SE3-4337 (coc,ok) construct detached garage * A motion was made to approve the certificate (“B”), contingent upon a fence adjustment. Seconded and voted unanimously. C. Bullock SE3-4191 (ap,c) relocate rock retaining wall to 45’ from coastal bank (See below) D. Bullock SE3-4191 (coc,ok) construct single-family dwelling * A motion was made to approve the certificate (“D”), contingent upon planting 5-foot buffer. Seconded and voted unanimously. E. 74 Garrison RT SE3-4003 (ap,c) several minor changes; boat racks; missing trees (See below) F. 74 Garrison RT SE3-4003 (coc,ok) raze & reconstruct sfd; construct pool * A motion was made to approve the certificate (“F”), contingent upon submission of a revised plan and removal of two small boat racks, and planting a tree. Seconded and voted unanimously. A motion was made to approve certificates “A,” “C,” and “E.” Seconded and voted unanimously. IV OLD & NEW BUSINESS A. SE3-2855 TOB/DPW Harbormaster request for emergency dock repair at Bismore Park A motion was made to endorse the emergency permit for the dock repair.

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Seconded and voted unanimously. B. Discussion of Sandy Neck and Section 10 A motion was made to adjourn. Seconded and voted unanimously. The time was 9:50 a.m.

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DATE: May 20, 2008 8:30 a.m.

LOCATION: TOWN HALL, SELECTMEN’S CONFERENCE ROOM Scrivener’s note: The following minutes are general in nature. For those wanting specific detail on matters heard on this agenda, several resources are available to you: video-on-demand (free on the Town website at town.barnstable.ma.us ), audiocassette and DVD recordings. Please contact the Conservation Division at 508.862.4093 for assistance. The meeting was called to order at 8:30 p.m. by Chairman Dennis R. Houle. Also attending were Vice-Chairman John Abodeely and Commissioners Larry Morin, Tom Lee, and Louise Foster. Commissioners Peter Sampou and Scott Blazis were teaching. Rob Gatewood, Conservation Administrator, assisted, along with Darcy Karle, Conservation Agent, and Fred Stepanis, Conservation Assistant. The meeting was held in the Selectmen’s Conference Room, Barnstable Town Hall, Hyannis, MA. I REVISED PLANS project type revision A. Drake SE3-3624 sfd carport to slab The applicant was represented by Ed Pesce, P.E. Issues discussed: No concerns arose. A motion was made to approve the revised plan. Seconded and voted unanimously. B. Hower SE3-4579 rebuild seawall time (window) adjustment The applicant was represented by Michael Borselli. Issues discussed:

• The request was to allow revetment work during the summer. A motion was made to approve the request. Seconded and voted unanimously. C. Robert J. Ciolek SE3-4677 detached garage various (Hansen /S. Wilson) The applicant was represented by Steve Wilson, P.E. Issues discussed: No concerns arose. A motion was made to approve the revised plan. Seconded and voted unanimously.



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(Revised Plans, cont’d.) D. F.E.C./Cirrito SE3-4611 sfd; garage; patio add porch The applicant was represented by Jeff Goldstein. Issues discussed: No concerns arose. A motion was made to approve the revised plan. Seconded and voted unanimously. E. Kuhn SE3-4373 addition widen path; enlarge deck; etc. The applicant was represented by Lynne Hamlyn. Issues discussed:

• The scope of the overall mitigation was discussed. A motion was made to approve the revised plan. Seconded and voted unanimously. F. Carey SE3-4515 sfd stone walls & steps The applicant attended the hearing. Issues discussed: No concerns arose. A motion was made to approve the revised plan. Seconded and voted unanimously. II EXTENSION PERMITS A. Kuhn SE3-4373 addition 1st Request/3 yrs. The applicant was represented by Lynne Hamlyn. Issues discussed: No concerns arose. A motion was made to approve a three-year extension. Seconded and voted unanimously. B. Wilkens SE3-4396 maintenance dredging 1st Request/3 yrs. The applicant was represented by John O’Dea, E.I.T. Issues discussed: No concerns arose. A motion was made to approve a three-year extension. Seconded and voted unanimously.

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(Extension Permits, cont’d.) C. Oyster Harbors SE3-4405 maintenance dredging 1st Request/3 yrs. The applicant did not attend the hearing. Issues discussed: None A motion was made to approve a three-year extension, contingent upon favorable staff review. Seconded and voted unanimously. D. Anderson SE3-4399 maintenance dredging 1st Request/3 yrs. The applicant did not attend the hearing. Issues discussed: None A motion was made to approve a three-year extension, contingent upon favorable staff review. Seconded and voted unanimously. III ENFORCEMENT ORDERS A. John J. Fallon – 43 Island View Road, Hyannis SE3-3467

Alteration of a wetland resource area and violation of on going conditions of a Certificate of Compliance. Unauthorized use of a large piece of equipment in a wetland to remove dead trees and branches. Use of

equipment destroyed all understory. John Fallon represented his father, John J. Fallon. A motion was made to approve an amended enforcement order, with a two-week extension for wetland mix to go in. Seconded and voted unanimously. B. Robert Bothwell – 252 Clamshell Cove Road, Cotuit SE3-4096 Violation of an Order of Conditions and plan of record, by adding 8 x 6 float, davit, boat rack, two benches and rearrangement of the pilings. A motion was made to approve the enforcement order as written. Seconded and voted unanimously. C. Denise G. Swan – 32 Windswept Way, Osterville SE3-3857

Violation of a Certificate of Compliance “on-going conditions” by cutting several trees on a coastal bank and 50’ buffer zone.

Mrs. Swan attended the hearing, along with Bruce Besse, Steve Wilson, P.E., and Laurie McDonald. No one from Oyster Harbors was present. Darcy Karle presented a history of the property from its previous ownership to the present. Ms. Karle indicated that the Swans submitted three revised plans in 2003, 2004, and 2006, respectively. The Swan’s also applied for an extension permit in 2004, and requested permission for vista pruning in 2006 (all under SE3-3857). On July 27, 2006 staff met with Bruce Besse and Peter Childs, arborists hired to do the vista pruning. The vista pruning was completed and signed-off on by staff. During a Certificate of Compliance hearing in 2007, Darcy also submitted

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(Enforcement Orders, cont’d.) photos dated November 27, 2006 and December 15, 2006 to the Commission showing the completed vista pruning, as well as photos showing the cleared area taken on March 21, 2008. When questioned, Mrs. Snow stated that she was responsible for the cutting, and had hired John Segalla of Maine to do the work. Steve Wilson presented the “existing conditions” plan dated May 16, 2008, locating 84 stumps. Bruce Besse presented a proposed re-planting and specification document. Vice-Chairman Abodeely stated that this was a “grievous violation,” and that the Commission would seek 100% mitigation, i.e., one-to-one replanting, and a possible civil penalty of up to $25,000. A motion was made to continue the hearing to June 17th to allow the following issues to be discussed and/or completed:

• Signed confirmation that Oyster Harbors Club has been copied on replanting information and proposed mitigation, and is in agreement. Darcy to contact representative for Oyster Harbors, Attorney Larry Murphy’s office;

• The Commission to be apprised of the total inches cut (Commissioner Lee indicated that it was approximately 1,000 inches).;

• Possible civil penalties; • Issuance of an enforcement order to contractor John Segalla.

Seconded and voted unanimously. D. Paul Venditti – 273 Millway Road, Barnstable – Mattakeese Wharf Violation of an order of conditions listed in an emergency certificate for bulkhead work. Paul Venditti and Peter Jason were present at the hearing. A motion was made to amend the enforcement order to include the submission of a revised plan, subject to staff approval. Seconded and voted unanimously. E. Carlton Neuben – 174 Lakeside Drive, Marstons Mills SE3-3871 Alteration of a resource area and 50’ undisturbed buffer zone on Shubael Pond, by continuing to work on patio Expired permit. No siltation controls in place. A motion was made to approve the enforcement order as written. Seconded and voted unanimously. F. Abraham and Marianna Dranetz – 299 Sea View Ave., Osterville Alteration of a resource area, unpermitted coastal access stairs over permitted groin and landing on beach E. J. Brown from Rogers & Marny represented the Dranetzes. Mr. Brown stated that the structure had been there for at least twenty-four years. A motion was made to approve the enforcement order. Seconded and voted unanimously. G. Joseph Amaral Landscaping – landscaper for 145 Bridge Street, Osterville - cease and desist order Alteration of a resource area, flood zone and coastal bank, and 50’ undisturbed buffer by removal of trees and

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(Enforcement Orders, cont’d.) understory, pulling stumps and regrading with a bobcat. (see below) H. Frederick I Day Jr. ET ALS – 145 Bridge Street, Osterville - Alteration of a resource area, flood and coastal bank, and 50’ undisturbed buffer by removal of trees And understory, pulling of stumps and regrading with a bobcat. (“G” and “H” were opened simultaneously) Anthony Amaral, Sr., attended the hearing. The violation was discussed. Darcy noted that this company had a previous violation at 93 Marquand Drive, Marstons Mills. She asked to see Mr. Amaral’s license identification. A non-criminal citation was issued for $200 for the alteration of a resource area by landscaping and tree removal at 145 Bridge Street, Osterville. A motion was made to approve the enforcement order issued to Amaral Landscaping. Seconded and voted unanimously. Mr. Neil Perkins represented the Millers, the new property owners of 145 Bridge Street. Mr. Arne Johnson will be retained to carry out the mitigation replanting and submit a plan. Mr. Johnson was also present at the hearing. A motion was made to approve the enforcement order as written, and amend it by changing the name on the order from Frederick Day to the current owner, Stephen Miller. Seconded and voted unanimously. IV NON-CRIMINAL CITATIONS A. John J. Fallon – 43 Island View Rd., Hyannis – Alteration of a resource area and work beyond COC $200.00 B. Denise G. Swan – 32 Windswept Way, Osterville – Violation of a Certificate of Compliance $300.00 C. Paul Venditti – 58 Acre Hill Rd., Barnstable - Unauthorized activity beyond scope of order of conditions in emergency certificate. $300.00 D. Carlton H. Neuben – 174 Lakeside Drive, Marstons Mills – Alteration of a resource area and work with an expired permit. $300.00 Noted The agenda was amended to add the following: E. Anthony Amaral – 145 Bridge St., Osterville – Alteration of a buffer zone $200.00 Noted V WARNING LETTERS

A. Ms. Adele Barraro – 18 Briarcliff Lane, Centerville – landscape debris in steam. Noted

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VI CERTIFICATES OF COMPLIANCE

(ap = as-built plan) (coc = Certificate of compliance) (ez = no deviations, staff recommends approval) (ok = minor deviations, staff recommends approval) (c = staff recommends approval with contingencies) (d = deviations, staff recommends denial) (* = on-going conditions) A. Lane SE3-3774 (ap,ok) construct gazebo & deck; extend retaining wall B. Lane SE3-3774 (coc,ok) raze & construct single-family dwelling * C. Korkuch SE3-3928 (ap,ok) relocate upweller; switch from submersible to surface pumps D. Korkuch SE3-3928 (coc,ez) construct & operate upwellers for raising shellfish seed * E. Tavano SE3-3965 (ap,ok) changes to deck configuration & hardscaping beyond 50 ft. A motion was made to approve certificates (“A” – “E”). Seconded and voted unanimously. F. Tavano SE3-3965 (coc,ok) construct pool & garage * A motion was made to approve certificate “F,” contingent upon prior consultation with Conservation staff for all work done within the100-foot buffer zone. Seconded and voted unanimously. VI OLD & NEW BUSINESS A. Barnstable harbor bulkhead access way paving. Dr. Dale Saad attended the hearing. A motion was made to approve the proposed temporary widening. Seconded and voted unanimously.

B. The Commission established that, for osprey pole construction, it is standard for construction material to remain wood. A motion was made to adjourn. Seconded and voted unanimously. The time was 11:10 a.m.

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DATE: June 17, 2008 8:30 a.m.

LOCATION: TOWN HALL, SELECTMEN’S CONFERENCE ROOM

Scrivener’s note: The following minutes are general in nature. For those wanting specific detail on matters heard on this agenda, several resources are available to you: video-on-demand (free on the Town website at town.barnstable.ma.us ), audiocassette and DVD recordings. Please contact the Conservation Division at 508.862.4093 for assistance. The meeting was called to order at 8:45 a.m. by Chairman Dennis R. Houle. Also attending were Vice-Chairman John Abodeely and Commissioners Larry Morin and Tom Lee. Rob Gatewood, Conservation Administrator, assisted. I REVISED PLANS project type revision A. Miller SE3-4638 foundation larger footing/cap The applicant was represented by Peter Sullivan, P.E. Issues discussed: No concerns arose. A motion was made to approve the revised plan. Seconded and voted unanimously. B. Johnson Tree SE3-4737 reduce buffer pervious section of drive The applicant was represented by Peter Sullivan, P.E. Issues discussed: No concerns arose. A motion was made to approve the revised plan Seconded and voted unanimously. II EXTENSION PERMITS A. Pandit SE3-3918 sfd 1st Request; 2-yrs. The applicant did not attend the hearing. A motion was made to approve a three-year extension, contingent upon favorable findings on the pending site visit, and upon placement of a sign alerting contractors that the site is a “sensitive area.” Seconded and voted unanimously. B. Crosby Yacht Yard SE3-4411 remove pier, shed 1st Request; 3-yrs.



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The applicant was represented by Peter Sullivan, P.E. Issues discussed: No concerns arose. A motion was made to issue a three-year extension. Seconded and voted unanimously. III ENFORCEMENT ORDERS A. Denise G. Swan – 32 Windswept Way, Osterville. [Continued from May 20, 2008 hearing] John Segalla – contractor for Denise G. Swan – 32 Windswept Way, Osterville Alteration of a protected resource area, as defined as a coastal bank, and the Town of Barnstable Conservation Commission’s 50’ undisturbed buffer zone by cutting 84 trees without prior authorization. Denise Swan attended the hearing, as well as Eric Wodlinger, Esq., Lee Weishar, and Steve Wilson, P.E. Also present was Larry Murphy, Esq., representing Oyster Harbors Club. Opened simultaneously was an enforcement order issued to John Segalla, contractor for Mrs. Swan. The chairman read Mr. Segalla’s letter into the record. A motion was made to issue a warning letter to John Segalla. Seconded and voted unanimously. Baxter & Nye filed an RDA for wetland delineation for the wetland across from Cove Lane, to be heard at the July 8th hearing. Mr. Murphy submitted a letter on behalf of the Oyster Harbors Club. Staff recommended amending the RDA to include coastal bank delineation, and continuing the enforcement hearing to July 15, 2008. A motion was made to approve the continuance to July 15. B. Bayview Farm and Russell Ross Trust c/o J. McGowan – 1220 Main Street / RTE. 6A West Barnstable Unauthorized fill placed within the Barnstable Conservation Commission 50’ undisturbed buffer zone and 100’ from a wetland and within a possible wetland area. Mr. McGowan attended the hearing. A motion was made to amend the order to have Mr. McGowan file an RDA with a plan for resolving the issue of water drainage from abutting lots and also include wetland delineation. An RDA must be filed by September 1, 2008 or fill removed by the same date. Seconded and voted unanimously. C. Jefferey Ingram McCourt – 1524 Main Street, Cotuit

Alteration of the Town of Barnstable Conservation Commission’s 50-foot buffer zone, from a coastal dune area, by razing a structure and rebuilding without prior authorization of the Conservation Commission.

A motion was made to continue the enforcement order to July 15, 2008, and have the Conservation Agent send a letter to the attorney requesting the date of birth of the contractor and contact information. D. Adele R. Barraro – 18 Briarcliff Lane, Centerville. Violation of a warning letter. Landscape debris in stream.

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A motion was made to approve the enforcement order as written. Seconded and voted unanimously. IV CERTIFICATES OF COMPLIANCE

(ap = as-built plan) (coc = Certificate of compliance) (ez = no deviations, staff recommends approval) (ok = minor deviations, staff recommends approval) (c = staff recommends approval with contingencies) (d = deviations, staff recommends denial) (* = on-going conditions) A. Eskandarian SE3-3790 (coc,ok) reconstruct seasonal pier; dredging * A motion was made to approve the certificate. Seconded and voted unanimously. B. Oyster Harbors Golf SE3-3705 (coc) various course improvements A motion was made to approve the certificate with on-going conditions. Seconded and voted unanimously. V OLD & NEW BUSINESS A. MOU for Essential Vehicle Escorts at Sandy Neck B. Perk tests – Tom Lee suggested that perk test requests be accompanied by photos (before and after) to determine

whether restoration is necessary.

A motion was made to adjourn. Seconded and voted unanimously. The time was 10:40 p.m.

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DATE: JULY 15, 2008 8:30 a.m.

LOCATION: TOWN HALL, SELECTMEN’S CONFERENCE ROOM Scrivener’s note: The following minutes are general in nature. For those wanting specific detail on matters heard on this agenda, several resources are available to you: video-on-demand (free on the Town website at town.barnstable.ma.us ), audiocassette and DVD recordings. Please contact the Conservation Division at 508.862.4093 for assistance. The meeting was called to order at 8:31 a.m. by Chairman Dennis R. Houle. Also attending were Vice-Chairman John Abodeely and Commissioners, Larry Morin, Tom Lee, and Louise Foster. Peter Sampou and Scott Blazis were teaching. Fred Stepanis, Conservation Assistant, assisted. The meeting was held in the Selectmen’s Conference Room, Barnstable Town Hall, Hyannis, MA 02601. I REVISED PLANS project type revision A. Dalby SE3-4703 addition to sfd floor plan The applicant was represented by Dan Ojala and Peter Brown. A motion was made to approve the revised plan. Seconded and voted unanimously. B. Baker SE3-4492 fixed pier boat specs The applicant was represented by Stephen Wilson, P.E. A motion was made to approve the revised plan. The certificate of compliance to specify this boat only. A change of ownership or boat to comply with usual depth restrictions. Seconded and voted unanimously. C. Mykrantz SE3-4720 pool/plantings add gas line The applicant was represented by Peter Sullivan, P.E. A motion was made to approve the revised plan. Seconded and voted unanimously. D. Pleasant St. Rlty. Tr. SE3-4328 deck/floats additional floats The applicant was represented by John O’Dea, E.I.T. A motion was made to approve the revised plan.



