WELLFLEET CONSERVATION COMMISSION
MINUTES OF MEETING OF NOVEMBER 19, 2003, 4:00 P.M., SENIOR CENTER
Present: Cyndi Moe, Co-Chair; Edwin Reynolds, Co-Chair; Paul Banner, John DiBlasio, Dorothy Dolan, Abby Franklin, Virginia Page; Erik Mitchell, Assistant Conservation Agent; Birgitta Olson, Clerk.
Regrets: Emily Beebe.
Meeting called to order at 4:05 p.m. under the Wetlands Protection Act & Wellfleet Environmental Protection Bylaw by Chair Cyndi Moe.
Business Meeting.
Conservation Agent's Report.
- Erik Mitchell brought to the attention of Commissioners a MA Coastal Zone Management, Wetlands Restoration Program Request for Responses for restoration of environmentally valuable areas, and proposed that the Commission nominate the Herring River in Wellfleet. If the project is selected as a priority restoration site, the Commission would become eligible for assistance through 6/30/04. Assistance would come in the form of consulting services for the project as a whole and could include services for private landowners as well in the form of delineation of wetland resource areas. Discussion followed. Paul Banner MOVED "that the Conservation
Commission authorize the Assistant Conservation Agent to file with the Massachusetts Coastal Zone Management Wetlands Restoration Program a project nomination for the Herring River." SECONDED by John DiBlasio and CARRIED 7-0.
- Paul Banner MOVED "that the Conservation Commission also authorize the Conservation Agent to file with the same Restoration Program a project nomination for the Mayo Creek. area." SECONDED by Dottie Dolan and CARRIED 7-0.
- DPW Director Mark Vincent was present to discuss a request from Ashley Fawkes-Sylver to have a pedestrian pathway in the Cole's Neck area, which had been donated to the town by M.F. Roach, brushed back for walking. Originally she had asked that it also be cleared for horses, but Town Counsel has advised that it is for pedestrian traffic only. The actual easement ends at Lot 9, but a pathway continues over private property to a cul-de-sac on Peace Valley Road. Mr. Vincent said it will cost his department up to $2500 to do this, and, since he believes that much of the work needs to be done on land abutting a wetland, he would like Commissioners
to make a site inspection with him to see just what can be done.
- There was discussion of the best means to contain cement slurry being cleaned out of trucks on construction sites. Mr. Vincent thought having an official Town site for overpour and subsequent carting away by the Town would be too costly. It was agreed that a special condition should be developed for overpouring on construction sites which would minimize environmental damage.
- Ginie Page asked about shellfish debris deposited at the sandpit. Mr. Vincent said it is already loaded for trucking off. A temporary holding area will be marked to keep such trash from encroaching on the wetland.
- Dottie Dolan noted that Newcomb Hollow beach monitoring is scheduled for 11/23. A group may be emerging among the Seashore Friends to alternate with the Commission on this, but not until January.
- The Minutes of 11/5/03 were approved as amended, as MOVED by Banner, SECONDED by DiBlasio, and CARRIED 7-0.
- The Chair reported on the 11/15 meeting of Town officials and committees concerning goals and objectives for the Town. Conservation Commission goals presented are attached hereto.
- Abby Franklin reported that she had come across a compilation of articles concerning the Herring River Dike issues over the years at the Wellfleet Historical Society.
- Paul Banner praised the 11/8 symposium on the State of Wellfleet Harbor, which had been coordinated by Abby Franklin.
5:00. Maria Burks, Cape Cod National Seashore, NOI, Forrest Road, Map 263, Lot 16: Dyer Pond restoration project. Jon Budreski & Steven Smith of the Seashore reviewed the project, which is concerned with arresting erosion on pond banks and sedimentation into the pond; revegetation of banks; control of foot traffic by installation of wooden treads; and filling the large gully with sand. They requested a blanket Order of Conditions so that similar work can be done on the other side of the pond. The consensus was that a site inspection should be made with Commissioners when they are ready to work on the other side; at that time a determination will be made if Phase 2 requires filing of a new Notice of Intent. Dottie Dolan MOVED "that the Conservation Commission approve the CCNS project for Dyer Pond according
to the plan dated 9/26/03, subject to conditions specified." SECONDED by Abby Franklin and CARRIED 7-0. Conditions were set. Spvsrs: V.Page & A.Franklin.
5:20. Audrey Danforth, NOI, 5 Holbrook Avenue, Map 21, Lot 105:
Septic system upgrade. Matt Farrell presented the plan, noting that repair of the foundation with concrete blocks will have to be done at the same time. They are still working with the Board of Health; it will be up to the State to decide if a tight tank will be required. Commissioners cautioned Ms. Danforth that anything done on this property in the way of building, tree or vegetation cutting, etc. will require filing with the Conservation Commission. Ginie Page MOVED "that the Conservation Commission approve Bennett & O'Reilly Plan #BO03-3698 as revised 10/29/03, subject to conditions specified." SECONDED by Paul Banner and CARRIED 7-0. Conditions were set. Supervisor: Emily Beebe
5:50. Douglas & Judith Sparrow, 90 Pond Avenue, Map 29, Lot 385: Request to amend Order of Conditions re deck footings. Douglas Sparrow said it has been discovered that the footings under the existing concrete piers need to be replaced, and that two additional piers and footings are needed under the deck. Dottie Dolan MOVED "that the Conservation Commission approve the amendment of the Order of Conditions as requested." SECONDED by Ed Reynolds and CARRIED 7-0. Supervisor: Ginie Page.
