WELLFLEET CONSERVATION COMMISSION
MINUTES OF MEETING OF FEBRUARY 5, 2003, 4:00 P.M., SENIOR CENTER
Present: Paul Banner, Co-Chair; Cyndi Moe, Co-Chair;
John DiBlasio, Dorothy Dolan, Virginia Page,
Edwin Reynolds, Richard Tesson; Emily Beebe,
Conservation Agent; Erik Mitchell, Assistant;
Birgitta Olson, Clerk.
Meeting called to order at 4:10 p.m. by Chair Paul Banner.
Business Meeting.
- Mail was reviewed.
- The Minutes of the meeting of 1/15/03 were approved as amended,
as MOVED by Page, SECONDED by Reynolds, and CARRIED 7-0.
- A 2-year Extension of an Order of Conditions was granted to
Richard & Hannelore Noble/Barry Barnes, 20 3rd Street, as MOVED
by Moe, SECONDED by DiBlasio, and CARRIED 7-0.
- A duplicate Certificate of Compliance was signed for the
Shaderowfsky property, Indian Neck.
- Dottie Dolan & Emily Beebe will do beach clean-up at Newcomb
Hollow on February 15th.
- The Chair called for preliminary discussion of the proposed
Cole's Neck water main extension. It was agreed that: all Resources should be cited; a condition should be included
that provides for immediate repair if any culvert is damaged;
a construction schedule be established; a pre-construction
meeting and drive-through with the contractor be scheduled.
- Henceforth all hearings will be opened under the Wetlands
Protection Act and the Wellfleet Environmental Protection
Bylaw. One motion on the project will suffice.
5:00: Town of Wellfleet, NOI, Pole Dike Road-West Main Street-Main
Street-Bank Street-Commercial Street-Kendrick Avenue: Installation of water main within paved roadway, with portions of work occurring within buffer zone to wetland resources. Paul Gabriel, Project Manager for Environmental Projects Group, mapped the 2.2 miles of 8-inch municipal water main, to be buried 4-5 feet deep under the travelled road, which will serve the DPW Facility, Library, Town Hall and Marina. All wetland Resources impacted have been mapped;
they are Bordering Vegetated Wetland, Riverfront, Salt Marsh and
Coastal Dune. There are no Vernal Pools in close proximity to the project, and no Endangered Species Habitat is impacted. Shellfish should be kept in mind as a major Interest. Questions from Commissioners were answered, including excavation and backfilling to be done on a daily basis, with daily clean-up; scheduling for September 2003 after Labor Day, with no construction to be done around the weekend of the Oyster Festival; potential damage to culverts and repair; fire flow needs can be met if a suitable holding tank is installed; trailer on site with resident engineer to answer questions from the citizenry; traffic considerations will be discussed with public safety officials; pre-constructi
WELLFLEET CONSERVATION COMMISSION MINUTES 2/5/03 2
meeting and drive-through with engineer, clerk-of-the-works, contractor and Conservation Commission supervisors; weekly update to be published for townspeople; etc. Dorothy Dolan MOVED "that the Conservation Commission approve the Environmental Projects Group Plan for the Cole's Neck Water Main Extension, Permit Application dated 1/15/03, as presented, subject to conditions specified." SECONDED by Richard Tesson and CARRIED 7-0. Conditions were set. Supervisors:
Ed Reynolds, Emily Beebe, Erik Mitchell.
5:40: Philip Shapiro, NOI, 56 Warren Street, Map 36, Lot 107: Construction of single family dwelling within buffer zone to salt marsh. (Continued from 12/18/02.) Virginia Page left the table.
Dottie Dolan read the Minutes of the hearing of 12/18/02. The Chair reported on a site visit on 1/15/03 at high tide, when the vote taken 12/18/02 to have an independent survey done was rescinded, as MOVED by Dolan, SECONDED by Moe, and CARRIED 7-0.
He also read from the Minutes of the meeting of 1/15/03, at which this vote was re-affirmed in the business meeting. Arthur Croce, attorney for abutters DeLorenzo and Maiella, questioned the taking of this vote; the Chair noted that the site visit was a posted meeting, as was the 1/15/03 business meeting. A further site visit was made on 2/5/03, when Commissioners found no reason to change their earlier conclusions. Terry Ryder presented a revised plan with a one-bedroom instead of two-bedroom dwelling. It was established where the dike at the salt marsh is in relation to this property. John DiBlasio MOVED "that the Conservation Commission approve Ryder & Wilcox Plan #4542: Proposed On-Site Sewage Treatment & Disposal System, as revised 1/10/03, subject to conditions specified." SECONDED by Richard Tesson and CARRIED
7-0. Conditions were set: Supervisors: Emily Beebe & Cyndi Moe.
