Date: May 19, 2004
Time: 4:00 PM
Location: Wellfleet Senior Center
Commissioners Present: Cyndi Moe, Co-Chair, Ed Reynolds, Dorothy Dolan, Paul Banner; Virginia Page; Abby Franklin; John Diblasio
Staff Present: Emily Beebe, Conservation Agent and Christine Bates, Committee Secretary
Meeting called to order at 4:00 P.M. by Co-Chair Ed Reynolds
Business Meeting:
Meeting minutes of May 5, 2004 reviewed with recommendations made. John DiBlasio Moved to accept meeting minutes of May 5, 2004; Seconded by Ginie Page; Passed 7-0.
Emily Beebe stated she made a site visit to the Gilmore property and that the Gilmore’s will have to file another NOI.
Emily Beebe brought a letter to the Commissioners for the Ziering property conservation restriction. Cyndi Moe Moved to send a positive recommendation to the Board of Selectmen for the Ziering property; Seconded by Paul Banner, Passed 7-0.
Paul Banner reported the obituary of Arnold Masters asked that people send donations to the Wellfleet Conservation Commission and asked if it should have read the Wellfleet Conservation Trust. One check has already been received and will be sent to Fred Schulenburg, Attorney, to pass on to the Trust.
Paul Banner submitted a memo he wrote to the Commissioners regarding the functioning of the Conservation Commission. His concerns include the way meetings are conducted, and he appealed to the Commissioners to conduct themselves more professionally. He also had questions on the ACEC. The group briefly discussed the ACEC, and the possibility of amending the bylaw to include the ACEC. The Commission also discussed the process of re-delineating the ACEC boundary, possibly based on the Herring River watershed. The Pleasant Bay Alliance has developed an ACEC management plan for Pleasant Bay. As part of the plan, they have standardized rules on structures such as stairs, docks, etc.
Certification of Compliance: Jim Miller, 246 King Phillip Road, Map 34, Parcel 12. Plan was approved in 1993, reopened in 1998, order issued in 1999 on rock revetment. The “as built” plan indicated that the steps and landing in the wall were not constructed as approved. The Commissioners would like to conduct a site visit before signing off.
Jurisdiction of Opinion: John Knies property requires RDA. Paul Moved to affirm decision. Seconded by John DiBlasio; Passed 7-0.
Cyndi Moe Moved to start the site visits on Wednesdays at 10:00; Seconded by John DiBlasio; Passed 7-0.
Abby asked Emily what the next step was to start the MOU for the Herring River Restoration project. Emily set up a meeting with Rex Peterson to go over the MOU and is also meeting with John Portnoy for further discussion.
Dottie Dolan stated the Conservation Trust made signs to identify the property they control and asked the Commissioners if they would be interested in getting some made up for the price of $1.00 each. Emily stated it may be difficult to justify to Town officials so it will not be pursued.
Emily Beebe stated there would be a Commissioners workshop on the Town’s plant list and guidelines for planting and cutting. This will be held at the next business meeting.
Public Hearings:
5:00 pm Town of Wellfleet, RDA, Bakers Field, Map 20, Parcel 4: Removal of fill, removal of invasive species, replacement of fence. Kevin Cahoon represented the DPW and stated the stockade fence would be removed and replaced. He explained that the phragmites and other native species are up against the fence which create a fire hazard. The vines have killed cherry trees, and the area is infested with poison ivy. Children run into the area to retrieve foul balls. The Commissioners made a site visit on May 19, 2004. Kevin stated the cement will be removed and the new fence will allow a six to eight foot clearance area. There will be no bulldozing. Paul Banner Moved to accept the RDA as a
Negative 3; Seconded by Ginie Page; Passed 7-0.
5:08 pm Town of Wellfleet DPW and 335 Main Street Committee, RDA, Map 14, Parcel 174: Remove and replace fence, removal of invasive species, general clean up of area, establish park area. Moe Barocas and Kevin Cahoon discussed the project with the Commissioners. Kevin stated the stockade fence needs to be taken out with a portion to be reused. DPW will establish a cut zone. Cyndi Moe expressed concern regarding the safety for people along the wetland area. A fence will be installed to address her safety concerns. Abby stated the area is habitat for spade foot toads and putting down gravel may impact their welfare. The Commission recommended utilizing ground cover instead of using gravel. The Fire Chief
had stated in the past he does not need to keep the road open for his fire apparatus. Americorp may help with the clean up activity, and Mid-Cape Home Center may provide some of the fencing. Dottie Dolan Moved to accept the plan as a Negative 3 with the following conditions: Ground cover to be approved by Conservation Department prior to placement, include piece of split rail fence to provide safety at edge of water, and consult with Commission prior to laying gravel. Seconded by Ginie Page, Passed 7-0.
