Date: December 15, 2004
Time: 4:00 PM
Location: Wellfleet Senior Center
Commissioners Present: Edwin Reynolds, Co-Chair, Ginie Page, Co-Chair, Abby Franklin, Dottie Dolan, Cyndi Moe, John DiBlasio and Paul Banner
Staff Present: Emily Beebe, Conservation Agent, and Christine Bates, Committee Secretary
Business meeting called to order at 4:08 P.M. by Co-Chair Edwin Reynolds
Business Meeting:
· Attorney Richard J. Cain spoke on behalf of his client, Ms. Ellie Harris, in regards to the Pyles hearing scheduled for January 19, 2005. He asked the Commission if it were possible to reschedule the hearing to February 2, 2005 as he will not be available in the month of January. The Board stated they will contact Bennett and O’Reilly to see if they would be in agreement to scheduling the hearing in February.
· Erik Mitchell reported QPX in some quahog grants. The Shellfish Department requested an Emergency Request to remove the clams with a small bobcat on January 8 and 9 off Egg Island waters. The clams will be put on a barge and dumped in the landfill. Cyndi Moe Moved to approve the Emergency Certification; Seconded by Abby Franklin, Passed 7-0.
· Dottie Dolan reported beach monitoring will take place on December 18, 2004.
· The Land Bank / Open Space Committee is to schedule a meeting regarding the Trail Guides.
· Dottie Dolan stated she is not being notified when projects are starting. Mitchell suggested to make it a condition the engineers call the supervisors (phone number will be supplied on the form).
· Abby Franklin asked if the Commission should offer assistance to the Board of Selectmen putting together the letter regarding the Herring River MOU. Mitchell offered to write the letter.
· Mitchell suggested the Commission write a letter to the former Herring Warden, Jeffrey Hughes, thanking him for his work and asking him to return to the position. Paul Banner stated the Commission could recommend the position be included in the Comprehensive Plan. Mitchell to draft a letter for the Commission. Banner reiterated the Comprehensive Plan Committee is still accepting input.
· Dottie Dolan suggested there be two separate positions made for the Conservation Agent and Health Agent.
· A new Alternative Energy Committee has been formed and is welcoming members.
· Meeting minutes of November 17, 2004 were reviewed with recommended amendments. Ginie Page Moved to accept meeting minutes with revisions; Seconded by Abby Franklin; Passed 7-0.
· Meeting minutes of December 2, 2004 were reviewed with recommended revisions. Abby Franklin Moved to accept as amended; Seconded by Ginie Page, Passed 7-0.
· Mitchell reported Natural Heritage is concerned about the prickly pear, an endangered plant. They are requesting Commissioners report to them properties where they identify it, as it is illegal to remove the plant.
MAIL: Abby Franklin noted the following mail had been received:
· Monthly Cape Cod Commission Report
· New Wetland Program Fees
· Alternative Energy Committee
· Letter from MA Wildlife
· Follow up and thank you from Wellfleet Harbor Conference.
· Letter from Town regarding town land with any comments due by January 14, 2005.
Ginie Page and Ed Reynolds will work on the Annual Town Report for 2004.
Certificates of Compliance
William H. Brokate, 107 Holbrook Avenue, Map 20, Parcel 135, Septic System Upgrade. Ginie Page Moved to grant Certificate of Compliance; Seconded by Dottie Dolan, Passed 6-0.
Public Hearings:
5:00 Clyde R. Weihe, 85 Billingsgate Road, Map 34, Parcel 16, NOI: Construct Rock Revetment. Peter Markunas of Coastal Engineering represented the applicants. He gave an overview of the project, stating the revetment will tie into the abutters’ revetments. He stated some of the stones will be buried. Natural Heritage letter stated construction is restricted to December 1 through March 15. Markunas will ask for coordination with the Wellfleet Audubon regarding the construction timeframe. Chink stones will be used to fill voids in revetment. Sand and vegetation will be placed over the revetment. Access will be off Omaha Road. No stairs have been requested to date. There was discussion regarding the mean high tide, where the
sand will ultimately go, and the erosion on the bank. Abby Franklin asked if the shell fishermen had been notified as abutters as she feels it is important for them to express any concerns. Emily Beebe suggested Andy Koch, Shellfish Constable, attend the next meeting. Abby Franklin Moved to continue to January 5, 2005; Seconded by Cyndi Moe; Passed 7-0.
