Date: January 7, 2004
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: Emily Beebe, Conservation Agent, Christine Bates, Committee Secretary
Meeting called to order at 4:10 P.M. under the Massachusetts Wetlands Protection Act and the Wellfleet Environmental Protection Bylaw by Chair Ed Reynolds.
Business Meeting:
· Certificates of Compliance:
· Robert and Marion Eisinger, 60 Indian Neck Road, Map 028 Parcel 049, File SE 77-937, New foundation for existing dwelling. Site Inspection took place on December 31. Paul Banner Moved we issue the Certificate of Compliance. Dottie Dolan Seconded and Passed 7-0.
· Charles and Margaret Cutler,160 Valley Road, Map 9 Parcel 613, File SE 77-913, Replace concrete patio and wood deck. Site Inspection took place on December 31, found everything ok. Ginie. Page Moved to approve the Certificate of Compliance. John DiBlasio Seconded and Passed 7-0.
· Warren Rosen, 425 Lieutenant Island Road, Map 41 Parcel 110, SE 77-901. Request for extension for additions and septic system upgrade. Paul Banner Moved to approve the Request for Extension. Dottie Dolan Seconded and Passed 7-0. It was added that this would be a two year extension. Paul Banner Moved to accept the amendment of a two year extension, Seconded by Dottie Dolan, Passed 7-0.
· Jurisdictional Opinion(s):
Donald Fanger of Bartlett Tree Experts requested to remove limbs and debris from storm damage at Old Wharf Road.. He will prune and clean up area. Cyndi Moe Moved to approve the JO, Seconded by John DiBlasio, and Passed 7-0.
· Other Business:
Dottie Dolan stated she met with two Senior Americorp representatives about beach monitoring and stated they will help us. She also reported that she attended an Open Space Landbank Committee meeting. The sand pit was discussed and action is taking place. The Open Space Committee will be printing trail guides. Dottie will ask where they will place them. Dottie Dolan asked the committee if anyone would like to receive the agenda and meeting minutes on e-mail for the Open Space Committee meetings. Everyone but Paul said they would.
Helen Miranda Wilson suggested a planning meeting with the Department of Public Works with the Conservation Commission. She is concerned about some clearing which has taken place on Chequessett Neck Road. Emily Beebe stated we need to find out if the road from the trailer park onto the road is an Old Historic Road. It looks like a trail now. A question was asked if there is a drainage problem. Emily Beebe stated she and Erik Mitchell visited the site and it appears nothing new has been done.
The Gilmore property behind the Mobile Gas station was discussed. It appears the owner has been transferring fuel on the property. The Fire Department has been notified to see if any restrictions can be put in place. There are erosion control issues, and the fence requires repair. There is concern this is a safety hazard. Emily Beebe stated Mobile representatives may get involved if the issues are not addressed by the owner.
Ginie Page stated she is concerned about dogs being let out of vehicles on the docks and piers. There is an accumulation of dog droppings. Emily Beebe suggested we write a letter to Mike Flanagan requesting signs be placed in the area, and copying Tim Smith and Tracey DiMarco.
It was announced there will be a Public Meeting on February 9 at 5:00 pm in the Senior Center for an update on the Herring River. Emily Beebe suggested the Conservation Commission convene the meeting, and have the invited agencies make presentations. This meeting will be posted at Town Hall.
There will be a site visit on January 13, starting at 10:00 am at the Herring River with the Selectmen and other interested parties. People are to meet at the Town Hall Meeting Room (basement). This will be posted at Town Hall.
PUBLIC HEARINGS:
· 5:00 – David Agger, NOI, off Heron Point Road, Map 41, Lot 178.1, Replace Boathouse Pilings.
(Ms. Abby Franklin left the table) Alfred Pickard represented the owners. He stated the NHESP sent back a report stating there would be no adverse impact on rare wildlife, and DEP issued file number. Bob Prescott of the Audubon Society stated he feels there is an alternative way to get to the site since there appears to be an issue with the access to the property. Emily Beebe stated that it appeared that the Agger’s had a right to access their property from Heron Point Road and suggested that Don Lewis review the property prior to start of construction. Mr. Pickard stated the existing road is outside of the road layout, but that his proposal was to access the property from Heron Point Road. He stated that he talked to all the appropriate parties in July.
