Conservation Commission PM 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 8, 2008, 6:30 p.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 6:30 p.m. by Chairman Dennis R. Houle. Also attending were Commissioners Peter Sampou, Scott Blazis, Larry Morin, and Tom Lee. Vice-Chairman John Abodeely and Commission Louise Foster were away. Rob Gatewood, Conservation Administrator, assisted. I MINUTES FOR APPROVAL A. December 11, 2007 A motion was made to approve the minutes. Seconded and voted unanimously. II REQUESTS FOR DETERMINATION Gretchen Reilly. To determine the presence and extent of all wetland resource areas on the parcel at 100 Oregon Way, Cotuit as shown on Assessors Map 016 Parcel 012, Lot B. DA-08001 The applicant was represented by Mario DeGregorio. Issues discussed:

• Letter of Map Amendment issued from FEMA for 100-year floodplain. A motion was made to issue a positive determination. Seconded and voted unanimously. Nancy & William Johnston. Requesting approval of change in configuration of deck, change of location of a 10’x 10’ shed, and the placement of a second shed 10’x 12’ at 410 Nyes Neck Rd., Centerville as shown on Assessors Map 232 Parcel 001. DA-08003 The applicants represented themselves. Issues discussed:

• No chemicals, toxins or flammables allowed in sheds • Drywell to be installed for hot tub run-off.

Town of Barnstable Conservation Commission

200 Main Street Hyannis Massachusetts 02601

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A motion was made to issue a negative determination. Seconded and voted unanimously. Christopher Kennedy. Conduct vista pruning; landscape maintenance activities and cutting- back/pruning of existing overgrown hedges at 149 Island Ave., Squaw Island, Hyannisport as shown on Assessors Map 265 Parcel 019. DA-08002 The applicant was represented by Steve Wilson, P.E. Issues discussed:

• Vista pruning and hedge-trimming requested. A motion was made to issue a negative determination. Seconded and voted unanimously. Hugh H. Tompkins. Construct tennis court and relocate a portion of existing drive at 166 North Bay Rd., Osterville as shown on Assessors Map 073 Parcel 014-003. DA-08004 The applicant was represented by John O’Dea, E.I.T. Issues discussed:

• Drainage to the low point possibly problematic, as it crosses property line • Driveway drainage solution to be worked out in consultation with staff.

A motion was made to issue a negative determination. Seconded and voted unanimously. Joseph Fallon. Proposed modification to existing licensed pier to realign existing float by rotating it 90 degrees to better-handle prevailing waves at 33 Maywood Ave., Hyannisport as shown on Assessors Map 287 Parcel 129. DA-08005 The applicant was represented by John O’Dea, E.I.T. Issues discussed:

• Letter of concern received from abutter, Ms. Graf. A motion was made to issue a negative determination. Seconded and voted unanimously. III NOTICES OF INTENT Elizabeth E. Lukens. Construct in-ground pool with reconstructed masonry patio and spa; garage with second-story addition; modify septic system at 161 Bay Lane, Centerville as shown on Assessors Map 186 Parcel 009. SE3-4700 The applicant was represented by Arlene Wilson, P.W.S. Issues discussed:

• Need for a revised plan incorporating all aspects of the project, now shown on several plans • Mitigation planting was proposed beyond the wire fence • Expanding the planting zone into the lawn, approximately eight feet landward of the fence, providing an

additional 600 square feet of planting.

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A motion was made to approve the project with special conditions. Seconded and voted unanimously. IV CONTINUANCES Town of Barnstable/DPW. Demolish existing bathhouse/concession building; construct new bathhouse/concession building and new Coastal Interpretive Center; expand and redesign existing parking facilities at Sandy Neck Beach Facility, Sandy Neck Road, W. Barnstable as shown on Assessors Map 263 Parcel 001. SE3-4661. Commissioner Tom Lee recused himself, as he is employed by the consultant. Via letter, a continuance was requested. A motion was made to continue the project to March 4th. Seconded and voted unanimously. Timothy & Eileen Kandianis. Permission for vista pruning; flush cutting/removal of dead, diseased and storm-damaged trees; planting of native shrubs at 24 Leonard Rd., W. Barnstable as shown on Assessors Map 136 Parcel 011-001. SE3-4696 This Notice of Intent application and the Enforcement Order were opened simultaneously. The applicant was represented by Attorney Bill Henchy, Don Schall, and Mr. Kandianis (applicant). Issues discussed:

• Staff discussed the Conservation Division’s unsuccessful attempt at realizing off-site mitigation • Twenty-seven trees, overall, were affected; half on Town land and half on the Kandianis’ land • Twenty-four shrubs were proposed for mitigation planting • Using cedars in the 12 - 16-inch root ball range • Several of the cut trees were already dead or diseased prior to violation according to the applicant and

consultant. The Commission expressed skepticism with that assertion, as the consultant had not realized that he had not seen the site until approx. 1.5 years after the violation

• Diseased trees should be flush-cut and removed • Staggering the red cedar plantings over time, as the cut pines die off • Best planting time: March 1st to March 31st • Suitability of American holly for use at site, as well as white pine • Mr. Schall will stake ten tree locations in the field • Question of whether simply replanting the site is the best way to proceed or whether a civil fine would be

appropriate in this case. Mr. Henchy felt strongly that it would create a “go- to-your-corners” standoff. (None was required in the end)

A motion was made to approve the project with special conditions. Seconded and voted unanimously. V ENFORCEMENT ORDER

A. Timothy Kandianis – violation of ongoing conditions in a Certificate of Compliance under SE3-3828 by cutting beyond work limit line/shrub buffer: removing 2 trees and limbing vegetation to create a path, mowing lawn beyond shrub buffer and limbing vegetation. Topping approx. 26 large scrub pines and one hardwood tree for vista purposes.

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[This Enforcement Order and the Notice of Intent were heard simultaneously (see above)] VI AMENDED ORDERS Robert Benedetto. Construct single-family residence, septic and landscaping (as an amended order of previously permitted project SE3-4203); construct additional 100 feet of drainage piping and backfill ditch at 359 Santuit Road, Cotuit as shown on Assessors Map 020 Parcel 003. SE3-4203 The applicant was represented by Attorney Michael Ford, Steve Wilson, P.E. and Larry Benedetto. Issues discussed:

• Mr. Ford provided a history of the proposed development • The conservation restriction was intended to be offered as mitigation for the proposed stream culverting • The Commission’s willingness to put the river designation back on the table • Commissioner’s need to get out to see the site • A prior wildlife habitat survey was conducted • Mosquito control perspective or whether stream is intermittent.

A motion was made to continue the project to February 19th. Seconded and voted unanimously. VII REVISED PLANS A. Catherine Conover SE3-4588 dredging Great Cove entrance 10 more days The applicant was represented by was represented by John O’Dea, E.I.T. A motion was made to approve the revised plan. Seconded and voted unanimously. VIII CERTIFICATES OF COMPLIANCE (ez = staff recommends approval) (* = on-going conditions) A. Winchenbaugh SE3-4637 (coc,ez) construct in-ground swimming pool * B. Champa SE3-4612 (coc,ez) replace seven dead or dying trees * C. Rompala SE3-4474 (coc,ez) construct detached garage & driveway * D. Crouthamel SE3-4560 (coc,ez) construct additions and deck to sfd * E. Maguire SE3-3983 (coc,ez) construct garage (not done) & addition * F. Westhaver SE3-4246 (coc,ez) construct garage (not done) & single-family dwelling * G. Gregory SE3-4312 (coc,ez) construct pier, ramp, & float * H. Gregory SE3-4278 (coc,ez) repair revetment & install sheathing and pilings * A motion was made to approve all the above (“A” – “H”) certificates. Seconded and voted unanimously.

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IX OLD & NEW BUSINESS A. Morning meeting Jan. 15th Noted. B. Other None. A motion was made to adjourn. Seconded and voted unanimously. The time was 8:56 p.m.

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DATE: January 22, 2008, 6:30 p.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 6:30 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. The meeting was held in the Selectmen’s Conference Room, Barnstable Town Hall, Hyannis, MA I MINUTES FOR APPROVAL A. December 11, 2007 (Executive Session) B. December 18, 2007 A motion was made to approve the minutes (“A” and “B”). Seconded and voted unanimously. C. January 8, 2008 A motion was made to approve the minutes of January 8, 2008, as amended. Seconded and voted unanimously. II REQUESTS FOR DETERMINATION Robert & Ann Bartholomay. Relocate two existing air conditioning units; rebuild existing basement bulkhead; construct perimeter drainage system around existing house at 71 Sachem Dr., Centerville as shown on Assessors Map 209 Parcel 026. DA-08006 The applicant was represented by Mark Dibb, P.E. Issues discussed:

• A landscaping plan was submitted. A reduction in lawn where located on the slope, was sought by the Commission.

A motion was made to issue a negative determination. Seconded and voted unanimously.



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Melvin D. Field. Construct new septic system to replace existing cesspools at 49 Main St., Osterville as shown on Assessors Map 185 Parcel 020. DA-08007 The applicant was represented by Steve Wilson, P.E. Issues discussed:

• Location of leaching pits is unknown. They will be pumped and filled with sand. A motion was made to issue a negative determination. Seconded and voted unanimously. Town of Barnstable/DPW. Install new barrier railing at Covell’s Beach bathhouse using existing poles along concrete walkway from parking lot to rest rooms at 857 Craigville Beach Rd., Centerville as shown on Assessors Map 225 Parcel 006. DA-08008 The applicant was represented by Joe Marshall. Issues discussed:

• Using a slotted barrier • Tossing any future-accumulating sand into the dune, north of the walk

A motion was made to issue a negative determination. Seconded and voted unanimously. Timothy Fulham. Pump, fill and abandon existing leach pit; construct new soil absorption system and tank (if necessary) within buffer at 63 Blue Heron Dr., Osterville as shown on Assessors Map 117 Parcel 004. DA-08010 The applicant was represented by Peter McEntee, P.E. Issues discussed:

• System approved by Board of Health A motion was made to issue a negative determination. Seconded and voted unanimously. Michael Ashley. Fill and abandon existing cesspools; construct complete Title-5 septic system in back yard, 77 feet from wetland at 1063 Main St., Osterville as shown on Assessors Map 118 Parcel 011. DA-08009 The applicant was represented by Peter McEntee, P.E. Issues discussed:

• Pile of debris on adjacent lot A motion was made to issue a negative determination. Seconded and voted unanimously. Mass. Highway Dept. Replace drainage pipe on the south side of Route 6A, just west of High Street, Barnstable as shown on Assessors Map/Parcel (N/A). DA-08014 The applicant was represented by Tom McGuire, P. E. and Bill Travers, P. E. Issues discussed:

• In the existing ditch, only accumulated trash, sand and branches will need to be removed

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(Mass. Highway Dept., cont’d.) • Work on the ditch to require advance consultation with Conservation staff

A motion was made to issue a negative determination. Seconded and voted unanimously. III NOTICES OF INTENT Town of Barnstable/DPW. Reconstruction, including full-depth pavement reclamation, sidewalk replacement and installation, drainage improvements including new structures, new drain pipe, new headwall construction and culvert replacement, new low retaining wall construction, pavement overlay, pavement markings, signage and other incidental work at School Street-Mashpee Town Line to Main Street, Cotuit as shown on Assessors Map 020 Parcel (various). SE3-4701 The applicant was represented by Roger Parsons, P.E. and Bill Paille, P.E. Issues discussed:

• Improvements to storm-water conveyance system to increase infiltration • Sediment scrubbing via stormceptor unit • Velocity dispersion via plunge pools at the culvert • Request by Health Division for permeable pavers under sidewalks. Such systems are still in development • Work would begin in April • Revised plan to show further drainage improvement.

A motion was made to approve the project with special conditions. Seconded and voted unanimously. Alice Fardy. Repair existing septic system at 966 Craigville Beach Rd., Centerville as shown on Assessors Map 226 Parcel 007. SE3-_____ The applicant was represented by Dave Flaherty. Issues discussed:

• A FAST system was proposed • Possible landscaping mitigation • Containing the parking lot runoff on site • Existing use vs. proposed use. Nitrogen calculations desired by the Commission • Use of pervious pavers for concrete patio replacement.

A motion was made to continue the project to February 19th. Seconded and voted unanimously. Alan Dalby. Construct addition to single-family dwelling at 313 Bridge St., Osterville as shown on Assessors Map 93 Parcel 046. SE3-____ The applicant was represented by Dave Flaherty and Peter Brown, R. A. Issues discussed: None A motion was made to approve the project with special conditions. Seconded and voted unanimously.

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IV CERTIFICATES OF COMPLIANCE (ez = staff recommends approval) (* = on-going conditions) A. Fish SE3-4563 (coc,ez) repair sacrificial dune * B. Silins SE3-4330 (coc,ez) construct single-family dwelling * C. Carroll SE3-4370 (coc,ez) construct addition & upgrade septic to sfd * D. Hemeon SE3-1542 (coc,ez) construct single-family dwelling * E. DeVesto SE3-4437 (coc,ez) rebuild boathouse F. Voute SE3-3851 (coc,ez) construct single-family dwelling * A motion was made to approve all of the certificates (“A” – “F”). Seconded and voted unanimously. V OLD & NEW BUSINESS A. Performing Arts Center preview Mr. Erik Tellander, R.A., represented the Town. The proposed site under consideration is the Armory site across from Town Hall, on South Street. Mr. Tellander’s presentation was well-received. The sense of the Commission was that, as far as wetlands protection is concerned, the project appears quite feasible. B. Shooting Range A March 4th public hearing will be held for the Commission to receive comments, and make a decision with regard to phasing out non-Barnstable Police Department institutional users. C. Ropes Beach pilot project Staff provide a progress report on the Ropes Beach pilot project for dinghy management. If promulgated, it would prohibit dinghy storage between November 15th and April 15th. A motion was made to adjourn. Seconded and voted unanimously. The time was 8:59 p.m.

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DATE: February 5, 2008, 6:30 p.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 6:30 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. The meeting was held in the Selectmen’s Conference Room, Town Hall, Hyannis, MA. I MINUTES FOR APPROVAL A. January 15, 2008 B. January 22, 2008 A motion was made to approve the minutes (“A” and “B”) above. Seconded and voted unanimously. II REQUESTS FOR DETERMINATION James & Justine Laughran. Construct two small additions to existing dwelling along with a detached garage at 100 Bay View Rd., Barnstable as shown on Assessors Map 319 Parcel 030. DA-08011 The applicant was represented by John O’Reilly, P.E. and Alison Leslie, Architect. Issues discussed:

• “Pocket” wetland, whether a potential vernal pool • The scope of the project – unknown to the Commission – was applicant’s intention to construct a new

foundation. The matter was withdrawn. A notice of intent will be filed in the future. Kai Cole. Septic system upgrade at 707 South Main St., Centerville as shown on Assessors Map 186 Parcel 066. DA-08012 The applicant was represented by Mike Puenta. No concerns arose.



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(Cole, cont’d.) A motion was made to issue a negative determination. Seconded and voted unanimously. \Mr. & Mrs. Richard Syron. Remove existing screen panels from porch; adjust column locations to accommodate installation of new sliders at 450 Starboard Ln., Osterville as shown on Assessors Map 167 Parcel 026-001. DA-08013 The applicant did not attend. No concerns arose. A motion was made to issue a negative determination. Seconded and voted unanimously. Michael & Helen Hughes. Construct detached garage with upstairs apartment at 1360 Main St., Cotuit as shown on Assessors Map 033 Parcel 022-003. DA-08015 The applicant was represented by Norman Hayes. No concerns arose. A motion was made to issue a negative determination. Seconded and voted unanimously. Timothy L. & Karen S. Largay. Construct addition (screened porch with roof deck above) at 36 Bayview Rd., Osterville as shown on Assessors Map 093 Parcel 051. DA-08016 The applicant was represented by Peter Sullivan, P.E. No concerns arose. A motion was made to issue a negative determination. Seconded and voted unanimously. Mary Barton Land Trust. Close/restore certain near-pond paths for the purpose of managing foot traffic; install steps for defined/limited access to Eagle Pond; re-grade; secure using appropriate TRM; re-vegetate present footpaths to pond to minimize erosion at 0 Putnam Ave., Cotuit as shown on Assessors Map 055 Parcel 001. DA-08017 The applicant was represented by Lindsey Strode. Issues discussed:

• No CCA material will be used • Project will remove pedestrian (and dog) use further away from the water • Considered to be a much-needed improvement.


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Town of Barnstable/DPW/Engineering Division. Excavate approximately 9 cubic yards of existing material and replace with clean gravel base and stone surface. The widened area will be contained with granite edging to facilitate bus-turning movement; pave overlay of existing access driveway; patch parking lot at 480 Ocean St., Hyannis as shown on Assessors Map 324 Parcel 038. DA-08020 The applicant was represented by Roger Parsons, P.E. No concerns arose. A motion was made to issue a negative determination. Seconded and voted unanimously. Town of Barnstable/Marine and Environmental Affairs. Replace approximately 800 feet of herring-run boards south of cement herring-run ladder. Boards will be non-pressure-treated; all work will be done by hand with staff and volunteers at Flume Ave., Marstons Mills. DA-08021 The applicant was represented by Doug Kalweit. Issues discussed:

• No preservative will be used on the boards • Only the upper boards will be replaced.

A motion was made to issue a negative determination. Seconded and voted unanimously. Town of Barnstable/Growth Management Division. Maintenance of existing trail (trimming, removal of fallen trees, etc.); removal of dilapidated cottage at 970 Race Ln., Marstons Mills as shown on Assessors Map 083 Parcel 007. DA-08018 The applicant was represented by Lindsey Counsell and Alisha Parker. Issues discussed:

• Limited extent of Conservation jurisdiction at the parcel • Several letters were noted from: John Way, John Godley, Bob Frazee and Town Councilor Hank

Farnham. • Restricting ATV access via path-width reduction or well-placed barriers. Restricting possible trespassing

via barriers, e.g., tree branches • Possibility of a boardwalk over the mushy low point • Potential impacts from dog use • Importance of opening parcel to public access to encourage future open space acquisition by the Town • Public comment received from Emory Anderson on behalf of the Indian Pond Association. Other

comments from James McGuire; Holly Hobart (also on behalf of the IPA); Town Councilor Janice Barton; Carolyn Garbeth; Jane Smith; Nancy Wong; and, John O’Tario

A motion was made to issue a negative determination. Seconded and voted unanimously. III NOTICES OF INTENT Dennis S. & Linda Larson. Replace existing wood deck with plastic decking, and place deck on concrete footings; replace existing fence in kind; replace existing dock in same footprint with a dock consisting of plastic decking on a wooden frame supported by metal pipes; place sheeting behind rip-rap wall, and re-set wall as needed as 429 Lakeside Drive West, Centerville as shown on Assessors Map 231 Parcel 003. SE3-4704

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(Larson, cont’d.) The applicant was represented by Peter Sullivan, P.E. and Dan Shaunessey. Issues discussed:

• Possibilities for planting-mitigation • A revised plan showing the above will be submitted for staff review.

A motion was made to approve the project with special conditions. Seconded and voted unanimously. Niraj Shah. Construct tennis court at 106 East Bay Rd., Osterville as shown on Assessors Map 141 Parcel 104-004. SE3-_____ The applicant was represented by Stephen Wilson, P.E. No concerns arose. A motion was made to approve the project with special conditions. Seconded and voted unanimously. IV CERTIFICATES OF COMPLIANCE (ez = staff recommends approval) (* = on-going conditions) A. Kerins (Orme) SE3-1924 (coc,ez) construct single-family dwelling * B. TOB/DPW SE3-4363 (coc,ez) construct sidewalk C. Whedon & Cole SE3-4154 (coc,ez) approve as-built floats (for jet skis) * A motion was made to approve all the above (“A” – “C”) certificates. Seconded and voted unanimously. V OLD & NEW BUSINESS A. Update on shooting range Staff up-dated the Commission on the meeting today at Camp Edwards regarding “phasing in” the institutional users from our range, which the Commission would like to “phase out.” The timing may enable our users to find a new home by year’s end. The Commission will hold a public discussion on April 15th. B. Other A motion was made to endorse Tom Lee as Commission liaison to the Land Acquisition Committee. Seconded and voted unanimously. A motion was made to adjourn. Seconded and voted unanimously. The time was 8:37 p.m.

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DATE: February 19, 2008, 6:00 p.m.

LOCATION: TOWN HALL HEARING ROOM

I OPENING OF MEETING FOLLOWED IMMEDIATELY BY EXECUTIVE SESSION 6:00 p.m. A. Discussion of pending litigation

II RETURN TO PUBLIC MEETING 6:25 p.m. III MINUTES FOR APPROVAL A. February 5, 2008 B. February 12, 2008 A motion was made to approve the minutes (“A” and “B”). Seconded and voted unanimously. IV REQUESTS FOR DETERMINATION Grabscheid & Bloom, Trs., The Sheila R. Bloom 2004 Trust. Construct and maintain interlocking block wall; no grade changes proposed at 193 Wheeler Rd., Marstons Mills as shown on Assessors Map 082 Parcel 023. DA-08019 A continuance was requested via letter. A motion was made to continue the matter to March 4, 2008. Seconded and voted unanimously. Town of Barnstable/DPW. Work includes two-inches cold plane excavation within existing road limits; re-paving two-inches; new berm along west side of roadway; additional drainage along roadway at 367 and 355 Pitchers Way, Hyannis as shown on Assessors Map 269 Parcels 140 and 141. DA-08022 The applicant was represented by Roger Parsons. Issues discussed: None A motion was made to issue a negative determination. Seconded and voted unanimously.



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Stephen & Roberta Weiner. Maintenance pruning of shrubs and trees on bank; remove invasive vegetation by hand only; seasonal or yearly maintenance to keep invasives in check at 11 Cove Ln., Osterville as shown on Assessors Map 052 Parcel 008. DA-08023 The applicant was represented by Wayne Tavares. Issues discussed:

• Existing conditions are out of compliance with current vista pruning guidelines • Standard vista pruning in “vista corridor,” to be done in consultation with Conservation Agent • Submission of a revised plan, eliminating non-compliant notes.

A motion was made to issue a negative determination reflecting the above issues. Seconded and voted unanimously. Arnold Z. Mason. Repairs to existing stone revetment; large toe-stones to be added where needed; all voids filled with stone and concrete; all joints to be cleaned and pointed at 234 Long Beach Rd., Centerville as shown on Assessors Map 205 Parcels 001, 002, 034 and Map 206 Parcel 002. DA-08024 The applicant was represented by Arnie Johnson. Issues discussed:

• A revised plan was submitted and approved that includes work on a timber retaining wall. A motion was made to issue a negative determination. Seconded and voted unanimously. Ramsay E. & Merrilee Crain. Convert one-half of existing garage to closet space; convert existing walkway to mudroom with enclosed stair entry; convert basement bedroom to study; addition to existing 1st-floor bedroom; remodel kitchen; expand 2nd-floor bedroom and add bathroom at 195 Long Beach Rd., Centerville as shown on Assessors Map 205 Parcel 029. DA-08025 The applicant was represented by Jeff Schranghamer. Issues discussed:

• Submission of updated site plan, to be reviewed by Conservation staff to determine that as-built conditions properly permitted

• Solar lighting to be removed • Roll-up boardwalk to be reviewed by staff with regard to permitting • Wooden platform to be checked by staff with regard to its history. Shall be removed if previously required • Any repair or replacement of foundation will require an NOI filing

A motion was made to issue a negative determination, based on the above issues. Seconded and voted unanimously. V NOTICES OF INTENT Anthony Pence. Construct stairway on coastal bank; vista pruning; remove invasive vines and plants at 20 Lighthouse Ln., Hyannis as shown on Assessors Map 306 Parcels 188 and 207-001. SE3-4706 The applicant was represented by Steve Wilson. Issues discussed:

• Applicant to develop invasives-management plan with staff prior to work.

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(Pence, cont’d.) A motion was made to approve the project with special conditions. Seconded and voted unanimously. VI CONTINUANCES Alice Fardy/Ocean View Motel. Repair existing septic system at 966 Craigville Beach Rd., Centerville as shown on Assessors Map 226 Parcel 007. SE3-4702 The applicant was represented by Dan Ojala. Issues discussed:

• There is no use change, apart from present motel use, proposed by applicant. • The Board of Health approved the plan, dated 2/14/08, on February 19, 2008.

A motion was made to approve the project with special conditions. Seconded and voted unanimously. Robert Benedetto. Construct single-family residence, septic and landscaping (as an amended order of previously permitted project SE3-4203); construct additional 100 feet of drainage piping and backfill ditch at 359 Santuit Road, Cotuit as shown on Assessors Map 020 Parcel 003. Amended Order SE3-4203 A continuance was requested via letter. A motion was made to continue the matter to March 4, 2008. No testimony was taken. Seconded and voted unanimously. VII CERTIFICATES OF COMPLIANCE (ez = staff recommends approval) (* = on-going conditions) A. Cunningham DA-06039 (coc,ez) allow motorcraft at pier * B. Cunningham SE3-4599 (coc,ez) add ramp & float to pier * C. Carroll DA-06038 (coc,ez) allow motorcraft at pier * D. Carroll SE3-4600 (coc,ez) extend pier; add float * E. Brandes DA-06037 (coc,ez) allow motorcraft at pier * G. Gildea DA-06040 (coc,ez) allow motorcraft at pier * H. Keyspan Energy SE3-4225 (coc,ez) install gas service * A motion was made to approve all the above (“A” – “H”) certificates. Seconded and voted unanimously.

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VIII OLD & NEW BUSINESS None. A motion was made to adjourn. Seconded and voted unanimously. The time was 8:09 p.m.

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DATE: March 4, 2008, 6:30 p.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 6:31 p.m. by Chairman Dennis 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 MINUTES FOR APPROVAL A. February 19, 2008 A motion was made to approve the minutes. Seconded and voted unanimously. II CONTINUANCE Robert Benedetto. Amend Order of Conditions SE3-4203. Construct single-family residence, septic and landscaping (as an amended order of previously permitted project SE3-4203); construct additional 100 feet of drainage piping and backfill ditch at 359 Santuit Road, Cotuit as shown on Assessors Map 020 Parcel 003. The applicant was represented by Attorney Michael Ford, and Stephen Wilson, P.E. Issues discussed:

• The low flow (occasionally observed) or no-flow condition of the stream • Acknowledging the Town’s right to convey future flow through the Benedetto site • Whether the easement is already encumbered by the northerly neighbors • The existing Order of Conditions (unappealed) requires the granting of an easement over the northerly

portion of the lot • The possibility of this culverting being a precedent for similar work elsewhere • Possibility of amending the Order only to the extent of yielding on the conservation restriction.

A motion was made to amend the Order of Conditions to delete the requirement for the Conservation restriction only.



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(Benedetto, cont’d.) Seconded and voted: 3 votes “aye;” 2 votes “nay” (approval under the Town; to be determined under the State). Commissioner Louise Foster abstained, as she was not part of the quorum. III NOTICES OF INTENT Michael A. & Laurie A. Paternoster, Jr. Bluestone patio area with associated drainage and landscaping improvements (rebuild stockade fence and enhance plantings) at 292 Long Beach Rd., Centerville as shown on Assessors Map 185 Parcel 025. SE3-4707 Due to the project location being within the proposed DCPC, the hearing was opened and then immediately continued. A motion was made to continue the hearing to June 10. Seconded and voted unanimously. No testimony was taken. Paul H J O & Janet J. Voute. Retaining wall with fill and associated drainage for proposed parking area at 116 Wild Goose Way, Centerville, as shown on Assessors Map167 Parcel 046. SE3-4708 The applicant was represented by Peter Sullivan, P.E. Issues discussed: None A motion was made to approve the project with special conditions. Seconded and voted unanimously. Jay Bergeron & Joanne L. Crowley. Construct permanent timber pier with seasonal ramp and float at 59 Short Beach Rd., Centerville as shown on Assessors Map 206 Parcel 034. SE3-4709 Issues discussed:

• Shellfish value of zero • No boat purchased yet • Whether a shellfish survey is needed • The fact that no waivers have been granted under the new regulations • Disturbance of surface sediments and resultant nutrient release • Suitability of seasonal dinghy dock, except for gangway and float • The subject site as the only one remaining in the cove without a pier • Consideration of a length-of-pier waiver request (disallowed in the end).

A motion was made to approve the project with special conditions, subject to a revised plan rendering the pier as a shortened dinghy dock. Seconded and voted unanimously.

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IV MORE CONTINUANCES Town of Barnstable/DPW. Demolish existing bathhouse/concession building; construct new bathhouse/concession building and new Coastal Interpretive Center; expand and redesign existing parking facilities at Sandy Neck Beach Facility, Sandy Neck Road, W. Barnstable as shown on Assessors Map 263 Parcel 001. SE3-4661. The applicant was represented by Bob Burgann, Town Engineer. Commissioner Tom Lee recused himself. Issues discussed: None A motion was made to continue the hearing indefinitely. Seconded and voted unanimously. Grabscheid & Bloom, Trs., The Sheila R. Bloom 2004 Trust. Construct and maintain interlocking block wall; no grade changes proposed at 193 Wheeler Rd., Marstons Mills as shown on Assessors Map 082 Parcel 023. DA-08019 Via letter, the matter was withdrawn. V REVISED PLANS A. Joseph Fallon DA-07035 approved porch, landscaping, pool fence proposed pool hse 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. Town of Barnstable/ D.P.W. SE3-4598 rebuild Pleasant St. dock delete pumpout The applicant was represented by Bob Burgmann, P.E., Town Engineer. Commission Tom Lee recused himself. Issues discussed:

• The three deep-sea fishing boats will not utilize the proposed pumpout • The harbormaster cannot staff the proposed pumpout • The sewer line will be constructed to accommodate a future need

The matter was tabled until a future date when the Commission will consider the Pleasant Street pressure main Notice of Intent. VI REQUEST FOR AMENDED ORDER Town of Barnstable/Conservation Division. Amend Order of Conditions SE3-4531 (construct inlet between Rushy Marsh Pond and Nantucket Sound by installing culvert, stone groin, snow fencing and associated appurtenances) by eliminating (or making optional) the proposed mitigation consisting of abandonment and removal of old existing groins at 60 Oregon Way, Cotuit as shown on Assessors Map 016 Parcel 011.

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The applicant was represented by Rob Gatewood, Conservation Administrator. Issues discussed:

• At the property owner’s request, the proposed removal/abandonment of four long-existing groins was discussed.

A motion was made to approve the Amended Order with the deletion of the proposed groin-removal mitigation. Seconded and voted unanimously. VII CERTIFICATES OF COMPLIANCE (ez = staff recommends approval) (* = on-going conditions) A. Ward SE3-4189 (coc,ez) manage invasive plants * B. Gildea SE3-4578 (coc,ez) modify pier * C. Barnstable Harbor SE3-4601 (coc,ez) construct retaining walls & pool * Ventures D. Keyspan Energy SE3-4323 (coc,ez) extend gas main & install service connection * systems E. Berman SE3-3838 (coc,ez) permit existing pier * F. Davis SE3-4157 (coc,ez) repave roadway & replace culvert * A motion was made to approve all certificates. Seconded and voted unanimously. VIII OLD & NEW BUSINESS A. Morning meeting 3/11 8.30 a.m. Noted B. Other None A motion was made to adjourn. Seconded and voted unanimously. The time was 8:56 p.m.

MN031808 1



DATE: March 18, 2008, 6:30 p.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 6:30 p.m. by Chairman Dennis R. Houle. Also attending were Commissioners Peter Sampou, Larry Morin, Tom Lee, and Louise Foster. Vice-Chairman John Abodeely and Commissioner Scott Blazis were away. Rob Gatewood, Conservation Administrator, assisted. The meeting was held in the Selectmen’s Conference Room, Barnstable Town Hall, Hyannis, MA. I MINUTES FOR APPROVAL A. February 19, 2008 – Executive Session B. March 4, 2008 A motion was made to approve the minutes (“A” and “B”) Seconded and voted unanimously. II NOTICES OF INTENT James & Justine Laugharn. Construct two additions, a five-foot deck extension; new crawl- space foundation to replace existing foundation; second-floor dormers to existing dwelling at 100 Bay View Rd., Barnstable as shown on Assessors Map 319 Parcel 030. SE3-4710 The applicant was represented by John O’Reilly, P.E. and Alison Leslie, Architect. Issues discussed:

• Hoping to relocate two cedar trees affected by garage • Restricting the garage against residential conversion • Ideas for planting mitigation for the close proximity of garage to isolated wetland • Revised plan showing additional plantings, no future mowing of wetland, pulling garage 5' further away

and restricting garage against residential use. A motion was made to approve the project with special conditions. Seconded and voted unanimously. Town of Barnstable/MEA (1) Essential off-road vehicle management for Sandy Neck Park, W. Barnstable as shown on Assessors Map 263 Parcel 001, (and others). (No DEP# issued to date)



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(Notices of Intent, cont’d.) Town of Barnstable/MEA (2) Recreational off-road vehicle management for Sandy Neck Beach Park, Barnstable as shown on Assessors Map 263 Parcel 001, (and others). (No DEP# issued to date) Both MEA applications were heard simultaneously. The applicant was represented by Nina Coleman. Issues discussed:

• Whereas the former orders are proposed for reenactment, new escorting provisions through the tern colony were proposed.

• In that the new proposal may not be well-received by Massachusetts Natural Heritage and Endangered Species (NHESP), and that we still await their comments, a continuance was requested and consented to.

A motion was made to continue the hearing to April 1, 2008. Seconded and voted unanimously. Edward Lenk. Raze existing house within 100-ft. buffer; construct new house just outside 100-ft. buffer, and landscaping within 100-ft. buffer at 206 Wheeler Rd., Marstons Mills as shown on Assessors Map 082 Parcel 012. SE3-4711 The applicant was represented by Stephen Wilson, P.E. Issues discussed:

• Connecting (via injector) the boathouse bathroom to the septic system • Revising the work-limit line to clearly envelop the work

A motion was made to approve the project with special conditions. Seconded and voted unanimously. Byron & Joyce Haseotes. Site preparation, remove buried oil tank; abandon existing cesspool; construct 4-bedroom house addition (elevated/set on piers); construct new Title-5 septic system; grading at 293 Long Beach Rd., Centerville as shown on Assessors Map 185 Parcel 034. (No DEP# issued to date) Via letter, a continuance was requested. A motion was made to continue the project to June 10, 2008. Seconded and voted unanimously. William Fitzgerald. Reconstruct and extend existing post-supported deck with access stairs; general exterior maintenance of existing house and landscape structures; landscape mitigation at 162 Clamshell Cove Rd., Cotuit as shown on Assessors Map 005 Parcel 009. (No DEP# issued to date) The applicant was represented by Arlene Wilson, PWS. Issues discussed:

• Concrete to remain under deck • Extending planting strip on south side of stair-landing also • Revised plan for mitigation planting areas within the 50’ buffer

A motion was made to approve the project with special conditions. Seconded and voted unanimously.

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III CONTINUANCES Bruce Daniel. Construction of in-ground pool with associated patios, access ways and fencing; landscaping at 744 Sea View Ave., Osterville as shown on Assessors Map 114 Parcel 012-002. SE3-4635 The applicant was represented by Arlene Wilson, PWS. Issues discussed:

• Proposed clover patch to be mowed 3-4 times per year. • Several sections of fence will be removed - a good thing • A planting strip will be placed along the northeast side.

A revised plan will be submitted. Attorney Sarah Alger, representing abutters, expressed agreement with the plan. A motion was made to approve the project with special conditions. Seconded and voted unanimously. IV CERTIFICATES OF COMPLIANCE (ez = staff recommends approval) (* = on-going conditions) A. Bayside Building SE3-4618 (coc,ez) raze & construct single-family dwelling * B. Coletti SE3-0198 (coc,ez) construct attached garage C. Kelley & Pastore SE3-3458 (coc,ez) restore abandoned sand pit * D. Radley SE3-3364 (coc,ez) create a town coastal bank with path * E. Reilly SE3-4153 (coc,ez) construct single-family dwelling * A motion was made to approve all certificates. Seconded and voted unanimously. V OLD & NEW BUSINESS A. Shooting range ruling The Division of Conservation Services has ruled against implementation of Master Plan Phases 3 and 4. B. Emergency Permit: Town of Barnstable DPW, Millway Marina bulkhead failure A motion was made to endorse the emergency permit. Seconded and voted unanimously. C. Revised plan – None D. Other – None A motion was made to adjourn. Seconded and voted unanimously. The time was 7:50 p.m.

MN040108 1



DATE: April 1, 2008, 6:30 p.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 6:30 p.m. by Chairman Dennis 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. The meeting was held in the Selectmen’s Conference Room, Barnstable Town Hall, Hyannis. I MINUTES FOR APPROVAL A. March 11, 2008 B. March 18, 2008 A motion was made to approve the minutes (“A” and “B”). Seconded and voted unanimously. II REQUESTS FOR DETERMINATION Town of Barnstable/DPW. Install updated drainage system to stop runoff from flowing into Shubael Pond at 167 Lakeside Dr., Marstons Mills as shown on Assessors Map102 Parcel 173. DA-08028 The applicant was represented by Brian Celia. Issues discussed:

• Design for 25-year storm; 1-inch rain event. A motion was made to issue a negative determination. Seconded and voted unanimously. Town of Barnstable/DPW. Install updated drainage system to prevent runoff directly flowing into wetland at 55 Blueberry Ln., Marstons Mills as shown on Assessors Map 102 Parcel 108. Incorporated in this hearing will be Huckleberry Lane drainage improvement, located on the other side of the same wetland. DA-08029 The applicant was represented by Brian Celia. Issues discussed:

• Drainage areas and calculations were generated in the previous project (above).



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(ToB/DPW, cont’d.) A motion was made to issue a negative determination. Seconded and voted unanimously. Town of Barnstable/Water Dept. Upgrade and pave existing dirt access road to Airport well building at 520 Mary Dunn Rd., Hyannis as shown on Assessors Map 330 Parcel 009. DA-08037 Commissioner Tom Lee recused himself, as he serves as consultant for the applicant. The applicant was represented by Hans Keijser. Issues discussed: None A motion was made to issue a negative determination. Seconded and voted unanimously. Carlos A. Marques. Seek approval of existing timber retaining wall with associated fill; seek approval to keep and finish existing brick patios under both cantilevered decks at 49 Bob-White Run, Cotuit as shown on Assessors Map 024 Parcel 053. DA-08033 The applicant attended the hearing. Issues discussed:

• The applicant has demonstrated good progress and cooperation in working with the Commission to improve the situation which he inherited from the previous owner.

A motion was made to issue a negative determination. Seconded and voted unanimously. Thomas J. DeVesto. Construct retaining wall 65’ from top of coastal bank at 835 Old Post Rd., Cotuit as shown on Assessors Map 073 Parcel 006-002. DA-08030 The applicant was represented by Steve Wilson, P.E. Issues discussed:

• Several paths exist in the buffer zone; staff will review to ensure compliance with allowances granted by the Commission there.

A motion was made to issue a negative determination. Seconded and voted unanimously. Town of Barnstable/Recreation. Install Boundless Playground in wooded area behind Lombard Field scorer’s building at 2377 Meetinghouse Way, W. Barnstable as shown on Assessors Map 155 Parcels 002 and 040. DA-08035 The applicant was represented by David Curley, Recreation Director. Issues discussed: None A motion was made to issue a negative determination.

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(ToB/Recreation, cont’d.) Seconded and voted unanimously. Town of Barnstable/Structures & Grounds. Planting bed around flag pole; cut/remove existing vegetation; excavate soil 6 – 8 inches and add new soil; replant with perennials at 997 Craigville Beach Rd., Centerville as shown on Assessors Map 206 Parcel 013. DA-08034 The applicant was represented by Joe Marshall. Issues discussed:

• Applicant was cautioned that another entity of the DPW is proposing to refurbish the bathhouse. Therefore, project coordination may be in order

• A rope fence may be effective in protecting the area. A motion was made to issue a negative determination. Seconded and voted unanimously. III NOTICES OF INTENT Robert Bothwell. Construct new in-ground pool and associated patio at 252 Clamshell Cove Rd., Cotuit as shown on Assessors Map 005 Parcel 004. SE3-4718 The applicant was represented by Ed Pesce, P.E. Issues discussed:

• A detailed plan showing the locations of specific plant types will be submitted for staff consideration • Removal of 3-4 trees will be required for the pool, two of which are 1-2 feet in diameter. A bigger caliper

tree planting was requested by the Commission • Planting existing voids in the 2002 bank-planting plan as a requirement for any presently-approved plan • Correcting plan or wording with regard to wood chips and mulch • No building permit sign-off until pier enforcement issues are remedied.

A motion was made to approve the project with special conditions. Seconded and voted unanimously. Hyannis Yacht Club. Construct additions as previously approved under SE3-4275 (expired 6/23/07) at 490 Ocean St., Hyannis as shown on Assessors Map 324 Parcel 039. SE3-4716 The applicant was represented by Steve Wilson, P.E. Issues discussed:

• Prior parking lot drainage improvements have been implemented • Providing the large addition with leaching for roof-runoff.

A motion was made to approve the project with special conditions. Seconded and voted unanimously. Paul Grabscheid & Sheila Bloom, Trs./The Sheila Bloom 2004 Trust. Remove existing stone wall; construct and maintain interlocking block wall substantially within same location of existing wall; remove trees in area of wall at 193 Wheeler Rd., Marstons Mills as shown on Assessors Map 082 Parcel 023. SE3-_____ The applicant was represented by John Slovinski.

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(Grabscheid/Bloom, cont’d.)

Issues discussed: • Work protocols necessary for protecting the buffer and the trees within the buffer zone • Double strawbales • Mulching and ground cover plantings shall be done in consultation with staff • Protocol for periodic sediment-control inspections

A motion was made to approve the project with special conditions. Seconded and voted unanimously. IV CONTINUANCES Town of Barnstable/MEA. Essential off-road vehicle management for Sandy Neck Park, W. Barnstable as shown on Assessors Map 263 Parcel 001, (and others). SE3-4712 Town of Barnstable/MEA. Recreational off-road vehicle management for Sandy Neck Beach Park, Barnstable as shown on Assessors Map 263 Parcel 001, (and others). SE3-4713 The above projects were heard simultaneously. The applicant was represented by Nina Coleman, Park Manager. Issues discussed:

• Commissioner Blazis was not on the quorum • The terms and conditions of the NHESP with regard to the project were outlined. Certain former and new

allowances were prohibited by the agency • More recent facilitation of Marsh Trail travel via its opening and improvements • Deleting the condition regarding the expiration date of the Order. Deleting the Marsh Trail maintenance

allowances as contained in a separate Order of Conditions. Public Comment:

• Richard French complimented the cottage owners on their cooperative spirit as regards wildlife protection. A motion was made to approve the projects with special conditions incorporating NHESP findings. Seconded and voted unanimously. V CERTIFICATES OF COMPLIANCE (ez = staff recommends approval) (* = on-going conditions) A. Town of Barnstable/DPW SE3-3036 (coc,ez) reconstruct Mill Way Bridge B. Brandes SE3-4577 (coc,ez) modify existing pier * C. White SE3-4506 (coc,ez) raze & construct single-family dwelling * D. Gomes SE3-3859 (coc,ez) construct porch (not done) & kitchen

addition to single-family dwelling * E. Keyspan SE3-4139 (coc,ez) install gas main along Bog Road * A motion was made to approve all the above certificates (“A” – “E”) Seconded and voted unanimously.

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VI OLD & NEW BUSINESS A. Emergency permit Millway Marina Inc. collapse behind filled wharf (Old & New Business, cont’d.) A motion was made to approve the staff-issued emergency permit. Seconded and voted unanimously. B. DEP appeal taken on SE3-4709, Bergeron & Crowley pier Noted. C. MEPA onsite Rushy Marsh Pond restoration project; Thursday 4/10 10:00 a.m. Noted. D. Other None A motion was made to adjourn. Seconded and voted unanimously. The time was 8:17 p.m.

MN041508 1



DATE: April 15, 2008, 6:30 p.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 6:30 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 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 Town Councilor James Munafo introduced himself to the Commission as the new Conservation liaison. I MINUTES FOR APPROVAL A. April 1, 2008 A motion was made to approve the minutes. Seconded and voted unanimously. II REQUESTS FOR DETERMINATION G. Wade & Mary C. Staniar. Modifications to existing licensed pier to include replacing existing permitted 2’ x 12’ ramp and 5’ x 20’ float with 3’ x 4’ cantilevered platform, 3’ x 12’ ramp, and an 8’ x 16’ float at 236 Smoke Valley Rd., Osterville as shown on Assessors Map 097 Parcel 003. DA-08031 The applicant was represented by Peter Sullivan, P.E. Issues discussed:

• Definition of “substantial modification,” as found in pier regulations. A motion was made to issue a positive determination. Seconded and voted: 3 votes “aye;” 3 votes “nay.” Due to the vote, no action could be taken on the project. A motion was made to reconsider the previous vote. Seconded and voted unanimously.



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(Staniar, cont’d.) A motion was made to continue the hearing to May 13, 2008. Seconded and voted unanimously. C. William Carey. Modifications to existing licensed pier to include realignment of existing floats and piles; add four (4) new tie-off piles at 986 Sea View Ave., Osterville as shown on Assessors Map 091 Parcel 002. DA-08032 Via letter, a request for a continuance was submitted. A motion was made to continue the matter until April 29th . No testimony was taken. Barnstable Land Trust. Remove staghorn sumac which has invaded vegetation along Parker Pond; remove variety of invasive species established along stone wall, e.g., poison ivy, multiflora rose, barberry. Remove Norway Maple trees from open field at 50 & 100 East Bay Rd., Osterville as shown on Assessors Map 141 Parcels 106 and 107. DA-08038 The applicant was represented by Red Banfield. Issues discussed:

• Use of hand tools • Question of pulling roots • Maintenance clause to be added to the Determination • Work to be done in consultation with staff.

A motion was made to issue a negative determination. Seconded and voted unanimously. Martin Reasoner. Protect property from storm damage by removing several trees within 50 feet of Lake Wequaquet and grinding their stumps; mitigation planting of native shrubs within the 50-foot buffer at 38 Lakewood Dr., Centerville as shown on Assessors Map 212 Parcel 002. DA-08046 The applicant was represented by Ryan Jones. Issues discussed: None A motion was made to issue a negative determination, with the revision showing the planting of three native canopy trees and the removal of one tree (#2) in consultation with staff. Shrubs will also be installed, and the remainder of the trees may be pruned under standard vista pruning guidelines. Seconded and voted unanimously. Richard & Audrey Egan, Trs./The 72 Crosby Circle Realty Tr. Resurfacing of boat wash area with wash-water recycle system at 330 West Bay Rd., Osterville as shown on Assessors Map 116 Parcel 013. DA-08039 The applicant was represented by John O’Dea, E.I.T. and Peter Sullivan, P.E. Issues discussed: None A motion was made to issue a negative determination. Seconded and voted unanimously.

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Warren Foss. Move existing float, gangway, and float piles at 87 Main St., Osterville as shown on Assessors Map 185 Parcel 062. DA-08044 The applicant was represented by Gilmore Marine. Issues discussed:

• Waterway comments still need to be submitted • 32-foot Regulator with 2-foot draft • Permitted SE3-1853 (1991 Certificate of Compliance required 12-inches under boat)

A motion was made to issue a negative determination. Seconded and voted unanimously. Town of Barnstable/Growth Management Div. Parking improvements to small dirt parking area upland of salt marsh to include grading, addition of some gravel, and removal of brush around edges at 248 Navigation Rd., W. Barnstable as shown on Assessors Map 180 Parcel 009. DA-08027 The applicant was represented by Alisha Parker and Samantha Hayes. Issues discussed: None A motion was made to issue a negative determination. Seconded and voted unanimously. III NOTICES OF INTENT Hyannisport Club. Invasive plant management and control; vista and selective pruning; removal of vines choking trees; phragmites-control for golf course at 2 Irving Ave., Hyannisport, MA as shown on Assessors Map 266 Parcel 031. SE3-_____ The applicant was represented by Attorney Pat Butler, Steve Wilson, and Tom Colombo. Attorney Butler submitted a letter from MA Audubon in recognition of Hyannisport Club’s environmental excellence. A motion was made to approve the project with special conditions. Seconded and voted unanimously. Jane Thompson. Construct wooden bridge to provide vehicle access to residential lot owned by applicant. Bridge to be supported by timber piles to elevate bridge over scrub-shrub wetland. Work includes construction of pervious access driveway into lots at 203 and 205 Scudder Ln., and 58 Calves Pasture Ln, Barnstable as shown on Map 259 Parcels 007-001, -002, -004. SE3-4717 The applicant was represented by Attorney Pat Butler, Don Schall, and Mike Borselli. Issues discussed:

• The effects of shading on 1,400 sq. feet of wetland resource area • Other possible access points, such as Calves Pasture Road • The need for wetland delineation on abutting parcel T-3 • Re-examination of height of bridge • The use of metal grading for light penetration

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(Thompson, cont’d.) Public Comment:

• Bill Cook was opposed to the project • Ms. Thompson spoke in defense of the project

A motion was made to continue the project to April 29th. Seconded and voted unanimously. Elinor E. Svenson. Construct and maintain a boardwalk, pier, ramp and float at 265 Baxter’s Neck Rd., Marstons Mills as shown on Assessors Map 075 Parcel 010-001. SE3-4721 The applicant was represented by Attorney Mike Ford, John O’Dea, E.I.T., and Peter Sullivan, P.E. Issues discussed:

• Two waiver requests: “Section J” (whether Ells and J’s count towards length); “Section K,” as it relates to Waterways letter

Chairman Houle read a staff report issued by Tom Marcotti, Barnstable Shellfish Biologist, and Waterways. A motion was made to approve the project with special conditions:

• Pier to be shortened by 20 feet • Berthing layout for five (5) boats • Note on plan to indicate that no boat shall be allowed to be permanently berthed on the outside of the ell • A letter or note on plan stating that this is a waiver request • All power boats must meet 12-inch rule.

Seconded and voted unanimously. Susan Mykrantz. Pool with landscaping and associated appurtenances; mitigation plantings at 531 Main St., Osterville as shown on Assessors Map 141 Parcel 099. SE3-4720 The applicant was represented by Attorney Pat Butler, Peter Sullivan, P.E., and Don Schall. Issues discussed: None A motion was made to approve the project with special conditions: dingy will be removed from marsh. Seconded and voted unanimously. Mass. Audubon Society, Inc. Construct removable Salt Marsh Educational Boardwalk at Long Pasture Wildlife Sanctuary with associated low-profile signs at 347 Bone Hill Rd., Commaquid as shown on Assessors Map 337 Parcels 010-005 and 010-001. SE3-4722 The applicant was represented by Ian Ives and Dan Ojala. Issues discussed:

• Three-season boardwalk constructed with Thru-Flow decking A motion was made to approve the project with special conditions. Seconded and voted unanimously.