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Seconded and voted unanimously. II ENFORCEMENT ORDERS A. Denise Swan – 32 Windswept Way, Osterville (continued from June 17th hearing). A motion was made to continue the matter to September 9th. Seconded and voted unanimously. B. Jefferey Ingram McCourt – 1524 Main Street, Cotuit (continued from June 17th hearing). A motion was made to approve the enforcement order. Seconded and voted unanimously. III CITATIONS A. William F. Griffen Jr. Trustee – 1524 Main Street, Cotuit Alteration of a resource area, land subject to coastal storm flowage by construction without a permit $200 Noted B. Wayne Knope – 1524 Main Street, Cotuit (contractor) Alteration of a resource area, land subject to coastal storm flowage by construction without a permit $200 Noted

IV CERTIFICATES OF COMPLIANCE

(ap = as-built plan) (coc = Certificate of compliance) (ez = no deviations, staff recommends approval) (ok = minor deviations, staff recommends approval) (c = staff recommends approval with contingencies) (d = deviations, staff recommends denial) (* = on-going conditions) A. Walsh SE3-4156 (ap,ok) increase size of addition B. Walsh SE3-4156 (coc) construct 2nd –story addition * C. TOB/DPW SE3-3167 (coc,ok) dredging; demolish & construct finger piers * D. Lovett SE3-4409 (coc,ok) construct single-family dwelling & bank stairs * A motion was made to approve certificates “A - D.” Seconded and voted unanimously. E. Arnfeld SE3-1820 (coc) construct single-family dwelling (not done) A motion was made to approve certificate “E,” pending receipt of an as-built plan. Seconded and voted unanimously. F. Lloyd (Sterling) SE3-1533 (coc,ok) construct single-family dwelling * A motion was made to approve certificate “F.”

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Seconded and voted unanimously. V OLD & NEW BUSINESS A. Sandy Neck - Commissioner Pete Sampou provided an up-date. A motion was made to adjourn. Seconded and voted unanimously. The time was 9:23 a.m.

MN102108 1



DATE: OCTOBER 21, 2008 8:30 a.m.


Scrivener’s note: The following minutes are general in nature. For those wanting specific detail on matters heard on this agenda, several resources are available to you: video-on-demand (free on the Town website at town.barnstable.ma.us ), audiocassette and DVD recordings. Please contact the Conservation Division at 508.862.4093 for assistance. The meeting was called to order at 8:31 by Chairman Dennis R. Houle. Also attending were Commissioners Larry Morin, Tom Lee, and Louise Foster. Commissioners Peter Sampou and Scott Blazis were teaching. Vice Chairman John Abodeely and Conservation Administrator Rob Gatewood were away. Darcy Karle, Conservation Agent, assisted. The meeting was held in the Hearing Room, Barnstable Town Hall, Hyannis, MA I REVISED PLANS project type revision A. Curtin SE3-4453 fill/retainage/landscaping landscaping A motion was made to continue the hearing to November 18th. Seconded and voted unanimously. B. ToB/Conservation DA-05087 raze boat house/re-grade improve parking area & erosion control The applicant was represented by Darcy Karle. A motion was made to approve the revised Plan Seconded and voted unanimously. C. Pigott SE3-4756 sfd footprint The applicant was represented by Steve Wilson, P.E. A motion was made to approve the revised plan. Seconded and voted unanimously. D. Kariotis SE3-4365 & SE3-4366 sfd’s footprint(s) The applicant was represented by John O’Dea, E.I.T. A motion was made to approve the revised plan. Seconded and voted unanimously.



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II EXTENSION PERMITS A. Seapuit Partners LLC SE3-4375 pier, ramp, & float 1st Request/3 yrs. A motion was made to continue the hearing to October 28th. Seconded and voted unanimously. B. Wilson SE3-4444 raze; replace room 1st Request/3 yrs. The applicant was represented by Steve Wilson, P.E. A motion was made to approve a three-year extension. Seconded and voted unanimously. C. Hyannis Bldg. & Dev. Assoc.

SE3-4308 remove floats; add floating dock 1st Request/3 yrs.

A motion was made to continue the hearing to November 18th. Seconded and voted unanimously. Ill OLD & NEW BUSINESS A. DPW letter (re: Certificates of Compliance ) The letter was reviewed, requesting that post-bathymetric studies be required in future requests from the DPW for certificates of compliance. The Commission will contribute comments toward drafting a new letter, to be presented at a future hearing. lV ENFORCEMENT ORDERS A. Roger P. Plourde Jr. –188 East Bay Road, Osterville SE3-3905 Directive to remove pier constructed in wrong location Darcy advised the Commission that the dock has been removed as requested in the enforcement order. A motion was made to approve the enforcement order as written. Seconded and voted unanimously. B. Peter P. Favat - 373 Bay Lane, Centerville SE3-3497 Alteration in a resource area, flood zone, by rebuilding and extending a deck, placing old decking under said deck, construction of a new ground level deck and removal of shrubs, adding a light post, phragmites removal, unauthorized activity beyond the scope of an approved plan of record by adding 3 additional canoe/kayak racks on permitted boardwalk. Previous enforcement history, 3 enforcement orders, 7 non-criminal citations, 1 warning letter, and 7 filings with the Commission between 1997 and 2000. Ms. Karle noted Mr. Kenny’s request to continue the matter. She stated that non-criminal citations issued would stand as issued, and not be continued. A motion was made to continue the enforcement order to November 18th. Seconded and voted unanimously.

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C. John Wilson – 151 Irving Avenue, Hyannisport DA-07067 Unauthorized activity beyond the scope of a Determination of Applicability by removal of vegetation including existing beach grass and cedar trees. Failure to submit replanting plan as directed in Determination. Attorney Pat Butler and Steve Wilson, P.E., represented John Wilson. A motion was made to amend the enforcement order to state that a planting plan shall be submitted on or before the November 18th hearing for staff review, showing replanting of cedars which were removed, as well as shrub plantings and beach grass. Direct abutters shall be notified of the date of the continuance. Seconded and voted unanimously. Ms. Karle went on to say that the non-criminal citation should be paid. Mr. Butler indicated that his client had requested a hearing at First District Court for the sole purpose of exercising his rights. His client had wished to wait and see the results of the planting plan review. D. Carol Onisko – 250 Hollidge Hill Lane DA-07004 Violation of a Determination of Applicability and warning issued to the landscaper, Treescape, failure to replant. Also black plastic in buffer zone. No one attended the hearing. Ms. Karle informed the Commission that Ms. Onisko, who resides in Florida, has said that she will remove the plastic but does not wish to replant the understory, as was recommended to her by both herself and Fred Stepanis. A motion was made to approve the enforcement order and staff recommendations to plant 36 shrubs in the northwest end, and 15–20 shrubs in the northeast end; 3-gallon pot size within the 20-foot buffer zone. All black plastic is to be removed. Plants must be chosen in consultation with Conservation staff. Seconded and voted unanimously. E. Denise G. Swan – 32 Windswept Way, Osterville SE3-3857

Violation of a Certificate of Compliance “on-going conditions” by cutting several trees on a coastal bank and 50’ buffer zone.

A motion was made to continue the matter to November 18th. Seconded and voted unanimously. V NON-CRIMINAL CITATIONS A. Peter Favat – 373 Bay Lane, Centerville Alteration of a resource area by constructing new deck $200.00 Alteration of a resource area by extending and rebuilding a deck $200.00 Alteration of a resource area by phragmites removal and adding a light post $200.00 Unauthorized activity beyond approved plan of record, adding kayak racks $300.00 B. Edmund V. Lacey Jr. (contractor for Peter Favat) – 137 Sturbridge Drive, Osterville Alteration of a resource area by rebuilding and extending deck $200.00 C. John B. Wilson – 151 Irving Avenue, Hyannisport Unauthorized work beyond scope of Determination of Applicability $300.00 All above (“A” – “C”) noted.

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VI WARNING LETTERS A. Anthony C. Williams – parking beyond boulders on conservation property, Santuit Road, Cotuit B. Eugenie Keese – cut brush branches discarded in buffer zone during trail maintenance, 516 Wakeby Road,

Marstons Mills C. Anastasia Marty – removal of plants from beach – 249 Long Beach Road, Centerville All the above (“A” – “C”) approved.

VII CERTIFICATES OF COMPLIANCE

(ap = as-built plan) (coc = Certificate of compliance) (ez = no deviations, staff recommends approval) (ok = minor deviations, staff recommends approval) (c = staff recommends approval with contingencies) (d = deviations, staff recommends denial) (* = on-going conditions) A. Dubuque SE3-4615 (ap) relocate bulkhead stairs; add winch/davit A motion was made to deny the as-built plan, but to approve stair location. Seconded and voted unanimously. B. Dubuque SE3-4615 (coc) reconstruct existing bulkhead * A motion was made to approve the certificate, contingent upon the submission of a revised plan (which deletes the davit). A warning letter will be sent to remove the davit or file a Notice of Intent. Seconded and voted unanimously. C. Dubuque SE3-4513 (ap) add patio to beach shed; install flag pole & path add pool spa and extend patio A motion was made to deny the as-built plan, but to approve the pool spa and extension , pool patio, and flag pole. Seconded and voted unanimously. D. Dubuque SE3-4513 (coc) construct additions, carriage house, pool, patio, & cabana; landscaping * A motion was made to approve the certificate, contingent upon the submission of a revised plan showing the following: a) removal of sprinkler heads in 50-foot buffer; b) removal of cobble stones in front of shed; and, c) removal of flag stones leading to flag. Seconded and voted unanimously. E. Cabral (Moustakas) SE3-4102 (coc, ok) construct single-family dwelling (not done) A motion was made to approve the certificate, contingent upon the submission of a new Notice of Intent application. The new application is to include a narrative that addresses the excessive clearing conducted under this (SE3-4102) filing. Seconded and voted unanimously. A motion was made to adjourn. Seconded and voted unanimously.

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The time was 10:15 a.m.

MN111808 1



DATE: NOVEMBER 18, 2008 8:30 a.m.


Scrivener’s note: The following minutes are general in nature. For those wanting specific detail on matters heard on this agenda, several resources are available to you: video-on-demand (free on the Town website at town.barnstable.ma.us ), audiocassette and DVD recordings. Please contact the Conservation Division at 508.862.4093 for assistance. The meeting was called to order at 8:30 p.m. by Chairman Dennis R. Houle. Also attending were Commissioners Peter Sampou, Scott Blazis, Larry Morin, Tom Lee, and Louise Foster. Vice-Chairman John Abodeely was away. Rob Gatewood, Conservation Administrator, assisted, along with Darcy Karle, Conservation Agent, and Fred Stepanis, Conservation Assistant. The meeting was held in the Hearing Room, Barnstable Town Hall, Hyannis, MA. I REVISED PLANS project type revision A. Benoit SE3-4416 dock boat The applicant was represented by Steve Wilson, P.E. Issues discussed:

• Concerns arose over boat length and horsepower. A request for an Amended Order track was considered to be more appropriate.

A motion was made to deny the revised plan. Seconded and voted unanimously. B. Sirhal SE3-4035 sfd add shed The applicant attended the hearing. Issues discussed:

• The shed required a waiver within the 50-foot buffer • A fuel storage safeguard was imposed.

A motion was made to approve the revised plan. Seconded and voted unanimously. C. Red Lily Pond Assoc. SE3-4732 invasives footprint The applicant was represented by Jim Lane. Issues discussed:

• A request to address a second patch of phragmites adjacent to the lower section of the herring run;



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• The availability of AmeriCorps for assistance – December only; • Project to be a “clean-up” of phragmites from the “ditch,” and removal of the stems and seed heads.

A motion was made to approve the revised plan. Seconded and voted unanimously. II EXTENSION PERMITS A. Seapuit Partners LLC SE3-4375 pier, ramp, & float 1st Request/3 yrs. The applicant was represented by Peter Markunis. Issues discussed:

• Dredging is the only remaining portion of the project to be completed. A motion was made to approve a three-year extension. Seconded and voted unanimously. B. Hyannis Bldg. & Dev. Assoc. remove floats; add floating dock 1st Request/3 yrs.

SE3-4308 (cont’d. from 10/21)

No one attended the hearing. A motion was made to approve a three-year extension. Seconded and voted unanimously. lII ENFORCEMENT ORDERS A. Peter P. Favat - 373 Bay Lane, Centerville SE3-3497 Alteration in a resource area, flood zone, by rebuilding and extending a deck, placing old decking under said deck, construction of a new ground level deck and removal of shrubs, adding a light post, phragmites removal, unauthorized activity beyond the scope of an approved plan of record by adding 3 additional canoe/kayak racks on permitted boardwalk. Previous enforcement history, 3 enforcement orders, 7 non-criminal citations, 1 warning letter, and 7 filings with the Commission between 1997 and 2000. (continued from 10/21) Attorney Kenney and Mr. Favat were present at the hearing. Assistant Town Attorney Charlie McLaughlin assisted the Commission. Ms. Karle informed the Commission of a prior meeting held in the Legal Department which she, Chairman Houle, Attorney Kenney, Peter Favat and Attorney McLaughlin attended. The enforcement order was discussed. Mr. Kenney and Mr. Favat presented what they were willing to offer as mitigation in order to seek approval for the five-foot extension on the upper deck. Darcy read the proposed agreement as follows:

• Submission of appropriate filing or plan; • Location of two additional kayak/canoe racks; • Removal of all hardscape from back yard area; • Removal of one set of stairs on upper deck; • Removal of 8’5”x 8’ 5” ground-level deck (completed); • Removal of wood and old decking under upper deck (completed); • Location of rubbish box on a plan; • Removal of light post (completed);

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• Removal of all lawn area in backyard and replant with native shrubs; • Agreement to cease and desist from all phragmites removal, which will require the filing of an RDA for any

future removal; • Submission of annual reports over a three to five-year period on the health of the mitigation plantings; • Permission for Conservation staff to enter property, in perpetuity.

Mrs. Asiaf attended the hearing late as an abutter; she had concerns about the sunroom. A motion was made to require the applicant, in consultation with staff, to file either a Notice of Intent or an enforcement order mitigation plan within sixty days, in order to reach a resolution. Seconded and voted unanimously. B. Denise G. Swan – 32 Windswept Way, Osterville SE3-3857

Violation of a Certificate of Compliance “on-going conditions” by cutting several trees on a coastal bank and 50’ buffer zone. (cont’d. from 10/21)

Don Schall from AECOM, and Attorney Eric Wodlinger were present at the hearing. Mr. Schall presented his mitigation report and plan. The Commission and staff viewed the plan as an understory planting plan. Public Comment:

• Attorney Larry Murphy from Oyster Harbors Club said the new plan by AECOM does not show what was first proposed for tree planting.

A motion was made to continue the hearing to December 2nd, in order to review a revised plan showing possible tree planting above the wall, which should be investigated along with the possibility of using sprouts from some of the stumps. The phragmites control program first proposed will be omitted, and the proposed leaching strip along the parking lot will be investigated. Tree planting shall be shown on the plan in all flat areas, along with Oyster Harbor Club property. The planting of trees on the slope will need to be investigated and included, along with some stump-sprout maintenance. Seconded and voted unanimously.

C. Lori, Robert and Nancy Parks – 429 Phinney’s Lane, Centerville Alteration of the Barnstable Conservation Commission 50’ undisturbed buffer zone and 100’ buffer zone from BVW on Wequaquet Lake, by cutting trees. Mr. Parks and Ann Sheridan, Landscape Architect, from Duxbury Gardens, were present at the hearing. A motion was made to approve the enforcement order as written. However, if equivalent inches (size) in tree replanting is not feasible due to space, a plan may be submitted indicating 20 to 25 trees planted, 10–20% sprout maintenance on stumps, and understory planting. The plan would be reviewed by the Commission at the December 2nd, 2008 hearing. D. Augustus and Deborah Wagner Jr. – 207 Regency Drive, Marston Mills Unpermitted seasonal dock on Mystic Lake Mr. Wagner attended the hearing, as well as Assistant Town Attorney, Charles McLaughlin. A motion was made to amend the enforcement order to allow the filing of a Notice of Intent application within sixty days to seek approval for the dock. The dock may remain in place during the filing process. Seconded and voted unanimously.

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IV WARNING LETTERS A. David and Kirsten Gould – 139 Regency Drive, Marstons Mills – Unpermitted dock and boat rack

Ms. Karle read the warning letter before the Commission. A motion was made to approve the letter. Seconded and voted unanimously. V CERTIFICATES OF COMPLIANCE

(ap = as-built plan) (coc = Certificate of compliance) (ez = no deviations, staff recommends approval) (ok = minor deviations, staff recommends approval) (c = staff recommends approval with contingencies) (d = deviations, staff recommends denial) (* = on-going conditions) A. Curtin SE3-4453 (ap,d) substitute lawn for understory and ground cover (continued from 10/21/08 hearing) A motion was made to approve the Certificate, contingent upon the submission of a revised plan. Seconded and voted unanimously. B. Curtin SE3-4453 (coc) construct boardwalk; remove invasives * C. Kelly SE3-4322 (ap,ok) add bluestone patio and steps D. Kelly SE3-4322 (coc) construct single-family dwelling * A motion was made to approve Certificates “B,” “C,” and “D.” Seconded and voted unanimously. E. Willard SE3-4315 (coc) permit existing pier, floats, & tie-off piles * A motion was made to approve the Certificate, contingent upon the removal of the flood light. Seconded and voted unanimously. F. DeVesto/Hahn SE3-4484 (rev. plan) add dual bulkhead stairs A motion was made to approve the Certificate. Seconded and voted unanimously. VI OLD & NEW BUSINESS A. Stephen Walske SE3-4765 pier, ramp, float request for reconsideration: footprint The applicant was represented by John O’Dea, E.I.T. and Peter Sullivan, P.E. The neighbor to the north desires the pier to be rotated 15 degrees to the south. No deeper water would be attained, and no larger boat would be requested. Attorney Richard Martin represented abutters Baker and McDonough. A motion was made to reconsider the project for potential repositioning only. Seconded and voted unanimously.

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B. John and Leslie Wilson - replanting plan review, requirement of enforcement order amended 10/21/08- 151 Irving Street, Hyannis port DA-07067 A motion was made to continue the hearing to December 2nd. Seconded and voted unanimously. C. Long Pond Conservation Area Community Gardens – future management Donna Lawson, representing both the Master Gardeners Program and the Marstons Mills Village Association, was present at the hearing. Ms. Karle stated that Self-Reliance Corporation was stepping down as manager of the community gardens at Long Pond Conservation area. She was pleased to announce that two groups – the Master Gardeners Program, under the Cooperative Extension Service, and the Marstons Mills Village Association – were offering to manage the gardens. A motion was made to approve the Master Gardeners Program as new manager of the community gardens. Seconded and voted unanimously. D. Other None A motion was made to adjourn. Seconded and voted unanimously. The time was 11:32 a.m.

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DATE: DECEMBER 2, 2008 8:30 a.m.


Scrivener’s note: The following minutes are general in nature. For those wanting specific detail on matters heard on this agenda, several resources are available to you: video-on-demand (free on the Town website at town.barnstable.ma.us ), audiocassette and DVD recordings. Please contact the Conservation Division at 508.862.4093 for assistance. The meeting was called to order at 8:30 a.m. by Chairman Dennis R. Houle. Also attending were Vice-Chairman John Abodeely and Commissioners Tom Lee, and Louise Foster. Commissioner Larry Morin was away, and Commissioners Peter Sampou and Scott Blazis were teaching. Rob Gatewood, Conservation Administrator, assisted, along with Darcy Karle, Conservation Agent, and Fred Stepanis, Conservation Assistant. The meeting was held in the Hearing Room, Barnstable Town Hall, Hyannis, MA. I REVISED PLANS project type revision A. Hinckley SE3-4463 road footprint The applicant was represented by Lynne Hamlyn. Issues discussed:

• The road footprint was altered, but not significantly. A motion was made to approve the revised plan. Seconded and voted unanimously. II EXTENSION PERMITS A. Hinckley SE3-4463 road 1st Request/3 yrs. The applicant was represented by Lynne Hamlyn. Issues discussed: None A motion was made to approve a three-year extension. Seconded and voted unanimously.