John DiBlasio Moved that the Aggers access their own land as proposed and the Commission approve the project with conditions. Cyndi Moe Seconded and Passed 6-0. The following conditions will apply:
1. All debris to be hand-carried off the beach
2. Preconstruction site visit shall be arranged by contractor prior to construction
3. Chapter 91 licensing must be investigated prior to issuance of Certificate of Compliance
4. ACQ or approved other wood materials shall be used
5. No plumbing is proposed
The supervisor for this case is Cyndi Moe.
· 5:15 – Robert Pyles, NOI,196 Bayberry Lane, Map 41 Parcel 123 and 124: Septic System Upgrade (Continued from 12/3/03) Minutes of the December 3 meeting were reviewed. Natural Heritage and Endangered Species Program (NHESP) determined this project will not adversely affect the actual habitat of a state-protected rare wildlife species. Cyndi Moe Moved for approval of Dr. and Mrs. Robert T. Pyles Sewage Disposal System, Job Number BO98-1970 dated 11/12/03, with the following conditions:
1. General Notes and Construction Notes as noted on plan are hereby incorporated into the Order of Conditions as Special Condition #1.
2. Silt fence shall be installed as the limit of work.
Dottie Dolan Seconded and Passed 7-0.
· 5:30 – Frederick Willecke, NOI, 1694 State Highway, Route 6, Map 30 Parcel 84.1: New Dwelling (Continued from 12/3/03). Meeting minutes were read from the December 3, 2003 meeting. Dottie Dolan Moved to approve with the following conditions:
1. There will be construction protocol as submitted
2. Concrete over-pour must be removed from the site
3. Preconstruction must be called in by Engineer prior to beginning of any construction
Seconded by John DiBlasio and Passed 7-0. Supervisor will be Dottie Dolan.
· 5:30 - Morton Keller, RDA, 855 Chequessett Neck Road, Map 19 Parcel 104: Enclose entry, remove decking and add landing: Tim Dickey, Builder came to the table to represent Mr. Keller. A site visit was made on January 7, 2004. A revised site plan dated 12/15/03 was handed out to commission (note: on official revised plan, approved signature needs to be removed). Mr. Dickey stated the plans match (within one foot). This represents an extension of entryway. The commission recommended the builder discuss the use of natural fertilizers with the owners of which he agreed to do so. John DiBlasio Moved “that
the Conservation Commission make a Negative Determination (#3) “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, subject to the following conditions (none). Seconded by Paul Banner and Passed 7-0.
· 5:40 – Virginia Parker, RDA, 160 Cottontail Road, Map 29, Parcel 75: Septic System upgrade.
Matt Farrell represented Ms. Parker. He stated he will be upgrading the septic system to a
Title 5. The system will be 100 feet away from a private well. The resource area is an isolated fresh wetland. The proposed leach field will be approximately 80 feet from the resource area. It was noted this had not gone before the Board of Health. The cesspool will be pumped and removed.
John DiBlasio Moved “that the Conservation Commission make a Negative Determination (#3) “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, subject to the following conditions (none noted).
Seconded by Cyndi Moe and Passed 7-0.
1. 5:50 - Thomas Adams, NOI, Lot 29, Route 6, Map 36 Lot 262.1: Construction of single family home (continued from 12/3/03): Mr. Adams represented himself. A copy of revised plan dated December 29, 2003 was distributed to commission members, which changed elevations around the foundation. Ginie Page stated she had concerns with the pavement in the parking area. Mr. Adams stated he feels asphalt should be utilized due to oil spillage from vehicles. The parking area is out of the buffer zone, and drainage will be put in. Dottie Dolan Moved to approve Plan Site Sewage Treatment and Disposal System for Thomas
Adams, Job No. 8998, received on December 29, 2003 with the following conditions:
1. Construction notes as noted on plan
2. Construction protocol as submitted
3. Preconstruction site visit shall be called by property owner prior to start of construction between building and commission supervisor
4. C2: 310 CMR 10.30 (3) of the Wetland Regulations promulgated under MGL c.131,s.40, requires that no coastal engineered structure, such as a bulkhead, revetment or seawall, shall be permitted on an eroding bank at any time in the future to protect the project allowed in the Order of Condition
5. PS-1: Protection of Resource areas in implementation of the project as well as in design is the responsibility of the property owner through his/her agents.