6:00: Robert Valois, RDA, 5 Samoset Avenue, Map 28. Lot 186: Alterations to dwelling within buffer zone to coastal bank and coastal beach. Mr. Valois said all work will be done within the existing footprint, without coming closer to the resource. Ed Reynolds MOVED "that the Conservation Commission make a Determination of Applicability, Negative #3, in accordance with the Architectural Drawings by R. Valois dated 1/8/03 and with the Construction Protocol in the letter dated 1/14/03, subject to conditions specified." SECONDED by John DiBlasio and CARRIED 7-0.
Conditions were set. Supervisor: Paul Banner.
6:15: Ruth Holbrook, RDA, 35 Way #60, Map 19, Lot 16: Installation of well and water line in buffer zone to bordering vegetated wetland. Jason Ellis presented the plan for a cottage on the property. Commissioners said the existing well should be filled.
WELLFLEET CONSERVATION COMMISSION MINUTES 2/5/03 3
Cyndi Moe MOVED "that the Conservation Commission make a Determination of Applicability, Negative #3." SECONDED by Ed Reynolds and CARRIED 7-0.
6:20: Pamela Arend, NOI, 50 Designer's Road, Map 23, Lot 118:
Installation of well and septic system upgrade in buffer zone to bordering vegetated wetland. Richard Tesson left the room. Jason Ellis presented the plan for a property situated between two wetlands, with a public water supply system located on it for abutting condominiums. Cyndi Moe MOVED "that the Conservation Commission approve the J.C. Ellis Design Septic System Upgrade Plan, as revised 12/2/02, subject to conditions specified."
SECONDED by John DiBlasio and CARRIED 7-0. Conditions were set.
Supervisor: Erik Mitchell.
6:30: Trevor & Kathleen Glucksman, NOI, 165 Commercial Street, Map 21, Lot 118: Septic system upgrade within buffer zone to coastal bank and within land subject to coastal storm flowage. Alan Cabral presented a plan for a system to include a Bioclere component and a mounded leachfield. Board of Health approval has been given; DEP approval of the Bioclere component is pending. Emily Beebe recommended that the work limit be brought in closer at the leaching area. Mr. Cabral agreed. Richard Tesson MOVED "that the Conservation Commission approve Felco Plan #01245, as revised 11/7/02, subject to conditions specified." SECONDED by Virginia Page and CARRIED 7-0. Conditions were set. Spvsr: Dottie Dolan.
6:45: Jeremy Seeger, Request for Amendment of Order of Conditions, 165 Indian Neck Road, Map 28, Lot 133: Relocation of well and leaching area for septic system upgrade. Alan Cabral presented a revised plan relocating the septic system from the west to the east side in order to save a group of trees to the east. The proposed work is more than 50 feet away from a small isolated wetland. After some discussion it was agreed to continue the hearing to check the 2001 delineation of the wetland. Dorothy Dolan MOVED "that the Conservation Commission continue the hearing to March 19, 2003." SECONDED by Richard Tesson and CARRIED 7-0.
6:55: Gary Ender, NOI, 145 Samoset Avenue, Map 28, Lot 104: Renovation of dwelling and repair of retaining wall within buffer zone to coastal bank. Robert Perry described the project.
Commissioners felt that the plan presented was not detailed enough for the work proposed. It was also pointed out that the site should be designated as within the ACEC, and that Natural Heritage should have been notified. Cyndi Moe MOVED "that the Conservation Commission continue the hearing to March 5, 2003 to allow for submission of further information." SECONDED by Richard Tesson
WELLFLEET CONSERVATION COMMISSION MINUTES 2/5/03 4
and CARRIED 7-0.
7:10: Peter Pearson, NOI, off Bayview Avenue, Map 35, Lot 212:
Bank stabilization and reconstruction of stairs on coastal bank. (Continued from 1/15/02.) Virginia Page left the table. Robert Hankey and Peter Watts of the Conservation Trust were present. The Chair read the Minutes of the hearing of 1/15/02. Mark Burgess reported that word had been received from Don Lewis for the Audubon and from Natural Heritage with reference to Diamond Back Terrapin habitat, with suggestions from both for conditions to be set on the project. The Chair read an Easement Agreement between the Pearsons and the Wellfleet Conservation Trust for access, construction, maintenance and use of the stairs. It was agreed that a Construction Permit will not be granted until written permission for access to the site across their properties is given by the Donalds and the
Kandels. Dorothy Dolan MOVED "that the Conservation Commission approve Coastal Engineering Site Plan #C15472.01/SP-1, as revised 12/16/02, subject to conditions specified." SECONDED by Richard Tesson and CARRIED 7-0. Conditions were set. Supervisor: Cyndi Moe.
Meeting adjourned at 7:45 p.m.
Respectfully submitted,
Birgitta V. Olson
Committee Secretary
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Paul H. Banner, Chair
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