Date: May 5, 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. by Co-Chair Cyndi Moe.
Business Meeting:
Certificate of Compliance:
SE 77-180 – Mooney Fuel and Grain, Map 21, Parcel 128, 95 Commercial Street. Order lapsed and work never started for the bulk head. Dottie Dolan Moved to issue Certificate of Compliance, Seconded by John DiBlasio; Passed 6-0.
SE 77-511 – Mooney Fuel and Grain, Map 21, Parcel 128, 95 Commercial Street. Order lapsed and work never started for the leach pit. John DiBlasio Moved to issue Certificate of Compliance; Seconded by Ed Reynolds; Passed 6-0.
SE 77-841 – Mooney Fuel and Grain, Map 21, Parcel 128, 95 Commercial Street. Partially complete with the removal of the oil storage tanks. The bulk head was not completed. Dottie Dolan Moved to issue Partial Certificate of Compliance; Seconded by Ed Reynolds; Passed 6-0.
April 7, 2004 meeting minutes read and accepted with no changes. John DiBlasio Moved to accept April 7, 2004 meeting minutes; Seconded by Abby Franklin; Passed 6-0.
April 21, 2004 meeting minutes read and accepted with no changes. Abby Franklin Moved to accept April 21, 2004 meeting minutes; Seconded by Ed Reynolds; Passed 6-0.
Gordon Peabody, previous Provincetown Conservation Commission Chair, distributed “Hoops and Griddles”, a brief study of the Provincetown Conservation Commission adventure in the Hatches Harbor salt marsh restoration project. He then discussed several issues the Commissioners dealt with, including the importance of involving agencies such as the National Seashore, the Municipal Airport, as well as Elected Officials, and the general public. He stressed the importance of providing education to the public from various sources, and that the Commission acted as the facilitator and not the driving force of this project. A Memorandum of Understanding was created by the Town and the National Seashore for this project.
The MOU quantifies issues with all people involved and sets the rules for resolving potential issues. Emily believes that Wellfleet can use Provincetown’s MOU as a guide tailored to our issues. The Commission discussed development of an MOU for the Herring River Restoration project. Helen Miranda Wilson asked what role the Selectmen will have. Emily stated the Commission will need to meet with the Board of Selectmen to discuss a MOU. It is critical to be clear about the responsibilities of each group involved and that the Commission remain neutral.
Paul Banner arrived at 5:00 pm for the Public Hearings.
Public Hearings:
5:09 Ted and Jeanne Schaefer, RDA, 14 Kendrick Ave, Map 21, Lot 108: Construction of deck. Mr. Schaefer explained to the Commission that he was unable to complete within the timeframe his original NOI filed three years ago. The Commission made a site visit today. In discussing the property, it appeared that the delineation on the site plan was different than what Commissioners saw regarding the wetland boundary. Emily suggested the Schaefer’s have the wetlands property delineated to determine if the work proposed is in the buffer zone. The Commissioners also requested the brush be removed from the wetland area. Ed Reynolds
Moved to continue this hearing until an indefinite date (Schaefer’s traveling); Seconded by Dottie, Passed 5-2.
5:27 Flying Fish Café, RDA, 29 Briar Lane, Map 14, Lot 26: Construction of a deck / walk-in. Kristen McDonald and Sarah Robin, new owners of the Flying Fish Café, and Gordon Peabody spoke to the Commission. Gordon spoke of his concern regarding the wetland and the need for proper runoff control for the roof and driveway, as well as revegetation in the work area. Kristen stated they will be adding another egress and stairs on the same side of the building as the parking lot. Emily stated there is a valid Order of Conditions (SE 77-984) issued in March 2003 for the deck on the back of the building that is not complete as yet. The Commission accepted the plans dated 5/5/04 and ruled it
a Negative 3. Ed Reynolds Moved to accept a Negative 3; Seconded by Abby Franklin; Passed 7-0.
5:41 Duck Creek Creative Center LLC, NOI, 95 Commercial Street, Map 21 Parcel 128: Reconstruction of timber bulkhead and proposed retaining wall. The bulkhead will be replaced on the existing footprint. There are no plans to remove the concrete pad. Ginie inquired if they were going to excavate the land or cut the cables holding up the existing structure. Mark Burgess stated the cables will be cut. The pilings will be removed and sheeting will be installed in the front. A file number had not been received from the DEP. Ginie Page Moved to continue to May 19; Seconded by Abby Franklin; Passed 7-0. Dottie again mentioned her concern of the concrete storage area in respect to being close to the bank and the weight of the
structure.
6:00 Kandel Wellfleet Trust, NOI, 60 Bay View Avenue, Map 35 Parcel 37: Proposed repairs to beach access stairs and revetment. A site visit was made by the Commissioners. Mark Burgess represented the Kandels. DEP assigned SE 77-1031, green cards received. Mark stated the existing stairs are unsafe and the work performed on the stairs would be from the upland. It was noted by the Commissioners that there are excessive chink stones and stone chips on the left side of the revetment and Mark stated it would be cleared up and rearranged. Natural Heritage letter was received, and ACEC was noted on the plan. Emily stated there is a need to have a written agreement about access to the property between the Kandel Trust and
the Donalds. Ginie stated she is concerned with the stairway extending seaward, and was concerned about impacts on the beach. The Commission asked that they remove the landing. Mark responded that the building code for public access recommends a landing every 12 steps. The Commission then asked if the design of the stairway could be changed. Emily stated the Commission requires a renourishment plan which was not submitted as part of the application. Mark argued that the beach there was very stable. Ed Moved for a continuation of this hearing to June 2; Seconded by Ginie; Passed 7-0.
6:29 Gary Ender, NOI, 145 Samoset Ave, Map 28, Lot 104: Replace existing seawall with stone revetment; proposed walkway deck on existing dwelling with proposed beach access walkway, general landscaping. A site visit was made by the Commissioners on this date. Bob Perry and Frank Corbin represented the Ender family. No response has been received from Natural Heritage or DEP. It was noted the house is very close to coastal bank. Discussion took place on decking around the house, and the pathways in the buffer zones. Revetment proposal is to replace zig zag revetment with a stone revetment. The Commission asked if the revetment was stable enough to remain in place and not be replaced. Cyndi
asked if wall and stairs were licensed under Chapter 91. The engineer will look into these two questions. The discussion then turned to the landscaping plan. The Commissioners indicated they needed to see indigenous plants in the 50 foot buffer strip as required by local regulations. Frank Corbin stated that the walkway around the house was changing. Emily then stated all work needs to be clearly identified in the 50 foot and 100 foot buffer zone, plantings and activities need to be quantified. Ginie Moved to continue to June 2, 2004; Seconded by Ed Reynolds; Passed 7-0.
Helen Purcell came before the Commissioners stating her concerns regarding the piles of sand on the Gilmore property. Emily explained the Order of Conditions for that property had expired and the property owner cannot back fill the cellar. Dottie Moved to have the Commission send a letter to Mr. and Mrs. Gilmore advising them they are in violation on the erosion control measures and will be fined; Seconded by John DiBlasio; Passed 7-0.
Dottie expressed concern regarding the meeting room set up and acoustics. The Commission will try a new seating arrangement or a new location for the next meeting.
Abby Moved to adjourn the meeting at 7:36; Seconded by Cyndi; Passed 7-0.
Respectfully submitted,
__________________________________ _______________________________ Christine A. Bates, Committee Secretary Cyndi Moe, Committee Co-Chair
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