Date: January 21, 2004
Time: 4:00 PM
Location: Wellfleet Senior Center
Commissioners Present: Cyndi Moe, Co-Chair; Dorothy Dolan, Virginia Page; Abby Franklin; John Diblasio
Regrets: Ed Reynolds, Paul Banner
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 Co-Chair Cyndi Moe.
Business Meeting:
· Meeting Minutes reviewed from November 19, 2003 meeting. Supervisor’s names were added to the following hearings: CC National Seashore, NOI, Forrest Road. Supervisors Ed Reynolds and Abby Franklin; Town of Wellfleet Herring Warden and Cape Cod National Seashore, NOI. Supervisors Virginia Page and Abby Franklin.
Dottie Dolan Moved to accept the November 19, 2003 meeting minutes with the amendments. Seconded by John DiBlasio and Passed 5-0.
· Meeting Minutes reviewed from the December 3, 2003 meeting. Changes to be made to the minutes are: add page numbers and meeting date to each page. Also, change the continuation date of the Adams case from 1/7/03 to 1/7/04. John DiBlasio Moved to accept the December 3, 2003 meeting minutes with adjustments made, Seconded by Dottie Dolan, Passed 5-0
· MISC: Dottie Dolan reported that the seniors participated in beach monitoring. There was a reminder to the Commissioners regarding the Herring River Salt Marsh Restoration meeting scheduled for February 9, 2004 at the Senior Center. Chris Bates to post at Town Hall. Emily Beebe to ask John Portnoy if he would be willing to give the Commissioners some tours of other areas and to ask Henry Lyndon to join us. Erik Mitchell to supply the Commissioners with updated book on regulations and conditions. There was discussion regarding the storm drains on Railroad Avenue and Commercial Street and the repaving to be addressed. Emily
Beebe to follow-up with Erik Mitchell on the Grillo property. Further discussion also took place regarding the Gilmore property behind the Mobile station on Route 6. The Fire Chief is pursuing the issue regarding transfers of oil.
Mr. Don Thimas of South Wellfleet was in the audience and spoke of a project in South Wellfleet where a diked cranberry bog was repaired in 1998. Currently, otters have been burrowing in the area, allowing salt water to get in the cranberry bogs, and he is preparing a filing to do additional repair work.
Public Hearings: Meeting called to order by Cyndi Moe at 5:00 pm
5:00 Town of Wellfleet Fire Department, NOI, off Old Wharf Road, Map 36. Construction of eight inch well. Site visit was performed. Thomas Ferreira of the Fire Department, stated there are wetlands on the other side of the road and they will place bales of straw if needed during installation. All debris will be removed by a dump truck. He stated the drilling of the well and clean up will take place in one day. He described the various techniques for drilling the well, based on the capabilities of the contractors and stated the maximum depth would be 40 feet. David Duff, an abutter, was concerned about the impact on his well if the hydrant wDottie Dolan Moved that the Conservation Commission make a Determination of Applicability, Negative #3, 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 Ginie Page, Passed 5-0.
5:15 Town of Wellfleet Harbor Master, NOI, Map 21, Parcel 114: Marina Expansion. Site visit was performed. Joe Hanlon of Bourne Consulting and Michael Flanagan, Harbormaster attended the meeting. Mr. Hanlon explained that the expansion would be used for transient birthing of larger boats (25’ to 50’ boats), encouraging people to spend up to two weeks in the Harbor. There will be new gas pumps, as well as new sewage pump outs. The 300’ wave attenuator (made of concrete) will provide protection for boats in the event of bad weather. Steel piles will be used with helical anchors (screw anchors) to hold floats in place. The gas pumps will be relocated to allow the staff to better control usage and safety. There are proposed
meetings between Coastal Zone Management and the Army Corps with other agencies to review this project. A MEPA site visit will take place January 23, 2004. A question was asked regarding getting the floats out of the water in the event of severe weather. It was stated it would take approximately four (4) to five (5) hours. The design of the floats make them very portable. The diameter of the pilings will remain the same as is currently used. Dottie Dolan asked about the life span of the materials. Mr. Flanagan stated these would be used on a seasonal basis only, and would be removed each year during the winter months, with the exception of the pilons. Emily Beebe suggested we open this matter up to the public for further discussion. Donna Pickard asked how this will affect the shell fish areas. The Commission agreed other agencies need to be involved in review of this project. Molly Benjamin asked why they are not
expanding on the other side of the pier. Mr. Flanagan responded that the chosen site is a dredged area and under-utilized. Using the other area would limit the size of boats and there would be issues with the boats backing up from the docks. He also noted that boats would pay $40.00 per night for docking privileges. John DiBlasio stated his concern about the cost for pump out and spillage. Mr. Flanagan responded stating the new system will be hand pumped and no spillage will happen. Ms. Beebe stated she was meeting with the Shellfish Advisory Committee on Thursday, January 22 and will bring this issue to their attention. Dottie Dolan Moved to continue the hearing to February 18, 2004 in order to get more information from other agencies; Seconded by Ginie Page, Passed 5-0.
5:40 David Donald, NOI, 66 Bayview Avenue, Map 35, Parcel 38: Request for Amended Order The proposal is to provide for maintenance of the sacrificial dune by renourishing the area between the fence and the bank with sand. The Commissioners need clarification on the amounts of sand, the quality of sand and the times it will be applied. There is also concern if there will be vegetation, and will the sand be located between the two fences or behind the fence. Ginie Page Moved to continue the hearing for clarification on the issues, Seconded by Abby Franklin, Passed 5-0.
5:50 Peter Richman, NOI, 130 Catboat Road, Map 41, Parcel 89: Septic System Upgrade.
(Continued from January 7, 2004) NHESP notification received and project will have no adverse impact; DEP file number received. John DiBlasio Moved to approve with the following conditions: The general notes on the referenced plan are hereby incorporated as Special Condition #1; all areas disturbed during construction shall be revegetated with native species within one growing season, the area above the soil absorption system shall be revegetated with American beach grass. Seconded by Ginie Page, Passed 5-0. Emily Beebe Supervisor
6:10 Sidney Greenleaf, NOI, 401 King Phillip Road, Map 35, Parcel 186: Construction of access stairs down coastal bank. (Continued from January 7, 2004) Received NHESP notification, no adverse impact. It was noted there was a revision to the plan with a “jog” at the bottom of the stairs. Abby Franklin Moved to approve the project with the following conditions: The general notes on the referenced plan are hereby incorporated as Special conditions #1; the Commission accepts the notes on the plan with the revised jog at the bottom of the stairway; the Commission accepts the landing; all work shall conform to the approved plans; should applicant use the terminus of King Phillip Road to stockpile materials, permission must first be granted
from the Wellfleet Board of Selectmen; all debris and stockpiled or excavated materials are to be removed from the site; 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; applicant shall implement and maintain appropriate and adequate erosion control measures throughout the construction project; there shall be no increase in the volume or rate of runoff; and the Commission reserves the right to impose additional conditions on portions of this project or this site to mitigate any actual or potential impacts resulting from the work permitted.
Seconded by Dottie Dolan, Passed 6-0. Paul Banner Supervisor
Abby Franklin Moved to adjourn the meeting; Seconded by Cyndi Moe; Passed 5-0.
Meeting adjourned at 6:25 pm.
Respectfully submitted,
Christine A. Bates, Committee Secretary
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Cynthia Moe, Chair
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