Date: December 3, 2003
Time: 4:00 PM
Location: Wellfleet Senior Center
Commissioners Present: Cyndi Moe, Co-Chair; Ed Reynolds, Co-Chair; Dorothy Dolan, Paul Banner; Virginia Page; Abby Franklin; John Diblasio
Staff Present: Erik Mitchell, Assistant Conservation Agent.
Meeting called to order at 4:00 P.M. by Chair Ed Reynolds.
Business Meeting:
· Andy Koch, the new shellfish constable, met with the Commissioners to introduce himself and discuss issues of common concern. The Commission expressed concern over the presence of some aquaculture gear (netting and rebar) that was left over winter on coastal dunes. Mr. Koch indicated that he is aware of this problem and that it concerns him as well. His department will be instituting a new policy this year of visiting all aquaculture grants in the month of December to record who still has gear out. Those with gear out after December will be required to tag it with their name. If gear is found around the harbor, its removal will be the
responsibility of the owner or the shellfish department will remove and dispose of it. The issue of dogs on grants was discussed briefly. The possible restoration of Herring River was also discussed briefly. Mr. Koch said that he has read the information provided to him about the history of the dike and the problems it has caused. He expressed some concern that the restoration may have some impact on egg island aquaculture. The assistant health & conservation agent asked Mr. Koch to communicate to the commission exactly what concerns he, and others may have, so that they may be addressed. It was noted that according to a hydrodynamic model by Dr. Malcolm Spaulding, the opening of the tidal restriction will not result in flow velocities sufficient to re-suspend bottom sediments. A sediment study is underway below the dike at Herring River to further understand the fate of sediment if the tidal restriction is opened. Additionally,
restoration of the salt marshes above the dike would increase the food available to shellfish and would restore large areas of shellfish habitat.
· Meeting Minutes:
- The meeting minutes for the 11/12/03 meeting were discussed. Mrs. Moe moved that the Commission approve the minutes. Seconded by Mr. Banner and passed 7-0.
- The meeting minutes for the 11/19/03 meeting were discussed. Mr. Reynolds moved that the Commission table the minutes for further review. Seconded by Mr. Banner and passed 7-0.
· The Commission discussed Jan Plaue’s letter to the Board of Selectmen which recommends the subdivision of the sand pit (Map 12, Parcel 224). It was noted that the wetlands on the site are not “in danger of being filled or otherwise altered” as stated in the letter. The DPW has removed aquacultural netting which was being stored in the Buffer Zone at the Conservation Commissions request, and it will not be stored in that area in the future. The Commission also discussed the need for better communication between boards with similar interests as the Conservation Commission. It was noted that the Conservation Commission Act (M.G.L
Ch 40 § 8C) states that the commission “shall seek to co-ordinate the activities of unofficial bodies organized for similar purposes”. Dottie Dolan volunteered to attend the Open Space Committee meetings and also to invite them to meet with the Conservation Commission to improve communication and to discuss the open space committee’s objectives and goals.
· Certificates of Compliance:
- Curley, Stephen & Sarah, 295 Pilgrim Springs Road, Map 29, Parcel 242. DEP file numbers SE 77-204 & SE 77-780. Issued.
- Vulliet, Alain D., 65 Samoset Ave., Map 28 Parcel 116. DEP File Number SE 77-228. Coastal Engineering submitted a request for COC to the Commission for the construction of a seawall at the property above. The Assistant Health & Conservation Agent reported that the site was not vegetated as required by the commission (special condition # 10 from OOC dated 4/19/85.) Mr. Banner moved to deny the issuance of a COC until the site is vegetated as required by the OOC, seconded by Ms. Page and passed 7-0.
· Jurisdictional Opinion(s):
- Richard & Esther Elkin, 100 Cat Boat Road, Map 41, Parcel 87. Replacement of cedar shingles on existing home. All debris will be dispose in a dumpster in the driveway. Ms. Page moved to affirm the agents Jurisdictional Opinion that the work described is not an alteration of an area subject to protection of the WPA or the WEPB pursuant to WCC Policy 2003-1 and may proceed subject to the proceed subject to the conditions of the JO. Seconded by Mr. Banner and passed 7-0.
- Julian Malnak, 490 Old Wharf Road, Map 35 Parcel 20. Removal of vegetation within an area subject to protection of the WEPB to create a view. Ms. Page moved to require a Notice of Intent for the activity described. Seconded by Mr. Diblasio and passed 7-0.
· Other Business:
- The commission discussed the November 19, 2003 letter from MACC regarding the current status of open space protection in the Commonwealth. Mr. Banner moved to write a letter, based on the MACC sample letter, to Governor Romney urging him to use the funds from the Environmental Bond Bill to protect open space. Seconded by Ms. Dolan and passed 7-0.
- Ms. Dolan announced that the Senior Americorps volunteers will be assisting in the beach debris monitoring program in December and will also participate in January.
Public Hearings:
· 5:00 - Draft Rules & Regulations for Lands Under the Care, Custody & Control of the Wellfleet Conservation Commission. The Commission did not receive any public comment for these rules. Ms. Moe moved approval of the Draft Rules & Regulations for Lands Under the Care, Custody & Control of the Wellfleet Conservation Commission. Seconded by Ms. Dolan and passed 7-0.
