Date: June 2, 2004
Time: 4:00 PM
Location: Wellfleet Senior Center
Commissioners Present: Ed Reynolds , Co-Chair, Cyndi Moe, Dorothy Dolan, Paul Banner; Virginia Page; Abby Franklin; John Diblasio
Staff Present: Emily Beebe, Conservation Agent; Erik Mitchell, Assistant Conservation Agent, and Christine Bates, Committee Secretary
Meeting called to order at 4:05 P.M. by Co-Chair Cyndi Moe
Business Meeting:
Erik Mitchell reported he received a public meeting notice for June 16 at 10:00 am at the DEP office in Lakeville to revise the rules and regulations regarding the 100 foot buffer zone. On a state-wide basis, an RDA is only applicable for the first 50 feet. Information is available on the web DEP website.
Erik read a letter of support he composed on behalf of the Commission addressed to Julie Keene of the Massachusetts Office of Coastal Zone Management regarding the storm water remediation project at the marina. Ginie Moved to approve sending the letter, Seconded by Dottie Dolan, Passed 7-0.
Erik distributed the draft of the approved planting list which contains both the common name and the scientific name of invasive and indigenous plants. There was discussion identifying the plants and the Commission made recommendations. It was agreed the plants that cannot be planted in the buffer zone be highlighted in bold letters. The Commissioners also agreed that the term “lawn” needed to be defined in better terms.
Paul reported that the Comprehensive Planning Board asked each Board/Commission to supply a list of items they felt were most important to address. Some of the recommendations from the Commissioners were:
1. Tidal restrictions
2. ACEC
Dottie reported that beach clean up at Newcombs Hollow scheduled for June 7. Ed Reynolds, Cyndi Moe and Dottie Dolan to attend.
Public Hearings:
5:05 Town of Wellfleet / DPW: RDA: Relocate bench at Indian Neck Beach. A site visit was made. At the present time, the bench is buried in sand. John DiBlasio Moved this is a
Negative 3; Seconded by Dottie Dolan; Passed 7-0, with the condition the bench be placed with a view of the Town Harbor.
5:15 Audrey Danforth, 5 Holbrook Ave., Map 21, Parcel 105: RDA: Construct shed. A site visit was made. The Commissioners noted the concrete slab with some decking (already in place) is in the resource area as well as partially located on Town property . Ms. Danforth took down a shed located on the slab several years ago, and received a building permit to rebuild the shed. However, the building permit expired and no Conservation Commission approval was given for the shed. There was discussion regarding the length of time it will take for the replacement of the foundation to the house. Ms. Danforth stated it could be anywhere from two months to three months. She was still getting quotes. Dottie
Moved to find this request a Positive2; Seconded by Ginie; Passed 7-0. The concrete slab shall remain, as it would cause more damage to the resource area to move it, however, Ms. Danforth is to remove the platform no more than 10 days after completion of her foundation and septic project..
5:40 Thomas Latanzi, 25 Crest Ave., Map 35, Parcel 88: RDA: Repair / replace existing decks. A site visit was made. Rich Bryant from Cape Associates represented the petitioners. Rich stated new concrete posts would be installed and rotted wood replaced within the existing decking area. The work will be done by hand so no machinery will be involved. Cyndi noted there is some erosion area located by the shower that could use some plantings to minimize erosion. Paul Moved to approve the RDA as a Negative 3; Seconded by John; Passed 7-0.
5:45 Audrey Danforth, 5 Holbrook Ave., Map 21, Parcel 105: AOOC: Replace Foundation. The Commission noted the original request was for repair of the foundation, new request is for a much larger project by replacing the foundation. The AOOC is also requesting to change the footprint by including an enclosed stairway. Cyndi polled the Commissioners as to their opinion on the proposal, and whether it exceeded the scope of an amended order. The Commissioners unanimously agreed that Ms. Danforth will have to file a new notice for the proposed stairway. Abby Franklin Moved to accept Plans to replace the foundation, A-100, A101, and A-200; Seconded by Dottie; Passed 7-0 with the following
conditions:
1. Storage of materials will be allowed on the platform during construction and must be removed within 10 days of completion of the project.
2. Storage of materials for the foundation project must be stored on the driveway and not in the resource area.
3. All disturbed areas are to be stabilized with jute netting and revegetated with native grasses within 30 days of final grading.