5:44 Yankelovich Trust, 374 King Phillip Road, Map 35, Parcel 182, NOI: Construct Rock Revetment (SE77-1052) and James and Carol Shapiro, 348 King Phillip Road, Map 35, Parcel 183: NOI, Construct Rock Revement. (SE77-1051). Peter Markunas of Coastal Engineering gave an overview of this project. Mike Giaimo, attorney for abutter of Yankelovich, came to the table to review the plans. The construction protocols are similar to those of Weihe. Markunas distributed photographs of the shoreline taken in both 1991 and 2001 to show the beach erosion taking place. He stated he fears the bank will become unstable. The Commission had concerns regarding how high the revetment would be at abutter’s property line, what will stop the scouring of the marsh, top of
bank delineation, and why the wall needed to be so long. Commission felt they would like to have a consultant look at the projects. They will ask Stan Humphries to join them on January 5, 2005 for a site visit with Peter. Cyndi Moe Moved to continue the Yankelovich Trust and James and Carol Shapiro hearing to January 19, 2005; Seconded by Abby Franklin; Passed 7-0.
6:10 Laurie Holmes and Elba Aviles, 155 Samoset Ave., Map 28-1, Parcel 103: Request for Amended Order of Conditions, construct beach access stairs and elevated timber walkway. Peter Markunas stated the stairs were added with the rock revetment. The proposed walkway will control the beach access and not disturb the environment. It will be 18” above the ground with no hand rails. Paul Banner Moved to approve the AOOC, with conditions; Seconded by Dottie Dolan, Passed 7-0. The Commission is to receive an updated plan of the house as it exists today (corrected site plan).
6:21 Steve Rose for Fred Riley, 464 Route 6, Map 42, Parcels 44 and 22, NOI: Connect two buildings and extend existing deck. (SE77-1054). Steve Rose stated four (4) sonotubes will be placed by hand to create a second egress for the second floor. Mr. Rose did not have green cards from the abutters. Abby Franklin Moved to continue to January 5, 2005, Seconded by John DiBlasio; Passed 7-0.
6:26 Frank and Helen Risch, 95 Billingsgate Road, Assessors Map 28, Parcel 232, NOI: Add onto existing structure to include new first and second floor area and outside decks. Matt Farrell of Bennett and O’Reilly represented the applicants. Farrell stated they will be working outside of the buffer zone and the existing building is not being renovated. The disturbed area will be 5,500 square feet with mitigation of planting beach grass. Emily Beebe stated it appears the proposed work will be within the buffer zone and according to the site plan, she feels the additions could be moved outside of the buffer zone. Farrell stated a full foundation will be added and the height will be the same as the existing house. Farrell stated the view would be
compromised if the work zone were to be moved. The Commission asked the applicant to come back with a new plan showing the work zone as much out of the buffer zone as possible. Abby Franklin Moved to continue to February 2, 2005; Seconded by Ginie Page; Passed 6-0.
6:50 John Goodman, Diamondback Way, Map 36, Parcel 17.1.2, NOI: Construct single family dwelling (Cont’d from 11/17/04). (SE77-1050). Timothy Brady represented the applicant. There are no wetland restrictions per letter from Division of Fisheries and Wildlife dated December 1, 2004. The revised plans dated 12/14/04 depict work zone out of the 100 year flood plain. Brady stated the leaching system will be moved. Ginie Page Moved to approve the NOI with conditions; Seconded by John DiBlasio; Passed 6-0.
7:00 Audrey Danforth, 5 Holbrook Ave., Map 21, Parcel 105: NOI, Construct enclosed porch and stairway (Cont’d from 11/3/04). Elaine LaChapelle and Ms. Danforth explained the revised plans would increase the enclosed porch to 9 x 12.6. The proposed outside stairs would become an exit from the dining room. Cyndi Moe Moved to deny the project based on work zone being in the 50 foot buffer zone; Seconded by John DiBlasio; Denial Passed 5-1. Because of a statement Ms. Danforth made regarding selling the property, Abby Franklin stated she would contact the Open Space Committee, the CZM, and the Conservation Trust Committee to see what options might be available to Ms. Danforth. She will report back to the Commission.
Cyndi Moe Moved to adjourn meeting at 7:50 pm; Seconded by John DiBlasio; Passed 6-0.
Respectfully submitted,
Christine Bates, Committee Secretary
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