· 5:15 - Draft Regulations for Hiring Consultants under MGL Ch 44, s. 53G. The Commission did not receive any public comment for these rules. Ms. Moe moved approval of the Regulations for Hiring Consultants under MGL Ch 44, s. 53G. Seconded by Mr. Banner and passed 7-0.
· 5:30 - Leo McNeil, RDA, Lot 19 Rudy’s Way, off Kendrick Avenue, Map 20: Screened porch and deck. The commission discussed the proposed project. Ms. Moe moved that the Commission issue a negative determination #2 indicating that the work described in the Request is within the an area subject to protection (land subject to coastal storm flowage), as defined in the regulations, but will not remove, fill, dredge, or alter that area. Therefore, said work does not require the filing of a Notice of Intent, seconded by Page and passed 7-0.
· 5:45 – Cyril & Dorothy Downs, RAOOC, 46 Sandpiper Hill Road, Map 22, Lot 8: Change in plan for septic system components. Represented by David Lajoie from FELCO Engineering. The work consists of relocating the septic system components. Ms. Moe moved to approve the plan titled Site & Sewage Plan; 46 Sandpiper Hill Road dated 9/29/03 as Revised 11/11/03, Seconded by Ms. Dolan and passed 7-0. Supervisor: Dottie Dolan.
· 6:00 - Harold & Ruth Rauch, NOI, 35 Old Salt Lane, Map 41, Lot 72, septic system upgrade. Ms. Moe recused herself from the hearing. The Commission discussed the project plan. Mr. Rauch agreed that the east driveway did not need to be relocated and instead could terminate at the new retaining wall surrounding the soil absorption system (SAS). Mr. Banner moved to approve the Septic system upgrade plan for 35 Old Salt Lane dated 8/8/03 as revised November 12, 2003, with the following conditions
1. The eastern portion of the driveway shall not be reconstructed and shall terminate at the retaining wall surrounding the SAS. Seconded by Mr. Diblasio and passed 6-0. Supervisor: Emily Beebe, Erik Mitchell
· 6:15 - Frederick Willecke, NOI, 1694 State Highway-Rte. 6, Map 30, Lot 84.1: New Dwelling. The commission discussed the project with David Lajoie of FELCO. Mr. Lajoie indicated that the property owner was seeking approval of the project for sale, and that the new owners may wish to change the plans in the future. He also proposed to erect a fence at the limit of the 50-foot filter strip. The NHESP has not commented as of the hearing. Mr. Banner moved to continue the hearing until 12/17/03. Seconded by Mr. Diblasio and passed 7-0.
· 6:30 - Thomas Adams, NOI, State Highway-Rte. 6, Map 36, Lot 262.1: New Dwelling. Stephanie Sequin of Ryder & Wilcox represented Mr. Adams and presented the project. The project was discussed with the Commission. Mr. Adams requested a continuance to 1/7/03, in order to revise the plan to include a brick walkway from the driveway to the front door. Ms. Moe moved to continue the hearing until 1/7/04, seconded by Mr. Banner and passed 7-0.
· 6:45 - Robert Pyles, NOI, 196 Bayberry Lane, Map 41, Lots 123/124: New Dwelling. The project was presented by John O’Reilly of Bennett & O’Reilly. The commission discussed the project. Mr. Sabbog, an abutter asked about the lot configuration and the prior approval for construction of a home. Mr. O’Reilly explained the history of the site and the ultimate withdrawal of the previously proposed lot-layout. The NHESP has not commented as of the hearing. Ms. Moe moved to continue the hearing until 12/17/03. Seconded by Mr. Banner and passed 7-0. Mr. Diblasio will be the project
supervisor.
· 7:00 – Lawrence Franke, NOI, 370 Gull Pond Road, Map 9, Lot 17.2: Driveway and grading for single family dwelling. David Lajoie of FELCO Engineering represented the applicant and presented the proposed project. The Commission discussed the plans. Mr. Banner moved to approve the site & sewage plan for 370 Gull Pond Road dated 9/3/03 as revised on 11/26/03 subject to the following conditions: Seconded by Mr. Diblasio and passed 7-0. Those conditions are:
1. The Project Narrative, General Notes, and Construction Notes are hereby incorporated into this Order of Conditions as Special Condition #1.
2. Prior to the commencement of any activity, an erosion control barrier (hay bales staked end to end or a siltation fence firmly anchored) shall be placed between the wetlands and Gull Pond Road on the opposite side of the street from the project site. All accumulated sediment shall be removed prior to removal of the barriers. This erosion control barrier shall be maintained during construction. Upon removal of the barrier(s) all disturbed areas shall be re-vegetated.
3. During construction, the portion of Gull Pond Road at the project site shall be swept clean of sediment at the end of each work day.
4. All areas disturbed during construction shall be immediately stabilized against erosion with hay, straw, mulch or erosion control fabric and shall be re-vegetated with appropriate native species within one growing season of project completion.
5. The catch basin and leaching pit are to be inspected & maintained annually.
6. Should the single catch basin and leaching pit be insufficient to handle a normal rainfall event, the Commission shall have the right to require the installation of an additional catch basin and leaching pit.
- Meeting adjourned at 7:30 P.M.
Respectfully submitted,
Erik Mitchell, Assistant Health & Conservation Agent
Cyndi Moe, Co-Chair Ed Reynolds, Co-Chair
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