Date: April 21, 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; Erik Mitchell, Assistant Conservation Agent, Christine Bates, Committee Secretary
Meeting called to order at 4:10 P.M. by Co-Chair Ed Reynolds.
Business Meeting:
Erik Mitchell was present to discuss the draft version of the Mouth of River Maps provided by the MA DEP for input in their delineation effort. Creeks which are entirely tidal, with no freshwater portions are not considered rivers under the Rivers Protection Act. In coastal rivers, the Riverfront Area begins at the mean high water line and extends 200-feet landward. The riverfront area may overlap one or several other resource areas and the buffer zone. In many instances the mean high water line will lie within a salt marsh. This may make it difficult to determine where the riverfront area begins in relation to a given area, especially along Blackfish Creek, where mean high water may overtop certain areas of salt marsh and overlap an adjacent tidal creek. Perennial rivers are those that
are mapped on the most current USGS topographic maps as a solid blue line. Intermittent streams which flow for only a portion of the year, becoming dry at other times, are not perennial and therefore do not have a Riverfront Area. The Wellfleet Environmental Protection Bylaw does not recognize the Riverfront Area as a resource area. However the most recent changes to the Wellfleet Environmental Protection Regulations incorporate many of the provisions of the MA Wetlands Protection Act Regulations for the Riverfront Area into the regulations for activities proposed within the buffer zone to wetland resource areas, and provides for considerable protection and analysis of alternatives for the work proposed. The Commissioners reviewed the Draft maps and made recommendations. The Commission determined that the delineations for the following rivers were accurate: Silver Spring Brook (Well # 1) & Hatches Creek. (Well # 2). The Commission made
recommendations that the delineation of the mouth of river for Old Spring Creek (Well # 3), and Fresh Brook (Well # 5) should be moved seaward slightly and should extend from the end of the geologic features constraining the rivers. The Commission also recommended that the DEP Draft delineation for Herring River be shifted seaward to the delineation of Herring River used by the MA Division of Marine Fisheries and the Wellfleet Shellfish Department. It was felt that by placing the line in this location it met the criteria set forth by the DEP and created a level of consistency with other agencies and departments. The Commission recommended that the line for Blackfish Creek be moved landward to the seaward side of the culvert at Rte. 6. Abby Franklin moved to accept the
comments as recommended and discussed. Seconded by Dottie Dolan and passed 7-0. Additional discussion about the Riverfront Area will take place at a future time. Response to DEP is due on April 30, 2004.
Nancy Finley came to the table to discuss the hunting issues on the Seashore. The Seashore is being sued by an animal rights group on their hunting programs. The plaintiff stated the demography of the seashore is changing and that the Seashore should revisit the hunting program. The Seashore has received many letters pro and con on hunting and Nancy feels she has not received any input from people who use the park and how hunting has impacted them.
The Park will develop an environmental impact statement that will address alternatives such as 1) no action; 2) discontinue hunting; and 3) allow hunting in some form or fashion at certain times of the year, certain species, etc. The Commissioners were unfamiliar with the Parks hunting program. The Park needs to publicly scope their EIS this June. Emily suggested the Commission host a public hearing as an educational forum. Nancy stated she would like to reach people from Chatham to Provincetown. They have commissioned a social scientist from University of Vermont who will develop a survey, to determine what public opinion is. Cyndi Moved to host the Public Hearing at our last June meeting which would be June 16 at 4:00 pm; Seconded by Ginie Page,
Passed 7-0. One recommendation for the name of the hearing is “National Seashore – Hunting in the Park”.
Public Hearings
5:00 Town of Wellfleet, RDA, E. Commercial St, Map 15, Parcel 109, Install Storm Water Facilities. The location of the work is E. Commercial in proximity to Uncle Tim’s Bridge. They will install solid catch basins draining into leaching basins. The roads will be closed down, DPW will put up hay bales as erosion control measures. It will take approximately 3 days to complete. DPW feels soil is clean, and this project will intercept more of the run off before reaching the marsh. Cyndi Moe Moved to approve as presented as a Negative 2; Seconded by Abby Franklin, Passed 7-0.
5:09 Town of Wellfleet, Amended Order of Conditions, Newcomb Hollow Road, Map 5, Parcel 8. Beach Program Director, Suzanne Grout Thomas, explained that existing eroding conditions require that the asphalt needs to be cut back on the parking lot at Newcomb Hollow Beach area to prevent further underwash from storm surges. This will allow the bank to stabilize. The original plan did not include renourishment, and there is a need to redo stairs once the bank is stabilized. Snow fencing is necessary, which will create a
safe way to get to the beach. DPW will do the work. Dottie Dolan Moved to accept the Amended Order of Conditions, which will include additional conditions; Seconded by John DiBlasio; Passed 7-0.
1. Adoption of memo from Beach Administrator dated April 14, 2004 as Special Condition #1.
2. Renourish bank as necessary with compatible sediments from parking lot adjacent to beach.
3. Remove and replace stairs, platform and benches on an ongoing basis as necessary.
4. Install snow fence as necessary.
5. Develop and implement an aggressive planting program for revegetating the area.
Nancy Finley suggested the paths be zig-zagged down the bank. Due to the continuing work done, Emily suggested the Commission grant an Extension Permit for Orders of Conditions for an additional two (2) years. Dottie Dolan Moved to accept extension; Seconded by Cyndi Moe; Passed 7-0. Dottie Dolan will be the Supervisor.
5:26 Gersten, Allen, RDA, 20 Shelby Lane, Map 28, Parcel 14.2: Remove and Prune trees. David Chalker from Bartlett Tree Experts stated the property is becoming overgrown with locust. He will cut the trees down as low as he can and apply Round Up on the stumps. He is also going to decrease the height of pine species and keep a natural line. He stated he will be working solely on the Gersten property (within the concrete boundaries). Cyndi Moe Moved this as a Negative 3; Seconded by John
DiBlasio; Passed 7-0.
Representatives for R. Back, scheduled for 5:25 pm and Menegay Realty Trust scheduled for 5:35 requested a continuance. Cyndi Moe Moved to continue both cases to May 19, 2004 with the stipulation this will be the last time the Commission is willing to grant a continuance; Seconded by Abby Franklin; Passed 7-0.
Public Hearings complete.
The Commissioners resumed the discussion of the Mouth of the River. For the Herring River, Abby Franklin Moved to extend the mouth of the river line to the parallel banks on the points (Great Island Point as referred to in the shellfish map); Seconded by Dottie Dolan; Passed 7-0.
Abby Franklin Moved to move the line of Blackfish Creek to Route 6 at the culvert; Seconded by Dottie Dolan; Passed 7-0.
Jurisdictional Opinion: David Garrison wants to relocate well which is still in the buffer zone. On April 9 Erik Mitchell made a site visit and stated it will be a shallow well installed with portable equipment.
Paul Banner Moved to approve; Seconded by Dottie Dolan, Passed 7-0.
Certificate of Compliance for SE77-744 (Michael and Jeanne Gilroy): located at 83 Samoset, Site visit made, work completed. Cyndi Moe Moved to approve C of C; Seconded by Ginie Page; Passed 7-0.
Ginie Page had a concern regarding some tree topping and clear cutting in the vicinity of Cove Road. Emily to have Erik do site visit.
Paul Banner stated the Town Conservation Commission was listed as the recipients of donations from an obituary.
John DiBlasio Moved to adjourn the meeting at 6:35; Seconded by Dottie Dolan; Passed 7-0.
Respectfully submitted,
Christine A. Bates, Committee Secretary Ed Reynolds, Committee Co-Chair
| 