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lII ENFORCEMENT ORDERS A. Jane Smith – 60 Flume Avenue, Marstons Mills

Unpermitted dock/deck on Middle Pond Ms. Smith and her daughter attended the hearing.

Ms. Smith showed photos of the dock/deck dating back to the 1950’s.

A motion was made to amend the enforcement order to allow the structure to remain during the filing process. The Notice of Intent shall be submitted within sixty days, on or before January 31, 2009.

Seconded and voted unanimously.

B. Denise G. Swan – 32 Windswept Way, Osterville SE3-3857

Violation of a Certificate of Compliance “on-going conditions” by cutting several trees on a coastal bank and 50’ buffer zone. (cont’d. from 10/21, 11/18).

A continuance was requested via letter. A motion was made to continue the hearing to January 13, 2009. Seconded and voted unanimously. IV CERTIFICATES OF COMPLIANCE

(ap = as-built plan) (coc = Certificate of compliance) (ez = no deviations, staff recommends approval) (ok = minor deviations, staff recommends approval) (c = staff recommends approval with contingencies) (d = deviations, staff recommends denial) (* = on-going conditions) A. Mecley SE3-4674 (ap,ok) unpermitted patio B. Mecley SE3-4674 (coc, ok) construct pool & pool house (not done) C. Evanko SE3-3863 (ap,ok) add patio and a/c units with pad & fencing D. Evanko SE3-3863 (coc, ok) replace foundation; construct addition & deck * A motion as made to approve all (“A – D”) the certificates of compliance. Seconded and voted unanimously. V OLD & NEW BUSINESS A. Sandy Neck year-end report by Park Manager Nina Coleman Sandy Neck Park Manager Nina Coleman presented her year-end report. New Natural Resources Officer Matt Goff was introduced.

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(Old & New Business, cont’d.) B. Lori, Robert and Nancy Parks – replanting plan review – (from Nov. 18, 2008 hearing) Ann Sheridan presented a planting plan based upon the revised enforcement order. A motion was made to have staff visit the site again to determine whether any additional trees can be planted on the left side. The motion included the requirement of a five-year maintenance regimen, and annual reporting on planting, once completed. Seconded and voted unanimously. C. John and Leslie Wilson – Replanting plan review – to be continued without testimony to January 13, 2009. A motion was made to adjourn. Seconded and voted unanimously. The time was 9:58 a.m.

MN011309 1




LOCATION: TOWN HALL HEARING ROOM Scrivener’s note: The following minutes are general in nature. For those wanting specific detail on matters heard on this agenda, several resources are available to you: video-on-demand (free on the Town website at town.barnstable.ma.us ), audiocassette and DVD recordings. Please contact the Conservation Division at 508.862.4093 for assistance. The meeting was called to order at 8:30 a.m. by Chairman Dennis Houle. Also attending were Vice-Chairman Tom Lee and Commissioners Larry Morin and Louise Foster. Commissioner John Abodeely was away, and Commissioners Peter Sampou and Scott Blazis were teaching. Rob Gatewood, Conservation Administrator, assisted along with Darcy Karle, Conservation Agent, and Fred Stepanis, Conservation Assistant.

The meeting was held in the Hearing Room, Barnstable Town Hall, Hyannis, MA. I EXTENSION PERMITS A. Cape Cod Oyster SE3-4400 pier, flupsys, dredging 1st Request/3 years The applicant was represented by John O’Dea, E.I.T. A motion was made to approve a three-year extension. Seconded and voted unanimously. B. Weinstein SE3-4481 pool, cabana, sports court 1st Request/3 years The applicant did not attend the hearing. A motion was made to approve a three-year extension. Seconded and voted unanimously. C. Cotuit Oyster Company SE3-4095 work bldg., pier, septic 1st Request/3 years The applicant was represented by Arlene Wilson, P.W.S. Issues discussed:

• The extension was requested under the Town Ordinance, only. A motion was made to approve a three-year extension, Town Ordinance only. Seconded and voted unanimously. D. Antin SE3-4467 sfd 1st Request/3 years The applicant was represented by Attorney Philip Boudreau.



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A motion was made to approve a three-year extension. Seconded and voted unanimously. E. Three Bays Preservation SE3-3743 dredging/ nourishment 3rd request/ total 12 yrs The applicant was represented by Lindsey Counsell and John O’Dea, E.I.T. Issues discussed:

• Reasons why a third three-year extension should be granted in this case. A motion was made to approve a three-year extension. II ENFORCEMENT ORDERS A. Denise G. Swan – 32 Windswept Way, Oyster Harbors – mitigation plan SE3-3857

Violation of a Certificate of Compliance “on-going conditions” by cutting several trees on a coastal bank and 50’ buffer zone. (cont’d. from 11/18)

A request for a continuance via letter was received from applicant’s representative, Attorney Eric Wodlinger. A motion was made to continue the hearing, with the understanding that staff be invited to a site visit within the next week or two; the Commission desired to review the plan ahead of time. Seconded and voted unanimously. III WARNING LETTERS

A. Gillmore Marine – 81 Sand Point, Osterville - review of work protocol SE3-4684 George Gilmore attended the hearing, as requested. No further enforcement action was deemed necessary. Noted. B. Dorthy Heathwood – 50 Windrush Lane, Osterville – failure to obtain final COC SE3-2792 Ms. Heathwood did not attend the hearing. Noted. IV CERTIFICATES OF COMPLIANCE

(ap = as-built plan) (coc = Certificate of compliance) (ez = no deviations, staff recommends approval) (ok = minor deviations, staff recommends approval) (c = staff recommends approval with contingencies) (d = deviations, staff recommends denial) (* = on-going conditions) A. McConville SE3-4456 (ap,ok) miscellaneous landscaping and hardscaping changes B. McConville SE3-4456 (coc,ok) construct single-family dwelling * A motion was made to approve certificates “A – B”. Seconded and voted unanimously. C. Jaques SE3-4620 (coc,d) construct single-family dwelling * Jimmy Bowes represented his client.

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The certificate of compliance request was denied, even though Baxter & Nye re-staked the site. The fence was not installed, and the Commission could not decipher anything from the photos that Mr. Bowes submitted. A motion was made to deny the certificate. Seconded and voted unanimously. D. Zephir SE3-4210 (coc,ok) repair & expand revetment * A motion was made to approve the certificate Seconded and voted unanimously. V OLD & NEW BUSINESS A. John and Leslie Wilson – replanting plan review – Continued from Nov. 18, 2008 hearing A motion was made to continue the hearing to February 10, 2009. Seconded and voted unanimously. B. Lori, Robert, and Nancy Parks – replanting plan review – (from Nov. 18, 2008 hearing) Robert Parks and Ann Sheridan of Duxbury Gardeners attended the hearing. The Conservation Agent reported that she went to the site and was able to squeeze in fourteen more trees. A motion was made to approve the plan dated 1/7/09. Included, will be a five-year monitoring plan with reports to be submitted annually. Seconded and voted unanimously. C. Clarification on Sec. 702 schedule enforceability The Commission concurred that the newly adopted shooting range schedule of operating hours shall be enforced via Chapter 702 of the Town Code, Sections 702-2 C I and Section 702-3. D. Other Staff announced new division operating procedures for processing Certificate of Compliance requests. Its purpose is to provide prompt execution of inspections, certificate issuance and, where warranted, remedial action where project corrections are needed. The Commission expressed concern that the enforcement trigger be clear-cut. Public Comment:

• Arlene Wilson requested that the applicant have the option of attending certificate of compliance site visits. A motion was made to approve the certificate of compliance policy, pending its written submission and release to the Commission, consultants, and the public. A motion was made to adjourn. Seconded and voted unanimously. The time was 9:29 a.m.

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DATE: February 10, 2009 8:30 a.m.

LOCATION: TOWN HALL, HEARING ROOM Scrivener’s note: The following minutes are general in nature. For those wanting specific detail on matters heard on this agenda, several resources are available to you: video-on-demand (free on the Town website at town.barnstable.ma.us ), audiocassette and DVD recordings. Please contact the Conservation Division at 508.862.4093 for assistance. The meeting was called to order at 8:30 a.m. by Chairman Dennis R. Houle. Also attending were Vice-Chairman Tom Lee and Commissioners Larry Morin and Louise Foster. Commissioners Peter Sampou and Scott Blazis were teaching, and Commission John Abodeely was away. Rob Gatewood, Conservation Administrator, assisted, along with Darcy Karle, Conservation Agent and Fred Stepanis, Conservation Assistant. The meeting was held in the Hearing Room, Barnstable Town Hall, Hyannis, MA. I REVISED PLANS project type revision A. Morrissey SE3-3514 floats; ramp storage box/seat The matter was deferred until later in the agenda under Certificates of Compliance. B. Benedetto SE3-4203 sfd location house & barn The applicant was represented by Steve Wilson, PE. Issues discussed: No concerns arose. A motion was made to approve the revised plan. Seconded and voted unanimously. II EXTENSION PERMITS A. Mellon SE3-4050 bridge, sfd, pool, retaining wall 2nd Request; 3 yrs. The applicant was represented by John O’Dea, E.I.T. Issues discussed:

A second three-year extension was requested, which is a deviation from standard operating procedures. A motion was made to approve a three-year extension, with no further extension possible. Seconded and voted unanimously. B. Mycock SE3-4177 cottage rehab 2nd Request; 3 yrs.



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(Extensions, Mycock, cont’d.) The applicant was represented by Arlene Wilson, PWS. Issues discussed:

The project has been delayed, due to issues with the Health Division over the proposed septic system. Given the delay in attaining permits, Ms. Wilson suggested that a three-year extension would be prudent.

A motion was made to approve a three-year extension, with no further extension possible. Seconded and voted unanimously. III ENFORCEMENT ORDERS A. Stephen and Jane Woelfel – 140 Short Beach Road, Centerville SE3-4135 Violation of an order of conditions by failing to obtain a Certificate of Compliance. Mr. Woelfel was represented by Arlene Wilson, PWS. A motion was made to amend the enforcement order to read that a determination of applicability shall be filed within four weeks under the local ordinance for the second-floor deck extension. Seconded and voted unanimously. B. Denise G. Swan – 32 Windswept Way, Oyster Harbors – mitigation plan SE3-3857 Violation of a Certificate of Compliance “on-going conditions” by cutting several trees on a coastal bank and 50’ buffer zone. (cont’d from Jan 13th) Mrs. Swan was represented by Attorney Eric Wodlinger, Don Schall, Bruce Besse, and Steve Wilson. After meeting on site with staff, Mr. Schall presented the Commission with a new planting plan showing six additional trees to be planted. The plan failed to note, however, that trees on the club property will increase in size. A copy of the agreement between Mrs. Swan and the club will be submitted. Mr. Besse explained that trees would come in on a dolly. A majority of the planting would be done between early spring to June 15th. The rest would be completed in the fall. Staff requested that a work protocol be submitted by Bruce Besse and Don Schall, and that a pre-planting on-site meeting between the contractor and staff be arranged. A temporary irrigation system will be permitted. Staff also recommended that the RDA be withdrawn. The Commission will require annual reports to be submitted for three growing seasons. Any new team members brought in for planting or report-writing must be certified arborists. A new plan will be submitted with additional size of club trees in the “key box”. A motion was made to issue an amended enforcement order, to include the following:

1) Submission of the agreement between the club and Mrs. Swan. Work protocol to be submitted by Bruce Besse and Don Schall. A pre-start meeting to be set up between the contractor and staff.

2) Prior to the start of work, the applicant shall attend an on-site meeting with the contractor and consultant to discuss the scope of the work and protocols.

3) Temporary irrigation shall be installed. 4) Trees shall be transported on dollies to avoid heavy equipment on the bank. 5) A majority of the planting shall be completed between May 15 and June 15, 2009, with the remainder

to be completed in the fall of 2009.

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(Enforcements, Swan, cont’d.) 6) Annual reports with photos shall be submitted for three years, to begin once the planting is completed.

Reports shall be due in the fall of 2010, 2011, and 2012. 7) Any trees or understory plantings which have died or are listed in poor health in any of the three-year

annual reports shall be replanted. 8) Any change in team members for the actual planting or report-writing shall promptly be brought to the

attention of the Conservation Commission. Any replacements shall be certified arborists. IV WRITTEN WARNINGS

A. Damien Dupuy – 35 Powers Drive, Osterville SE3-4317 The Conservation Agent explained that a tree was removed for the purpose of constructing a second kayak rack, and there was some disturbance of the bank next to the stairs. The property owner submitted a letter agreeing to replant the necessary vegetation, including a holly tree and a high bush blueberry. The Commission noted the written warning. V CERTIFICATES OF COMPLIANCE

(ap = as-built plan) (coc = Certificate of compliance) (ez = no deviations, staff recommends approval) (ok = minor deviations, staff recommends approval) (c = staff recommends approval with contingencies) (d = deviations, staff recommends denial) (* = on-going conditions) A. Morrissey SE3-3514 (ap) bump out final bent of dock for bench B. Morrissey SE3-3514 (coc,d) modify existing dock * A motion was made to deny certificates “A” and “B”. The property owner will be given two to three months to remove the “bump out” on the dock, bench and box. Seconded and voted unanimously. C. Sullivan SE3-4426 (ap) construct path and add flagstone to another path D. Sullivan SE3-4426 (coc,d) reconstruct house & landscaping * A motion was made to deny certificates “C” and “D”. With regard to the path project, flagstones were deemed okay; a second path is to be planted. Seconded and voted unanimously. E. Town of Barnstable/DPW SE3-3612 (coc,ez) reconstruct parking lot at Circuit Avenue * F. Town of Barnstable/DPW SE3-4356 (coc,ez) dredge Maraspin Creek G. Town of Barnstable/DPW SE3-3140 (coc,ez) construct bulkhead & boat ramp (not done) H. Town of Barnstable/DPW SE3-4353 (coc,ez) repair drainage culvert (not done) I. Kingfish LLC SE3-4684 (coc,ez) construct revetment & dune * J. Schuster SE3-4688 (coc,ez) construct revetment & dune * K. DeMartin SE3-4436 (coc,ez) construct single-family dwelling *

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(Certificates, cont’d.) L. Bonnybrook R.T. SE3-3880 (coc,ez) dredging & beach nourishment (not done) M. Anchor-In Motel SE3-3819 (coc,ez) dredging (not done) N. Dupuy SE3-4317 (coc,ez) construct path, stairs, dock & boat racks * A motion was made to approve certificates “E – N”. Seconded and voted unanimously. VI OLD & NEW BUSINESS A. Long Pond Community Gardens – irrigation system Donna Lawson appeared before the Commission to announce the good news that she had received funds from NRCS for a new irrigation system. The Commission approved, and will also allow expansion of the garden, in consultation with staff. A motion was made to adjourn. Seconded and voted unanimously. The time was 10:00 a.m.

MN032409 1



DATE: March 24, 2009 8:30 a.m.

LOCATION: TOWN HALL, HEARING ROOM

Scrivener’s note: The following minutes are general in nature. For those wanting specific detail on matters heard on this agenda, several resources are available to you: video-on-demand (free on the Town website at town.barnstable.ma.us ), audiocassette and DVD recordings. Please contact the Conservation Division at 508.862.4093 for assistance. The meeting was called to order at 6:30 p.m. by Chairman Dennis R. Houle. Also attending were Vice-Chairman Tom Lee and Commissioners Larry Morin, and Louise Foster. Commissioners John Abodeely was away, and Commissioners Peter Sampou and Scott Blazis were teaching. Rob Gatewood, Conservation Administrator, assisted, along with Darcy Karle, Conservation Agent, and Fred Stepanis, Conservation Assistant. The meeting was held in the Hearing Room, Barnstable Town Hall, Hyannis, MA. I REVISED PLANS project type revision A. ToB/DPW SE3-3867 boat ramp footprint, planting The applicant was represented by Robert Burgmann, P.E. Issues discussed:

Additional dumped rip rap proposed for slope at northern property line; Planting rye grass/fescue instead of beach grass Addition cross-section needed on plan

A motion was made to approve the revised plan. Seconded and voted unanimously. B. Town of Barnstable Cons. Div. SE3-4754 dune stabilizing footprint The applicant was represented by Rob Gatewood, Conservation Administrator. Issues discussed:

Extending dune-building area to the north. A motion was made to approve the revised plan Seconded and voted unanimously. II EXTENSION PERMITS A. Stoddard SE3-4087 dormers, deck, etc. 2nd Request; 3 yrs. The applicant was represented by R. J. O’Hearn, P.L.S. and Jane Stoddard.



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(Extension, Stoddard, cont’d.) Issues discussed: no concerns arose. A motion was made to approve a three-year extension. Seconded and voted unanimously. B. Tobin SE3-4494 sfd 1st Request; 3 yrs. The applicant was represented by John O’Dea, E.I.T. Issues discussed: no concerns arose. A motion was made to approve a three-year extension. Seconded and voted unanimously. C. McGraw SE3-4485 pool, patio, wall, cabana 1st Request; 1 yr. The applicant was represented by John O’Dea, E.I.T. Issues discussed: no concerns arose. A motion was made to approve a three-year extension. Seconded and voted unanimously. D. Payne SE3-4493 remove invasives, reveg. 1st Request; 3 yrs. The applicant was represented by John O’Dea, E.I.T. Issues discussed: no concerns arose. A motion was made to approve a three-year extension. Seconded and voted unanimously. E. Seapuit Harbors, LLC SE3-4093 sfd/septic/drive/landscape 2nd Request; 3 yrs. Request for Continuance This matter to be taken up on April 14, 2009. F. Ginsberg (Flagship) SE3-4489 condo complex 1st Request; 3 yrs. The applicant was represented by Mark Dibb, P.E. Issues discussed: no concerns arose. A motion was made to approve a three-year extension. Seconded and voted unanimously. III ENFORCEMENT ORDERS A. Carol Onisko (new property owner Jeffrey Krug) – 250 Hollidge Hill Lane, Marstons Mills DA-07004 Violation of an enforcement order by failing to submit planting plan and plant, 20’ buffer from bank.

