Date: April 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 4:04 P.M. by Co-Chair Ed Reynolds. Cyndi Moe arrived at 4:06 P.M. to take over the responsibility of chairing the meeting.
Business Meeting:
March 17, 2004 meeting minutes reviewed. Ginie Page Moved to adopt meeting minutes of March 17, 2004 with revisions; Seconded by Abby Franklin; Passed 7-0.
Abby Franklin distributed literature regarding the American eel population. There is a drastic decline in the population, and if there is an opportunity, she recommends we monitor the eels in the Herring River Restoration project in the future.
Abby further stated she had some concerns regarding the conflict of zoning setbacks and the Conservation buffer zone. Emily suggested we send a memo to the Planning Board, asking for a meeting to discuss concerns regarding the conflict.
Emily updated the Commission on an Article on the Town Meeting Warrant for the Sandpit on High Toss Road that specifically asks the town to set it aside for conservation land. The second part of the Article would have given permission to establish a conservation restriction on the land, but was removed because Town Counsel thought it was redundant. The Article is going forward without the CR.
The DEP’s “Mouth of River” project requires feedback from the Commission. Emily will get copies of maps made for all Commissioners. Comments need to be sent by April 30 to DEP. It was decided to work on this project during the business portion of the April 21 meeting.
Emily, Dottie, and Abby attended the meeting on the Herring River Restoration Project involving Chequesset Yacht and Country Club. An estimated $1 ½ million is required for the Golf Course to move three to four fairways to the uplands, and at the same time, restore the lowlands. Several agencies appear to be willing to support this effort. There are approximately 30 acres in the wetland area that would be restored by moving out of the wetland to an area of approximately 35 acres upland. Some of the lowlands might be sold to the Landbank or Conservation Trust. Emily stated that CZM was working on a master plan for the entire restoration project which could support the golf course in getting grants (Federal Coastal grants and/or Fish and Wildlife grants).
Emily reported she met with Nancy Finley from CCNS, the Rosenbergs and their attorney to discuss their private property interests as it pertains to the Herring River restoration project. The family consented to allow Earthtec access to complete an engineering assessment and a survey of the features of their property to determine what engineering options were available to them. Based on the engineering report, the Park will discuss the options and/or solutions with the family to determine what they may want to do.
Dottie reported the Sr. Americorps will work with the Commissioners on beach cleanup up Monday, April 12 at Newcomb Beach.
Emily discussed the O’Reilly’s violation of tree cutting at the O’Reilly’s on Chequesset Neck Road. The Commission to get in touch with them regarding the cutting of trees on the bank, requiring they file a NOI to cover the work performed and include a cutting plan in the resource area and buffer zone.
Emily to send letter to Kratke and Risch regarding failed inspection today on the request for C of C. The letter will address the chink stones on the beach and the need for revegetation on the banks.
Business meeting adjourned at 5:00 pm.
Public Hearings
5:00 Benjamin/Rose, RDA, Extension to an existing grant. The Commission discussed the access with the applicant. The access to Egg Island is by boat or foot only (via Powers Landing). Dottie Dolan Moved this was a Negative 2; Seconded by Paul Banner, Passed 7-0.
5:05 Laud, RDA, 270 East Wind Circle, Map 36, Parcel 227: New Well. Abby Franklin excused herself from the table as an abutter. A site visit was made this morning by the Commissioners. There was a concern about the proximity of a vernal pool with spadefoot toads in the area. Dottie Dolan Moved this is a Negative 3; Seconded by Paul Banner, Passed 6-0. Dottie Moved to approve with the request the Laud’s notify Audubon and the Commission when work commences on the foundation so toads may be moved to another
area; Seconded by Ginie Page, Passed 6-0.
5:10 K. Murphy, NOI, 475 Nellie Road, Map 25, Parcel 19, Installation of Septic System and Well. (Cont’d from 3/17/04) A site visit was made this morning by the Commissioners. It was noted the upgrade was needed since house is for sale. The well and septic are close together and the system will use a fast system with new leach trench. A letter was received from the Park and read to the Commission. DEP assigned SE77-1030. Abby Franklin Moved to approve the Notice of Intent, with the following conditions; Seconded by Ed Banner,
Passed 7-0.