5:22 pm Richard Blakely, RDA, 50 LeCount Hollow Road, Extension of existing shellfish grant. Richard stated his area is 85-F and the access is King Phillip Road to the Landing to Omaha Road. Shell fishing area to be accessed by foot or boat. Ginie Page Moved this is a Negative 2; Seconded by John DiBlasio, Passed 7-0.
5:27 pm Richard and Kathryn Jackman, RDA, 120 Kendrick Ave, Map 20, Parcel 13: Removal of invasive species and install shed. A site visit was made. John DiBlasio Moved to accept plan as a Negative 3 with the following conditions: Storage shed for trash is to remain on applicant’s property located inside fence and shed is to be located twelve (12) feet from property boundary lined up with house. Seconded by Paul Banner; Passed 7-0.
5:30 pm Albert Norgeot and Town of Wellfleet Shellfish Dept, NOI, Kelp restoration project off Great Island. “Skip” Norgeot and Andrew Koch came to the table to discuss project. Skip stated this would be the first kelp restoration program on the East Coast. The project would consist of placing cement tile pipes into a designated area. At the present time, there is some ribbon kelp in the area, but additional broad leaf kelp would be brought in to provide shade. This would create a nursery area for fish and shellfish. Andy stated the area would be designated by buoys in an effort to keep draggers from going through the area. Skip is planning on funding from fisheries grants. He also stated several local
fishermen have volunteers to help get the tiles in place. The kelp would be brought in from the Elizabeth Islands. Skip chose Wellfleet because he knew the area and the history of the waters, and he wants the Town to have control of the project once it is initiated. DEP sent a notice requiring submittal of additional information prior to issuing a file number. Members of the Shellfish Advisory Committee were present to state they feel it was a good idea. Due to additional information that is required from Skip for the DEP, and the Health and Conservation Department, Dottie Dolan Moved to continue the hearing to June 16, Seconded by John DiBlasio, Passed 7-0.
6:00 pm Kathleen Emmons, NOI, 19 Hamblen Farm Road, Map 19, Parcel 13: Septic system and construction of deck. A site visit was made. Jason Ellis represented the family. Property has two small dwellings, each has own well and cess pools. Proposing two new wells with new septic system to be located at high elevation. A proposed deck would be 8’ x 17’ located on main floor. Lower level is a basement. There is one large open room in the cottage. Jason explained that the dark lines on the site plan identifies wetland. A large sand pile located on the property is used for the road as it washes out. The Commission had concerns about the location of the proposed deck. Green cards have
not been received and DEP has not responded with a number. Dottie Dolan Moved to continue the hearing to June 16; Seconded by Ginie Page, Passed 7-0.,
6:15 pm Duck Creek Creative Center, NOI, 95 Commercial Street, Map 21, Lot 128: Reconstruction of timber bulk head (Cont' from May 5, 2004)
1. Performance Standards Narrative and Construction Protocol are incorporated as Special Condition #1.
2. The contractor to notify Health and Conservation Agent of any contamination found on site.
3. Bulkhead and retaining wall work must be completed in one season.
4. The Alternative Analysis dated 04/13/04 are incorporated in this plan as Special Condition #4.
5. Plan Sheets 1 & 2 dated 04/08/04 are incorporated as Special Condition #5.
6. Upon completion of the project, a Certificate of Compliance shall be requested in accordance with General Condition #11, and under the provisions of 310 CM$ 10.05 (9) (d). An “As-Built” plan and a statement from a Registered Professional Engineer certifying compliance with the conditions of this Order shall accompany the request for a Certificate of Compliance.
7. All stockpiled or excavated materials are to be placed on owner’s upland property until its removal to approved offsite disposal.
Dottie Dolan is he Supervisor.
Public Hearings ended at 6:35 pm.
Other Business:
Paul Banner suggested a cover memo be included with all Order of Conditions explaining the process involved with Certificates of Compliance.
Abby Franklin to chair “Hunting in the Park” scheduled for June 16, 2004. A list will be posted with meeting protocol.
The Commissioners discussed Paul Banner’s memo in greater detail. It was agreed all members are to keep focused on cases, with no discussions amongst themselves. Emily provides pertinent information regarding the regulations to the Commissioners and it is their responsibility to inform petitioner what additional information they required.
Cyndi Moved to adjourn the meeting at 6:50 pm; Seconded by Paul Banner, Passed 7-0.
Respectfully Submitted,
__________________________________ _______________________________
Cyndi Moe, Co-Chair Christine Bates, Committee Secretary
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