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(Enforcement, Onisko, cont’d.) No one appeared at the hearing. A motion was made to approve an amended enforcement order of this date, March 24, 2009, listing Jeffrey Krug as the new property owner and the responsible party for planting the native shrubs this spring, as stated in the letter dated January 21, 2009. Seconded and voted unanimously. B. Karl Maki – 1700 Main Street/ Rt. 6A, West Barnstable Alteration of the 50’ buffer zone and 100’ buffer by clearing understory and placement of a large wood pile. Dumping wood chips near a wetland and adding to a very large compost pile within the 50’ buffer zone. Attorney Kenny represented the client, Mr. Maki. A motion was made to approve the enforcement order as written, and also allow Mr. Maki to cut the understory twenty feet off the property boundary near Route 6A, for safety purposes. Seconded and voted unanimously. C. Robert Turnbull – 797 Old Post Road, Cotuit Alteration of a coastal bank by cutting steps into the bank. Jarod McMurray of Cotuit Landscape represented the client. A motion was made to approve the enforcement order as written. Seconded and voted unanimously. IV WARNING LETTERS A. John Cook, Jr. – 995 Sea View Avenue – unpermitted pier under state and town ordinance/ holds Ch. 91 Steve Wilson, P.E., represented Mr. Cook, who will be filing a Notice of Intent. A motion was made to approve the written warning as written. Seconded and voted unanimously. V CERTIFICATES OF COMPLIANCE

(ap = as-built plan) (coc = Certificate of compliance) (ez = no deviations, staff recommends approval) (ok = minor deviations, staff recommends approval) (c = staff recommends approval with contingencies) (d = deviations, staff recommends denial) (* = on-going conditions) A. Perry SE3-4130 (coc,d) reconstruct & modify stairs, landing, and un-permitted pier A motion was made to deny the certificate; a 60-day letter will be sent. Seconded and voted unanimously. B. Canavan SE3-4360 (coc,ok) replace stone wall with bulkhead * A motion was made to approve the certificate, provided that minor sandbagging or coir logs be placed in front of the east return with at least two weeks advance consultation with, and approval by, the Conservation Agent. Seconded and voted unanimously.

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(Certificates, cont’d.) C. Gonsalves SE3-4425 (coc,ok) reconstruct elevated stairs (not done) and retaining walls * A motion was made to approve the certificate. Seconded and voted unanimously. D. Reilly SE3-3837 (coc,d) construct single-family dwelling & barn * A motion was made to deny the certificate; a 60-day letter will be sent. Seconded and voted unanimously. E. Steeves SE3-3149 (coc,d) construct addition to single-family dwelling * A motion was made to deny the certificate; applicant to submit an as-build plan with any proposed mitigation to staff for approval. In addition, applicant to remove fiberglass and replace with latticework, plus-or-minus 9” on the south side. A 60-day letter will be sent. Seconded and voted unanimously. F. Sullivan SE3-4418 (coc,ok) replace bank stairs & bulkhead * A motion was made to approve the certificate, provided that the applicant submit a letter and photo indicating that the purpose of the davit is to raise and lower stairs. Seconded and voted unanimously. VI OLD & NEW BUSINESS A. John and Leslie Wilson – replanting plan review – Continued from Jan. 13, 2009 The concept plan was approved. B. Request to continue farm use at Cobb parcel, Barnstable village Staff informed the Commission of the request of the new lessee of the County Farm, Tim Friary of Cape Cod Organics, who would like to hay and pasture lambs on the Cobb conservation land nearby. Mr. Friary could not attend the meeting. C. DPW request for use of millings for grading projects. A motion was made to allow the request, pending it’s receipt in writing via letter, and found to be acceptable by staff. Seconded and voted unanimously. A motion was made to adjourn. Seconded and voted unanimously. The time was 10:46 a.m.

MN051209 1



DATE: May 12, 2009 8:30 a.m.


Scrivener’s note: The following minutes are general in nature. For those wanting specific detail on matters heard on this agenda, several resources are available to you: video-on-demand (free on the Town website at town.barnstable.ma.us ), audiocassette and DVD recordings. Please contact the Conservation Division at 508.862.4093 for assistance. The meeting was called to order at 8:30 p.m. by Chairman Dennis R. Houle. Also attending were Vice-Chairman Tom Lee, and Commissioners Larry Morin and Louise Foster. Commissioners Peter Sampou and Scott Blazis were teaching, and Commissioner John Abodeely was away. Rob Gatewood, Conservation Administrator, assisted. The meeting was held in the Hearing Room, Barnstable Town Hall, Hyannis, MA. I REVISED PLANS project type revision A. Ciolek SE3-4677 detached garage mitigation Rescheduled for 6/9 At the applicant’s request, the matter was tabled to June 9, 2009. B. James Sullivan SE3-4689 repair sea wall footprint, pier lighting, etc. The applicant was represented by John O’Dea, E.I.T. Issues discussed:

A work protocol to be discussed prior to the work Work would also included repair on the grouted revetment.

A motion was made to approve the revised plan. Seconded and voted unanimously. C. Lenk SE3-4711 raze/replace house replace boathouse deck The applicant was represented by Steve Wilson, P.E. Issues discussed:

Existing work limit violations at the new house site will be investigated. A motion was made to approve the revised plan. Seconded and voted unanimously. D. Yachtsman Condominium Trust SE3-4593 retaining wall 44-foot extension The applicant was represented by Raoul Sardi.



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(Revised plans/Yachtsman Condo. Tr., cont’d.) Issues discussed:

Lawn to be reduced from 250 sq. ft. to 150 sq. ft. Applicant to provide notice to abutter.

A motion was made to continue the hearing to June 2nd for the purpose of notification to abutter. Seconded and voted unanimously. E. John S. Wilson SE3-4444 foundation add landing The applicant was represented by Steve Wilson, P.E. Issues discussed:

A better location for pier storage will be sought A motion was made to approve the revised plan. Seconded and voted unanimously. F. James Padula DA-09023 deck/3-season room cantilevering The applicant represented himself. Issues discussed: no concerns arose. A motion was made to approve the revised plan. Seconded and voted unanimously. G. McCourt SE3-4747 reconstruct cabana raise, add stairs The applicant was represented by Raoul Sardi. Issues discussed: no concerns arose. A motion was made to approve the revised plan. Seconded and voted unanimously. II EXTENSION PERMITS A. Seapuit Harbors, LLC SE3-4093 sfd/septic/drive/landscape 2nd Request; 3 yrs. The applicant was represented by Peter Markunis, P.E. Issues discussed:

The site cleared in meadow; no threat of erosion. A motion was made to approve a three-year extension. Seconded and voted unanimously. B. ToB/MEA SE3-4129 phargmites control/Sandy Neck 2nd Request; 3 yrs. No one attended the hearing.

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(Extensions, Tob/MEA, cont’d.) Issues discussed: no concerns arose. A motion was made to approve three-year extension. Seconded and voted unanimously. C. Hall SE3-4505 addition to sfd; deck 1st Request; 3 yrs. The applicant was represented by Steve Wilson, P.E. Issues discussed: no concerns arose. A motion was made to approve a three-year extension. Seconded and voted unanimously. D. Three Bays Preservation SE3-4501 maintenance dredging 1st Request; 3 yrs. The applicant was represented by John O’Dea, E.I.T. Issues discussed: no concerns arose. A motion was made to approve a three-year extension. Seconded and voted unanimously. E. McLaughlin SE3-4507 sfd, garage, grading 1st Request; 3 yrs. The applicant was represented by Arlene Wilson, P.W.S. Issues discussed:

Existing landscaping with wood chips will need to be addressed before project end. A motion was made to approve a three-year extension. Seconded and voted unanimously. F. Bridges SE3-4519 sfd, garage, workshop 1st Request; 3 yrs. The applicant was represented by Daniel Ojala, P.E. Issues discussed:

No work has ensued to date. A motion was made to approve a three-year extension. Seconded and voted unanimously.

III CERTIFICATES OF COMPLIANCE

(ap = as-built plan) (coc = Certificate of compliance) (ez = no deviations, staff recommends approval) (ok = minor deviations, staff recommends approval) (c = staff recommends approval with contingencies) (d = deviations, staff recommends denial) (* = on-going conditions) A. Murray Trust SE3-3920 (coc,ok) construct pier, ramp, & float; dredging *

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(Certificates of Compliance, Murray Tr., cont’d.) A motion was made to approve the certificate. Seconded and voted unanimously. IV OLD & NEW BUSINESS A. Use of planks for a simple boardwalk/appropriate filing? The Commission stated that a Notice of Intent application will be needed for any use of planks, boards, or walkways in a resource area. The reason is that the structure must be designed to be raised up, off the ground. B. Long Pond Community Gardens – parking The Commission supported the increase/expansion of the parking area near the road, if needed. C. John Wilson – proposed mitigation plan – 151 Irving Ave. Attorney Sarah Turano-Flores represented Mr. Wilson, and Attorney Michael Ford represented Senator Kennedy. A motion was made to approve a new mitigation plan showing only grasses to be planted; no cedar trees or native shrubs will be planted. Seconded and voted unanimously. D. Other The Chair informed the Commission of the difficulty in opening the Crocker Neck conservation area gate. An overtime reimbursement issue has arisen with the union. The matter is currently being grieved through the Town process. Until it is resolved, the summer schedule for opening and closing the gate will not be instituted. A motion was made to adjourn. Seconded and voted unanimously. The time was 9:55 a.m.

MN060909 1



DATE: June 9, 2009 8:30 a.m.


Scrivener’s note: The following minutes are general in nature. For those wanting specific detail on matters heard on this agenda, several resources are available to you: video-on-demand (free on the Town website at town.barnstable.ma.us ), audiocassette and DVD recordings. Please contact the Conservation Division at 508.862.4093 for assistance.

The meeting was called to order at 8:30 a.m. by Chairman Dennis R. Houle. Also attending were Vice-Chairman Tom Lee, and Commissioners John Abodeely, and Larry Morin. Commissioner Louise Foster was away, and Peter Sampou and Scott Blazis were teaching. Rob Gatewood, Conservation Administrator, assisted, along with Darcy Karle, Conservation Agent, and Fred Stepanis, Conservation Assistant. The meeting was held in the Hearing Room, Barnstable Town Hall, Hyannis, MA. I REVISED PLANS project type revision A. Ciolek SE3-4677 detached garage mitigation The applicant attended. Issues discussed:

Proposing to fill-in voids in vegetation on coastal bank, as opposed to lawn planting Compromising with 3 – 4-ft. planted buffer in addition to filling in Staff consultation required.

A motion was made to approve the revised plan. Seconded and voted unanimously. B. Simboli SE3-3537 raze and rebuild dwelling mitigation landscape plan The applicant was represented by Lynne Hamlyn. Issues discussed:

A mitigation landscaping plan was prepared in consultation with staff A pre-planting meeting between staff, consultant, and contractor was proposed.

A motion was made to approve the revised landscaping plan , subject to a pre-planting meeting with contractor, consultant, and staff. Seconded and voted unanimously. C. C-O-MM SE3-4804 intersection improvements replace/upgrade water lines Requesting continuance to 7/14/09 The matter will be re-docketed to July 14th.



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II EXTENSION PERMITS A. Payson SE3-4530 access road 1st Request; 3 yrs. The applicant was represented by was represented by Arlene Wilson, P.W.S. Issues discussed:

No work under taken to date. A motion was made to approve a three-year extension. Seconded and voted unanimously. B. Cruise SE3-4459 addition/boathouse/landscape 1st Request; 3 yrs. The applicant was represented by Steve Wilson, P.E. Issues discussed:

Cottage work nearly complete. A motion was made to approve a three-year extension. Seconded and voted unanimously. C. Kinsella SE3-4528 pool, access, landscaping 1st Request; 3 yrs. The applicant was represented by Arlene Wilson, P.W.S. Issues discussed:

The work was about 98% complete. A motion was made to approve a three-year extension. Seconded and voted unanimously. III ENFORCEMENT ORDERS A. David J. Der Hagopian – 265 Ocean View Ave., Cotuit Alteration of a resource area, coastal bank, by removing 4 cedar trees, 6” to 8” diameter on a coastal bank. Mr. Der Hagopian was represented by Attorney Kevin Kirrane. A motion was made to issue a second enforcement order, stating the following: “Remove cut slash on bank by July 9, 2009. Replanting mitigation plan shall be submitted to, and approved by,

the Conservation Agent by July 15, 2009. The plan shall show replanting of cut trees, in-kind inches, or other suitable mitigation ideas, e.g., removal of invasive species to make up for the inches that cannot be planted due to steepness of bank. Previous replanting report for this property should be reviewed for ideas. Native trees shall be used and water supplied. Planting shall take place by September 15, 2009.”

Seconded and voted unanimously. B. Edward C. Lenk – 206 Wheeler Road, Marstons Mills SE3-4711 Contractor – Phil Miller of Miller Starbuck Construction Inc. Alteration of a boardering vegetated wetland and 50’ buffer zone by 1” to 2” of silt from failed siltation controls Failure to install a complete section of siltation controls near boat house.

Failure to use any siltation fencing behind haybales.

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(Lenk, cont’d.) Construction of a retaining wall not shown on the plan of record. Failure to submit protocol to protect trees on or near work limit as stated in special conditions. Mr. Phil Miller, contractor, and Steve Wilson, P.E., represented Mr. Lenk. A motion was made to amend the enforcement order to read: “Property owner shall have an engineer submit a protocol for protection of trees on or near the work limit line.

A revised plan shall be submitted for the retaining wall. Siltation control status reports shall be submitted once a month to the Conservation Division by the engineer. “

Seconded and voted unanimously. C. Ray Leoni – 47 Ladd Road, Centerville DA-97001 Unpermitted dock, additional items stored on property. A motion was made to amend the enforcement order to read:

“Remove or file a Notice of Intent for the seasonal dock structure by July 1, 2009; file a Request for Determination for other item stored on the property.”

Seconded and voted unanimously. D. Joan Delnegro – 99 Rosemary Lane, Centerville Alteration the Commission’s 50’ undisturbed buffer zone, by the construction of a retaining wall, associated fill, above ground pool, associated deck, and ground level deck. Ms. Delnegro represented herself. A motion was made to amend the enforcement order as written to read: “File a Notice of Intent or remove all unpermitted structures and replant disturbed areas in consultation with

staff by July 25, 2009. “ Seconded and voted unanimously. F. Daniel Salvatore and Roxanne Pappas – 110 Prince Ave., Marstons Mills SE3-4502 Cutting trees within the River Protection area, failure to cease and desist mowing near river, failure to request a certificate of compliance for SE3-4502. A motion was made to approve the enforcement order as written. Seconded and voted unanimously. IV NON-CRIMINAL CITATIONS A. Edward C. Lenk Jr. – 206 Wheeler Road - violation of an order of conditions - $300.00 SE3-4711 Phil Miller/Miller Starbuck Construction - violation of an order of conditions (contractor) $300.00 SE3-4711 Noted.

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V WRITTEN WARNING

A. Mr. William Landes – 30 Belair Lane, Cotuit – boat hauling device. Approved. VI CERTIFICATES OF COMPLIANCE

(ap = as-built plan) (coc = Certificate of compliance) (ez = no deviations, staff recommends approval) (ok = minor deviations, staff recommends approval) (c = staff recommends approval with contingencies) (d = deviations, staff recommends denial) (* = on-going conditions) A. Windmill Cove Assoc. SE3-4039 (coc) maintenance dredging of Windmill Cove A motion was made to approve the certificate. Seconded and voted unanimously. VII OLD & NEW BUSINESS A. Barnstable County Fire Grant awarded A $10,000 grant was awarded from Barnstable County to be used in West Barnstable conservation area to improve trail and road signage; also, fuel reduction, road repair, and mowing of road buffers.

B. Swan enforcement: planting deadline extension A motion was made to extend the planting deadline through June and beyond, through staff consultation. Seconded and voted unanimously. A motion was made to adjourn. Seconded and voted unanimously. The time was 10:20 a.m.

MN071409 1



DATE: July 14, 2009 8:30 a.m.


Scrivener’s note: The following minutes are general in nature. For those wanting specific detail on matters heard on this agenda, several resources are available to you: video-on-demand (free on the Town website at town.barnstable.ma.us ), audiocassette and DVD recordings. Please contact the Conservation Division at 508.862.4093 for assistance. The meeting was called to order at 8:30 a.m. by Chairman Dennis R. Houle. Also attending were Commissioners John Abodeely, Larry Morin, and Louise Foster. Commissioners Tom Lee, Peter Sampou, and Scott Blazis were away. Rob Gatewood, Conservation Administrator, assisted, along with Darcy Karle, Conservation Agent.. The meeting was held in the Hearing Room, Barnstable Town Hall, Hyannis, MA. I REVISED PLANS project type revision A. C-O-MM SE3-4804 intersection improvements upgrade water lines The matter was withdrawn. B. Weinberg DA-09009 fencing/shrub planting irrigation system The applicant was represented by Phil Cheney. Issues discussed:

Sprinkler heads not to exceed juniper beds at patio. A motion was made to approve the revised plan. Seconded and approved: 3 votes “Aye;” 1 vote “Nay.” A final revised plan will be submitted. C. Warren SE3-4799 sfd footprint The applicant was represented by John O’Reilly, P.E. Issues discussed: None A motion was made to approve the revised plan. Seconded and voted unanimously. D. Olsen SE3-4750 boardwalk & pier add kayak rack The applicant was represented by Peter Sullivan, P.E. Issues discussed: None



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(Olsen, cont’d.) A motion was made to approve the revised plan. Seconded and voted unanimously. E. Lenk SE3-4711 raze/reconstruct house ret. wall/driveway, drainage The applicant was represented by Steve Wilson, P.E. Issues discussed:

Advance on-site consultation with staff required. A motion was made to approve the revised plan. Seconded and voted unanimously. F. Greene SE3-4759 sfd change house design; appurt. The applicant was represented by Lynne Hamlyn and Stan Lewis (potential buyer) Issues discussed: None A motion was made to approve the revised plan. Seconded and voted unanimously. G. Marlu LLC SE3-4783 licensed pier rebuild timing The applicant was represented by Lynne Hamlyn. Issues discussed:

Vessel passage shall not be impeded during work. A motion was made to approve the revised plan. Seconded and voted unanimously. II EXTENSION PERMITS A. Town of Barnstable Cons. Div. SE3-4531 inlet, box culvert, stone groin 1st request; 3 yrs. The applicant was represented by Rob Gatewood. Issues discussed: None A motion was made to approve a three-year extension. Seconded and voted unanimously. B. Pheeney SE3-4133 sfd 2nd request; 3 yrs. The applicant was represented by Peter Sullivan, P.E. Issues discussed:

Economic reasons were cited for the lack of progress.

MN071409 3

(Pheeney, cont’d.) A motion was made to deny the extension request. Seconded and voted unanimously. C. Boudreau SE3-4160 Town sewer hook-up 2nd request; 3 yrs. The applicant was represented by Peter Sullivan, P.E. Issues discussed:

Project coordination with the Town and the DPW; the need for North Street paving has long-delayed the project. A motion was made to approve a three-year extension. Seconded and voted unanimously. D. Mellon SE3-3696 addition to sfd 3rd request; 3 yrs. The applicant was represented by Peter Sullivan, P.E. Issues discussed:

The request was for a third, 3-year extension. A motion was made to deny the extension request. Seconded and voted unanimously. E. Harrison (Willard) SE3-4150 addition to house & garage 2nd request; 3 yrs. The applicant was represented by Attorney David Lawler and Peter Sullivan, P.E. Issues discussed:

The house was recently bought by the Harrisons. No work under this permit has been undertaken to date. Extensive mitigation was proposed in the approved

plan. Any changes to the plan will be brought about via a request for an amended order. A motion was made to approve a three-year extension. Seconded and approved: 3 votes “Aye;” 1 vote “Nay.” F. Town of Barnstable Cons. Div. SE3-4666 box culvert, dredge, nourish, build marsh 1st request; 3 yrs. The applicant was represented by Rob Gatewood. Issues discussed: none. A motion was made to approve a three-year extension. Seconded and voted unanimously. G. Hirsch SE3-4527 ponds, garden, fields 1st request; 3 yrs. The applicant was represented by Michael Borselli. Issues discussed:

MN071409 4

At the urging of the Commission, the applicant will request an allowance for the removal of purple loosestrife from the pond.