1. Limit of Work must be established on owners property only.
2. Concrete bounds must mark exact boundary (north) prior to work beginning.
3. No clearing of National Park Service property is permitted whatsoever.
4. The contractor shall contact the CCNS South District Rangers in writing and by phone at 508-255-2112 when work commences so work can be monitored.
5. Notes on plan dated 3/11/04 are accepted as Special Condition #5.
6. Septic system must be pumped out every two (2) years.
Ginie Page and Emily Beebe supervisors
5:31 Brown, NOI, 110 Blue Heron Road, Map 42, Parcel 100: New Dwelling (Cont’d from
3/3/04). Tim Brady represented the owners. DEP assigned SE-77-1027. Received letter from Natural Heritage. The septic system is already in place. Tim explained if the house were moved to the west, it would have a greater impact on vegetation and if the driveway were on the left of house, the garage would be lower than the house. There was concern about the concrete boundary markers of the property, and Tim assured Commissioners markers would be placed permanently. After discussion, it was determined the
deck would be moved to the west side of the house. Tim stated his alternative analysis would minimize disturbance to lot and include less grading, etc. John DiBlasio Moved to approve the NOI with revised plans dated 3/25/04, Seconded by Paul Banner, Passed 7-0, with the following conditions:
1. Deck shall be located only on west side of house only.
2. Notes on plans are accepted as Special Condition #2.
3. Alternative Analysis and letter dated March 25, 2004 accepted as Special Condition #3.
4. Septic system shall be pumped every two (2) years as needed.
5. Disturbance in Buffer Zone must be kept below 5000 sq. ft. and an as-built site plan, showing all disturbed areas and calculations of disturbed areas must be submitted for Certificate of Compliance.
6. No cutting in Buffer Zone is allowed without further filing with Conservation Commission.
7. No storage of materials shall be allowed in Buffer Zone. This condition shall be continued in perpetuity.
8. Backfilling of foundation must occur within three (3) weeks of commencement.
9. Special Condition #C-2.
Supervisor: John DiBlasio
R. Back, NOI, 170 Blue Heron Road, Map 41, Parcel 9, Proposed new dwelling (Cont’d
from 3/3/04). Request from engineer to continue to 4/21/04. John DiBlasio Moved to accept request to continue; Seconded by Paul Banner, Passed 7-0.
Menegay Realty Trust, NOI, 190 Blue Heron Road, Map 41, Parcel 12: Proposed new dwelling (Cont’d from 3/3/04). John DiBlasio Moved to accept request to continue;
Seconded by Paul Banner, Passed 7-0.
5:58 McAuliffe, NOI, 40 Way #35 off Briar Lane, proposed new dwelling (Cont’d from 3/3/04)
SE77-1025. New floor plans were submitted depicting relocation of door, removal of hot
tub, and smaller screened porch. The narrative states the existing brush piles will be removed by May 15, 2004. The owners were not aware they could not mow in the side
yard. A discussion took place regarding revegetation, which will include blueberry, beach plum and bayberry, along with grass mix and wildflowers. The existing grass will not
be mowed. Abby Franklin Moved to accept the NOI, with the following conditions;
Seconded by Dottie Dolan; Passed 7-0.
1. Foundation must be poured and back filled within three (3) weeks commencement of construction.
2. A silt fence shall be installed as the limit of work prior to construction.
3. Preconstruction site visit must be scheduled by the builder prior to construction.
4. Total disturbed area on this lot must not exceed 5,000 sq. ft; as proposed at the completion of this project. An as-built plan of construction, and replanting showing all disturbed and reclaimed areas, and the square footage of both must be calculated and shown. The as-built plan must be submitted prior to the issuance of Certificate of Compliance.
5. Construction protocol accepted as Special Condition #5.
6. Narrative and analysis dated 4/7/04 accepted as Special Condition #6.
7. The Conservation Commission reserves the right to impose additional conditions on portions of this project or this site to mitigate any impacts to wetland resource areas resulting from the work permitted.
8. Builder is to receive copy of conditions.
Project Supervisors: Cyndi Moe and Ed Reynolds
Abby Franklin Moved to adjourn meeting at 6:34 pm; Seconded by Ginie Page; Passed 7-0.
Respectfully submitted,
_________________________________
Christine A. Bates Cyndi Moe, Co-Chair Date
Committee Secretary
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