Date: August 4. 2004
Time: 4:00 PM
Location: Wellfleet Senior Center
Commissioners Present: Ginie Page, Co-Chair, Edwin Reynolds, Dorothy Dolan, Paul Banner; Abby Franklin; John Diblasio, Cyndi Moe
Staff Present: Erik Mitchell, Assistant Conservation Agent, and Christine Bates, Committee Secretary
Meeting called to order at 4:03 P.M. by Co-Chair Ginie Page
Certificates of Compliance:
A letter of support to Dr. Vanderschmidt from the Commission regarding Active Living Research Program Grant Proposal (Fleet Feet) was reviewed and revised to mail. Dottie Dolan Moved to approve the support letter with revisions; Seconded By Paul Banner, Passed 7-0.
Paul Banner Moved to go into Executive Session; Seconded by Abby Franklin, Passed 7-0.
4:20 pm – Business Meeting resumed.
The Comprehensive Planning Committee is requesting Boards/Committees/Commissioners to review the 1995 Plan to determine what actions have taken place, what needs to be done, and what can be eliminated from the plan. Paul Banner and Erik Mitchell to review and submit to Rex Peterson.
The revised draft of the MOU (Herring River Saltmarsh Restoration Project) was distributed to Commissioners. Discussion followed regarding the role the National Park will play, who will present to the Selectmen, who will be responsible for the upkeep, etc. Cyndi Moe stated this is strictly a draft at this point and it is an advisory for the Selectmen. Abby Franklin to discuss with Emily Beebe the presentation to the Selectmen. Abby Franklin Moved to send draft of MOU to the Board of Selectmen, with copies to the National Park, Town Counsel, and Tim Smith of the Wetland Restoration Program. . The Commission will then request an Executive Session with the Board of Selectman and other parties to discuss the MOU; Seconded by John DiBlasio; Passed 7-0.
Trail Guide Update: The project is now with the Open Space Committee. Proofs and another quote will be provided before going to print. Any questions, call Janet Dougherty at 508-349-2274.
A Certificate of Compliance for Gorman’s located at 36 Old Pier Road was requested of the Board. Dottie Dolan Moved to approve C of C; Seconded by John DiBlasio; Passed 7-0. (In checking out the folder, it was discovered this was already taken care of on June 24, 2004).
Jurisdictional Opinion:
Paul Banner would like to remove two (2) trees within the 100 foot buffer zone. (Paul Banner recused himself from the table). Cyndi Moe Moved to approve the Jurisdictional Opinion; Seconded by Abby Franklin; Passed 6-0.
June 16, 2004 meeting minutes were reviewed with noted corrections; Cyndi Moe Moved to accept Meeting Minutes of June 16, 2004 with corrections; Seconded by Dottie Dolan;
Passed 7-0.
Christine Bates told the Commissioners they were on the ZBA agenda for August 12, 2004 at 7:00 pm. Abby Franklin Moved to have Erik Mitchell put together information for the meeting; Seconded by Cyndi Moe; Passed 7-0.
Harriet Griesinger, a resident on Old Wharf Road, asked the Commissioners for their advice regarding a fence which extends into a paper road. Erik Mitchell stated the Commissioners do not approve property lines, only impacts to wetland resource areas. The Conservation Commission does not grant any property rights or any exclusive privileges; it does not authorize any injury to private property or invasion of property rights. He suggested she talk with a lawyer regarding her rights.