A motion was made to approve a three-year extension. (Hirsch, cont’d.) Seconded and voted unanimously.

H. Nauticus Marina, Inc. SE3-4172 maintenance dredging 2nd request; 3 yrs. The applicant was represented by Peter Sullivan, P.E. Issues discussed: None. A motion was made to approve a three-year extension. Seconded and voted unanimously. III ENFORCEMENT ORDERS A Albert L. Silva Jr. – 72 Three Ponds Drive, Centerville SE3-0433 Violation of an amended enforcement order, written and verbal warning, by failing to install required split rail fence at 50’ buffer line, required by the Commission after cutting violation. Show cause hearing. Mr. Silva attended the hearing. A motion was made to amend the enforcement order to include that a fence or approved alternate is to be in place by August 4, 2009. Seconded and voted unanimously. B. Charles and Margaret Gaziano – 86 Clamshell Point Lane, Cotuit Alteration of a coastal bank by dumping landscape debris over the bank and topping shrubs. Enforcement Officer Darcy Karle stated that Mr. Gaziano called and has begun the clean-up of leaves. He will file an RDA for future vista pruning. A motion was made to approve the enforcement order as written. Seconded and voted unanimously.

IV WRITTEN WARNING

A. John Godley – 1037 Race Lane, Marstons Mills – seasonal dock A motion was made to approve the warning, as written. Seconded and voted unanimously. V CERTIFICATES OF COMPLIANCE

(ap = as-built plan) (coc = Certificate of compliance) (ez = no deviations, staff recommends approval) (ok = minor deviations, staff recommends approval) (c = staff recommends approval with contingencies) (d = deviations, staff recommends denial) (* = on-going conditions)

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None VII OLD & NEW BUSINESS A. Dubuque SE3-4513 pool/carriage house paving stones and COC The applicant was represented by Steve Wilson, P.E. Most of the Commissioners had visited the site and found the planting mitigation more than adequate to compensate for a few paving stones to the flagpole and beach shed. The matter will appear under “EZ” Certificates of Compliance at a future hearing. B. Other – None A motion was made to adjourn. Seconded and voted unanimously. The time was 9:55 a.m.

MN090809 1



DATE: September 8, 2009 8:30 a.m.


Scrivener’s note: The following minutes are general in nature. For those wanting specific detail on matters heard on this agenda, additional resources are available to you: video-on-demand (free on the Town website at town.barnstable.ma.us), and DVD recordings. Please contact the Conservation Division at 508.862.4093 for assistance. The meeting was called to order at 8:30 a.m. by Chairman Dennis R. Houle. Also attending were Vice-Chairman Tom Lee and Commissioners John Abodeely, Larry Morin, and Louise Foster. Commissioners Peter Sampou and Scott Blazis were teaching. Rob Gatewood, Conservation Administrator, assisted along with Darcy Karle, Conservation Agent, and Fred Stepanis, Conservation Assistant. The meeting was held in the Hearing Room, Barnstable Town Hall, Hyannis, MA. I REVISED PLANS project type revision A. McLaughlin SE3-4507 raze/rebuild dwelling, pier garage The applicant was represented by Arlene Wilson, P.W.S. Issues discussed: None A motion was made to approve the revised plan. Seconded and voted unanimously. B. Drake SE3-3624 sfd driveway turning area The applicant was represented by Edward Pesce. Issues discussed: None A motion was made to approve the revised plan. Seconded and voted unanimously. II EXTENSION PERMITS A. Capizzi BCC-0185 sfd 1st Request; 2 yrs. No one attended the hearing. Issues discussed: None A motion was made to approve a three-year extension. Seconded and voted unanimously.



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(Extension Permits, cont’d.) B. RMR Nominee Trust SE3-4206 sfd 2nd Request; 3 yrs. The applicant was represented by John O’Dea, P.E. Issues discussed:

This second request for an extension was discussed. No further extensions will be granted after this. A motion was made to approve a three-year extension. Seconded and voted: 4 votes – “Aye” Commissioner Abodeely abstained from the vote. C. Gaspard SE3-4391 deck, porch, room addition 1st Request; 3 yrs. The applicant attended the hearing. Issues discussed:

The extension date to be consistent with the D.E.P.’s Final Order of November 7, 2008, with the Chapter 230 permit extended to November 7, 2011.

A motion was made to approve a three-year extension. Seconded and voted unanimously. D. Crowell SE3-4546 sfd 1st Request; 3 yrs. The applicant attended the hearing. Issues discussed: None A motion was made to approve a three-year extension. Seconded and voted unanimously. E. Hammel BCC-0186 (only) physical modif., agric. use 1st Request; 3 yrs. The applicant did not attend the hearing. Issues discussed:

The date to be consistent with D.E.P.’s Final Order of July 25, 2006, with Chapter 230 permit extended to July 25, 2012.

A motion was made to approve a three-year extension. Seconded and voted unanimously. III ENFORCEMENT ORDERS A. George and Mary Ashur – 487 Scudder Ave., Hyannis Alteration of the 100’ buffer zone, by clearing understory. The Conservation Agent, Darcy Karle, stated that the property owner, Mr. Ashur, agrees with “grow-back” on the bank and understands that the D.E.P. wetland overlay was off by 80 feet. Mr. Ashur agrees to move the debris pile as required in the amended enforcement order.

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A motion was made to approve the amended order as written. (Ashur, cont’d.) Seconded and voted unanimously. B. John J. Trotto – 500 Elliott Road, Centerville SE3-0189 Alteration of a coastal bank by clearing understory and installing unapproved fence A motion was made to approve the enforcement order, with the addition of a two-year maintenance inspection requirement, as requested by Conservation Assistant Fred Stepanis. Seconded and voted unanimously. C. Diane Burden – 351 Hollidge Hill Lane, Marstons Mills SE3-3618 Violation of on-going conditions under a Certificate of Compliance issued under SE3-3618, maintenance of path beyond allowable 3’ width. A motion was made to approve the enforcement order, and to incorporate a letter from consultant Lynne Hamlyn dated 9/1/09, as part of the order. Seconded and voted unanimously. D. Linda Ready – 96 Sawmill Road, Marston Mills Failure to respond to a violation notice / deck repair without prior authorization No one attended the hearing. A motion was made to approve the enforcement order, as written. Seconded and voted unanimously. IV WRITTEN WARNINGS A. Michael Wymann – 66 Channel Point Road, Hyannis – cutting back vegetation on a coastal bank. A motion was made to approve the written warning. Seconded and voted unanimously. B. Dr. Leo Arnfeld – 74 Lake Drive, Centerville – non complying seasonal dock, extra float added. A motion was made to approve the written warning. Seconded and voted unanimously. V CERTIFICATES OF COMPLIANCE

(ap = as-built plan) (coc = Certificate of compliance) (ez = no deviations, staff recommends approval) (ok = minor deviations, staff recommends approval) (c = staff recommends approval with contingencies) (d = deviations, staff recommends denial) (* = on-going conditions) A. Trisko SE3-4522 (ap) increase size of deck B. Thorp SE3-4815 (ap) add steps to approved deck C. Joyce SE3-4482 (revised plan) expand parking & retaining walls

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D. Taber SE3-1560 (coc,ez) construct sfd (not done) (Certificates, cont’d.) A motion was made to approve certificates “A – D.” Seconded and voted unanimously. E. Bay Shore Realty Trust SE3-4314 (discussion) stairway, pier, ramp, floats, etc. The matter to be discussed at the next morning meeting of October 13, 2009. VI OLD & NEW BUSINESS A. Discuss SE3-4271 – Pieper conservation restriction on dock The matter to be discussed at the next morning meeting of October 13, 2009. A motion was made to adjourn. Seconded and voted unanimously. The time was 9:30 a.m.

MN101309Amended 1



DATE: October 13, 2009 9:30 a.m.*

LOCATION: SELECTMEN’S CONFERENCE ROOM

*Note time change Scrivener’s note: The following minutes are general in nature. For those wanting specific detail on matters heard on this agenda, additional resources are available to you: video-on-demand (free on the Town website at town.barnstable.ma.us), and DVD recordings. Please contact the Conservation Division at 508.862.4093 for assistance. The meeting was called to order at 8:30 a.m. by Chairman Dennis R. Houle. Also attending were Commissioners John Abodeely, Larry Morin, and Louise Foster. Vice-Chair Tom Lee was away; Commissioners Peter Sampou and Scott Blazis were teaching. Rob Gatewood, Conservation Administrator, assisted, along with Darcy Karle, Conservation Agent, and Fred Stepanis, Conservation Assistant The meeting was held in the Selectmen’s Conference Room, Barnstable Town Hall, Hyannis, MA. I REVISED PLANS project type revision A. Daniel SE3-4635 pool, patios, access way pool reorientation The applicant was represented by Arlene Wilson, P.W.S. Issues discussed: No concerns arose. A motion was made to approve the revised plan. Seconded and voted unanimously. B. Kariotis SE3-4365 sfd, pool, patio, cabana footprints C. Kariotis SE3-4366 sfd, pool, patio, cabana footprints Revised plans for “B” and “C” were discussed simultaneously. John O’Dea, P.E., summarized the projects The Commission desired additional mitigation (at 3:1 ratio), and reduction in the dimension of the proposed patio in the 50-foot buffer. A revised plan will be submitted. A motion was made to approve the revised plans. Seconded and voted unanimously. D. Selldorff SE3-4663 sfd, pool, patio, etc. footprints The applicant was represented by Peter Sullivan, P.E.



MN101309Amended 2

(Selldorff, cont’d.) Mr. Sullivan described the project. Issues discussed: No concerns arose.

A revised plan will be submitted, indicating the following:

Leaching for any driveway runoff not leached by the permeable pavers Owner-responsibility for maintaining the pavers.

A motion was made to approve the revised plan. Seconded and voted unanimously. E. Lowrie SE3-4657 sfd, landscaping wall, patio, lawn, meadow The applicant was represented by John O’Dea, P.E. The discussion centered on a lawn incursion into the 50-foot buffer zone. The Commission suggested that the mowing schedule be set in consultation with staff. The irrigation would be removed; no fertilizer would be allowed within the 50-foot buffer. Mitigation at 3:1 would be required for the path within the 50-foot buffer. (Note: lawn width to be 10-feet where closest to the wetland; wider outside of the 50-foot buffer). The plan will be further revised to reflect these changes. A motion was made to approve the revised plan. Seconded and voted unanimously. F. CTS Fiduciary SE3-4827 pool, patio lighting The applicant was represented by Peter Sullivan, P.E. Issues discussed: No concerns arose. A motion was made to approve the revised plan. Seconded and voted unanimously. G. RMR Nominee Trust SE3-4206 sfd driveway turnouts The applicant was represented by Peter Sullivan, P.E. Issues discussed: No concerns arose. A motion was made to approve the revised plan. Seconded and voted unanimously. H. Town of Barnstable/DPW SE3-4598 re-construct pier add light fixture The Commission found the request worthy of approval, provided that the wattage was acceptable to staff, and that it be used only when berthing. A motion was made to approve the revised plan with contingencies. Seconded and voted unanimously.

MN101309Amended 3

II EXTENSION PERMITS A. Oyster Harbor Golf Club SE3-3738 mgmt. of aquatic vegetation 3rd Request; 3 yrs. The matter was tabled until the November 10th meeting. B. Tonsberg SE3-4561 raze/reconstruct sfd 1st Request; 3 yrs. The applicant was represented by Lynne Hamlyn. Issues discussed: No concerns arose. A motion was made to approve a three-year extension. Seconded and voted unanimously. III ENFORCEMENT ORDERS A. Daniel Salvatore – 110 Prince Ave., Marstons Mills SE3-4502 Alteration of the Conservation Commission 50' undisturbed buffer zone and river protection area by enclosing an area under an existing upper level deck (15' x 15') for storage, within 41' of a river. (See also item G. under Certificates of Compliance, below) Ms. Roxanne Pappas was present to represent her husband Mr. Salvatore. Both the enforcement order and certificate of compliance request (IV. G.) were discussed together. Several issues were addressed:

Unpermitted area under the deck Continued disturbance by the river, beyond the normal meadow-mowing previously permitted Three-to-four wheel barrows of loam brought in, along with seeding Stakes moved to accommodate mowing. Whether an NOI, RDA, or Revised Plan be submitted for the enclosure.

A motion was made to require the submission of a revised plan showing the enclosure under the deck and the installation of a split rail fence (two rails) demarcating a “no touch zone” 10-feet off the edge of the wetlands; fence location shall be staked in the field by a professional engineer; a 4-foot-width path shall be permitted and maintained, its location determined in consultation with Conservation staff; the enforcement order shall be amended, addressing the issues discussed above. Seconded and voted unanimously. B. Robert Turnbull – 797 Old Post Road, Cotuit SE3-3255 Alteration of a resource area by construction a dinghy rack. Failure to consult with Conservation Division before planting of spartina patens and questionable supply of sand for planting/beach nourishment. A motion was made to approve the enforcement order as written, including no storage of a dinghy on the beach. Seconded and voted unanimously. C. John and Ardell Callas – 300 Smoke Valley Road, Marstons Mills SE3-3488 Alteration of the Conservation Commission’s 50’ buffer and 100’ buffer zone by: mowing beach grass to the edge of southeast bulkhead, cutting trees, shrubs and mowing near north bulkhead and front of house. Additional cutting of oaks within 50’ and 100’ buffer. The matter was tabled until the November 10th meeting.

MN101309Amended 4

D. Hilda S. Whyte – 362 Huckins Neck Road, Centerville Alteration of a BVW and 50 buffer zone, by cutting vegetation on Shallow Pond. Two large pile of cut material placed in edge of wetlands. Majority of the vegetation is sweet pepper and one two trees. (Whyte, cont’d.) A motion was made to approve the enforcement order as written. Seconded and voted unanimously.


(ap = as-built plan) (coc = Certificate of compliance) (ez = no deviations, staff recommends approval) (ok = minor deviations, staff recommends approval) (c = staff recommends approval with contingencies) (d = deviations, staff recommends denial) (* = on-going conditions) A. Bay Shore RT SE3-4314 (coc,c) stairway, pier, ramp, floats, etc. The applicant was represented by Steve Pizzuti, Esq., and Lynne Hamlyn. The owner, Mr. Paine attended, as did First Assistant Town Attorney David Houghton. Staff said nearly every condition typically incorporated into a pier Order was, by error, omitted in SE3-4314. The error left pier construction and ongoing use essentially unregulated. Attorney Houghton advised the Commission that it could correct the error through the issuance of an “amended, re-stated” Order of Conditions. Such an Order would return the alignment between the vote taken by the Commission when it approved the project with standard pier conditions, and the paper permit, wherein the conditions were mistakenly omitted. Attorney Pizzuti said such an Order would pose a due process issue. The Order expired in 2007. To impose new conditions would unilaterally change the approval he added. Mr. Pizzuti felt that this would be unconstitutional; simply too much time has elapsed since issuance of the Order in 2004. He said this would affect the mortgage on the property. A boat has not been utilized thus far at the constructed pier. The Commission agreed to discuss an avenue for settlement with the applicant. A motion was made to continue the matter to November 10, 2009, morning meeting. Discussions will ensue between Attorney Pizzuti and staff. B. Pieper SE3-4271 (coc,d) relocate pier; add ramp & float * The applicant was represented by Stephen Wilson, P.E. Staff informed the Commission of an error in the Order, requiring the imposed deed restriction to provide a shared use for the new pier. The Commission agreed that it should not be part of the forthcoming restriction. A motion was made to deny the certificate. Seconded and voted unanimously. C. St. Onge SE3-4272 (coc,d) construct additions to single-family dwelling * The application was withdrawn.

MN101309Amended 5

D. Bodfish Mktg. SE3-1332 (revised plan, ok) reduce size of buffer A motion was made to approve the revised plan. Seconded and voted unanimously. E. Griffith SE3-0384 (coc ) construct single-family dwelling* (Certificates, cont’d.) The application was tabled until a forthcoming RDA is approved. F. Silvia & Silvia SE3-1493 (coc ) construct single-family dwelling* A motion was made to deny the certificate, due to the existence of a hot tub within the 50-foot buffer. Seconded and voted unanimously. G. Salvatore &Pappas SE3-4502 (coc,d ) construct addition to single-family dwelling * A motion was made to deny the certificate, based upon the lack of a buffer along the river bank. Seconded and voted unanimously. The agenda was amended to add H: H. Mellon SE3-3696 (coc,ez) construct addition A motion was made to approve the certificate. Seconded and voted unanimously. V OLD & NEW BUSINESS A. Barnstable County Land Management grant award Noted. The Commission issued its congratulations. B. 45 Mitchell’s Way under Article 1 A motion was made to decline interest in the parcel as conservation land under Article 1. Seconded and voted unanimously. C. Reconsideration of possible breach of County Farm CR The Commission agreed to allow staff to take the lead on this matter with the County. A motion was made to adjourn. Seconded and voted unanimously. The time was 12:57 p.m.

MN111009 1



DATE: November 10, 2009 8:30 a.m.


Scrivener’s note: The following minutes are general in nature. For those wanting specific detail on matters heard on this agenda, additional resources are available to you: video-on-demand (free on the Town website at town.barnstable.ma.us), and DVD recordings. Please contact the Conservation Division at 508.862.4093 for assistance. The meeting was called to order at 8:30 a.m. by Chairman Dennis R. Houle. Also attending were Vice-Chairman Tom Lee and Commissioners John Abodeely, and Louise Foster. Commissioner Larry Morin was away, as were Peter Sampou, Scott Blazis. Rob Gatewood, Conservation Administrator, assisted, along with Darcy Karle, Conservation Agent, and Fred Stepanis, Conservation Assistant. The meeting was held in the Hearing Room, Barnstable Town Hall, Hyannis, MA. I REVISED PLANS project type revision A. Mazzola SE3-4613 retaining wall pool, shed, patio, etc. The applicant was represented by Arlene Wilson, P.W.S. Issues discussed:

Non-chlorine disinfection system required Draw-down leaching basin required.