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IV CERTIFICATES OF COMPLIANCE (ez = staff recommends approval) (* = on-going conditions) A. Delaney (Holmes) SE3-2870 (coc,ez) construct single-family dwelling * B. TOB/ MEA SE3-4361 (coc,ez) replace herring run out outflow structure (not done) C. Fitzgerald SE3-4318 (coc,ez) raise roof & extend sunroom of sfd; vista pruning * D. Keyspan Energy SE3-4211 (coc,ez) install 2” gas main and two service connectors * E. TOB/ DPW SE3-1149 (coc,ez) reconstruct stormwater outfall pipe F. Mattison ART-0022 (coc,ez) maintain existing pier * G. Dranetz SE3-3325 (coc,ez) repair stone revetment H. TOB/ DPW SE3-1566 (coc,ez) replace bulkhead; remove tank; relocate floats A motion was made to approve all the certificates. Seconded and voted unanimously. V OLD & NEW BUSINESS A. Shooting Range Discussion EPO Officer Clayton and BPD Sgt. Damery attended the hearing. Officer Clayton had also submitted a letter of concern. Chairman Houle assured the officers that, until a second shooting range became available, the Commission was willing to allow them to continue practicing at the Town range. B. Rushy Marsh DEP appeal update The DEP decision was discussed. C. Sandy Neck Board Report, by Rich French Rich French informed the Commission of the cottage owners’ concerns that Natural Heritage remove the “30- minute” clause from the Order of Conditions. D. CPC Funding Commissioner Tom Lee reported that CPC funding will be available soon. Notice will be posted on the Town’s web site. A motion was made to adjourn. Seconded and voted unanimously. The time was 9:43 p.m.

MN042908 1



DATE: April 29, 2008, 6:30 p.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 6:30 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 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 MINUTES FOR APPROVAL A. April 15, 2008 A motion was made to approve the minutes of April 15th. Seconded and voted unanimously. II REQUESTS FOR DETERMINATION Silvia & Silvia Associates. Construct driveway, underground utilities and stone pillars approximately 140 feet away from the Marstons Mills River (previously approved under DA-05037) at 111 Prince Ave, Marstons Mills as shown on Assessors Map 076 Parcel 036. DA-08036 The applicant was represented by Steve Wilson, P.E. Issues discussed: None A motion was made to issue a negative determination. Seconded and voted unanimously. Town of Barnstable/DPW. Install sewer forcemain and new 5-foot sidewalk in Pleasant Street, along with pavement, curbing, and utility repair at Pleasant St., Hyannis as shown on Assessors Map (various) Parcel (various). DA-08043 The applicant was represented by Amy Ball and Justin Lameal. Commissioner Tom Lee recused himself, as he is employed by Horsley Witten. Issues discussed:

• Sidewalk removed from proposed project.



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(Town of Barnstable/DPW, cont’d.) A motion was made to issue a negative determination. Seconded and voted unanimously. Harold Gramse. Remove existing septic tank; abandon existing leach field. A complete septic system and associated piping to be installed. Areas disturbed will be restored with loam and seed at 98 Vanduzer Rd., Cummaquid as shown on Assessors Map 352 Parcel 061. DA-08040 The applicant was represented by Peter McEntee. Issues discussed: None A motion was made to issue a negative determination, subject to the receipt of a revised plan, and approval from the Board of Health. Seconded and voted unanimously. Ernest Bovi. Pump, fill, and abandon existing septic tank and pump chamber. Install new 1/A septic system at 14 Briarcliff Ln., Centerville as shown on Assessors Map 208 Parcel 105. DA-08041 The applicant was represented by Peter McEntee. Issues discussed:

• There will be no increase in the number of bedrooms. A motion was made to issue a negative determination. Seconded and voted unanimously. Joan & Whitney P. Wright. Install new gas and water lines for new residence at 4308 Main St., Cummaquid as shown on Assessors Map 351 Parcels 029. DA-08042 This matter was continued, as Mr. Wright failed to notify abutters in a timely fashion. A motion was made to continue the hearing to May 27th. Seconded and voted unanimously. No testimony was taken. Edward M. Crosby, Jr. Modifications to existing licensed float configuration to include replacement of an existing 13’ x 20’ float with a proposed 8’ x 20’ float and a 4.5’x 22’ float; relocate 2 piles and add 3 piles. There is no proposed increase in float area at 14 Indian Trail, Osterville as shown on Assessors Map 070 Parcel 009-005. DA-08045 The applicant was represented by John O’ Dea, E.I.T. Issues discussed:

• A lack of information on plan. A motion was made to issue a negative determination subject to the submission of a revised plan showing soundings measurements from bulkhead to pilings, and a note on plan stating that property owner will not increase current boat usage. Seconded and voted: 3 votes “Aye;” 1 vote “Nay.”

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(Crosby, cont’d.) Commissioner Sampou abstained. The Chair stated that the project would be approved under the Town ordinance, but not under the State. Mr. O’Dea requested a continuance in order to submit a revised plan. A motion was made to continue the hearing until May 13th. Seconded and voted unanimously. III NOTICES OF INTENT Town of Barnstable/DPW. Repair existing road, install drainage and replace/repair culvert at Elliott Rd., Centerville as shown on Assessors Map 248 Parcel 057-003. SE3-4728 The applicant was represented by Mark Dibb and Brian Celia. Issues discussed:

• Commissioner Lee requested drainage calculations. • Distance from groundwater at highest point, 6 – 7 feet.

A motion was made to approve the project with special conditions. Seconded and voted unanimously. Indian Point, Inc. Proposed maintenance dredging and placement of dredge material on a beneficial reuse area on the coastal beach at 8 Indian Trail, Osterville as shown on Assessors Map 091 Parcel 001. SE3-4724 The applicant was represented by John O’Dea, E.I.T. Issues discussed:

• Concern over exposed lead caps • Float stops should be added.

A motion was made to approve the project with special conditions, subject to receipt of a revised plan showing float stops, and plastic caps over lead caps. Seconded and voted unanimously. Jeffrey Robards. Remove existing concrete patio; replace with smaller elevated deck, construct 24’x 24’ second-story addition within existing footprint; mitigation plantings of Highbush blueberry and bayberry at 163 Seventh Ave., W. Hyannisport as shown on Assessors Map 245 Parcel 049. SE3-4725 The applicant was represented by David Flaherty. Issues discussed: None A motion was made to approve the project with special conditions. Seconded and voted unanimously. Arnold Johnson/Harry Johnson Tree Farm. Request that buffer be reduced to 25 feet in order to continue tree farm operations at 1440 Osterville-W. Barnstable Rd., Barnstable as shown on Assessors Map 127 Parcel 007. SE3-_____

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(Johnson, cont’d.) The applicant attended the hearing. Issues discussed:

• To allow waiver on abutting lot • Placing both lots under one deed

Public Comment:

• Kenny LaCasse was concerned with road run-off and clear-cutting • Kris Clark was pleased with agricultural use, but expressed concern with paved driveway.

A motion was made to approve the project, subject to receipt of a revised plan showing: 1) the use of pervious material for driveway section within Conservation jurisdiction, and; 2) placing both parcels under one deed. Seconded and voted unanimously. Town of Barnstable/MEA Division. Replace herring run outflow structure at Long Pond. New structure will allow regulation of water level, thus improving Town’s ability to manage fish-run at 125 Blantyre Ave. and 93 Holly Ln., Centerville as shown on Assessors Map 229 Parcels 108 and 015. SE3-4726 The applicant was represented by Doug Kalweit. Issues discussed: None A motion was made to approve the project with special conditions. Seconded and voted unanimously. IV CONTINUANCES C. William Carey. Modifications to existing licensed pier to include realignment of existing floats and piles; add four (4) new tie-off piles at 986 Sea View Ave., Osterville as shown on Assessors Map 091 Parcel 002. DA-08032 The applicant was represented by John O’Dea, E.I.T. Issues discussed:

• Waterways & Harbor Master had concern with two seaward pilings • Revised plan showed pilings removed and soundings • Float stops • Berthing boat bow-in • Need for lead caps

A motion was made to approve the project with special conditions, contingent upon receipt of a revised plan showing: 1) float stops on landward side of float; 2) boat may only be berthed bow-in; 3) lead caps must be covered. Seconded and voted unanimously. Jane Thompson. Construct wooden bridge to provide vehicle access to residential lot owned by applicant. Bridge to be supported by timber piles to elevate bridge over scrub-shrub wetland. Work includes construction of pervious access driveway into lots at 203 and 205 Scudder Ln., and 58 Calves Pasture Ln, Barnstable as shown on Map 259 Parcels 007-001, -002, -004. SE3-4717 A continuance was requested via letter. A motion was made to continue the project to May 13, 2008.

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(Thompson, cont’d.) Seconded and voted unanimously. V CERTIFICATES OF COMPLIANCE (ez = staff recommends approval) (* = on-going conditions) A. Salyapongse SE3-4433 (coc,ez) construct additions to single-family dwelling * B. Kandianis SE3-4696 (coc,ez) vista pruning; remove dead trees; plant shrubs * C. Gorbach SE3-0153 (coc,ez) construct single-family dwelling D. Sroczenski SE3-4590 (coc,ez) raze & construct single-family dwelling * A motion was made to approve all of the certificates (“A” – “D”). Seconded and voted unanimously. VI OLD & NEW BUSINESS A. Other None A motion was made to adjourn. Seconded and voted unanimously. The time was 8:20 p.m.

MN051308 1



DATE: May 13, 2008, 6:30 p.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 6:30 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 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 MINUTES FOR APPROVAL A. April 22, 2008 B. April 29, 2008 A motion was made to approve the minutes (“A” and “B”). Seconded and voted unanimously. II REQUESTS FOR DETERMINATION Carlton Neuben. Permit existing screened-in patio, walkway, retaining wall and associated landscaping; re-grade path, seed lawn at 174 Lakeside Dr., Marstons Mills as shown on Assessors Map 102 Parcel 023. DA-08051 The applicant was represented by Scott Laurie. Issues discussed:

• Additional shrubs on the slope in the area marked “re-graded slope” on the plan, along the edge; • Number of dry wells.

A motion was made to issue a negative determination, subject to receipt of a revised plan showing all existing dry wells, and a special condition with regard to placement of additional shrubs. Seconded and voted unanimously. Steven Mele. Replace in-ground timber steps with free-standing stairs; increase deck walkway width at 56 Lakeview Dr., Centerville as shown on Assessors Map 214 Parcel 048. DA-08047 The applicant attended the hearing.



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(Mele, cont’d.) Issues discussed:

• Reducing the scope of the project – not planning on removing the timber steps. A motion was made to issue a negative determination, subject to receipt of revised plan showing reduced scope of work. Seconded and voted unanimously. Harold N. Scherer, Jr. Maintenance work on existing landscape wall which has extensive rot and deterioration, using same footprint of existing wall, and maintain present dimensions at 467 Bay Ln., Centerville as shown on Assessors Map 187 Parcel 003-006. DA-08048 The applicant attended the hearing. Issues discussed: None A motion was made to issue a negative determination. Seconded and voted unanimously. Francis D. & Mary E. McShea. Construct a 16’ x 17’ screened-in porch on existing patio cement pad at 160 Horseshoe Ln., Centerville as shown on Assessors Map 207 Parcel 129. DA-08052 The applicant attended the hearing. Issues discussed:

• Mowing into the wetland since 1976 A motion was made to issue a negative determination with the condition that the applicant will work with staff to develop a line of demarcation to reduce the amount of mowing into the wetland. Seconded and voted unanimously. William Gordon. Construct farmer’s porch/deck at 62 Point of Pines Ave., Centerville as shown on Assessors Map 210 Parcel 106. DA-08049 The applicant attended the hearing. Issues discussed:

• Pipe in sand observed • Type of system for roof run-off and any new outdoor shower

A motion was made to issue a negative determination, subject to the submission of a revised plan showing a dry well or approved system for roof run-off, and a note stating that the existing pipe will be removed. Seconded and voted unanimously. III NOTICES OF INTENT Ivan Bereznicki/Meadow Lark Bay Nominee Trust. Removal/Control of nuisance (invasive) vegetation at 64 & 82 Bay St., Osterville as shown on Assessors Map 117 Parcel 031. SE3-4730 The applicant attended the hearing, as well as Jeff Taylor. Issues discussed: None

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(Bereznicki, cont’d.) A motion was made to approve the project with special conditions. Seconded and voted unanimously. J. Brian O’Neill. Replace existing pool and Patio at 85 Ocean Ave., Hyannis Port as shown on Assessors Map 305 Parcel 003. SE3-4727 The applicant was represented by Stephen Wilson, P.E. Issues discussed: None A motion was made to approve the project with special conditions. Seconded and voted unanimously. Nicholas Argy, Tr., 98 Pinquickset Cove Circle R. T. Construct addition to existing house; construct pool; landscaping; construct boardwalk over salt marsh at 98 Pinquickset Cove Circle, Cotuit as shown on Assessors Map 005 Parcel 066. SE3-4729 The applicant was represented by Stephen Wilson, P.E. Issues discussed:

• Height of boardwalk above marsh and decking • Number of bedrooms and septic • Construction of garage in flood zone • Elevation plans missing • Allowance for construction of work limit (less than in area of addition)

A motion was made to approve the project with special conditions. Seconded and voted unanimously. Pauline Riley. Remove existing concrete retaining wall, patio brick deck area and remnant stone wall; construct new concrete retaining wall; create deck area of dry laid bluestone or brick at 129 Hayes Rd., Centerville as shown on Assessors Map 210 Parcel 095. SE3-4731 The applicant was represented by John O’Dea, E.I.T. Issues discussed:

• Possible mitigation • Saving old stone wall • Possible slope wall with plantings

A motion was made to continue the project to June 10th. Seconded and voted unanimously. No testimony was taken. IV CONTINUANCES G. Wade & Mary C. Staniar. Modifications to existing licensed pier to include replacing existing permitted 2’ x 12’ ramp and 5’ x 20’ float with 3’ x 4’ cantilevered platform, 3’ x 12’ ramp, and an 8’ x 16’ float at 236 Smoke Valley Rd., Osterville as shown on Assessors Map 097 Parcel 003. DA-08031

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(Staniar, cont’d.) The applicant was represented by John O’Dea, E.I.T. Issues discussed:

• Staff confirmed that the Twelve-inch Rule was covered under a previous dredging project A motion was made to approve the project under a (negative) Request for Determination. Seconded and voted unanimously. Edward M. Crosby, Jr. Modifications to existing licensed float configuration to include replacement of an existing 13’ x 20’ float with a proposed 8’ x 20’ float and a 4.5’x 22’ float; relocate 2 piles and add 3 piles. There is no proposed increase in float area at 14 Indian Trail, Osterville as shown on Assessors Map 070 Parcel 009-005. DA-08045 The applicant was represented by John O’Dea, E.I.T. Issues discussed:

• Plan was submitted showing: o depths and distance scaled between new piles and bulkhead – 16 feet; o use would remain unchanged o floats actively being used as working dock for boat yard.

The Commission noted that this dock was a special case. A motion was made to approve the project under a (negative) Request for Determination. Seconded and voted unanimously. Jane Thompson. Construct wooden bridge to provide vehicle access to residential lot owned by applicant. Bridge to be supported by timber piles to elevate bridge over scrub-shrub wetland. Work includes construction of pervious access driveway into lots at 203 and 205 Scudder Ln., and 58 Calves Pasture Ln, Barnstable as shown on Map 259 Parcels 007-001, -002, -004. SE3-4717 A continuance was requested via letter. A motion was made to continue the project to June 10th. Seconded and voted unanimously. No testimony was taken. V CERTIFICATES OF COMPLIANCE (ez = staff recommends approval) (* = on-going conditions) A. Burkhead SE3-3883 (coc,ez) construct garage (not done) & addition to single-family dwelling B. Doe SE3-4208 (coc,ez) permit existing jet skis lifts * C. TOB/DPW SE3-2855 (coc,ez) maintain bulkhead; dredging; replace piers * D. Asiaf SE3-3584 (coc,ez) permit float & ramp to existing dock * A motion was made to approve all of the certificates (“A – D”). Seconded and voted unanimously.

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VI OLD & NEW BUSINESS A. Proposed Baker Property CR: Barnstable Land Trust to ConCom A motion was made to approve the holding of a conservation restriction by the Conservation Commission. B. Americorp Request to Camp Out Approved C. Cape Cod Cranberry Growers’ Association workshop June 4, 2008 Noted D. Other – None A motion was made to adjourn. Seconded and voted unanimously. The time was 8:19 p.m.

MN052708 1



DATE: May 27, 2008, 6:30 p.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 6:30 p.m. by Chairman Dennis R. Houle. Also attending were Vice-Chairman John Abodeely and Commissioners Peter Sampou, Larry Morin, Tom Lee, and Louise Foster. Commissioner Scott Blazis 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 MINUTES FOR APPROVAL A. May 13, 2008 A motion was made to approve the minutes of May 13th, 2008. Seconded and voted unanimously. II REQUESTS FOR DETERMINATION Lydia H. O’Connor. Vista pruning at 11 Heath Row, Marstons Mills as shown on Assessors Map 063 Parcel 075. DA-08050 The applicant was represented by Charles Atkins. Issues discussed: None A motion was made to issue a negative determination. Seconded and voted unanimously. Paul R. Botello. Install two tie-off piles at 134 Bay Shore Rd., Hyannis as shown on Assessors Map 325 Parcel 081. DA-08053 The applicant was present, and was represented by Peter Sullivan, P.E. Issues discussed:

• Waterways Committee requires additional time to review the application. A motion was made to issue a negative determination, contingent upon approval by Waterways. Seconded and voted unanimously.



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(RDA’s, cont’d.) Charles F. Curran. Build front entry hall to existing house at front door location. New space to be 6’ x 12’ at 235 Bridge St., Osterville as shown on Assessors Map 093 Parcel 040-001. DA-08054 The applicant was represented by Craig Rockwood. Issues discussed: None A motion was made to issue a negative determination. Seconded and voted unanimously. Carlozzi Landscaping. Reconstruct existing decks, patio, retaining walls, steps and walkway; replace pre-existing fence sections; landscaping, at 326 Holly Point Rd., Centerville as shown on Assessors Map 232 Parcel 027. DA-08056 The applicant was represented by Lynne Hamlyn. Issues discussed:

• Landscaper listed as applicant on application, rather than property owner. A motion was made to issue a negative determination. Seconded and voted unanimously. William Korkuch. Remove and replace existing garden shed at 115 Commerce Rd., Barnstable as shown on Assessors Map 318 Parcel 017. DA-08055 The applicant attended the hearing. Issues discussed:

• Commissioners noted that the property needed to be cleaned up • No fuels should be stored in the shed.

A motion was made to issue a negative determination. Seconded and voted unanimously. III NOTICES OF INTENT Red Lily Pond Project Assoc., Inc. Removal of invasive plant species, pruning, and planting of native vegetation at 160 Lake Elizabeth Dr., Centerville as shown on Assessors Map 226 Parcel 137. SE3-4732 Steve Brown of Red Lily Pond Association, attended the hearing and was represented by Brad Holmes and Norm Hayes. Issues discussed:

• Additonal shrub planting in area #2 • Enforcement order with regard to gates • All work to be supervised by a Massachusetts Certified Arborist, or the equivalent.


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(Notices of Intent, cont’d.) Melvin Field. Reconstruct existing dock and deck, including pilings; repair house foundation, and shore-up floor at 158 Long Beach Rd., Centerville as shown on Assessors Map 205 Parcel 009. SE3-4733 The applicant was represented by Steve Wilson, P.E. Issues discussed:

• Whether allowed to continue under DCPC moratorium; reviewed by Growth Management Division • Construction protocol needed • Drip-strips for roof run-off • Work to be done off-season.

Public Comment:

• Mr. Charles Orr expressed concern about storing items on the beach, and the timing of the project. A motion was made to approve the project with special conditions. Seconded and voted unanimously. Francis William & Tamara Lickfield, Jr. Construct new screened porch onto existing single-family dwelling, and replace approx. 300+ sq. ft. of existing lawn with native plants within the 50-foot buffer as mitigation at 137 Keveney Ln., Cummaquid as shown on Assessors Map 351 Parcel 019. SE3-4734 The applicant was represented by Lisa Hendrickson. Issues discussed:

• Roof run-off A motion was made to approve the project with special conditions. Seconded and voted unanimously. Robert Bothwell. Modification of existing stairway, pier and float for the installation of two benches, a 6-ft. canoe/kayak rack, a small hand-cranked boat lift, the enlargement of the existing float from 8’ x 12’ to 10’ x 20’, and the relocation of two existing 8” timber piles at 252 Clamshell Cove Rd., Cotuit as shown on Assessors Map 005 Parcel 004. SE3-____ The applicant was represented by Ed Pesce, P.E. Issues discussed:

• Boat davit is used for sailboat • Comments by Waterways Committee still required • Bathometry data from 2007 plan should be shown on latest plan.

A motion was made to continue the hearing to July 8, 2008 to further discuss the following issues:

• Review of bathometry and closest mooring to dock • Use of pilings around float and installing float stops • Whether furthest pilings away from dock are necessary • Removal of boat lift • Removal of bench on ell • Possibly restricting boat use to nothing larger than the 35-foot cabo • Height of kayak rack above marsh.

A motion was made to continue the project to July 8, 2008.

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(Bothwell, cont’d.) Seconded and voted unanimously. Mark & Carol Baker. Construct new pier and ramp at 522 Shootflying Hill Rd., Centerville as shown on Assessors Map 193 Parcel 028. SE3-____ The applicant was represented by Ed Pesce, P.E. Issues discussed:

• Subject to review by Waterways Committee • Dock in 50-foot buffer prior to approval.

A motion was made to approve the project with special conditions. Seconded and voted unanimously. Gretchen Reilly. To restore the native plant community within the edge of Rushy Marsh Pond within the bordering vegetated wetland and the 100’ buffer zone at 60 & 100 Oregon Way, Cotuit as shown on Assessors Map 16 Parcels 011 and 012. SE3-____ The applicant was represented by Seth Wilkinson. Issues discussed:

• Mr. Wilkinson described a new piece of equipment which he designed for phragmites removal • The Commission favorably impressed with the project outline.

A motion was made to approve the project with special conditions. Seconded and voted unanimously. IV CONTINUANCES Joan & Whitney P. Wright. Install new gas and water lines for new residence at 4308 Main St., Cummaquid as shown on Assessors Map 351 Parcels 029. DA-08042 The applicant attended the hearing. Issues discussed: None A motion was made to issue a negative determination. Seconded and voted unanimously. V CERTIFICATES OF COMPLIANCE (ez = staff recommends approval) (* = on-going conditions) None VI OLD & NEW BUSINESS A. Mullin Rule A motion was made to request that the Conservation Commission be included in the Mullin Rule. Seconded and voted unanimously.

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(Old & New Business, cont’d.) B. Coastal Resource Management Committee Chairman Houle stated that he attended the first meeting. C. Meeting with Legal Division about the term “substantial expansion” The Legal Division expressed the opinion that the term in question is not quantifiable; rather, it is based upon a preponderance of evidence. It was decided that a workshop should be set-up to further discuss the matter. D. Request from the Shellfish Committee for timely notice of filings of RDA’s and NOI’s. The Chair said he would notify the Conservation Division that the Shellfish and Waterways Committees should be added to the e-mail list of agents/consultants who receive timely Conservation Commission agendas. E. E-mail about Shooting Range An e-mail was received concerning after-hours use of range. A motion was made to adjourn. Seconded and voted unanimously. The time was 9:05 p.m.

MN061008 1



DATE: June 10, 2008 6:30 p.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 6:30 p.m. by Chairman Dennis R. Houle. Also attending were Vice-Chairman John Abodeely and Commissioners Peter Sampou, Scott Blazis, and Larry Morin. Tom Lee, and Louise Foster were away. Rob Gatewood, Conservation Administrator, assisted. The meeting was held in the Hearing Room, Barnstable Town Hall, Hyannis, MA. I MINUTES FOR APPROVAL A. May 20, 2008 B. May 27, 2008 A motion was made to approve the minutes (“A” and “B”). Seconded and voted unanimously. II REQUESTS FOR DETERMINATION Mike & Susan Slattery. Prune overhanging limbs toward house; remove dead, dying or diseased trees; install fence, gate and garden ties around walkway at 628 Poponessett Rd., Cotuit as shown on Assessors Map 006 Parcel 019. DA-08057 The applicant was represented by Daniel Shea. Issues discussed:

• It was thought that there were too many oak trees to be removed A motion was made to issue a negative determination. Seconded and voted unanimously. Town of Barnstable/Growth Management Div. Create pathway connecting Ocean and Pleasant Streets; plant six red maples; install cedar fencing at 115 Pleasant St., Hyannis as shown on Assessors Map 326 Parcel 058. DA-08058 The applicant was represented by Alisha Parker.



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(Town of Barnstable/GMD, cont’d.) Issues discussed:

• No asphalt unless leaching provided A motion was made to issue a negative determination. Seconded and voted unanimously. The 112 Nye’s Neck Road Trust. Upgrade existing septic system to Title V; relocate well at 112 Nye’s Neck Rd. East, Centerville as shown on Assessors Map 232 Parcel 011-002. DA-08062 The applicant was represented by Michael Aucoin. Issues discussed:

• None A motion was made to issue a negative determination. Seconded and voted unanimously. James H. Eldredge. Remove existing wooden dock; install floating 5’ x 10’ “EZ Dock” with ramp from shore (± 4’) at 21 Pleasant Pines Ave., Centerville as shown on Assessors Map 223 Parcel 050-001. DA-08059 The applicant attended the hearing. Issues discussed:

• None A motion was made to issue a negative determination. Seconded and voted unanimously. Harbor Village Condominium Association. Push back growth and de-limb trees to obtain historical views; clear rotted trees from property and beach path at 160 Marstons Ave., Hyannisport as shown on Assessors Map 288 Parcel 180-00T. DA-08060 The applicant was represented by Doug Brown. Issues discussed:

• “Historic view” restoration • Staff must authorize in field prior to work • Revised plan to be submitted.

A motion was made to issue a negative determination. Seconded and voted unanimously. Robert R. and Rita R. Jones. Construct new Title 5 septic system to replace two failed cesspools at rear of property at 42 Briarcliff Ln., Centerville as shown on Assessors Map 208 Parcel 108. DA-08061 The applicant attended the hearing. Issues discussed:

• More recent clipping and slash to be removed. A motion was made to issue a negative determination.

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(Jones, cont’d.) Seconded and voted unanimously. III NOTICES OF INTENT Robert Mohr. Raze and replace single family home; add detached garage with guest bedroom above; upgrade septic system at 158 Indian Trail, Cummaquid as shown on Assessors Map 336 Parcel 013-005 SE-4738 The applicant was represented by Andrew Garulay, RLA Issues discussed:

• House area will double within the 100-ft. buffer. • Revised plan.

Public Comment:

• Albert Barbour raised concern about coastal bank delineation, and about past cutting into the 50-foot buffer; no north side elevation provided; number of mature trees to be removed.

• Janet Edwards, abutter, also expressed concern for the trees. • Steve Endress, abutter, asked if septic variances were required.

Mr. Garulay responded to the concerns expressed above. Staff concurred with the bank delineation. A motion was made to approve the project with special conditions. Seconded and voted unanimously. Longfields LLC. Construct and maintain bank-access stairs, walkway, and pier with platform at 288 Clamshell Cove Rd., Cotuit as shown on Assessors Map 005-001. SE3-4739 The applicant was represented by Arlene Wilson. Issues discussed:

• Proposed as a dinghy dock; no motorcraft use proposed. • Desires to keep grated deck over marsh deployed year-round • 8-inch piles proposed for clearing the marsh; thereafter, 4" x 4" • Storage of pier components out of season in upland or off-site, if not on grated deck • Memo from Town shellfish biologist reflecting lack of shellfish productivity/recruitment • Request from mooring officer to survey mooring locations and stand by for his comments

Pubic Comment:

• Gerard Garey, representing the Shellfish Committee, opposed the project, as the site is considered a “category 9” shellfish area

• Andrea Sampou of the Shellfish Committee, took aim at Mr. Marcotti’s findings. He suggested that the Town can rejuvenate silty areas. He expressed grave concern about staff’s ability to enforce the Commission’s Orders of Conditions. He asked the Commission to “act vigorously,” as the LCP states, to protect our shellfish resources.

A motion was made to approve the project with special conditions. Seconded and voted unanimously. IV CONTINUANCES Pauline Riley. Remove existing concrete retaining wall, patio brick deck area and remnant stone wall; construct new concrete retaining wall; create deck area of dry laid bluestone or brick at 129 Hayes Rd., Centerville as shown on Assessors Map 210 Parcel 095. SE3-4731

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(Riley, cont’d.) A request for a continuance was made, via letter. A motion was made to continue the project to June 24th. Seconded and voted unanimously. No testimony was taken. Jane Thompson. Construct wooden bridge to provide vehicle access to residential lot owned by applicant. Bridge to be supported by timber piles to elevate bridge over scrub-shrub wetland. Work includes construction of pervious access driveway into lots at 203 and 205 Scudder Ln., and 58 Calves Pasture Ln, Barnstable as shown on Map 259 Parcels 007-001, -002, -004. SE3-4717 The applicant was represented by Attorney Pat Butler. A motion was made to continue the project to July 8th. Seconded and voted unanimously. No testimony was taken. Michael A. & Laurie A. Paternoster, Jr. Bluestone patio area with associated drainage and landscaping improvements (rebuild stockade fence and enhance plantings) at 292 Long Beach Rd., Centerville as shown on Assessors Map 185 Parcel 025. SE3-4707 A request for a continuance was made, via letter. A motion was made to continue the project to September 30th. Seconded and voted unanimously. To testimony was taken. Byron & Joyce Haseotes. Site preparation, remove buried oil tank; abandon existing cesspool; construct 4-bedroom house addition (elevated/set on piers); construct new Title-5 septic system; grading at 293 Long Beach Rd., Centerville as shown on Assessors Map 185 Parcel 034. SE3-4714 A request for a continuance was made, via letter. A motion was made to continue the project to September 30th. Seconded and voted unanimously. No testimony was taken. V REQUEST FOR AMENDED ORDER Town of Barnstable/MEA. The Town of Barnstable is requesting an amended Order of Conditions SE3-4712 for the essential off-road vehicle management at Sandy Neck Park, W. Barnstable as shown on Assessors Map 263 Parcel 001, (and others). The matter was withdrawn.

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VI CERTIFICATES OF COMPLIANCE (ez = staff recommends approval) (* = on-going conditions) A. Duffley SE3-1861 (coc,ez) construct swimming pool & retaining wall * B. McDonald SE3-4358 (coc,ez) construct single-family dwelling * C. Mellon SE3-3116 (coc,ez) construct single-family dwelling * A motion was made to approve the certificates of compliance (“A – C”). Seconded and voted unanimously. VII OLD & NEW BUSINESS A. Hoch SE3-4538 additions; porches treat poison ivy Lucinda Brockway represented the applicant. A motion was made to approve the removal of poison ivy in consultation with staff, and to reduce the 6-foot-wide buffer strip to 3 feet, and to fill sparse areas of bank with indigenous plants. All planting subject to receipt and approval of a revised plan; all plantings to be done in consultation with staff. Seconded and voted unanimously. A motion was made to adjourn. Seconded and voted unanimously. The time was 9:18 p.m.

mn061808workshop

1


MINUTES – CONSERVATION COMMISSION WORKSHOP

DATE: June 18, 2008, 6:00 p.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 6:13 p.m. by Chairman Dennis R. Houle. In attendance were Vice-Chairman John Abodeely and Commissioners Larry Morin, Tom Lee, and Louise Foster. Peter Sampou and Scott Blazis were away. Also attending the meeting were Town Attorney Ruth Weil and 1st Assistant T. David Houghton. Staff members Rob Gatewood, Conservation Administrator, Darcy Karle, Conservation Agent, and Fred Stepanis, Conservation Assistant, were on hand to assist. The meeting was held in the Selectmen’s Conference Room, Barnstable Town Hall, Hyannis, MA. I OPENING OF MEETING A motion was made to enter executive session to discuss pending litigation, and to return to public session to discuss old and new business at the conclusion of the meeting. Seconded and voted by roll call: Houle – Aye Abodeely – Aye Morin – Aye Lee – Aye Foster – Aye II RETURN TO PUBLIC MEETING 7:31 p.m. III OLD AND NEW BUSINESS A. At 7:31 p.m. the Commission returned to public session to discuss “substantial expansion,” under its pier regulations. Attorney T. David Houghton suggested that it is a matter of details – paying attention to details, e.g., asking applicants for needed details when lacking them. A mathematical formula does not exist. The fact that a tie-off piling might enable the berthing of a larger boat is not a legitimate reason to deny it. Focusing on a particular application and/or a particular site is the best approach, according to Vice-Chairman John Abodeely. B. The latest Open Meeting Law Guidelines were distributed by the Town Attorney.



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2

C. Summaries on Ethics Commission laws for Conservation Commission members were distributed.

A motion was made to adjourn. Seconded and voted unanimously. The time was 8:04 p.m.

MN062408 1



DATE: June 24, 2008 6:30 p.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 6:32 p.m. by Chairman Dennis Houle. Also attending were Commissioners Scott Blazis, Larry Morin, Tom Lee, and Louise Foster. Vice-Chairman John Abodeely and Commissioner Peter Sampou were away. Fred Stepanis, Conservation Assistant, assisted. The meeting was held in the Hearing Room, Barnstable Town Hall, Hyannis, MA. I MINUTES FOR APPROVAL A. June 10, 2008 A motion was made to approve the minutes. Seconded and voted unanimously. II REQUESTS FOR DETERMINATION Bartlett Tree Experts. Cut invasive gray willow trees to 6-12 inch stumps. Work to be done from water side; all debris to be removed from site via raft over water for proper disposal. Each stump to be painted with Glyphosate (Rodeo) using paint brush to suppress new sprouts and kill roots; one follow-up treatment may be applied to help further limit new sprouts. Work to be done along shorelines of Hamblin Pond, Middle Pond, and Mystic Lake, Marstons Mills as shown on Assessors Map (various) Parcel (various). DA-08064 The applicant was represented by Steve Heywood. Issues discussed:

• Emory Anderson of Indian Ponds Association, spoke in favor of the project. A motion was made to issue a negative determination. Seconded and voted unanimously. Richard Buffington. Additions to existing single-family dwelling: 12’ x 14’ dining room and 24’ x 24’ garage at 170 Old King’s Rd., Cotuit as shown on Assessors Map 022 Parcel 090. DA-08063 The applicant attended the hearing.



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No concerns arose. A motion was made to issue a negative determination. Seconded and voted unanimously. III NOTICES OF INTENT Steve Crummey and Richard Kniss. Remove phragmites using a method to retard growth from front of properties located at 1036 Main St. and 7 Ocean View Ave., Cotuit as shown on Assessors Map 034 Parcels 039 & 040. SE3-____ The applicant was represented by Seth Wilkinson. Issues discussed:

• A report to be submitted to the Conservation Commission following the work. A motion was made to approve the project with special conditions. Seconded and voted unanimously. Ellen Valentgas. Demolish existing dwelling and remove paved drive; construct new single family home with gravel driveway, patio, landscaping, utilities, and all associated appurtenances at 8 Leonard Drive, Osterville as shown on Assessors Map 114 Parcel 025. BCC-0188 The applicant was represented by John O’Dea, E.I.T. and Peter Sullivan, P.E. No concerns arose. A motion was made to approve the project with special conditions. Seconded and voted unanimously. Joseph & Susan DeMartino. Demolish existing house and construct new single-family-home with pool, spa, pati, landscaping, utilities, and all associated appurtenances at 138 Lakeview Dr., Centerville as shown on Assessors Map 214 Parcels 043W00 & 043T00. SE3____ The applicant was represented by John O’Dea, E.I.T. and Peter Sullivan, P.E. No concerns arose. A motion was made to approve the project with special conditions. Seconded and voted unanimously. Abraham Dranetz. To permit and maintain existing stairs/landing over stone revetment and stone groin at 299 Sea View Ave., Osterville as shown on Assessors Map 138 Parcel 021. SE3____ The applicant was represented by John O’Dea, E.I.T. and Peter Sullivan, P.E. No concerns arose. A motion was made to approve the project with special conditions. Seconded and voted unanimously.

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IV CONTINUANCES Pauline Riley. Remove existing concrete retaining wall, patio brick deck area and remnant stone wall; construct new concrete retaining wall; create deck area of dry laid bluestone or brick at 129 Hayes Rd., Centerville as shown on Assessors Map 210 Parcel 095. SE3-4731 The applicant was represented by John O’Dea, E.I.T. and Peter Sullivan, P.E. Issues discussed:

• A revised plan must be submitted, showing construction of wall • Plan to show amount of mitigation, including construction protocol.

A motion was made to approve the project with special conditions. Seconded and voted unanimously. V CERTIFICATES OF COMPLIANCE (ez = staff recommends approval) (* = on-going conditions) A. Crowley SE3-4334 (coc,ez) construct addition; upgrade septic * B. Fulham SE3-1357 (coc,ez) replace bulkhead C. TOB/DPW SE3-2799 (coc,ez) improve drainage discharge from road into river A motion was made to approve all the certificates. Seconded and voted unanimously. VI OLD & NEW BUSINESS A. None A motion was made to adjourn. Seconded and voted unanimously. The time was 7:26 p.m.

MN070808 1



DATE: July 8, 2008 6:30 p.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 6:31 p.m. by Chairman Dennis Houle. Also attending were Vice-Chairman John Abodeely and Commissioners Peter Sampou, Larry Morin (arrived at 7:20 p.m.), Tom Lee, and Louise Foster. Commissioner Scott Blazis was away. Rob Gatewood, Conservation Administrator, assisted. The meeting was held in the Hearing Room, Barnstable Town hall, Hyannis, MA. I MINUTES FOR APPROVAL A. June 17, 2008 B. June 18, 2008 (Workshop) C. June 18, 2008 (Executive Session) A motion was made to approve the minutes (“A – C”). Seconded and voted unanimously. II REQUESTS FOR DETERMINATION Robert W. & Mary L. Miller. Construct single-family dwelling with attached 2-car garage on existing foundation; septic system already in place and approved by Board of Health; plan for future pool at 28 Kalmia Way, Centerville as shown on Assessors Map 188 Parcel 049-001. DA-08066 The applicant was represented by Joe McGrady. Issues discussed:

• Permanent marking of work limit line. A motion was made to issue a negative determination. Seconded and voted unanimously. Denise G. Swan. Requesting confirmation of delineation of fresh water wetland and town-defined coastal bank at 170 Grand Island Dr., Oyster Harbors as shown on Assessors Map 053 Parcel 012-001. DA-08065 The applicant did not attend the hearing.



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(Swan, cont’d.) A motion was made to invoke Chapter 708 (Regulations for Hiring Outside Consultants), and to retain a botanist for the Commission’s review, to be paid for by the applicant. A motion was made to continue the hearing at the request of the applicant to August 5th. Seconded and voted unanimously. III NOTICES OF INTENT Taylor Joyce. Raze existing house and construct new single-family dwelling; add bedroom to existing carriage house at 100 Oregon Way, Cotuit as shown on Assessors Map 016 Parcel 012. SE3-4744 The applicant was represented by John Slavinski. Issues discussed:

• Rain gardens were proposed to capture run-off • Pre-construction meeting with contractors • Reporting back on a regular basis on road conditions • Prioritizing road mitigation, if necessary • Pre-construction photographs • Reporting back on rain gardens prior to the request/issuance of a certificate of compliance.

Public Comment:

• Dale Bragdon, abutter, asked to be kept informed of any pre-construction meeting • Martha Bragdon expressed concern for the road.

A motion was made to approve the project with special conditions. Seconded and voted unanimously. Pamela C. Christodoulo. Additions to existing dwelling, including patio, driveway modifications, planting mitigation, new sewage disposal system, and associated utilities at 271 Pleasant Pines Ave., Centerville as shown on Assessors Map 214 Parcel 041-002. SE3-4748 The applicant was represented by John Schneible. Issues discussed:

• Approximately 270 sq. ft. of new driveway within the 50-foot buffer zone, and approximately 1,460 sq. ft. of planting within the 50-foot buffer

• No tree loss is anticipated; some trimming is proposed to accommodate second-floor additions • A drip-irrigation septic system • Drywells or gravel trenches for roof runoff • Consultation on landscape plan.

A motion was made to approve the project with special conditions. Seconded and voted unanimously. John & Margaret Tuten. Pave existing driveway and construct drainage system at 35 Hyannis Ave., Hyannisport as shown on Assessors Map 287 Parcel 112. SE3-4745 The applicant was represented by Steven Wilson, P.E. Issues discussed: No concerns arose

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(Tuten, cont’d.) A motion was made to approve the project with special conditions. Seconded and voted unanimously. William F. Griffin, Tr./New Rushy Marsh Realty Trust. Reconstruct pre-existing beach cabana at 1524 Main St., Cotuit as shown on Assessors Map 017 Parcel 014. SE3-4747 The applicant was represented by Attorney David McSweeney and Jeff Johnson. Issues discussed:

• Filing resulted from enforcement action for construction (actually re-construction) with no prior permit • Citing a finding which leaves the confirmation of resource areas to another day.

A motion was made to approve the project with special conditions. Seconded and voted unanimously. Peter Menounos. Replace existing pier, ramp and float with new pier, ramp, float, beach access stair and water access ramp; remove lower section of bank access stairs; revegetate at 176 Clamshell Cove Rd., Cotuit as shown on Assessors Map 005 Parcel 031. SE3- ____ The applicant was represented by Arlene Wilson. A motion was made to continue the project to August 5th. Seconded and voted unanimously. IV CONTINUANCES Robert Bothwell. Modification of existing stairway, pier and float for the installation of two benches, a 6-ft. canoe/kayak rack, a small hand-cranked boat lift, the enlargement of the existing float from 8’ x 12’ to 10’ x 20’, and the relocation of two existing 8” timber piles at 252 Clamshell Cove Rd., Cotuit as shown on Assessors Map 005 Parcel 004. SE3-4740 The applicant was represented by Arlene Wilson and Attorney Walter Sullivan. Issues discussed:

• A revised plan was submitted with up-dated bathymetry • A new boat was proposed for use at the pier – one purportedly with a more shallow draft • A proposal to keep the sailboat gunwale no higher than deck of pier when on the boat lift • A proposal to forego the use of the pier when less than 12: water is available under the boat • Concern for adding amenities, e.g., a boat lift or a resting area to piers • The need to verify.

A motion was made to continue the hearing to July 22nd. Seconded and voted unanimously. Jane Thompson. Construct wooden bridge to provide vehicle access to residential lot owned by applicant. Bridge to be supported by timber piles to elevate bridge over scrub-shrub wetland. Work includes construction of pervious access driveway into lots at 203 and 205 Scudder Ln., and 58 Calves Pasture Ln., Barnstable as shown on Map 259 Parcels 007-001, -002, -004. SE3-4717 Via letter, a request for a continuance was made.

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(Thompson, cont’d.) A motion was made to continue the project to August 19th. Seconded and voted unanimously. No testimony was taken. V CERTIFICATES OF COMPLIANCE (ez = staff recommends approval) (* = on-going conditions) A. Wallin SE3-4621 (coc,ez) construct dinghy dock * A motion was made to approve the certificate. Seconded and voted unanimously. VI REQUEST FOR AMENDED ORDER Town of Barnstable/MEA. The Town of Barnstable is requesting an amended Order of Conditions SE3-4712 for the essential off-road vehicle management at Sandy Neck Park, W. Barnstable as shown on Assessors Map 263 Parcel 001, (and others). The matter was withdrawn. VII OLD & NEW BUSINESS A. Discussion of Article 1 interest in Map 308.273.001 Assistant Town Attorney, Charlie McLaughlin, sought agreement with the Commission that parcel 308-273-001 should be designated for affordable housing. A motion was made to decline interest in the property under Article 1. Seconded and voted unanimously. B. Commission discussion of shooting range management issues: cancelled The discussion was cancelled. C. MA Audubon special request Ellen Jedry, Assistant Director of MA Audubon, attended. The request was for removal of two cedars, both serving as owl habitats. A motion was made to approve the proposed removal of two trees. Seconded and voted unanimously. D. Other None A motion was made to adjourn. Seconded and voted unanimously. The time was 9:29 p.m.

MN072208 1



DATE: JULY 22, 2008 – 6:30 P.M.

LOCATION: 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 6:30 p.m. by Chairman Dennis R. Houle. Also attending were Vice-Chairman John Abodeely and Commissioners Peter Sampou, Scott Blazis, Tom Lee, and Louise Foster. Commissioner Larry Morin was away. Rob Gatewood, Conservation Administrator, assisted. The meeting was held in the Selectmen’s Conference Room, Barnstable Town Hall, Hyannis, MA.

I MINUTES FOR APPROVAL A. June 24, 2008 B. July 8, 2008 II REQUESTS FOR DETERMINATION Massachusetts Highway Department. Proposed drainage improvements by addition of catch basins to eliminate puddling/icing on Route 6A. DA-08068 The applicant was represented by Tom McGuire. Issues discussed:

• Invert elevation not shown on plan A motion was made to issue a negative determination. Seconded and voted unanimously. Laurie O’Shea. Vista pruning at 3606 Main St., Barnstable as shown on Assessors Map 318 Parcel 054. DA-08070 The applicant was represented by Laurie O’Shea. Issues discussed:

• Close collaboration with staff to ensure a defined short-crop view shed, otherwise an undulating cut 4 to 7 feet high.




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Douglas Fearon. Remove existing house section and construct addition; replace and expand existing terrace at 310 Pine St., W. Barnstable as shown on Assessors Map 176 Parcel 001-002. DA-08067 The applicant was represented by Lynne Hamlyn. Issues discussed: No concerns arose. A motion was made to issue a negative determination. Seconded and voted unanimously. Barnstable Land Trust. Remove three small patches of phragmites; cut and bag plants and exposed rhizomes; treat stalks with herbicide Rodeo at 30 Bailey Rd., Cotuit as shown on Assessors Map 003 Parcel 001. DA-08069 The applicant was represented by Redmond Banfield. Issues discussed:

• Project well-liked by the Commission. A motion was made to issue a negative determination. Seconded and voted unanimously. III NOTICES OF INTENT Linda Hiller. Remove existing garage and construct new garage; modify drive and replace existing deck at 48 Whidden Ave., Hyannis as shown on Assessors Map 324 Parcel 070. SE3-4748 The applicant was represented by Lynne Hamlyn. Issues discussed: No concerns arose. A motion was made to approve the project with special conditions. Seconded and voted unanimously. IV EXECUTIVE SESSION A. Discussion of current litigation A motion was made to enter executive session to discuss current litigation. Seconded and voted by roll call: Houle -aye

Abodeely -aye Sampou -aye Blazis -aye Lee -aye Foster -aye

The Chairman informed the public that the Commission would return to public session after a short executive session of approximately thirty minutes. RETURN TO PUBLIC SESSION The Commission returned to public session at 8:50 p.m.

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V AMENDED ORDERS Cotuit Oyster. Amend plan by relocating proposed building, shortening pier array & modifying site design as per plans revised through 5/27/08, at 26 Little River Rd., Cotuit as shown on Assessors Map 053 Parcel 009. SE3-4095 The applicant was represented by Arlene Wilson and Attorney Mary Elise Kelly. Issues discussed:

• A revised plan was proposed as part of a settlement agreement. (Cotuit Oyster, cont’d.) • Use of biodegradable hydraulic fluid for power lift with diked pad beneath. • No storage of hazardous material beneath the building.

A motion was made to amend the Order of Conditions. Seconded and voted unanimously. VI CONTINUANCES A. Robert Bothwell. Modification of existing stairway, pier and float for the installation of two benches, a 6-ft. canoe/kayak rack, a small hand-cranked boat lift, the enlargement of the existing float from 8’ x 12’ to 10’ x 20’, and the relocation of two existing 8” timber piles at 252 Clamshell Cove Rd., Cotuit as shown on Assessors Map 005 Parcel 004. SE3-4740 The applicant was represented by Arlene Wilson and Attorney Walter Sullivan. Issues discussed:

• The requested “spec” sheet on the proposed boat was recently submitted • The proposed boat, a 37-ft. Ocean, drafts slightly less than the Cabo allowed presently at the pier (also has

less hp) • Whether the enforcement order is specific to the Cabo • Whether the 12-inch draft restriction in the Order of Conditions is all that currently binds the applicant • The unpermitted status of several features of the existing pier (float size, outhauls, bench, lift) • How the deep hole occurred, and whether it constitutes Mr. Bothwell’s violation • The importance of the shellfishery.

A motion was made to continue the hearing to August 19th. Seconded and voted unanimously. VII CERTIFICATES OF COMPLIANCE (ez = staff recommends approval) (* = on-going conditions) A. Bosworth Associates SE3-3951 (coc,ez) construct single-family dwelling * B. Cafferky SE3-4543 (coc,ez) construct additions, pool, etc. to sfd * C. Prescott (Keim) SE3-3777 (coc,ez) construct pier, ramp, & float * and BCC-0176 D. Dranetz SE3-4742 (coc,ez) permit existing stairs and landing over

revetment * A motion was made to approve all the certificates (“A – D”). Seconded and voted unanimously.

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VIII OLD & NEW BUSINESS A. Other None A motion was made to adjourn. Seconded and voted unanimously. The time was 8:57 p.m.

MN080508 1



DATE: AUGUST 5, 2008 – 6:30 P.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 6:31 p.m. by Chairman Dennis R. Houle. Also attending were Vice-Chairman John Abodeely and Commissioners Scott Blazis, Larry Morin, and Tom Lee. Commissioners Peter Sampou and Louise Foster were away. Rob Gatewood, Conservation Administrator, assisted. The meeting was held in the Hearing Room, Barnstable Town Hall, Hyannis, MA. I MINUTES FOR APPROVAL A. July 15, 2008 B. July 22, 2008 A motion was made to approve the minutes, including the July 22nd Executive Session minutes. Seconded and voted unanimously. II REQUESTS FOR DETERMINATION Leonard E. & Patricia A. Curran. Vista pruning at 208 Maple St., W. Barnstable as shown on Assessors Map 132 Parcel 024. DA-08071 The applicant was represented by Arne Ojala. Issues discussed:

• One scraggly willow will be removed in the 50–100-foot buffer zone. A motion was made to issue a negative determination. Seconded and voted unanimously. Cindy Keifer. Remove 5 tagged oaks and 1 tagged oak stem; remove low limb and low deadwood; remove low large dead wood from oak; stump grinding below grade at 172 Ralyn Rd., Cotuit as shown on Assessors Map 022 Parcel 054. DA-08072 The applicant did not show. A motion was made to continue the hearing to August 19th.



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(Keifer, cont’d.) Seconded and voted unanimously. Michael A. & Maureen O. Champa. Vista pruning and enhancement plantings of native species along coastal bank and associated buffer at 239 Eel River Rd., Osterville as shown on Assessors Map 115 Parcel 006. DA-08073 The applicant was represented by John O’Dea, E.I.T. Issues discussed:

• An as-planted landscaping plan will be submitted. A motion was made to issue a negative determination. Seconded and voted unanimously. III NOTICES OF INTENT Thomas S. & Mary E. Olsen. Construct and maintain a timber boardwalk and seasonal pier at 122 Starboard Ln., Osterville as shown on Assessors Map 166 Parcel 110. SE3-4750 The applicant was represented by John O’Dea, E.I.T. Issues discussed:

• The pier would serve only non-motorized boats • Pier regulations were met.

