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ConsComm Minutes 4-2-03
WELLFLEET CONSERVATION COMMISSION

MINUTES OF MEETING OF APRIL 2, 2003, 4:00 P.M., SENIOR CENTER

Present:  Paul Banner, Co-Chair; Cyndi Moe, Co-Chair;
         John DiBlasio, Dorothy Dolan, Virginia Page,
         Richard Tesson; Emily Beebe, Conservation Agent;
         Erik Mitchell, Assistant; Birgitta Olson, Clerk.
Regrets:  Edwin Reynolds.
Meeting called to order at 4:05 p.m. by Co-Chair Cyndi Moe.

Business Meeting
-  Steve Pechonis was present to discuss filling on his property
  at 135 Old Truro Road, Map 8 which is impacting an isolated
  wetland.  Richard Tesson left the table.  Most recently c.90
  yards of fill, or 10 truckloads, was brought in.  Mr. Pechonis    said his intention was to even off and stabilize a steep bank
  on the lot so he can utilize the property as a buildable lot.
  It was explained that he is engaged in activity being conducted
  within 100 feet of a resource area, possibly a vernal pool,
  without a valid Order of Conditions.  Erik Mitchell read
  alternative responses to this situation.  After discussion,
  Commissioners opted for cessation of all filling activity
  and filing of a restoration plan, including appropriate
  grading and revegetation of the bank.  Virginia Page MOVED        "that the Conservation Commission issue an Enforcement Order      based on the finding that work is being conducted in an area      subject to the Act without a valid Order of Conditions, and       which sets the following conditions: (1) Manure shoved over the    hill is to be removed immediately. (2) Double-staked hay bales    are to be installed at the foot of the slope. (3) Property        lines are to be marked. (4)A restoration plan is to be            submitted to the Conservation Commission by 5/2/03 for hearing    on 5/7/03."  SECONDED by John DiBlasio and CARRIED 5-0.  Emily    Beebe & Erik Mitchell will follow up on whether or not a vernal    pool exists.
  
Paul Banner took the Chair.
-  Beach Clean-Up at Newcomb Hollow is scheduled for 4/12.  John
  DiBlasio & Cyndi Moe will oblige.  The Ocean Conservancy has
  asked for the latitude/longitude coordinates for the beach; a
  photo of the beach; and a photo of the volunteer group.
-  Emily Beebe distributed a report on the Herring River put
  together by John Portnoy, including a history of events that
  have affected the river; frequently asked questions about the
  river prepared by the Seashore; and a bibliography of
   scientific papers written about the Herring River in Wellfleet.    She noted that anything that happens with the river, for          example adjustment of the gate and salt marsh restoration, is     within the jurisdiction of the Conservation Commission.  She      also suggested that Commissioners make a site visit at several    points along the river, and strike a sub-committee to study       river issues more closely and work with other groups interested    in th rehabilitation of the river.  The site inspection was      
WELLFLEET CONSERVATION COMMISSION MINUTES 4/2/03               2


Scheduled for April 9th at 8:30 a.m. from the DPW Facility.

5:10: Town of Wellfleet, NOI, Kendrick Avenue, Map 21, Lot 114:
Pier/Marina rehabilitation.  Joe Hanlon of Bourne Consulting Engineers, Mike Flanagan, Harbormaster & Mike May, Selectman were present.  The project involves removing and resetting the rip rap revetment all around; reconstructing a 20 x 20 foot section of the wood quay wharf and replacing the remaining portion with a rip rap revetment; moving pile mounted floats 10 feet seaward; reconstructing the top of the revetment slope and building a walkway around the marina; installation of a storm water management system; upgrade of the restrooms; and repaving of the parking area.
Questions of the Commissioners concerning storm water surge, replacement of the public ramps, composition of grassy areas bordering the walkway, and time frame were answered.  Emily Beebe recommended waiting to approve the plan until Shellfish Constable Jim McGrath had time to review the plan and comment on it.
Also certain revisions need to be made to the plan.  Dottie Dolan MOVED "that the Conservation Commission continue the hearing to 4/16/02."  SECONDED by Richard Tesson and CARRIED 6-0.


5:30: Harriet Griesinger, 440 Old Wharf Road, Map 35, Lot 1: Change in Plan, amendment of Order of Conditions.  (Continued from 3/9/03.  A revised plan was reviewed.  Alan Cabral noted that Audubon sees no need for the additional plantings originally proposed since the area is too shady for turtle nesting.  Dottie Dolan MOVED "that the Conservation Commission approve Felco Plan #99357, as revised 3/25/03 and amend the Order of Conditions, subject to conditions specified."  SECONDED by Cyndi Moe and CARRIED 6-0.  The original conditions were revised to fit the new plan.  Spvsr:  Cyndi Moe.


Other Business.
-  Mail was reviewed.
-  A Memo from the ZBA invited Commissioners to attend the 4-10
  hearing on the proposed North project, Old Wharf Point in the
  interest of better communication between Town boards.
-  There was discussion of the proposed changes to the Environ-      mental Protection Bylaw to be proposed to the Town Meeting.
  This is necessary because the time requirement for hearing new
  filings cannot be met due to newspaper deadlines for legal ads.
-  A draft letter from NRAB member Lezli Rowell to be sent to
  owners of property abutting the ponds was reviewed.  Although
  Commissioners recognized that the concerns expressed are
  legitimate, most did not like the tone of the letter, feeling
  that it would antagonize recipients and not achieve anything.
  A letter is to be sent to the NRAB stating that Commissioners
WELLFLEET CONSERVATION COMMISSION MINUTES 4/2/03             3   


   prefer to write their own letters.
-  The Minutes of the meeting of 2/19/03 were approved, as MOVED     by Moe, SECONDED by Page, and CARRIED 6-0.
-  The Minutes of the meeting of 3/12/03 were approved, as MOVED
   by Moe, SECONDED by Page, and CARRIED 6-0.
-  The Minutes of the meeting of 3/19/03 were approved as amended,
  as MOVED by Moe, SECONDED by Page, and CARRIED 6-0.
-  Cyndi Moe asked that the following be recorded in these Minutes    regarding the Ender project, Samoset Avenue: There is to be no
   change in the position of existing doors and windows, or in the
  location of the stoop.  
-  Emily Beebe distributed draft criteria for the evaluation of
  Town-owned property, stating that they need to be revisited and
  a recommendation made at Town Meeting.
-  A Certificate of Compliance was granted to Zelman, Ocean View
  Avenue, as MOVED by Moe, SECONDED by Tesson, and CARRIED 6-0.
-  Ms. Beebe noted that there is a USGS presentation on ground
  water lenses on the Outer Cape on 4/3, 1-3 p.m., at the           Library.
-  She also noted a joint meeting of the Selectmen acting as Water
  Commissioners and the Board of Health on 4/9/03, 6:30-8:30 p.m.
-  Richard Tesson noted that a white substance had been sprayed
   over the dune on Kendrick Avenue by photographers.  Emily Beebe
  will investigate and issue a Stop Work Order.


Meeting adjourned at 6:50 p.m.


Respectfully submitted,


Birgitta V. Olson                         
Committee Secretary                       



_______________________
Paul H. Banner, Chair

Approved 4/16/03