Date: September 15, 2004
Time: 4:00 PM
Location: Wellfleet Senior Center
Commissioners Present: Edwin Reynolds, Co-Chair, Ginie Page, Paul Banner; Abby Franklin; John DiBlasio, Dottie Dolan, Cyndi Moe
Staff Present: Erik Mitchell, Assistant Conservation Agent, and Christine Bates, Committee Secretary
Meeting called to order at 4:01 P.M. by Co-Chair Edwin Reynolds
Business Meeting:
The Commissioners approved and signed the Conservation Land Acquisition Projects for Rinzler / Fox Island Marsh Conservation Area (Map 29, Parcel 287) and Lt. Island Road, East End Conservation Area (Map 41, Parcel 47.2 (part).
Erik Mitchell reported he visited an enforcement case on Gull Pond. The property in question abuts the Park Services property. The stairway to the pond has been in place over 50 years which is on park land and predates our wetland laws. Park to handle any issues.
Meeting Minutes of August 4 were reviewed with no amendments. Abby Franklin Moved to approve as is; Seconded by John DiBlasio; Passed 6-0.
Barbara Boone of Chequessett Yacht and Country Club, Chet Lay of Slade Associates and Mike Ball of Orsley and Whitten Associates made a presentation to the Commissioners regarding the Herring River Restoration project. They have been working with the National Park Services and the Conservation Agents. A topographical map depicted where the wetlands were located, the proposed new golf holes and the 28 + acres of land which will not be utilized by the golf course. Ms. Boone reported the general membership is happy about the proposed plan, with some concerns regarding flooding. She reported this project would lengthen some of the holes. Mr. Ball stated they would like to utilize 5,000 pounds of fill for the 8th fairway. A meeting is scheduled for September 22 and 23rd regarding the project. There is a model on the web through the National Park which will be updated as the project goes forward.
Abby Franklin expressed her concerns regarding the MOU on the Herring River Restoration project. She moved that the Conservation Commission establish an advisory committee to draft a Memorandum of Understanding between the necessary parties involved in the Herring river Restoration Project. The committee will consist of representatives from the Conservation Commission, Natural Resources Advisory Board, Department of Public Works, Shellfish advisory Committee, a wild area shellfisherman, Tim Smith of Wetland Restoration Program, and Bob Fitzgerald (WRP pro bono lawyer). She moved the Conservation Commission ask the Board of Selectmen to postpone a discussion of the Herring River MOU until a new draft is submitted to them in early December. The Commissioners discussed that this is the starting point
and no timelines are defined as yet. Mitchell recommended the MOU go forward as is. There are several agencies involved in the project now. Banner suggests asking the Selectmen if they have any concerns the Commissioners could help them with. John Reihl from NRAB stated he didn’t feel there was enough information given to the public regarding this project. Mitchell stated there is a planning group in place, and in the last year, there were several informational meetings for the public to attend. Helen Wilson stated she agrees not to postpone the meeting scheduled for October 12 on the project. She suggests members of various boards become involved with those participating in the project.
Public Hearings:
5:00 Town of Wellfleet, NOI, Lt. Island Bridge Inspection. Nick Nikolaou of Environmental Partners represented the Town. Stating there will be soil borings on each end of the bridge. It will take one to two days, using a regular well rig. Abutter notification was not required due to their location of over 1,000 feet. National Heritage had not responded. Dottie Dolan Moved to continue to October 6, 2004; Seconded by Abby Franklin; Passed 6-0.
5:10 Frances Lundblad, 135 3rd Street, Map 40, Parcel 104, NOI: Install new septic system within 100 foot buffer zone. Jason Ellis represented the owners. A site visit was made. The old septic failed; there upgrade is necessary. The location is 77 feet from the well. BOH approved plan. Joanne Garfinkle, an abutter, had concerns about revegetating the area immediately because the winter will erode the vegetation. Mitchell explained our standard conditions which covers revegetating. Ms. Garfinkle asked if the revetment will be maintained and the answer is yes. Ginie Page Moved to approve with conditions; Seconded by Abby Franklin; Passed 6-0.
5:25 Elizabeth Currier, 1065 Chequessett Neck Road, Map 19, Parcel 91: NOI: demolition and reconstruction of single-family dwelling on coastal bank. Representative from Coastal Engineering and Stan Humphrey represented Ms. Currier. The resources and topography of land was explained. Mitchell stated the previous filing identified coastal bank as being bigger and would like more information on the banks. He suggested they remove the “footpath” on the plan. It was explained sand boxes will be utilized to assist the turtles. The house footprint will remain the same. The first floor will be elevated to 12 feet 6 inches. Access to the lower level will be from the inside of the dwelling. Path
will be six feet wide to enable small vehicles access to the site. Vinyl sheeting will be placed along the side of the path to reduce erosion. There will be decks on first and second levels. Existing electricity and water will be moved toward the path area. New sewage will be installed. The dwelling has five bedrooms now and proposed new dwelling will have four. Plans have not gone before the Board of Health. The Commissioners requested Jim O’Connell review the site or CZM. Mitchell stated delineation of the bank needs to be done. The Commissioners raised concern regarding the decks based on local regulations. A vegetation management plan is also required. Dottie Dolan Moved to continue to October 20; Seconded by Paul Banner; Passed 6-0.
6:11 Joanna Fabris, 41 W. Main Street, Map 14, Parcel 137, RDA: Installation of new well. David LaJoie represented Ms. Fabris. John DiBlasio Moved this project is a Negative 3; Seconded by Paul Banner; Passed 6-0.
6:18 Olivia Gardenhour, 115 Holbrook Avenue, Map 20, Parcel 134, NOI: Septic System upgrade within buffer zone. David LaJoie represented Ms. Gardenhour. A site visit was made. He explained the topography of the property, working within the ACEC, Flood Zone, and working closely to existing wells in the area. This case went before the Board of Health and received approval. The Commissioners asked how the project would be accessed. LaJoie stated a small excavator could be lowered to the work zone, or use neighbors yard, or remove the steps and allow the excavator access from that point. Abby Franklin Moved to approve with conditions; Seconded by Dottie Dolan; Passed 6-0.
6:25 Menegay Realty Trust, NOI, 190 Blue Heron Road, Map 41, Parcel 12: Proposed new dwelling (Cont’d from 09/01/04). A request was received to continue to October 6, 2004. Abby Franklin Moved to continue to October 6, 2004; Seconded by John DiBlasio; Passed 6-0.
6:27 Albert Norgeot and Town of Wellfleet Shellfish Dept. , NOI, Kelp restoration project off Great Island (Cont’d from 09/01/04). Norgeot read a letter of September 3, 2004 to Vincent Malkoski and has not received any response. Mitchell reiterated that DEP has not received requested information from Skip Norgeot. He suggested Norgeot get in touch with Jim Mahalla from DEP. Mitchell will also supply the contact at the Army Corp of Engineering and get additional information from DEP. Cyndi Moe Moved to continue to October 20, 2004; Seconded by Dottie Dolan; Passed 6-0.
John DiBlasio Moved to adjourn the meeting at 6:40 pm; Seconded by Cyndi Moe; Passed 6-0.
Respectfully Submitted,
Ed Reynolds, Co-Chair Christine Bates, Committee Secretary
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