Date: March 17, 2004
Time: 4:00 PM
Location: Wellfleet Senior Center
Commissioners Present: Cyndi Moe, Co-Chair; Paul Banner; Virginia Page; Abby Franklin,
And John DiBlasio, Dottie Dolan and Ed Reynolds
Staff Present: Emily Beebe, Conservation Agent, Christine Bates, Committee Secretary
Meeting called to order at 4:08 P.M. under the Massachusetts Wetlands Protection Act and the Wellfleet Environmental Protection Bylaw by Co-Chair Ed Reyinolds.
Business Meeting:
· Other Business:
Meeting minutes of 2/18/04 read with amendments to be made. John DiBlasio Moved to approved the meeting minutes as amended; Seconded by Dottie Dolan; Passed 7-0.
Meeting minutes of 3/3/04 read with amendments to be made. Cindy Moe Moved to approved meeting minutes with amendments; Seconded by Abby Franklin; Passed 7-0.
It appears there has been some pruning being done on Chequessset Neck at the O’Reilly property. The conservation agent will check it out and report back to the Commissioners.
It was noted the Water Issues Advisory Committee will be holding two public meetings, one on March 18 at 7:00 pm and the other on March 20 at 10:00 am in the Library.
Helen Purcell came forward with concerns about the Gilmore property. Her concern is the piles of sand from the foundation excavation and the sand washing into the creek. Emily stated the sand has not yet been backfilled against the foundation and that the erosion controls have been set up. She suggested the Commission may want to set up a standard condition allowing only a two week time period to backfill a foundation in sensitive areas, similar to the Gilmore site. Helen also mentioned there are two campers on the property that appear to be lived in. Cyndi Moe informed Helen that the Commission is working on several issues regarding this property, along with the Fire Department, Police Department, Electrical Inspector and others. During discussion, it was decided by the
Commission to add a statement in the conditions about storage of materials in buffer zones and consider a condition addressing backfilling in a timely matter.
Helen Miranda Wilson requested representatives from the Commission attend the meetings scheduled for March 18 and March 20 hosted by the Water Issues Advisory Committee . A draft Master Plan for water has been submitted to DEP; however, the Town has not voted nor accepted it as yet.
Dottie Dolan reported that seniors from Yarmouth monitored Newcomb Beach, depositing the debris at the Police Station for disposal..
The Land Bank Open Space Committee has drafted trail guides of six areas and wants to make 1,000 copies. They need approximately $2,500 to produce the copies to be used for public education. The areas are under the Conservation Commission jurisdiction and the Commission indicated they would be willing to fund the project. Emily stated there is a grant opportunity that covers maps, trails, fire roads, etc. with the deadline being April 14, 2004. Cyndi Moe Moved to allow Emily to submit the grant to Cape Cod Trailways; Seconded by Dottie Dolan; Passed 7-0. Emily will report back on April 7. If grant money is not available, Commission will provide the money, with a limit of $2,500) for the guides.
Paul Banner agreed to represent the local Comprehensive Planning Board which will meet each month.
The Sand Pit discussion that took place at the March 3 meeting was reviewed by the Commission. Cyndi Moe reviewed the presentation made by Jan Plaue. Dottie read an article regarding the Sand Pit. There was discussion regarding whether or not a well would be allowed on the property covered by the proposed conservation restrictions.
Abby Franklin reported she and Dottie attended the MACC conference. DEP is putting together a “mouth of river” definition (where river ends). DEP is requesting questions and comments to be received by April 30. This project will be discussed further at the next meeting.
Emily reported Fred Armstrong will assemble a group of Lt. Island residents to assist Jim O’Connell to gather shoreline erosion data in efforts to put together a renourishment program for the Island.
Helen Miranda Wilson reported that the CZM and Tim Smith will be holding a meeting at Marconi Station on April 1 from 10:00 am to 11:00 am to discuss funding strategies for Chequesset Y & CC golf course relocating several fairways from the floodplain, as part of the Herring River Salt Marsh Restoration project..
Abby Franklin reminded the Commissioners of the Herring party at the Library April 3.
Dottie Dolan stated the Commission has been assigned Easter Weekend (April 8, 9, 10, and 11) for monitoring the beach.
Hearings:
5:03 Town of Wellfleet, AOOC, Beach Administrator, Newcomb Hollow Beach, Map 5, Parcel 8:
The Beach Administrator contacted Emily Beebe and asked for a continuance to April 7 because they needed to have more concise plans. Cyndi Moe Moved to continue until April 7, Seconded by John DiBlasio; Passed 7-0.
Emily presented an application to utilize Town property located at Cannon Hill on Saturday, July 31 from 4:30 – 6:00 pm for a wedding. They anticipated approximately 100 people and would place between ten and fifteen chairs. No food or beverage will be served. Paul Banner Moved to approve with the stipulation they note concern to the Board of Selectmen regarding insurance issues; Seconded by Cyndi Moe; Passed 7-0.
Emily received a letter from Town Counsel stating there will be a stay for six months on the Currier property. The family will make a decision if they want to proceed with case. Erik will get a copy of the DEM deed restrictions and send to Town Counsel and Felco recommending they drop the case.