A motion was made to approve the project with special conditions. Seconded and voted unanimously. John Greene. Construct single-family dwelling with porch, deck, retaining, wall, subsurface septic system and drive at 269 So. Main St., Centerville as shown on Assessors Map 207 Parcel 097-002. SE3-____ The applicant was represented by Lynne Hamlyn. Issues discussed:

• The same project was approved three years ago by the Commission and the Board of Health. The Order recently expired without an extension request coming forward.

Public comment:

• Cheryl Johnson submitted a letter in opposition to the project • Kate Whouley submitted a letter in opposition to the project

A motion was made to approve the project with special conditions. Seconded and voted: 4 votes “Aye;” 1 vote “Nay.” Kevin McCune/NSTAR Electric. Install two new 25kV electric supply lines in a single casing via Horizontal Directional Drill approximately 30 feet below sea floor just south of Bridge Street at West Bay as shown on Assessors Map 093. SE3-____ The applicant was represented by Kevin McHugh. Issues discussed:

• Emergency contingencies were set forth to address any “frac-out,” which could result in release of bentonite clays to the water column. It was considered an unlikely event.

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(McCune/NSTAR, cont’d.) A motion was made to approve the project with special conditions. Seconded and voted unanimously. Ann Swaim. Construct single-family home and utilities at 369 Wheeler Rd., Marstons Mills as shown on Assessors Map 082 Parcel 001-001. SE3-4751 The applicant was represented by Jack Vaccaro. Issues discussed:

• A pier exists at the site and is shared at this time. Public Comment:

• Fred Timmy was concerned for construction equipment blocking the cul-de-sac. A motion was made to approve the project with special conditions. Seconded and voted unanimously. Carol Ann Gordon. Construct additions, install patio, and repair existing deck at 54 Woodvale Ln., Centerville as shown on Assessors Map 190 Parcel 183. SE3-4752 The applicant was represented by Jack Vaccaro. Issues discussed: No concerns arose. A motion was made to approve the project with special conditions. Seconded and voted unanimously. IV CONTINUANCES Denise G. Swan. Requesting confirmation of delineation of fresh water wetland and town-defined coastal bank at 170 Grand Island Dr., Oyster Harbors as shown on Assessors Map 053 Parcel 012-001. DA-08065 The applicant requested a continuance, via letter. A motion was made to continue the hearing to September 2nd. Seconded and voted unanimously. Peter Menounos. Replace existing pier, ramp and float with new pier, ramp, float, beach access stair and water access ramp; remove lower section of bank access stairs; revegetate at 176 Clamshell Cove Rd., Cotuit as shown on Assessors Map 005 Parcel 031. SE3- 4749 The applicant was represented by Arlene Wilson. Issues discussed:

• The existing approved pier doesn’t function well for the owner or the environment. The pier permit contains a restriction that boats simply must not rest on the bottom at low tide. The 24' Striper drafts 33" with prop down; with prop up, it drafts 17" up.

• While mapped as a “9 out of 10” for habitat value, it was described as not, in fact, productive. The Shellfish Committee disagreed and provided a letter in opposition.

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(Menounos, cont’d.) Commissioner Abodeely stated that the proposed pier represents a substantial improvement, so the new regulations would apply. Commissioner Blazis desired to see a 4" x 4" seasonal pile construction, while Commissioner Morin suggested that no larger boat be approved at the new dock. Both Commissioners Abodeely and Blazis were concerned about the proposed grated access. A motion was made to approve the project with special conditions. Seconded and voted: 4 votes “Aye;” 1 vote “Nay.” V REQUEST FOR AMENDED ORDER Town of Barnstable/Conservation Division. Amend Order of Conditions SE3-4531 (Create inlet between Rushy Marsh Pond and Nantucket Sound by installing culvert, stone groin, snow fencing and associated appurtenances) by adding requirements of: 1) removal of an existing groin at 60 Oregon Way, Cotuit as shown on Assessors Map 016 parcel 011; and, 2) abandonment of existing 18” culvert (via capping and removal up to limit of dune line) at 130 Oregon Way, Cotuit as shown on Assessors Map 017 parcel 018. The applicant was represented by Rob Gatewood. Issues discussed: No concerns arose. A motion was made to amend the Order. Seconded and voted unanimously. James & Justine Laugharn. Amend Order of Conditions SE3-4710 (Construct two additions, a five-foot deck extension; new crawl- space foundation to replace existing foundation; second-floor dormers to existing dwelling, construct garage) to allow razing and reconstruction of existing dwelling at 100 Bay View Rd., Barnstable as shown on Assessors Map 319 Parcel 030 The applicant was represented by Allison Allesi, R.A. Issues discussed:

• Additional landscape mitigation was required near the top of the bank • Small increases to the dormers were reflected in revised elevation drawings

A motion was made to amend the Order. Seconded and voted unanimously. VI CERTIFICATES OF COMPLIANCE (ez = staff recommends approval) (* = on-going conditions) A. Largay SE3-4382 (coc,ez) replace timber pier with aluminum pier * B. Healy SE3-4516 (coc,ez) install PVC sheet pile retaining wall * C. Baker SE3-4298 (coc,ez) construct single-family dwelling * D. Martignetti SE3-3919 (coc,ez) modify existing pier* E. Burke SE3-4377 (coc,ez) construct stairs on coastal bank *

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(Certificates of Compliance, cont’d.) F. Sea View SE3-4369 (coc,ez) construct pool & patio (not done) Nominee Trust A motion was made to approve all the certificates. Seconded and voted unanimously. VII OLD & NEW BUSINESS A. Morning meeting Tues., 8/12/08 at 8:30 a.m. At this time, a quorum existed for the meeting. B. Other None. A motion was made to adjourn. Seconded and voted unanimously. The time was 9:02 p.m.

MN0801908 1



DATE: AUGUST 19, 2008 – 6:30 P.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 6:30 p.m. by Chairman Dennis R. Houle. Also attending were Vice-Chairman John Abodeely and Commissioners Peter Sampou, Larry Morin, Tom Lee, and Louise Foster. Commissioner Scott Blazis was away. Rob Gatewood, Conservation Administrator, assisted. The meeting was held in the Hearing Room, Barnstable Town Hall, Hyannis, MA. I MINUTES FOR APPROVAL A. August 5, 2008 A motion was made to approve the minutes. Seconded and voted unanimously. II REQUESTS FOR DETERMINATION Miguel Gomes. Construct wooden deck 17’ x 22’ supported by sona tubes at 42 Tonela Ln., Cummaquid as shown on Assessors Map 336 Parcel 066. DA-08074 The applicant attended the hearing. Issues discussed:

• Drywells needed for new additions • Planting mitigation as previously indicated by staff

A motion was made to issue a negative determination. Seconded and voted unanimously. Town of Barnstable/DPW. Install leaching basin and drainage trench in grass strip along road 15± feet from edge of resource area at 71 Bridge St., Osterville as shown on Assessors Map 116 Parcel 119. DA-08075 The applicant was represented by Silvio Genao. Issues discussed: No concerns arose. A motion was made to issue a negative determination.

Town of Barnstable

Conservation Commission 200 Main Street

Hyannis Massachusetts 02601

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(ToB/DPW, cont’d.) Seconded and voted unanimously. Izabel Marrero & Thays Fernandes. Upgrade existing septic system at 4 Saint Francis Cir., Hyannis as shown on Assessors Map 291 Parcel 225. DA-08076 The applicants were represented by Mike Pimental. Issues discussed: No concerns arose. A motion was made to issue a negative determination. Seconded and voted unanimously. Thomas J. DeVesto & Angela Hahn. Vista pruning in accordance with Commission guidelines at 821 Old Post Rd., Cotuit as shown on Assessors Map 073 Parcel 007. DA-08077 The applicants were represented by Steve Wilson, P.E. Issues discussed:

• Standard allowance requested. A motion was made to issue a negative determination. Seconded and voted unanimously. Cindy Keifer. Remove 5 tagged oaks and 1 tagged oak stem; remove low limb and low deadwood; remove low large dead wood from oak; stump grinding below grade at 172 Ralyn Rd., Cotuit as shown on Assessors Map 022 Parcel 054. DA-08072 (CONTINUANCE) The applicant was represented by Natascha Bachelor. Issues discussed:

• Several of the trees are located within the 50-ft. buffer. The Commission expressed concern for felling those. Staff to meet on site and determine scope of cutting/pruning for the Commission.

A motion was made to issue a negative determination. Seconded and voted unanimously. III NOTICES OF INTENT Richard B. & Audrey P. Egan, Trs. To locally permit State and Federally approved reconfiguration zones, and to move a dock within that zone at 41 Cockachoiset Lane & 330 West Bay Road, Osterville as shown on Assessors Map 116 Parcels 009 & 013. SE3-____ A continuance was requested via letter. A motion was made to continue the hearing to September 2, 2008. Seconded and voted unanimously. Alan Green. Construct stairway to lake, construct new deck, reset seasonal dock (SE3-0656), vista pruning and landscaping at 140 Conners Rd., Centerville as shown on Assessors Map 251 Parcels 014 & 015. SE3-4755 The applicant was represented by Steve Wilson, P.E.

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(Green, cont’d.) Issues discussed:

• Comments by Natural Heritage and Endangered Species (NHESP), especially regarding foregoing the use of haybales

• Replacing at-grade steps with elevated stairs • Revised plan for pier, walkway and deck detail, work-limit for deck • Concern over handrail for stairs • Pier permitting as part of this application • Consultation with staff on correcting leaf pile problem on applicant’s adjacent lot.

A motion was made to approve the project with special conditions. Seconded and voted unanimously. Town of Barnstable/Conservation Division. Reduce wind erosion at Estey Avenue way-to-water by re-orienting existing dune pathway and adding on-site sand to end of adjacent dune (lending a SE-NW orientation to both), planting with beachgrass and installing snow fencing to stabilize. Future maintenance allowance also requested. SE3-4754 The applicant was represented by Rob Gatewood. Issues discussed:

• Limiting path to 4-ft. width • Using snow fencing only on an as-needed basis to stabilize dune

A motion was made to approve the project with special conditions. Seconded and voted unanimously. Prudence Pigott. Raze existing house, construct new house and landscaping at 71 Sunset Ln., Barnstable as shown on Assessors Map 301 Parcel 024. SE3-4756 The applicant, Mrs. Pigott, attended and was represented by Steve Wilson, P.E. Issues discussed:

• The Commission wanted to see mitigation planting seaward of the house • No tree clearing – just some pruning proposed • Drywells for runoff, as per notes.

A motion was made to approve the project with special conditions. Seconded and voted unanimously. IV CONTINUANCES Jane Thompson. Construct wooden bridge to provide vehicle access to residential lot owned by applicant. Bridge to be supported by timber piles to elevate bridge over scrub-shrub wetland. Work includes construction of pervious access driveway into lots at 203 and 205 Scudder Ln., and 58 Calves Pasture Ln, Barnstable as shown on Map 259 Parcels 007-001, -002, -004. SE3-4717 A continuance was requested via letter. A motion was made to continue the hearing to October 28th and require notification to abutters as well as a summary of project changes. Should the applicant prefer, she may withdraw the application. Seconded and voted unanimously.

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(Thompson, cont’d.) Robert Bothwell. Modification of existing stairway, pier and float for the installation of two benches, a 6-ft. canoe/kayak rack, a small hand-cranked boat lift, the enlargement of the existing float from 8’ x 12’ to 10’ x 20’, and the relocation of two existing 8” timber piles at 252 Clamshell Cove Rd., Cotuit as shown on Assessors Map 005 Parcel 004. SE3-4740 The applicant was represented by Arlene Wilson. Issues discussed:

• The boat lift and pier bench were deleted from the project. • The proposed float is 8' x 18'. Two tie-off’s are proposed, as they presently exist • A restriction on boat size: not to exceed 34 ¾" to bottom of propeller. • A restriction of boat operation between pier and channel when there is less than a 12" clearance under the

props • $500 worth of softshell seed donated to Natural Resources Division • The proposal was roundly discussed by the Commission. Bathymetric alternations at the pier could not

conclusively be attributed to the applicant, as evidence of unauthorized motorcraft use preceding the applicant’s ownership of the parcel was entered to the record.

A motion was made to approve the project with special conditions. Seconded and voted: 4 votes – aye 2 votes – nay. V EXTENSION PERMITS A. Kariotis, Michael SE3-4365 raze/construct sfd 1st Request; 3 yrs. B. Kariotis, Mary SE3-4366 construct sfd 1st Request; 3 yrs. Extension requests “A – B” were discussed simultaneously. The applicants were represented by Peter Sullivan, P.E. A motion was made to approve a 3-year extension for each project. Seconded and voted unanimously. C. Millway Marina SE3-4390 wall; dredging 1st Request; 3 yrs. D. Blair SE3-4389 dredging 1st Request; 3 yrs. E. Mattakeese Wharf SE3-4392 floats; dredging 1st Request; 3 yrs. Extension requests “C – E” were discussed simultaneously. The applicants were represented by Lynne Hamlyn. A motion was made to approve a 3-year extension for each project. Seconded and voted unanimously. VI CERTIFICATES OF COMPLIANCE (ez = staff recommends approval) (* = on-going conditions) A. Giardini SE3-4695 (coc,ez) upgrade septic system to single-family dwelling *

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(Certificates, cont’d.) B. Zaino SE3-1772 (coc,ez) construct additions & garage & upgrade septic (none done) C. Oyster Harbors Marine SE3-3922 (coc,ez) bulkhead maintenance and replacement D. Balsamo SE3-4083 (coc,ez) construct garage; repave driveway; landscape maintenance * E. Baker SE3-4492 (coc,ez) construct pier, ramp, & float * F. Town of Barnstable/DPW SE3-1799 (coc,ez) reconstruct roadway and drainage * G. Oyster Harbors Marine SE3-4364 (coc,ez) replace building * H. Town of Barnstable/DPW SE3-1798 (coc,ez) construct roadway and drainage * I. Healy SE3-4387 (coc,ez) construct detached garage * A motion was made to approve all the certificates (“A – I”). Seconded and voted unanimously. VII OLD & NEW BUSINESS A. Article 1 disposition on 105 Oakmont Rd., Barnstable Village parcel 349.013 A motion was made to decline interest in the land. Seconded and voted unanimously. B. Other Commissioner Sampou asked the Commission if it had any interest in adopting a stricter Chapter 237 methodology for wetland determination. A motion was made to adjourn. Seconded and voted unanimously. The time was 8:58 p.m.

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DATE: SEPTEMBER 2, 2008 – 6:30 P.M.


I MINUTES FOR APPROVAL A. August 19, 2008 A motion was made to approve the minutes. Seconded and voted unanimously. II REQUESTS FOR DETERMINATION Cornelia Austin. Upgrade failed septic system to Title-5 standards at 14 Marshview Ln., Marstons Mills as shown on Assessors Map 076 Parcel 006-002. DA-08078 The applicant was represented by Daniel Ojala, P.E. Issues discussed: None. A motion was made to issue a negative determination. Seconded and voted unanimously. III NOTICES OF INTENT William & Laurie Danforth. Replace significant amount of lawn with native and naturalizing plants; add garden trellis and terrace with associated walks in other lawn area; create seeded play area; enhance all areas with native material and remove invasive vines at 246 Carriage Rd., Osterville as shown on Assessors Map 071 Parcel 018. SE3-4760 The applicant was represented by Rick Lamb, R.L.A. Issues discussed:

• A trellis was proposed within the 50-foot buffer. • A considerable amount of mitigation planting within existing lawn area was also proposed. • Drywells will be installed to handle roof run-off. • The Commission wanted long-standing tree topping, addressed in a follow-up report from Mr. Lamb, to be

submitted for staff approval • An as-built fence was removed; a new fence is proposed under this filing • A final planting plan will be submitted for staff approval prior to implementation.

A motion was made to approve the project with special conditions.

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(Danforth, cont’d.) Seconded and voted unanimously. Baxter Neck Road LLC./Lehman, Tr. Construct addition to existing house; remove trees for insurance purposes; construct pool; poison ivy removal; vista pruning and landscaping at 240 Baxters Neck Rd., Marstons Mills as shown on Assessors Map 251 Parcels 014 & 015. SE3-4761 The applicant was represented by Stephen Wilson, P.E. Commissioner Foster recused herself. Issues discussed:

• The proposed deck will actually be smaller than the existing one, according to Mr. Wilson. The Commission saw it another way – that the deck was actually being expanded over the Town coastal bank.

• About two-dozen trees are proposed for removal to satisfy insurance company concerns. An additional seven trees would be removed for the pool and deck.

• The Commission expressed concern for the amount of tree and habitat alteration. A proposed mitigation plan was requested by the Commission.

• The pool could possibly be moved to the east side of the house. • Documentation of insurance company’s concerns was requested.

A motion was made to continue the hearing to September 30th. Seconded and voted unanimously. ToB/DPW. Improvements to Bog Road, including repaving/widening, installation of stormwater runoff drainage system, and bank stabilization in Barnstable, public right-of-way. SE3-4762 The applicant was represented by Stacey Minehan, John Venzi, P.E., of Beales & Thomas, and Roger Parsons, P.E. Issues discussed:

• The road will be widened over its present footprint through the bogs. No wetland will be altered, but inland bank will be

• No upgrading (enlarging) of existing river or culvert was thought necessary by USDA • Steven Farrar, abutter, asked about existing culvert width, and if any leaching basins were proposed at the

southern end of Bog Road. Charles Crocker, abutter, said the road was built on mud, and that the improved road will do the same.

A motion was made to approve the project with special conditions. Seconded and voted unanimously. IV CONTINUANCES Denise G. Swan. Requesting confirmation of delineation of fresh water wetland and town-defined coastal bank at 170 Grand Island Dr., Oyster Harbors as shown on Assessors Map 053 Parcel 012-001. DA-08065 The applicant was represented by Attorney Eric Wodlinger, Stephen Wilson, P.E., Dr. Lee Weishar, P.E., Donald Schall, and Bruce Besse. Issues discussed:

• Mr. Wodlinger said the scientific import of these experts and these studies was that the wetland was a fresh water wetland, not subject to tidal action.

• Chairman Houle explained the clearing violation which preceded this filing for a Request for Determination of Applicability.

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(Swan, cont’d.) • The D.E.P. bank and buffer zone were agreed to. Mr. Wodlinger said that, in terms of the mitigation, certain

slope characteristics should influence the nature of the mitigation, e.g., what is the best way to mitigate in order to stabilize the slope?

A motion was made to continue the hearing to October 28th, and to continue the Swan enforcement hearing to October 21st. Seconded and voted unanimously. Richard B. & Audrey P. Egan, Trs. To locally permit State and Federally approved reconfiguration zones, and to move a dock within that zone at 41 Cockachoiset Lane & 330 West Bay Road, Osterville as shown on Assessors Map 116 Parcels 009 & 013. SE3-4758 The applicant was represented by Peter Sullivan, P.E. Issues discussed:

• The gross square-footage of the floating pier will be provided. • A 25-foot LOA limit was given on the proposed plan

A motion was made to approve the project with special conditions. Seconded and voted unanimously. V EXTENSION REQUESTS D. Conservation Division SE3-4014 phragmites control 2nd request; additional 3 yrs. The applicant was represented by Rob Gatewood, Conservation Administrator. Issues discussed:

• The Commission felt that the request was unusual but, given the importance of eliminating the invasion of “pioneer” phragmites, the request was an important one to consider.

A motion was made to approve a three-year extension. Seconded and voted unanimously. VI CERTIFICATES OF COMPLIANCE (ez = staff recommends approval) (* = on-going conditions) A. Simpkins SE3-4412 (coc,ez) construct driveway for single-family dwelling * B. Swaim (Sullivan) SE3-4394 (coc,ez) construct single-family dwelling (not done) C. C-O-MM Water SE3-4686 (coc,ez) construct water service along roadway A motion was made to approve all (“A - C”) certificates. Seconded and voted unanimously. VII OLD & NEW BUSINESS A. September 9th morning meeting Noted B. Clarification on SE3-4754, dune stabilization at Estey Avenue Way-to-Water

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(Old & New Business, cont’d.) Conservation Administrator, Rob Gatewood, clarified several points with regard to the pending Conservation Division’s Order of Conditions, SE3-4754, Estey Avenue way-to-water.

C. Other The Chairman updated the Commission on the work of the Coastal Resources Management Committee. A motion was made to adjourn. Seconded and voted unanimously. The time was 9:13 p.m.

MN091608 1





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 John Abodeely and Commissioners Peter Sampou, Scott Blazis, Larry Morin, Tom Lee, and Louise Foster. Rob Gatewood, Conservation Administrator, assisted. The meeting was held in the Selectmen’s Conference Room, Barnstable Town Hall, Hyannis, MA. I MINUTES FOR APPROVAL A. September 2, 2008 A motion was made to approve the minutes. Seconded and voted unanimously. II REQUESTS FOR DETERMINATION C. McGregory Wells, III & Mary M. Wells. Repair existing septic system at 312 Smoke Valley Rd., Osterville as shown on Assessors Map 096 Parcel 003. DA-08080 The applicant was represented by John O’Dea, E.I.T. Issues discussed:

• An on-the-floor revision to shift the system two feet eastward was discussed. • The possible advantage of a nitrogen-removing system was discussed.

A motion was made to issue a negative determination. Seconded and voted: 5 votes – aye; 2 votes – nay Wequaquet Lake Yacht Club. Remove and repair shed roof; remove and repair side wall; add new windows and doors at 150 Annable Point Rd., Centerville as shown on Assessors Map 211 Parcel 015. DA-08079 The applicant was represented by Jimmy Bowes. Issues discussed:

• Drywells to be added for roof runoff.

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(Wequaquet Lake Yacht Club, cont’d.) A motion was made to issue a negative determination. Seconded and voted unanimously. III NOTICES OF INTENT Jeffrey Kaschuluk. Partially demolish existing dwelling down to foundation and construct new dwelling with utilities and all appurtenances including landscaping with patios, retaining walls; remove invasives and plantings of native species; vista pruning; create parking spaces off existing drive at 49 Main St., Osterville as shown on Assessors Map185 Parcel 020. SE3-4757 The applicant was represented by John O’Dea, E.I.T. Melvin Field, current owner, also attended and answered several questions. Issues discussed:

• Elevation views were provided • Improvement to driveway runoff • 5,400 sq. ft. in mitigation planting was proposed • Planting bed to be located in grassed slope between house and boat house.

A motion was made to approve the project with special conditions. Seconded and voted unanimously. Robert McPhee/McPhee Associates. Tear down existing single-family dwelling; rebuild new single-family dwelling and detached two-car garage with living quarters above and appurtenances and new Title-5 Nitrogen Reducing Septic System; planting mitigation at 90 Harbor Point Rd., Cummaquid as shown on Assessors Map 352 Parcel 001. SE3-4763 The applicant was represented by Robin Wilcox, Rob McPhee, P.L.S. and Phil Cheney. Issues discussed: No concerns arose. A motion was made to approve the project with special conditions. Seconded and voted unanimously. Richard M. & Anna Tocci. Construct and maintain a timber pier, ramp and float in North Bay at 80 Great Bay Rd., Osterville as shown on Assessors Map 093 Parcel 074. SE3-4764 The applicant was represented by John O’Dea, E.I.T. A continuance was requested via letter from Attorney Sarah Alger. A motion was made to continue the hearing to October 14, 2008. Seconded and voted unanimously. No testimony was taken. Gargano, Paul & Sheila. To permit putting greens and boardwalks at 251 Green Dune Dr., W. Hyannisport as shown on Assessors Map 245 Parcel 33. SE3-____ The applicant was represented by Attorney Peter Kortkamp.

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(Gargano, cont’d.) Issues discussed:

• Following Mr. Kortkamp’s introduction, Chairman Houle challenged the applicant’s prohibition of the Conservation Commission to enter his property. Mr. Gargano answered questions from some of the Commissioners and also elaborated on some of the points presented by Mr. Kortkamp.The Chair said that access is a necessary part of the Commission’s performance of its duties. Mr. Kortkamp said he stands corrected on the statutory requirements, but thought that most Commissioners were familiar with the site. The Chair stated that this was not so. A group site- visit was then agreed upon, to be worked out with staff.

• A discussion ensured between the Board and Mr. Kortkamp regarding the science issues, and other concerns as to whether there were limitations on issues to be considered by the Commission based on the opinion of the Superior Court following trial, and if so what those limitations might be.

• Mr. Kortkamp said that no adverse impact stemming from putting-green construction could or can be discerned. He stated that Mr. Gargano’s submitted plan only shows one boardwalk, not two, and that Mr. Gargano has withdrawn the boardwalks from consideration, and would remove them. A specification sheet on the artificial surface for the putting greens was submitted.

• Commissioners raised concern for project impacts upon the nutrient balance of Hall’s Creek, along with impacts to wildlife habitat.

A motion was made to continue the project to September 30th. Seconded and voted unanimously. IV CERTIFICATES OF COMPLIANCE (ez = staff recommends approval) (* = on-going conditions) A. Town of Barnstable/DPW SE3-0756 (coc,ez) construct road drainage; add rip rap * B. Town of Barnstable/DPW SE3-1797 (coc,ez) extend drainage pipe * C. Falacci SE3-4270 (coc,ez) construct single-family dwelling * D. Price SE3-4440 (coc,ez) add lights, platform, ramp & float to pier * E. Price SE3-4376 (coc,ez) construct in-ground pool * A motion was made to approve all certificates “A – E.” Seconded and voted unanimously. V OLD & NEW BUSINESS A. Other None. A motion was made to djourn. Seconded and voted unanimously. The time was 8:37 p. m.

MN093008 1





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 Houle. Also attending were Vice-Chairman John Abodeely and Commissioners Scott Blazis, Larry Morin, Tom Lee, and Louise Foster. Commissioner Peter Sampou was away. Conservation Administrator Rob Gatewood assisted. The meeting was held in the Selectmen’s Conference Room, Barnstable Town Hall, Hyannis, MA.

I MINUTES FOR APPROVAL A. September 9, 2008 A motion was made to approve the minutes as amended on September 19, 2009. Seconded and voted unanimously. B. September 16, 2008 A motion was made to approve the minutes. Seconded and voted unanimously. II REQUESTS FOR DETERMINATION Kate Mitchell and Patricia Toalson. Restoration and maintenance of the 50-ft. buffer zone of a bordering vegetated wetland and selective pruning of trees within buffer at 761 Main St., W. Barnstable as shown on Assessors Map 156 Parcels 061 and 062. DA-08081 The applicant was represented by Lisa Henrickson and Dr. Hillary Sandler. Issues discussed:

• Invasive species include Norway Maple, black locust, bush honeysuckle, oriental bittersweet, and multiflora rose. Among the undesirable species is the staghorn sumac.

• A planting program would be implemented. A raspberry patch will be restored. • The need for a native canopy species to replace invasive trees was discussed. • The need for a follow-up report at the end of years one, two, and three, was discussed. • A restored native shrub buffer would be maintained at varying heights. Some native trees will be included.

A motion was made to issue a negative determination.

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(Toalson, cont’d.) Seconded and voted unanimously. Lois Payson. Demolition of existing dwelling; construct new dwelling with outbuilding, utility connections and landscaping at 110 Commerce Rd., Barnstable as shown on Assessors Map 319 Parcel 041. DA-08083 The applicant was represented by Arlene Wilson, PWS. Issues discussed:

• Very little fill/excavation will be needed. • The floodplain is the only jurisdiction. The Commission reserved the right in future floodplain

development filings to require a Notice of Intent. • Elevation views will be submitted.

A motion was made to issue a negative determination. Seconded and voted unanimously. Alan Bennet. Tear down and dispose of existing one-car garage; build new one-car garage at 112 George St., Barnstable as shown on Assessors Map 319 Parcel 067. DA-08082 The applicant was represented by Bob Glover, Agent. Issues discussed:

• Drywells will be installed for the new garage and the existing shower. A motion was made to issue a negative determination. Seconded and voted unanimously. Stanley Goldstone. Install new Title-5 septic system at 223 5th Ave., W. Hyannisport as shown on Assessors Map 245 Parcel 041. DA-08084 The applicant was represented by Daniel Ojala, P.E. Issues discussed:

• Vegetation or stone shall be placed along the walls for aesthetic purposes. A motion was made to issue a negative determination. Seconded and voted unanimously. III NOTICES OF INTENT Claire Bean. Raze and replace single-family dwelling within existing footprint at 200 Hollidge Hill Ln., Marstons Mills as shown on Assessors Map 081 Parcel 007. SE3-____ The applicant was represented by Daniel Ojala, P.E. Issues discussed:

• The house will be reconstructed in its existing footprint. • An attempt to mitigate a cutting violation failed, with plants dying off. This restoration will occur prior to

release of the Order of Conditions. • The Commission imposed a requirement for restoration of the 50-foot buffer zone elsewhere on the

property, consistent with its regulations. Staff approval will be required on the plan details. Meadow will be encouraged as a component.

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(Bean, cont’d.) A motion was made to approve the project with special conditions. Seconded and voted unanimously. IV CONTINUANCES Michael A. & Laurie A. Paternoster, Jr. Bluestone patio area with associated drainage and landscaping improvements (rebuild stockade fence and enhance plantings) at 292 Long Beach Rd., Centerville as shown on Assessors Map 185 Parcel 025. SE3-4707 The Commission was concerned with the mounting continuances, while the DCPC regulations are under-development. A motion was made to deny the project without prejudice. Seconded and voted unanimously. Byron & Joyce Haseotes. Site preparation; remove buried oil tank; abandon existing cesspool; construct 4-bedroom house addition (elevated/set on piers); construct new Title-5 septic system; grading at 293 Long Beach Rd., Centerville as shown on Assessors Map 185 Parcel 034. SE3-4714 The applicants did not attend. The Commission was concerned with the mounting continuances, while the DCPC regulations are under-development. A motion was made to deny the project without prejudice. Seconded and voted unanimously. Baxter Neck Road LLC./Lehman, Tr. Construct addition to existing house; remove trees for insurance purposes; construct pool; poison ivy removal; vista pruning and landscaping at 240 Baxters Neck Rd., Marstons Mills as shown on Assessors Map 075 Parcel 024. SE3-4761 The applicant was represented by Steve Wilson, P.E. and Bruce Besse. Mr. Lehman attended the hearing and participated. Commissioner Louise Foster recused herself. Nineteen trees were proposed for removal as a requirement from applicant’s home insurer. Sideline enhancement plantings were proposed. Pool drainage will be accommodated in leaching basins beneath the driveway. The pool work limit will be adjusted landward, as the wall itself will serve as a construction work limit. A revised plan will be submitted. The planting plan will be revised in consultation with staff. A motion was made to approve the project with special conditions. Seconded and voted unanimously. Gargano, Paul & Sheila. To permit putting-greens and boardwalks at 251 Green Dune Dr., W. Hyannisport as shown on Assessors Map 245 Parcel 33. SE3-4766

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(Gargano, cont’d.) The applicant did not attend the hearing, having previously notified the Commission that he would not attend. Issues discussed:

• The Chair excerpted statements from a recent letter from the applicant’s attorney. Contrary to assertions therein, it was observed that the new irrigation spigots and sprinkler heads were not removed, nor were the new electrical boxes and new lighting fixtures. In addition, two of the putting course holes were still located in the coastal bank.

• Material was submitted by the Commission dealing with suspected toxicity of granulated rubber, a possible component of the putting course.

• Findings of fact were set forth. Seven holes of the nine-hole putting course are located within the 50-foot buffer, and two in the coastal bank. The two holes were ordered to be removed.

• The combined area of the remaining five holes in the 50-foot buffer is to be provided in mitigation plantings along the top of the bank at a ratio of 3:1.

A motion was made to approve the project with findings and special conditions. Seconded and voted unanimously. V AMENDED ORDERS Robert Benedetto. Amended Order of Conditions SE3-4203 (Revise house location and place conservation restriction) to relocation of proposed house and barn; modification of conservation restriction; construct additional 100 feet of drainage piping and backfill ditch at 359 Santuit Rd., Cotuit as shown on Assessors Map 020 Parcel 003. The applicant was represented by Attorney Mike Ford and Steve Wilson, P.E. Issues discussed:

• Mr. Ford provided case background. • A conservation restriction was once again proposed as mitigation. • Letters received from Joan Lynch and Robert McNutt, abutters, both supported the project. • A letter from Cape Cod Mosquito Control Program was also supportive of the project • A concern arose regarding conformance with the 50-foot buffer requirement relative to the remnant stream.

Notwithstanding the fact that the house was within 50 feet of the wetland, it was not found to have significant impact.

• The Commission will reserve the right in future filings to determine the scope of its jurisdiction at the site. A motion was made to approve the project with special conditions. Seconded and voted unanimously. VI FOR RECONSIDERATION Robert Bothwell. Reconsideration of project SE3-4740 (Modification of existing stairway, pier and float) for sole purpose of reconsidering the number of motorized vessels which may be berthed at approved float at any one time at 252 Clamshell Cove Rd., Cotuit as shown on Assessors Map 005 Parcel 004. The applicant was represented by Arlene Wilson, P.W.S. Issues discussed:

• The applicant proposed berthing his 17-foot Edgewater (with 90 hp Yamaha) at the float in addition to the approved 36-footer.

• Berthing bow-in was suggested • The second boat shall conform with the Commission’s 12-inch draft requirement.

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(Bothwell, cont’d.) A motion was made to allow the second boat, contingent upon bow-in berthing and in conformance with the Commission draft regulation. Seconded and voted unanimously. VII CERTIFICATES OF COMPLIANCE (ez = staff recommends approval) (* = on-going conditions) A. Perlmutter SE3-4535 (coc,ez) construct terrace & stone wall * B. Carr SE3-3711 (coc,ez) construct pool (not done); manage invasive plants * C. Kozloff SE3-4359 (coc,ez) construct driveway; improve drainage; landscaping* D. Burwick SE3-4227 (coc,ez) construct screened porch & elevated deck * E. TOB/DPW SE3-3712 (coc,ez) drainage improvements to Bay Shore Road, Hyannis F. Lloyd SE3-4268 (coc,ez) expand and improve roadway * A motion was made to approve all certificates (“A – F”). Seconded and voted unanimously. VIII OLD & NEW BUSINESS A. Barnstable Harbor Marina, Millway – emergency work to re-route stormwater flow to eliminate recharge

behind bulkhead. A motion was made to approve the staff-issued emergency work order. Seconded and voted unanimously. A motion was made to adjourn. Seconded and voted unanimously. The time was 10:06 p.m.

MN101408 1



DATE: OCTOBER 14, 2008 – 6:30 P.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 6:30 p.m. by Chairman Dennis R. Houle. Also attending were Vice-Chairman John Abodeely and Commissioners Peter Sampou, Scott Blazis, Larry Morin, Tom Lee, and Louise Foster. Rob Gatewood, Conservation Administrator, was away. Darcy Karle, Conservation Agent, assisted. The meeting was held in the Hearing Room, Barnstable Town Hall, Hyannis, MA. I MINUTES FOR APPROVAL A. September 30, 2008 A motion was made to approve the minutes. Seconded and voted unanimously. II REQUESTS FOR DETERMINATION Joseph E. & Deborah Norberg. Rebuild and expand existing deck in area that is presently lawn at 42 Marchant’s Mill Rd., Hyannisport as shown on Assessors Map 266 Parcel 027. DA-08085 The applicant was represented by John O’Dea, E.I.T. Issues discussed:

• The idea of requiring a 3 – 1 mitigation planting for RDA’s was discussed A motion was made to issue a negative determination. Seconded and voted: 5 votes – yea 2 votes – nay The motion carried. Charles Kurland. Vista pruning from second-floor balcony looking towards Prince Cove; minor maintenance pruning and removal of storm damage in upper canopy of Black Oak by lawn at 180 Baxters Neck Rd., Marstons Mills, as shown on Assessors Map 075 Parcel 022. DA-08086 The applicant was represented by Peter Childs.

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Commissioner Louise Foster recused herself. No concerns arose. A motion was made to issue a negative determination. Seconded and voted unanimously. III NOTICES OF INTENT Barry Lehman, Tr., Baxters Neck Road LLC. Construct fixed pier, ramp, float, boardwalk & stairway at Prince Cove located at 240 Baxters Neck Rd., Marstons Mills as shown on Assessors Map 075 Parcel 024. SE3-4769 The applicant was represented by Steve Wilson, P.E. Commissioner Foster recused herself. Issues discussed:

• Size of float versus length of boat • A sign at end of pier with address and information • The need for stairs • Bow-in berthing • Types of piles: wood or steel • Whether to require hand rails on boardwalk.

Public Comment:

• Charles Kurland supported the project, but did not like the idea of using steel A motion was made to approve the project with special conditions. Seconded and voted unanimously. Wayne G. Kurker/Hyannis Marine. Construct power wash collection system connecting to town sewer, including a larger power washing shed; shore up existing riprap wall with steel sheet piling at 1 Willow St., Hyannis as shown on Assessors Map 326 Parcels 112, 113, 114, 115, 116, 142, 142-001 & 133-002. SE3-____ The applicant appeared at the hearing. Issues discussed:

• The applicant was requested to advise the DPW about the project. A motion was made to approve the project with special conditions. Seconded and voted unanimously. Steven C. & Jennifer M. Walske. Construct and maintain timber pier, ramp and float at 47 Sunset Point, Osterville as shown on Assessors Map 051 Parcel 015. SE3-4765 The applicant was represented by John O’Dea, E.I.T. Mr. O’Dea spoke of his clients’ desire to rotate the pier approximately 14 degrees, and add an additional 10-foot length which would require a waiver from the town’s pier regulations. The new location would act only as an aid in appeasing neighbors. The Chair read letters from the Division of Marine Fisheries which recommended increasing the ramp length. A motion was made to approve the project with special conditions.

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Seconded and voted unanimously. Travis M. & Rachel Creutz Rhodes. Demolish existing dwelling and construct new single- family dwelling with associated appurtenances and vista pruning at 347 Sea View Ave., Osterville as shown on Assessors Map 138 Parcel 023. SE3-4768 The applicant was represented by John O’Dea, E.I.T. Mr. O’Dea submitted a letter requesting a withdrawal. IV CONTINUANCES Richard M. & Anna Tocci. Construct and maintain a timber pier, ramp and float in North Bay at 80 Great Bay Rd., Osterville as shown on Assessors Map 093 Parcel 074. SE3-4764 A request for a continuance was submitted via letter. A motion was made to continue the hearing to November 25th. Seconded and voted unanimously. No testimony was taken. V CERTIFICATES OF COMPLIANCE (ez = staff recommends approval) (* = on-going conditions) A. Town of Barnstable/DPW SE3-3725 (coc,ez) construct sewerage pump station * B. Ford SE3-4610 (coc,ez) construct in-ground pool & patio * C. Payson SE3-4414 (coc,ez) raze & construct sfd (not done) D. Weiler SE3-4654 (coc,ez) construct addition to sfd; install well * A motion was made to approve the certificates (“A” – “D”) Seconded and voted unanimously. VI OLD & NEW BUSINESS A. CRs: McGowan, Conover to BLT A motion was made to support the Conover Conservation Restriction. Seconded and voted unanimously. A motion was made to amend the McGowen Conservation Restriction, and add language stating that vista pruning must follow the Commission’s regulations. B. Other – none A motion was made to adjourn. Seconded and voted unanimously. The time was 8:18 p.m.

MN102808 1



DATE: OCTOBER 28, 2008 – 6:30 P.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 6:30 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. The meeting was held in the Hearing Room, Barnstable Town Hall, Hyannis, MA. I MINUTES FOR APPROVAL A. October 14, 2008 A motion was made to approve the minutes. Seconded and voted unanimously. II REQUESTS FOR DETERMINATION Mark Holmquist. Repair existing failed septic system, including removal of cesspool, installation of new 3500-gallon septic tank/pump chamber and construction of pressure-dosed leachfield at 59 Nyes Point Way, Barnstable as shown on Assessors Map 233 Parcel 018. DA-08087 The applicant, Mark Holmquist, attended the hearing and was represented by Norm Hayes, P.W.S. A motion was made to issue a negative determination. Seconded and voted: 5 votes - aye 1 vote -nay. Motion carried. Town of Barnstable/DPW. Construct asphalt sidewalk with sloped granite curb along north side of existing edge of Sandy Neck Rd. from Barnstable/Sandwich town line to turnaround area just before gatehouse. Work will not affect sand dunes as most of project will be on grass strip along road within gravel and sand turnaround area at Sandy Neck Road. DA-08088 The applicant was represented by Silvio Genao, E.I.T., Nina Coleman, Sandy Neck Park Manager, and Richard French, Chair of the Sandy Neck Board.

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Public Comment:

A letter from Mrs. Graebener spoke against the project. Ms. Coleman described it as a safety-related necessity. Paula Currey described it as a “sidewalk from nowhere to nowhere.”

Audrey Laughnan, Town Councilor Henry Farnham, Kris Clarke, President of the W. Barnstable Civic Association, and Sgt. Andrew McKenna of the Barnstable Police Department, spoke in favor of the project.

A motion was made to issue a negative determination. Seconded and voted unanimously. Hyannis Athletic Association. Renovations/additions to existing press box at McKeon Field at 0 Old Colony Rd., Hyannis as shown on Assessors Map 326 Parcel 001-003. DA-08090 The applicant was represented by Brad Pfeifer. Issues discussed:

• Gravel trenches at the drip lines to be provided. A motion was made to issue a negative determination. Seconded and voted unanimously. Patrick & Susan Butler. Remodel portion of existing single-family dwelling to include raising roof with dormers and construction of post-supported bay at 522 Bay Ln., Centerville as shown on Assessors Map 187 Parcel 068. DA-08092 The applicant was represented by Lynne Hamlyn. Issues discussed: None. A motion was made to issue a negative determination. Seconded and voted unanimously. Ronald Sidman. Construct patio, reflecting pool, and stormwater runoff system at 372 Wheeler Rd., Marstons Mills as shown on Assessors Map 081 Parcel 004. DA-08091 The applicant was represented by Stephen Wilson, P.E. Issues discussed:

• A revised plan dated October 20th was the focus • The platform on pond shore needs permitting • Erosion coming down drive needs to be checked

A motion was made to issue a negative determination. Seconded and voted unanimously. John C. & Mary S. Mechem. Upgrade existing septic system and add addition and deck expansion at 312 Bridge St., Barnstable as shown on Assessors Map 093 Parcel 019. DA-08089 The applicant was represented by Mike Pimentel, E.I.T. Issues discussed:

• Work on the project got ahead of the permitting

MN102808 3

A motion was made to issue a negative determination. Seconded and voted unanimously. Edmund Lukas. Construct single-family home; landscaping, and all appurtenances outside of Conservation Commission jurisdiction at 281 Sandy Neck Rd., W. Barnstable as shown on Assessors Map 136 Parcel 011-002. DA-08093 The applicant was represented by Attorney Bill Henchy. Issues discussed:

• Previous Request for Determination expired. No work to occur within Commission jurisdiction. • Importance of copying previous RDA plan to this file, as none was provided with the application

A motion was made to issue a negative determination. Seconded and voted unanimously. III NOTICES OF INTENT Robert Tyburski. Construct single-family house, recirculating sand filter, and associated utilities, with minimal amount of grading at 483 Lumbert Mill Rd., Barnstable as shown on Assessors Map 146 Parcel 021. SE3-4772 The applicant was represented by Timothy Bennett. Issues discussed:

• Substantial waivers needed from the 50-foot buffer requirement, and substantial variances needed from Board of Health

• Septic system cannot meet even 75-foot offset from the wetland • Wetland delineation needs to be looked at again in places • Strong recommendation of the Commission that the project go through Board of Health permitting prior to

action by Conservation Commission • Given the small lot size, the inability to provide potential mitigation for impacts within the 50-foot buffer.

A motion was made to continue the hearing to December 9th. Seconded and voted unanimously. William Cloutier/The Steamship Authority. Dredging required to support Slip #2 realignment at 71 South St., Hyannis as shown on Assessors Map 326 Parcel 130. SE3-4770 The applicant was represented by Bill Cloutier, P.E. Commissioner Tom Lee recused himself. Issues discussed:

• The previous application was based on the belief that the new slip could be developed without dredging. However, it turns out that dredging is necessary.

The difficulty experienced by the Steamship Authority was discussed, e.g., in pumping its marine head wastes in a uniform way in the several towns in which it operates. A motion was made to approve the project with special conditions. Seconded and voted unanimously.

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IV CONTINUANCES Jane Thompson. Construct wooden bridge to provide vehicle access to residential lot owned by applicant. Bridge to be supported by timber piles to elevate bridge over scrub-shrub wetland. Work includes construction of pervious access driveway into lots at 203 and 205 Scudder Ln., and 58 Calves Pasture Ln, Barnstable as shown on Map 259 Parcels 007-001, -002, -004. SE3-4717 The matter was withdrawn without prejudice. Denise G. Swan. Requesting confirmation of delineation of fresh water wetland and town-defined coastal bank at 170 Grand Island Dr., Oyster Harbors as shown on Assessors Map 053 Parcel 012-001. DA-08065 Via letter from her attorney, the applicant requested a continuance. A motion was made to continue the hearing to December 9th. Seconded and voted unanimously. V CERTIFICATES OF COMPLIANCE (ez = staff recommends approval) (* = on-going conditions) A. O’Gorman SE3-4606 (coc,ez) construct seasonal pier * B. Best SE3-0041 (coc,ez) fill low area, add loam, & seed A motion was made to approve the certificates. Seconded and voted unanimously. VI OLD & NEW BUSINESS A. Article I hearing: 45 Mitchell's Way, Hyannis

Assistant Town Attorney Charlie McLauglin attended the hearing.

A motion was made to decline interest in the parcel under Article 1.

Seconded and voted unanimously.

[Language in the deed will be considered which cautions about a no-disturb 50-foot buffer.]

A motion was made to adjourn.

Seconded and voted unanimously.

The time was 8:10 p.m.

MN111208 1



DATE: Wednesday, November 12, 2008 – 6:30 P.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 6:30 p.m. by Chairman Dennis R. Houle. Also attending were Commissioners Peter Sampou, Scott Blazis, Tom Lee, and Louise Foster. Vice-Chairman John Abodeely and Commissioner Larry Morin were away. Rob Gatewood, Conservation Administrator, assisted. The meeting was held in the Hearing Room, Barnstable Town Hall, Hyannis, MA. I MINUTES FOR APPROVAL A. October 21, 2008 B. October 28, 2008 A motion was made to approve the minutes (“A” – “B”). Seconded and voted unanimously. II REQUEST FOR DETERMINATION Elizabeth M. Ricci. Raise house and replace foundation; add new Title-5 septic system with retaining walls at 8 & 10 Sunset Ave., Centerville as shown on Assessors Map 226 Parcel 173. DA-08095 The applicant was represented by Mr. Eleuterio Ricci. Issues discussed:

• Limiting height of first floor to the 100-year flood height • Requiring filing of a Notice of Intent, in the event the project turns out to be “raze/rebuild” • Stone veneer for street-side retaining wall.

A motion was made to issue a negative determination. Seconded and voted unanimously. Issues discussed:

• Limiting the height of the first floor to the 100-year flood height • Requiring the filing of a Notice of Intent, in the event the project becomes “raze/rebuild”

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• Stone veneer for street-side retaining wall A motion was made to issue a negative determination. Seconded and voted unanimously. III NOTICES OF INTENT Town of Barnstable/Conservation Division. Mystic Lake, a 148 acre deep kettle hole lake located in Marstons Mills, Barnstable, experiences chronically low oxygen in its bottom waters during summer. Under these conditions, phosphorus is released from the bottom sediments. This internal release of stored nutrients is the primary source of total phosphorus to the lake, which is leading to increasing productivity in the form of algal blooms. To significantly reduce the internal phosphorus recycling and improve ecological and recreational functions of the lake, a nutrient inactivation (i.e., alum) treatment is proposed. SE3-_____ The applicant was represented by David Mitchell, PhD. Issues discussed:

• Dr. Mitchell provided an informative Power Point presentation. Wetland impacts would be very slight (300 sq. ft. to a bordering vegetated wetland), while water quality improvement would be significant.

• The appropriateness of a ten-year target for phosphorus load post-treatment. • The question of whether phosphorus-reducing septic systems should be prescribed for these watersheds.

Public Comment:

• Dr. John Doriss suggested that the Town do a study to determine the origin (septic system vs. farming) of phosphorus in Mystic Lake.

• Dr. Emory Anderson spoke in support of the project, while Carolyn Garbutt opposed it; Robert Frazee spoke in favor of the project. Al Baker asked if aeration might be an alternative to alum. Nancy Dawson had noticed a clear decline in water transparency. Lindsey Counsell spoke of water withdrawal to the bogs to the south, and possible need to adjust the phosphorus budget.

A motion was made to continue the hearing to January 20th. Seconded and voted unanimously. IV CERTIFICATES OF COMPLIANCE (ez = staff recommends approval) (* = on-going conditions) A. Saul SE3-4294 (coc,ez) permit existing landing, ramp, & floats * B. Wheeler SE3-4429 (coc,ez) raze & construct single-family dwelling * C. Cannistraro SE3-4659 (coc,ez) construct addition to single-family dwelling A motion was made to approve all the certificates (“A – “C”). Seconded and voted unanimously. V OLD & NEW BUSINESS A. Dinghy storage off-season at Ropes Beach Tomorrow’s meeting was noted. B. Other

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The Commission briefly discussed the recent prohibition of parking along Craigville Beach Road at the Centerville River Bridge. Staff will look into the origin of the action. A motion was made to adjourn. Seconded and voted unanimously. The time was 8:52 p.m.

MN112508amended 1



DATE: NOVEMBER 25, 2008 6:30 P.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 6:30 p.m. by Chairman Dennis R. Houle. Also attending were Vice-Chairman John Abodeely and Commissioners Peter Sampou, Scott Blazis, Larry Morin, Tom Lee, and Louise Foster. Rob Gatewood, Conservation Administrator, assisted. The meeting was held in the Hearing Room, Barnstable Town Hall, Hyannis, MA. I MINUTES FOR APPROVAL A. November 12, 2008 B. November 18, 2008 A motion was made to approve the minutes of November 12th (“A”), and to defer the minutes of November 18th (“B”). Seconded and voted unanimously (two abstentions). II REQUESTS FOR DETERMINATION Town of Barnstable/Growth Management Div. Work to be done at Hamblin’s Pond Landing, a Town-Way-to-Water, includes placing boulders as guides to keep vehicles off exposed tree roots. River birch and inkberry to be planted among boulders on three of four boat launches as further deterrent. Remaining area to be graded and covered with three-quarter-inch natural stone. Exposed roots to be covered with woodchips (non-pine); a parking area to be designated by signage on old Rte.149, to be swept/cleaned to create more parking space at 671 Route 149, Marstons Mills as shown on Assessors Map 101 Parcel 002. DA-08094 The applicant was represented by Alisha Parker. Issues discussed:

• Use of woodchips not allowed. • Matt Ostrowski cautioned that the turning radius should be considered for boat trailering.


