WELLFLEET CONSERVATION COMMISSION
MINUTES OF MEETING OF JULY 2, 2003, 4:00 P.M., SENIOR CENTER
Present: Paul Banner, Co-Chair; Cyndi Moe, Co-Chair;
John DiBlasio, Dorothy Dolan, Virginia Page,
Edwin Reynolds; Emily Beebe, Conservation Agent;
Erik Mitchell, Assistant; Birgitta Olson, Clerk.
Meeting called to order at 4:00 p.m. by Chair Paul Banner.
Business Meeting.
- Alan Platt was present to discuss several matters pertaining
to the Land Bank/Open Space Committee: a walking tour of the
trails mapped by Americorps on July 8th at 2 p.m.; alternatives
to using Land Bank 3% funds for maintenance of the trails;
coordination among the Open Space Committee, the Land Bank
Committee, the Conservation Commission and the Assistant Town
Administrator in efforts to get more grant money for land
purchase; letters to abutters of conservation properties
owned by the Town and the Wellfleet Conservation Trust.
- The Pearson beach stairs, Bayview Avenue, were discussed with
Mark Burgess of Coastal Engineering. Commissioners were
concerned about the massiveness of the structure, and about
work being done after June 1st. Cyndi Moe MOVED "that they be
allowed to finish the stairs and the deck, working only from
above, and allowed to put jute on the coastal bank subject to
the approval of Don Lewis with respect to turtle habitat, with
no further work to be done on the bank until after 10/21/03."
SECONDED by John DiBlasio and CARRIED 6-0.
- It was agreed with great regret to accept Richard Tesson's
resignation. Members will sorely miss his knowledge and
special point of view.
- Commissioners reviewed jurisdictional opinions issued by the
Conservation Agent and the Assistant for work to be done
without a filing, namely removal of a dead tree, Agger property,
81 Way #100, Lieutenant Island; replacement of three wood sheds
at ##2006, 2020 & 2046 Harborside Village, off Kendrick Ave.
MOVED by Moe, SECONDED by Dolan, and CARRIED 6-0.
- Dottie Dolan reported that the federal beach clean-up program
will continue and asked the Commission if it still wants to
participate. Members agreed they did.
- Cyndi Moe, Dottie Dolan and Emily Beebe will meet with Asst.
Town Administrator Rex Peterson to develop a procedure for
managing Town-owned conservation properties. Erik Mitchell
volunteered to look for folders already created.
5:00. Douglas & Judith Sparrow, NOI, 90 Pond Avenue, Map 29, Lot 385: Change in plan, amendment of Order of Conditions. The applicants said the project has been reduced in scope, with the addition eliminated and only the upstairs expansion remaining.
This is within the existing footprint except for the deck.
It was established that abutters had not been notified, and the hearing was continued to 8/6/03 so that this could be done.
MOVED by Dolan, SECONDED by Moe, and CARRIED 6-0.
WELLFLEET CONSERVATION COMMISSION MINUTES 7/2/03 2
5:20. Town of Wellfleet/DPW, NOI, Pavement resurfacing Lieutenant Island Road, Map 41 & Holbrook Avenue, Map 21. Emily Beebe said the paper work is not ready and the hearing should be continued to 7/16/03. MOVED by Dolan, SECONDED by Reynolds, and CARRIED 6-0.
5:35. Mark & Karen Addesso, NOI, 12 Ione Road,Map 28, Lot 57: Alteration of dwelling. (Continued from 6/4/03.) The Chair read the 6/4 Minutes. David Lajoie & Mark Addesso reported that after a ZBA meeting the plan has been changed and all work will be with
the existing structure. Exterior work will include replacing the roof, removing the chimney and reshingling, with the same work limit. Paul Shea, representing abutters, confirmed that the building height and number of bedrooms (4) will remain the same.
It was emphasized that for any change in plan, including tear down and replacement, the applicant will have to come back before the Commission. John DiBlasio MOVED "that the Conservation Commission approve Felco Plan #03037 and the Addesso letter of explanation dated 7/2/03, subject to conditions specified." SECONDED by Dottie Dolan and CARRIED 6-0. Conditions were set. Spvsr: John DiBlasio.
5:50. Irmgard Boriskin, NOI, 101 Commercial Street, Map 21,
Lot 127: Construct garage & septic system; future demolition of restaurant and replacement with dwelling. (Continued from 6/4/03.)
David Lajoie said the proposed main house has been moved out of the 50 foot buffer strip; the applicant has asked for a continuation and for a site visit to inspect the new placement. She is discussing the prior building of the garage with the Building Inspector, and has agreed to removal of the apartment above. Cyndi Moe asked for a clearer definition of the floodplain and resource areas on the plan. Ginie Page MOVED "that the Conservation Commission continue the hearing to 8/6/03, with a site visit to be made on 7/16/03 at c.10:30 p.m." SECONDED by Ed Reynolds and CARRIED 6-0.
6:15. Laurie Holmes & Elba Aviles, NOI, 155 Samoset Road, Map 28, Lot 103: Addition. (Continued from 6/4/03.) / Enforcement Issues.
