DENNIS CONSERVATION COMMISSION - the Town of Dennis

DENNIS CONSERVATION COMMISSION
THURSDAY, JANUARY 7, 2010
DENNIS TOWN OFFICES
SMALL HEARING ROOM
PRESENT:
STAFF:
Chairman Waldo, Members Verny, Olwell, MacDonald, VonHone,
Dumas and Flood
Technical Consultant Fantozzi, Conservation Agent Wightman,
Secretary Fabiano-Stowe
Chairman Waldo called the meeting to order at 7:02 p.m.
Mr. Waldo stated the Commission would deal with Administrative Orders first.
I. CONTINUED HEARINGS
A. Eldredge- Notice of Intent (SE16-1909)
55 OLD MAYFAIR ROAD, SOUTH DENNIS
Mr. Mark Burgess was present on behalf of the applicant. Mr. Burgess stated Mr.
Eldredge was in the audience. Mr. Burgess explained the application to the Commission
members.
Mr. MacDonald asked about the presentation about the new technology and if staff
concurs with the applicant’s representative. Ms. Fantozzi stated it does have a lot of
advantages.
Mr. Verny asked if the Order of Conditions could include, due to previous complaints of
docks/float portions breaking away and ending up on other people’s property, that the
floats are identifiable.
Mr. VonHone asked about the handrails.
Mr. Marcy has specifically reviewed the project, and agrees that the Commercial and
Recreational shellfish areas are to the east. It is habitat, but, this won’t be in a significant
shellfish area.
Mitigation is being offered.
Mr. Dumas stated he lives adjacent to this area, and people are actively shellfishing all
summer long.
A discussion of the shellfish habitat took place.
Mr. MacDonald stated mitigation responds for what is called for.

Conservation Commission Hearing Thursday, January 7, 2010 Page 2
Mr. MacDonald moved to close the public hearing.
Mr. Flood seconded.
IN FAVOR 7
OPPOSED 0
VOTED
Mr. MacDonald moved to find that the project, as permitted, is a water dependent
use and, therefore, no variances are required. Mr. MacDonald further moved that
portions of the occupation and approach areas for the pier, float and ramp are
viable shellfish habitat and shall require mitigation.
Mr. Flood seconded the motion.
IN FAVOR 7
OPPOSED 0
VOTED
Mr. MacDonald moved to Issue an Order of Conditions, as recommended by staff,
with the additional condition that all parts and floats be branded, and construction
of a handrail, if necessary per the building code, is subject to a receipt of a revised
plan.
Ms. Olwell seconded the motion.
IN FAVOR 6
OPPOSED 1 (Dumas)
VOTED
II.
NEW HEARINGS
B. Soundings Seaside Resort/Narbonne- Notice of Intent (SE16-
1912)
79 CHASE AVENUE, DENNISPORT
Mr. Dan Ojala was present on behalf of the applicant. Mr. Ojala gave an extensive
history of the site, and explained the proposed application. Offsite Stormwater mitigation
will be constructed on Town Property.
Mr. Verny thanked Mr. Ojala for addressing the areas of concern on the property. The
ramp area is being proposed for handicap access.
Mr. Verny moved to close the public hearing.