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Mr. & Mrs. Horst Dorner. Plant native bayberry, beach plum, red cedar, service berry; transplant rhododendron to northeast property border. No existing vegetation to be removed at 200 North Bay Rd., Osterville as shown on Assessors Map 073 Parcel 011. DA-08096 The applicant was represented by Bruce Besse. Issues discussed:

• Brief discussion on suitability of naturalized plantings within the 50-foot buffer. A motion was made to issue a negative determination. Seconded and voted unanimously. III CONTINUANCES Richard M. & Anna Tocci. Construct and maintain a timber pier, ramp and float in North Bay at 80 Great Bay Rd., Osterville as shown on Assessors Map 093 Parcel 074. SE3-4764 The applicant was represented by Peter Sullivan, P.E., and Attorney Sarah Alger. The proposed pier would be a dinghy dock with no motor craft proposed. The pier would be seasonal. The Town Shellfish biologist recommended against the project. Issues discussed:

• Existing floodlights on the water • Relocating pier to existing opening in the marsh • Recognizing that the Commission is protecting the shellfish habitat at the site, which happens to be an

outstanding habitat Public Comment:

• Gerard Gainey, representing the Barnstable shellfish Committee, opposed the project. Andre Sampou, recreational shellfisherman, opposed the project, offering a letter and scientific report for the record. Lenny Clarke opposed the project, as did Matt Ostrowski. The latter offered some special conditions for protecting the shellfishery when piers are permitted.

• The Commission discussed the importance of protecting the shellfish habitat resource at the site. A deed restriction may be an important aid to enforcing future Orders of Condition.

• Attorney Alger noted that Commission regulations do not prohibit pier construction in an area designated “10.” The pier would only occupy 2.5% of the recreational watersheet at the site.

A motion was made to continue the hearing to December 16, 2008. Seconded and voted unanimously. IV AMENDED ORDERS Cape Cod Oyster. To amend SE3-4400 (install pier, FLUPSYs and dredge at 262 Bridge St., Osterville, Assessor’s Map 093 Parcel 021-001) to allow owner of adjacent property at 282 Bridge St., Osterville, to berth one pleasure craft at pier. SE3-4400 The applicant was represented by Peter Sullivan, P.E. Issues discussed:

• Does the restricted lot’s buildability for a pier need to be demonstrated in advance? • Specifications on proposed boat

MN112508amended 3

• Attorney John Kenney, representing Mr. Heathwood and Mr. McCaffery, abutters, reminded the Commission of his clients’ initial concern over conversion to recreational use.

A motion was made to continue the hearing to December 16th, with the requirement that the abutters and the Commission receive the requested information by December 12, 2008. Seconded and voted unanimously. V CERTIFICATES OF COMPLIANCE (ez = staff recommends approval) (* = on-going conditions) A. Patriot Builders SE3-4576 (coc,ez) raze & construct single-family dwelling * B. Trust SE3-4586 (coc,ez) add platform to existing pier * C. Jones SE3-4529 (coc,ez) manage invasive plants; repair shed * D. McCarthy SE3-4354 (coc,ez) raze & construct single-family dwelling * E. Bilodeau SE3-4407 (coc,ez) construct additions to single-family dwelling (not done) F. Goldstein SE3-4652 (coc,ez) construct guest cottage to sfd; upgrade septic * G. Bayberry Building SE3-4499 (coc,ez) construct single-family dwelling * A motion was made to approve all the above (“A – G”) certificates. Seconded and voted unanimously. VI OLD & NEW BUSINESS A. Shooting Range public hearing To be considered: 1) setting new hours of operation for the range flexing with the season (Ch. 702-2 sec. K 1 & 2).

Indicated closing times translate to range evacuated and locked for the night.

Monday through Saturday Sundays and Holidays Open Closed and locked Open Closed and locked

Starting Jan. 1 8:00 am - 4:00 pm 10:00 am - 4:00 pm Starting Mar. 8 8:00 am - 6:00 pm 10:00 am - 5:00 pm Starting Apr. 18 8:00 am - 7:00 pm 10:00 am - 5:00 pm Starting Aug. 24 8:00 am - 5:30 pm 10:00 am - 5:00 pm Starting Oct. 20 8:00 am - 3:30 pm 10:00 am - 3:30 pm

2) deleting hours of operation from the regulations and establishing them in a stand-alone schedule (similar to the

Fee Schedule) which can be amended year-to-year following public hearing without need to amend Ch. 702-2 sec. K 1 & 2.

3) establishing 12/31/08 as termination date for institutional use of the range (other than Barnstable Police Dept.),

with revisions to regulations to reflect the absence of this type use (Ch.702-1, 702-2 sec. M) 4) limiting guests accompanying permit holders to members of the immediate family (702-2 sec. A) Staff presented the proposed changes to §702 of the Town Code.

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Public Comment: • Letters from Joe Loud, Theodore Wahl, and Jennifer & John Burke expressed concern for restrictions with

regard to the range. • Brad Sprinkle of the Parrish Acres Homeowners Association expressed concern for nine ___________ • Joe Loud said that “guests” eventually become permit holders. • Andrea Sampou said he settled in Barnstable because of the shooting range. • Town Councilor Henry Farnham supported the proposed schedule. • Mark Cohen has been shooting at range since 1958 and expressed concern for attempts to close the range. • Sgt. Damery of the Barnstable Police Department, suggested posting a “last shot” times. He said guest

policy is “not broken – doesn’t need to be fixed.” The Commission put the hearing in context. They said the benefit from the loss of institutional use has not yet been realized, and the range has management issues which need to be addressed, e.g., drainage. A motion was made to take the matter under advisement, with the Commission discussion scheduled for January 6, 2009. Seconded and voted unanimously.

B. Corrected Order of Conditions/ Determinations

1) Steamship Authority. Dredging required to support Slip #2 realignment at 71 South St., Hyannis as shown on Assessors Map 326 Parcel 130. SE3-4770

A motion was made to correct the permit to enable the requested fall dredging, contingent upon Tom Marcotti’s agreement. Seconded and voted unanimously.

2) Elizabeth M. Ricci. Raise house and replace foundation; add new Title-5 septic system with retaining walls at 8 & 10 Sunset Ave., Centerville as shown on Assessors Map 226 Parcel 173.

Staff will report back following meeting with septic system designer. C. Clarification: Bothwell 2nd slip SE3-4740 Based upon specifications from the applicant’s consultant, the Edgewater draft provides less than the required 12” separation distance between propeller and bay bottom. D. Other None A motion was made to adjourn. Seconded and voted unanimously. The time was approximately 10:30 p.m.

MN120908 1


AMENDED MINUTES – CONSERVATION COMMISSION MEETING

DATE: DECEMBER 9, 2008 6:30 P.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 6:35 p.m. by Chairman Dennis R. Houle. Also attending were Vice-Chairman John Abodeely and Commissioners Scott Blazis, Larry Morin, Tom Lee, and Louise Foster. Commissioner Peter Sampou was away. Rob Gatewood, Conservation Administrator, assisted. The meeting was held in the Selectmen’s Conference Room, Barnstable Town Hall, Hyannis, MA. I MINUTES FOR APPROVAL A. November 18, 2008 A motion was made to approve the minutes. Seconded and voted unanimously. II REQUESTS FOR DETERMINATION Abbot L. & Lisa H. Gilman. Expand existing deck 18 feet ± towards Prince Cove to replace part of existing grass/lawn area at 500 Baxters Neck Rd., Marstons Mills as shown on Assessors Map 075 Parcel 006. DA-08097 The applicant was represented by Stephen Cook. Issues discussed:

• Question of whether lawn removal as mitigation should be required. A motion was made to issue a negative determination. No mitigation required. Seconded and vote: 5 aye; 1 nay. Davis & Nancy Bates, Trs. Vista pruning at 93 Salton Point Rd., Barnstable as shown on Assessors Map 280 Parcel 018. DA-08098 The matter was withdrawn. Bob, Lori & Nancy Parks. To seek approval for tree cutting and vista pruning performed to enlarge lawn at 429 Phinney’s Ln., Centerville as shown on Assessors Map 230 Parcel 099. DA-08099 The applicant requested a continuance via letter.

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(Parks, cont’d.) A motion was made to continue the hearing to January 20, 2009. Seconded and voted unanimously. No testimony was taken. III NOTICES OF INTENT Marlu LLC. Re-build licensed platforms, ramps and floats at 243 Millway Rd., Barnstable as shown on Assessors Map 300 Parcel 025. SE3-4783 The applicant was represented by Lynne Hamlyn. Issues discussed:

• The pier would be for commercial use, not subject to Commission’s Chapter 703 • Harbormaster’s concern that the berthed boat not be longer than the float • Revised plan showing pier angles

A motion was made to approve the project with special conditions. Seconded and voted unanimously. William & Mary L. Guarente. Remove existing pier, ramp and float and replace with new 40’ x 4’ pier, 12’ x 4’ ramp and 16’ x 8’ float at 101 Carriage Rd., Oyster Harbors, Osterville as shown on Assessors Map 071 Parcel 011-012. SE3-4782 The applicant was represented by Arlene Wilson, P.W.S. Issues discussed:

• Proposed boat is a Seafarer 22, drafting 31-32” with 200 hp outboard drive • Question of whether bathymetry is adequate; Commissioners requested additional • Malleability of proposed craft to meet Commission’s draft requirement • Five-foot waiver to the channel requirement

A motion was made to continue the hearing to January 20, 2009. Seconded and voted unanimously. Ramsay E. & Merrilee P. Crain. Construct detached garage with associated appurtenances at 749 & 767 South Main St., Centerville as shown on Assessors Map 185 Parcels 012-001 & 012-002. SE3-4775 The applicant was represented by Sarah Alger, Esq., and John O’Dea, E.I.T. Issues discussed:

• Possible exemption to “Riverfront” regulations as a minor exempt activity • Landscaping plan well-received

A motion was made to approve the project with special conditions. Seconded and voted unanimously. Anne R. Murphy. Construct and maintain ramp and pier in Lake Wequaquet at 173 Willow Run Dr., Centerville as shown on Assessors Map 210 Parcel 065. SE3-4776 The applicant was represented by John O’Dea, E.I.T.

MN120908 3

(Murphy, cont’d.) Issues discussed:

• A seasonal pier was proposed A motion was made to approve the project with special conditions. Seconded and voted unanimously. Town of Barnstable/DPW. Build new ADA accessible deck structure and access ramp on water side of existing beach house at 239 Millway Rd., Barnstable as shown on Assessors Map 301 Parcel 009. SE3-4774 The applicant was represented by Mark Marinaccio, architect. Issues discussed:

• To be ADA accessible • ACQ-treated stock to be used if possible • Question whether grated surface would be appropriate

Public Comment: Margaret Smith, abutter, was concerned that out of season the structure would not have any users, and that it would be a gathering place for “partiers.” A motion was made to approve the project with special conditions. Seconded and voted: 5 aye; 1 abstain.. IV CONTINUANCES Denise G. Swan. Requesting confirmation of delineation of fresh water wetland and town-defined coastal bank at 170 Grand Island Dr., Oyster Harbors as shown on Assessors Map 053 Parcel 012-001. DA-08065 The applicant requested a continuance via letter. A motion was made to continue the hearing to January 20, 2009. Seconded and voted unanimously. Robert Tyburski. Construct single-family house, recirculating sand filter, and associated utilities, with minimal amount of grading at 483 Lumbert Mill Rd., Barnstable as shown on Assessors Map 146 Parcel 021. SE3-4772 The consultant for the project indicated that the applicant desired to withdraw the application. However, nothing in writing had been received by Conservation to date. A motion was made to continue the hearing to December 16, 2008. Seconded and voted unanimously. V CERTIFICATES OF COMPLIANCE (ez = staff recommends approval) (* = on-going conditions) A. Cooperrider SE3-4209 (coc,ez) construct deck & addition to sfd * B. Hahn & DeVesto SE3-4484 (coc,ez) replace bulkhead; construct bank stairs * C. DeVesto SE3-4483 (coc,ez) replace bank stairs (not done); replace bulkhead * D. Hy-Line Cruises SE3-1813 (coc,ez) construct floating docks (not done)

MN120908 4

(Certificates of Compliance, cont’d.) E. Gomez SE3-1202 (coc,ez) construct retaining wall, deck, & bank stairs * F. Seapuit Partners SE3-4375 (partial coc,ez) construct pier, ramp, float & walkway * G. Daley SE3-4410 (coc,ez) construct addition to sfd; upgrade septic * H. O’Connor SE3-4495 (coc,ez) raze & construct sfd; rebuild bank stairs * I. Walker SE3-0790 (coc,ez) relocate cottage & install septic systems * J. George SE3-4641 (coc,ez) construct single-family dwelling * A motion was made to approve all the certificates (“A – J “). Seconded and voted unanimously. VI EXTENSIONS A. Town of Barnstable Conservation Division SE3-3953, Hydrilla control, previously extended 4 yrs.; seeking additional 3 yrs. The applicant was represented by Rob Gatewood. No concerns arose. A motion was made to table the matter to January 6, pending public notice. Seconded and voted unanimously. VII OLD & NEW BUSINESS A. Proposed Agriculture Commission role The proposed “facilitator” role of the Agriculture Commission was discussed. Staff suggested that an informal referral process would be a better idea. An ordinance-required referral process could bind the hands of Commission enforcement staff. Written comments from Commissioners were solicited by the chair to facilitate his response to the Agriculture Commission. B. Maintaining beach nourishment The Commission discussed pros and cons of allowing maintenance of beach nourishment. In the end, good file documentation and staff controls will enable the Commission to allow it as a maintenance function. The measure passed with five votes “aye,” and one vote “nay.” C. Clarifications on Ricci, DA-08095 A motion was made to allow the first floor elevation of 13.25 ft., consistent with Board of Health approval. Seconded and voted unanimously. D. Wequaquet Lake Water Quality Assessment on Town Web Page Noted E. Other

MN120908 5

None (Hearing, cont’d.) A motion was made to adjourn. Seconded and voted unanimously. The time was 8:49 p.m.

MN121608 1



DATE: DECEMBER 16, 2008 – 6:30 P.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 6:30 p.m. by Chairman Dennis R. Houle. Also attending were Vice-Chairman John Abodeely and Commissioners Tom Lee, Peter Sampou, Larry Morin, and Louise Foster. Commissioner Scott Blazis was away. Rob Gatewood, Conservation Administrator, assisted. The meeting was held in the Hearing Room, Barnstable Town Hall, Hyannis, MA. I COMMISSION REORGANIZATION A motion was made to re-nominate Dennis Houle for Chairman. Seconded and voted unanimously. A motion was made to nominate Tom Lee for Vice Chairman. Seconded and voted unanimously. The Chair expressed his thanks to John Abodeely for his many years of service and leadership to the Commission. Commissioner Abodeely will remain on the board. II MINUTES FOR APPROVAL A. November 25, 2008 B. December 2, 2008 A motion was made to approve the minutes of November 25th, as amended, and to approve the minutes of December 2nd, as submitted. Seconded and voted unanimously. III REQUESTS FOR DETERMINATION Christian Camp Meeting Association. Septic system upgrade at 915 Craigville Beach Rd., Centerville as shown on Assessors Map 225 Parcel 001. DA-08100 The applicant was represented by Mike Pimental.

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(Christian Camp Meeting Assoc., cont’d.) Issues discussed: None A motion was made to issue a negative determination. Seconded and voted unanimously. IV NOTICES OF INTENT Craig & Ana Weatherley. Demolish/remove existing residence; construct new single-family residence and appurtenant utilities at 85 Salten Point Rd., Barnstable as shown on Assessors Map 280 Parcel 013. SE3-4778 The applicant was represented by Jack Vaccaro and Oliver Orwig. Issues discussed:

• Sogginess of lower lawn; perhaps area best planted in wetland plants • Since project involves razing house, restoring lawn within 50-feet of wetlands • “Snugging” work limit closer to house construction after demolition • A landscaping plan has been developed, but not available at hearing

A motion was made to approve the project with special conditions, subject to receipt of landscaping restoration plan developed in consultation with staff. Seconded and voted unanimously. Teresa Boyd. Remove existing patio and retaining walls; construct stone retaining walls, patio and wood deck; install kayak storage rack and landscaping at 97 Salten Point Rd., Barnstable as shown on Assessors Map 280 Parcel 019. SE3-4777 The applicant was represented by Steve Wilson, P.E. and Bruce Besse. Issues discussed:

• Nature and scope of project warrants buffer zone mitigation • Restored buffer 20–25 feet wide discussed

Public Comment: Davis Bates raised concern for potential loss of his view. The consultants agreed that the stone wall would not exceed 40 feet in length. Dr. Calvin said the kayak rack is subject to storm tides. He added that the marsh edge fluctuates from 4–6 feet. Nancy Bates said storm tides rise to the edge of the existing patio. The Chair added that Mr. Bates issues were outside the realm of the Commission regulations. A motion was made to approve the project with special conditions. Seconded and voted unanimously. Steven E. Hirsch, Tr./131 Ocean View Realty Trust. Renovations to existing single-family residence at 131 Ocean View Ave., Cotuit as shown on Assessors Map 034 Parcel 060. SE3-4779 The applicant was represented by Michael Borselli, P.E. Issues discussed:

MN121608 3

(Hirsch/131 Ocean View, cont’d.) • A DEP bank exists at the site, but ordinance jurisdiction begins further downslope. The project resides

outside of Commission jurisdiction under the ordinance. Thus, no buffer zone mitigation was required. A motion was made to approve the project with special conditions. Seconded and voted unanimously. Jack & Christina Rooze. Proposed addition, patio and deck 90’–100’ from resource; retaining walls with re-grading and driveway with Stormwater control 50’–100’ from resource at 430 Huckins Neck Rd., Centerville as shown on Assessors Map 233 Parcel 030. SE3-4781 The applicant was represented by Daniel Ojala, P.E. Issues discussed:

• Drywells proposed • Need for 0 – 50-ft. mitigation • Snugging-up work limit to edge of grading • A paved drive with drainage basin proposed • A buffer 10 – 20 feet in width was suggested by the Commission • No boxes or flammable materials in shed.

A motion was made to approve the project with special conditions. Seconded and voted unanimously. Gisela O’Neil. Addition of garage and deck to existing house (1000 sq. ft.); install new septic system; remove invasive plants and lawn behind house; install shrubs in mitigation area of 2200 sq. ft. at 34 Mt. Vernon Ave., Hyannisport as shown on Assessors Map 287 Parcel 114. SE3-4785 The applicant was represented by Steve O’Neil and Peter Hansen. Issues discussed:

• Restoration plan well-conceived. A motion was made to approve the project with special conditions. Seconded and voted unanimously. V RECONSIDERATION Steven C. & Jennifer M. Walske. Reconsideration of pier footprint only for the approved construction and maintenance of a timber pier, ramp and float at 47 Sunset Point, Osterville as shown on Assessors Map 051 Parcel 015. SE3-4765 The applicant was represented by John O’Dea and Peter Sullivan, P.E. Issues discussed:

• Total waiver requested is only 7 feet with no change in use being gained • The revision better positions the pier in the center of the lot • For the abutters, Attorney Michael Princi said the repositioning better centers the pier. The abutters

will be seeking a shared pier; they will submit a letter expressing their agreement to a future binding condition on same.


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(Walske, cont’d.) Seconded and voted unanimously. VI CONTINUANCES Richard M. & Anna Tocci. Construct and maintain a timber pier, ramp and float in North Bay at 80 Great Bay Rd., Osterville as shown on Assessors Map 093 Parcel 074. SE3-4764 The applicant was represented by Sarah Alger and Peter Sullivan, P.E. Issues discussed:

• A revised plan was submitted previously, repositioning the pier and shortening it since no motorcraft was proposed

• The seasonal pier would be out of the water when the shellfising season occurs at the site • All piling is 4" x 4." An 8' x 16' float was preferred by the Commission

Public Comment: Lengthy and detailed comments emerged against the project from Lenny Clarke, Dick Ansen of BARS, Bob Sylva, Fred Dempsey, Matt Ostrowski, Andre Sampou, Paul Wausiluski, Betty Silva.

• It is, perhaps, the only site in Town where new shellfish setting occurs. A rating of 10 was awarded the area, – highest shellfish significance.

A motion was made to approve the project with special conditions. Seconded and voted: 4 votes – “Aye;” 2 votes – “Nay.” Cape Cod Oyster. To amend SE3-4400 (install pier, FLUPSYs and dredge at 262 Bridge St., Osterville, Assessor’s Map 093 Parcel 021-001) to allow owner of adjacent property at 282 Bridge St., Osterville, to berth one pleasure craft at pier. SE3-4400 The applicant was represented by Attorney Sarah Alger and Peter Sullivan, P.E. Issues discussed:

• A plan was submitted showing a potential pier on the lot proposed for restriction • The lot would be restricted “no pier,” in perpetuity • The boat would not exceed 28' LOA

A motion was made to approve the amendment with special conditions. Seconded and voted unanimously. Robert Tyburski. Construct single-family house, recirculating sand filter, and associated utilities, with minimal amount of grading at 483 Lumbert Mill Rd., Barnstable as shown on Assessors Map 146 Parcel 021. SE3-4772 The filing was withdrawn, via letter. VII CERTIFICATES OF COMPLIANCE (ez = staff recommends approval) (* = on-going conditions) A. Patriot Builders SE3-4423 (coc,ez) raze & construct single-family dwelling * B. Bogle SE3-1762 (coc,ez) landscaping, boardwalk, & grading (none done) C. Kiefer (McShane) SE3-0710 (coc,ez) construct single-family dwelling *

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(Certificates, cont’d.) D. Oyster Harbors Club SE3-4398 (coc,ez) raze & construct clubhouse * E. Vollman SE3-4372 (coc,ez) construct addition to single-family dwelling * F. Cotuit Partners SE3-4682 (coc,ez) landscaping; replace path steps * G. Hyannis Yacht Club SE3-4275 (coc,ez) construct additions to club house (not done) H. Hill SE3-3974 (coc,ez) landscaping; hardscaping; modify 2nd–story of sfd * A motion was made to approve the certificates (“A – H”). Seconded and voted unanimously. VIII OLD & NEW BUSINESS A. Town of Barnstable Cons. Div. SE3-4754 Estey Ave. WTW revised plan footprint A motion was made to approve the revised plan. Seconded and voted unanimously. B. Other None A motion was made to adjourn. Seconded and voted unanimously. The time was 10:15 p.m.

MN010609 1



DATE: JANUARY 6, 2009 – 6:30 P.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 6:30 p.m. by Chairman Dennis R. Houle. Also attending were Vice-Chairman Tom Lee and Commissioners John Abodeely, Peter Sampou, Scott Blazis, and Larry Morin. Commissioner Louise Foster was away. Rob Gatewood, Conservation Administrator, assisted. The meeting was held in the Selectmen’s Conference Room, Barnstable Town Hall, Hyannis, MA REMEMBERING The Commission commented on the memorable life of Attorney Pat Butler, who died unexpectedly Jan 1. He was fondly remembered in comments by Commissioners Morin, Blazis and Abodeely. I MINUTES FOR APPROVAL A. December 9, 2008 A motion was made to approve the minutes, as amended. Seconded and voted unanimously. II NOTICES OF INTENT Mary C. Kariotis. To construct a single-family dwelling with driveway, utilities, landscaping and associated appurtenances at 63 Pirates Cove, Osterville as shown on Assessors Map 051 Parcel 007-003. SE3-4780 The applicant was represented by John O’Dea, E.I.T. Issues discussed:

• No waiver of the Buffer Zone Regulation was required; however, the Commission expressed concern for the clearing and development of the 50 – 100 foot buffer

• A revised construction work limit will be forthcoming, tighter to the house, but allowing a bit more room off the southwest corner of the house

• The Commission anticipates that a future landscaping work limit may be submitted and that staff will determine its footprint.


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William S. & David H. Abbott, Trustees, Cedarchip Realty Trust. To demolish existing dwelling and construct new single-family dwelling approximately ten feet further landward, and to rebuild existing deck with proposed spa at 148 Windswept Way, Osterville as shown on Assessors Map 052 Parcel 003. SE3-4784 (Abbott, cont’d.) The applicant was represented by John O’Dea, E.I.T. Issues discussed:

• The new house was being proposed in the same footprint as the existing house • The proposed increase in hardscape area was requested. It was less than 500 sq. ft. • The spa proposed on the seaward end of the deck was problematic to the Commission • Another spa drywell was requested by the Commission • A continuous band of native vegetation, 10 feet wide across the property from the top of the coastal bank,

would represent a 3:1 planting mitigation. A motion was made to approve the project with special conditions. Seconded and voted unanimously. William T. Stubler, Jr., Trustee. Maintenance of existing features within wetlands jurisdiction (in-ground stairs, retainage, path, beach, bathhouse and deck, groins) and manual control of bamboo at 422 Turtleback Rd., Marstons Mills as shown on Assessors Map 062 Parcel 007. SE3-4786 The applicant was represented by Arlene Wilson, P.W.S. Issues discussed:

• The proposal was to maintain “in place and mostly in kind” the existing timber retainage and deck, changing house stairs.

• A sketch plan of the proposed work limit line was provided • Waste material will be removed daily; there will be no stockpiling • Vista pruning consistent with guidelines was proposed • Bamboo removal was also requested • A revised plan was requested, showing the dimension of the retaining wall, etc.

A motion was made to approve the project with special conditions. Seconded and voted unanimously. Elizabeth Liguori. Install new foundation under existing single-family dwelling; construct addition to single-family dwelling at 95 Kearsarge Ave., W. Hyannisport as shown on Assessors Map 225 Parcel 017. SE3-4787 The applicant was represented by Brad Hall. Issues discussed:

• The proposed addition over the deck will be two-story • Verification on elevation relative to the coastal floodplain needed • Elevation views of the house needed

A motion was made to approve the project with special conditions. Seconded and voted unanimously. III EXTENSIONS

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Town of Barnstable/Conservation Division. Request for Extension of permit SE3-3953, Hydrilla control project at Long Pond, Centerville using herbicide Sonar®. The applicant was represented by Keith Gazaille of Aquatic Control Technolgy (ToB/Conservation, cont’d.) Discussion: The northern species of hydrilla is spreading, and produces tubers much more quickly than the southern type. The Long Pond population of hydrilla has been treated since 2002. It has proved difficult to eradicate. Opening to late summer/fall boat use for fishing may be forthcoming. The possibility of herbicide resistance was discussed. A scenario for future use of triploid grasscarp was postulated. Public Comment: None A motion was made to issue a two-year extension, contingent upon a later-season opening to public fishing and public boat use in consultation with staff. Seconded and voted unanimously. IV UNDER ADVISEMENT Ch. 702 (shooting range regulations): proposed revisions Issues discussed: With this matter under advisement, the Commission weighed the merits of the staff-proposed changes to hours of operation against a proposal put forth by Commissioner Abodeely. The Commissioner favored a lesser reduction in available shooting hours, which was embraced by the Commission. Other changes were proposed, e.g., deletion of other law enforcement agency uses; deletion of hours of operation from the regulations; and, the creation of a “separate hours schedule.” Commissioner Abodeely’s proposal to allow up to three guests to accompany a permit holder was also received favorably by the Commission. The following motions were made: Motion #1: A motion was made to delete law enforcement agencies other then the Barnstable Police Department from Sec. 702-1, and to delete Section “M” entirely. Seconded and voted unanimously. Motion #2: A motion was made to delete hours of operation from the regulations and establish them as a separate schedule. Seconded and voted unanimously. Motion #3: A motion was made to approve the following hours of operation: Monday – Saturday 8:00 a.m. – one-half hour before sunset* Sundays & Holidays 10:00 a.m. – 5:00 p.m., or one-half hour before sunset (whichever is earlier)* *The property must be vacated by closing time. The last shot time is 15 min before closing time. Seconded and voted: 5 votes “Aye;” 1 vote “Nay”

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Motion #4: A motion was made to limit permit holders to no more than three accompanying guests, and to hold the permit holder responsible for them; any rule violation shall be enforceable against the permit holder. (Shooting Range, cont’d.) Seconded and voted unanimously. V CERTIFICATES OF COMPLIANCE (ez = staff recommends approval) (* = on-going conditions) A. Hyannisport Club SE3-4319 (coc,ez) install irrigation system on golf course * B. Saul SE3-0044 (coc,ez) permit existing pier C. Godley SE3-0761 (coc,ez) construct single-family dwelling * E. Egan / Crosby SE3-4299 (coc,ez) replace boat storage sheds * F. Egan SE3-4255 (coc,ez) fill and grade area beneath former buildings G. Hash SE3-4401 (coc,ez) elevate existing sfd; upgrade septic system * H. Bay Road RT SE3-4547 (coc,ez) construct single-family dwelling * I. Friend SE3-4126 (coc,ez) upgrade septic system * J. Kurker SE3-3661 (coc,ez) install floats (not done); dredging * K. Prentiss SE3-3669 (coc,ez) relocate and reconstruct pier, ramp & float * L. Geminiani SE3-3807 (coc,ez) construct single-family dwelling * M. Oyster Harbors SE3-0795 (coc,ez) dispose dredge material onto Dead Neck N. Stephenson SE3-1791 (coc,ez) construct single-family dwelling (not done) O. Mayne SE3-0464 (coc,ez) construct single-family dwelling (not done) A motion was made to approve all (“A” – “O”) of the certificates. Seconded and voted unanimously. VI OLD & NEW BUSINESS A. Commissioner Blazis discussed an interest in increasing filing fees. The Commission agreed that staff should go forward with preparing a draft fee schedule, incorporating the fee increases. B. Commissioner Abodeely expressed the Commission’s commendation of our Legal Department and their ongoing efforts in the Gargano case. A motion was made to adjourn. Seconded and voted unanimously. The time was 9:19 p.m.

MN012009 1



DATE: January 20, 2009 – 6:30 P.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 6:30 p.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 MINUTES FOR APPROVAL A. September 2, 2008 as amended B. December 16, 2009 C. January 6, 2009 as amended A motion was made to approve the minutes (“A – C”). Seconded and voted unanimously. II REQUESTS FOR DETERMINATION Denise G. Swan. Requesting confirmation of delineation of fresh water wetland and town-defined coastal bank at 170 Grand Island Dr., Oyster Harbors as shown on Assessors Map 053 Parcel 012-001. DA-08065 The applicant requested a continuance by letter. A motion was made to continue the hearing to February 17, 2009. Seconded and voted unanimously. No testimony was taken. Town of Barnstable/Conservation Div. Control phragmites by mowing or other recommended methods (e.g., glyphosate drip method or tarping) at two sites 97 Bridge St., Osterville, Map 116 Parcel 120, and 210 Scudder’s Ln., Barnstable, Map 259 Parcel 009. Also requesting approval to similarly treat other small pioneer infestations of Phragmites wherever they occur in Town in future. DA-09001 The applicant was represented by Rob Gatewood. Issues discussed:

• Scope of project - Commission desired pilot project restricted to just two sites

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(Tob/Conservation, cont’d.) • Method of removal – Commission had concerns with unproven mowing method • Frequency of cutting • Viability of cut fragments • Reporting back on results from mowing method (if used) at two-year intervals

A motion was made to issue a negative determination. Seconded and voted: 5 votes “Aye;” 1 vote “Nay.” TD Bank. The proposed work consists of minor modifications/maintenance of existing paved areas and existing landscape materials in the southwestern corner of the site, a small portion of which is located within the 100-foot buffer at 226 Falmouth Rd., Hyannis as shown on Assessors Map 293 Parcel 033. DA-09004 The applicant was represented by Josh Wheerling Issues discussed:

• Two trees to be planted within the limit of the work • Existing drainage goes to leaching basins • A StormCeptor unit will be added.

A motion was made to issue a negative determination. Seconded and voted unanimously. III NOTICES OF INTENT Ralph Stoesser. Replace existing culvert and construct drive with ditch crossing at 3641 Route 6A, Barnstable as shown on Assessors Map 317 Parcel 041. SE3-4788 The applicant was represented by Lynne Hamlyn. Issues discussed:

• Pervious drive • Pipe to be outsized to provide suitable substrate • Pervious pavers on drive up the slope on other side of ditch • Cessation of mowing in historically mown wetland • Mitigation for proposed impact 14:1 • Extent of driveway within 50 foot buffer • Possibility of planting as part of the mitigation • Mitigating driveway impacts 2:1 within the 50-foot buffer • Request to Massachusetts Audubon for assistance in locating possible turtle garden sites

A motion was made to approve the project with special conditions. Seconded and voted unanimously. Wayne & Barbara Archambeault. Construct single-family dwelling at 40 Hollidge Hill Ln., Marstons Mills as shown on Assessors Map 102 Parcel 199. SE3-4789 The applicant was represented by Andrew Garulay, R.A. Issues discussed: None

MN012009 3

(Archambeault, cont’d.) A motion was made to approve the project with special conditions. Seconded and voted unanimously. Town of Barnstable/DPW. Repair severely deteriorated sheet pile bulkhead at West Bay Road by constructing cantilevered sheet pile bulkhead placed approximately10 inches seaward from existing structure at terminus of West Bay Rd., Osterville/Barnstable as shown on Assessors Map 116 (parcel n/a). SE3-4790 The applicant was represented by Bob Burgmann, P.E. and Brian Jones, P.E. Issues discussed:

• Drainage improvements were proposed as part of the project • Per plan, new bulkhead to be located to outside of existing one. However, if troublesome to higher level

regulatory agencies, bulkhead will be placed to inside. A motion was made to approve the project with special conditions. Seconded and voted unanimously. IV CONTINUANCES Town of Barnstable/Conservation Division. Mystic Lake, a 148 acre deep kettle hole lake located in Marstons Mills, Barnstable, experiences chronically low oxygen in its bottom waters during summer. Under these conditions, phosphorus is released from the bottom sediments. This internal release of stored nutrients is the primary source of total phosphorus to the lake, which is leading to increasing productivity in the form of algal blooms. To significantly reduce the internal phosphorus recycling and improve ecological and recreational functions of the lake, a nutrient inactivation (i.e., alum) treatment is proposed. SE3-4773 The applicant was represented by Rob Gatewood. A continuance was requested to allow time for further discussions with Massachusetts NHESP. A motion was made to continue the hearing to March 31, 2009. Seconded and voted unanimously. No testimony was taken. Bob, Lori & Nancy Parks. To seek approval for tree cutting and vista pruning performed to enlarge lawn at 429 Phinney’s Ln., Centerville as shown on Assessors Map 230 Parcel 099. DA-08099 The applicant did not attend the hearing. Issues discussed:

• The request was for future vista pruning and fescue lawn (occasionally mowed, but keeping a meadow look)

• Vista pruning would be done per Conservation guidelines A motion was made to issue a negative conditional determination. Seconded and voted unanimously. William & Mary L. Guarente. Remove existing pier, ramp and float and replace with new 40’ x 4’ pier, 12’ x 4’ ramp and 16’ x 8’ float at 101 Carriage Rd., Oyster Harbors, Osterville as shown on Assessors Map 071 Parcel 011-012. SE3-4782

MN012009 4

(Guarente, cont’d.) The applicant was represented by Arlene Wilson, P.W.S. Issues discussed:

• A revised plan revealed adequate depth for the craft proposed A motion was made to approve the project with special conditions. Seconded and voted unanimously. V CERTIFICATES OF COMPLIANCE (ez = staff recommends approval) (* = on-going conditions) A. TOB/MEA SE3-4088 (coc,ez) management of ORVs by recreational users at Sandy Neck B. TOB/MEA SE3-4145 (coc,ez) management of ORVs by cottage owners at Sandy Neck C. TOB/DPW SE3-1700 (coc,ez) beach nourishment & construct groin at Veterans Beach D. Ryan SE3-4285 (coc,ez) replace & modify deck, patio, & retaining wall * E. Leonard SE3-0854 (coc,ez) construct condominiums (not done) F. West End Dev. SE3-0758 (coc,ez) construct condominiums (not done) G. West End Dev. SE3-0730 (coc,ez) construct condominiums (not done) H. TOB/DPW SE3-3462 (coc,ez) repair & modify revetment; beach nourishment at Dowses Beach I. TOB/DPW SE3-3570 (coc,ez) repair sidewalk adjacent to cranberry bog J. Shah SE3-4705 (coc,ez) construct tennis court * K. Shah SE3-4672 (coc,ez) construct addition to single-family dwelling * L. Oyster Harbors SE3-4448 (coc,ez) extend travel lift pier (not done) Yacht Basin M. Stubler (Glassman) SE3-0092 (coc,ez) construct pier (not done) A motion was made to approve all certificates (“A – M”). Seconded and voted unanimously. VI OLD & NEW BUSINESS A. Public Meeting Law The Chair announced an upcoming Public Meeting Law and Conflict of Interest Laws Workshop on February 12th at 7:00 p.m. B. MACC Spring Conference The Chair reminded the Commission of the upcoming MACC Spring Conference, February 28th, all day.

MN012009 5

VII EXECUTIVE SESSION A. To discuss pending litigation; Commission will not return to public session following executive session. At 7:45 p.m., a motion was made to enter executive session to discuss pending litigation, and to not return to public session afterwards. Seconded and voted by roll call: Houle – “Aye” Lee – “Aye” Morin – “Aye” Blazis – “Aye” Foster – “Aye” Sampou – “Aye”

MN021709 1



DATE: February 17, 2009 – 6:30 P.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 6:30 p.m. by Chairman Dennis R. Houle. Also attending were Vice-Chairman Tom Lee and Commissioners, Scott Blazis, Larry Morin, and Louise Foster. Commissioners John Abodeely and Peter Sampou were away. Rob Gatewood, Conservation Administrator, assisted. The meeting was held in the Hearing Room, Barnstable Town Hall, Hyannis, MA. I MINUTES FOR APPROVAL A. January 13, 2009 B. January 20, 2009 C. January 20, 2009 Executive Session A motion was made to approve the minutes (“A – C”). Seconded and voted unanimously. II REQUESTS FOR DETERMINATION Thomas Vogt. Vista pruning at 22 Crossway Place, Osterville as shown on Assessors Map 165 Parcel 057. DA-09006 The applicant was represented by Steve Wilson, P.E. Issues discussed:

Vista pruning guidelines to apply Previous vista corridors to be utilized Path to water to be clearly defined at 4-foot width Benefit of providing detail in application

A motion was made to issue a negative determination, with the provision that the applicant must submit for staff approval vista corridor photos or sketch prior to initiation. Seconded and passed: 4 votes – “Aye;” 1 vote “Nay.”

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Denise G. Swan. Requesting confirmation of delineation of fresh water wetland and town-defined coastal bank at 170 Grand Island Dr., Oyster Harbors as shown on Assessors Map 053 Parcel 012-001. DA-08065 (continued from previous hearing) The applicant requested a continuance via letter. A motion was made to continue the hearing to March 17, 2009. Seconded and voted unanimously. No testimony was taken. Norma Weinberg. Construct/install fence between lawn and beach; shrub planting at 82 Hayes Rd., Centerville as shown on Assessors Map 210 Parcel 165. DA-09009 The applicant was represented by Phil Cheney. Issues discussed:

A six-inch space beneath the fence to be provided. A motion was made to issue a negative determination. Seconded and voted unanimously. Samuel Baxter/Baxter’s Fish ‘n’ Chips & Boathouse Club. Install sewer pump system and connection to town sewer along with pavement, curbed island, and utility repair at 117 Pleasant St., Hyannis as shown on Assessors Map 326 Parcel 050. (Continued from 2/3/09) DA-09007 Commissioner Tom Lee recused himself. The applicant was represented by Justin Lambreau. Issues discussed:

Will replace existing Title-5 system. A motion was made to issue a negative determination. Seconded and voted unanimously. III NOTICES OF INTENT Geoffrey & Laura Rehnert. Remove existing steps; construct pool, pool patio and cabana within buffer to State-defined coastal bank. Limit of work to be ±85 feet from bordering vegetated wetland at 282 Seapuit Rd., Osterville as shown on Assessors Map 095 Parcel 007-001. SE3-4794 The applicant was represented by Steve Wilson, P.E., and Phyllis Cole. Issues discussed:

No new hardscape was proposed within Chapter 237 jurisdiction. Mrs. Cole proposed that the area beneath the oaks be returned to native groundcover. The area is

approximately 11,000 sq. ft. in size. The gesture was warmly received by the Commission. A revised plan will be submitted. Buffer Zone Regulations do not govern he proposed project


MN021709 3

Doug B. & Elizabeth D. Evans. Reconstruct existing stone revetment on coastal bank at 125 Harbor Bluffs Rd., Hyannis as shown on Assessors Map 325 Parcel 120. SE3-4796 The applicant was represented by Bob Perry, P.E. Issues discussed:

The proposed revetment will be moved landward, occupying 700 sq. ft. less coastal beach. Where not revetted, the bank is proposed for replanting using coastal-hearty species A detailed construction protocol was provided Reconstructing the stairs at 4-foot width.

A motion was made to approve the project with special conditions. Seconded and voted unanimously. Mass. Highway. Improve existing intersection with roadway configuration revisions and fully actuated signal system at Falmouth Road and Cotuit Road/Prince Avenue in Hyannis. SE3-_____ The applicant was represented by Gene Crouch, Tom Currier, P.E., and Joe Magni,, PE and project manager. Issues discussed:

In addition to new signals, the reconfigured roadway will be cold-planed and resurfaced Overall, about 500 sq. ft. reduction in impervious surface will be realized The project is a redevelopment in terms of the riverfront area Work will be performed in 2 stages: fall/winter 2009 and fall/winter 2010.

A motion was made to approve the project with special conditions. Seconded and voted unanimously. Town of Barnstable/DPW. Construct approximately 894 feet of sidewalk on south side of Ocean Avenue. The sidewalk will typically be a 7-foot hot mix asphalt walkway; also install highway guard rails, curbing and berms at Ocean Ave. from Keyes Beach parking lot, 894 feet past Stewart’s Creek. SE3-4797 The applicant requested a continuance via letter. A motion was made to continue the hearing to April 21, 2009. No testimony was taken. Seconded and voted unanimously. Gordon F. Warren. Construct 3-bedroom dwelling on existing foundation with associated improvements at 55 Circuit Ave., Hyannis as shown on Assessors Map 324 Parcel 055. SE3-4799 The applicant was represented by Matt Farrell. Issues discussed:

Rebuilding an existing foundation The driveway will be removed from the 50-foot buffer; the new drive will drain away from the house and

wetland 900 sq. ft. was proposed as vegetative mitigation Tree limbing allowable, if approved by staff following consultation with the arborist


MN021709 4

IV CERTIFICATES OF COMPLIANCE (ez = staff recommends approval) (* = on-going conditions) A. Town of Barnstable/DPW SE3-3552 (coc,ez) Maple Street, WB improvements * B. Town of Barnstable/DPW SE3-3713 (coc,ez) Howland Lane, WB improvements * C. Greene SE3-4362 (coc,ez) construct single-family dwelling (not done) D. Kaneb SE3-4296 (partial coc,ez) add ramp & float to existing pier * E. Town of Barnstable/DPW SE3-3791 (coc,ez) construct elevated deck at Dowses Beach F. Capizzi SE3-4347 (coc,ez) construct additions to sfd (not done) A motion was made to approve all (“A – F”) certificates. Seconded and voted unanimously. V OLD & NEW BUSINESS A. The Commission discussed the differences between Town and State definitions of coastal banks. A motion was made to adjourn. Seconded and voted unanimously. The time was 8:03 p.m.

MN030309 1



DATE: March 3, 2009 – 6:30 P.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 6:30 p.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 MINUTES FOR APPROVAL A. February 10, 2009 A motion was made to approve the minutes. Seconded and voted unanimously. II REQUESTS FOR DETERMINATION Steward Goodwin. Construct 12' x 16' addition to existing house at 801 Old Post Road, Cotuit as shown on Assessors Map 073 Parcel 008-003. DA-09010 The applicant was represented by Stephen Wilson, P.E. Issues discussed:

Tightening the work limit A motion was made to issue a negative determination. Seconded and voted unanimously. Micki & Steve Hirsch. Install new septic tank to replace existing one at 149 Ocean View Ave., Cotuit as shown on Assessors Map 033 Parcel 015. DA-09003 The applicant was represented by Michael Borselli, P.E. Issues discussed: None A motion was made to issue a negative determination.

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(Hirsch, cont’d.) Seconded and voted unanimously. William Riley/Rycon Group. Construct two new covered porches at 59 Locust Ave., W. Barnstable as shown on Assessors Map 197 Parcel 028. DA-09005 The applicant was represented by Donald Schall. Issues discussed:

Porches found to be exempted from possible Rivers Act jurisdiction. No ruling has been made on the latter.

A motion was made to issue a negative determination. Seconded and voted unanimously. The 33 Maywood Avenue LLC. Construct accessory structure in the floodplain, with associated appurtenances including septic tank, utilities, driveway extension, and native plantings at 33 Maywood Ave., Hyannisport as shown on Assessors Map 287 Parcel 129. DA-09008 The applicant was represented by Peter Sullivan, P.E. Issues discussed: None A motion was made to issue a negative determination. Seconded and voted unanimously. Barbara L. Walsh. Install 4 stone stairs above dock and 7 stone steps in lawn between deck and dock; repair/replace retaining wall and fireplace and install 17' x 31' terrace; replace front and side walks at 111 Pond View Dr., Centerville as shown on Assessors Map 229 Parcel 026. DA-09014 The applicant requested a continuance via letter. A motion was made to continue the hearing to March 17th. Seconded and voted unanimously. III NOTICES OF INTENT William Riley. Construct additions to existing single-family house and garage. Additions to include enclosed living space, screened porches, wooden deck, and work studio attached to existing garage at 73 Locust Ave., W. Barnstable as shown on Assessors Map 197 Parcel 029. SE3-4798 The applicant was represented by Donald Schall. Issues discussed:

The created landscape feature, now regulated wetland, was constructed between 1938 and 1952. All proposed work lies within existing lawn. Reduction of lawn proposed for mitigation on a 3:1 basis. Meadow proposed as replacement. It would be

~3,000 sq. ft. in area. The 50-foot buffer lacking from plans Deck will be 1/4-inch spaced To remove glass and metal near wetland flag #21 The Commission asked that another 3,000 sq. ft. of mitigation be provided, up to a total of 6,000 sq. ft. Address of 59 Locust Avenue may also be included in mitigation area, at applicant’s discretion

MN030309 3

(Riley, cont’d.)

Mowing to be once a year, in the fall A motion was made to approve the project with special conditions. Seconded and voted unanimously. Robert J. and Susan J. Bothwell. Replace licensed float with new 8' x 18' float; relocate, license, and maintain bench, hand-powered boat lift and kayak rack at 252 Clamshell Cove Rd., Cotuit as shown on Assessors Map 005 Parcel 004. SE3-4793 The applicant was represented by Arlene Wilson, P.W.S. Issues discussed:

Filing made only under the Massachusetts Wetlands Protection Act Ms. Wilson asked that boat-use considerations not be applied to the impending decision The record of SE3-4740 was incorporated into this record

A motion was made to incorporate the previous record (SE3-4740) and issue an identical Order of Conditions. Seconded and voted unanimously. Jane Smith. Repair existing dock structure on Middle Pond at 60 Flume Ave., Marstons Mills as shown on Assessors Map 061 Parcel 009. SE3-4800 The applicant was represented by Kirsten Ryan. Issues discussed:

Filing in response to enforcement action MA NHESP found no adverse impact The existing structure is less than optimal in terms of design The Commission discussed possible design changes (deck plank spacing, pile design and deck materials)

upon next maintenance A motion was made to approve the project with special conditions requiring that, upon the occasion of the next maintenance, the applicant shall consult with the Conservation Division regarding deck-plank spacing, pile design and decking materials. Seconded and voted unanimously. Alan Shoemaker/Christian Camp Meeting Association. Vegetation management plan involving vista pruning, removal of invasive plants, tree thinning, girdling of trees to enhance wildlife habitat value, etc.; landscape improvements, e.g., lawn restoration at 932 Craigville Beach Rd., 19 and 45 Prospect Ave., Centerville as shown on Assessors Map 226 Parcels 009, 019, and 183. SE3-4801 The applicant was represented by Norman Hayes and Brad Holmes. Issues discussed:

Project described as vista pruning for wildlife habit improvement Landscape improvement proposed in old lawn area at top of bank Vegetative management plan was described by Mr. Holmes Concern for any shading reduction to the stream – Mr. Hayes said nothing would be touched. Some pitch

pine will be girdled for wildlife habitat, but not those over interior wetland. The project was well-received.

Alexander & Shulamit Bresler. Raze existing residence; construct new single-family residence with attached garage, porch and patio within same general footprint; install Title-V compliant SAS; remove paved driveway at 120 Pond St., Osterville as shown on Assessors Map 118 Parcel 102. SE3-4803

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(Bresler, cont’d.) The applicant was represented by Donald Schall. Issues discussed:

No waivers were requested Concern was expressed for proximity of work-limit line to steep slope Doubled haybales will be provided along the work limit Removing floodlight from bank and pondshore area.

A motion was made to approve the project with special conditions. Seconded and voted unanimously. IV CERTIFICATES OF COMPLIANCE (ez = staff recommends approval) (* = on-going conditions) A. Neuben SE3-3871 (coc,ez) construct addition to single-family dwelling * B. Jones SE3-4457 (coc,ez) raze & construct single-family dwelling * C. Bradley SE3-4581 (coc,ez) raze & construct single-family dwelling * D. Remmes SE3-4267 (coc,ez) reconstruct retaining wall (not done) E. Day SE3-0058 (coc,ez) construct concrete boat ramp, add stones F. Riley SE3-4374 (coc,ez) construct retaining wall, patio, & deck * G. Faulk SE3-4430 (coc,ez) permit and modify deck, ramp & float and permit existing shed * A motion was made to approve all the certificates. Seconded and voted unanimously. V OLD & NEW BUSINESS A. Request for appearance The e-mail request for appearance by Mr. Rob Anderson of Cape Cod MX Track, Inc., was discussed. The Commission expressed their appreciation of the request but, in the end, it was not the direction they wished to pursue. B. E-filing of applications The Commission briefly discussed E-filing of NOI’s with the DEP. In a related matter, Commissioners expressed an interest in scaling-back the amount of paper they are receiving. C. Open Meeting Law The Chair updated the Commission on the recent Open Meeting Law Workshop. He encouraged Commissioners not to take part in multiple cc’s of e-mail on conservation-related issues. With regard to the shooting range, the Chair informed the Commission that he would seek a meeting with the Town Manager. A motion was made to adjourn.

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(motion to adjourn, cont’d.) Seconded and voted unanimously. The time was 8:40 p.m.