6:05. Lawrence Franke, NOI, 370 Gull Pond Road, Map 9, Lot 17.2:
Driveway & grading for single family dwelling. The engineer has requested a continuation of the hearing. Former property owner and abutter David Sullivan was present from out of town, stating that he had not been notified that the hearing would not take place and that he had several substantive comments to make. The Chair said that if he could not be present at the continued hearing, he should put his comments in a letter. Dottie Dolan MOVED "that the Conservation Commission continue the hearing to 12/3/03." SECONDED by Paul Banner and CARRIED 7-0.
6:15. David Agger, NOI, off Heron Point Road, Map 44, Lot 178.1:
Replace boathouse piles & cross-bracing, and deck. Abby Franklin recused herself. Alfred Pickard represented the applicant, describing the work to be done to replace and increase by four the pilings under the boathouse and deck, and the replacement of the deck, with all debris to be hand-carried off the beach to a truck parked in the road. A backhoe will have to be brought across the bank to install the pilings. Robert Prescott was present representing Audubon as an abutter; his concerns were preservation of beach plums on the bank and protection of terrapins. Abutter David Mortensen was also present; his concerns were about legitimate ownership of the area, and what use might be made of a shack being improved into a boathouse with deck. He also made complaint about late notification about these proceedings.
Mr. Pickard produced evidence of timely notification of all abutters in the form of certified mail receipts. Mr. Prescott was also concerned about Land Court issues, and wished to talk to Mr. Agger about land between the boathouse and the parking area which has been thought to belong to Audubon but now seems not to, and about the impact of what the Aggers want to do on abutting Audubon land. Mr. Mortensen thought it premature to take any action on the Agger application until outstanding land ownership and use issues have been addressed. Erik Mitchell emphasized that the Conservation Commission does not make determinations in land ownership issues, but only in how projects may or may not impact the public interests in wetland resource areas issues. There was discussion of the following: boathouse having been there for more than 50 years; narrowness of the path over the bank; possible use of a swale further along the beach for access; restrictions re living space and plumbing that
could be put on the boathouse; whether the boathouse should be allowed to remain where it is or not; whether a Chapter 91 license is required; whether a dune walkover structure should be required for the boathouse. It was agreed that the hearing should be continued to await comment from the NHESP, communication should continue between Audubon and the Aggers; and a possible second site inspection together with Audubon. Dottie Dolan MOVED "that the Conservation Commission continue the hearing to December 17, 2003 at 5:00 p.m." SECONDED by Ed Reynolds and CARRIED 7-0.
6:50. D. Allan Brash, NOI, 135 Nauhaught Bluff Road, Map 21,
Lot 9: Replace and enlarge dwelling. Chet Lay said that an Order of Conditions for this project had been issued in 2003, that demolition had been completed and construction begun, but that the Conservation Agent had said the original OOC had expired and a new filing must be made. Nothing more than was originally requested is being sought now. There was discussion of the extensive tree cutting and of substantial erosion near the boathouse. Ed Reynolds MOVED "that the Conservation Commission approve Slade Plan #S513, dated 9/2/00, subject to conditions specified." SECONDED by Abby Franklin and CARRIED 7-0. Original conditions were approved and
new ones added. Supervisors: Ginie Page & John Diblasio.
7:10. Discussion of written public comment submitted re proposed revisions to Regulations supporting Wellfleet Environmental Protection Bylaw. (Continued from 11/5/03.) Comment by Jim O'Connell of Woods Hole Oceanographic Institute and Barnstable County Extension regarding proposed revisions to the Regulations had been reviewed by Commissioners following the closing of the public hearing process. Erik Mitchell went through these comments item by item with the Commission and they were incorporated with minor amendments into the text of the Regulations. Paul Banner MOVED that the Conservation Commission adopt the Regulations as proposed and amended to become effective immediately, SECONDED by Dottie Dolan and CARRIED 7-0.
7:30. Town of Wellfleet & Cape Cod National Seashore, NOI, The Gut, off Chequessett Neck Road: Coastal dune, beach & barrier beach protection & enhancement project, (Continued from 11/5/03.) The DEP file number has been received. Thirty days have passed since receipt of the NOI by NHESP and no comment has been received therefore the project is presumed to have no adverse impact to rare wildlife. Dottie Dolan MOVED "that the Conservation Commission approve the project as presented, subject to conditions specified." SECONDED by Ed Reynolds and CARRIED 7-0. Supervisors: Ed Reynolds and Abby Franklin
7:35. Town of Wellfleet, Wellfleet Herring Warden & Cape Cod National Seashore, NOI: Maintenance & improvement of herring run in Herring River. (Continued from 11/5/03.) The DEP file number has been received. Paul Banner MOVED "that the Conservation Commission approve the project as presented, subject to conditions specified." SECONDED by John DiBlasio and CARRIED 7-0. Conditions had already been set. Supervisors: Virginia Page and Abby Franklin.
Meeting adjourned at 7:40 p.m.
Respectfully submitted,
Birgitta V. Olson _______________________
Committee Secretary Cyndi Moe, Chair
Approved ________
Ave atque Vale
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