5:10 Town of Wellfleet Harbor Master, NOI, Map 21, Parcel 114, Marina Expansion (Cont’d from 2/18/04). Minutes of February 18 meeting were read. Mike Flanagan, Harbor Master, stated all comments he has received have been positive (CZM, MEPA, DMF). John DiBlasio questioned if this improvement was really necessary. Mike stated there is public safety at risk with current location of the fuel tanks and a possibility of fires, explosions, injury to pedestrians, and damage to the restaurant building close by the marina. Emily
Beebe stated Truman Henson passed on the following information: With the updated dispensing unit on the dock, if a line ruptured, the person could immediately shut the pump off. With the current location of the fuel pumps, someone would have to run down the docks, run up the gangplank and shut the pump off. The potential for a fire is higher with the current setup. Mike
Flanagan stated there will be a 25 foot buffer zone between fuel pump and boats. Tim Hughes, in the audience, questioned the need for the attenuator as he feels Wellfleet is a safe harbor. There was discussion on the wind velocity in Wellfleet Harbor, as well as the fact that the attenuator will shelter boats and have boats tied up to it. Mike stated twelve moorings will be displaced. He stated they would find them a similar and suitable location to moor. There was discussion about potable water and the source of the water. Helen Miranda Wilson questioned if the attenuator would impede the flushing
or flow of the water. Mike explained that it is will not affect the water because it floats. The former Order of Conditions issued for the repair of the boat ramp, SE77-941, must be amended to address changes in the location of the storm treatment system. Paul Banner Moved to approve the plan as presented with the following conditions; Seconded by Ed Reynolds, Passed 4-3.:
1. No in water silt producing work shall occur from June 15 to September 15 to protect the quahog population.
2. Harbor Master to notify shellfish office in writing six months prior to commencement of project.
3. The relocation of all floats, including attenuator is required, during shellfishing season of October 1 through May 1.
4. All transient berthing floats shall be stored in upland location on the pier.
5. Any area where wave attenuator floats are over wintered in the water must have sufficient depth as to preclude grounding under all tidal conditions in order to protect shellfish habitats.
6. In water storage of floats must not impede access to public fishery.
7. The fuel spill protocol is adopted as special condition #7.
8. The fuel spill protocol must be prominently posted in a visible area in the Harbor Masters Office and all staff must be trained and familiar with the fuel spill protocol.
9. The Conservation 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.
10. The project narrative and notes on the proposed site plan dated November 2003, float layout plan dated August 2003, utilities and plan layout dated November 2003, float cross-section plan dated November 2003 and wave attenuator section plan dated November 2003 shall be accepted as special condition #10.
11. The former Order of Conditions used for the repair to the boat ramp, SE77-941, must be amended to address changes in the location of the storm treatment system.
12. Potable and non-potable water shall be properly posted at the spigots, designating which to be used for wash down of boats.
13. All pressure treated wood used shall be ACQ.
14. A covered dumpster shall be on site during construction, and all waste shall be properly disposed of, and not be disposed in/or allowed to migrate into the resource area.
Abby Franklin and Emily Beebe will supervise.
5:25 Tim Callis, RDA, 100 Main Street, Map 15, Parcel 6: relocate driveway. Mr. Callis stated he wants to move the driveway further east due to safety issues with traffic. He will replant over the existing driveway with privet hedge. Driveway will not be paved. Dottie Dolan Moved this is a Negative 3; Seconded by Ginie Page; Passed 7-0.
5:30 K. Murphy, NOI, 475 Nellie Road, Map 25, Parcel 19, Installation of Septic System and Well: request for continuation. John DiBlasio Moved to continue to 4/7/04; Seconded by Dottie Dolan; Passed 7-0.
5:40 W. Olson, ROI, 194 Old Wharf Road, Map 36, Parcel 20, Septic System Upgrade: withdrawal of request from engineer per Emily Beebe.
5:50 Brad Reichard, NOI, 55 Main Street, Map 15, Parcel 123, Restore brick patio, driveway, fence and revegetate. Mr. Reichard will be redoing the patio, removing gravel from the current driveway to clear an area for plantings, restore pathway to the house, install the fencing, and plant native grasses. DEP assigned Number 77-1029. Dottie Dolan Moved to accept NOI with the conditions: Driveway work (apron) and planting of native shrubs are to be excluded from this NOI, with no use of fertilizers. Any other work intended
projects must come before the Commission, 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 Paul Banner; Passed 7-0. Ed Reynolds to supervise.
6:18 Cape Cod National Seashore, Wireless Road, Assessor’s Map 30: NOI, Replacement of Atlantic White Cedar Swamp Boardwalk. Emily stated she had received a letter from Natural Heritage. Ginie Moved to approve NOI with conditions:
1. No construction material or debris shall be left at worksite
2. All material must be disposed of properly
3. All work limited to previously disturbed areas with the exception of the 65’ boardwalk connection.
4. No trees shall be cut or removed during project.
5. All fuel must be removed from site each day and shall not be stored on site at night.
Dottie Dolan Seconded; Passed 7-0. John DiBlasio will be the supervisor.
Abby Franklin Moved to adjourn the meeting, Seconded by Ginie Page; Passed 7-0. Meeting adjourned at 6:30 pm.
Respectfully submitted,
Christine Bates, Committee Secretary
__________________________________ ____________________
Ed Reynolds, Co-Chair Date
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