6. MH3 – All debris is to be contained in a dumpster or covered container and removed as often as necessary
7. Silt fence shall be installed prior to any construction.
This was Seconded by Paul Banner and Passed 7-0.
2. 6:00 – Stevens Realty Trust, NOI, 308 King Phillip Road, Map 34 Parcel 4, File 1013: Replace beach access stairs, construct stone steps in existing revetment. Mark Burgess of Coastal Engineering and Frank Corbin, Arborist attended the meeting. There was discussion regarding the site visit the commission made regarding this property. The commission was confused about where stairs had previously been removed (the plan submitted to the commission was dated 1984). It was pointed out that one set of stairs was removed in 1984. It was noted the Steven’s house was built in the 1960’s and trees were given to
home owners at the time. Now the trees are very tall. Frank proposes removing the trees and putting in native plants (due to the damage done to pruning tall trees). Emily Beebe was concerned about the previous pruning that had taken place at this property and had a copy of the Buffer Zone Policy available for Mr. Corbin. She suggested he develop a five-year plan to included maintenance of trees and shrubs. He was asked to provide a site plan and a list of plants and fertilizers he plans to use. It was noted the NHESP has not commented as of the hearing. John DiBlasio Moved to continue the hearing to February 18, 2004, Seconded by Cyndi Moe and Passed 7-0.
3. 6:25 – Donald Jones, NOI, 100 Aunt Sarah’s Way, Map 42, Parcel 59: Additional to single family house. A Site visit was made. Cyndi Moe asked about the foundation (there appeared to be a window). Mr. Jones explained it is a crawl space. Cyndi Moe asked Mr. Jones to articulate on the proposed activity. He stated the kitchen will be extended and the bathroom moved to another area. No file number had been assigned by DEP. Cyndi Moe Moved to continue until February 4, 2004; Seconded by Paul Banner, Passed 7-0.0
4. 6:35 - Peter Richman, NOI, 130 Catboat Road, Map 41 Parcel 89: Septic System upgrade. A site visit was made. Tim Brady of East Cape Engineering represented the Richman’s. Mr. Brady stated several of the cesspools are in the ground water and proposes a new septic pump chamber at end of the driveway. A septitech processor is proposed. This project needs to go before the Board of Health, asking for a variance to get it farther from the well. The area is level so there will not be much disturbance to the land. Emily Beebe stated they would need to utilize hay bales as the limit of work.
The NHESP has not commented as of the hearing. They are awaiting a file number from DEP. Dottie Dolan Moved to continue the hearing until January 21, Seconded by Ginie Page and Passed 7-0.
5. 6:49 – Jeanne McCord, NOI, 800 Ocean View Drive, Map 17 Parcel 5: Installation of well in buffer zone. It was determined the only location for the well would be placing it coming in from opposite the driveway. Emily Beebe verified all abutters were notified. John DiBlasio Moved that “the Conservation Commission approve Felco, Inc.’s Site and Sewage Plan for Jeanne McCord, Job 03057as revised12/16/03 and make a Negative Determination (# 3): 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, subject to the following conditions (none described). Seconded by Ginie Page and Passed 7-0.
6. 7:00 – Mr. and Mrs. Sidney Greenleaf, NOI, 401 King Phillip Road, Map 35 Parcel 186: Construction of access stairs down coastal bank. Mr. Greenleaf stated no foliage would be cut down, based on the design of the stairs. The stairs will be wide enough for people to pass, with landings. The posts will be hand augured. Whatever earth removed will be tamped back into other holes. There will be no exposed earth. The DEP File Number has not been received, nor has comment from NHESP. Ginie Page Moved to continue the hearing until January 21, 2004. Seconded by John DiBlasio and Passed
7-0.
John DiBlasio Moved to adjourn the meeting, Seconded by Cyndi Moe, Passed 7-0. Meeting adjourned at 7:12 pm.
Respectfully submitted:
Christine A. Bates
Committee Secretary
Cyndi Moe, Co-Chair
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