A motion was made to approve the revised plan. Seconded and voted unanimously. B. Tobin SE3-4494 raze/rebuild sfd deck The applicant was represented by Peter Sullivan, P.E. Issues discussed: No concerns arose. A motion was made to approve the revised plan. Seconded and voted unanimously. C. Blair SE3-4389 dredging footprint The applicant was represented by Lynne Hamlyn. Issues discussed:

Increasing depth from -5 to -6 Changing deposition site to adjacent parking lot location



MN111009 2

(Blair, cont’d.) A motion was made to approve the revised plan. Seconded and voted unanimously. D. CTS Fiduciary SE3-4827 pool, wall extend wall The applicant was represented by Peter Sullivan, P.E. Issues discussed: No concerns arose. A motion was made to approve the revised plan. Seconded and voted unanimously. E. Rooze SE3-4781 addition, drive change to gravel, delete planting The applicant attended the hearing. Issues discussed:

No fuel is to be stored in the shed. A motion was made to approve the revised plan. Seconded and voted unanimously. F. Christodoulo SE3-4746 garage new foundation The applicant was represented by John Schnaible, P.E. and Sean Raycroft, builder. Issues discussed:

No pile foundation de-watering required. The work limit remains the same. A motion was made to approve the revised plan. Seconded and voted unanimously. G. DPW SE3-4582 Barns. Harbor dredging SN deposition site The applicant was represented by Robert Burgmann, P.E., and Nina Coleman, Park Manager. Issues discussed:

Washout of dike resulting from de-watering pipe Snow fencing to be used to stabilize gravel fill core Possible transplanting of Sandy Neck – indigenous shrubs, in consultation with staff; a letter to be provided.

A motion was made to approve the revised plan. Seconded and voted unanimously. H. Laughran SE3-4710 raze, rebuild sfd footprint, shed The applicant was represented by Chris Childs, Builder. Issues discussed: No concerns arose.

MN111009 3

(Laughran, cont’d.) A motion was made to approve the revised plan. Seconded and voted unanimously. I. Payson DA-08083 raze, rebuild sfd in floodplain footprint, wall The applicant was represented by Chris Childs, Builder. Issues discussed: No concerns arose. Seconded and voted unanimously. II EXTENSION PERMITS A. Jenkins, Susan SE3-4573 2 sfd’s w/common drive 1st Request; 3 yrs. The applicant attended the hearing. Issues discussed:

Brush piles were placed by trespassers. A motion was made to approve a three-year extension, subject to staff review of brush piles. B. Oyster Harbor Golf Club SE3-3738 mgmt. of aquatic vegetation 3rd Request; 3 yrs. The matter was withdrawn, and will be re-filed as a Notice of Intent. C. Mazzola SE3-4613 retaining wall (and see above) 1st Request; 3 yrs. The applicant was represented by Arlene Wilson, P.W.S. Issues discussed: None A motion was made to approve a three-year extension. Seconded and voted unanimously. D. O’Neill SE3-4580 revetment; beach grass 1st Request; 3 yrs. The applicant was represented by Stephen Wilson, P.E. Issues discussed: None A motion was made to approve a three-year extension. Seconded and voted unanimously. E. Wilson SE3-4119 widen path; remove seaweed 2nd Request; 3 yrs. The applicant was represented by Stephen Wilson, P.E. Issues discussed:

The project has not been implemented yet. A motion was made to approve a three-year extension.

MN111009 4

(Wilson, cont’d.) Seconded and voted unanimously. F. ToB/MEA SE3-4207 trail maintenance 2nd Request; 3 yrs. The applicant was represented by Nina Coleman, Sandy Neck Park Manager. Issues discussed:

Marsh trail improvements have proven to be important in keeping many cottage owners off front beach. A motion was made to approve a three-year extension. Seconded and voted unanimously. G. Benedetto SE3-4203 sfd 2nd Request; 3 yrs. The applicant was represented by Stephen Wilson, P.E. Issues discussed:

Construction has begun on the house foundation and septic. A motion was made to approve a second three-year extension, conditional upon the conservation restriction being completed within one year. A letter to be forthcoming. Seconded and voted unanimously. H. Silvera BCC-0187 sfd 1st Request; 3 yrs. The applicant was represented by James and Janet Mendez. Issues discussed:

Approval subject to staff site visit. A motion was made to approve a three-year extension. Seconded and voted unanimously. III ENFORCEMENT ORDERS A. John and Ardell Callas – 300 Smoke Valley Road, Marstons Mills SE3-3488 Alteration of the Conservation Commission’s 50’ buffer and 100’ buffer zone by: mowing beach grass to the edge of southeast bulkhead, cutting trees, shrubs and mowing near north bulkhead and front of house. Additional cutting of oaks within 50’ and 100’ buffer. (continued from October 13) Mr. and Mrs. Callas were represented by Peter Sullivan, P.E., and Megan Montefusco. An e-mail report from Karen Malkus of the Board of Health was read into the record. It expressed concern for human impact upon the water quality of Warren’s Cove, which suffers from high bacterial counts. A motion was made to amend the enforcement order to include the following: The plan shall show the top of the bank as a “no-cut line” to the right of the pier. In addition, the

plan shall show “no mowing” along the bulkhead to the left of the pier. The original path located on an earlier plan by Sullivan Engineering, Inc., may be maintained. Replanting of disturbed area shall include three native trees and shrubs, in consultation with Conservation staff.

MN111009 5

(Callas, cont’d.) Seven trees which were cut in front of the house shall be mitigated with twelve bearberry and

three native trees. Trees may be planted in another area, in consultation with staff. There shall be no cutting of vegetation along the top of the second bulkhead. It must be determined whether stones in the path area have been permitted.

The property owners or their agents shall report to the Conservation Agent, indicating how many

trees, three inches or greater, have been cut. A planting and location plan is to be forthcoming, in mitigation of the cut trees. Stump-management to be used with regard to growing sprouts. Demarcation of a 50-foot, undisturbed line in the field, to be determined in consultation with staff.

A motion was made to continue the hearing to December 8th for plan review and report on the cut oaks; planting to be done by May 15, 2010. Seconded and voted unanimously.


(ap = as-built plan) (coc = Certificate of compliance) (ez = no deviations, staff recommends approval) (ok = minor deviations, staff recommends approval) (c = staff recommends approval with contingencies) (d = deviations, staff recommends denial) (* = on-going conditions) A. Bay Shore RT SE3-4314 (coc,c) stairway, pier, ramp, floats, etc. The matter was continued to December 8th. B. TOB/DPW SE3-4352 (coc) Centerville River dredging – Phase 2 The certificate was denied; post-dredge bathymetric surveys are necessary. C. Lempres SE3-4504 (ap) as-built, free-standing kayak rack The certificate was approved and seconded. D. Lempres SE3-4504 (coc) construct pier, ramp, & float * The certificate was approved and seconded. E. Ryan SE3-4434 (coc) construct seasonal pier, ramp, & float * The certificate was approved and seconded; a 21-foot Regulator was approved for berthing. F. Ryan SE3-4186 (ap,ok) add blue stone steps to path G. Ryan SE3-4186 (coc) raze & construct single-family dwelling * The certificate was approved and seconded, contingent upon the submission of a foundation plan. H. Baker SE3-4735 (coc) construct seasonal pier * The certificate was approved and seconded, contingent upon the addition of 10-feet of undisturbed buffer.

MN111009 6

V OLD & NEW BUSINESS A. Crosby Yacht SE3-4758 reconfiguration zone clarification Peter Sullivan, P.E., represented the applicant. The question arose as to whether a reconfiguration zone allows change to both floating and fixed piers. The current Commission belief is that it has approved only the reconfiguration of floats. The matter will be carried over to the December 3rd evening meeting. Other boat yards with approved reconfiguration zones will be notified. B. Rules at Conservation-managed “ways-to-water” The Commission discussed posting dinghy-removal requirements (off-season) at Crocker Neck, and the second Santuit Road “ways-to-water.” This was proposed in expectation that the Town’s trial effort at Ropes Beach will not be expanded anytime soon. To post said requirements without necessary enforcement back-up would be to create a “paper tiger.” Therefore, the interest died. A motion was made to adjourn. Seconded and voted unanimously. The time was 11:25 a.m.

MN120809 1



DATE: December 8, 2009 – 9:30 a.m.

LOCATION: TOWN HALL SELECTMEN’S CONFERENCE ROOM

Scrivener’s note: The following minutes are general in nature. For those wanting specific detail on matters heard on this agenda, additional resources are available to you: video-on-demand (free on the Town website at town.barnstable.ma.us), and DVD recordings. Please contact the Conservation Division at 508.862.4093 for assistance. The meeting was called to order at 8:35 a.m. by Chairman Dennis R. Houle. Also attending were Vice-Chairman Tom Lee, and Commissioners John Abodeely, Larry Morin, and Louise Foster. Commissioners Peter Sampou and Scott Blazis were teaching. Rob Gatewood, Conservation Administrator, assisted, along with Darcy Karle, Conservation Agent, and Fred Stepanis, Conservation Assistant. The meeting was held in the Selectmen’s Conference Room, Barnstable Town Hall, Hyannis, MA.

I REVISED PLANS project type revision A. Trade Winds SE3-4385 condos., pool, etc. roof & footings The applicant was represented by Tate Eisenstadt. Issues discussed: No concerns arose. A motion was made to approve the revised plan. Seconded and voted unanimously. B. Audubon Acres SE3-4603 access road footprint The applicant, Mary Beth Eddy, attended the hearing. Issues discussed: No concerns arose. A motion was made to approve the revised plan Seconded and voted unanimously. II EXTENSION PERMITS A. Yachtsman Condo. Tr. SE3-4593 remove/reconstruct ret. wall 1st Request; 2 yrs. The applicant was represented by Bob Murphy. Issues discussed: No concerns arose.

Town of Barnstable

Conservation Commission 200 Main Street

Hyannis Massachusetts 02601

MN120809 2

(Yachtsman, cont’d.) A motion was made to approve a three-year extension. Seconded and voted unanimously. B. Town of Barnstable/DPW SE3-4582 dredging 1st Request; 3 yrs. The applicant was represented by Dale Saad, PhD,. Issues discussed:

An extension request to the DEP under its superseding order will be made. A joint field visit will be held at a future date.

A motion was made to reconsider the matter under the State permit; approved by the Town as a three-year extension. A motion was made to continue the matter, pending the joint site visit with the DEP. Seconded and voted unanimously. III ENFORCEMENT ORDERS A. John D Callas – 300 Smoke Valley Road, Marstons Mills (continued from Nov. 10, 2009 ) A motion was made to amend the Enforcement Order, as previously amended, to give staff authority over the final review and approval of the mitigation planting plan. Seconded and voted unanimously. IV CERTIFICATES OF COMPLIANCE

(ap = as-built plan) (coc = Certificate of compliance) (ez = no deviations, staff recommends approval) (ok = minor deviations, staff recommends approval) (c = staff recommends approval with contingencies) (d = deviations, staff recommends denial) (* = on-going conditions) A. Three Bays SE3-4540 (coc) dredge channel entrance to Dam Pond * Preservation B. Three Bays SE3-4085 (coc) dredge Rowe Channel to West Bay * Preservation A motion was made to approve certificates “A” and “B.” Seconded and voted unanimously. C. Herrick SE3-4517 (coc,d) construct addition; replace septic system * A motion was made to approve certificate “C,” contingent upon the submission of a revised plan and the planting of the slope. Seconded and voted unanimously. D. Ellis SE3-3856 (ap) as-built flagstone patio E. Ellis SE3-3856 (coc) construct addition and deck *

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(Ellis, cont’d.) A motion was made to table certificates “D” and “E,” until the submission of a landscape mitigation plan. Seconded and voted unanimously. F. Bonnybrook SE3-3648 (ap,ok) widen end of pier; add “draw bridge” gate A motion was made to approve the certificate (“F”), contingent upon submission of a revised plan, showing modification of planks. Seconded and voted unanimously. G. Bonnybrook SE3-3648 (coc,ok) construct permanent pier, boat lifts, fender piles * A motion was made to approve the certificate (“G”), contingent upon the submission of a photograph, showing modification of planks. Seconded and voted unanimously. H. Bonnybrook SE3-4458 (ap) modify path lighting; construct stone wall & split-rail fence I. Bonnybrook SE3-4458 (coc,) replace timber stairs & stockade fence * A motion was made to approve the certificates (“H” and “I”). Seconded and voted unanimously. J. Bay Shore RT SE3-4314 (coc,c) stairway, pier, ramp, floats, etc. (continued from 10/13) The applicant was represented by Attorney Stephen Pizutti and Lynne Hamlyn. Staff provided some of the background with regard to the case, and the outcome of recent settlement negotiations. Mr. Pizutti said that a new bathymetric study would be completed. Draft restrictions were suggested of 9" on boat #1, and 12" on boat #2. All standard conditions lacking in the original Order of Conditions would be applied in the Amended Order. The Commission expressed its interest in the removal of all unauthorized balusters on the pier. A motion was made to table the certificate of compliance request to February 9, 2010, and to refer the revised pier and draft restrictions to the January 5, 2010 meeting as a request for an Amended Order of Conditions. Seconded and voted unanimously. V EMERGENCY AUTHORIZATION A. Thomas F. Prince, Cove Lane, Barnstable Village Construction of overflow 12” culvert. Riprap at

downstream end. A motion was made to approve the staff-issued Emergency Order. Seconded and voted unanimously. A motion was made to adjourn. Seconded and voted unanimously. The time was 11:24 a.m.

MN011210 1





Scrivener’s note: The following minutes are general in nature. For those wanting specific detail on matters heard on this agenda, additional resources are available to you: video-on-demand (free on the Town website at town.barnstable.ma.us), and DVD recordings. Please contact the Conservation Division at 508.862.4093 for assistance. The meeting was called to order at 8:33 a.m. by Chairman Dennis R. Houle. Also attending were Vice-Chairman Tom Lee and Commissioners Peter Sampou, Scott Blazis, Larry Morin, and Louise Foster. Commissioner John Abodeely was away. Rob Gatewood, Conservation Administrator, assisted. The meeting was held in the Hearing Room, Barnstable Town Hall, Hyannis, MA I REVISED PLANS project type revision A Silvera BCC-0187 sfd & appurtenances rebuild wall The applicant was represented by Jimmy Mendes. Issues discussed: No concerns arose. A motion was made to approve the revised plan. Seconded and voted unanimously. B. Town of Barnstable/DPW SE3-4821 Barns. Harbor bulkhead timing The applicant was represented by Dale Saad. Issues discussed: No concerns arose. A motion was made to approve the revised plan. Seconded and voted unanimously. II EXTENSION PERMITS A. Mikutowicz SE3-4602 demolish barn/ build sfd 1st Request; 3 yrs. The applicant was represented by Emily Mikutowicz. Issues discussed: Historical requested, via pre-dated e-mail, that demolition of the barn would require sign-off by that entity.



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(Mikutowicz, cont’d.) A motion was made to approve a three-year extension. Seconded and voted unanimously. B. Audubon Acres/Eddy SE3-4603 drive, roadway, util., grading 1st Request; 3 yrs. The applicant was represented by Mary Beth Eddy. Issues discussed: No concerns arose. A motion was made to approve a three-year extension. Seconded and voted unanimously. C. Delaney SE3-4619 garage, driveway 1st Request; 3 yrs. The applicant attended the hearing. Issues discussed: No concerns arose. A motion was made to approve a three-year extension. Seconded and voted unanimously. D. Kurker SE3-4217 upgrade electrical; dredge 2nd Request; 3 yrs. The applicant attended the hearing. Issues discussed: No concerns arose. A motion was made to approve a three-year extension. Seconded and voted unanimously. E. Town of Barnstable/DPW SE3-4681 Rink demo.; drive, landscape 1st Request; 3 yrs. The applicant was represented by Tom Scarlotta, R. A., and John Juros. Issues discussed: All but the wind turbine has been constructed. A motion was made to approve a three-year extension. Seconded and voted unanimously. III ENFORCEMENT ORDERS A. James P. and Jean M. Kelly – 150 EastBay Road, Osterville SE3-3602 Alteration of a wetland resource area and 50’ buffer by removing two trees, one tree on an abutting lot, and violation of on-going conditions, mowing allowance. E-mail letters from Mr. Kelly and Mr. Plourde, Jr., were read into the record, as neither gentlemen were able to attend the hearing.

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(Kelly, cont’d.) An agreement was made between both parties regarding the replanting of the tree in the spring. A motion was made to amend the enforcement order to read:

“Mowing allowance in front of the pool shall be strictly observed, and shall only occur once a year, in March. The tree in front of the pool does not need to be replaced. The tree removed on Mr. Plourde’s property, shall be replaced in kind or with two eastern red cedars, at least six feet in height., near the location of the tree which was removed, in consultation with staff and Mr. Plourde.” Seconded and voted unanimously. B. Michael DeDecko – 1317 Race Lane, Marstons Mills Alteration of the 100’ buffer zone of shrub swamp by widening a driveway, mulching edges and small walkway retaining wall. The Conservation Agent informed the Commission that the property owner did file the required application in an attempt to seek approval for the after-the-fact driveway expansion and retaining wall construction. A motion was made to approve the enforcement order as written. Seconded and voted unanimously. C. Michael J. Renzi – 387 Phinney’s Lane, Centerville Alteration of a wetland resource area and 50’ buffer zone on Melody Pond, by placement of a chain link fence and section of wire fence, running along the property line and into the water. Expansion of a shed, in the 50’ buffer zone, that was addressed in a prior EO in 2003. Two planting beds one edge of the water, and on just outside the 50’ buffer zone. Mr. Renzi attended the hearing. Ms. Karle apprised the Commission of three previous violations by Mr. Renzi. A motion was made to amend the enforcement order to read: “The section of chain-link fence and chicken-wire fence in the wetland and in the 50-foot buffer

zone must be removed by February 1, 2010. Within thirty days of this motion, the property owner shall either file a Notice of Intent to seek approval for the following items to remain within the 100-foot buffer zone: chain-link fence, shed addition, and planting bed next to fence, or remove all items within the same time period. “

The Agent stated that the non-criminal citation should be paid before any review of an application by the Commission. Seconded and voted unanimously. D. Terry Martarona / Hippidi East LLC – 146 Bay Street, Osterville SE3-1783 Alteration of the 50’ buffer zone by landscaping activities, resurfacing driveway, planting arborvites for screening, cutting back invasive understory, and replacing fencing with a stockade fence. Peter Hansen represented the client. A motion was made to amend the enforcement order to require a revised plan, with one change under “Notes” – that any invasive control, by hand only, will be done in consultation with staff. Seconded and voted unanimously.

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IV NON-CRIMINAL CITATIONS A. James P. Kelly – Violation of on-going conditions under a Certificate of Compliance – $300.00

B. Michael Cotto – Out On the Limb Landscaping – Cutting a tree in a resource area – $200.00 C. Michael J. Renzi – Unauthorized alteration of a wetland and 50’ buffer zone by adding an addition to a shed and placement of a fence – $200.00 “A – C” Noted. V CERTIFICATES OF COMPLIANCE

(ap = as-built plan) (coc = Certificate of compliance) (ez = no deviations, staff recommends approval) (ok = minor deviations, staff recommends approval) (c = staff recommends approval with contingencies) (d = deviations, staff recommends denial) (* = on-going conditions) A. Mohan SE3-4653 (ap,ok) add patio & walls; add fill to raise grade B. Mohan SE3-4653 (coc,ok) raze & construct sfd; construct garage * C. Truitt SE3-4445 (coc) construct addition; construct garage * A motion was made to approve all the certificates. Seconded and voted unanimously. A motion was made to adjourn. Seconded and voted unanimously. The time was 9:50 a.m.