Public Hearings:
5:05 Charles Rogers, 5 and 15 Springline Drive, Map 13, Parcel 258 and 259, NOI, Construction of Single Family Dwelling. A site visit was made. Richard Lay represented Mr. Rogers. DEP assigned number SE77-1039 for the project. No letter from Natural Heritage had been received. Mr. Lay asked the Commissioners to delete Plan Note #1 referring to the septic tank. He also noted the house has been scaled back to two bedrooms. A new planting plan was handed out at the meeting, noting all of the property is a resource area. A letter was read regarding the large tree in the area of the proposed parking area. This property cannot be sold as two parcels. The 1986 Title 5 septic system is approved for
three bedrooms. Well will be moved to the westerly corner of the proposed house. The spring supplies a source of fresh water to the marshland. Phil Green, an abutter, stated he had no comment. It was noted the proposed dwelling will have downspouts, as does the garage. The catch basin in the road is distributing sediment and road run into the saltmarsh. Erik Mitchell stated he would discuss with DPW to see if this culvert could be included on a list to be upgraded in the future. The current shed on the property will be removed. Cyndi Moe Moved to continue to September 1; Seconded by Ed Reynolds; Passed 7-0.
5:35 Fernando Domenech, 70 School Street, Map 13, Parcel 86, NOI: Addition to dwelling, replace shed, construct retaining wall and walkway. Cyndi Moe recused herself from the table. A site visit was made. Richard Lay represented the Domenech’s. Mr. Lay explained the proposal is for an enclosed porch, addition to deck, cellar area under the deck, and replacement of shed. He explained the foundation for the cellar will be six (6) feet high, and not require excavation. The deck will go 26 feet toward the marsh. Expansion will be a total of 441 square feet. There is no alternative analysis to offer. Machine access will be through the existing driveway. The proposed shed is a
pre-built unit. The owners feel there is no other location on the property than putting it within the 50 foot buffer zone. DEP assigned file number SE-77-1038. The Commissioners had a great concern about the shed being placed in the buffer zone due to the storage of toxic materials. Also of concern was the state of the lawn (appeared to be fertilized). Ed Reynolds concerned about soil removal at the deck area and adding additional concrete. Abby Franklin read the regulations regarding the 50 foot buffer zone. Ed Reynolds Moved to accept plan with conditions; Seconded by Abby Franklin; Passed 7-0. Supervisor: Abby Franklin
6:13 Robert Perryman, 287 Gull Pond Road, Map 8, Parcel 47, RDA, New well and septic. A site visit was made. David Lajoie represented the Perryman’s. The property borders vegetated wetland, flood zone and a creek. The septic system will be upgraded and the well relocated. Mr. Lajoie stated the only excavation will be in the leach area. Ed Reynolds Moved this project as a Negative 3; Seconded by Paul Banner, Passed 7-0.
6:20 Menegay Relaty Trust, 190 Blue Heron Road, NOI, Map 41, Parcel 12: Proposed new dwelling (Cont’d from 7/7/04). David Lajoie requested an additional continuance. Abby Franklin Moved to continue this case to August 18, 2004; Seconded by Dottie Dolan.
6:23 Norma Gilmore, 2675 State Highway, Map 15, Parcel 128, NOI. Reconstruct single family dwelling (Cont’d from 7/21/04). Ms. Gilmore requested a continuance. Abby Franklin Moved to continue to August 18, 2004; Seconded by Dottie Dolan; Passed 7-0.
6:26 Audrey Danforth, 5 Holbrook Ave, Map 21, Parcel 105, NOI, Expand porch in buffer zone (Cont’d from 7/21/04). Ms. Danforth had not completed assembling materials for the Commissioners, requesting a continuance. Abby Franklin Moved to continue to August 18, 2004; Seconded by Cyndi Moe; Passed 7-0.
6:28 Albert Norgeot and Town of Wellfleet Shellfish Dept., NOI, Kelp restoration project off Great Island (Cont’d from 7/21/04). A letter was received from Albert Norgeot to continue this case. Abby Franklin Moved to continue to August 18, 2004; Seconded by Cyndi Moe; Passed 7-0.
Abby Franklin Moved to adjourn the meeting at 6:30 pm; Seconded by Abby Franklin, Passed 7-0.
Respectfully Submitted,
Ginie Page, Co-Chair Christine Bates, Committee Secretary
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