MN031709 1



DATE: March 17, 2009 – 6:30 P.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 6:30 p.m. by Chairman Dennis R. Houle. Also attending were Vice-Chairman Tom Lee and Commissioners, Peter Sampou, and Larry Morin. Commissioners John Abodeely, Scott Blazis, and Louise Foster were away. Rob Gatewood, Conservation Administrator, assisted. The meeting was held in the Selectmen’s Conference Room, Barnstable Town Hall, Hyannis, MA. I MINUTES FOR APPROVAL A. February 17, 2009 A motion was made to approve the minutes. Seconded and voted unanimously. II REQUESTS FOR DETERMINATION Denise G. Swan. Requesting confirmation of delineation of fresh water wetland and town-defined coastal bank at 170 Grand Island Dr., Oyster Harbors as shown on Assessors Map 053 Parcel 012-001. DA-08065 (continued from prior hearing) WITHDRAWN The application was withdrawn. Town of Barnstable/Conservation Division. Remove invasive gray willows to a 6 – 12-inch stump where the new “Danforth Property” walking trail terminates at the waters edge on Mystic Lake. Tree removal locus at 970 Race Ln., Marstons Mills as shown on Assessors Map 083 Parcel 007; tree unloading locus (pending consent) at 137 Regency Dr., Marstons Mills as shown on Assessors Map 063 Parcel 081. Alternative unloading locus at Mystic town landing off Race Lane. DA-09011 The applicant was represented by Rob Gatewood. Issues discussed:

The lack of any critical habitat provided by grey willow The lack of any bank stabilization provided by the species.


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(RDA’s, cont’d.) Sam Yee. Construct 7'7" x 12' deck on west wall using two sona tubes for support at 135 Lakeside Dr., East, Centerville as shown on Assessors Map 252 Parcel 091. DA-09012 The applicant was represented by Joseph Vaughn. Issues discussed: no concerns arose. A letter from an abutter opposed to the project was noted. A motion was made to issue a negative determination. Seconded and voted unanimously. William Devaney. Title-5 septic system upgrade at 120 Main St., Centerville as shown on Assessors Map 208 Parcel 057. DA-09013 The applicant was represented by Jack Vaccaro. Issues discussed: no concerns arose. A motion was made to issue a negative determination. Seconded and voted unanimously. Town of Barnstable/Growth Management Division. Improve, expand and maintain existing path behind Barnstable Senior Center to include light trail clearing and trimming to widen path to approx. four feet; trimming to define path to Dunn’s Pond; remove dead trees; create sitting area with bench near pond; maintain trail from high school to pond. Work to be done at 825 Falmouth Rd./Rte. 28, Hyannis as shown on Assessors Map 271 Parcel 097, and (pending consent) at 744 W. Main St., Hyannis as shown on Assessors Map 249 Parcel 094. DA-09017 The applicant was represented by Nicole Frame. Issues discussed: no concerns arose. A motion was made to issue a negative determination. Seconded and voted unanimously. Barbara L. Walsh. Install 4 stone stairs above dock and 7 stone steps in lawn between deck and dock; repair/replace retaining wall and fireplace and install 17' x 31' terrace; replace front and side walks at 111 Pond View Dr., Centerville as shown on Assessors Map 229 Parcel 026. DA-09014 Continued from 3/03/09 The applicant was represented by Suzanne O’Keefe Issues discussed:

A low-maintenance plant design was proposed; The patio will be dry-laid, with a dimension of 20’x 28’; The Commission sought additional pond-fringe buffer plants; Consultation with the Conservation Agent required for additional shrubs buffering the pond.


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III NOTICES OF INTENT Peter Baxter. Construct bank-access stairs and pier with ramp and float, plantings at 278 Clamshell Cove Rd., Cotuit as shown on Assessors Map 005 Parcel 002. SE3-4809 The applicant was represented by Arlene Wilson, P.W.S. Issues discussed:

The float attains 1.6 feet of depth at mean low water (MLW); A shellfish survey was conducted showing marginal habitat, no recruitment, with lots of muck. Some

shellfish occur in the marsh; A lawn-edge berm was proposed to correct a bank erosion problem. A gulley would be filled with loamy

sand and planted; Proposing a boat draft similar to those of boats moored in the vicinity; A non-grated pier deck over the marsh was proposed; A shellfish survey from the Town found some soft-shell clam recruitment; The Chair mentioned that the habitat rating of “9” was subject to rebuttal; The Chair said that adjacent moorings in shallow water were irrelevant to the Commission’s deliberations; The Division of Marine Fisheries comment letter was discussed and believed to be valid in all respects; Question of whether a pier-end platform was better than a float for this site.

A motion was made to approve the project with special conditions, limiting the pier to non-motorized craft only, and paralleling the Longfields, LLC, Order which is adjacent to the site. Seconded and voted unanimously. Robin & Laurie Young. Construct small additions to existing house, remove existing deck and construct new deck, revise landscaping and mitigation planting at 142 Great Bay Rd., Osterville as shown on Assessors Map 072 Parcel 032-002. SE3-4791 (continued from 2/3/09) The applicant was represented by Stephen Wilson, P.E., Michael Neath, and Tom Swenson, R.A. Issues discussed:

New deck will be ACQ-treated or synthetic. Approximately 100 sq. ft of additional deck is proposed in the 50-foot buffer; The Commission asked for a second tulip poplar in the planting plan.

A motion was made to approve the project with special conditions. Seconded and voted unanimously. Fine Wine Realty Trust. Raze and replace single-family dwelling at 247 Scudder Rd., Osterville as shown on Assessors Map 139 Parcel 015. SE3-4792 The applicant was represented by Daniel Ojala, P.E. and Andrew Garulay, R.L.A. Issues discussed:

The 50-foot buffer where existing grasses will be planted in wildlife mix A special effort was made in locating the new septic and in handling site runoff challenges.


MN031709 4

(NOI’s, cont’d.) Colonial Gas d/b/a National Grid. Gas pipeline replacement at Falmouth Rd./Route 28 as shown on Assessors Map 145, 144, & 146 in Barnstable (Marstons Mills, Centerville, Osterville). SE3-4795 The applicant requested a continuance to 3/31/09. A motion was made to continue the hearing to 3/31/09. Seconded and voted unanimously. No testimony was taken. IV CERTIFICATES OF COMPLIANCE (ez = staff recommends approval) (* = on-going conditions) A. Town of Barnstable/DPW SE3-0087 (coc,ez) replace headwall for runoff pipes * B. LaPoint (Awad) SE3-4357 (coc,ez) reconstruct bulkhead; maintain stairs, deck,

& patio * C. Town of Barnstable/DPW SE3-3436 (coc,ez) reconstruct Old Shore Road, Cotuit * D. Fitzgerald SE3-4466 (coc,ez) reconstruct bulkhead * E. Vages SE3-3779 (coc,ez) construct road for subdivision * F. Korkuch SE3-4368 (coc,ez) raze & construct garage (not done) G. Cook (Williams) SE3-4280 (coc,ez) upgrade septic system (not done) A motion was made to approve all the above certificates (“A – G”). Seconded and voted unanimously. V OLD & NEW BUSINESS A. Other None A motion was made to adjourn. Seconded and voted unanimously. The time was 8:26 p.m.

MN033109 1



DATE: March 31, 2009 – 6:30 P.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 6:30 p.m. by Chairman Dennis R. Houle. Also attending were Vice-Chairman Tom Lee and Commissioners, Peter Sampou, Larry Morin, and Louise Foster. Commissioner John Abodeely was away and Commissioner Scott Blazis was ill. Darcy Karle, Conservation Agent, assisted. The meeting was held in the Hearing Room, Barnstable Town Hall, Hyannis, MA. I MINUTES FOR APPROVAL A. March 3, 2009 A motion was made to approve the minutes. Seconded and voted unanimously. II REQUESTS FOR DETERMINATION Oyster Harbors Club, Inc. Upgrade/repair septic system for beach cabana/bath house at 170 Grand Island Dr., Osterville as shown on Assessors Map 053 Parcel 012-001. DA-09015 The applicant was represented by Peter Sullivan, P.E. Issues discussed:

Leak test needed for tank. A motion was made to issue a negative determination, subject to results of a leakage test. Seconded and voted unanimously. Stephen & Jane Woelfel. Permit and maintain 2nd-story deck at 140 Short Beach Rd., Centerville as shown on Assessors Map 206 Parcel 106. DA-09018 The applicant was represented by Arlene Wilson, P.W.S. Issues discussed:

Check on drainage requirements.

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(Woelfel, cont’d.) A motion was made to issue a negative determination, subject to a check by staff on prior drainage requirements. Seconded and voted unanimously. Town of Barnstable/Growth Management Div. Re-grade parking lot/add new stone; extend split-rail fence on west side of parcel to end of parking area; brush clearing; fix split-rail fence near entrance and place boulder to deter vehicles from driving over shoulder; loam/seed west side of entrance; brush-clear around fence; remove metal dinghy poles/replace with dinghy rack at 71 Bridge St., Osterville as shown on Assessors Map 116 Parcel 119. DA-09019 The applicant was represented by Nicole Frame. Issues discussed: no concerns arose. A motion was made to issue a negative determination. All cutting to be done in consultation with staff; staff to report back on effectiveness of [kayak] racks. Seconded and voted unanimously. Michael D. Garnett. Trimming and clearing or removal of hedge, bushes and pampas grass at 169 Salten Point Rd., Barnstable as shown on Assessors Map 301 Parcel 003. DA-09021 The applicant attended the hearing. Issues discussed:

Question of whether species labeled is pampas grass or phragmites; If phragmites, correct measures must be used for its removal by licensed herbicidal applicator; Project should be considered as a vista pruning request only.

A motion was made to issue a negative determination; standard vista pruning guidelines to apply; phragmites removal will require a future filing of an NOI, and working with a licensed applicator. Seconded and voted unanimously. Barnstable Land Trust. Restore native blackberry vines; remove Oriental Bittersweet from small patch of upland along Gosnold St. that edges marsh. Bittersweet to be cut at its base – no herbicide to be used, at 21 and 23 Gosnold St., Hyannis as shown on Assessors Map 324 Parcel 044 and 110. DA-09020 The applicant was represented by Red Banfield. Issues discussed: no concerns arose. Seconded and voted unanimously. III NOTICES OF INTENT Arthur Perry, Jr. & Judith Kozlowski. Demolish existing dwelling; construct new single-family dwelling with patio, spa, and all appurtenances at 35 Little River Rd., Cotuit as shown on Assessors Map 053 Parcel 003. SE3-4802 The applicant was represented by Peter Sullivan, P.E., and Attorney Michael Ford. Issues discussed: no concerns arose.

MN033109 3

(Perry/Kozlowski, cont’d.) A motion was made to approve the project with special conditions: a planting plan shall be submitted in consultation with staff. Seconded and voted unanimously. Roger Berman. Demolish/remove existing residence; construct new residence and garage/barn, driveway, utilities; remove stump from inland bank; install 2 gates opposite dock and boat ramp at 164 Point of Pines Rd., Centerville as shown on Assessors Map 230 Parcel 069. SE3-4805 The applicant was represented by Jack Vaccaro. The Chair read a letter from the NHESP Program. Issues discussed:

Three-to-one mitigation should be implemented following Chapter 704 Town Code, enhancing the 50-foot buffer zone

Submit statistics of existing hardscape versus proposed hardscape Looking for mitigation around whole parcel.

A motion was made to approve the project with special conditions: four items from MESA letter to be referenced in the special conditions; statistics for hardscape now versus hardscape later, and incorporate 3 – 1 mitigation around the property. Seconded and voted unanimously. John & Alicia Gonsalves. Re-construct existing in-ground walkway with elevated walkway; construct platform/deck structure near shed at lower level at 21 Beechwood Rd., Centerville as shown on Assessors Map 252 Parcel 002. SE3-4808 The applicant was represented by Wayne Tavares. Issues discussed:

Question of whether old steps should be removed. A motion was made to approve the project with special conditions: Temporary grass seeding to be done until planting takes hold when steps are removed; annual reports submitted every growing season, for a period of three years. Seconded and voted unanimously. Joan Remmes-Foy. Upgrade existing septic system and replace retaining wall at 536 Shootflying Hill Rd., Centerville, as shown on Assessors Map 193 Parcel 029. SE3-4807 The applicant appeared at the hearing, and was represented by Brian Grady of G.A.F. Engineering. Issues discussed:

If a change of project from a patio to a deck is desired, applicant must submit a revised plan at a morning hearing.

A motion was made to approve the project with special conditions: subject to mitigation, in consultation with staff, and/or a 3 – 1 mitigation plan for a patio. Plants to be placed along waterfront. Seconded and voted unanimously.

MN033109 4

IV CONTINUANCES Town of Barnstable/Conservation Division. Mystic Lake, a 148 acre deep kettle hole lake located in Marstons Mills, Barnstable, experiences chronically low oxygen in its bottom waters during summer. Under these conditions, phosphorus is released from the bottom sediments. This internal release of stored nutrients is the primary source of total phosphorus to the lake, which is leading to increasing productivity in the form of algal blooms. To significantly reduce the internal phosphorus recycling and improve ecological and recreational functions of the lake, a nutrient inactivation (i.e., alum) treatment is proposed. SE3-4773 Requesting continuance to 6/30/09 A motion was made to continue the hearing to June 30, 2009. Seconded and voted unanimously. Colonial Gas d/b/a National Grid. Gas pipeline replacement at Falmouth Rd./Route 28 as shown on Assessors Map 145, 144, & 146 in Barnstable (Marstons Mills, Centerville, Osterville). SE3-4795 (from 2/3/09) The applicant was represented by Brad Malo. Issues discussed: no concerns arose. A motion was made to approve the project with special conditions. Seconded and voted unanimously. V CERTIFICATES OF COMPLIANCE (ez = staff recommends approval) (* = on-going conditions) A. Town of Barnstable/DPW SE3-3553 (coc,ez) install generator on concrete pad * B. Edmonds SE3-4355 (coc,ez) construct additions to sfd (not done) C. Talbott SE3-4428 (coc,ez) reconstruct retaining wall; modify driveway; miscellaneous hardscaping & landscaping * D. Demko SE3-4442 (coc,ez) construct addition to sfd * A motion was made to approve all (“A – D”) certificates. Seconded and voted unanimously. VI OLD & NEW BUSINESS A. none A motion was made to adjourn Seconded and voted unanimously. The time was 8:10 p.m.

MN040709 1



DATE: April 7, 2009 – 6:30 P.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 6:30 p.m. by Chairman Dennis R. Houle. Also attending were Vice-Chairman Tom Lee and Commissioners Scott Blazis, Larry Morin, and Louise Foster. Commissioners John Abodeely and Peter Sampou were away. Rob Gatewood, Conservation Administrator, assisted. The meeting was held in the Selectmen’s Conference Room, Barnstable Town Hall, Hyannis, MA. I MINUTES FOR APPROVAL A. March 17, 2009 A motion was made to approve the minutes. Seconded and voted unanimously. II REQUESTS FOR DETERMINATION Association of the Cotuit Mosquito Yacht Club, Inc. Remove dog leg of straight pier, adding two 12-foot floats to the south and four feet on existing last float in the easterly direction at 95 Old Shore Rd., Cotuit as shown on Assessors Map 036 Parcel 044-002. DA-09016 The applicant was represented by Tom Burgess. Issues discussed:

The project was a way to accommodate more skiffs and crash boats, given the lack of available mooring space.

A motion was made to issue a negative determination. Seconded and voted unanimously. Richard P. Callahan, Tr. Replace existing pool with a 10-foot landward expansion and replace pool apron with deck, with a 5-foot expansion at 177 Seapuit River Rd., Osterville as shown on Assessors Map 070 Parcel 014. DA-09022 The applicant was represented by Peter Sullivan, P.E. Issues discussed:

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MN040709 2

(Callahan, cont’d.)

Pool disinfection will be upgraded to current Commission standard. A motion was made to issue a negative determination. Seconded and voted unanimously. James W. Padula. Convert existing deck (same footprint) to a 3-season room with 30-inch walls (screens/windows above); the roof to be a 2nd-floor deck with access from 2nd floor bedroom; new sona tubes will be used at 78 Ladd Rd., Centerville as shown on Assessors Map 206 Parcel 078. DA-09023 The applicant attended the hearing. Issues discussed: no concerns arose. A motion was made to issue a negative determination. Seconded and voted unanimously. Joanne Hooker. Repair and replace existing steps at 112 Nye’s Neck Rd. East, Centerville as shown on Assessors Map 232 Parcel 011-002. DA-09024 Withdrawn The application was withdrawn. III NOTICES OF INTENT Ronald Sidman. Construct stairway and elevated walkway; landscaping; permit existing deck on Middle Pond at 372 Wheeler Rd., Marstons Mills as shown on Assessors Map 081 Parcel 004. SE3-4806 The applicant was represented by Stephen Wilson, P.E. Issues discussed:

A revised plan was recently submitted; NHESP sign-off was received via letter; The pondshore deck was widely discussed; some Commissioners expressed concern for it; The use of mulch to prevent erosion was discussed. In the final analysis, it was deleted; Path width not to exceed four feet.

A motion was made to approve the project with special conditions. Seconded and voted unanimously. Michael Folk. Improvements to existing single-family dwelling, including raze, remove and reconstruct part of structure and modify part of structure to conform to construction standards in flood zone; rebuild decks, upgrade septic system; maintain existing meadow community at 67 Caillouet Ln., Osterville as shown on Assessors Map 141 Parcel 097. SE3-4811 The applicant was represented by Lynne Hamlyn. Issues discussed:

The project would conform with the building code for flood plain construction; Septic would be removed from the 100-foot buffer; Mitigation proposal found adequate overall; Any existing unpermitted deck shall require an additional one-to-one mitigation.


MN040709 3

(Folk, cont’d.) Seconded and voted unanimously. Peter Favat. Permit existing deck addition, two kayak racks, brick cellar access walk, potting bench and rubbish box; remove hardscape, lawn areas and sprinkler heads and replant with native plantings; remove kayak platform, two 4 x 4 posts and easterly stairway from deck at 373 Bay Ln., Centerville as shown on Assessors Map 187 Parcel 002. SE3-4810 The applicant was represented by Peter Sullivan, P.E. and Attorney John Kenney. Issues discussed:

The filing was in response to enforcement action. A proposed restrictive covenant is presently being worked out with the Town Attorney’s office.

Public comment:

Marilyn Asiaf, abutter, complained about the applicant obtaining an as-built approval of the unauthorized work.

A preliminary vote was taken at the request of the Town Attorney. The project received majority support. A motion was made to continue the hearing to April 21, 2009. Seconded and voted unanimously. Michael & Wendy Kelly. Addition of 10' x 10' deck with spa; driveway expansion; upgrading of wood entrance deck to stone; fence; remove 3 trees; replace shrubs; add privet hedge; mitigation plantings at 63 Folsom Ave., Hyannis as shown on Assessors Map 324 Parcel 056. SE3-4812 The applicant was represented by Peter Hansen. Issues discussed:

Mitigation planting provided at three-to-one; A draw-down basin was required by the Commission for the proposed spa; Replacing the oversized spa Norway Spruce with a suitable replacement; Defining the no-mow zone with bounds.

A motion was made to approve the project with special conditions. Seconded and voted unanimously. IV REVISED PLAN Town of Barnstable/D.P.W. SE3-4774 HC access deck timing, materials Issues discussed: no concerns arose. A motion was made to approve the revised plan. Seconded and voted unanimously. V CERTIFICATES OF COMPLIANCE (ez = staff recommends approval) (* = on-going conditions) A. Benedetto SE3-3722 (coc,ez) replace and extend culvert * B. Silvia SE3-4679 (coc,ez) construct addition to sfd *

MN040709 4

(Certificates, cont’d.) C. TOB/DPW SE3-3599 (coc,ez) install sewer main & road work D. Kaneb SE3-4296 (coc,ez) add ramp & float to existing pier; dredging * A motion was made to approve all (“A – D”) certificates. Seconded and voted unanimously. VI OLD & NEW BUSINESS A. Paperwork-reducing NOI’s A motion was made to approve a paper-reduction policy for Notice of Intent submissions. Seconded and voted unanimously. B. Proposed Galloway, Cotuit, Conservation Restriction Jaci Barton of the Barnstable Land Trust attended the hearing. A conservation restriction on the Galloway property, which the Town would hold, was discussed. A motion was made to approve the Galloway conservation restriction, to be held by the Conservation Commission on behalf of the Town. C. Other – None. A motion was made to adjourn. Seconded and voted unanimously. The time was 8:03 p.m.

MN042109 1



DATE: April 21, 2009 – 6:30 P.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 6:30 p.m. by Chairman Dennis R. Houle. Also attending were Vice-Chairman Tom Lee and Commissioners Peter Sampou, Larry Morin, and Louise Foster. Commissioners John Abodeely and Scott Blazis were away. Rob Gatewood, Conservation Administrator, assisted. The meeting was held in the Hearing Room, Barnstable Town Hall, Hyannis, MA. I MINUTES FOR APPROVAL A. March 24, 2009 A motion was made to approve the minutes. Seconded and voted unanimously. II REQUESTS FOR DETERMINATION Pittsburgh National Bank, Trs. Construct new septic system to replace exiting cesspool. Septic tank to be 48' from top of coastal bank (precast concrete seawall). Leach field to be 100' away from top of coastal bank at 129 Island Ave., Squaw Island, Hyannisport as shown on Assessors Map 265 Parcel 018-002. DA-09025 The applicant was represented by Stephen Wilson, P.E. Issues discussed: no concerns arose. A motion was made to issue a negative determination. Seconded and voted unanimously. Carl Syriala. Upgrade existing failed cesspool septic system to Title-5 (no proposed construction); relocation of existing well at 1630 Main St., W. Barnstable as shown on Assessors Map 197 Parcel 024. DA-09026 The applicant was represented by Daniel Ojala, P.E. Issues discussed:

Debris and brush need to be cleaned up in the course of the project.

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(Syriala, cont’d.) A motion was made to issue a negative determination. Seconded and voted unanimously. Town of Barnstable/G.M.D. Fill in space between concrete slabs with native crushed stone. Larger stones to be placed along edge of ramp to hold crushed stone in place; rebury cable at 85 Old Shore Rd., Cotuit, as shown on Assessors Map 035 Parcel 072. DA-09027 The applicant was represented by Nicole Frame. Issues discussed:

Whether the interior repair would be long-lasting A report back to the Commission after the first season of use

A motion was made to issue a negative determination. Seconded and voted unanimously. III NOTICES OF INTENT Eric Slifka. House renovations, construct additions, decks, patios, pool, retaining walls and landscaping at 131 Ocean View Ave., Cotuit as shown on Assessors Map 034 Parcel 060. SE3-4813 The applicant was represented by Jack Vaccaro and Bruce Besse. Issues discussed:

Planting mitigation falls short of 3:1. Consultation with staff in attaining the desired ration was suggested. The existing meadow area will be preserved, and will be expanded to provide the additional mitigation. Meadow will be mowed only twice or fewer times per year.

A motion was made to approve the project with special conditions. Seconded and voted unanimously. Frank Frisoli. Proposed addition to existing residential dwelling 23' x 20' to be built over existing concrete slab at 74 Hawes Ave., Hyannis as shown on Assessors Map 324 Parcel 104. SE3-4814 The applicant was represented by John O’Reilly, P.E. Issues discussed:

Drywells/gravel trenches will be installed to leach roof runoff on the additional end on the backside of the existing house.

The new walkway will be deleted. A motion was made to approve the project with special conditions. Seconded and voted unanimously. Olaf Thorp. Construct deck accessory to existing single-family dwelling at 41 Hayward Rd., Centerville as shown on Assessors Map 186 Parcel 081. SE3-____ The applicant was represented by Lynne Hamlyn. Issues discussed:

The Building Commission allowed the application to go forward with the DCPC overlay.

MN042109 3

(Thorp, cont’d.)

Drainage for the existing outdoor shower. Will work with staff to ensure that runoff is leached or otherwise contained.

A motion was made to approve the project with special conditions. Seconded and voted unanimously. David Gould. Construct elevated stairway and boat house; vista pruning at 139 Regency Dr., Marstons Mills as shown on Assessors Map 063 Parcel 073. SE3-____ The applicant was represented by Lynne Hamlyn. Issues discussed:

The pier has been removed. Existing in-ground steps will be allowed to degrade in place Cedar shakes would enable the structure to blend into the landscape Need for a construction protocol Vista pruning was proposed protocol also The possibility of the shed serving as a precedent Need for a rendering for the boat shed Access to the boat shed just on beach side. Upon discussion, the boat shed portion of the project was withdrawn from the Notice of Intent filed under

MGL Ch. 131 Sec. 40. A motion was made to approve the project with special conditions under Ch. 237 of the Town Ordinance. Seconded and carried: 3 votes “Aye; 2 votes “Nay.” A motion was made to approve the project (with the boat shed portion having been withdrawn) under MGL Ch. 131 Sec. 40. Seconded and voted unanimously. A motion was made under the State act only to approve the project under MGL Ch. 131 Sec. 40. Seconded and voted unanimously. IV CONTINUANCES Town of Barnstable/DPW. Construct approximately 894 feet of sidewalk on south side of Ocean Avenue. The sidewalk will typically be a 7-foot hot mix asphalt walkway; also install highway guard rails, curbing and berms at Ocean Ave. from Keyes Beach parking lot, 894 feet past Stewart’s Creek. SE3-4797 REQUESTING FURTHER CONTINUANCE The applicant, via letter, requested a further continuance. A motion was made to continue the hearing to June 16, 2009. Seconded and voted unanimously. Peter Favat. Permit existing deck addition, two kayak racks, brick cellar access walk, potting bench and rubbish box; remove hardscape, lawn areas and sprinkler heads and replant with native plantings; remove kayak platform, two 4 x 4 posts and easterly stairway from deck at 373 Bay Ln., Centerville as shown on Assessors Map 187 Parcel 002. SE3-4810

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(Favat, cont’d.) No one appeared at the hearing. A mutually agreeable language for the restrictive covenant was entered to the record. A motion was made to approve the project with special conditions. Seconded and voted unanimously. V CERTIFICATES OF COMPLIANCE (ez = staff recommends approval) (* = on-going conditions) A. Town of Barnstable/DPW SE3-3406 (coc,ez) install road drainage along Harvard Street, Hyannis * B. Maguire SE3-4348 (coc,ez) permit existing path, shed, & fence * C. Weinstein SE3-4481 (coc,ez) construct pool, cabana, other hardscaping * D. Smith SE3-4800 (coc,ez) permit existing dock/deck * A motion was made to approve all certificates. Seconded and voted unanimously. VI EXTENSION PERMITS A. Hyannisport Club SE3-4498 pumphouse 1st request; 3 yrs No one represented the Club with regard to the request for an extension. A motion was made to approve a three-year extension. Seconded and voted unanimously. VII REVISED PLANS A. Hyannisport Club SE3-4498 pumphouse extend deck The applicant was represented by Peter Sullivan, P.E. Issues discussed:

Existing erosion on coastal bank to be corrected. A motion was made to approve the revised plan. Seconded and voted unanimously. B. Steamship Authority SE3-4642 new slip timing Commissioner Tom Lee recused himself. The applicant was represented by William Cloutier, P.E. A motion was made to approve the revised plan. Seconded and voted unanimously.

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VIII OLD & NEW BUSINESS A. The Chair sought and obtained assurance from Commissioners that a quorum would be present for the May

5th meeting. B. Sandy Neck Beach clean-up will be held this Saturday at 9:30 a.m. A motion was made to adjourn. Seconded and voted unanimously. The time was 8:23 p.m.

MN050509 1



DATE: May 5, 2009 – 6:30 P.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 6:30 p.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, as was Rob Gatewood, Conservation Administrator. The meeting was held in the Hearing Room, Barnstable Town Hall, Hyannis. I MINUTES FOR APPROVAL A. March 31, 2009 B. April 7, 2009 A motion was made to approve the minutes (“A – B”). Seconded and voted unanimously. II REQUESTS FOR DETERMINATION Bartlett Tree Experts. Cut invasive gray willow trees to 6-12 inch stumps. Work to be done from water side; all debris to be removed from site via raft over water for proper disposal. Each stump to be painted with Glyphosate (Rodeo) using paint brush to suppress new sprouts and kill roots; one follow-up treatment may be applied to help further limit new sprouts. Work to be done along shorelines of Hamblin Pond, Middle Pond, and Mystic Lake, Marstons Mills as shown on Assessors Map (various) Parcel (various). DA-09030 The applicant was represented by Holly Hobart, President of Indian Ponds Association. Issues discussed: no concerns arose. A motion was made to issue a negative determination. Seconded and voted unanimously. Samuel Yee. Enlarge approved new deck from 8' x 12' to 10' x 12'; install 3' x 6" concrete retaining wall; excavate under new deck for storage at 135 Lakeside Dr. East, Centerville as shown on Assessors Map 252 Parcel 091. DA-09029

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(Yee, cont’d.) The applicant was represented by Jim Miller of Vaughn Home Builders, Inc. Issues discussed:

Revised dimensions for retaining wall 3½ feet tall and 8 inches wide. Will submit new drawing; Storage – no gasoline or other toxic chemicals below deck.

A motion was made to issue a negative determination, upon submission of a new drawing. Seconded and voted unanimously. III CERTIFICATES OF COMPLIANCE (ez = staff recommends approval) (* = on-going conditions) A. Town of Barnstable / DPW SE3-3550 (coc,ez) install sewer main along Rt. 28 * B. Murphy SE3-4065 (coc,ez) reconstruct retaining wall * C. Mattison SE3-4628 (coc,ez) replace and modify pier * D. Thompson SE3-4232 (coc,ez) permit existing cottages * A motion was made to approve all certificates (“A – D”). Seconded and voted unanimously. A motion was made to adjourn. Seconded and voted unanimously. The time was 6:40 p.m.

MN051909 1



DATE: May 19, 2009 – 6:30 P.M.

LOCATION: 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 John Abodeely, Peter Sampou, Scott Blazis, Larry Morin, and Louise Foster. Rob Gatewood, Conservation Administrator, assisted. I MINUTES FOR APPROVAL A. April 21, 2009

B. May 5, 2009 A motion was made to approve the minutes (“A – B”). Commissioner Abodeely abstained from the vote, as he was not present at the meetings. Seconded and voted: 6 votes – “Aye;” II REQUESTS FOR DETERMINATION Dennis B. Collins. For privacy screen, propose to plant 10 Thuja “Green Giant” trees (approx. 6’ high when planted; 25’ to 30’ when mature) on east property line at 145 Lakeside Drive East, Centerville as shown on Assessors Map 252 Parcel 090. DA-09028 The applicant attended the hearing. Issues discussed: no concerns arose. A motion was made to issue a negative determination. Seconded and voted unanimously. Town of Barnstable/Growth Management Dept. Remove and dispose of 2 concrete uprights along edges of entranceway; replace with 4 wooden pole bollards; remove sand from around parking bumper; add ¾" native dense grade to parking lot and re-grade at Oregon Beach, Main Street, Cotuit at end of road between Map/Parcels 016-013 and 016-014. DA-09031 The applicant was represented by Nicole Frame.

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Issues discussed: Dinghy access to be provided via 4 – 5-feet of access avenue between bollards.

(ToB/GMD, cont’d.) The possible need for emergency fire access.

A motion was made to issue a negative determination. Seconded and voted unanimously. John Spargo. Upgrade septic system with pump chamber and leach field at 188 Marchant Mill Way, Hyannisport as shown on Assessors Map 266 Chamber 024 & 037. DA-09032 The applicant was represented by Steve Wilson, P.E. Issues discussed:

The need for planting back (in combination with grow-back) of disturbed buffer adjacent to test pit #5. A motion was made to issue a negative determination. Seconded and voted unanimously. III NOTICES OF INTENT Richard P. McCoy, Tr./The River Road Associates Trust. Additions to existing single-family home; remove existing garage and paved drive; replace with new paved drive; mitigation plantings at 449 Eel River Road, Osterville as shown on Assessors Map 114 Parcel 020. SE3-4816 The applicant was represented by Peter Sullivan, P.E. Issues discussed:

A waiver request Mitigation planting proposed Several large canopy trees to be removed; they will be replaced.

A motion was made to approve the project with special conditions. Seconded and voted unanimously. Joseph & Marilyn Asiaf. Replace failing timber retaining wall and stabilize eroding coastal banks with sediment-filled coir envelopes and native vegetation plantings to prevent erosion undercut to trees at 361 Bay Lane, Centerville as shown on Assessors Map 187 Parcel 001-006. SE3-4818 The applicant was represented by Stan Humphries. Issues discussed:

The proposed use of coir fiber envelopes filled with sand for prompt planting The life expectancy of the coir envelopes is 10 – 15 years Report on success, due with certificate of compliance request Pre-construction work protocol due The Commission requested that a nitrogen interceptor trench or low shrub buffer be developed for staff

approval. A motion was made to approve the project with special conditions. Seconded and voted unanimously.

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Town of Barnstable/Growth Management Dept. Coastal bank repair at 240 Bay Street, Osterville as shown on Assessors Map 094 Parcel 001. SE3-4820 The applicant was represented by John O’Dea, E.I.T. Issues discussed:

The coastal bank was described as a vertical buffer rather than a significant sediment source A sand veneer will be provided for the wall A small vegetated strip will be provided The existing tree may need to be removed.

A motion was made to approve the project with special conditions. Seconded and voted unanimously. Town of Barnstable/Growth Management Dept. Remove invasive plants and replace with native plants; create 2 gravel parking spaces, a 6-foot-wide natural path, timber stairs and kayak rack at Short Beach Rd. way-to-water, Centerville as shown on Assessors Map 206, land between Parcels 027 & 028. SE3-4819 The applicant was represented by John O’Dea, E.I.T. Issues discussed:

Remove invasive oriental bittersweet with native plants Parking to be only temporary: for off-loading kayak to rack; parking at home or Town beach; return to

launch kayak Letters from the Hines and Sullivan’s, abutters, were noted for the record. Both expressed concerns:

The possible shifting of the stairs eastward, off the centerline of the road Trailer-parking should not be allowed The design of the kayak rack along with the number of boats served to be provided to staff Need to provide a low grated surface boardwalk to the high water mark John Pendergast, Jr., wanted to see the property line better defined to keep people off his property Request for a trash barrel for the site.

Public Comment:

Jane Rogers, abutter, expressed concern for the aesthetic impact of the proposed improvement Meg Laughran, President of the Centerville Civic Association, supported the project Janice Hoffman, abutter, was concerned about the appearance of the kayak rack Peter Fisher supported the project.

A motion was made to approve the project with special conditions. Seconded and voted: 6 votes – “Aye;” 1 vote – “Nay.” IV AMENDED ORDERS Bonnybrook Realty Trust. Proposed amendment to Order of Conditions (Permit No. SE3-3648) to modify/change Special Condition No. 18 regarding temporary use of south slip of existing pier at 185 Ocean View Ave., Cotuit as shown on Assessors Map 033 Parcel 016. The applicant was represented by Atty. Michael Ford, Peter Sullivan, P.E. and Paula Newberg, PhD, biologist. Issues discussed:

A 48-hours berthing restriction was proposed as the new temporary allowance. Discussed by the Commission as a completely unique situation.

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(Bonnybrook, cont’d.) A motion was made to amend the order, specifically deleting the 6-hour restriction from special condition # 18. The restriction against overnight berthing would remain. Seconded and voted unanimously. V CERTIFICATES OF COMPLIANCE (ez = staff recommends approval) (* = on-going conditions) A. Town of Barnstable/DPW SE3-4221 (coc,ez) replace culvert at Dowses beach * B. Town of Barnstable/DPW SE3-3251 (coc,ez) restore Lake Elizabeth & Red Lily Pond * C. Town of Barnstable/DPW SE3-1727 (coc,ez) install sewers and pumping stations in Area 5 D. Harris SE3-4435 (coc,ez) construct addition to single-family dwelling * E. Kraft SE3-4422 (coc,ez) raze & construct single-family dwelling * F. Town of Barnstable/DPW SE3-1280 (coc,ez) replace & modify culvert under Hawes Avenue G. Horowitz SE3-4302 (coc,ez) construct deck (not done); landscaping * H. Morrissey SE3-3514 (coc,ez) modify & add floats to existing dock * A motion was made to approve all certificates (“A – H”). Seconded and voted unanimously. VI OLD & NEW BUSINESS A. Reconsideration of request for appearance The Commission discussed its March 31st decision to disallow a proposed discussion item of Cape Cod MX Track regarding trail bikes use at the W. Barnstable Conservation Area. On the evening’s agenda was the question of whether the Commission would reconsider that decision and allow Mr. Anderson to present his proposal at a future meeting. Mr. Anderson spoke, saying his proposal has recently changed, with the advent of batter-powered trail bikes. A motion was made to allow Mr. Anderson’s proposal to appear at the June 2nd hearing. Seconded and voted: 6 votes – “Aye;” 1 vote – “Nay.” A motion was made to adjourn. Seconded and voted unanimously. The time was 8:40

MN060209 1



DATE: June 2, 2009 – 6:30 P.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 6:30 p.m. by chairman Dennis Houle. Also attending were Vice-Chairman Tom Lee, Commissioners John Abodeely, Peter Sampou, Scott Blazis, Larry Morin, and Louise Foster. Rob Gatewood, Conservation Administrator, assisted. The meeting was held in the Hearing Room, Barnstable Town Hall, Hyannis, MA. I MINUTES FOR APPROVAL A. May 12, 2009 A motion was made to approve the minutes (“A”). Seconded and voted unanimously. B. Release of executive session minutes 5/31/05, 10/25/05, 5/09/06 and 12/12/06 Commissioner Foster abstained from the vote. A motion was made to approve the release of the executive minutes (“B”). Seconded and voted unanimously. II REQUESTS FOR DETERMINATION Robert Hallett. Upgrade existing septic system at 20 Tree Top Circle, Marstons Mills as shown on Assessors Map 150 Parcel 035. DA-09034 The applicant was represented by Brad Hall. Issues discussed:

Filing was after the fact of the new septic installation. Concern for the site being scraped clean of vegetation between the house and the wetland. Re-establishing a planted buffer to the wetland A revised plan showing location of existing (old) system.


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(Hallett, cont’d.) Seconded and voted unanimously. Frank D. Lovett, Jr.. Vista pruning in accordance with Commission guidelines at 140 Bay Road, Cotuit as shown on Assessors Map 007 Parcel 019. DA-09033 The applicant was represented by Stephen Wilson, P.E. Issues discussed:

Two view corridors were proposed. Abandoned boat on shoreline (not applicant’s)

A motion was made to issue a negative determination. Seconded and voted unanimously. Crosby Yacht Yard. Repair 24 linear feet of existing fork lift boat launching area by installing two rows of timber piles with timber cap in front of existing bulkhead and deck out accordingly at 330 West Bay Rd., Osterville as shown on Assessors Map 116 Parcel 013. DA-09035 The applicant was represented by Peter Sullivan, P.E. Issues discussed:

Dan Horn, Harbormaster, said access to town landing must be maintained during construction, and the town and present project should be coordinated as necessary to avoid conflict.

A motion was made to issue a negative determination. Seconded and voted unanimously. III NOTICES OF INTENT Town of Barnstable/DPW. Replacement of existing timber and steel sheet pile bulkhead with new steel sheet pile bulkhead and construction of road drainage improvements at Barnstable Harbor Marina at Millway and 110 Freezer Road, Barnstable as shown on Assessors Map 300 Parcel 022. SE3-____ The applicant was represented by Greg Robbins, P.E. Issues discussed:

A bioretention basin and StormCeptor unit were proposed for site run-off A planted strip will be provided along the edge of bulkhead StormCeptor system will be maintained by the town on an as-needed basis under the D.E.P. stormwater

regulations. A motion was made to approve the project with special conditions. Seconded and voted unanimously. IV REVISED PLANS Yachtman’s Condominium Trust. SE3-4593 retaining wall 44-foot extension The applicant was represented by Raoul Lizardi-Rivera. Issues discussed:

Abutters were notified at the Board’s request

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(Yachtman’s, cont’d.) A motion was made to approve the revised plan Seconded and voted unanimously. V CERTIFICATES OF COMPLIANCE (ez = staff recommends approval) (* = on-going conditions) A. O’Keeffe SE3-4450 (coc,ez) replace seawall with timber bulkhead * B. Heathwood SE3-2792 (coc,ez) construct in-ground pool * A motion was made to approve certificates (“A – B”). Seconded and voted unanimously. VI PROPOSED REVISED FILING FEE SCHEDULE (T.O.B. Code, Chap. 237 – Wetlands) Notice of Intent: Proposed Ch.237 fee: Category 1 (additions, pools etc.) $ 100

Category 2 (houses, beach nourishment etc.) 200 Category 3 (roads, commercial bldgs, etc.) 300 Category 4 (dredging etc.) 400 Category 5 (piers, seawalls etc.) 2.50/ft + additional 750 f/ saltwater piers + additional 250 f/ freshwater piers Category 6 (confirm wetland delineations) 500

Request for Determinations of Applicability: General 100 Vista Pruning 150 Confirm wetland delineations 400

Certificate of Compliance: Initial docketing 100 Each re-docketing (revisit) 50

Extension Permit: 125

Amended Order of Conditions: 150

Revised Plan: 35

NOI Waiver Request: 150 + NOI fee After-the-fact filings: Twice the filing fee of NOI, RDA Enforcement Order Response Plan: (where no after-fact filing) 200

Proposed revised filing fees: Applying the Enforcement Order Response Plan on a Commission-discretion basis Whether the After-the-Fact filing fee is merely punitive Is Category 3 fee sufficient? Importance to be cognizant of the hard economic times we are now in

A motion was made to approve the proposed fees as proposed, with the exception of Category 3 to $425, and to allow Commission case-by-case discretion on After-the-Fact and Enforcement Order Response Plan fees. Seconded and voted unanimously.

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VII OLD AND NEW BUSINESS A. Presentation by Rob Anderson of Cape Cod MX Track Cape Cod MX Track offered a presentation on off-road vehicle use and the organization’s interest in finding a house for such use in Barnstable. Quiet electric ATV’s were proposed. Suggested use of the conservation parcels adjacent to Cape Cod Aggregates, under the power line. Stewardship measures were proposed, e. g., irrigation to keep the dust down and cleaning up the trash. A management agreement with the town would be sought. The enterprise would be self – or privately – funded. Issues discussed:

Consistent with Conservation/passive recreation requirements Whether “stealthier bikes” will bring about use problems which will be difficult to detect in the making Whether the Commission should move to a public hearing on the issue Town Councilor Ann Canedy expressed concern for enforceability of any management agreements and

finds the parcel ill-suited to such use. The Commission found, at the end of the presentation, that there was no compelling demonstration made for the Board to conduct a public hearing on the proposal. No motion was made. The Commission thanked Mr. Anderson for his presentation. B. Proposed Bush Brown conservation restriction Jaci Barton attended. A motion was made to support the proposed Bush Brown conservation restriction, as it is in the public interest. Seconded and voted unanimously. A motion was made to support the proposed Galloway conservation restriction, as it, too, is in the public interest, and to hold the restriction if requested by the town. Seconded and voted unanimously. A motion was made to adjourn. Seconded and voted unanimously. The time was 9:35 p.m.

MN061609 1



DATE: June 16, 2009 – 6:30 P.M.



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 John Abodeely, Scott Blazis, and Larry Morin.. Commissioners Peter Sampou and Louise Foster were away. Rob Gatewood, Conservation Administrator, assisted. The meeting was held in the Hearing room, Barnstable Town Hall, Hyannis, MA. I MINUTES FOR APPROVAL A. May 19, 2009 B. June 2, 2009 A motion was made to approve the minutes (“A – B”). Seconded and voted unanimously. II REQUESTS FOR DETERMINATION Kathleen Bonner. Eradicate staghorn sumac by severing the above-ground trunk sections and hand-applying herbicide directly to the cambium at 132 Estey Ave., Hyannis as shown on Assessors Map 324 Parcel 065. DA-09036 The applicant attended. Issues discussed:

Several autumn olive shrubs are to be included in the eradication project. A motion was made to issue a negative determination. Seconded and voted unanimously. Michael A. & Laurie A. Paternoster, Jr. Bluestone patio area with associated drainage and landscaping improvements (rebuild stockade fence and enhance plantings) at 292 Long Beach Rd., Centerville as shown on Assessors Map 185 Parcel 025. DA-09037 The applicant was represented by Peter Sullivan, P.E.

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(Paternoster, cont’d.) Issues discussed:

Clean up of debris Re-vegetation to be performed in consultation with staff.

A motion was made to issue a negative determination. Seconded and voted unanimously. III NOTICES OF INTENT David Gould. Construct boatshed at 139 Regency Dr., Marstons Mills as shown on Assessors Map 063 Parcel 073. SE3-4822 The applicant was represented by Lynne Hamlyn. Issues discussed:

No chemicals or hazardous materials to be stored in shed. A motion was made to approve the project with special conditions. Seconded and voted: 4 votes “Aye;” 1 vote “Nay.” Joanne Hooker. Repair and replace existing step; remove existing brick walkway; extend existing patio at 112 Nyes Neck Road East, Barnstable as shown on Assessors Map 232 Parcel 011-002. SE3-4823 The applicant was represented by Michael Aucoin and Josh LaVesque. Issues discussed:

Coir fiber roll to be used to support bank near old stairs; Native shrubs to be provided; A landscaping plan was submitted at the hearing; A work protocol was requested.

A motion was made to approve the project with special conditions. Seconded and voted unanimously. Alan McDonough and Patricia Baker. Construct timber walkway, bank access stairs, permanent pier with ramp, floats and tie-off piles to be shared by two abutting properties at 43 Sunset Point and 250 Windswept Way, Osterville as shown on Assessors Map 051 Parcels 011 & 012. SE3-____ The applicant was represented by Arlene Wilson, P.W.S. Issues discussed:

A shared pier was proposed; Two outer-most moorings were proposed to remain; Shellfish habitat next door,at the Walske pier – locus was low value; Dept. of Marine Fisheries requested bow-in berthing; Neither Waterway Committee nor Harbormaster expressed concern for the project; The Town Shellfish Biologist described the shellfish population as depleted; Deed restrictions for each lot will be required as a contingency of approval. The restrictions would provide

just one pier for the two lots; Concerns:

Lack of a shellfish survey from the applicant;

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(McDonough/Baker, cont’d.)

Verifying the draft of the Mako; Question of whether pier conforms with regulation on overall length.

A motion was made to continue the hearing to August 4th. Seconded and voted unanimously. IV CONTINUANCES Town of Barnstable/DPW. Construct approximately 894 feet of sidewalk on south side of Ocean Avenue. The sidewalk will typically be a 7-foot hot mix asphalt walkway; also install highway guard rails, curbing and berms at Ocean Ave. from Keyes Beach parking lot, 894 feet past Stewart’s Creek. SE3-4797 The applicant was represented by Roger Parsons, P.E. Issues discussed:

Project changes now include: a) elimination of granite curbing b) maintaining a 2-3 foot-wide vegetated strip, then guardrail, then the sidewalk c) Sidewalk will follow grade, and meander slightly to avoid significant trees.

Sidewalk surface is currently under discussion, perhaps to include Trex or the equivalent. The DPW will report back on this at the next hearing.

Public Comment:

Milton Borgland supported the project, but asked that the work be coordinated with the larger restoration project.

Greg Milne, Town Councilor for Hyannis precinct 13 (which includes the project site) also spoke in favor. He opposed bituminous pavement.

Anthony Pelletier of the Hyannis Civic Association expressed their support of “softer” Trex solution. Bill Basta spoke of great public safety improvement which the sidewalk or walkway will provide. He

suggested that the growth of trees has contributed to the poor visibility. Dan Pendergast asked about improved solar lighting along the walk.

A motion was made to continue the hearing to July 21st. Seconded and voted unanimously. V CERTIFICATES OF COMPLIANCE (ez = staff recommends approval) (* = on-going conditions) A. Ungermann SE3-1653 (coc,ez) construct addition to existing shed * B. 593 Sea View Av. SE3-4301 (coc,ez) construct single-family dwelling * Nominee Trust C. Town of Barnstable/DPW SE3-3640 (coc,ez) replace boat ramp at Old Shore Road landing A motion was made to approve all certificates (“A – C”). Seconded and voted unanimously. VI OLD & NEW BUSINESS A. Request for reconsideration on After the Fact Filings and Enforcement Order Response Plan components of Fee Schedule promulgated 6/02/09

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(Old & New Business, “A,” cont’d.) A motion was made to approve the reconsideration request. Seconded and voted unanimously. B. Other Scott Blazis fondly remembered Stanley Nagus, former president of the Barnstable Association of Recreational Shellfishermen. A motion was made to adjourn. Seconded and voted unanimously. The time was 8:12 p.m.

MN063009 1



DATE: June 30, 2009 – 6:30 P.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 6:30 p.m. by Chairman Dennis R. Houle. Also attending were Vice-Chairman Tom Lee, and Commissioners Scott Blazis, Larry Morin, and Louise Foster. Commissioners John Abodeely and Peter Sampou were away. Rob Gatewood, Conservation Administrator, assisted. The meeting was held in the Hearing Room, Barnstable Town Hall, Hyannis, MA I MINUTES FOR APPROVAL A. June 9, 2009 A motion was made to approve the minutes. Seconded and voted unanimously. Commissioner Louise Foster abstained from the vote. II REQUESTS FOR DETERMINATION Robert Popeo. Jurisdictional determination for purposes of constructing a single-family residence, guest house, pool, and appurtenances at 150 Carriage Rd., as shown on Assessors Map 071 Parcel 015-002. DA-09039 The applicant was represented by Leonard Bradley, P.E. Issues discussed: no concerns arose. A motion was made to issue a positive determination, affirming the resource area delineations. Seconded and voted unanimously. Ray D. Leoni, Tr. To permit storage of 2 boat trailers, 2 canoes on rack, and 1 inflatable boat on rack along with existing storage bin at 47 Ladd Rd., Centerville as shown on Assessors Map 206 Parcel 059-001. DA-09038 The applicant attended the hearing. Issues discussed:

No fuel is stored on the site.

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(Leoni, cont’d.) A motion was made to issue a negative determination. Seconded and voted unanimously. Allen N. Morell. Build stone wall 2.0' x 1.5' x 40' at rear of house at 35 Loomis Ln., Centerville as shown on Assessors Map 230 Parcel 101-001. DA-09042 The applicant was represented by Ed Stafford. Issues discussed: no concerns arose. A motion was made to issue a negative determination. Seconded and voted unanimously. Commissioner Louise Foster abstained from the vote. William S. Abbott & Gerald W. Blakeley, Trs. , Peninsular Realty Trust. Rebuild existing licensed pier, reduce number of pilings, rotate float and add ramp at 186 Windswept Way, Osterville as shown on Assessors Map 052 Parcel 002. DA-09040 The applicant was represented by John O’Dea, E.I.T. Issues discussed:

Bringing lighting into conformance No lead caps Question of whether the float’s re-orientation constitutes a substantial change

The float relocation portion of the project was withdrawn. A revised plan will be submitted. A motion was made to issue a negative determination. Seconded and voted unanimously. Michael Garnett. To permit phragmites management; remove/replace non-native and invasive plantings with necessary mitigation at 169 Salten Point Rd., as shown on Assessors Map 301 Parcel 003. DA-09043 The applicant was represented by Wayne Tavares. Issues discussed:

Once phragmites are removed, question of what will be planted as a replacement A variety of methods for phragmites-removal will be explored for the most suitable replacement; A restoration planting plan for the phragmites area will be submitted.