Conservation Commission Hearing Thursday, January 7, 2010 Page 3
Ms. Olwell seconded the motion.
IN FAVOR 7
OPPOSED 0
VOTED
Mr. Verny moved to issue a variance, as given the existing conditions, there are no
reasonable alternatives.
Mr. MacDonald seconded the motion.
IN FAVOR 7
OPPOSED 0
VOTED
Mr. Verny moved to issue an Order of Conditions as recommended by staff.
Ms. Fantozzi stated a few wording changes: Condition #19- last line should read
said value shall be determined by project engineer and approved by Town engineer,
#20, going before the Board of Appeals, deletion of Planning Board, public hearing
and review process, #24- within the 50’ buffer zone, there is one area that needs to
be excepted, existing lawn areas near existing pools.
Mr. Verny amended his motion to reflect the changes as suggested by Ms. Fanotzzi.
Mr. MacDonald seconded the motion.
IN FAVOR 7
OPPOSED 0
VOTED
This application was a collaborative effort between the Natural Resources Department.
and Mr. Ojala, over the past few months.
C. Condinho- Request for Determination of Applicability
91 TOM’S PATH, DENNISPORT
Mr. Dan Ojala, Down Cape Engineering, was present. Mr. Ojala explained the project to
the Commission members.
Mr. Verny moved to issue a Positive 2B (wetland resource area delineation not
verified) and Negative 3 (work in buffer zone will not adversely impact the
vegetated wetland) to the Plan of record dated December 2, 2009, stamped by Daniel
Ojala.
Mr. Flood seconded

Conservation Commission Hearing Thursday, January 7, 2010 Page 4
IN FAVOR 7
OPPOSED 0
VOTED
D. Cork Qualified Personal Residence- Request for Determination
of Applicability
75, 82, 90, 91, AND 96 CROCKER’S PATH, EAST DENNIS
Stan Humphries was present. A site inspection with the Technical Consultant was
conducted.
Mr. MacDonald moved to issue a Positive 2A, verifying the wetland resource areas
as shown on the Plan of Record dated 12.21.2009, stamped by Timothy Bennett, and
Negative 3, work think the buffer zone will not adversely impact the coastal bank
and bordering vegetated wetland.
Mr. Flood seconded the motion.
IN FAVOR 7
OPPOSED 0
VOTED
E. Hedin- Request for Determination of Applicability
21 SPADONI WAY, DENNIS
Ms. Fantozzi explained the application to the Commission Members.
required and no grading is proposed.
No variances are
Mr. Verny moved to issue a Negative 2 (work in land subject to coastal storm
flowage) and Negative 3 (work in the buffer zone to a bordering vegetated wetland
and coastal bank) will not adversely impact, with stipulations that no fill is to be
added and that no equipment, debris or materials shall be allowed within the 50’
buffer.
Mr. Dumas seconded the motion.
IN FAVOR 7
OPPOSED 0
VOTED
III.
ADMINISTRATIVE
F. Cove View Condo Association- Certificate of Compliance
(SE16-1637)
21 (REAR) OLD MAIN STREET, SOUTH DENNIS

Conservation Commission Hearing Thursday, January 7, 2010 Page 5
Ms. Fantozzi explained to the Commission members.
Mr. Von Hone moved to issue a Certificate of Compliance, with ongoing conditions,
for Cove View Condo Association, 21 (Rear) Old Main Street, South Dennis.
Mr. Dumas seconded the motion.
IN FAVOR 7
OPPOSED 0
VOTED
G. Town of Dennis- Reissue Extension Permit (SE16-1076)
SESUIT HARBOR, EAST DENNIS
The date was incorrect at the last hearing for an extension. It should have been a five
years, not three.
Mr. MacDonald moved to re-issue an Extension Permit for the Town of Dennis,
Sesuit Harbor, East Dennis.
Mr. Verny seconded the motion.
H. Sign Lease for Cranberry Bog (Stephen Phillips Road, East
Dennis)
The Commission members signed the lease for the Cranberry Bog (Stephen Philips Road,
East Dennis.
I. Reports (Technical Consultant/ Conservation Agent)
Mr. Wightman updated the Commission members as to status of the dredging of Swan
River. Received waiver on winter flounder. Mr. Wightman complimented Coastal
Engineering and Joe Rodricks. The dredging may begin on the February 24, 2010.
Shellfish Mitigation is going to executive session.
Ms. Fantozzi passed out a document. The Barnstable County Commissioners have
proposed a DCPC for the waters surrounding Cape Cod, with the same footprint as the
Ocean Management. plan. The County has no ownership.