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ConsComm Minutes 10-15-03
WELLFLEET CONSERVATION COMMISSION

MINUTES OF MEETING OF JANUARY 15, 2003, 4:00 P.M., SENIOR CENTER

Present:  Paul Banner, Co-Chair; Cyndi Moe, Co-Chair; John DiBlasio, Dorothy Dolan, Virginia Page,  Emily Beebe, Conservation Agent; Erik Mitchell, Assistant Conservation Agent.

Meeting called to order at 4:00 P.M. by Chair Cyndi Moe.

Business Meeting.
-       Green Grant Youth Council is accepting requests for grant money for educational projects to be held on Earth Day 2003.  The Commission agreed it might be worth pursuing for a project on Cannon Hill.  The deadline for applications is 1/24/03.
-       Ernst Property
-       Annual Town Meeting is scheduled for 4/8/03.  The deadline for submittal of warrant articles is 1/24/03.
-       John Portnoy of CCNS sent an email to the Commission requesting a meeting during the week of 1/27/03 to discuss a proposed project on Mill Creek.  As part of the Herring River Restoration project, the CCNS has aquired funds in the amount of $50,000 to pay for the engineering costs associated with rebuilding the dike at Mill Creek.  The meeting is expected to last approximately 1 hour.
-       The MACC annual meeting is scheduled for March 1, 2003.
-       The New England Wildflower Society is seeking volunteers to participate in an invasive plant species study.  Training will be held at the Orleans Town Hall on March 29th.  The conservation agent(s) will look into the study and register the commission members who may have an interest.
-       Paul Banner moved that the Commission make a correction to the Wellfleet Conservation Commission minutes of meeting of December 4, 2003.  Specifically, the second bullet point under the business meeting minutes should read
-       The Minutes of the meeting of 12/18/02 were approved, as MOVED by Diblasio, SECONDED by Page and CARRIED 5-0.
-       The Conservation Commission re-visited the Shapiro property to review concerns brought up at the meeting of 12/18/02.  The inspection by the Commission was made at a 12.5
-       Keegan
-       Paul Banner would like to inspect the fiber rolls on the Shapiro property at the end of Indian Neck with the conservation agent(s).  He also indicated that a shellfisherman has been monitoring the beach elevation over time with photographs and stakes and that it might be of interest of the commission to see the information.

-       5:00:  William Deyesso, RDA, 995 Chequesset Neck Road, Map 19, Lot 95: after-the-fact filing for a shed in buffer zone to Coastal bank.  David Lajoie of Felco Engineering represented the applicant.  Diblasio MOVED that the Commission issue a negative determination #3 indicating that the work described in the Request is within the Buffer Zone, as defined in the regulations, but will not alter an Area subject to protection under the Act.  Therefore, said work does not require the filing of a Notice of Intent, SECONDED by Page and CARRIED 5-0.

-       5:15 Barbara E. & Gary J. Banuk, NOI, 66 Ione Road, Map28, Lot 65: request for Amended Order of Conditions. David Haig represented the Banuks. Mr. Haig presented revised plans indicating that the footprint of the house has not changed, however the proposed screen porch has been changed to a deck.  Dolan MOVED that the Commission issue an amended Order of Conditions to incorporate the plan revisions as indicated on the plans titled:  A Renovation for Barbara & Gary Banuk, and dated:  6/21/2000, as Revised 9/6/01, 4/15/02, 6/4/02, 8/20/02 AND the plans titled: Proposed on-site sewage treatment and disposal system, and dated: 2/4/02, 3/20/02, Revised 1/15/02.  SECONDED by Banner and CARRIED 5-0.

-       5:30 John F. & S. Jennifer Fitzgerald, NOI, 75 Old County Road, Map 30, Lot 79.4: request for Amended Order of Conditions under the Wellfleet Environmental Protection Bylaw.  Banner MOVED to issue an amended Order of Conditions to incorporate the proposed plan revisions for the garage and driveway locations and the grade changes only, as indicated on the plans titled: Site & sewage plan 75 Old County Road and dated:  3/18/02, as Revised 8/12/02, 9/30/02 and changes for the house, garage & driveway as shown on the plan of the same name as Revised 12/3/02, SECONDED by Page, and CARRIED 5-0.

-       5:45 Donald M. & Esther Robbins, NOI, 480 Old Wharf Road, Map 35, Lot21:   This is a simultaneous hearing for 2 Notice of Intents (DEP File # SE 77-968 and DEP File # SE 77-969).  The former is an after-the-fact filing for cutting vegetation in the Buffer Zone to a Salt Marsh.  The latter is for mitigation and replanting.  Both NOIs reference the same plan. Ben Zehnder represented the applicant.  The Commission reviewed the revised plans and read the meeting minutes of previous hearings on this issue.  Alison Palmer took issue with the delineation of the ACEC and the wetland resource areas (WRAs) as shown on the plans, noting that there are additional WRAs in the vicinity of Lots 21 & 22.  The Commission agreed that the plan did not include all WRAs.  Palmer indicated that the Commission had required that the WRAs be delineated on all of the properties show on the plan so that there would be a record of them and so that further cutting violations would not occur in the future.  Banner stated that the exact delineations were not critical for these NOIs and that the commission could instead notify the owners of Lots 21 & 22 that if, in the future, they plan to do any cutting or work on the property that they will be required to file a Notice of Intent or Request for Detemination of Applicability.  Banner MOVED to accept the plan titled: Site Plan: 480 Old Wharf Road, Wellfleet, MA and dated 8/2/02, Rev. 9/16/02, for both filings with conditions on both, indicating that this Order does not confirm the WRA delineations as shown on the plan and that such cutting in the future shall require the filing of a Notice of Intent or a Request for Determination of Applicability.  SECONDED by Dolan and CARRIED 5-0.  Supervisor: Cyndi Moe.

-       6:00 Larry Peters, NOI, Coors Way, Map 13, Parcel 153:.  Proposed 3 bedroom single-family dwelling within the Buffer Zone to a BVW.  Matt Farrell represented the applicant.  Banner MOVED to accept the plan titled: Site and Sewage Disposal System Plan Parcel 153, Coors Way, Wellfleet, MA 02667 and dated 12/03/02:  subject to the following conditions:  SECONDED by Page and CARRIED 5-0

-       6:15 Peter Pearson, NOI, Off Bayview Road, Map 35, Lot 212: Bank stabilization with fiber roll, sand drift fence, and re-planting, reconstruction of stairs. Mark Burgess represented the applicant.  Moe indicated that the Coastal Beach was not delineated on the plan.  Burgess described the project as a soft solution, within a V-zone, consisting of fiber rolls wrapped in steel caging and anchored into the bank with steel cables and anchors, a sand drift fence is proposed to be placed in front of the fiber rolls.  Stairs are proposed over the Coastal Bank.  The commission requested additional information including
§       a wildlife habitat evaluation and potential impacts on diamond terrapin habitat by Don Lewis
§        comment from the MA Natural Heritage and Endangered Species Program.  
§       Written permission from all of the property owners granting access over their land for the project shall be obtained prior to construction and will be a condition placed in the Order of Conditions.
Diblasio MOVED to continue the hearing until 2/5/03. SECONDED by Page and CARRIED 5-0.

-       Meeting adjourned at 7:29 P.M.