A motion was made to issue a negative determination. Seconded and voted unanimously. Sean Moloney. Build attached deck to rear of home at 118 Bay Ln., Centerville as shown on Assessors Map 186 Parcel 033. DA-09041 The application was withdrawn.

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III NOTICES OF INTENT Elizabeth Henson & David Brown. Construct and maintain post-supported timber pier at 58 Oxford Dr., Cotuit as shown on Assessors Map 021 Parcel 064. SE3-4825 The applicant was represented by Arlene Wilson, P.W.S. Issues discussed:

No motorcraft is proposed for use at the pier; Existing cutting on the land was largely at the hand of an abutter, acting without permission; The other pier will be 4” x 4” pile construction; In-filling with plants and meadow; the cut area within 50-foot buffer;

Public comment:

Vincent Pulio, abutter, opposed the pier; Richard Guarnidi, abutter, spoke in favor of the project; Eric Kaiser, abutter, suggested that the walkway was too long.

A motion was made to approve the project with special conditions. Seconded and voted unanimously. IV CONTINUANCES Town of Barnstable/Conservation Division. Mystic Lake, a 148 acre deep kettle hole lake located in Marstons Mills, Barnstable, experiences chronically low oxygen in its bottom waters during summer. Under these conditions, phosphorus is released from the bottom sediments. This internal release of stored nutrients is the primary source of total phosphorus to the lake, which is leading to increasing productivity in the form of algal blooms. To significantly reduce the internal phosphorus recycling and improve ecological and recreational functions of the lake, a nutrient inactivation (i.e., alum) treatment is proposed. SE3-4773 The applicant was represented by Rob Gatewood. A motion was made to continue the hearing to November 3rd. Seconded and voted unanimously. No testimony was taken. V CERTIFICATES OF COMPLIANCE (ez = staff recommends approval) (* = on-going conditions) A. Sirhal (Junda) SE3-4035 (coc,ez) construct single-family dwelling * B. O’Keeffe (Fox) SE3-4594 (coc,ez) raze & construct single-family dwelling * C. Steeves SE3-3149 (coc,ez) construct addition; reconstruct deck * A motion was made to approve all the above certificates (“A – C”). Seconded and voted unanimously. VI OLD & NEW BUSINESS A. Revisions to the Town of Barnstable Conservation Commission Fee Schedule promulgated 6/02/09. Only two categories of fees are proposed for change: 1) After-the-Fact Filings and 2) Enforcement Order Response Plans. After-the-Fact Filings fees would now be specified in dollar amount. Enforcement Order Response Plans

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(Old & New, Revisions, cont’d.) (where no after-fact filing) would remain at $200, but the “ ** - at discretion of Conservation Commission” qualifier would be deleted. The proposed changes would look like this: After-the-Fact Filings:

Notice of Intent Proposed Ch.237 fee Category 1 (additions, pools etc.) 200

Category 2 (houses, beach nourishment etc.) 400 Category 3 (roads, commercial bldgs, etc.) 850 Category 4 (dredging etc.) 800 Category 5 (piers, seawalls etc.) 5/ft Request for Determinations of Applicability

General 200 Vista Pruning 300 Enforcement Order Response Plans: 200 (where no after-fact filing) Public comment:

Arlene Wilson, P.W.S., supported the deletion of the “discretionary” qualifier. A motion was made to approve the revisions. Seconded and voted unanimously. B. Other – None VII EXECUTIVE SESSION A. Discussing pending litigation A motion was made to enter executive session. Seconded and voted unanimously.

MN072109 1



DATE: July 21, 2009 – 6:30 P.M.



The meeting was called to order at 6:30 p.m. by Chairman Dennis R. Houle. Also attending were Commissioners John Abodeely, Peter Sampou, Scott Blazis, and Louise Foster. Vice-Chairman Tom Lee, and Commissioner Larry Morin were away. Darcy Karle, Conservation Agent, assisted. The meeting was held in the Hearing Room, Barnstable Town Hall, Hyannis, MA. I MINUTES FOR APPROVAL A. June 16, 2009 A motion was made to approve the minutes. Seconded and voted unanimously. II REQUESTS FOR DETERMINATION Pickwick Realty Trust/J. Robert Casey, Tr. Upgrade/repair failed septic system at 71 Ocean View Ave., Cotuit as shown on Assessors Map 034 Parcel 045. DA-09044 The applicant was represented by John O’Dea, P.E. Issues discussed: None A motion was made to issue a negative determination. Seconded and voted unanimously. Michael P. & Gisa E. Belanger. Upgrade failed septic system at 100 Cross St., Cotuit as shown on Assessors Map 033 Parcel 032. DA-09045 The applicant was represented by John O’Dea, P.E. Issues discussed:

The project will be designed with a small well at one end. A motion was made to issue a negative determination.

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(Belanger, cont’d.) Seconded and voted unanimously. Wequaquet Estates Beach Association. Re-nourish common beach area with clean sand above high spring water mark at 30 Lake Drive, Centerville as shown on Assessors Map 230 Parcel 077. DA-09047 The applicant was represented by Julie Badot. Issues discussed: None A motion was made to issue a negative determination with the condition that the work shall not begin until after Labor Day, and will be completed by March 1st. Seconded and voted unanimously. III NOTICES OF INTENT Town of Barnstable/DPW. Sewer extension project in the Lake Wequaquet and Long Pond areas as shown on Assessors Map 193 Parcel 007 (Shootflying Hill Rd., CC Building). SE3-4826 The application was withdrawn. Michael & Marilyn Price. Construct retaining wall and landscaping for bank stabilization at 430 Baxter’s Neck Rd., Marstons Mills, MA as shown on Assessors Map 075 Parcel 034. SE3-____ The applicant was represented by Lynne Hamlyn. Issues discussed:

The need for a pre-construction meeting A construction protocol was submitted at the hearing by Gilmore Marine Aesthetics and the need for a retaining wall – everyone agreed that something needed to be done

Public comment:

Diane Rothstein of 431 Baxter’s Neck Rd. was concerned about possibility of damage to her property. A motion was made to approve the project, subject to the receipt of a revised plan showing the placement of fiber logs with plantings in front of the retaining wall. This plan shall be prepared in consultation with staff. A status report on the project and the success of the plantings shall be submitted by the consultant after a two-year period. There shall be an onsite pre-construction meeting with all contractors and staff before work begins. Seconded and voted: 4 votes – “Yea;” 1 vote – “Nay” CTS Fiduciary LLC, Tr./Mampoo Real Estate Trust. Replace existing in-ground pool with new pool, retaining wall and landscaping at 83 Oyster Way, Osterville as shown on Assessors Map 072 Parcel 043. SE3-4827 The applicant was represented by John O’Dea, P.E. Issues discussed: None A motion was made to approve the project with special conditions: a revised plan showing the flood zone change and location of the pool equipment area. Seconded and voted unanimously. Paul Sullivan. Construct new asphalt driveway at 68 Cedarwood Rd., Cotuit as shown on Assessors Map 020 Parcel 078. SE3-____

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(Sullivan, cont’d.) The applicant was present and was represented by Wayne Tavaras. Issues discussed:

The legal ad and project description Concern by the Commission with placing a fence in a designated roadway layout.

A motion was made to approve Phase I only, subject to a revised plan showing the substitution of the split rail fence in the road layout with a vegetated fence and French drain installed along the wetland side of the road. Notation of the square footage incursion in conservation jurisdiction will be noted in a future application regarding this property. Seconded and voted unanimously. Centerville-Osterville-Marstons Mills Water Dept. Install new municipal water service along Bumps River Road and a portion of Scudder Bay Circle as shown on Assessors Maps 168 and 188. SE3-4828 The applicant was represented by was represented by Daniel Ojala. Present also was Craig Crocker. A motion was made to approve the project with special conditions. Seconded and voted unanimously. IV CONTINUANCES Town of Barnstable/DPW. Construct approximately 894 feet of sidewalk on south side of Ocean Avenue. The sidewalk will typically be a 7-foot hot mix asphalt walkway; also install highway guard rails, curbing and berms at Ocean Ave. from Keyes Beach parking lot, 894 feet past Stewart’s Creek. SE3-4797 Because of the lack of a quorum, a motion was made to continue the hearing to August 18th. Seconded and voted unanimously. V AMENDED ORDERS Town of Barnstable/DPW. Amend Order of Conditions under SE3-4681 to include erection of wind turbine for alternative energy generation in area behind new Hyannis Youth & Community Center and adjacent to parking area at 141 Bassett Ln., Hyannis as shown on Assessors Map 309 Parcel 264-008. The applicant was represented by Thomas Scarlata. A motion was made to approve the Amended Order. Seconded and voted unanimously. VI CERTIFICATES OF COMPLIANCE (ez = staff recommends approval) (* = on-going conditions) A. Green SE3-4755 (coc,ez) construct stairway (not done) & deck; reset dock (not done) * B. Capizzi SE3-4451 (coc,ez) construct addition to sfd; construct pier, ramp, & float * C. Brown SE3-4532 (coc,ez) raze & construct single-family dwelling * D. Ungermann SE3-0811 (coc,ez) reconstruct bulkhead; modify dock * E. Sullivan SE3-4426 (coc,ez) reconstruct house & landscaping *

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(Certificates, cont’d.) F. Tellier SE3-1618 (coc,ez) construct pier, ramp, & float * G. Reilly SE3-3837 (coc,ez) construct barn (not done) & single-family dwelling * H. Robards SE3-4725 (coc,ez) construct 2nd – story addition (not done) & construct deck * A motion was made to approve all (“A – H”) certificates. Seconded and voted unanimously. VII OLD & NEW BUSINESS A. Consider revisions to the Town of Barnstable Conservation Commission Fee Schedule promulgated 6/02/09 and revised 6/30/09.

For clarity, the following two sentences are proposed in the 2nd Revision to the Fee Schedule: Any Notice of Intent filed only under Chapter 237 of the Town Code, shall also be assessed a fee

equivalent to the calculated “town share” derived from the MA DEP Wetlands fee calculation for that type project

Any Revised Plan or Request for Amended Order shall also be assessed applicable project fees

A motion was made to approve the revision to the fee schedule. Seconded and voted unanimously. B. Update on Coastal Resource Committee Noted C. Discussion on voting at hearing, and number of Commissioners present Noted D. Bothwell update on hearings scheduled Noted E. Crocker Neck gate status Noted F. Sandy Neck update Noted A motion was made to adjourn. Seconded and voted unanimously. The time was 8:17 p.m.

MN080409 1



DATE: August 4, 2009 – 6:30 P.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 6:30 p.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 MINUTES FOR APPROVAL A. June 30, 2009 B. July 14, 2009 A motion was made to approve the minutes (“A – B”). Seconded and voted unanimously. II REQUESTS FOR DETERMINATION Mark A. & Elizabeth Henson. Construct 6' chain-link fence on lot line at 58 Oxford Dr., Cotuit as shown on Assessors Map 021 Parcel 064. DA-09048 The applicant attended the meeting. Issues discussed:

A neighbor’s “invasiveness” has prompted the need for the fence. The fence shall be six-inches above grade.

A motion was made to issue a negative determination. Seconded and passed: 5 votes “Aye.” William S. Abbott & Gerald W. Blakeley, Trs. , Peninsular Realty Trust. To reconsider the decision to rebuild existing licensed pier, reduce number of pilings, rotate float and add ramp at 186 Windswept Way, Osterville as shown on Assessors Map 052 Parcel 002. DA-09040 A request for a withdrawal was received via letter.

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III NOTICES OF INTENT Joyce Haseotes. Site preparation, remove buried oil tank, abandon existing cesspool, construct 2-bedroom elevated house addition (on piers), new Title-5 septic, driveway, walkway at 293 Long Beach Rd., Centerville as shown on Assessors Map 185 Parcel 034. SE3-4830 The applicant was represented by Sarah Turano Flores, Esq., Liza Cox, Esq., and Michael Perrault, P.E. Issues discussed:

The project was filed as a medical hardship The addition to be on piling A Fast system An underground oil storage tank to be removed The provision of a pervious driveway The provision of a planted buffer along the length of retaining wall A revised plan will be submitted.

A motion was made to approve the project with special conditions. Seconded and voted unanimously. J. Robert Casey, Tr., Pickwick Realty Trust. Repairs/alterations to existing beach/bath house to include replacing portions of existing pile foundation, replace rotten wood, elevating a portion of floor and roof, pruning vegetation over roof at 71 Ocean View Ave., Cotuit as shown on Assessors Map 034 Parcel 045. SE3-4831 The applicant was represented by John O’Dea, P.E. and Peter Sullivan, P.E. Issues discussed:

The need for a work protocol Repairing damage to vegetation A drywell for shower.

A motion was made to approve the project with special conditions. Seconded and voted unanimously. Edmund Kelly. Replace existing 8’ x 16’ float with 10’ x 20’ float on existing licensed pier, ramp & float at 51 Ships Eagle Ln., Osterville as shown on Assessors Map 164 Parcel 019. SE3-4832 The applicant was represented by Stephen Wilson, P.E. Issues discussed: No concerns arose. A motion was made to approve the project with special conditions. Seconded and voted unanimously. IV CONTINUANCES Alan McDonough and Patricia Baker. Construct timber walkway, bank access stairs, permanent pier with ramp, floats and tie-off piles to be shared by two abutting properties at 43 Sunset Point and 250 Windswept Way, Osterville as shown on Assessors Map 051 Parcels 011 & 012. SE3-4824 The applicant was represented by Arlene Wilson, P.W.S.

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(McDonough/Baker, cont’d) Issues discussed:

The lack of good photo documentation for the existing deck Agreement from shellfish experts that any significant shellfish resources resides in the intertidal 384 Sq. ft. of float proposed for the shared structure Specs of the two boats submitted conformed to regulation. Both are powered by 250 hp outboard motors A debate with Ms. Wilson arose over the interpretation of the pier regulations regarding overall length.

The Commission assured her that the legislative intent of the regulations was clear. The idea to shorten float length The inadvisability of berthing any boat bow-in at the pier , given the prevailing southwest wind Requiring deed restrictions on both lots precluding construction of a second pier Requiring 3:1 (500 sq. ft.) mitigation for deck; also 65% light penetration.

A revised plan will be submitted, listing waivers and adding tie-off pilings. A motion was made to approve the project with special conditions. Seconded and voted unanimously. V CERTIFICATES OF COMPLIANCE (ez = staff recommends approval) (* = on-going conditions) A. Niloff SE3-4383 (coc,ez) construct swimming pool & terrace (no work done) B. TOB/DPW SE3-3263 (coc,ez) drainage improvements to various town roads C. Triplette SE3-3892 (coc,ez) construct garage & addition to sfd; upgrade septic * D. Lloyd SE3-3858 (coc,ez) construct cabana, septic system, & driveway * E. Woolf SE3-4443 (coc,ez) construct pool * F. Wilson SE3-4444 (coc,ez) construct addition to single-family dwelling * A motion was made to approve all (“A – F”) certificates. Seconded and voted unanimously. VI OLD & NEW BUSINESS A. Public hearing on proposed revisions to Ch. 707 and Ch. 710 of the Town of Barnstable Code (Note: changes deal only with incorporating new fees into filing instruction documents) A motion was made to approve the proposed minor revisions to the Regulations. Seconded and voted unanimously. B. Marsh impacts at Centerville River Bridge This matter was discussed. Wording for an information sign will be drafted and further discussed. C. 8/11 a.m. meeting cancelled Noted.

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A motion was made to enter executive session. Seconded and voted by roll call: Houle – “Aye” Lee – “Aye” Abodeely – “Aye” Blazis – “Aye” Morin – “Aye” Foster – “Aye” The Chairman informed the public that the Commission would not return to public session.

MN081809 1



DATE: August 18, 2009 – 6:30 P.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 6:30 p.m. by Chairman Dennis R. Houle. Also attending were Vice-Chairman Tom Lee and Commissioners John Abodeely, Peter Sampou, Scott Blazis, Larry Morin, and Louise Foster. Rob Gatewood, Conservation Administrator, assisted. The meeting was held in the Hearing Room, Barnstable Town Hall, Hyannis, MA. I MINUTES FOR APPROVAL A. July 21, 2009 A motion was made to approve the minutes. Seconded and voted unanimously. Commissioner Lee abstained from the vote. II REQUESTS FOR DETERMINATION Daniel A. Salvatore & Roxanne Pappas. Rebuild pre-existing patio with natural pavers and stone dust; remove poison ivy; clear area and plant 5 trees at 110 Prince Ave., Marstons Mills as shown on Assessors Map 077 Parcel 048. DA-09046 The applicant was represented by Roxanne Pappas. Issues discussed:

Whether a 3:1 mitigation should be provided. (In the final anaysis, it was not). A motion was made to issue a negative determination. Seconded and voted unanimously. Catherine Tucke. To permit as-built drain installed in driveway, and to push back or cut vegetation encroaching onto Marie Ave. at 20 Marie Ave., Centerville as shown on Assessors Map 226 Parcel 132. DA-09050 The applicant was represented by Attorney James Quirk. Issues discussed:

Any Conservation Commission approval would not convey any right of trespass. Loaming and seeding

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(Tucke, cont’d.) A motion was made to issue a negative determination. Seconded and voted unanimously. Lewis & Nancy Solomon. Renourish beach with clean sand added above high water line at 28 Heath Row, Marstons Mills as shown on Assessors Map 064 Parcel 047. DA-09049 The applicant attended the hearing. Issues discussed: None A motion was made to issue a negative determination. Seconded and voted unanimously. Massachusetts Highway Department. Proposed improvements for the Route 149 intersection with the Route 6 westbound and eastbound on-ramps in West Barnstable, Massachusetts. The purpose of the work is to improve safety and operations of both roadways. All work will take place within existing state owned highway rights-of-way. DA-09051 The applicant was represented by Peter Vessilio, P.E. Issues discussed: No concerns arose. The project was well-received. A motion was made to issue a negative determination. Seconded and voted unanimously. III NOTICES OF INTENT Town of Barnstable/DPW. Install sewer extensions; replace existing water infrastructure; construct pump station in Area of Concern identified as Area H-1 by the Final Wastewater Facilities Plan: 160 Marston Ave., Hyannisport and Stewart’s Creek as shown on Assessors Map 180 Parcel 00A; roadways/r.o.w.’s. SE3-4833 The applicant was represented by Jeff Greg, P.E. Issues discussed:

The project was well-received by the Commission The reliability of grinder pumps The need for effective conservation coordination The need for a dewatering protocol in consultation with staff.

A motion was made to approve the project with special conditions. Seconded and voted unanimously. Asemena T. Dodge. Replace and extend existing pier with pile-supported pier, ramp and float; maintain existing path and stairs at 56 Sand Point, Oyster Harbors, MA as shown on Assessors Map 073 Parcel 017. SE3-4836 The applicant was represented by Arlene Wilson, P.W.S. Issues discussed:

A net increase in length of 19 linear feet was proposed Berthing to the south of the float where deeper water is found A Shellfish survey by the applicant found moderate productivity

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(Dodge, cont’d.) Existing on-going permit conditions prohibits no-bottoming out As proposed, a 12” clearance would be provided, prop to bay bottom Preservative-free materials proposed The pier application falls under the new regulations The need for more detailed bathymetry adjacent to floats Keeping the new pier seasonal

A motion was made to approve the project with special conditions. Seconded and voted unanimously. Joan DelNegro. To permit, post facto, a wooden retaining wall, pool, pool deck, and patio at 99 Rosemary Ln., Centerville as shown on Assessors Map 147 Parcel 007-010. BCC-0190 The applicant was represented by Amy Ball. Commissioner Tom Lee recused himself from the proceedings. Issues discussed:

Work was essentially as-built Mitigation proposed was 1:1 with project footprint Placing a half-rail fence along wetland edge (not required, in the end) Revegetate most of existing gravel area A mitigation plan in consultation with staff

A motion was made to approve the project with special conditions. Seconded and voted unanimously. F. Borden & Michele C. Walker. Repair/replace existing foundation; construct additions, connect existing front and rear porches; landscaping improvements including but not limited to walkways, parking, and relocation of existing grill and outdoor shower at 253 Sea View Ave., Osterville as shown on Assessors Map 138 Parcel 019 SE3-4834 The applicant was represented by Peter Sullivan, P.E., and Patrick Ahern, R.A. Issues discussed:

Waivers were requested Planting mitigation was proposed at approximately 3:1

A motion was made to approve the project with special conditions. Seconded and voted unanimously. Rachel L. Mellon. Construct additions to single-family dwelling at 19 Indian Trail, Osterville as shown on Assessors Map 070 Parcel 009-003. SE3-4835 The applicant was represented by Peter Sullivan, P.E. Issues discussed:

A large intact buffer exists A motion was made to approve the project with special conditions. Seconded and voted unanimously.

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IV CONTINUANCES Town of Barnstable/DPW. Construct approximately 894 feet of sidewalk on south side of Ocean Avenue. The sidewalk will typically be a 7-foot hot mix asphalt walkway; also install highway guard rails, curbing and berms at Ocean Ave. from Keyes Beach parking lot, 894 feet past Stewart’s Creek. SE3-4797 The applicant was represented by Roger Parsons, P.E. Issues discussed:

Entire 894 feet of sidewalk will be composite wood decking Sidewalk width is five feet Most large trees and shrubs to be preserved A revised plan to be submitted.

A motion was made to approve the project with special conditions. Seconded and voted unanimously. V REVISED PLANS project type revision A. C-O-MM SE3-4804 intersection improvements upgrade water lines The applicant was represented by Craig Crocker. A motion was made to approve the revised plan Seconded and voted unanimously. B. Joyce SE3-4482 deck, patio, porch patio The matter was withdrawn for the present; to be taken up at the next morning meeting of September 8, 2009. VI CERTIFICATES OF COMPLIANCE (ez = staff recommends approval) (* = on-going conditions) A. Svenson SE3-4721 (coc,ez) construct boardwalk, pier, ramp, & float * B. Svenson SE3-4438 (coc,ez) raze & construct single-family dwelling; pool * A motion was made to approve all certificates. Seconded and voted unanimously. VII OLD & NEW BUSINESS A. Proposed CR: Community Bank to Town of Barnstable Conservation Commission Arlene Wilson, P.W.S. represented Community Bank. A motion was made to endorse the conservation restriction as currently drafted, and as may be revised in discussion with other Town departments. Seconded and voted unanimously. B. Other

Coastal Resources final report was noted. The Commission discussed caution in taking an individual stance on the matter;

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(Old and New, cont’d.) Future changes in open meeting law were noted. A listing of all meeting discussion items will be

implemented immediately Craigville DCPC regulations to be reviewed September 1st A proposed sign at Centerville River Bridge is disallowed by legal restriction The Bridge Street ramp dinghy rack was built as a tie-down rail, as shown on the plan, but the

Commission pictured a stand-up rack. VIII EXECUTIVE SESSION A. The Commission may enter executive session at the conclusion of the above agenda items, for the purpose

of discussing potential land acquisition A motion was made to enter executive session at 9:35 p.m. Seconded and voted by roll call: Houle – “Aye” Lee – “Aye” Abodeely – “Aye” Sampoo – “Aye” Blazis – “Aye” Morin – “Aye” Foster – “Aye” The Chairman informed the public that the Commission would not be expected back in public session.

MN090109 1



DATE: September 1, 2009 – 6:30 P.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 6:30 p.m. by Chairman Dennis R. Houle. Also attending were Vice-Chairman Tom Lee and Commissioners John Abodeely, Peter Sampou, Scott Blazis, Larry Morin, and Louise Foster. Rob Gatewood, Conservation Administrator, assisted. The meeting was held in the Selectmen’s Conference Room, Barnstable Town Hall, Hyannis, MA. I OLD & NEW BUSINESS A. Craigville DCPC implementing regulations – joint review with Board of Health The Chairman recognized the Chair of the Board of Health, Dr. Wayne Miller, and the Board of Health members. JoAnne Buntich, Interim Planning Director, and Town Attorney Ruth Weil attended. A brief overview of the “Proposed Implementing Regulations” took place. Questions, comments, and concerns:

An appreciation of the Town Council and Growth Management Department was expressed for taking this matter forward.

The Boards’ comments will be presented to the Cape Cod Commission. The requirement that view corridors be kept free of taller vegetation seems to verge on the area of

Conservation Commission regulations. A revision to the proposed language will be considered. Do DCPC regulations limit installation of sewer systems? – The answer is no. Nor do they [regulations]

impose “flow-neutral” conditions. They do, however, restrict footprints. Septic tanks cannot be placed in the velocity zone. BOH Chairman Miller expressed the opinion that it was “an excellent and commendable job.”

A joint letter from the two Boards to the Cape Cod Commission will be forthcoming. A motion was made to close the Board of Health meeting. Seconded and voted unanimously. II MINUTES FOR APPROVAL A. August 4, 2009

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(Minutes, cont’d.) A motion was made to approve the minutes. Seconded and voted unanimously. III REQUESTS FOR DETERMINATION Irene Uzgiris. Construct detached garage at 37 Coddington Rd., Centerville as shown on Assessors Map 086 Parcel 059. DA-09052 The applicant was represented by Jack Vacarro Issues discussed:

Floodplain construction only Not in Craigville DCPC area

A motion was made to issue a negative determination. Seconded and voted unanimously. Christopher Pike. Permit existing path between properties; tree removal, reducing crowns and removing invasive vines and weeds at 876 Main St., Cotuit as shown on Assessors Map 035 Parcels 085, 088 and 084. DA-09054 The applicant attended the hearing. Issues discussed:

A strategy was suggested in which closer staff consultation and planting of native species would be employed.

Replanting would done in accordance with the Commission’s list of desired species A motion was made to issue a negative determination. Seconded and voted unanimously. IV NOTICES OF INTENT Thomas DeVesto. Modifications to existing dock: place 2 outhaul pilings, install boat lift, add 8' x 25' float (with ramp) at 835 Old Post Rd., Cotuit as shown on Assessors Map 073 Parcel 006-002. SE3-4837 The applicant was represented by Stephen Wilson, P.E. Issues discussed:

A report from Tom Marcotti was read into the record. The absence of applicant’s shellfish report. A question of whether there are any unique circumstances for the boat lift. A new deed with a permanent restriction precluding a pier at the adjacent property (also owned by the

applicant). Float restricted to non-motorized vessels A need for floatstops The application regarded as a substantial improvement (expansion) A revised plan to eliminate boat lift Floatstops to provide minimum 24” clearance to bay bottom A deed restriction in keeping with the Town Order requiring the pier to be shared by the adjoining lot Explicit limits for Grady-White at inside – ell berth Requiring a sign for limitations

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(DeVesto, cont’d.) A motion was made to approve the project with special conditions. Seconded and voted unanimously. Town of Barnstable/D.P.W. Minor site improvements at three sites operated by Hyannis Water District at water supply well pump stations. 1st site, activities to include paving existing access drive within same footprint and installing generator on existing concrete pad at 132 Smith St., Hyannis as shown on Assessors Map 267 Parcels 190 and 099; 2nd site, activities limited to paving existing access drive within same footprint at 228 Straightway, Hyannis as shown on Assessors Map 268 Parcel 099; 3rd site, activities limited to replacing existing propane tank and replacing existing generator at 656 Mary Dunn Rd., Hyannis as shown on Assessors Map 331 Parcel 003-X04. SE3-4838 The applicant was represented by Amy Ball, P.W.S. Commissioner Tom Lee recused himself. Issues discussed:

A revised plan was submitted Natural Heritage and Endangered Species (NHESP) sign-off was obtained Re-planting using native material, in consultation with staff.

A motion was made to approve the project with special conditions. Seconded and voted unanimously. Fred S. Jenkins & J. A. Jenkins & Son Cranberry Co., LLC. Permit and maintain agricultural water control structures and sluiceway; seasonal removal of 4 – 6 yards of leaf/sand debris at inlet of culvert at 0 Pleasant Pines Ave., Centerville as shown on Assessors Map 234 Parcel 018-T00 SE3-4840 The applicant was represented by Dan Ojala, P.E. Issues discussed:

Dredge spoil to be deposited in an upland burrow area to the north A motion was made to approve the project with special conditions. Seconded and voted unanimously. Town of Barnstable/D.P.W. Repair and maintenance of existing boat ramp and timber pier at 263 Millway, Barnstable as shown on Assessors Map 300 Parcel 027. SE3-4839 The applicant was represented by Russell Titmus, P.E. Issues discussed:

In addition to ramp reconstruction, 8 – 10 pier pilings would be replaced. An articulated concrete pad to be placed at the terminus of the ramp.


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V CERTIFICATES OF COMPLIANCE (ez = staff recommends approval) (* = on-going conditions) A. Bayside Building SE3-1663 (coc,ez) construct single-family dwelling * B. Dixon SE3-4371 (coc,ez) construct sunroom to sfd * B. Carey SE3-4515 (coc,ez) raze & construct single-family dwelling * A motion was made to approve the above (“A – B”) certificates. Seconded and voted unanimously. VI OLD & NEW BUSINESS (Continued) A. Clarification on 2 piers: Dodge SE3-4836, and McDonough SE3-4824 Arlene Wilson attended the meeting. Additional bathymetry provided (and accepted) indicates adequate depth for both boats to berth bow-in, as requested by the Commission A revised seasonal pier concept (using helical anchors and fiber glass piling) was presented. The innovative approach was thoroughly discussed, with the biggest concern being that, perhaps, too much pier in terms of design. A finding would be attached to the Order, citing this as an innovative technique and a site-specific application. For Dodge, a motion was made to allow this experimental pier design. The motion was seconded and voted unanimously. A motion was made to adjourn. Seconded and voted unanimously. The time was 8:38 p.m.

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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 6:31 p.m. by Chairman Dennis R. Houle. Also attending were Vice-Chairman Tom Lee and Commissioners John Abodeely, Peter Sampou, Scott Blazis, Larry Morin, and Louise Foster. Rpb Gatewood, Conservation Administrator was away. Darcy Karle, Conservation Agent, assisted. The meeting was held in the Selectmen’s Conference Room, Barnstable Town Hall, Hyannis, MA. I OPENING OF MEETING FOLLOWED IMMEDIATELY BY EXECUTIVE SESSION A motion was made to enter executive session to discuss pending litigation. Seconded and voted by roll call: Houle – aye Lee – aye Abodeely – aye Blazis – aye Morin – aye Foster – aye The Chairman informed the public that the Commission could be expected back in public session at approximately 7:00 p.m. II RETURN TO PUBLIC SESSION The Commission returned to public session at 7:03 p.m. III MINUTES FOR APPROVAL A. August 18, 2009 (and executive session minutes of same date) A motion was made to approve the minutes, as amended. Seconded and voted unanimously.

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IV REVISED PLANS project type revision Town of Barnstable/DPW SE3-4701 re-pave; culvert, etc. culvert & bank protection The applicant was represented by Roger Parsons. Issues discussed:

Failure of contractor to maintain proper siltation controls and to construct berm; Placement of rip-rap on banking needed.

A motion was made to approve the revised plan. Seconded and voted unanimously. V REQUESTS FOR DETERMINATION Town of Barnstable/Conservation Div. To reclaim and maintain abandoned 4-foot-wide path known as “Cedar Grove Lane” (Assessors Map 20) for the purpose of providing public access to conservation parcel known as “Kitchen Cedar Swamp,” as shown on Assessors Map 021 Parcel 015. DA-09053 The applicant was represented by Darcy Karle. Issues discussed:

Leslie Kynock, Tr., commented that she had no objections to the project. A motion was made to issue a negative determination. Seconded and voted unanimously. Helen Marks Marvill. Upgrade existing failed older Title-5 septic system to new Title-5 system at 1636 Main St., W. Barnstable as shown on Assessors Map 197 Parcel 025. DA-09055 The applicant was represented by Dan Ojala, P.E. Issues discussed: no concerns arose. A motion was made to issue a negative determination. Seconded and voted unanimously. Frederick Steeves. Reconstruct aging deck with updated materials and increasing width from 8’ to 9’ at 946 Craigville Beach Rd., Bldg. 6, Unit 15, Centerville as shown on Assessors Map 226 Parcel 008-20N. DA-09056 The applicant attended the hearing. Issues discussed: no concerns arose. A motion was made to issue a negative determination. Seconded and voted unanimously.

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Ann B. Canedy. Eradicate phragmites invasive species from east property line to west property line by foliar application of herbicide Rodeo. Project to be overseen and certified by MA Audubon Society, to take place at 70 Vanduzer Rd., Cummaquid as shown on Assessors Map 352 Parcel 010. DA-09057 The applicant attended the hearing. Issues discussed:

Ms. Canedy wished to amend the application to read that the work would be done by Chris Polatin. Reference made to conditions set forth in prior Audubon Society permits.

A motion was made to issue a negative determination with the following conditions:

Work to be overseen by Mass. Audubon Work to be done by licensed applicator only, to be approved by Conservation staff Contractor to meet with Conservation staff prior to work; should consider wind velocity

Seconded and voted unanimously. Cape Cod Village Association. Eradicate colonies of phragmites invasive species on condominium property, as well as abutters to the east and west, to restore natural habitat of the area at Cape Cod Village Condominiums on Tokamahamon Rd., Vanduzer Rd., and Harbor Point Rd., Cummaquid as shown on Assessors Map 352 Parcels (various). DA-09058 The applicant was represented by Karen Moriarty. Issues discussed:

It was suggested that a condition be added that the project to be overseen by Mass. Audubon, as in Ms. Canedy’s case.

A motion was made to issue a negative determination with the following conditions:


Seconded and voted unanimously. Harold & Anna Belle Gramse, Trs. Eradicate phragmites invasive species (2178 sq. ft.) by foliar application of herbicide Rodeo. Project to be overseen and certified by MA Audubon Society, to take place at 98 Vanduzer Rd., Cummaquid as shown on Assessors Map 352 Parcel 061. DA-09059 The applicants attended the hearing. A motion was made to issue a negative determination with the following conditions:


Seconded and voted unanimously. VI CERTIFICATES OF COMPLIANCE (ez = staff recommends approval) (* = on-going conditions) A. Woelfel SE3-4135 (coc,ez) modification of existing decks * B. Moos SE3-4644 (coc,ez) construct shed & addition to single-family dwelling * A motion was made to approve all certificates (“A – B”). Seconded and voted unanimously.

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VII OLD & NEW BUSINESS A. Discussion on mulch Discussion involved clarification of special conditions with regard to the use of mulch as a landscaping material. A motion was made to adjourn. Seconded and voted unanimously. The time was 8:04 p.m.

MN092909 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 6:30 p.m. by Chairman Dennis R. Houle. Also attending were Vice-Chairman Tom Lee and Commissioners John Abodeely, Peter Sampou, Scott Blazis, Larry Morin, and Louise Foster. Rob Gatewood, Conservation Administrator, assisted. The meeting was held in the Hearing Room, Barnstable Town Hall, Hyannis, MA. I OPENING OF MEETING FOLLOWED IMMEDIATELY BY EXECUTIVE SESSION A motion was made to enter executive session to discuss pending litigation. Seconded and voted by roll call: Houle -aye Lee -aye Abodeely -aye Sampou -aye Blazis -aye Morin -aye Foster -aye The Chairman informed the public that the Commission could be expected back in public session at approximately 7:00 p.m. II RETURN TO PUBLIC SESSION The Commission returned to public session at 7:13 p.m. III MINUTES FOR APPROVAL A. September 1, 2009 B. September 8, 2009 A motion was made to approve the minutes (A – B). Seconded and voted unanimously.

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IV REQUESTS FOR DETERMINATION National Grid. Gas main extension and service connection Pheasant Way to #56 in Centerville as shown on Assessors Map 207 and 208 (various parcels). DA-09061 The applicant was represented by Brad Malo. Issues discussed:

Installation via plow method No trees will be removed.

A motion was made to issue a negative determination. Seconded and voted unanimously. Diane L. Currier, Tr., 1071 Old Post Road Realty Trust. Remove invasive phragmites by mechanical and/or chemical methods in consultation with Conservation staff at 1071 Old Post Rd., Cotuit as shown on Assessors Map 074 Parcel 028. DA-09060 The applicant was represented by Attorney Michael Ford and John O’Dea, P.E. Issues discussed:

Method of removal in consultation with staff Replanting in consultation with staff Reporting back at least two years post-treatment to assess need for replanting.

A motion was made to issue a negative determination. Seconded and voted unanimously. V NOTICES OF INTENT Diane L. Currier, Tr., 1071 Old Post Road Realty Trust. Timber boardwalk, pier, ramp, and float at 1071 Old Post Rd., Cotuit as shown on Assessors Map 074 Parcel 028. SE3-4841 The applicant was represented by Attorney Michael Ford and John O’Dea, P.E. Issues discussed:

Mr. Ford summarized the filing; Mr. O’Dea provided the details. A 10-foot waiver on overall length was requested (to accommodate the 30-foot ell). Mr. O’Dea pointed

out similarities with the nearby Svenson pier. The shellfish rating was “3” (low importance). The extra length was proposed as an extra measure of protection for the shellfish population Tom Marcotti, Town Shellfish Biologist, submitted a report which was read to the record.

The Commission stated that the ramp and float must be added to the overall length calculation. Thus, the waiver requested is understated (it would be 40 feet). Mr. Ford disagreed, citing the reading of the regulations and their application to Svenson, nearby. A mistake in the elevation view was detected by the Commissioners and will be corrected. A letter from the MA Division of Marine Fisheries was noted. Float stops will be provided. Greater pile spacing (~16' o.c.) will be looked into. A motion was made to approve the project with special conditions.

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(Currier, cont’d.) Seconded and voted unanimously. Sean Moloney. Construct deck; garage addition to existing house and add second floor at 118 Bay Ln., Centerville as shown on Assessors Map 186 Parcel 033. SE3-4843 The applicant was represented by Stephen Wilson, P.E. Issues discussed:

The proposed shed would be adjusted in order to miss any trees A total increase in the footprint requires a waiver A planting mitigation plan would be prepared, in consultation with staff, providing the typical 3:1 ratio, if

possible. The shed to be relocated closer to the house front The old cesspool will be pumped and filled.

A motion was made to approve the project with special conditions. Seconded and approved: 6 votes –aye; 1 vote –nay Jill P. Rowe. Construct studio/storage facility with retaining walls, decks, and grading; install sewer force main from proposed structure to existing 1,500 gal. H-20 septic tank at 55 Wianno Head Rd., Osterville as shown on Assessors Map 091 Parcel 006. SE3-4842 The applicant was represented by Mike Pimental, E.I.T. Issues discussed:

Work was limited to the flood pain, not in any buffer zone. A motion was made to approve the project with special conditions. Seconded and voted unanimously. VI CERTIFICATES OF COMPLIANCE (ez = staff recommends approval) (* = on-going conditions) A. Field SE3-4587 (coc,ez) add ramp and float to existing structure * B. Schwinn SE3-4307 (coc,ez) permit existing grid pad for sea plane * C. Syron SE3-4536 (coc,ez) construct seasonal pier, ramp, & float * A motion was made to approve all certificates (A – C). Seconded and voted unanimously. VII OLD & NEW BUSINESS A. None A motion was made to adjourn. Seconded and voted unanimously. The time was 8:24 p.m.

MN102009 1



DATE: October 20, 2009 – 6:30 P.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 6:30 p.m. by Chairman Dennis R. Houle. Also attending were Vice-Chairman Tom Lee, and Commissioners John Abodeely, Scott Blazis, Larry Morin, and Louise Foster. Peter Sampou was away. Rob Gatewood, Conservation Administrator, assisted. The meeting was held in the Hearing Room, Barnstable Town Hall, Hyannis, MA. I MINUTES FOR APPROVAL A. September 15, 2009 (and executive session) A motion was made to approve the minutes. Seconded and voted unanimously. II REQUESTS FOR DETERMINATION Paul & Phyllis Fireman. Confirm delineation of wetland resource boundaries at 92 South Bay Rd., Little Island, Osterville as shown on Assessors Map 093 Parcel 042-001, Lot 3; L.C. Plan 8730-F. DA-09062 The three Fireman RDA’s were opened simultaneously. (See below) Paul & Phyllis Fireman. Confirm delineation of wetland resource boundaries at 92 South Bay Rd., Little Island, Osterville as shown on Assessors Map 093 Parcel 042-001, Lot 4, L.C. Plan 8730-F. DA-09063 Paul & Phyllis Fireman. Confirm delineation of wetland resource boundaries at 92 South Bay Rd., Little Island, Osterville as shown on Assessors Map 093 Parcel 042-001, Lot 5, L.C. Plan 8730-F. DA-09064 The applicant was represented by Stephen Wilson, P.E. Issues discussed:

A revised plan was submitted, reconfiguring the velocity zone line. A motion was made to issue a positive determination for each of the three matters, approving the resource area delineations. Seconded and voted unanimously.

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Barnstable Housing Authority. Upgrade existing septic system and relocate existing well at 2439 Meetinghouse Way, W. Barnstable as shown on Assessors Map 155 Parcel 038. DA-09067 The applicant’s consultant could not attend the hearing. Issues discussed: None. A motion was made to issue a negative determination. Seconded and voted unanimously. R. Reed Gramse. Eradicate and control invasive species (phragmites) which have established several colonies at 80 Van Duzer Rd., Cummaquid as shown on Assessors Map 352 Parcel 062. DA-09065 The applicant did not arrive at the time the matter was called. Issues discussed:

The same conditions as those governing applicant’s neighbors’ phragmites-control project were proposed. A motion was made to issue a negative determination. Seconded and voted unanimously. Town of Barnstable/Growth Management Dept. Create and establish a coastal mitigation nursery to cultivate low-maintenance native species for future planning and use in areas throughout the town for various projects at 946 Craigville Beach Rd., Centerville as shown on Assessors Map 226 Parcel 008-001. DA-09072 The applicant was represented by Alisha Stanley. Issues discussed:

The Commission asked if the operation would be “organic.” Ms. Stanley was unsure. Americorp’s help would be requested for the maintenance.

Any proposed chemical use shall be subject to staff approval. A motion was made to issue a negative determination. Seconded and voted unanimously. III NOTICES OF INTENT James E. Purcell. Raze existing house and construct new house at 99 Hawes Ave., Hyannis as shown on Assessors Map 323 Parcel 012. SE3-4844 The applicant was represented by Stephen Wilson, P.E. Issues discussed:

Site connected to Town sewer Amount of mitigation for increased hardscape within Conservation jurisdiction (~ 80 sq. ft.) Installation of drywells/French drains for main house Adding standard lawn care

Public Comment:

Kathleen Bonner was concerned about increased site drainage and impacts on the neighborhood. Need for elevation views and what neighborhood dwellings also conform with flood zone requirements and

aesthetic impacts Disclosure on whether the house is over 70 years of age.

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(Purcell, cont’d.) A motion was made to approve the project with special conditions. Seconded and voted: 5 votes aye; 1 vote nay. Mary Elizabeth Coakley. Remove/replace existing retaining wall and fence on south side of existing driveway; remove portion of existing driveway and replace in kind; top-coat existing and proposed new portion of driveway at 11 Beech Leaf Island Rd., Centerville as shown on Assessors Map 187 Parcel 073. SE3-4845 The applicant was represented by Michael Pimental, E.I.T. Issues discussed:

Advance notice to office required JC Engineering will be on site during demolition.

A motion was made to approve the project with special conditions. Seconded and voted unanimously. Bayside Building Co., Inc. Construct single-family home with associated appurtenances to include Title-5 septic system, driveway, walkways, landscaping, and utilities at 208 Elliott Rd., Centerville as shown on Assessors Map 248 Parcel 057-003. SE3-4847 Both Bayside applications were opened simultaneously. (See below) Bayside Building Co., Inc. Construct single-family home with associated appurtenances to include Title-5 septic system, driveway, walkways, landscaping, and utilities at 210 Elliott Rd., Centerville as shown on Assessors Map 248 Parcel 057-004. SE3-4846 The applicant was represented by Norman Hayes. Mr. Hayes described the many aspects of the project designed to protect box turtles and their habitat. Issues discussed:

The importance of having consultant inspections on a regular basis to ensure compliance with the terms of the Order

Public comment:

Kevin Campbell affirmed that turtles are found on the site A motion was made to approve the project with special conditions. Seconded and voted unanimously, with one abstention. Robert Popeo. Clearing and grading within the 100 – 50-foot buffer zone and vista pruning within the 50-foot buffer zone at 150 Carriage Rd., Osterville as shown on Assessors Map 071 Parcel 015-002. SE3-____ The applicant was represented by Jason Clough. Issues discussed:

Extent of clearing within the 50 – 100-foot arc (would be converted lawn). The Commission was concerned for the great degree of clearing.

On-site consultation with staff regarding preservation of any specimen tree(s) within the 50 – 100-foot arc Trouble reading the contours on the plan The need for “existing-conditions” plan with overlay for proposed contours Fence at the 50-foot mark

MN102009 4

(Popeo, cont’d.) Vista pruning in keeping with Conservation Vista Pruning Guidelines Site run-off into the 50-foot buffer zone.

A motion was made to continue the hearing to December 1, 2009. Seconded and voted unanimously. IV CERTIFICATES OF COMPLIANCE (ez = staff recommends approval) (* = on-going conditions) A. Hirsch SE3-4324 (coc,ez) raze guest house; construct addition to sfd * B. Thorp SE3-4815 (coc,ez) construct deck to single-family dwelling * C. Mykrantz SE3-4720 (coc,ez) construct pool * D. Mykrantz SE3-4567 (coc,ez) construct dinghy dock, ramp, & float * E. TOB/DPW SE3-4598 (Partial coc,ez) reconstruct wharf at Pleasant St., Hyannis F. Shay SE3-4510 (coc,ez) remove nuisance vegetation * A motion was made to approve all certificates (“A – F”). Seconded and voted unanimously. V OLD & NEW BUSINESS A. Training schedule at shooting range The matter was tabled until November 3rd. B. Cotuit-Santuit Civic Assoc. proposal A proposal from the Cotuit-Santuit Civic Association was presented, to expand the Town’s dingy storage policy to Little River Road and all other beaches, landings and ways-to-water in Cotuit. A motion was made to endorse the request to the Town Manager. Seconded and voted unanimously, with one abstention. C. Withdrawal of Letter of Intent to CPC A motion was made to approve a letter of withdrawal on the proposed acquisition. Seconded and voted unanimously. A motion was made to adjourn Seconded and voted unanimously. The time was 8:15 p.m.

MN110309 1



DATE: November 3, 2009 – 6:30 P.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 6:30 p.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 Selectmen’s Conference Room, Barnstable Town Hall, Hyannis, MA. I MINUTES FOR APPROVAL A. September 29, 2009 B. October 13, 2009, as amended A motion was made to approve the minutes (“A” and “B”). Seconded and voted unanimously. II REQUESTS FOR DETERMINATION Richard W. Griffith. Permit existing boardwalk (32’ x 40”); permit existing path (approx. 9’wide); permit existing beach area (approx. 500 sq. ft.) at 153 Hollidge Hill Lane, Marstons Mills as shown on Assessors Map 081 Parcel 024. DA-09066 The applicant attended the hearing. Issues discussed: Mr. Griffith described his site. The Commission requested that the path and boardwalk be addressed with any vista pruning application. The applicant will be allowed to cut the existing grapevine at the base. The boardwalk is to be removed or reconstructed with appropriate deck-plank spacing. A motion was made to issue a negative determination. Seconded and voted unanimously.

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(RDA’s, cont’d.) Hilda S. Whyte. Upgrade existing septic system at 362 Huckins Neck Rd., Centerville as shown on Assessors Map 233 Parcel 033. DA-09069 The applicant was represented by Michael Pimental, E.I.T. Issues discussed: Enforcement issues are being addressed. The Commission pointed out that the proposed electrical junction box was inside the tank. This might not be the best design. A motion was made to issue a negative determination. Seconded and voted unanimously. Paul Sklarew. Vista pruning of trees and plants bordering interface of backyard and tributary of Centerville River at 93 Pheasant Way, Centerville as shown on Assessors Map 228 Parcel 135. DA-09068 The applicant attended the hearing, as did Scott Schofield. Issues discussed:

Wetland tree species may pose an obstacle to gaining a view. Staff consultation will take place in the field. Phragmites may be removed in consultation with staff, if desired by the applicant.

A motion was made to issue a negative determination. Seconded and voted unanimously. Peter M. Prygocki. Construct 3’ x 5’ gravel pad for generator and 2 propane tanks on north side of property; construct 8’ x 10’ shed on southeast side of property, and 2 sections of 6-foot-high privacy fence on south side of property measuring 17’ and 6’ long, respectively, at 242 Clamshell Cove Rd., Cotuit as shown on Assessors Map 005 Parcel 005. DA-09070 The applicant attended the hearing. Issues discussed:

The fence will be six-inches above grade. A motion was made to issue a negative determination. Seconded and voted unanimously. III NOTICES OF INTENT Jay Bergeron and Joanne Crowley. Construct permanent timber pier with seasonal ramp and float at 59 Short Beach Rd., Centerville as shown on Assessors Map 206 Parcel 034. SE3-4709 The applicant was represented by Attorney James Quirk, and Arlene Wilson, P.W.S. Issues discussed:

A summary of the project was provided by Ms. Wilson. Waivers would be required for pier length vs. water frontage, as well as for boat draft and waterway width

vs. pier length.

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(Bergeron/Crowley, cont’d.)

A shellfish survey was conducted, but none were observed in the mucky substrate of the pier locus. No concerns emerged from the Harbormaster.

There are 48 existing piers in the waterway, many with old permits with no draft restriction, and about an equal number of moorings, also having no draft restriction.

Ms. Wilson said that impacts from the subject pier would be so small as to be incalculable. In terms of cumulative impact, only three lots without piers remain in the area.