The Chair read the Minutes of 6/4. David Lajoie presented a revised plan showing the stairs, with the proposed addition raised to at least elevation 14 on concrete piers set on spread footings. They want to fill about 3 feet for looks, with nothing to be stored underneath. The garage and capped foundation will be removed. The septic system has been approved by the Board of Health. Since 1/3rd of the dwelling is in the 50 foot buffer strip, a Variance from local regulations is sought. Ginie Page MOVED "that the Conservation Commission grant a Variance from Section 1.03(10) of Regulations Supporting the Wellfleet Environmental Protection Bylaw for the dwelling." SECONDED by Cyndi Moe and CARRIED 6-0. Extra vegetation will be planted at the northeast corner of the property in mitigation. Ed Reynolds MOVED "that the Conservation Commission approve Felco Site & Sewage Plan #03019, as revised 7/2/03, subject to conditions specified."
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SECONDED by Dottie Dolan and CARRIED 6-0. Conditions were set. Supervisor: Paul Banner.
Holmes/Aviles, continued: Enforcement Issues.
Issues discussed were unauthorized stone steps in the revetment; unauthorized wooden stairs on the coastal bank, and wooden platform and walkway in the buffer strip; and the condition of the beach after construction of the revetment. Laurie Holmes had submitted a letter dated 7/1/03 explaining how and why these things had come about. She said they now understand why they should not have been undertaken without a filing with the Commission. Emily Beebe suggested separating the revetment steps, beach clean-up and the wooden stairs and walkway on the coastal bank and in the buffer strip by rescinding the original Enforcement Order and issuing two separate Orders since they will have different time frames. The revetment steps can be handled by a request for an amended Order of Conditions. Dottie Dolan MOVED "that
the Conservation Commission rescind the Enforcement Order issued 6/18/03." SECONDED by John DiBlasio and CARRIED 6-0. There was discussion of the walkways, platform and beach stairs. Laurie Holmes said that when the regulations governing such construction were called to their attention, they had reduced the walkway to a 4-foot width and elevated both walkway and stairs. She said they had installed the walkway to prevent further wearing of paths through the yard and further erosion on the bank, and that already beach grass is beginning to grow underneath them. She had no idea that steps would make any difference in the over all revetment plan. Commissioners were doubtful that such steps would have been allowed, given the public beach access nearby and the impact on the coastal bank of connecting stairs. They noted that a Variance would be required for any walkway through the buffer strip, and that a platform for seating would never be allowed there. Emily
Beebe said that she had ordered all work to stop until a filing had been made with the Commission and a Building Permit issued. Ms. Holmes asked that the Commission leave the walkway, which may be approved in the end. Commissioners were not agreeable to this. Dottie Dolan MOVED "(1) that an Enforcement Order be issued for removal of the wooden stairs, platform and walkway within seven days of the receipt of the Order; (2) that an Enforcement Order be issued to E-Z-DOZE IT by the Conservation Agent for immediate clean-up of the beach; and that a Request for Amendment of the Order of Conditions to include the revetment steps be filed by the property owners." SECONDED by John DiBlasio and CARRIED 6-0.
7:15. McCann, NOI, 15 Spruce Street, Map 35, Lot 161: Septic system upgrade. It was noted that this project has the DEP File number of SE 77-1000. Matt Farrell presented the plan, which has been slightly revised after meeting with the Board of Health to include a FAST alternative system component. The site is 76 feet back from the bank, and well over 100 feet from the salt marsh. John DiBlasio MOVED "that the Conservation Commission approve Bennett & O'Reilly Plan #BO03672, as revised 6/26/03, subject to
WELLFLEET CONSERVATION COMMISSIION MINUTES 7/2/03 4
conditions specified." SECONDED by Ginie Page and CARRIED 6-0. Conditions were set. Supervisor: Erik Mitchell.
7:25. DuBeau, 40 Richman Lane, Map 21, Lot 29: Addition & septic system upgrade; driveway extension. Matt Farrell presented the plan, noting that the site is within 100 feet of a coastal bank, with the addition proposed for the north side. the well is off-site with a deeded right of use. Ginie Page MOVED "that the Conservation Commission approve Bennett & O'Reilly Plan BO023613, dated 6/11/03, subject to conditions specified." SECONDED by John DiBlasio and CARRIED 6-0. Conditions were set. Spvsr: Ed Reynolds.
Other Business / Reorganization & Election of Officers.
- Dottie Dolan MOVED "that the Conservation Commission re-elect
Cyndi Moe as Co-Chair for a second year." SECONDED by John
DiBlasio and CARRIED 5-0-1.
- Dottie Dolan MOVED "that the Conservation Commission elect
Ed Reynolds as Co-Chair." SECONDED by John DiBlasio and
CARRIED 5-0-1.
- Cyndi Moe MOVED "that the Conservation Commission re-elect
Virginia Page as Secretary." SECONDED by Dottie Dolan and
CARRIED 5-0-1.
Meeting adjourned at 7:45 p.m.
Respectfully submitted,
Birgitta V. Olson
Committee Secretary
_______________________
Paul H. Banner, Chair
Approved 7/16/03
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