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Conse Comm Minutes 10/20/04
Date:           October 20, 2004
Time:           4:00 PM
Location:       Wellfleet Senior Center

Commissioners Present:  Ginie Page, Co-Chair, Paul Banner, Abby Franklin, Dottie Dolan, Cyndi Moe and John DiBlasio

Regrets:   Edwin Reynolds, Co-Chair

Staff Present:  Emily Beebe, Conservation Agent, and Christine Bates, Committee Secretary

Meeting called to order at 4:11 P.M. by Co-Chair Ginie Page.  

Business Meeting:

The meeting minutes of October 6, 2004 were reviewed with recommended amendments.  The Board will review meeting minutes of August 18, 2004, September 1, 2004 and September 15, 2004 and address at the next meeting.  

A discussion took place regarding a quorum for a hearing.  New regulations state the Commissioners absent from a meeting will not participate in a continuance on that subject.  

The Commission discussed the Danforth property, noting fill has been placed in the wetland area.  Ms. Beebe told the Commission Danforth is prohibited from using the property until the new septic system is installed.  The Court gave a deadline of May 2005 for the installation.   The Conservation Agent will be  documenting the use of the dwelling over the next month.  Cyndi Moe stated the Commissioners met at the Danforth property the last week in September and held a meeting due to the Enforcement Order presented to Ms. Danforth.   Danforth was given permission to plant trees in a specified area.  Mulch was removed from the driveway to the wetland area.   Ms. Danforth was to submit a separate NOI for the work being done on the property and a second NOI for the porch and stairway.  

Abby Franklin asked the Commissioners if they would like to meet the following week to discuss the Herring River Restoration Project.  She handed out copies of the public comments submitted to the Board of Selectmen.  Ms. Beebe restated to the Commissioners that the Selectmen need to support the project.  When the Park and the Board of Selectment agree on the MOU, they will submit an NOI.  The Rosenberg’s have a concern that no one has studied the fresh water habitat which was created from the tide gate.  Erik Mitchell had reported at the last meeting some of the parties interested in funding the golf course improvements might need some reassurance before they would release any funding.  Ms. Beebe recommended we ask the Selectmen to write a letter directed to Fish and Wildlife.  Beebe will discuss with Rex Peterson.  

It was reported the trail guides are being distributed by the Open Space Committee.  Commissioners will ask for copies.  

Ms. Franklin distributed the agenda for the Second Annual “State of Wellfleet Harbor Conference”.   Ms. Franklin also volunteered to review mail for the Committee.

Paul Banner stated the Comprehensive Planning Committee will be meeting on November 9 and requested input from the Committee as to what they would like included in the plan.  

Public Hearings:

5:05 – Tim Dickey, RDA, 975 Chequessett Neck Road, Map 19, Parcel 96:  Repair existing dune stairs.  A site visit was made.  Cyndi Moe stated an NOI should have been submitted due to the amount of work that needs to be done on this project.  She feels abutters should be notified of the work because of the sensitive location of the project and that it would fall under Chapter 91.  Additional work may be done on timbers which are in need of repair.  Cyndi Moe Moved to find the RDA a Positive 3 which requires an NOI be submitted; Seconded by John DiBlasio; Passed 4-2.

5:14    Kevin Thomas and Andrea Pluhar, RDA:  160 Briar Lane, Map 13, Parcel 112:  Build a retaining wall.  Abby Franklin recused herself.  A Site visit was made.  The work area is in the buffer zone.   Applicants stated they will be using landscape timbers to build up the wall.  The existing stairs will be cut in half to come out on the grade.  Ms. Pluhar stated they plan on making a patio at the bottom of the wall.  Cyndi Moe Moved to find the RDA a Negative 3; Seconded by Paul Banner; Passed 5-0.
           Ernest E. Tesson, abutter, stated he has no objection of the project, but states the applicants imply they own property which is not theirs.  Nellie dePinto, abutter, stated they did not locate vents in the proper place for the septic system.  John DiBlasio will be the supervisor for the retaining wall project.

5:24    Town of Wellfleet, RDA, Lt. Island Bridge Maintenance (Cont’d from 10/06/04).  Paul Banner Moved to continue indefinitely; Seconded by Dottie Dolan; Passed 6-0.

5:25    Elizabeth Currier, NOI, 1065 Chequessett Neck Road, Map 19, Parcel 91:  Reconstruction of dwelling (Cont’d from 09/15/04).  Representatives from Coastal Engineering provided changes in the plans.  The plans showed an extension of the transects, revisions to the coastal bank delineation.  The lower deck lines are pulled back to 6 feet which will square up the building.  The upper deck will be reduced in size.  There will be no decks on the ground level.  There will be no access on the left side of the house.  Cyndi Moe questioned the cart path.  The letter received from Fish and Wildlife stated there would be negative impact on wildlife (particularly the diamond back terrapin turtles).  The revised plans show the sheeting will be placed in an alternating pattern on the path to allow the turtles passage.  A demonstration was given of the materials to be used.  No heavy equipment will be brought on the pathway.  DiBlasio expressed concern about the decking.  The decks will be supported by the building on the northwest side of the house; west side deck will be cantilevered.  Further discussion took place regarding the habitat area.  Bob Prescott stated turtles can nest in any sandy area, and the hatches take place from Labor Day to mid October.  He stated they will not nest in vegetated areas.    Cyndi Moe Moved to continue this hearing to November 17 in order to receive additional information from Jim O’Connell; Seconded by Abby Franklin, Passed 6-0.

5:50    Kerry and Alicia Mitchell, NOI, 50 Cypress St., Map 36, Parcel 62:  Addition to existing dwelling within buffer zone and installation of new well.  David Lajoie provided a new plan with proposed new site for the well.  The bulk of the retaining wall will stay, most of the steps will be removed.  There will be a poured concrete cellar and two stories added.   It was noted the estimated altered area will be 3835 square feet with an additional  290 square feet of enhanced vegetation.    No DEP number is required for this project.  Beebe noted the mitigation area matches the altered area.  The driveway will remain the same.  Dottie Dolan Moved to approve the NOI with conditions; Seconded by Abby  Franklin, Passed 6-0.

6:10    Albert Norgeot and Town of Wellfleet Shellfish Dept., NOI, Kelp restoration project off Great Island (Cont’d from Sept. 1, 2004).  Discussion took place regarding the coordination of DEP and the Division of  Fisheries, and the Army Corp of Engineering.     Norgeot stated he had filled out all the requested forms.  Beebe stated she would get in touch with Jim Mahala of DEP to try and get a number.  Norgeot has sent all materials to Woods Hole for their awareness.  Cyndi Moe Moved to continue to November 17, Seconded by John DiBlasio; Passed 6-0.

6:17    Audrey Danforth, NOI, 5 Holbrook Ave., Map 21, Lot 105:  Proposed addition to add staircase and porch.  Ms. Danforth requested a continuance.  Alfred Pickard, abutter, stated she has cut trees down on his property.  The Conservation Commission requires her to have property surveyed and staked at property lines.  The Commissioners told Danforth what she could cut down on her property and that she would have to add the cuttings and plantings to a separate NOI.  Cyndi Moe Moved to continue her hearing indefinitely; Seconded by Abby Franklin; Passed 6-0.

Other Business:

Helen Miranda Wilson discussed the Lt. Island Bridge vote with the Commissioners.  

Abby Franklin Moved to adjourn the meeting at 7:10 pm; Seconded by John DiBlasio; Passed 6-0.

Respectfully Submitted,



Ginie Page, Co-Chair                                    Christine Bates, Committee Secretary