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DATE: February 9, 2010 8:30 a.m.


Scrivener’s note: The following minutes are general in nature. For those wanting specific detail on matters heard on this agenda, additional resources are available to you: video-on-demand (free on the Town website at town.barnstable.ma.us), and DVD recordings. Please contact the Conservation Division at 508.862.4093 for assistance.

The meeting was called to order at 8:30 a.m. by Chairman Dennis R. Houle. Also attending were Vice-Chairman Tom Lee and Commissioners Larry Morin, and Louise Foster. Commissioner John Abodeely was away, and Commissioners Peter Sampou and Scott Blazis were teaching. Rob Gatewood, Conservation Administrator, assisted. I REVISED PLANS project type revision A. Lowrie SE3-4657 sfr buffer mitigation The applicant was represented by John O’Dea, P.E. Issues discussed:

The mitigation plan was favored by staff. A motion was made to approve the revised plan. Seconded and voted unanimously. B. Baker/Blakeley SE3-4824 pier, walkway, stairs pier footprint The applicant was represented by Arlene Wilson, P.W.S. and George Gilmore. Issues discussed:

Pier stability is questionable without the pier extension. The Chair said that the amended order track would be best Mr. Gilmore said the proposed permanent section is imperative for safety.

The matter was withdrawn without prejudice, to be filed as a request for an amended order. Seconded and voted unanimously. C. Kelly SE3-4616 sfd, pool, landscaping footprints; fence The applicant was represented by John O’Dea, P.E. Issues discussed: no concerns arose. A motion was made to approve the revised plan.



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(Kelly, cont’d.) Seconded and voted unanimously. D. Moloney SE3-4843 shed size/location The applicant was represented by Adam Hostetter. Issues discussed: no concerns arose. A motion was made to approve the revised plan. Seconded and voted unanimously. II EXTENSION PERMITS A. Town of Barnstable/ DPW SE3-4582 Barns. Harbor dredging Ch.237, 1st request; 5/23/14 The applicant did not attend the hearing. A motion was made to approve an extension to 5/23/14. Seconded and voted unanimously. III ENFORCEMENT ORDERS A. John and Kim Kayajan II – 40 Cap’n Samadrus Road, Cotuit SE3-4321 (Crovo) Violation of an Order of Conditions/ failure to request a Certificate of Compliance. B. Stephen J. Giatrelis – 91 Ocean Drive, West Hyannisport SE3-3635 Violation of an Order of Conditions/ failure to request a Certificate of Compliance. C. Clinton Perry Jr. – 775 Route 149, Marstons Mills SE3-4130 Violation of an Order of Conditions/ failure to obtain a final Certificate of Compliance D. Joseph and Joselle Della Morte – 1596 Main St. Route 6A SE3-4261 Violation of an Order of Conditions/ failure to request a Certificate of Compliance E. Fay S. Sherman – 107 Seventh Avenue, West Hyannisport SE3-4293 Violation of an Order of Conditions/ failure to request a Certificate of Compliance F. TDI Development Group c/o Tate D. Isenstadt Property Manager, Trade Winds SE3-4385 Alteration in a wetland resource area by vista pruning without prior authorization A motion was made to approve all enforcement orders as written (“A – F”). Seconded and voted unanimously. IV NON-CRIMINAL CITATIONS A. Clinton Perry Jr. – Violation of an Order of Conditions $300.00 B. Joselle Delle Morte – Violation of an Order of Conditions $300.00 C. Tate D. Isenstadt , Property Manager, Trade Winds – Alteration of a resource area $200.00

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(Citations, cont’d.) D. John A. Moreshead, Be Green Landscaping, at Trade Winds – alteration of resource area $200.00 All above citations noted (“A – D”). V CERTIFICATES OF COMPLIANCE

(ap = as-built plan) (coc = Certificate of compliance) (ez = no deviations, staff recommends approval) (ok = minor deviations, staff recommends approval) (c = staff recommends approval with contingencies) (d = deviations, staff recommends denial) (* = on-going conditions) A. Tilton SE3-3995 (coc) construct seasonal pier, ramp, & float * John O’Dea, PE represented the applicant. Discussion centered on the interpretation and satisfaction of Special condition # 6 that required the applicant to provide up to $2,000 to cover the cost of acquiring and planting shellfish seed in the area to mitigate for any impacts from the pier. The origin of the specific condition of the Order is to be researched by staff. A motion was made to continue the hearing to March 9th. B. Keally SE3-4500 (coc) construct seasonal pier, ramp, & float * Arlene Wilson, PWS represented the applicant Discussion centered on the interpretation and satisfaction of Special condition # 6 that required the applicant to provide up to $ 2,000 to cover the cost of acquiring and planting shellfish seed in the area to mitigate for any impacts from the pier. The origin of the specific condition of the Order is to be researched by staff A motion was made to continue the hearing to March 9th. Seconded and voted unanimously. VI OLD AND NEW BUSINESS A. Long Pond Community Garden / Donna Lawson’s yearly report Donna Lawson gave an update and informed the Commission that they had a great year. The new irrigation system is a huge success, so much so that they had funds left over after paying the water bill. The Commission listened to the ideas that Donna had for the use of the money. They supported her ideas and approved the idea of taking the wish list back to the Garden Committee. Ideas included new benches, a compost bin, posts for bluebird boxes, adding additional plots, and winterizing the irrigation system. B. SOC appeal SE3-4849 A request for adjudicatory review of the DEP Superseding Order was filed by an abutter of the proposed Hudock addition project, 97 Southgate Dr., Hyannis. The Superseding Order was an affirmation of the Conservation Commission approval of the project. A motion was made to adjourn. Seconded and voted unanimously. The time was 9:40 a.m.

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DATE: March 9, 2010 9:00 a.m.

LOCATION: TOWN HALL, HEARING ROOM Scrivener’s note: The following minutes are general in nature. For those wanting specific detail on matters heard on this agenda, additional resources are available to you: video-on-demand (free on the Town website at town.barnstable.ma.us), and DVD recordings. Please contact the Conservation Division at 508.862.4093 for assistance.

The meeting was called to order at 9:06 a.m. by Chairman Dennis R. Houle. Also attending were Vice-Chairman Tom Lee and Commissioners Larry Morin and Louise Foster. Commissioner John Abodeely was away. Peter Sampou and Scott Blazis were teaching. Darcy Karle, Conservation Agent, assisted along with Fred Stepanis, Conservation Assistant. The meeting was held in the Hearing Room, Barnstable Town Hall, Hyannis, MA. I REVISED PLANS project type revision A. Walske SE3-4765 pier, ramp, float relocate/rebuild stairs The applicant was represented by Peter Sullivan, P.E. Issues discussed: none A motion was made to approve the revised plan. Seconded and voted unanimously. B. O’Neill SE3-4727 pool & patio replace wooden retaining wall The applicant was represented by Steven Wilson, P.E. Issues discussed:

Photos were submitted. A motion was made to approve the revised plan. Seconded and voted unanimously. II EXTENSION PERMITS A. Junnila (Leuchaur, et al) SE3-4607 building w/living qtrs. 1st Request; 3 yrs. The applicant was represented by Arlene Wilson, P.W.S. A motion was made to approve a three-year extension. Seconded and voted unanimously.



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(Extensions, cont’d.) B. Red Lily Pond SE3-4617 replace fish ladder & culvert 1st Request; 3 yrs. The applicant was represented by Norm Hayes, Steve Brown, and Jim Lane. A motion was made to approve a three-year extension. Seconded and voted unanimously. III OLD AND NEW BUSINESS A. Wildland Fire Protection and Preparedness Plan for Old Jail Lane Conservation Area and Adjacent Town Lands A motion was made to approve the plan. Seconded and voted unanimously. B. Updated West Barnstable Conservation Area trail map Noted. IV CERTIFICATES OF COMPLIANCE

(ap = as-built plan) (coc = Certificate of compliance) (ez = no deviations, staff recommends approval) (ok = minor deviations, staff recommends approval) (c = staff recommends approval with contingencies) (d = deviations, staff recommends denial) (* = on-going conditions) A. Ellis SE3-3856 (revised plan only) landscape mitigation plan Tabled from 12/8/09 A motion was made to approve the certificate, subject to the submission of a revised plan noting that the “path to beach” will be allowed to remain in a natural state. Seconded and voted unanimously. B. Tilton SE3-3995 (coc) construct seasonal pier, ramp, & float * Continue to 4/13 C. Keally SE3-4500 (coc) construct seasonal pier, ramp, & float * Continue to 4/13 Certificates “B” and “C” were continued to April 13th, for the receipt of further information from the Shellfish Warden. D. Palmyra RT SE3-4538 (coc,d) construct additions to single-family dwelling * A motion was made to deny the certificate, as there is a lack of understory vegetation on the upper section of the coastal bank. Seconded and voted unanimously. A motion was made to adjourn. Seconded and voted unanimously. The time was 9:43 a.m.

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DATE: April 13, 2010 8:30 a.m.


The meeting was called to order at 8:30 a.m. by Chairman Dennis R. Houle. Also attending were Vice-Chairman Tom Lee and Commissioners Larry Morin, and Louise Foster. Commissioners Peter Sampou and Scott Blazis were teaching. Commissioner John Abodeely was away. Rob Gatewood, Conservation Administrator, assisted, along with Darcy Karle, Conservation Agent, and Fred Stepanis, Conservation Assistant. The meeting was held in the Hearing Room, Barnstable Town Hall, Hyannis, MA. I REVISED PLANS Project # project type revision A. Leoni SE3-4862 pier, ramp,float float access The applicant attended the hearing. Issues discussed:

Construction of the new pier is delayed by permitting. A mooring in East Bay would be forfeited, should the interim float array be allowed. Two boats would be berthed at the floats. A one-year request only.

A motion was made to approve the revised plan, subject to approval by the Harbormaster. Seconded and voted unanimously. B. Valentgas BCC-0188 sfd footprint, wall The applicant was represented by John O’Dea, P.E. Issues discussed: no concerns arose. A motion was made to approve the revised plan. Seconded and voted unanimously. C. O’Neill SE3-4580 revetment design The applicant was represented by Stephen Wilson, P.E. Issues discussed: no concerns arose. Large stones will be placed on the seaward and inward faces and on the top, for stability in over-wash events.



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(O’Neill, cont’d.) Seconded and voted unanimously. D. Gowdy (Carelli) SE3-4464 modify pier & float modify float piles & stops The applicant was represented by John O’Dea, P.E. Issues discussed: no concerns arose. A motion was made to approve the revised plan. Seconded and voted unanimously. E. Town of Barnstable/MEA SE3-3867 revamp boat ramp modify floats The applicant was represented by Joe Gibbs, Assistant Harbormaster. Issues discussed:

The change would enable boats to be tied-up on both sides of the floats. A motion was made to approve the revised plan. Seconded and voted unanimously. F. Walker SE3-4834 foundations, additions, landscape reconstruct stairs The applicant was represented by John O’Dea, P.E. and Peter Hansen. Issues discussed:

The reason for the deck reconfiguration on the coastal bank was questioned by the Commission. Plantings shall be provided in consultation with staff.

A motion was made to approve the revised plan. Seconded and voted unanimously. G. St. Onge SE3-4272 addition, landscaping landscape mitigation The applicant was represented by Arlene Wilson, P.W.S. Issues discussed:

Shrub plantings in the buffer zone have not succeeded. All turf lawn would be replaced with clovers and cinquefoil The as-build parking expansion was a problem with the Commission, but as the landscape improvement to

parking expansion ratio was approximately 3:1, the proposal was considered acceptable. A report on the success of the landscaping will be submitted in years 1 and 2, post-construction.

A motion was made to approve the revised plan. Seconded and voted unanimously. H. Berman SE3-4805 sfd same/smaller footprint The applicant was represented by Jack Vaccaro. Issues discussed:

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(Berman, cont’d.)

The barn would be down-sized. The existing driveway would remain, as the proposed one was never constructed.

A motion was made to approve the revised plan. Seconded and voted unanimously. II EXTENSION PERMITS A. Dalby SE3-4646 dock and path 1st Request; 3 yrs. The applicant attended. A motion was made to approve a three-year extension. Seconded and voted unanimously. B. Kozloff SE3-4609 phragmites removal 1st Request; 3 yrs. The applicant was represented by Bruce Besse. Issues discussed:

Much of the work is complete or on-going. Some Rodeo use was requested for use on bittersweet and poison ivy.

A motion was made to approve a three-year extension. Seconded and voted unanimously. C. Haley SE3-4645 raze/replace sfd 1st Request; 3 yrs. The applicant was represented by Stephen Wilson, P.E. and Bruce Besse. Issues discussed:

Work has begun on the house. A revised plan will soon be submitted, moving the proposed structures landward. A motion was made to approve a three-year extension. Seconded and voted unanimously. III ENFORCEMENT ORDERS A. Peter Chalpara – 95 Millway, Barnstable Cutting two Norway maple trees and some understory vegetation within Conservation Commission’s 50’ undisturbed buffer zone. A motion was made to approve the enforcement order as written. Seconded and voted unanimously. B. Dennis Berube – 94 Millway, Barnstable Alteration of a wetland and 50’ buffer by clearing understory vegetation and two small trees. Erosion of a slope where a shed was placed under a minor activity form. In addition, a possible isolated wetland disturbed on south of property.

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(Berube, cont’d.) Mr. Berube attended the hearing. There was some discussion as to whether the small depression on the southeast potion of the lot was a “wetland” or not. It is now graded and devoid of all vegetation. Mr Berube said runoff from an adjacent drive flows to this part of his property. The Commission resolved the matter by allowing the area to be returned to natural grade (with no new fill imported) and then seeded with a wetland seed mix. The area will then be observed in future to see if water accumulates again, and if so, to determine the source(s), and to otherwise determine whether this area is or is not subject to consideration as being a 'wetland'. A motion was made to amend the enforcement order to allow grading on the south side of the depression, in consultation with staff, and re-seeding with a wetland mix. Seconded and voted unanimously. IV OLD AND NEW BUSINESS A. Open Space and Recreation Plan Update

Growth Management Principal Planner Elizabeth Jenkins and Director JoAnne Buntich spoke about their update efforts

in the Open Space and Recreation Plan. Commission input will be sought in the process. The current Open Space and

Recreation Plan is valid through July, 2010. The draft plan will be reviewed by the Commission.

B. Craigville DCPC review

GMD Director Jo Anne Buntich discussed the proposed Craigville District of Critical Planning Concern (DCPC). A

Craigville Beach District Map (within the DCPC) was distributed. The regulations should have no affect on pier

permitting. This discussion will serve as the required Conservation Commission review of the proposed DCPC.

C. Hathway’s Pond – leash discussion

Dog Officer Charlie Lewis described complaints received last year stemming from unleashed dogs. Staff pointed out that the “dog beach” area is actually part of the Recreation parcel. Public comment:

Nancy Willis, Centerville, walks her dogs every day at Hathaway’s Pond where they like to go for a swim. She said that an enforcement of a leash regulation will be inequitable and cause ill will.

Harrison Markus, Centerville, loves to walk his dog at the pond. Unleashed dogs are more social, he stated. He likes to pick up trash.

Beth Markus, Centerville, described the social network that dog walking (especially running and swimming) provides. Her comments also included: dealing with homeless population, cutting back vegetation to help control tick population. If dog owners cannot unleash their dogs here, and if they go elsewhere, it will have the effect of expelling the land stewards. Don’t let the few who are irresponsible take from the many who are responsible

Kathy Finnegan suggested that signs be posted, perhaps distinguishing between Conservation and Recreation land. She suggested that this situation calls for communication and compromise

Lora Zeampa urged not to allow things to be so tight and restrictive. Dominique Blessing, Hyannis, said that everything doesn’t need to be legislated

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Charles Wry, Centerville, loves to let his well-behaved dogs run, and they certainly love it Gea Leighton, Barnstable, said the dog walkers help keep up the park, picking up litter. There's no place else for

dog-walkers to go Mark Gentili talked about the stewardship provided by the dog walkers. He said he went there on Easter

morning (4/4) and observed campfires and many empty beer bottles Chris Jackson, Centerville, said that dog walkers are present all day long. They pick up glass on the dog beach

The Chairman reminded the public that the Commission cannot exempt individuals from the leash regulations. The

Commission has to support the Dog Officer’s ability to enforce the regulation. The Commission added that one “bad

(Hathaway’s Pond, cont’d.)

apple” ruins the barrel for everyone. Bad apples often include careless owners, as well as their dogs. Something needs to

be done about them.

D. Unauthorized vehicles, Stonehedge Drive

Chairman Houle will draft a letter to the Town Manager requesting a meeting with the Police Chief and staff, to address

more police presence at or near #0 Stonehedge Drive and 46 Stonehedge Drive.

V NON-CRIMINAL CITATIONS

A. Dennis Berube – alteration of a wetland $200.00

Noted VI CERTIFICATES OF COMPLIANCE

(ap = as-built plan) (coc = Certificate of compliance) (ez = no deviations, staff recommends approval) (ok = minor deviations, staff recommends approval) (c = staff recommends approval with contingencies) (d = deviations, staff recommends denial) (* = on-going conditions) A. Keally SE3-4500 (coc) construct seasonal pier, ramp, & float * A motion was made to approve the certificate, subject to receipt of a check for $1,000 for shellfish acquisition and planting. Seconded and voted unanimously. B. Tilton SE3-3995 (coc) construct seasonal pier, ramp, & float * A motion was made to continue the hearing to May 11th. Seconded and voted unanimously. C. Warner (Conover) SE3-1537 (revised plan only) unpermitted chain-link fence A motion was made to approve the certificate. Seconded and voted unanimously. D. TOB/DPW SE3-4352 (coc,ok) Centerville River dredging – Phase 2 A motion was made to approve the certificate.

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Seconded and voted unanimously. E. Siroonian SE3-4569 (coc) construct additions to single-family dwelling * A motion was made to continue the hearing to May 11th. Seconded and voted unanimously. A motion was make to adjourn. Seconded and voted unanimously. The time was 11:25 a.m.

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DATE: May 11, 2010 8:30 a.m.


The meeting was called to order at 8:30 a.m. by Chairman Dennis R. Houle. Also attending were Vice-Chairman Tom Lee and Commissioners Larry Morin, and Louise Foster. Commissioner John Abodeely was away. Commissioners Peter Sampou and Scott Blazis were teaching, Rob Gatewood, Conservation Administrator, assisted along with Darcy Karle, Conservation Agent, and Fred Stepanis, Conservation Assistant. The meeting was held in the Hearing Room, Barnstable Town Hall, Hyannis, MA. I REVISED PLANS project # project type revision A. Magin SE3-3843 pool, guest cottage pool location The applicant was represented by John O’Dea, P.E. Issues discussed:

A 5,500 sq. ft. wetlands enhancement was proposed to mitigate for the necessary swimming pool waiver. The mitigation ratio would be 10:1. Staff consultation would be required. An annual review of project success would be required for three years post-completion.