The Commission observed that the site was not staked, nor was a shellfish survey conducted by the applicant, as required. Since the original decision, five waivers for pier length have been granted by the Commission, evidence of a lack of bias on their part. Concern for the requested waiver for boat draft was expressed. The Commission termed the request for a boat with 12-inch draft with motor up, a wholly new matter . The Commission cited several statements from the previous record in which the applicants stated that they could abide by the 12-inch rule. Now, a boat with a 12” draft with the engine up is being proposed. That is very different from a boat conforming with the 12-inch rule. The MA Estuaries Program Report on the Centerville River was cited at length. Nutrient-related quality may be worsened by piers and boat use, according to the report. The cove at the locus was cited in the Project Report as an example of a pro-active action by the Town in dredging the cove and re-establishing proper flushing of the “lagoon,” as it was called. Motorcraft-induced sedimentation may damage the lagoon and downstream waters. The Commission found the site extremely mucky in silts/clays. Approximately 14% of the water body’s nitrogen load is internal. Sediment samples were displayed, looking very dark and mucky. The Commission asserted its regulatory interest in limiting nitrogen pollution, as exacerbated by churning and re-suspension of sediments. A description of Stokes Law was provided, relating particle-settling to particle size. Propeller dredging can liberate nitrogen and clay particles from the bottom. It is likely to suspend silts, as well. In time, nitrogen removal will move apace through concerted efforts of the Town and its residents. It will be an expensive undertaking. The effort could be cut short in the Centerville River by prop-dredging in shallow waters within the lagoon. Available depth at the pier may still enable the use of a small motorized inflatable, in conformance with the Commission’s draft regulations. Attorney Quirk maintained that the locus is being singled-out as the problem, in an area of many boats. He added that a DEP superseding order has issued which approved the project. Few of the older piers have any draft restrictions, and many have substantial boats. Existing moorings scour the bottom as moorings chains pivot. Ms. Wilson described the situation as a “needle in a very mucky haystack.” The applicant offered to seed clams in the better habitat of the nearshore. A motion was made to approve, with standard conditions, a pier at the proposed length, but to require conformance with the standard draft requirement. Seconded and voted unanimously. Philip Hudock. Construct detached garage with room over and driveway extension at 97 Southgate Dr., Hyannis as shown on Assessors Map 306 Parcel 264. SE3-4849 The applicant was represented by Lynne Hamlyn. Issues discussed:

A 2.4 acre wetland parcel was proposed to be deeded to the Town as mitigation for the needed waiver of the 50- foot buffer requirement.

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(Hudock, cont’d.)

The Commission needed some persuasion as to the merit of land acquisition as a proxy for on-site mitigation.

Public comment: A letter from the Rand’s (abutters), in opposition to the project, was noted. Mrs. Rand expressed concern for drainage impacts which he said may cause flooding to his parcel and basement. Mr. Reed expressed the same concern. The Commission commented that, while stormwater can be a problem, drainage of upland flows from private parcels had no inherent right to be diverted to those of a neighbor. Mr. Hudock said that, so long as water doesn’t run uphill, his project should not produce any impact to the abutters. The Commission agreed. The land would be transferred to the Town prior to the start of work. A motion was made to approve the project with special conditions. Seconded and voted unanimously. IV CONTINUANCES Town of Barnstable/Conservation Division. Mystic Lake, a 148 acre deep kettle hole lake located in Marstons Mills, Barnstable, experiences chronically low oxygen in its bottom waters during summer. Under these conditions, phosphorus is released from the bottom sediments. This internal release of stored nutrients is the primary source of total phosphorus to the lake, which is leading to increasing productivity in the form of algal blooms. To significantly reduce the internal phosphorus recycling and improve ecological and recreational functions of the lake, a nutrient inactivation (i.e., alum) treatment is proposed. SE3-4773 The applicant was represented by Rob Gatewood. Mr. Gatewood requested a continuance to February 2nd. A motion was made to continue the hearing to February 2, 2010. Seconded and voted unanimously. No testimony was taken. V CERTIFICATES OF COMPLIANCE (ez = staff recommends approval) (* = on-going conditions) A. DeSimone SE3-4566 (coc,ez) construct stone retaining wall on coastal bank * B. McCarthy SE3-4413 (coc,ez) raze & construct single-family dwelling * C. Annis SE3-4648 (coc,ez) construct additions to single-family dwelling * D. Jaques SE3-4620 (coc,ez) construct single-family dwelling * E. Ryan SE3-4477 (coc,ez) construct bank stairs; replace bulkhead * F. Farrell SE3-4269 (coc,ez) modify deck; landscaping; construct pier *

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(COC’s, cont’d.) G. Trisko SE3-4522 (coc,ez) improvements to cottage and cabin * A motion was made to approve all the certificates (“A – G”). Seconded and voted unanimously. VI OLD & NEW BUSINESS A. Sutherland CR on Shubael Pond, Jaci Barton Jaci Barton, Executive Director of the Barnstable Land Trust, attended and explained the proposed restriction. A drainage easement to retain flows to Shubael Pond is to be worked out with the Town if regulatory constraints (threatened species) are mapped on the site. A motion was made to endorse the proposed restriction. Seconded and voted unanimously. B. Performance standards for aesthetics The Commission discussed the potential for establishing aesthetic performance standards. Such standards would need to be wetlands-protection-based. Commissioner Blazis would lead the effort. A pubic discussion would be held with the Commission, once Mr. Blazis’ ideas are brought back for airing. C. Training schedule at shooting range Police training during the peak of hunting season preparation was discussed. For example, eight days out of a two-week period were booked by the Barnstable Police Department. In the end, the Commission decided to seek a two to three week advance notice of the closing of the range. D. Sandy Neck Park Manager’s report up-coming The Commission was in favor of the report being presented at an evening hearing, rather than during a morning one. A motion was made to adjourn. Seconded and voted unanimously. The time was 9:25 p.m.

MN111709 1



DATE: November 17, 2009 – 6:30 P.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 6:30 p.m. by Chairman Dennis R. Houle. Also attending were Vice-Chairman Tom Lee and Commissioners John Abodeely, Peter Sampou, and Scott Blazis. Commissioners Larry Morin, and Louise Foster were away. Rob Gatewood, Conservation Administrator, assisted. The meeting was held in the Hearing Room, Barnstable Town Hall, Hyannis, MA. I MINUTES FOR APPROVAL A. October 20, 2009 A motion was made to approve the minutes. Seconded and voted unanimously. II REQUESTS FOR DETERMINATION Nick Scioli. Construct gravel circular driveway and remove two trees at 55 Lake Ave., Hyannisport as shown on Assessors Map 287 Parcel 023-001. DA-09071 The applicant attended the hearing. Issues discussed:

Two trees need to be taken down. A motion was made to issue a negative determination. Seconded and voted unanimously. Patricia Lawlor. Cut and re-grade strip of front lawn; buffer plantings; remove two trees at 410 High St., W. Barnstable as shown on Assessors Map 111 Parcel 046. DA-09074 The applicant attended the hearing. Issues discussed:

Mitigation planting was proposed. A motion was made to issue a negative determination.

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(Lawlor, cont’d.) Seconded and voted unanimously. Stephen Miller. Cut-back/remove Bittersweet in fall; use herbicide in spring at 145 Bridge St., Osterville as shown on Assessors Map 093 Parcel 035. DA-09075 The applicant attended the hearing. Issues discussed:

A licensed applicator will be required for bittersweet removal. A motion was made to issue a negative determination. Seconded and voted unanimously. Hyannis Court Associates/Steve Furrer. Draining and parking area upgrades at 735 Attucks Ln., Hyannis, as shown on Assessors Map 295 Parcel 017. DA-09076 The applicant did not attend the hearing. Issues discussed:

The need for repair of the weak portions of the existing sediment barriers Stabilizing the rear slope.

A motion was made to issue a negative determination. Seconded and voted unanimously. III NOTICES OF INTENT Frank R. & Nancy M. Selldorff. Propose to replace timber bulkhead at 102 Bluff Point Dr., Cotuit as shown on Assessors Map 034 Parcel 071. SE3-4850 The applicant was represented by John O’Dea, P.E. Issues discussed:

Tie-ins with existing adjacent bulkheads must be carefully considered Work protocol will be worked out in advance with staff at the site

A motion was made to approve the project with special conditions. Seconded and voted unanimously. Mark Fazio. Construct single-family dwelling with attached garage, subsurface septic system and drive at 36 Deacon Court, Barnstable as shown on Assessors Map 300 Parcel 054. SE3-____ The applicant was represented by Lynne Hamlyn. Issues discussed:

Project requires septic system variance to property line. An application has been filed with the Board of Health.

An alternative analysis was presented for the reason(s) why the 50-foot buffer zone traverse was, in fact, the best option.

Planting viburnums was offered as mitigation.

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(Fazio, cont’d.) The driveway will pitch away from the wetland. It was believed that this would be inadequate to prevent

slope blow-out. Ms. Hamlyn said she would have the project engineer design a drainage solution. The lot has been approved under zoning.

The house would reside approximately 58-feet from the wetland. A pre-construction work limit line inspection and certification by the project engineer was proposed.

Weekly inspections will be made Public comment:

Wayne Norwood said that a house in this location would be uncharacteristic of the neighborhood, in terms of proximity. Work would be phased, with the road requiring final inspection by staff before house construction begins.

A motion was made to approve the project with special conditions. Seconded and approved: 4 votes aye; 1 vote nay. Richard Egan/Crosby Yacht Yard, Inc. Re-permit work approved under file SE3-4411. The work includes removal of a fire damaged wharf, pier and small wood shed, and removal of existing marine railway; install bulkhead and extend pavement from Cockachoiset Lane to – and onto – wharf, and install drainage; construct timber pier/deck; dredge approximately 830 cubic yards and place spoil behind bulkhead at 41 Cockachoiset Ln., Osterville as shown on Assessors Map 116 Parcel 009. SE3-____ The applicant was represented by John O’Dea, P.E. Issues discussed:

The previous Order of Conditions has expired Winter flounder and horseshoe crab habitat was noted by the Division of Marine Fisheries. No concerns

were relayed in the Waterways Committee letter. Parking lot leaching drains would be constructed; designed for a 25-year storm.

A motion was made to approve the project with special conditions. Seconded and voted unanimously. IV CERTIFICATES OF COMPLIANCE (ez = staff recommends approval) (* = on-going conditions) A. Joyce SE3-4482 (coc,ez) construct decks, walls, etc.; landscaping; widen driveway * B. F.E.C. R/T SE3-4611 (coc,ez) construct single-family dwelling * C. DeSimone SE3-4631 (coc,ez) construct stairs over revetment * A motion was made to approve all certificates (A – C). Seconded and voted unanimously. V OLD & NEW BUSINESS A. Kaess Conservation Restriction on Barnstable Harbor. B. Mitchell Conservation Restriction on Barnstable Harbor. The two restriction discussions were opened simultaneously. Jaci Barton, Executive Director of the Barnstable Land Trust, attended the hearing.

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(Old and New Business, cont’d.) The proposed conservation restrictions were described. Both reside on Barnstable Harbor. Both restrictions are important for maintenance of continued good water quality within the ACEC. Tax impact (losses to the Town) would be minimal, since the conservation restrictions affect backland, un-subdivided. Public access benefits would be minimal, but many other public benefits would accrue to the Town, should the conservation restrictions be approved. A motion was made to endorse the Kaess conservation restriction. Seconded and voted unanimously. A motion was made to endorse the Mitchell conservation restriction. Seconded and voted unanimously. A motion was made to adjourn. Seconded and voted unanimously. The time was 8:03 p.m.

MN120109 1



DATE: December 1, 2009 – 6:30 P.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 6:30 p.m. by Chairman Dennis R. Houle. Also attending were Vice-Chairman Tom Lee and Commissioners John Abodeely, Peter Sampou, Scott Blazis, Larry Morin, and Louise Foster. Rob Gatewood, Conservation Administrator, assisted. The meeting was held in the Hearing Room, Barnstable Town Hall, Hyannis, MA. I OLD & NEW BUSINESS A. Sandy Neck Park Manager’s year-end report Nina Coleman, sandy Neck Park Manager, presented her end-of-season report which is always of interest to the Commission. It was a banner year for Diamondback Terrapins; not so for Piping plovers. 432 pairs of terns nested, making them the most pressing conflict as far as off-road vehicles use goes. Marsh trail repair (patching) continues under a separate Order of Conditions. The phragmites removal project also continues, as the Town has taken the project back from the Nature Conservancy. II MINUTES FOR APPROVAL A. November 3, 2009 B. November 10, 2009 A motion was made to approve the minutes (A and B). Seconded and voted unanimously. III REQUESTS FOR DETERMINATION Kevin Burke. To permit removal and control of invasive species Phragmites at 17 Keating Rd., Hyannis as shown on Assessors Map 306 Parcel 004. DA-09073 The applicant attended the hearing. Issues discussed:

A licensed applicator to do the work. Re-vegetation will be required, as necessary, in consultation with staff.

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MN120109 2

(Burke, cont’d.) A motion was made to issue a negative determination. Seconded and voted unanimously. Jerome and Marlene Goldstein. Install new casement windows into existing screen porch frame; all windows and new door to fit within existing openings at 199 Meadow Ln., W. Barnstable as shown on Assessors Map 134 Parcel 018-001. DA-09079 Commissioner Lee recused himself. The applicant was represented by Tom Swinson. Issues discussed:

No concerns arose. No change of use is anticipated.

A motion was made to issue a negative determination. Seconded and voted unanimously. Robert W. Morey. Replace rotting landscape timber wall with dry-laid stone wall, and replace Arborvitae border with Inkberry at 18 Mt. Vernon Ave., Hyannisport as shown on Assessors Map 287 Parcel 115. DA-09077 $16.50 The applicant was represented by Craig Condinho. Issues discussed:

Some cut vegetation was dumped near the wetland. A motion was made to issue a negative determination. Seconded and voted unanimously. IV NOTICES OF INTENT David G. Mugar. Construct and maintain timber pier, ramp and float at 114 Peppercorn Ln., Cotuit as shown on Assessors Map 004 Parcel 009-001. SE3-4851 The applicant was represented by John O’Dea, P.E. Issues discussed:

The Waterways Committee had no issue with the project. The project required a waiver for exceeding 20% of a linear waterway. Letters from MA Division of Fisheries & Wildlife, the Harbormaster, MA Division of Marine Fisheries ,

and the Town Shellfish Constable indicated that no concerns emerged with regard to the project. Discussion ensued with regard to shortening the pier by ten feet to bring it into compliance with regulations. Others said that granting the waiver would result in an adverse impact. The necessity of proposed tie-off pilings was discussed The float area was discussed; 200 sq. ft. was deemed necessary. A motion was made to approve the project with special conditions, minus the tie-off piling. A revised plan will be submitted.

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(Mugar, cont’d.) Seconded and voted unanimously. Peter Prygocki and Joann Johnson. Construct walkway, pier, platform, mooring post and line; maintain existing bank access path at 242 Clamshell Cove Rd., Cotuit as shown on Assessors Map 005 Parcel 005. SE3-4854 The applicant was represented by Arlene Wilson, P.W.S. Issues discussed:

A variance was requested to berth and use an inflatable (with no more than a 7-inch draft, motor extended) Few shellfish were found, although rated high value habitat (9) No Waterway’s issues were noted, other than the lack of expectation for a mooring to be attached to the

pier No boats would be stored on the beach No motorcraft would be used or berthed at the pier and its outhaul.

A motion was made to approve the project with special conditions. Commissioner Morin was absent for the vote. Seconded and voted unanimously. V CONTINUANCES Robert Popeo. Clearing and grading within the 100 – 50-foot buffer zone and vista pruning within the 50-foot buffer zone at 150 Carriage Rd., Osterville as shown on Assessors Map 071 Parcel 015-002. SE3-4848 The applicant was represented by Michael Wasser and Jason Clough. Issues discussed:

Peter Sampou was not on the quorum Revised plans were submitted No concerns arose.

A motion was made to approve the project with special conditions. Seconded and voted unanimously. VI CERTIFICATES OF COMPLIANCE (ez = staff recommends approval) (* = on-going conditions) A. TOB / DPW SE3-1562 (coc,ez) repair bulkhead at Bismore Park B. Pascucci SE3-3973 (coc,ez) raze & construct single-family dwelling * C. Ratkowski SE3-0804 (coc,ez) construct single-family dwelling (not done) D. Griffith SE3-0384 (coc,ez) construct single-family dwelling * E. TOB / DPW SE3-4790 (partial coc,ez) repair bulkhead at West Bay Road. Osterville * A motion was made to approve all the certificates (A – E). Seconded and voted unanimously.

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VII OLD & NEW BUSINESS (continued) A. FY2011 Budget The Chair relayed to the Commission a suggestion by the Town Manager that Boards be proactive in the budget process in defense of their Division’s programs. A parking permit program was suggested for supplementing the budget. The Commission encouraged the development of “cold, hard statistics” in its letter and presentation to the Town Council. They also encouraged the delineation of “hard” program costs from “softer” costs. A letter will be drafted by the Chair following input from Commissioners. A motion was made to adjourn. Seconded and voted unanimously. The time was 8:32 p.m.

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DATE: January 5, 2010 – 6:30 P.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 6:30 p.m. by Chairman Dennis R. Houle. Also attending were Vice-Chairman Tom Lee, and Commissioners John Abodeely, Peter Sampou, Scott Blazis, and Larry Morin. Commissioner Louise Foster was away. Rob Gatewood, Conservation Administrator, assisted. The meeting was held in the Hearing Room, Barnstable Town Hall, Hyannis. I OPENING OF MEETING FOLLOWED IMMEDIATELY BY EXECUTIVE SESSION A. Discussion of pending litigation A motion was made to enter executive session to discuss pending litigation. Seconded and voted by roll Call: Houle -aye Lee -aye Abodeely -aye Sampou -aye Blazis -aye Morin -aye The Chairman informed the public that the Commission could be expected back in public session at approximately 7:00 p.m. II RETURN TO PUBLIC SESSION The Commission returned to public session at 7:05 p.m. III AMENDED ORDERS Bay Shore Realty Trust. Request Amended Order of Conditions under Wetlands File No. SE3-4314 for a revised float configuration and railing design of an approved pier at 183 Bay Shore Rd., Hyannis as shown on Assessors Map 325 Parcel 180. SE3-4314 The applicant was represented by Attorney Steve Pizzuti and Lynne Hamlyn.

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Attorney Pizzuti outlined the case. Chairman Houle said that due to a defective Order of Conditions, no draft restrictions govern the structure. Issues discussed:

The proposed reconfigured pier would also have two berths, one governed by a 9-inch water column restriction; the other, a 12-inch water column restriction.

The stairs would be rebuilt in the approved footprint. The balusters would be removed and replaced with standard horizontal rails. An amended order would replace the defective one.

A motion was made to approve the negotiated settlement. Seconded and voted unanimously. IV MINUTES FOR APPROVAL A. December 8, 2009 B. December 15, 2009 A motion was made to approve the minutes. Seconded and voted unanimously. V REQUESTS FOR DETERMINATION Ocean Coast Construction. Remove existing porch (±14’ x 9’) and construct new porch (16.5’ x 12’); construct narrow addition to west side of guest house at 253 Seapuit River Rd., Oyster Harbors, Osterville as shown on Assessors Map 051 Parcel 002. DA-10001 The applicant was represented by Stephen Wilson, P.E. Issues discussed: No concerns arose. A motion was made to issue a negative determination. Seconded and voted unanimously. Donald F. Law, Jr. & Sara Molyneaux. Remove 180 sf of existing lawn; install patio. Construct addition to single family dwelling at 595 Old Post Rd., Cotuit as shown on Assessors Map 054 Parcel 016. DA-10002 The applicant was represented by Peter Sullivan, P.E. Issues discussed: Staff discussed a more detailed, recorded negative determination. A motion was made to issue a negative determination. Seconded and voted unanimously. William Greer. Repair, regrade and resurface Saltmeadow Lane over existing width footprint for a distance of 100 feet; limbing of trees and shrubs for road-access sight safety at Rte. 6A (Main St.), W. Barnstable as shown on Assessors Map 156 Parcel N/A. DA-10003 The applicant attended the hearing.

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Issues discussed: Proposed road improvements are required by Planning Board covenant.

A motion was made to issue a negative determination. Seconded and voted unanimously. VI NOTICES OF INTENT Thomas DeVesto & Angela Hahn. Construct retaining wall, maximum height ±5 feet at 821 Old Post Rd., Cotuit as shown on Assessors Map 073 Parcel 007. SE3-4858 The applicant was represented by Stephen Wilson, P.E. Issues discussed: No concerns arose. A motion was made to approve the project with special conditions. Seconded and voted unanimously. Town of Barnstable/Conservation Div. Continue hydrilla-control project at Long Pond (on-going since 2002) using Sonar aquatic herbicide, hand-pulling, and benthic blankets, Long Pond, Centerville as shown on Assessors Maps 229, 209, 208, 228 Parcels N/A. SE3-4859 The applicant was represented by Rob Gatewood and Keith Gazaille. Issues discussed:

A compromise start-date of June 15th (Division of Marine Fisheries had requested July 1st). A one-week advance notice to Division of Marine Fisheries and MA Division of Fisheries and Wildlife A finding which would convey interest in minimizing herbicide use, where physical methods prove to be

both cost – and control – effective. A motion was made to approve the project with special conditions. Seconded and voted unanimously. Diane L. Glick. Construct and maintain pier, ramp, and float at 285 Baxters Neck Rd., Marstons Mills as shown on Assessors Map 075 Parcel 010-002. SE3-4861 The applicant was represented by Attorney Michael Ford and Rob Braman, P.L.S. Issues discussed:

A waiver for overall length was requested. The shellfish habitat rating of “3” pertained. No Glick mooring exists, contrary to what the plan shows Reducing the waiver from 30 feet to 10 feet by shortening the pier and removing the Tiara 3600 The Town Shellfish Biologist found the habitat a “high-quality” historical shellfish area. He did not

support the project. Data may show the area should rate a “9” or “10”, instead of a “3”. Placement of 2002 Glick pier decision/special conditions on the present record Potential of granting a waiver on the overall length, but imposing a 30-inch draft requirement. Placement of outhaul piling to stabilize the berths.

A motion was made to approve the project with special conditions. Seconded and voted unanimously; one Commissioner abstained. A revised plan will be submitted.

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VII AMENDED ORDERS (Continued) Michael & Donna Benoit. Request for a change of boat at dock under Wetlands File No. SE3-4416 from a 23 Maritime skiff to a slightly larger express-style boat in the 25 – 26-foot range at 77 Point Isabella Rd., Cotuit as shown on Assessors Map 073 Parcel 031. SE3-4416 The applicant attended the hearing. Issues discussed:

Much of the applicant’s boat use deals with sailing instruction. Boat draft would remain the same. Shellfish rating of “4”

A motion was made to approve the amended order for the larger boat. Seconded and voted unanimously. VIII CERTIFICATES OF COMPLIANCE (ez = staff recommends approval) (* = on-going conditions) A. Drake SE3-3624 (coc,ez) construct single-family dwelling * B. Housing SE3-4685 (coc,ez) construct apartment building * Assistance Corporation C. TOB SE3-3658 (coc,ez) fanwort treatment in Lake Wequaquet Conservation Division D. Pieper SE3-4271 (coc,ez) relocate pier, add ramp & float * A motion was made to approve all the Certificates. Seconded and voted unanimously. IX OLD & NEW BUSINESS A. Discussion on outhauls The Commission discussed a progression and intensification of use of “pully-pole” outhauls adjacent to Bay Street landing in Osterville. The Commission discussed the need for regulations, and dealing with the issue on a prospective basis. Regulation workshops, once a draft regulation is developed, will be considered. Staff will prepare the draft regulation for the Commission’s consideration. A motion was made to adjourn. Seconded and voted unanimously. The time was 9:40 p.m.

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DATE: January 19, 2010 – 6:30 P.M.



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 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 MINUTES FOR APPROVAL A. January 5, 2010 A motion was made to approve the minutes. Seconded and voted unanimously. There was one abstention. II REQUESTS FOR DETERMINATION Susan Francis. Construct complete septic system to replace existing failed septic system at 249 Holly Point Rd., Centerville as shown on Assessors Map 232 Parcel 070. DA-10004 The applicant was represented by Peter McEntee, P.L.S. Issues discussed:

Board of Health variances have already issued. The clippings dump was required to be removed.

A motion was made to issue a negative determination. Seconded and voted unanimously. Susan Simon, POA for Adele Barraro. Construct complete new septic system to serve facility. Existing failed septic system will be pumped, filled, and abandoned at 18 Briarcliff Ln., Centerville as shown on Assessors Map 208 Parcel 106. DA-10005 The applicant was represented by Peter McEntee, P.L.S.

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(NOI’s, Stuborn, cont’d.) A motion was made to continue the hearing to February 16, 2010. Seconded and voted unanimously. William P. & Barbara R. Driscoll, Trs./Four D Trust. Remove portion of existing dwelling and construct addition and porch in same general area at 1230 Craigville Beach Rd., Centerville as shown on Assessors Map 206 Parcel 110. SE3-4860 The applicant was represented by John O’Dea, P.E. Issues discussed:

A slight waiver request from the buffer zone regulation was proposed for the addition. Mitigation at 3:1 was proposed.

Seasonal cutting at 6-inch height with shrub plantings, in consultation with staff, would be provided in the mitigation areas. A clippings dump would be removed; boat and paraphernalia storage along the wetland margin would be discontinued. A motion was made to approve the project with special conditions. Seconded and voted unanimously. Ray D. Leone. Proposed pier, ramp, and float at 47 Ladd Rd., Centerville as shown on Assessors Map 206 Parcel 059-001. SE3-4862 The applicant was represented by John O’Dea, P.E. Mr. and Mrs. Leone attended. Issues discussed:

The Leone house is located across the street from the pier site. A waiver for the pier was requested , due to proximity to the channel.

The Leone mooring float and their existing mooring in East Bay would be forfeited. Comments from the MA Marine Fisheries were noted. Correspondence from the Town Shellfish Biologist was noted; no shellfish resource exists there. A letter form the Harbormaster was noted, dealing with mooring forfeiture. The Commission discussed the lack of an applicant’s shellfish survey. The Town Shellfish Biologist’s finding would apply. A motion was made to approve the project with special conditions. Seconded and voted unanimously. IV CERTIFICATES OF COMPLIANCE (ez = staff recommends approval) (* = on-going conditions) A. McPhee SE3-4763 (coc,ez) raze & construct single-family dwelling * B. Sidman SE3-4806 (coc,ez) construct elevated stairway; permit existing deck * C. TOB/DPW SE3-3250 (coc,ez) improvements to Cotuit Road / Route 149 * D. TOB/DPW SE3-2707 (coc,ez) improvements to Cotuit Road / Route 149 *

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(COC’s, cont’d.) E. Letch SE3-1487 (coc,ez) construct single-family dwelling (not done) F. Canniff SE3-0646 (coc,ez) construct addition to sfd (not done) G. Buppert SE3-4471 (coc,ez) construct revetment; maintain existing patio & deck * A motion was made to approve all certificates. Seconded and voted unanimously. A motion was made to adjourn. Seconded and voted unanimously. The time was 8:25 p.m.

MN020210 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 6:30 p.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 MINUTES FOR APPROVAL A. January 12, 2010 A motion was made to approve the minutes. Seconded and voted unanimously. II REQUESTS FOR DETERMINATION Michael DeDecko. To seek approval for driveway improvements: widening, grading and mulching edges; add retaining walls to gain access to dwelling and retaining wall for frost protection at 1317 Race Ln., Marstons Mills as shown on Assessors Map 064 Parcel 013. DA-10007 The applicant was represented by Darren Meyer. Issues discussed:

Work is as-built The need for a sketch plan for stabilizing top of slope area.

A motion was made to issue a negative determination. Seconded and voted unanimously. Jonathan M. Niloff. Replace existing rear deck with new deck; add new bay window at rear of 210 Mystic Dr., Marstons Mills as shown on Assessors Map 079 Parcel 046. DA-10008 The applicant was represented by Tim Luff, R.A. Issues discussed:

The need for mitigation planting at the site

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A planting strip 5-6 feet in width across the lawn-beach interface was required in place of the existing

fence to create a naturalized buffer. A motion was made to issue a negative determination. Seconded and voted unanimously. III NOTICES OF INTENT Christopher Outwin. Raze single-family dwelling and garage; construct new single-family dwelling, deck, detached garage and parking area; upgrade existing septic system; construct boardwalk/pier, ramp, floats with kayak rack at 25 Ladd Rd., Centerville as shown on Assessors Map 186 Parcel 053. SE3-____ A request for a continuance was received. A motion was made to continue the project until April 6, 2010. Seconded and voted unanimously. No testimony was taken. Joseph Huckemeyer. Reconstruct existing bulkhead at 137 Pleasant St., Hyannis as shown on Assessors Map 326 Parcel 055, SE3-4864 The applicant was represented by Christine Player. Replacement will be by timber sheet or steel sheet placed one foot in front of existing one. A tie-back system will be constructed. No dredging was proposed. The Commission discussed the appropriateness of placing/extending an additional foot seaward of the existing well. The issue was put off for future permitting. An unidentified abutter phoned late 2/12 seeking the start time of the hearing, and was incorrectly informed by staff that this matter would be continued without testimony to April 6. Staff will notify all abutters and inform tham of the correct status of this application. A motion was made to approve the project with special conditions. Seconded and approved: 4 votes “Aye” – 2 votes “Nay” Joseph Huckemeyer. Install piles to improve berthing at 149 Pleasant St., Hyannis as shown on Assessors Map 3256 Parcel 053. SE3-4865 The applicant was represented by Christine Player. Issues discussed:

The proposed piling would assist in berthing the boats on the respective properties. Public comment: Robert Goodwin, abutter, spoke in favor of the project. An unidentified abutter phoned late 2/12 seeking the start time of the hearing, and was incorrectly informed by staff that this matter would be continued without testimony to April 6. Staff will notify all abutters and inform them of the correct status of this application. A motion was made to approve the project with special conditions. Seconded and voted unanimously.

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IV CONTINUANCE Town of Barnstable/Conservation Division. Mystic Lake, a 148 acre deep kettle hole lake located in Marstons Mills, Barnstable, experiences chronically low oxygen in its bottom waters during summer. Under these conditions, phosphorus is released from the bottom sediments. This internal release of stored nutrients is the primary source of total phosphorus to the lake, which is leading to increasing productivity in the form of algal blooms. To significantly reduce the internal phosphorus recycling and improve ecological and recreational functions of the lake, a nutrient inactivation (i.e., alum) treatment is proposed. SE3-4773 The applicant was represented by Dr. Ken Wagner. Issues discussed:

The lake cannot be fixed without correcting internal cycling. Dr. Wagner thought that the best estimate for dosing is between 40 – 50 gal. per sq. meter.

Safeguards proposed for treatment were discussed. Staff discussed the history of the project and the contribution of the Indian Ponds Association Steering

Committee. A 33% increase in dose will double the life-expectancy of the project.

Public comment:

Dr. John Doriss opposed the project, suggesting a focus on infrastructure improvements and additional mussel surveys and studies on mussel mortality, e.g., why mussels die in high-oxygenated, upper level waters.

Carolyn Garbutt spoke in opposition to the project, citing not only development, but also drinking water withdrawal as reasons for the demise of the pond’s water quality. Al Baker cited increased site runoff as a factor.

Dr. Emory Anderson rebutted previous speakers He offered that shallow-dwelling mussels may have succumbed to ammonia produced by biological decomposition. Holly Hobart, IPA President, said that it is time to rescue the lake, which she described as “a tipping point.” She said Middle Pond would also benefit, as it is connected to Mystic Lake. Alex Frazee spoke in favor of the project. Dr. Carl Thut, Ph.D in chemistry, suggested that it is a mistake to focus on dosage, but rather, focus should be on the desired result. He said he hopes for a continued discussion with NHESP. Dr. Wagner reiterated that watershed management will not fix the lake. He stated that high concentrations of cyanobacteria were documented. He expressed his disappointment that the State did not move quickly to study and determine the a cause of mortality of the mussel population. Letters and emails from supporters to the project, as well as those in opposition, were noted. A motion was made to approve the project with special conditions. Seconded and voted unanimously. Commissioner Morin abstained, as he was not on the quorum. V CERTIFICATES OF COMPLIANCE (ez = staff recommends approval) (* = on-going conditions) A. Landry SE3-1454 (coc,ez) construct single-family dwelling * B. Moran SE3-1520 (coc,ez) replace storm drain & driveway (not done) C. Darras (Bodfish) SE3-1332 (coc,ez) construct single-family dwelling *

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D. Lenk SE3-4711 (coc,ez) raze & construct single-family dwelling * E. TOB/DPW SE3-3403 (coc,ez) install drainage and reconstruct road at Sandy Neck * A motion was made to approve all certificates. Seconded and voted unanimously. VI NEW BUSINESS A. Support of application to Coastal Habitat Grants Program A motion was made to approve a letter of support for the Estuary Restoration Grant. Seconded and voted unanimously. B Preparing for workshop A workshop will be held March 2nd at 6:00 p.m,. C. Start time for 3/09 meeting The morning meeting of March 9th will start at 9:00 a.m. A motion was made to adjourn. Seconded and voted unanimously. The time was 9:02 p.m.

MN021610 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 6:30 p.m. by Chairman Dennis R. Houle. Also attending were Vice-Chairman Tom Lee, and Commissioners Peter Sampou, Larry Morin, and Louise Foster. Commissioners John Abodeely and Scott Blazis were away. Rob Gatewood, Conservation Administrator, assisted. The meeting was held in the Hearing Room, Barnstable Town Hall, Hyannis, MA. I MINUTES FOR APPROVAL A. Minutes of January 19, 2010 B. Minutes of February 2, 2010 A motion was made to approve the minutes (“A” and “B”) Seconded and voted unanimously. C. Release of executive session minutes of: 12/05/00, 09/27/05, 11/08/05, 12/13/05, 01/10/06, 08/04/09, 08/18/09. A motion was made to release the minutes (“C”). Seconded and voted unanimously. II REQUESTS FOR DETERMINATION William & Jeanne Rugg. Replace existing leaching system; retain existing septic tank; remove existing retaining wall and construct new retaining wall at 251 Bay Ln., Centerville as shown on Assessors Map 166 Parcel 057. DA-10010 The applicant was represented by Stephen Wilson, P.E. Issues discussed:

The house is restricted to two bedrooms The driveway would be impervious


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Seconded and voted unanimously. Massachusetts Audubon Society. Thinning vegetation on part of parcel to assist bird productivity on Sampson’s Island, Cotuit as shown on Assessors Map 050 Parcel 001. DA-10013 The applicant was represented by Ellen Jedry, Assistant Director. Issues discussed: The request, though unusual, is important for protection of threatened species. A motion was made to issue a negative determination. Seconded and voted unanimously. Town of Barnstable/Growth Management Dept. Straighten and realign approx. 30 linear feet, 3 posts, of existing split-rail fence; install 110 linear feet, 11 sections, of new locust split-rail fence to be installed on north side of parking lot to further delineated parking area. Improve parking surface by adding 10 tons of ¾-inch native dense grade; fill and compact all potholes and depressions at 40 Iyanough Ave., Hyannis as shown on Assessors Map 287 Parcel 132. DA-10011 The applicant was represented by Alisha Stanley and Kevin Wade. Issues discussed:

Some parking lot grading would occur Dinghy storage improvements were suggested by the Commission. The existing condition of the dune

shows clear erosion from the practice. A motion was made to issue a negative determination. Seconded and voted unanimously. Town of Barnstable/Growth Management Dept. Placement of ¾” native crushed stone to delineate footpath to water; install 5 bluestone steppers approx. 30” x 18” x 4-6” thick as steps to landing; place new Town Way-to-Water sign at Bay Shore Rd., Hyannis as shown on Assessors Map 325 (between Parcels 088 and 089). DA-10012 The applicant was represented by Alisha Stanley and Kevin Wade. Issues discussed:

New way-to-water sign already installed Invasive species have already been removed Parking is a problem there

A motion was made to issue a negative determination. Seconded and voted unanimously. III NOTICES OF INTENT Thomas & Geraldine Branca. Construct elevated walkway and pier at 104 Tracey Rd., Cotuit as shown on Assessors Map 004 Parcel 004. SE3-4867 The applicant was represented by Michael Borselli, P.E. Issues discussed:

Decking to be grated, allowing a minimum of 65% light penetration;

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A letter from the Harbormaster found no concerns Possible lowering of the deck elevation to two feet above marsh; deletion of the handrail Kayak storage on cantilevered racks and reducing the platform to 6' x 12'

Public comment:

Attorney Robert Bianchi, representing the Fullian Family Trust, wanted assurance that there would be no ecological detriment

A motion was made to approve the project with special conditions. Seconded and voted unanimously. J. Robert Casey, Tr. Bonnybrook Realty Trust. Eliminate previously conditioned restriction for no overnight tie-up in southerly slip; relinquish mooring, and attach boat lift in existing slip at 185 Ocean View Ave., Cotuit as shown on Assessors Map 033 Parcel 016. SE3-4866 The applicant was represented by Attorney Michael Ford, Peter Sullivan, P.E., and John O’Dea, P.E. Issues discussed:

Proposing a boat lift for the 36-foot Huckins and lifting the restriction prohibiting overnight berthing. The proposed lift would be “beamless,” with a much reduced profile. The applicant finds no adverse impact to recreation or aesthetics under the Ordinance. No additional support piling is required. The unique circumstances at the Cotuit cut and the nearshore erosion which leaves a lift as the only safe

and practical way to berth at the pier The net gain in height with the lift engaged at high tide would be 3 feet 2 inches. The stern would not

encroach past the end of the pier. The mooring would be forfeited.

Letters from MA Division of Marine Fisheries and the Harbormaster were read. Letters from the Austens and Larry Odence opposed the project because of visual impact. A motion was made to approve the project with special conditions. Seconded and approved: 4 votes “Aye;” 1 vote “Nay.” IV REQUESTS FOR DETERMINATION (Cont’d) Bonnybrook Realty Trust, J. Robert Casey, Tr. Add boat lift to existing licensed pier at 185 Ocean View Ave., Cotuit as shown on Assessors Map 033 Parcel 016. DA-10009 The applicant was represented byAttorney Michael Ford. The application was withdrawn without prejudice. V CONTINUANCE Stuborn Ltd. Partnership. Remove dwelling, concrete pad, concrete foundation, invasive species, debris; construct single-family home with decks, patio, walkways, driveways, fence, grading and utilities at 153 Freezer Rd., Barnstable as shown on Assessors Map 301 Parcel 006. SE3-4863 The applicant was represented by Attorney John Kenney, Norman Hayes, P.W.S., and Keiran Healy. Issues discussed:

Revised mitigation and site plans were submitted

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Existing cedars to remain; only invasive species (9 in all) will be removed under a management plan. Five cedars will be moved to the eastern side open areas, and guaranteed for survival.

Removal of 47 creosote piling and removal of iron rails from old marine railway The Commission desired to avoid construction in the 50-foot buffer zone. The mitigation proposed was

substantial in scope The Building Commission found conformance with the building code. A FEMA LOMR-F application will

be required Only 280 feet of the house remains in the 50-foot buffer; 1,800 sq. ft. of the pool remains; grading within

the 50-ft. buffer to equal 3,700 sq. feet Retaining walls have not been considered as impacts within the 50-foot buffer It appears that the applicant is presenting as mitigation items which would likely be considered as

housekeeping, once a house was constructed. Public comment:

Letters from Jim Hinkle and Ken and Kathy Dormann opposed the project. Ann Canedy said she was concerned about environmental , aesthetic and mitigation aspects of the project. Jack Hill expressed support for the improvement to inner harbor navigation.

A motion was made to continue the hearing to March 16th. Seconded and voted unanimously. VI CERTIFICATES OF COMPLIANCE (ez = staff recommends approval) (* = on-going conditions) A. TOB / DPW SE3-3841 (coc,ez) reconstruct herring run off Flume Avenue * B. TOB / MEA SE3-3773 (coc,ez) construct vernal pool platform (not done) C. TOB / DPW SE3-1526 (coc,ez) reconstruct bulkhead at Barnstable Harbor Marina * D. Savory SE3-0154 (coc,ez) construct single-family dwelling (not done) E. Leslie SE3-4570 (coc,ez) construct pool & patio (not done) F. Davis SE3-3938 (coc,ez) construct driveway & landscaping (not done) A motion was made to approve all certificates. Seconded and voted unanimously. VII OLD & NEW BUSINESS A. Bergeron & Crowley SE3-4709 pier withdrawal of adjudicatory appeal Staff suggested that with the local approval being final (not appealed) the Commission’s request for adjudicatory appeal be withdrawn. Public Comment:

Arlene Wilson, P.W.S. for the applicant, supported the withdrawal. A motion was made to withdraw the adjudicatory appeal. Seconded and voted unanimously. A motion was made to adjourn.

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Seconded and voted unanimously. The time was 8:55 p.m.

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DATE: March 2, 2010



The meeting was called to order at 6:02 p.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 WORKSHOP ON DRAFT REGULATIONS FOR SHORE OUTHAULS (6:00 – 7:00p.m.) Attending, along with the Commission, were Bob Jones, Chairman of the Coastal Resources Committee; Stuart Rapp, Chair of the Shellfish Committee; Jack Meade, Chair of the Waterway Committee; Dan Horn, Harbormaster; Joe Gibbs, Assistant Harbormaster; and, Tom Marcotti, Town Shellfish Biologist. Chairman Houle explained the reason for the draft regulations. The discussion began with Definitions 711-2. The Waterways Commission requested that mooring outhauls, connected to a shore piling, fall under these regulations. Under 711-3 Filing Protocols, any existing Chapter 91 license obtained for a shore outhaul would require an RDA filing, only. Any existing permitted mooring outhaul would, also, require only an RDA filing. On boat size, Chairman Jones suggested that requiring RDA-approved outhauls might be conditioned to prevent boats from bottoming out. Density of outhauls was not considered in the draft regulations, but may be in future iterations. Chairman Rapp asked if the outhauls would be seasonally deployed. The public workshop was continued to April 6th. II MINUTES FOR APPROVAL A. February 9, 2010 A motion was made to approve the minutes. Seconded and voted unanimously.

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III REQUESTS FOR DETERMINATION J. Brian O’Neill. Repairs, renovations and remodeling to existing water-damaged house; dormers to be added to 2nd floor; deck to be built on roof of sunroom; no increase in footprint of house, at 85 Ocean Ave., Hyannisport as shown on Assessors Map 305 Parcel 003. DA-10014 The applicant was represented by Stephen Wilson, P.E. Issues discussed: none A motion was made to issue a negative determination. Seconded and voted unanimously. IV NOTICES OF INTENT Oyster Harbors Club. Manage excessive aquatic vegetation and algae in three ponds located near the 6th, 9th, and 11/12th holes, utilizing US EPA-registered and State-approved herbicides and algaecides, at 145 Great Island Rd., Osterville as shown on Assessors Map 071 Parcel 004-001. SE3-4869 The applicant was represented by Will Stephens and Brian Chase. Issues discussed:

The Commission suggested a reduced fertilizer-use-limitation, and increased buffer zone enhancement. Karen Malkus, Coastal Health Coordinator, expressed concern about the project. Phosphorous, Ph, and

Nitrogen sampling, will be initiated, in consultation with the Conservation Agent. An annual report will be submitted, containing mention of their best management practices for reducing

fertilizer use. A motion was made to approve the project with special conditions. Seconded and voted: 4 votes “Aye;” 1 vote “Nay.” Mr. & Mrs. Richard McElhaney. Construct single-family dwelling, detached barn/garage,Title-5 septic system, associated utilities, driveway over small portion of bordering vegetated wetland, at Lot 2 Navigation Rd., W. Barnstable as shown on Assessors Map 156 Parcel 025 (part of). SE3-____ The applicant was represented by Donald Schall and Dan Ojala, P.E. Issues discussed:

A box-culvert crossing of the wetland was proposed. 1.5 to 1 mitigation (replication) was proposed The no-wetlands-fill alternative was explored by the Commission and decidedly recommended in this case.

A waiver for a driveway through the 50-foot buffer zone was suggested. A motion was made to continue the hearing to April 6th. Seconded and voted unanimously. Town of Barnstable/D.P.W. Redevelop beach facilities at Sandy Neck; renovate bathhouse/concession building within existing footprint; construct Coastal Interpretive Center, four new parking spaces, garage at gatehouse and pathway along Sandy Neck Rd., Barnstable as shown on Assessors Map 263 Parcel 001. SE3-____ The applicant was represented by Nina Coleman, Richard French, Mark Nelson and Tim Sawyer. Issues discussed:

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The project has been appreciably scaled back since its former iteration. Repair to the solid foundation for the bathhouse may be required. The Coastal Interpretive Center would be place on piling. Parking spaces would be paved

Public Comment:

Edmund Lucas requested that the proposed dune path be located entirely to the east of the entrance road. He was also concerned about the size of the proposed garage and about the cupola light.

Tim Kandianis agreed with the previous cupola concern. Dr. John Doriss asked if proposed road drains are compliant with storm water regulations, to which Mr.

Nelson replied in the affirmative. A motion was made to continue the hearing to March 16th. Seconded and voted unanimously. Mark L. Fins Realty Trust. Permit and maintain floating pier and landscape features, including sand beach, in-ground pond access-path and stairs, landscaping and shed at 405 Lakeside Drive West, Centerville as shown on Assessors Map 232 Parcel 022. SE3-____ The applicant was represented by Arlene Wilson, PWS. Issues discussed:

The applicant was seeking as-built approval of existing conditions including a floating pier. Floats shall be stored off the pondshore to the farthest extent possible. A row of native shrubs along the shoreline to be added, in consultation with staff

A motion was made to approve the project with special conditions. Seconded and voted unanimously. Frederic B. Lowrie, Jr. & Kathleen F. McShane, Trs. Construct and maintain timber boardwalk at 125 Calves Pasture Ln., Barnstable as shown on Assessors Map 259 Parcel 002-001. SE3-____ The applicant was represented by John O’Dea, P.E. Issues discussed:

Decking set as low as feasible 65% light penetration provided in decking

A motion was made to approve the project with special conditions. Seconded and voted unanimously. V CERTIFICATES OF COMPLIANCE (ez = staff recommends approval) (* = on-going conditions) A. Samuell SE3-4514 (coc,ez) repair drainage system * B. TOB/DPW SE3-3694 (coc,ez) reconstruct Keveney Lane, Cummaquid A motion was made to approve the certificates of compliance. Seconded and voted unanimously. A motion was made to adjourn. The motion was seconded and voted unanimously. The time was 8:46 p.m.

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DATE: March 16, 2010 – 6:30 P.M.



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 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 MINUTES FOR APPROVAL A. February 16, 2010 B. March 2, 2010 A motion was made to approve minutes (“A”), and to approve minutes (“B”), as amended. Seconded and voted unanimously. II REQUESTS FOR DETERMINATION Elizabeth Gould. Septic repair at 267 Scudder Rd., Osterville as shown on Assessors Map 139 Parcel 013. DA-10015 The applicant was represented by Glen Harrington, R. S. Issues discussed:

Tree clearing has already begun. Cesspool will be removed, if possible, once opened.

A motion was made to issue a negative determination. Seconded and voted unanimously. III NOTICES OF INTENT Joseph R. Jenkins, Tr./South Bluff Realty Trust of 1997. Maintenance dredging at 195 Seapuit River Rd., and placement of dredge spoil in beneficial reuse area on Dead Neck, Osterville as shown on Assessors Map 070 Parcel 015. SE3-____

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(NOI’s/Jenkins, cont’d.) The applicant was represented by Peter Sullivan, P.E. Issues discussed:

Proposed maintenance dredging Division of Marine Fisheries comment letter was read Harbormaster had no objections, provided channel is kept open at all times Dredge depth is six feet, with a one-foot over-dredge allowance A revised plan will be submitted showing the same dredge footprint shown on the old Chapter 91 license

plan Reducing the probability of over-dredge.

A motion was made to approve the project with special conditions. Seconded and voted unanimously. Priscilla P. Morphy. Landscape improvements to restore view corridor; resurface existing tennis court; restore/extend adjacent arbor and enhance buffer zone at 430 Wianno Ave, Osterville as shown on Assessors Map 163 Parcel 025-002. SE3-____ The applicant was represented by Peter Sullivan, P.E., and Jack Oliver. Issues discussed:

As mitigation, nuisance species would be removed north of the tennis court and native woodland plants added

A cluster of pitch pine would be thinned and several topped Whether this case would set a precedent for future vista pruning filings

A motion was made to continue the hearing to March 30th. Seconded and voted unanimously. IV REQUEST FOR AMENDED ORDER Jerry Blakeley & Patricia Baker. Amend Order of Conditions SE3-4824 as follows: modify, but not lengthen, pier by replacing end pile with pier deck extension at 250 Windswept Way and 43 Sunset Pt., Oyster Harbors, as shown on Assessors Map 051 Parcels 011 and 012. SE3-4824 The applicants were present, and were represented by Arlene Wilson, P.W.S. and George Gilmore. Issues discussed:

Proposed change for safety reasons; it will render the berths much more secure Whether the centerpiece addition is truly necessary for safe berthing No concerns from the Harbormaster.

A motion was made to approve the amended order. Seconded and voted unanimously. V CONTINUANCES Stuborn Ltd. Partnership. Remove dwelling, concrete pad, concrete foundation, invasive species, debris; construct single-family home with decks, patio, walkways, driveways, fence, grading and utilities at 153 Freezer Rd., Barnstable as shown on Assessors Map 301 Parcel 006. SE3-4863 The applicant was represented by Norman Hayes, P.W.S. and Kieran Healy.

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(Continuances/Stuborn, cont’d.) Issues discussed:

A signed “Confirmation of Evidential Review” form was submitted by Commissioner Scott Blazis, allowing him to join the quorum

A revised plan was submitted, shrinking the house footprint to within the 50-foot buffer zone The coastal bank delineation was corrected The pool was re-configured over 60-feet from the nearest resource Existing cedars to be relocated, using a tree spade An enhanced natural landscaping component was presented A 3.6:1 ratio of restoration to construction was presented The difference between maintenance (or “clean up”) vs. mitigation Whether mitigation area “7” (inter-tidal) actually warranted restoration, and whether it should be counted

as mitigation Whether the concrete pad from the old freezer building is suitable as a mitigation item The feasibility of providing parking within the 50-foot buffer

Public comment:

Ann Canedy, Town Councilor, on behalf of John Brink, expressed concern for wildlife, e.g., the “Bob White”, “Thrasher” and “Eastern Cottontail.”

Councilor Canedy was also concerned about including “clean up” as mitigation. She suggested that the Commission acquire a copy of the Chapter 91 license, and questioned the amount of upland on the parcel. She finds the proposed house much larger than those seen in the village.

Peter Jason said that his request for documents from Mr. Bornstein had not been met. He asked that “filled tidelands” be delineated, as well as the historic “high water.” Mr. Jason questioned the merit of some of the mitigation proposed.

In response to Ann Canedy, Stuart Bornstein stated that the property had only recently been surveyed, and that the results indicated four acres of upland. He said that many houses as large as the proposed exist in the village. In reference to a remark made at the Historical Committee hearing, Mr. Bornstein said it was his understanding that one of the review Boards asked him to join the guesthouse with the residence. The Chair added that it was not the Conservation Commission’s request. A motion was made to continue the hearing to March 30th.

Seconded and voted unanimously. Town of Barnstable/D.P.W. Redevelop beach facilities at Sandy Neck; renovate bathhouse/concession building within existing footprint; construct Coastal Interpretive Center, four new parking spaces, garage at gatehouse and pathway along Sandy Neck Rd., Barnstable as shown on Assessors Map 263 Parcel 001. SE3-____ Commissioner Lee recused himself, due to his firm’s involvement in the project. The applicant was represented by Mark Nelson, Nina Coleman, Tim Sawyer, and John Juros. Issues discussed:

NHESP comments, received on this hearing date, found no issues with the larger redevelopment project, but cited concern for the proposed sidewalk. NHESP requires additional information on pathway location so that impacts to habitat of state-listed species may be assessed.