4. Before construction begins, the work limit shall be marked by staked hay bales or siltation fence to control sedimentation and erosion and to prevent possible damage to the resource area. This siltation control shall be maintained during construction and until all disturbed areas are successfully revegetated. Any dewatering to constrict the septic system or foundation must be done using a silt bag or filtered-thru hay bales
and silt fence.
5. At the completion of this project, the property owner must request a Certificate of Compliance from the Conservation Commission in order to lift the Order of Conditions from the deed in Barnstable County.
6. The Conservation Commission reserves the right to impose additional conditions on portions of this project to mitigate any actual or potential impacts resulting from the work permitted.
7. An as-built plan certified by the engineer shall be submitted when requesting a Certificate of Compliance.
8. Structural notes on plans are included as Special Condition #8.
9. Contractor notes on plans are included as Special Condition #9.
Dottie Dolan, Emily Beebe and Erik Mitchell – Supervisors
6:15 Gary Ender, 145 Samoset Ave., Map 28, Lot 104: NOI: Reconstruct seawall, construct access stairs, and landscaping. The applicant had requested this be continued. Dottie Moved to continue this hearing until June 16, 2004; Seconded by Ed; Passed 7-0.
6:16 Kandel Wellfleet Trust, 60 Bay View Ave., Map 35, Parcel 37: NOI: Proposed repairs to beach access stairs and revetment. DEP assigned SE77-1031. Cyndi Moe read the minutes of May 5, 2004. Mark Burgess of Coastal Engineering represented the Kandel’s. He submitted new plans to the Commissioners. He stated there is a written agreement in the deed between Kandels and the Donalds regarding access to the Kandel’s property. There will be a 3 foot square landing on to the stairs. The Commissioners are still concerned about the stairs protrusion on the seaward side. The stairs will be 3 ½ feet wide. The overall plan for the stairway (marked as section AA on plans) is what
is planned with the bottom pitch matching the top pitch. The lowest section of the stairs are removable. Because Mark feels the beach is stable, steel pipes (or like benchmark) will be placed in the stone area at the mean high tide mark and checked in the future. Revetment work will not take place during the seasons the turtles are active. Variance request on Page 2 of the Alternative Analysis will be denied. Ed Moved we deny variance as noted in letter of May 25, 2004, third paragraph, last sentence (2.04 (4d) (ii) grain size (L5) 2.04 (4e) nourishment plan. Seconded by John DiBlasio; Passed 7-0.
Ed Reynolds Moved the acceptance of the NOI; Seconded by Dottie Dolan; Passed 7-0 with the following conditions:
1. An As-build plan is required prior to issuance of a Certificate of Compliance.
2. The applicant’s engineer shall submit a detailed nourishment plan (including benchmarks to trigger renourshment) to the Commission prior to commencement of construction.
3. Plan dated (revised) 5/19/04 accepted as Condition #3, and stairs constructed as shown in Section A-A.
4. Chink stones shall be removed from the beach after construction and after one year has elapsed since completion of the project.
5. Construction Protocol performance standard narrative approved as Condition #5.
6. Applicant is responsible for notifying abutters prior to beginning construction, as required in applicant’s deed.
7. Applicant’s engineer is responsible for scheduling a preconstruction site visit prior to beginning any work.
8. No construction shall occur between the period of April 1 and October 1.
Jurisdictional Opinion
Brad Reichard, 55 Main Street, Map 15, Parcel 123 requested permission for renourishment on his property. Dottie Dolan Moved to accept the request; Seconded by Abby Franklin; Passed 7-0.
Lou Dinger, 140 Fox Island Road, Map 28, Parcel 207 has an emergency situation with no water. Due to their very shallow well, their well driller is requesting to install two 3 foot horizontal screens. Neil Gadwa will do the work. They will be filing an RDA. Dottie Dolan Moved to allow work to be done; Seconded by Abby Franklin, Passed 7-0.
Update on the Alviles property, 155 Samoset Road, Map 28, Parcel 103: Paul Murphy has agreed there will be no Occupancy Certificate issued until the Commission’s enforcement order is satisfied.
The Commissioners put together the following list of concerns for Paul Banner to submit to the Comprehensive Planning Board:
1. Control of Route 6 development.
2. Building roads too close to resource area (200 feet).
3. Comprehensive beach nourishment plan
4. Septic system maintenance plan.
Ed Reynolds Moved to adjourn the meeting at 7:15 pm; Seconded by Abby Franklin, Passed 7-0.
Respectfully Submitted,
Edwin Reynolds, Co-Chair Christine Bates, Committee Secretary
| 