A motion was made to approve the revised plan. Seconded and voted unanimously. B. Kariotis SE3-4780 sfd footprint relocation The applicant was represented by John O’Dea, P.E. Issues discussed:

The revised house footprint is now largely out of Conservation jurisdiction. A motion was made to approve the revised plan. Seconded and voted unanimously. C. ToB/DPW SE3-4790 bulkhead repair drainage system The applicant was represented by Brian Celia. Issues discussed: no concerns arose.



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A motion was made to approve the revised plan. Seconded and voted unanimously. D. O’Donnell SE3-4524 replace pool revisit mitigation The request was withdrawn. E. Baker/Blakely SE3-4824 pier, ramp, floats boats The applicant was represented by Arlene Wilson, P.W.S. Issues discussed:

Allowances for a Stamas Express 32 and Infinyte i4 electric launch. A motion was made to approve the revised plan, provided that only two of the three boats now approved at the pier shall be berthed at the pier at any one time. Seconded and voted unanimously. II EXTENSION PERMITS A. Kariotis SE3-4365 raze/construct sfd 2nd Request; 3 yrs. The applicant was represented by John O’Dea, P.E. Issues discussed: no concerns arose. A motion was made to approve a three-year extension. Seconded and voted unanimously. B. Kariotis SE3-4366 sfd 2nd Request; 3 yrs. The applicant was represented by John O’Dea, P.E. Issues discussed: no concerns arose. A motion was made to approve a three-year extension. Seconded and voted unanimously. III ENFORCEMENT ORDERS A. Edmond A. Couture (lessee) / Lombard Property Trust – 2415 Meetinghouse Way, West Barnstable Cutting storm damaged and dead trees in a wetland and fill brought in for regrading project within 100’ buffer zone. The Conservation Agent read sections of a letter from Edmond Couture stating that he had complied with the enforcement order. A motion was made to approve the order as written. Seconded and voted unanimously. B. Laurie P. Snowden-Lebel – 5 Hayward Road, Centerville

Violation of an Order of Conditions by failing to request a Certificate of Compliance for SE3-4461

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A motion was made to approve the enforcement order as written. Seconded and voted unanimously. IV NON-CRIMINAL CITATIONS A Laurie P. Snowden – Lebel – Violation of an Order of Conditions $300.00 Noted V CERTIFICATES OF COMPLIANCE

(ap = as-built plan) (coc = Certificate of compliance) (ez = no deviations, staff recommends approval) (ok = minor deviations, staff recommends approval) (c = staff recommends approval with contingencies) (d = deviations, staff recommends denial) (* = on-going conditions) A. Siroonian SE3-4569 (coc) construct additions to single-family dwelling * A motion was made to approve the certificate, contingent upon: adding swale, extending downspout, and removing brush pile. Seconded and voted unanimously. B. Tilton SE3-3995 (coc,ok) construct seasonal pier, ramp, & float * C. Vinios SE3-4333 (coc,ez) construct pool, wall; modify driveway * A motion was made to approve certificates “B” and “C.” Seconded and voted unanimously. VI OLD AND NEW BUSINESS A. Barnstable Land Trust – trail connection to Bridge Creek Conservation Area The Conservation Agent, Darcy Karle, presented the request from the Barnstable Land Trust (BLT), requesting a connector trail from Bay View Farm property (BLT) to Bridge Creek Conservation area. A motion was made to approve the connector trail. Seconded and voted unanimously. A motion was made to adjourn. Seconded and voted unanimously. The time was 9:20 a.m.

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DATE: JUNE 8, 2010 9:15 a.m.

LOCATION: TOWN HALL HEARING ROOM Scrivener’s note: The following minutes are general in nature. For those wanting specific detail on matters heard on this agenda, additional resources are available to you: video-on-demand (free on the Town website at town.barnstable.ma.us), and DVD recordings. Please contact the Conservation Division at 508.862.4093 for assistance.

The meeting was called to order at 9:15 a.m. by Chairman Dennis R. Houle. Also attending were Vice-Chairman Tom Lee and Commissioners, John Abodeely, Larry Morin, and Louise Foster. Commissioners Peter Sampou and Scott Blazis were teaching, Rob Gatewood, Conservation Administrator, assisted along with Darcy Karle, Conservation Agent, and Fred Stepanis, Conservation Assistant. The meeting was held in the Hearing Room, Barnstable Town Hall, Hyannis, MA I REVISED PLANS project type revision A. Wells SE3-4857 garage & drive cobble apron The applicant was represented by John O’Dea, P.E. Issues discussed: None A motion was made to approve the revised plan. Seconded and voted unanimously. B. O’Donnell SE3-4524 plantings plant scheme The applicant was represented by Rob Donaldson. Issues discussed:

The Commission noted that the current buffer zone regulation was in place at the time of the Order of Conditions when the planting was prescribed.

The plantings represent an opportunity for environmental mitigation and should be taken as such. A motion was made to deny the revised plan. Seconded and voted unanimously. A motion was made to amend the agenda to add the following revised plan:* *C. Haseotes SE3-4830 addition plant scheme The applicant was represented by C. J. Reilly and Michael Neath.



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(Haseotes, cont’d.) Issues discussed:

The landscaping plan provides a grass swath for the disabled property owner to get around the west side of the property.

Reports will be required after years’ two and three post-planting.

A motion was made to approve the revised plan. Seconded and voted unanimously. II EXTENSION PERMITS A. Pascucci (Cohen) SE3-4291 outhaul posts 2nd Request; 3 yrs. The applicant was represented by John O’Dea, P.E. Issues discussed: none A motion was made to approve a three-year extension Seconded and voted unanimously. B. Maginn SE3-3843 pool, guest cottage 2nd Request; 3 yrs. The applicant was represented by John O’Dea, P.E. Issues discussed: none A motion was made to approve a three-year extension. Seconded and voted unanimously. III OLD & NEW BUSINESS A. Conversation with Mark Robinson on Fuller Farm parcels A motion was made to table the matter. Seconded and voted unanimously. B. Pier maintenance in Certificates of Compliance Arlene Wilson attended the hearing. Her concern was for a clause in the Keally Certificate of Compliance which limited ongoing maintenance to the term of the Chapter 91 license. The condition has been included for some time (10 years, at least) in the Certificates of Compliance for piers issued by the Commission. Ms. Wilson said it might be best handled in the context of an amendment to the pier regulations. John O’Dea suggested the existing Form M maintenance allowance may provide such a vehicle for conditioning the term of maintenance. The Commission asked staff to research the matter further. A motion was made to continue the matter to the next morning hearing of July 20, 2010. Seconded and voted unanimously.

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IV ENFORCEMENT ORDERS A. Eric Kinsella – 791 Old Post Road, Cotuit Violation of an Order of Conditions, unauthorized cutting beyond work limit. Cutting trees and dumping brush on coastal bank. Vista pruning without consultation with staff. Arlene Wilson represented Mr. Kinsella. A mitigation plan will be prepared to address where planting should take place for the three trees cut on a coastal bank and the two trees near the pool. The plan should define the edge of the meadow, and state on the plan that there is to be no cutting between the edge of the meadow and the top of the coastal bank without prior authorization. A protocol must be in place to remove cut debris from the bank. Commissioners are welcome to visit the site. Planting shall take place by October 15, 2010. A motion was made to continue the hearing to July 20, 2010. Seconded and voted unanimously. V NON-CRIMINAL CITATIONS A Eric Kinsella – violation of an Order of Conditions. $300.00 Noted VI CERTIFICATES OF COMPLIANCE

(ap = as-built plan) (coc = Certificate of compliance) (ez = no deviations, staff recommends approval) (ok = minor deviations, staff recommends approval) (c = staff recommends approval with contingencies) (d = deviations, staff recommends denial) (* = on-going conditions) A. Venter SE3-4053 (coc,ez) reconstruct bank stairs (not done) A motion was made to approve the certificate. Seconded and voted unanimously. A motion was made to adjourn. Seconded and voted unanimously. The time was 10:42 a.m.

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DATE: JULY 20, 2010 8:30 a.m.

LOCATION: TOWN HALL HEARING ROOM Scrivener’s note: The following minutes are general in nature. For those wanting specific detail on matters heard on this agenda, additional resources are available to you: video-on-demand (free on the Town website at town.barnstable.ma.us), and DVD recordings. Please contact the Conservation Division at 508.862.4093 for assistance.

The meeting was called to order at 8:35 a.m. by Chairman Dennis R. Houle. Also attending were Vice-Chairman Tom Lee, and Commissioners John Abodeely, Scott Blazis, Larry Morin, and Louise Foster. Commissioner Peter Sampou was away. Rob Gatewood, Conservation Administrator, assisted. The meeting was held in the Hearing Room, Barnstable Town Hall, Hyannis, MA. I REVISED PLANS project type revision A. Weatherley SE3-4778 sfd eliminate drywell, etc. The applicant was represented by Jack Vacarro. Shrub replacement planting would be done in consultation with staff. Roof and sump drains would outlet to the buffer zone. Clay soils will prevent effective leaching via drywell. This concerned the Commission because of possible wetland impacts. The Commission asked that an alternative drainage design be explored. A motion was made to approve the pads for the AC units. Seconded and voted unanimously. A motion was made to approve the pads for the AC units. Seconded and voted unanimously. A motion was made to continue the three other components of the request to September 14th. Seconded and voted unanimously. B. Swaim SE3-4751 sfd add vista pruning The applicant was represented by Jack Vaccaro. Vista pruning guidelines would be followed. A motion was made to approve the revised plan. Seconded and voted unanimously.



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(Revised Plans, cont’d) C. Haley SE3-4645 pool, patio configurations The applicant was represented by Bruce Besse. The changes would pull the house and pool some 15 feet landward of the approved location. A motion was made to approve the revised plan. Seconded and voted unanimously. D. Branca SE3-4867 elevated walkway & Patio walkway height At The applicant’s request, the matter was continued to August 17th. No testimony was taken. E. Laugharn SE3-4710 additions, deck ext., garage landscaping The applicant was represented by Bill Witkowski. Photographs were submitted and noted as Exhibit A (1-3). Significant lawn area would be converted to meadow. Mowing would be allowed twice per year. A motion was made to approve the revised plan. Seconded and voted unanimously. F. Walske SE3-4765 pier, ramp, float boat The applicant was represented by John O’Dea, P.E. A 1-foot clearance to bottom would be provided. The Commission requested that the manufacturer’s recommended minimum depth for this type of jet-powered boat be followed. A motion was made to continue the hearing to August 17th. Seconded and voted unanimously. II EXTENSION PERMITS A. Webb SE3-4649 addition; landscaping 1st Request; 3 yrs. Mr. Webb attended the hearing. No concerns arose. A motion was made to approve a three-year extension. Seconded and voted unanimously.

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(Extensions, cont’d.) B. Fitzgerald SE3-4698 dune nourishment 1st Request; 3 yrs. The applicant was represented by Peter Sullivan, P.E. No concerns arose. A motion was made to approve a three-year extension. Seconded and voted unanimously. C. Ward SE3-4629 wall 1st Request; 3 yrs. The applicant was represented by John O’Dea, P.E. No concerns arose. A motion was made to approve a three-year extension. Seconded and voted unanimously. D. Crosby SE3-4313 sfd 2nd Request: 3 yrs. The applicant was represented by Peter Sullivan, P.E. Issues discussed:

Landscaping remains to be done. A motion was made to approve a second, three-year extension. Seconded and voted unanimously. III OLD & NEW BUSINESS A. Hayward Landing Present were Bob Lovell, DPW Highway Supervisor. Ms. Karle updated the Commission regarding the slow expansion/creeping of the landing between 2001 and 2008 under a prior Highway supervisor’s direction. Public comment: Chris Outwin, abutter, produced various photos pertinent to before and after the violation: Exhibits:*

A, 1-3 – Landing with boulders placed by staff and the DPW, dated 7/15/10 B, 1-6 – Landing before boulders, dated 7/6/2010; C, 1-5 – Aerials, 1996, 2001, 2005, 2008, 2009; E-mail from Dan Horn dated 7/19/10; D-1 – Landing July 16, 2010; D-2 – From Chris Outwin; E, 1-4 Photos submitted by Chris Outwin (undated); F – Plan of Hayward Landing from Conservation file SE3-3145.

*All photos can be accessed in Conservation Department 2010 Enforcement binder under “DPW/Hayward Landing.”

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(Old & New/Hayward Landing, cont’d.) Staff stated that no additional unauthorized material was brought in since 2008. Grass was observed growing up through the material/debris at the east edge of the lot. A motion was made to request the DPW to place an additional row of boulders along the north edge of the lot, in consultation with Conservation staff, and to hand-rake any material requested by staff. The existing two rows of boulders to remain in place. Seconded and voted unanimously. B. Pier maintenance in Certificates of Compliance (continued from 6/8/10) Arlene Wilson, P.W.S., participated in the discussion. Staff recommended that the Commission delete the pier maintenance statement from the Keally Certificate of Compliance A motion was made to amend the Agenda to add the following under “Certificates of Compliance:” C. Keally SE3-4500 (coc re-issue) pier Seconded and voted unanimously. (For action, see VI – B., below). IV ENFORCEMENT ORDERS A. Eric Kinsella – 791 Old Post Road, Cotuit SE3-4528 Violation of an Order of Conditions, unauthorized cutting beyond work limit. Cutting trees and dumping brush on coastal bank. Vista pruning without consultation with staff. (Continued from 6/8/10) Arlene Wilson, P.W.S., represented Mr. Kinsella. Chairman Houle read Mr. Kinsella’s letter into the record. The Commission discussed the illegal pruning of trees on either side of the coastal stairs, on both Turnbull’s side and that of Kinsella. Ms. Wilson requested permission to plant one-half dozen or more small cedar trees directly on the bank, along with fifteen shrubs/Bayberry. She stated that her client will not touch anything within the 20-foot buffer from the top of the bank. Stumps will be left, for now, in the meadow area. Two trees near the pool which were removed will be replanted with two hardwood trees. The meadow will be staked off with boundary markers and two new trees, as aforementioned. A motion was made that the following conditions be met:

Submission of a revised planting plan approved by staff; A three-year monitoring plan, after planting; reports and photos required; A new enforcement order be issued to Mr. Kinsella for vista pruning trees near stairs without a permit.

Seconded and voted unanimously. Ms. Wilson agreed that the planting would be done by fall of 2010. Exhibit A-1 – Letter from Eric Kinsella, dated June 30, 2010. (May be accessed in Conservation Department 2010 Enforcement binder under “K – Kinsella).”

B. Conrad Geyser – 64 Old Shore Road, Cotuit – work on Town of Barnstable ramp Alteration of a wetland resource area by digging out an area and pouring a concrete pad on the beach next to boat ramp.

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(Enforcements, Geyser, cont’d.) Mr. Geyser attended the hearing. Exhibit A-1, letter from Alisha Stanley, Town of Barnstable Property Manager, dated 7/1/2010, was read into the record. Karcy Karle, Agent, passed photos of the violation as it occurred, submitted by the complainant:

Exhibit B, 1-2, photos taken in April, 2010 Exhibit C, 1-2, photos of concrete pad, dated 6/11/10.

Mr. Geyser submitted photos (undated) read into the record as Exhibit D, 1-2. A motion was made to amend the enforcement order to require the removal/restoration of the beach within twenty-one days from the date of this hearing. C. Dominick Gautrau – 108 Long Beach Road, Centerville SE3-2471 Violation of an Order of Conditions and approved plan of record by rebuilding a dock, adding a platform and increasing size of ramp and float. Mr. Gautrau was represented by Peter Sullivan, P.E. Ms. Karle submitted the following information with regard to the violation:

The original, approved seasonal timber ramp measured 14’ x 3’ and the float 8’ x 5.5’. Mr. Gautrau added a 4’ x’6’ platform over the wall, and increased the size of the ramp and float.

Ms. Karle submitted the following exhibits to the Commissioners for review: Exhibit A – June 17, 1992 Plan of Record, sheets 1 and 2, under Order of Conditions SE3-2471; Exhibit B, 1-3 - photos taken at the site by Darcy Karle on June 16, 2010. A motion was made to approve the enforcement order to bring the seasonal ramp and float into compliance, as show on the plan of record, within two weeks of this hearing. Seconded and voted unanimously. D. Charles and Elaine Murphy – 122 Point of Pines Avenue Alteration of a wetland resource area an 50’ undisturbed buffer zone by removing a small retaining wall along with beach nourishment, without prior authorization of the Barnstable Conservation Commission. Mr. Murphy was unable to attend the hearing but had filed an RDA application (Exhibit A), and indicated via e-mail that he was willing to comply with the regulations. Issues discussed:

Exhibit A-1 – Email dated July 14, 2010; Mr. Murphy had requested Maffei Landscaping to remove the old wall, and provide beach nourishment.(Exhibit

B, photos 1-3, dated 2/26/08, from file SE3-3838). Exhibit C, photos 1-3 – taken by the Conservation Agent on 6/23/10, during an on-site visit with property owner

and Maffie Landscaping. Exhibit D – Section of plan (sketch of beach nourishment), dated 6/30/10 (SE3-3838).

A motion was made to approve the enforcement order as written. Seconded and voted unanimously.

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V NON-CRIMINAL CITATIONS A Conrad Geyser – alteration of a wetland resource area $200.00 Noted. B. Dominick Gautrau – violation of an Order of Conditions $300.00 Noted. A motion was made to amend the agenda to add the following: C. Robert Maffei Landscaping – alteration of a wetland resource area $200.00 Seconded and voted unanimously. Noted. VI CERTIFICATES OF COMPLIANCE

(ap = as-built plan) (coc = Certificate of compliance) (ez = no deviations, staff recommends approval) (ok = minor deviations, staff recommends approval) (c = staff recommends approval with contingencies) (d = deviations, staff recommends denial) (* = on-going conditions) A. Steamship Authority SE3-4770 (coc) dredging to accommodate slip #2 The applicant was represented by William Cloutier, P.E. Issues discussed:

Mr. Cloutier stated that the channel kept filling in and required over-dredging beyond the approved footprint (Exhibit A – Post-dredge Bathymetric Survey, dated 11/15/09)

Mr. Cloutier apologized for not obtaining prior approval of the Commission. Commissioner Blazis thought that some kind of mitigation would be appropriate. A motion was made to approve the Certificate, with staff sending a letter to the applicant, referencing the approved dredge depth and urging better communication in the future. Seconded and approved: 5 votes “Aye;” 1 vote “Nay.” A motion was made to amend the agenda to add the following: B. Keally SE3-4500 (coc re-issue) pier Seconded and voted unanimously. A motion was made to re-issue the Keally Certificate, deleting the pier maintenance statement preceding the ongoing conditions. Seconded and voted unanimously. A motion was made to adjourn. Seconded and voted unanimously. The time was 11:10 a.m.

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