The possibility of contingency approval of the walkway project, requiring incorporation of all Natural Heritage conditions and restrictions.

Public comment:

Attorney Bill Henchy, representing Edwin Lucas, said his client desires that no trees be removed beyond the footprint of the proposed garage. He also objected to any conditional approval of the walkway.

Staff suggested the walkway be pursued in a future Request for Amended Order of Conditions.

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(Continuances/ToB/DPW, cont’d.) A ten-foot limit of work around the garage was discussed. No tree removal allowed beyond the work.

A motion was made to approve the redevelopment project without the proposed walkway, the latter to be the subject of a future Request for Amended Order. Seconded and voted unanimously. VI CERTIFICATES OF COMPLIANCE (ez = staff recommends approval) (* = on-going conditions) A. TOB/DPW SE3-3597 (coc,ez) restore parking surface and drainage * B. Favat SE3-4810 (coc,ez) permit or remove unpermitted items * C. New Harbor SE3-1506 (coc,ez) construct subdivision roadway A motion was made to approve all certificates (“A – C”). Seconded and voted unanimously. A motion was made to adjourn. Seconded and voted unanimously. The time was 9:18 p.m.

MN033010 1



DATE: March 30, 2010 – 6:30 P.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 6:30 p.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 MINUTES FOR APPROVAL A. March 9, 2010 A motion was made to approve the minutes. Seconded and voted unanimously. II REQUESTS FOR DETERMINATION Ernest Whitman. Raze/replace and add 4-foot addition to fire-damaged portion of building; extend 2nd floor dormer; repair septic and upgrade to Title-5 at 329 South Main St., Centerville as shown on Assessors Map 207 Parcel 082. DA-10016 The applicant was represented by Michael Aucoin. Issues discussed:

Need to tighten up the work limit Need to show the electrical conduit

A motion was made to issue a negative determination, contingent upon the receipt of a revised plan. Seconded and voted unanimously. III NOTICES OF INTENT Brett Fournier. Addition to single-family dwelling at 1175 Old Stage Rd., Centerville (Marstons Mills) as shown on Assessors Map 172 Parcel 009-001. SE3-4877 The applicant was represented by Jack Vaccaro.

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Issues discussed: The project is on the side of house away from the wetland Only a small portion of the proposed addition falls within the 50-foot buffer Requests to remove bittersweet by hand and replant row of native shrubs (200 feet, total amount) Proposed mitigation is less than the 3:1 desired by the Commission (shy by a factor of 10) Whether accepting less than 3:1 has merit in this case because of the location of the project on the opposite

side of the house from the wetland Deferring the planting plan to staff, but holding firm on the 3:1 requirement.

A motion was made to continue the hearing to May 4th. Seconded and voted unanimously. Mary & Michael Renzi. Seek post-construction approval for extension to existing shed and chain-link fence at 387 Phinney’s Ln., Centerville as shown on Assessors Map 230 Parcel 093. SE3-____ The applicant was represented by Ron Cadillac, P.L.S. Issues discussed:

The lack of 50-and-100-foot jurisdictional arcs on the plan A letter from Mary McNabb, expressing concern for the “as-built” project as it is A lengthy enforcement history with regard to this parcel, this being the 5th violation The applicants are concerned about selective enforcement in the neighborhood, denying them equitable

treatment. The Chairman stated that his Commission does not target individuals Removing the fence back to the 50-foot arc Mr. Renzi said that the fence was located on the lawn Whether the shed addition and planting beds should remain with the 50-foot arc. Mitigation plantings for

the shed was discussed A revised plan will be submitted prior to the next hearing.

A motion was made to continue the hearing to May 4th. Seconded and voted unanimously. IV CONTINUANCES Priscilla P. Morphy. Landscape improvements to restore view corridor; resurface existing tennis court; restore/extend adjacent arbor and enhance buffer zone at 430 Wianno Ave, Osterville as shown on Assessors Map 163 Parcel 025-002. SE3-4873 Issues discussed:

A joint site visit was held March 25th. The Bartlett Tree Company suggested that this was a branch-pruning at the top of the trees – much

different than topping. Heights and tree species identification were provided Pruning would be within 3 – 5 feet of the tops of the largest trees. A tree-replacement program was suggested by Bartlett Tree, assuming approval by Mr. McCarthy,

property owner Providing a diversion edge to the tennis court to send runoff overland with erosion Grading native plants into the area of jurisdiction and planting a small wet meadow The stairs would be restored, but no path at base would be necessary Tree pruning to be done in consultation with staff.


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Stuborn Ltd. Partnership. Remove dwelling, concrete pad, concrete foundation, invasive species, debris; construct single-family home with decks, patio, walkways, driveways, fence, grading and utilities at 153 Freezer Rd., Barnstable as shown on Assessors Map 301 Parcel 006. SE3-4863 The applicant was represented by Norm Hayes, Kieran Healy, and Attorney John Kenney. Issues discussed:

A revised plan was discussed which removed all structures out of the 50-foot buffer 37,000 sq. ft. of buffer zone restoration was proposed as mitigation Mr. Hayes outlined the mitigation areas and proposed plants

Public Comment:

John Crowell was concerned about a zoning change in the village Ann Canedy expressed concern that the proposed mitigation was truly mitigation, not merely clean-up.

She also expressed concern for aesthetics and for the ACEC Charles Hill expressed concern for potential erosion of fill into wetlands Gordon Starr preferred to see the house built at ground level, not with a basement.

A drawdown basin for the pool is provided under the concrete patio. An upland seed mix with the maritime component will be seeded in areas “2” and “3.” A motion was made to approve the project with special conditions. Seconded and voted unanimously. V REVISED PLANS Project type Revision A. Bayside Building SE3-4846 sfd footprint, location The applicant was represented by James Bowes and Kieran Healy. A motion was made to approve the revised plan, contingent upon NHESP approval of same. Seconded and voted unanimously. VI CERTIFICATES OF COMPLIANCE (ez = staff recommends approval) (* = on-going conditions) A. TOB/DPW SE3-0184 (coc,ez) repair bulkhead at Barnstable Harbor B. TOB/DPW SE3-4625 (coc,ez) work related to construction of HYCC (not done) C. TOB/DPW SE3-2659 (coc,ez) improve stormwater drainage in Cotuit Center D. TOB/DPW SE3-3596 (coc,ez) replace dock; re-align boat ramp at Prince Avenue* E. France SE3-4486 (coc,ez) reconstruct in-ground swimming pool (not done) F. Ausiello SE3-4596 (coc,ez) replace fence, patio, & walkway * A motion was made to approve certificates “A - F.” Seconded and voted unanimously. G. Fish (Kingfish) SE3-4684 (corrected coc) allow ongoing nourishment

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(COC’s, cont’d.) H. Schuster SE3-4688 (corrected coc) allow ongoing nourishment A motion was made to approve corrected certificates “G” and “H.” Seconded and voted unanimously. A motion was made to adjourn. Seconded and voted unanimously. The time was 8:58 p.m.

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DATE: April 6, 2010 – 6:30 P.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 6:30 p.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 CONTINUED WORKSHOP ON DRAFT REGULATIONS FOR SHORE OUTHAULS A. Note: Public invited to observe; no public participation until public hearing, to be held on April 20th, at 6:30 p.m. Attending the workshop were invited guests: Stuart Rapp, Chairman of the Shellfish Advisory Committee; Tom Marcotti, Town Shellfish Biologist; Bob Jones, Chair of the Coastal Resources Management Committee; and Joe Gibbs, Assistant Harbormaster. The April 6th draft regulations were discussed by the Commission and guests. A number of drafting changes were suggested, considered and adopted by the group. These, in sum rendered the document more logical and understandable. Bob Jones wondered how simple structures such as outhauls could generate twelve pages of regulations. He said small boats with motors would cause little harm, as evidenced by a summer day at Sampson’s Island. This philosophical concern prompted a lively discussion from the Commission. Parallels with the pier regulations were defended as necessary to shellfish protection. With regard to the “Regulations Section,” a requirement that outhauls be seasonal was considered, and that pile dimension not exceed 4” x 4”. II MINUTES FOR APPROVAL A. March 16, 2010 A motion was made to approve the minutes. Seconded and voted unanimously.

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III REQUESTS FOR DETERMINATION Carole R. Bloom. Replace existing failed septic system with new Title-5 system; install gas line from street to house at 429 Elliot Rd., Centerville as shown on Assessors Map 227 Parcel 109. DA-10017 $30.90 The applicant was represented by Tim Bennett, P.E. A motion was made to issue a negative determination. Seconded and voted unanimously. IV NOTICES OF INTENT Anthony Russo. Construct single-family house with associated grading, on-site septic system, well and utilities at 0 Main St., W. Barnstable as shown on Assessors Map 197 Parcel 040. SE3-4875 $30.90 The applicant was represented by Bob Murphy. Issues discussed:

The 2007 disagreement over the 2007 soil log data (shown on the plan) as related by the Health Division staff who witnessed the test, was discussed.

Public comment:

A concern was expressed for the wetlands delineation. Judith Desrochers, abutter, opposed the project. David Allen, abutter, expressed disappoint with the continuance. He said that, in his opinion, the parcel is

not buildable. He objected to repeated attempts to prove otherwise. Mr. Murphy said that the changing DEP regulations were the reason for the repeated attempts.

Health Department records will be copied to the file and to the record. A motion was made to continue the hearing to June 1st. Seconded and voted unanimously. V CONTINUANCES Christopher Outwin. Raze single-family dwelling and garage; construct new single-family dwelling, deck, detached garage and parking area; upgrade existing septic system; construct boardwalk/pier, ramp, floats with kayak rack at 25 Ladd Rd., Centerville as shown on Assessors Map 186 Parcel 053. SE3-4868 A three-month extension was requested. A motion was made to continue the hearing to July 27th. Seconded and voted unanimously. No testimony was taken. Mr. & Mrs. Richard McElhaney. Construct single-family dwelling, detached barn/garage, Title-5 septic system, associated utilities, driveway over small portion of bordering vegetated wetland, at Lot 2 Navigation Rd., W. Barnstable as shown on Assessors Map 156 Parcel 025 (part of). SE3-4872 The applicant was represented by Daniel Ojala, P.E., Donald Schall, and Attorney Bernie Kilroy.

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(McElhaney, cont’d.) Issues discussed:

A revised plan was submitted; the wetland crossing was abandoned. A twice-per-year mowing schedule: September 15th and April 15th in consultation with staff

A motion was made to approve the project with special conditions. Seconded and voted unanimously. VI CERTIFICATES OF COMPLIANCE (ez = staff recommends approval) (* = on-going conditions) A. TOB/REC SE3-2181 (coc,ez) augment dunes at Kalmus beach B. Gladstone Ltd. P. SE3-4479 (coc,ez) construct multi-family building (not done) C. TOB/DPW SE3-4106 (coc,ez) drainage & stormwater improvements D. Hyannis Harbor SE3-4591 (coc,ez) construct 2-story building * Tours A motion was made to approve all certificates (“A – D”). Seconded and voted unanimously. A motion was made to adjourn. Seconded and voted unanimously. The time was 8:42 p.m.

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DATE: April 20, 2010 – 6:30 P.M.



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, Peter Sampou, Larry Morin, and Louise Foster. Commissioners John Abodeely and Scott Blazis were away. Rob Gatewood, Conservation Administrator, assisted. The meeting was held in the Hearing Room, Barnstable Town Hall, Hyannis, MA. I PUBLIC HEARING ON PROPOSED DRAFT REGULATIONS FOR SHORE OUTHAULS The Chair gave a summary on the evolution of the proposed regulations. Interest in shore outhauls originated in the Coastal Resources Management Committee. The ensuing Coastal Resources Management Plan recommended that the Conservation Commission regulate shore outhauls. Several Commission workshops on the proposed regulations preceded tonight’s hearing. The Chairman summarized the proposed regulations. Prior to calling for public comment, the Chair instructed attendees to direct their comments to the proposed regulations, and not to the specifics of their particular parcels. Phyllis Cole expressed concern for being “hit from behind,” just learning this past Friday about the proposed regulations. She said she has had an outhaul for the past forty years. She urged the Commission to treat existing outhauls the way existing piers were approved under the 1988 Amnesty Program. Stan Liakus, on behalf of the North Bay Beach Association, asked about the limited grandfathering provided. The Chairman offered an expanded definition of grandfathering. Mr. Liakus said that, under Chapter 91, his outhaul is neither new nor unauthorized. Gerard Ganey of the Barnstable Association of Recreational Shellfishing said outhauls present a [negative] visual impact and a safety hazard. Stuart Rapp, Chairman of the Barnstable Shellfish Committee said that his Committee desires that no new structures be placed in shellfish habitat, as this is yet another way that shellfish habitat is lost. He suggested that owners of outhauls be issued a revocable – rather than permanent – license. He recommended one outhaul per parcel. Tom Sullivan, shellfisherman since 1976, said shell fishing has never been better in Osterville, particularly where outhauls are located. Bob Jones, Chairman of the Coastal Resources Management Committee, asked if the Commission’s intent was to deny motor boat outhauls in relay areas. He believes outhauls are benign for the most part in terms of their shellfish impact.

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(Shore Outhaul Regs., cont’d.) Mr. Liakis felt that the Association property at the end of Bay Street actually helps buffer the impacts from high-use boat launching adjacent to the locus. Commissioners offered a number of comments. A motion was made to take the matter under advisement, but to leave the record open to written comment, and to continue the hearing to May 4th. II MINUTES FOR APPROVAL A. March 30, 2010 A motion was made to approve the minutes. Seconded and voted unanimously. III REQUESTS FOR DETERMINATION Sanford Ader. Vista pruning and brush removal at 16 Colonial Farm Circle, Marstons Mills as shown on Assessors Map 044 Parcel 009-006. DA-10018 The applicant was represented by Peter Childs. Issues discussed:

Advance consultation with staff required. A motion was made to issue a negative determination. Seconded and voted unanimously. Gerald W., III and Lucy U. Blakeley. Remove three trees, trim one additional tree, perform bank and buffer enhancement, add solar panels to roof at 250 Windswept Way, Osterville as shown on Assessors Map 051 Parcel 012. DA-10019 The applicant was represented by John O’Dea, P.E. Issues discussed:

Removal of bittersweet and honeysuckle was proposed Planting of replacement trees was requested by the Commission.

A motion was made to issue a negative determination. Seconded and voted unanimously. Donna Munsey. Clear shrubs, vegetation and weeds for proposed lawn area at 2429 Meetinghouse Way, W. Barnstable as shown on Assessors Map 155 Parcel 020. DA-10020 The applicant attended the hearing. Issues discussed: none A motion was made to issue a negative determination. Seconded and voted unanimously.

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IV NOTICES OF INTENT Ann H. Babcock. Raze and replace wooden stairs down a coastal bank at 11 Marchant Ave., Hyannisport as shown on Assessors Map 286 Parcel 026. SE3-4879 The applicant was represented by Dan Ojala, P.E. Issues discussed:

The bottom section of stairs to be removable Concern was expressed for cantilevered sitting platform; reconfiguring it to the lower lawn to be shown on

a revised plan Ceasing the clippings dump on the bank 180 square feet of planting mitigation

A motion was made to approve the project with special conditions. Seconded and voted unanimously. Oyster Harbors Club, Inc. Proposed golf short-game practice area at 110 Grand Island Dr., Osterville as shown on Assessors Map 072 Parcel 011-006. SE3-4881 The applicant was represented by John O’Dea, P.E., Doug Mayo, Club Manger, and Ryan Chase, Course Superintendent. Issues discussed:

The pond is closed system; no algae blooms are encountered in this irrigation pond. The site was historically a waste area. A water quality swale to be provided in the design. The entire course meets the Commissions standard condition for the use of residential fertilizer.

Public comment:

Karen Carter, abutter, asked whether any trees would be felled, or any parking proposed. With regard to expanding the 50-foot buffer, Mrs. Carter said she supported the project. A revised plan will be submitted.

A motion was made to approve the project with special conditions. Seconded and approved: 4 votes “Aye; 1 vote “Nay.” Susan M. Mykrantz. Proposed modifications to existing home, including addition; removal of sunroom and patio and replace with porch and patio; mitigation plantings at 531 Main St., Osterville as shown on Assessors Map 141 Parcel 099. SE3-4880 The applicant was represented by John O’Dea, P.E. Issues discussed:

Whether extra credit should be granted for the removal of existing hardscape within the 50-foot buffer. The Commission will require, nevertheless, a 3:1 mitigation (225 square feet, total).

A motion was made to approve the project with special conditions. Seconded and voted unanimously. Nathan Rudman. Construct single-family home with appurtenances to include driveway, septic, walkways, landscaping, retaining walls, deck, garage, detached boat barn, utilities, etc., at 40 Waterman Farm Rd., Centerville as shown on Assessors Map 207 Parcel 091-002. SE3-4882

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(Rudman, cont’d.) The applicant was represented by Norman Hayes, P.W.S. and Kieran Healy. Issues discussed:

Board of Health approval for a five-bedroom house is currently valid Borrow pits will be filled and planted with suitable vegetation. A pathway to a viewing area on the top of the bank was proposed A silt fence only along the gently sloped area Approval contingent upon comments to be issued by Natural Heritage and Endangered Species Program

(NHESP) A motion was made to approve the project with special conditions. Seconded and voted unanimously. V CERTIFICATES OF COMPLIANCE (ez = staff recommends approval) (* = on-going conditions) A. Kelly SE3-4616 (coc,ez) construct single-family dwelling & access bridge * B. Antoine SE3-4250 (coc,ez) construct detached garage (not done) C. Coakley SE3-4845 (coc,ez) replace retaining wall & fence; modify driveway * D. Sullivan SE3-3732 (coc,ez) construct addition & swimming pool (not done) E. Soares SE3-4496 (coc,ez) permit existing wall; upgrade septic system * F. TOB/DPW SE3-2658 (coc,ez) replace culvert under Horseshoe Lane, Centerville * G. Warner SE3-1537 (coc,ez) convert garage to studio; upgrade septic A motion was made to approve all certificates (“A – G”). Seconded and voted unanimously. VI REVISED PLAN project # project type revision ToB/Water Supply Div. SE3-4838 site improvements footprint Commissioner Tom Lee recused himself, as his firm has a contractual relationship with the Town. The applicant was represented by Justin Lambreau. A motion was made to approve the revised plan. Seconded and voted unanimously. A motion was made to adjourn. Seconded and voted unanimously. The time was 8:42 p.m.

MN050410 1



DATE: May 4, 2010 – 6:30 P.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 6:30 p.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 CONTINUED PUBLIC HEARING ON PROPOSED REGULATIONS FOR SHORE OUTHAULS

The Chairman read the several changes that were incorporated into the draft regulations as a result of the initial public hearing. These changes pertained to the “grandfathering” section and the regulations section, where a revocation clause was added. Public comment: Attorney Stuart Rapp, on behalf of the Shellfish Committee, requested the Commission to strike the phrase “legal document recorded at the Registry of Deeds,” on Page 6. A suggestion was made to add the phrase “but not limited to,” after “including” on Page 11. Arlene Wilson, PWS, requested that outhauls approved in Orders of Condition or Determinations of Applicability also be listed on Page 6 as proof of Town approval. Phyllis Cole asked that she be allowed to speak on her parcel on Bay Street. The Chairman denied the request, as the Commission will be hearing a future application on that parcel’s outhauls. Ms. Cole stated that she has shellfished since 1963, specifically around the outhaul posts. Staff requested that “Determination of Applicability” be listed after “Order of Conditions” on Page 6 in the new revocations section. The Chair stated that the deadline date for receiving applications for existing outhauls will be changed to September 1, 2010. The Chair added that the Legal Department would like to discuss the “grandfathering” section of the proposed regulations in the weeks ahead. A motion was made to continue the hearing to June 1st.

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Seconded and voted unanimously. II MINUTES FOR APPROVAL A. April 6, 2010 A motion was made to approve the minutes for April 6, 2010. Seconded and voted unanimously. B. April 13, 2010 The minutes of April 13th will be considered at the 6/1/10 meeting. III REQUESTS FOR DETERMINATION Edward Salzberg. Construct 4’ x 12’ foundation wall and frame-in two walls for new stairwell at 54 Channel Point Rd., Hyannis as shown on Assessors Map 326 Parcel 072. DA-10021 The applicant was represented by Jeffrey Davis. Issues discussed:

A great deal of material being stored on shore. A motion was made to issue a negative determination. Seconded and voted unanimously. Arne & Sarah Ojala. Construct 12’ x 24’ addition to existing garage; remove 2 pitch pines; relocate retaining wall and split-rail fence; install dry well at 211 Maple St., W. Barnstable as shown on Assessors Map 132 Parcel 005. DA-10022 The applicant attended the hearing. Issues discussed:

Drywell proposed for roof runoff. A motion was made to issue a negative determination. Seconded and voted unanimously. Town of Barnstable/Marine & Environmental Affairs. Removal of six diseased and decaying white pine trees as determined by tree warden within vicinity of public parking and boat storage at 235 Cedar Tree Neck Rd., Cotuit as shown on Assessors Map 076 Parcel 024. DA-10023 The applicant was represented by Eric Shufelt. Issues discussed:

A total of five trees were proposed for removal for safety reasons. A motion was made to issue a negative determination. Seconded and voted unanimously. IV NOTICES OF INTENT None

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V CONTINUANCES Brett Fournier. Addition to single-family dwelling at 1175 Old Stage Rd., Centerville (Marstons Mills) as shown on Assessors Map 172 Parcel 009-001. SE3-4877 The applicant was represented by Jack Vaccaro. Issues discussed:

Mitigation ratio was reduced for the project. 1000 feet of planting mitigation to be concentrated in area of swing set and trampoline (which will be

relocated away from the wetland). This to be in consultation with staff. A motion was made to approve the project with special conditions. Seconded and voted unanimously. Mary & Michael Renzi. Seek post-construction approval for extension to existing shed and chain-link fence at 387 Phinney’s Ln., Centerville as shown on Assessors Map 230 Parcel 093. SE3-4878 The applicant attended the hearing. Issues discussed:

Staff recommendation was to provide an 8-foot buffer of meadow along the pondshore in the shed section of the property.

A revised plan will be submitted. Landscape timbers pondward of the fence will be removed. A motion was made to approve the project with special conditions. Seconded and voted unanimously. VI CERTIFICATES OF COMPLIANCE (ez = staff recommends approval) (* = on-going conditions) A. Gowans SE3-1693 Request for “corrected” CERTIFICATE OF COMPLIANCE B. Burkhead SE3-4549 (coc,ez) other hardscaping changes (not done); construct

retaining walls C. Mitchell SE3-4132 (coc,ez) construct single-family dwelling (not done) D. Mitchell SE3-4133 (coc,ez) construct single-family dwelling (not done) E. Field SE3-4511 (coc,ez) construct boardwalk and bank stairs * F. Barrett SE3-4575 (coc,ez) permit as-built stone wall, path, & steps * G. Burton SE3-4574 (coc,ez) replace stone wall with revetment * A motion was made to approve all certificates. Seconded and voted unanimously.

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VII REVISED PLAN project # project type revision A. Baker/Blakely SE3-4824 pier, ramp, floats extend timetable The applicant was represented by Arlene Wilson, PWS and George Gilmore. Issues discussed:

A one-month seasonal time extension was requested. A motion was made to approve the revised plan. Seconded and voted unanimously. A motion was made to adjourn. Seconded and voted unanimously. The time was 7:31 p.m.

MN060110 1



DATE: June 1, 2010 – 6:30 P.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 6:30 p.m. by Chairman Dennis R. Houle. Also attending were Vice-Chairman Tom Lee and Commissioners John Abodeely, Peter Sampou, Scott Blazis, Larry Morin, and Louise Foster. Rob Gatewood, Conservation Administrator, assisted. The meeting was held in the Hearing Room, Barnstable Town Hall, Hyannis, MA. I CONTINUED PUBLIC HEARING ON PROPOSED REGULATIONS FOR SHORE OUTHAULS Chairman Dennis Houle described changes in the grandfathering section of the draft regulations stemming from discussions with the Town Attorney. The Commission discussed whether changes of use should disqualify grandfathering. Such changes will be discussed at the hearing. A change in the draft regulations was also incorporated on this issue. An allowance under the RDA track for non-motorized craft (dropping the 14-foot length threshold) was accepted. The deadline for filing for existing outhauls was changed to October 1, 2010. The fee section was deleted, as fees are set forth in a separate fee schedule for all projects submitted for review. Other small amendments were discussed and accepted. A motion was made to accept Chapter 711, as amended. Seconded and voted unanimously. II MINUTES FOR APPROVAL A. April 13, 2010 B. April 20, 2010 C. May 4, 2010 A motion was made to approve the minutes (“A – C”).

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Seconded and voted unanimously. III REQUESTS FOR DETERMINATION Massachusetts Highway Division. Trim/remove all dead, dying or unsafe trees within the State Highway Layout that present a hazard to roadways, pedestrians, and/or residences in the vicinity. Trees to be removed will be flush-cut at ground level with no grubbing or stumping and all slash, chips, and other materials will be removed from the site at Routes 6, 6A, 28 and 132, Barnstable. DA-10024 The applicant was represented by Tom McGuire. Issues discussed: The applicant requested a negative determination as follows: two for wetlands; three for the buffer zone; and, five for exempted work in the riverfront. The Commission discussed the difficulty of granting a blanket allowance for tree removal. Staff consultation was recommended for the request. Proposed “Tree Trimming and Removal Guidelines,” were reviewed. Town Councilor Ann Canedy discussed the Route 6-A Committee’s approach to tree removal. David Allen stated that an arborist is the best qualified person for such work, as opposed to an engineer. A motion was made to issue a negative determination. Seconded and voted: 4 votes “Aye;” 3 votes “Nay.” Edmund R. Foster. Install patio, outdoor shower and outdoor lights along patio path and pier at 204 Clamshell Cove Rd., Cotuit as shown on Assessors Map 005 Parcel 051. DA-10025 Commissioner Louise Foster, co-owner of the site, recused herself. The applicant attended the hearing. Issues discussed:

Standard lighting allowances would apply. A motion was made to issue a negative determination. Seconded and voted unanimously. Holly Point Association. Distribute sand over beach area and pathways leading to swimming area at 99 Holly Point Rd., Centerville as shown on Assessors Map 232 Parcel 043. DA-10026 The applicant was represented by Roger Bodley. Issues discussed: no concerns arose. Seconded and voted unanimously. Town of Barnstable/Dept. of Public Works. Replace and install updated drainage system in parking area to eliminate large puddle at Blish Point, 307 Mill Way, Barnstable as shown on Assessors Map 301 Parcel 064. DA-10027 The applicant was represented by Brian Celia. Issues discussed:

The Commission asked for the parking impediment to be minimized. The post and rail system shall be eliminated.

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A revised plan shall be submitted. A motion was made to issue a negative determination. Seconded and voted unanimously. IV NOTICES OF INTENT (None) V CONTINUANCES Anthony Russo. Construct single-family house with associated grading, on-site septic system, well and utilities at 0 Main St., W. Barnstable as shown on Assessors Map 197 Parcel 040. SE3-4875 The applicant did not attend the hearing. Issues discussed: As a courtesy, a motion was made to continue the hearing to August 10th. Seconded and voted unanimously. VI CERTIFICATES OF COMPLIANCE (ez = staff recommends approval) (* = on-going conditions) A. TOB/REC SE3-4633 (coc,ez) raze & construct harbormaster building at Bismore Park * B. Maddalena SE3-4449 (coc,ez) permit & modify existing seasonal pier * C. Bartlett SE3-4072 (coc,ez) construct 2nd-story addition (not done) * D. Salted Realty Trust SE3-4487 (coc,ez) construct single-family dwelling (not done) E. Marlu LLC SE3-4783 (coc,ez) rebuild platform, ramp, & float * F. TOB/DPW SE3-2474 (coc,ez) construct septic system at Christian Camp Meeting Assoc.*

G. TOB/DPW SE3-2661 (coc,ez) repaving & stormwater improvements on Bay Lane, Ctrvl. H. Persson SE3-3787 (coc,ez) construct temporary wave break * I. TOB/DPW SE3-2729 (coc,ez) drainage improvements at Oak St. & Great Hill Drive J. Silvia & Silvia SE3-1493 (coc,ez ) construct single-family dwelling (not done) K. Hower SE3-4579 (coc,ez) reconstruct revetment * A motion was made to approve all certificates (“ A – K”). Seconded and voted unanimously. A motion was made to adjourn. Seconded and voted unanimously. The time was 8:26 p.m.

MN061510 1



DATE: June 15, 2010 – 6:30 P.M.



The meeting was called to order at 6:31 p.m. by Chairman Dennis R. Houle. Also attending were Vice-Chairman Tom Lee, and Commissioners John Abodeely, Scott Blazis, and Larry Morin. Peter Sampou and Louise Foster were away. Rob Gatewood, Conservation Administrator, assisted. The meeting was held in the Selectmen’s Conference Room, Barnstable Town Hall, Hyannis, MA. I OLD & NEW BUSINESS A. Open Space & Recreation Plan with Elizabeth Jenkins Elizabeth Jenkins, Principal Planner of the Growth Management Department, attended the hearing. Ms. Jenkins summarized the draft of the Open Space and Recreation Plan, chapter by chapter. A public hearing will be held on June 21st, at which time further Commission comment would be welcome. A motion was made to endorse the draft of the open space plan. Seconded and voted unanimously. II MINUTES FOR APPROVAL A. May 11, 2010 B. June 1, 2010 A motion was made to approve the minutes (“A – B”). Seconded and voted unanimously. Commissioner Abodeely abstained from the vote with regard to the May 11th minutes. Seconded and voted unanimously. III REQUESTS FOR DETERMINATION Mary Schoebel. Replace septic system in northeast corner of site at 11 Nyes Point Way, Centerville as shown on Assessors Map 233 Parcel 069. DA-10028

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A continuance was requested via letter. A motion was made to continue the hearing until July 13th. Seconded and voted unanimously. No testimony was taken. Mystic Lake Hills Civic Association. Permit existing beach nourishment, 10 – 15 yards of sand placed on beach at Mystic Lake, 30 Sawmill Rd., Marstons Mills as shown on Assessors Map 063 Parcel 062. DA-10029 The applicant was represented by Jesse Mahan. Issues discussed:

This was an as-built filing. The Commission was assured that, in the future, permits would be obtained. Fescue seed will be applied to the temporary access road.

A motion was made to issue a negative determination. Seconded and voted unanimously. Jay Bergeron & Joanne Crowley. Replace existing cesspool located ±30’ from MHW with a tight tank located ±76’ from MHW at 59 Short Beach Rd., Centerville as shown on Assessors Map 206 Parcel 034. DA-10031 The applicant was represented by Arlene Wilson, P.W.S. Issues discussed:

A tight-tank was proposed. The Commission discussed possible further reviewing of the final plan, should bedroom number increase. A revised plan is to be submitted showing the system approved by the Board of Health. Any inverse in nitrogen loading shall require additional review.

A motion was made to issue a negative determination. Seconded and voted unanimously. Bartlett Tree Experts. Cut invasive gray willow trees to 6-12 inch stumps. Work to be done from water side; all debris to be removed from site via raft over water for proper disposal. Each stump to be painted with Glyphosate (Rodeo) using paint brush to suppress new sprouts and kill roots; one follow-up treatment may be applied to help further limit new sprouts. Work to be done along shorelines of Hamblin Pond, Middle Pond, and Mystic Lake, Marstons Mills as shown on Assessors Map (various) Parcel (various). DA-10030 The applicant was represented by Steve Heywood. Issues discussed:

Work to be overseen by a certified arborist, and all herbicide work shall be by licensed applicator. Plants shall be removed by float only. All work shall be performed from the water Advance consultation with staff required for off-loading areas.


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James P. Kelly. Vista pruning and installation of chain-link fence to edge of vegetation and cut grass in front of pool twice per year, in May and October, at 150 E. Bay Rd., Osterville as shown on Assessors Map 140 Parcel 166. DA-10032 The applicant attended the hearing. Issues discussed:

Vista pruning guidelines shall apply The proposed fence will be elevated.

A motion was made to issue a negative determination. Seconded and voted unanimously. IV NOTICES OF INTENT Donald & Maureen Salamack. Additions to existing single-family residence at 614 Poponessett Rd., Cotuit as shown on Assessors Map 007 Parcel 002. SE3-4883 The applicant was represented by Daniel Ojala, P.e. Issues discussed:

The project consists of several additions. A net reduction of 16 square feet of structure will be removed from the 50-foot buffer.

The Commission sought planting mitigation at a 3:1 ratio for the overall footprint within the 100-foot buffer.

A clippings dump exists on the bank No drywells exist; they will be added A 20” oak on the west side of the house will be preserved. A 900-sq. ft. mitigation planting ratio was proposed, in consultation with staff.

A motion was made to approve the project with special conditions. Seconded and voted unanimously. David Der Hagopian. Raze and replace existing single-family home with appurtenances; remove a section of existing driveway and cesspools; install new Title-5 septic system at 262 Ocean View Ave., Cotuit as shown on Assessors Map 033 Parcel 002. SE3-4885 The applicant was represented by Kieran Healy. Issues discussed:

The lower driveway and two cesspools are proposed to be removed from the 50-ft. buffer zone. A motion was made to approve the project with special conditions. Seconded and voted unanimously. Bruce Khorie. Raze existing house; construct new house on existing foundation; construct new garage and mitigation landscaping at 351 Huckins Neck Rd., Centerville as shown on Assessors Map 233 Parcel 041. SE3-4884 Issues discussed:

The existing foundation will be retained. Elevation views were submitted

A 9A mitigation buffer was proposed and accepted.

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Public comment:

Jan Volk, abutter, asked about a work limit stake he thought was located on his property. Barbara Morris spoke in favor of the project.

A motion was made to approve the project with special conditions. Seconded and voted unanimously. John T. Connor, Jr. and Susan Scholle Connor. Demolish fire-damaged dwelling; construct new house generally within same footprint with utilities and all associated appurtenances; remove fire-damaged trees at 110 Vineyard Rd., Cotuit as shown on Assessors Map 016 Parcel 020. SE3-4887 The applicant was represented by John O’Dea, P.E. Issues discussed:

The existing house was damaged beyond repair, except the west wing. For the proposed additions, a 3:1 planting mitigation program was outlined. Two canopy trees will be

included. A septic upgrade was proposed Staff will be consulted on wildlife passage through the existing fence.

Public comment:

Attorney Amy Eberly represented the Cahorans, abutters. She asked for the location of the air conditioning unit and the trees to be removed. Mr. O’Dea indicated that only two pitch pines, centrally located to seaward, would be removed.

A motion was made to approve the project with special conditions. Seconded and voted unanimously. Nathan Rudman. Demolish existing house; construct new single-family dwelling with all associated appurtenances at 50 Waterman Farm Rd., Centerville as shown on Assessors Map 207 Parcel 104. SE3-4886 The applicant was represented by John O’Dea, P.E. Issues discussed:

The proposed mitigation planting strip, representing a 3:1 ratio, was outlined. Commissioner Blazis disclosed his personal friendship with the applicant Staff will review the possibility for Mosquito Control intervention in improving salt marsh flushing of a

Phragmites area. The work limit is to be pulled landward above the borrow pit Natural Heritage comments will be included.

A motion was made to approve the project with special conditions. Seconded and voted unanimously. V AMENDED ORDERS Jerry Blakeley. Allow placement and use of a floating lift at previously approved dock under Permit SE3-4824, at 250 Windswept Way, Oyster Harbors, Osterville, as shown on Assessors Map 051 Parcel 012. The applicant was represented by Arlene Wilson, P.W.S. Issues discussed:

The proposed float lift would serve a small electric launch drafting only ten inches.

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Concern for setting a precedent with the boat lift Lack of a unique circumstance for the proposal

Ms. Wilson said the Commission’s concerns with lifts has always revolved around aesthetics. She said that the plan meets the Commission’s design requirements. A motion was made to continue the hearing to July 27th. Seconded and voted unanimously. Town of Barnstable/Dept. of Public Works. Amend Order of Conditions (Permit SE3-4876) to also permit construction of a proposed walking path along Sandy Neck Rd., Barnstable as shown on Assessors Map 263 Parcel 001. The pathway would extend from the newly constructed sidewalk to the bathhouse, along a slightly different footprint than originally planned. Also, a slight footprint change to the approved garage will be considered. The applicant was represented by Amy Ball and Tim Sawyer, R.A. Vice Chairman Tom Lee recused himself. Issues discussed:

Pathway and garage footprints were altered on the revised plans. Public comment:

Attorney Bill Henchy asked the Commission to consider a limit of work ten feet off the proposed garage. Some re‐vegetation within the work limit of the garage was requested.

The park manager spoke against planting nursery stock. A revised plan will be submitted. A motion was made to approve the project with special conditions. Seconded and voted unanimously. VI CERTIFICATES OF COMPLIANCE (ez = staff recommends approval) (* = on-going conditions) A. Ellis SE3-3856 (coc,ez) construct addition and deck * B. Simons SE3-4062 (coc,ez) construct single-family dwelling (not done) C. Canzano SE3-4215 (coc,ez) construct single-family dwelling (not done) D. Palmyra RT SE3-4538 (coc,ez) construct additions to single-family dwelling * E. TOB/DPW SE3-0637 (coc,ez) drainage improvements on Craigville Beach Road A motion was made to approve all the certificates (“A – E”). Seconded and voted unanimously. VII REVISED PLANS project type revision A. Miller SE3-4638 foundation extension to footing/cap The applicant was represented by John O’Dea, P.E. Issues discussed: No concerns arose.

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A motion was made to approve the revised plan. Seconded and voted unanimously. VIII EXTENSIONS A. Miller SE3-4638 foundation 1st 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. IX OLD & NEW BUSINESS CONTINUED A. Fuller Farm land acquisition (995 Rt. 149, Marstons Mills); map 103.001; map 102.003 & map 102.185 (22 acres). Proposed for conservation management. A motion was made to endorse the acquisition of the Fuller Farm on Route 149. Seconded and voted unanimously. A motion was made to adjourn. Seconded and voted unanimously. The time was 9:30 p.m.

MN072710 1



DATE: July 27, 2010 – 6:30 P.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 6:30 p.m. by Chairman Dennis R. Houle. Also attending were Vice-Chairman Tom Lee, and Commissioners John Abodeely, Peter Sampou, and Larry Morin. Commissioners Scott Blazis and Louise Foster were away. Rob Gatewood, Conservation Administrator, assisted. The meeting was held in the Hearing Room, Barnstable Town Hall, Hyannis. I MINUTES FOR APPROVAL A. July 13, 2010 A motion was made to approve the minutes. Seconded and voted unanimously. [Peter Sampou abstained] II REQUESTS FOR DETERMINATION Kathleen Logan. Septic system upgrade at 18 Sunset Ave., Centerville as shown on Assessors Map 226 Parcel 171. DA-10039 The applicant was represented by Jack Vaccaro. Issues discussed:

The plan has been approved by the Board of Health. A motion was made to issue a negative determination. Seconded and voted unanimously. Rimma Kovalcik. To seek approval for work started on 2-foot deck extension in front of house; add new section (4’ x 40.8’) of deck on south side and new section (4.9’ x 23.4’) on north side at 276 Lake Side Dr., Marstons Mills as shown on Assessors Map 102 Parcel 025. DA-10038 The applicant attended the hearing. Issues discussed:

The deck expansion was pursued to improve handicap accessibility.

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A motion was made to issue a negative determination. Seconded and voted unanimously. William Castor. Remove part of deck on rear of house; build 12’ x 16’ single-story addition with roof deck above. Addition to be built on concrete slab at 64 Waterside Dr., Centerville as shown on Assessors Map 227 Parcel 161. DA-10040 The applicant was represented by Mark Stanley. No concerns arose. A motion was made to issue a negative determination. Seconded and voted unanimously. Thomas Kosman & Ruth J. Weil. Add 10’ x 22’ deck with 2’ x 12’ bump-out and two sets of exterior stairs at 20 Sheep Meadow Rd., W. Barnstable as shown on Assessors Map 109 Parcel 020. DA-10041 Mr. Kosman attended the hearing. No concerns arose. A motion was made to issue a negative determination. Seconded and voted unanimously. III NOTICES OF INTENT Michael T. & Betsey B. Fitzgerald. Replace existing dock with 4’ x 20’ pier, 3’ x 16’ float and 4 tie-off piles; replace 50’ of vertical stone retainage and 15’ of timber bulkhead with new timber bulkhead, return and stone angle joint protection at 90 Short Beach Rd., Centerville as shown on Assessors Map 206 Parcel 123. SE3-4888 The applicant was represented by Arlene Wilson, P.W.S. Ms. Wilson requested a continuance, as the project resides in the District of Critical Planning Concern (DCPC), and a hearing could not go forward at this time. A motion was made to continue the hearing to September 21st. Seconded and voted unanimously. No testimony was taken. W. Frederick & Diana Uehlein, Trs./109 Eel River Road Nominee Trust. Replace bulkhead and relocate stairs/landing down the bank at 109 Eel River Rd., Osterville as shown on Assessors Map 115 Parcel 009. SE3-4889 The applicant was represented by John O’Dea, P.E. Issues discussed:

The proposed site plan was exhibited, and is herein noted as Exhibit A. Four photos of the site were submitted, and noted as Exhibit B, 1 – 4. The proposed mid-bank deck concerned the Commission, as did relocation of the stairs. The precise location of the proposed bulkhead had not been staked in the field, giving rise to uncertainty on

the part of the Commission.

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A motion was made to continue the hearing to August 24th. Seconded and voted unanimously. John Hamblin. Construct single-family home with site preparation, utilities and view-shed maintenance at 682 River Rd., Marstons Mills as shown on Assessors Map 044 Parcel 025. SE3-4892 The applicant was represented by Arlene Wilson, P.W.S. Issues discussed:

The project is the same as that filed three years ago. No concerns arose. A motion was made to approve the project with special conditions. Seconded and voted unanimously. Yasmine Realty Ltd. Construct additions to existing house. All work within the 50 – 100 foot buffer zone from a coastal bank as shown on Assessors Map 051 Parcel 002. SE3-4890 The applicant was represented by Steve Wilson, P.E. Issues discussed:

Addition plantings at the top of a coastal bank were requested by the Commission as mitigation. A proposed elevation view was submitted and noted as Exhibit A.

A motion was made to approve the project with special conditions. Seconded and voted unanimously. Dennis & Susan Ausiello. Construct additions, sunroom with bedroom expansion over; patio and walkway; upgrade existing septic system at 80 Cross St., Cotuit as shown on Assessors Map 033 Parcel 029. SE3-4891 The applicant was represented by Lynne Hamlyn. Issues discussed:

Certain additions would require a waiver to the Buffer Zone Regulation. Mitigation plantings would be provided on a 3:1 basis

Public comment:

Michael Belanger, abutter, spoke in favor of the project. A motion was made to approve the project with special conditions. Seconded and voted unanimously. IV CONTINUANCES Christopher Outwin. Raze single-family dwelling and garage; construct new single-family dwelling, deck, detached garage and parking area; upgrade existing septic system; construct boardwalk/pier, ramp, floats with kayak rack at 25 Ladd Rd., Centerville as shown on Assessors Map 186 Parcel 053. SE3-4868 The applicant was represented by Lynne Hamlyn. Issues discussed:

A continuance to November 16, 2010 was requested.

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A motion was made to continue the hearing to November 16th. Seconded and voted unanimously. No testimony was taken. V CERTIFICATES OF COMPLIANCE (ez = staff recommends approval) (* = on-going conditions) A. Hyannisport Civic Assn. SE3-4509 (coc,ez) add float to existing pier * B. Feldt SE3-4320 (coc,ez) raze & construct sfd * C. Kaufman SE3-1466 (coc,ez) repair bulkhead, bank stairs, & deck D. TOB/MEA SE3-4512 (coc,ez) relocate Nickerson Cottage * E. Oyster Harbors Yacht SE3-4699 (coc,ez) reconstruct building; upgrade septic * F. Oyster Harbors Yacht SE3-4651 (coc,ez) reconstruct carpenter shop * G. Nolan SE3-4595 (coc,ez) raze & construct sfd; upgrade septic * A motion was made to approve all certificates (A – G). Seconded and voted unanimously. VI REVISED PLANS A. Town Barnstable Cons. Div. SE3-4773 Mystic Lake alum treatment protocols The applicant was represented by Rob Gatewood. Issues discussed:

Several proposed changes in the Order of Conditions for the Mystic Lake Alum Treatment project were presented. No concerns arose. A motion was made to approve the proposed changes, contingent upon Natural Heritage Program approval. Seconded and voted unanimously. VII OLD AND NEW BUSINESS A. The Chairman noted that the Blakeley request for an Amended Order of Conditions was withdrawn by the applicant. The

matter, therefore, was omitted from the agenda. A motion was made to adjourn. Seconded and voted unanimously. The time was 7:25 p.m.

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DATE: AUGUST 10, 2010 – 6:30 P.M.

LOCATION: HEARING ROOM

Note: Final Agenda at meeting may include some last minute filings


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 John Abodeely, Peter Sampou, Scott Blazis, and Larry Morin. Commissioner Louise Foster was away. Rob Gatewood, Conservation Administrator, assisted. The meeting was held in the Hearing Room, Barnstable Town Hall, Hyannis, MA. I MINUTES FOR APPROVAL A. July 20, 2010 A motion was made to approve the minutes. Seconded and voted unanimously. II REQUESTS FOR DETERMINATION Charles Murphy. Remove small retaining wall; beach nourishment; planting of native shrubs west side of property; vista pruning at 122 Point of Pines Ave., Centerville as shown on Assessors Map 230 Parcel 063. DA-10043 The applicant attended the hearing. Issues discussed:

Site photos were submitted. They were noted for the file as Exhibit A. The matter was the subject of a prior enforcement action by the Commission.

A motion was made to issue a negative determination. Seconded and voted unanimously. Ian O’Keeffe. Construct wood 2-rail fence on east and west property lines; changes to landscape near tennis court at 299 Sea View Ave., Osterville as shown on Assessors Map 138 Parcel 021. DA-10045 The applicant was represented by Ed Lacey.

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(O’Keeffe, cont’d.) Issues discussed:

The Commission requested additional planting along the top of the revetment, in consultation with staff. A motion was made to issue a negative determination. Seconded and voted unanimously. Town of Barnstable/Growth Management Dept. Install 18-foot, removable dinghy tie-up for approximately 10 to 12 dinghies for displaced slip holders as part of the channel entrance dredging project in Barnstable Harbor, at 307 Millway, Barnstable as shown on Assessors Map 301 Parcel 064. DA-10034 The applicant was represented by Alisha Stanley, Lynne Poyant, and Joe Gibbs. Issues discussed:

The project would help mooring holders who have been displaced by the inner harbor re-construction. However, it would be open to all comers on a first-come basis. The property management section agreed to sign, stating the strict season for dinghy tie-up there.

A letter from the Massachusetts Department of Fish & Game was received and noted for the file as Exhibit A.

A motion was made to issue a negative determination. Seconded and voted unanimously. Jonathan Fain/93 & 102 Alpine Way Realty Trust. Vista pruning per Conservation Guidelines at 93 Alpine Way, Marstons Mills as shown on Assessors Map 081 Parcel 022. DA-10044 $12.18 The applicant was represented by Natasha Bachelor. Issues discussed:

No concerns arose. Standard vista pruning guidelines applied.

A motion was made to issue a negative determination. Seconded and voted unanimously. III NOTICES OF INTENT Town of Mashpee. Maintenance dredging of the 1916 Channel in Popponesset Bay, Cotuit. SE3-4893 The applicant was represented by John O’Dea, P.E. and Sean Kelley, P.E. Issues discussed:

The last maintenance dredging of the channel took place in 1936. Site plans (four sheets) were displayed and are noted for the file as Exhibit A, 1-4. Beach nourishment will occur in Mashpee on Popponesset spit. A monitoring plan will be included in the Order to help minimize dredging below the over-dredge limit. Relocating shellfish prior to dredging was requested by the Commission, if desired by the Barnstable

Shellfish Constable. A motion was made to approve the project with special conditions. Seconded and voted unanimously.

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Edmund F. & Jennifer R. Murphy. Construct pool, spa and associated patio; additions to house over existing deck which is to be removed, at 629 Sea View Ave., Osterville as shown on Assessors Map 114 Parcel 053-002. SE3-4894 The applicant was represented by John O’Dea, P.E. and Peter Hansen. Issues discussed:

A 3:1 (or greater) mitigation ratio was proposed. Invasive species removal was proposed for the bank Once planted, the native shrubs would be largely left alone to naturalize. No wood chips would be used. The haybale line will be extended.

A motion was made to approve the project with special conditions. Seconded and voted unanimously. David Ross/Cape Cod Cranberry Realty Trust. Construct single-family home with driveway, walkway, septic, utilities, landscaping, etc. at 0 Water Hole Ln., W. Barnstable as shown on Assessors Map 130 Parcel 008. SE3-4895 The applicant was represented by Matthew Creighton. Mr. Ross also attended the hearing. Issues discussed:

The site plan was displayed, and noted for the file as Exhibit A. A slight culvert extension was proposed, and presented in a revised plan and noted for the file as Exhibit B. The latter was the only change in the formerly approved plan.

Public comment:

Steve Eldredge, abutter, said that the Building Commissioner indicated that the access road will have to be paved and provided with a turn-around. He submitted a packet of information, noted for the file as Exhibit C.

A revised plan will be submitted, showing the driveway improvement. A motion was made to approve the project with special conditions. Seconded and approved: 5 votes “Aye;” 1 vote “Nay.” The Chairman noted that the new Permit Expiration Act may apply to the former expired application. IV CONTINUANCES Anthony Russo. Construct single-family house with associated grading, on-site septic system, well and utilities at 0 Main St., W. Barnstable as shown on Assessors Map 197 Parcel 040. SE3-4875 A letter requesting a continuance was read. It was noted for the file as Exhibit A. A motion was made to continue the hearing to October 19, 2010. Seconded and voted unanimously. No testimony was taken. V CERTIFICATES OF COMPLIANCE (ez = staff recommends approval) (* = on-going conditions) A. Bett’s Pond B.T. SE3-4380 (coc,ez) construct office building * B. Danforth SE3-4760 (coc,ez) construct pergola; landscaping *

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(Certificates, cont’d.) C. Simboli SE3-3537 (coc,ez) raze & construct single-family dwelling * D. Handel SE3-0615 (coc,ez) upgrade septic system E. Indian Point, Inc. SE3-3745 (coc,ez) beach nourishment F. Conover SE3-3762 (coc,ez) construct single-family dwelling (not done) G. Conover SE3-3764 (coc,ez) construct pier (not done); rebuild bulkhead * H. Conover, Tr. SE3-4588 (coc,ez) dredge Great Cove Channel entrance A motion was made to approve all certificates (“A – H”) Seconded and voted unanimously. A motion was made to adjourn. Seconded and voted unanimously. The time was 7:40 p.m.

Documents

Conservation Commission PM 2008