Present: Ginie Page, Co-Chair, Ed Reynolds, Co-Chair, Cyndi Moe, Abby Franklin, John DiBlasio, Paul Banner, Emily Beebe, Conservation Agent, and Christine Bates, Committee Secretary
Regrets: Dottie Dolan
Business Meeting:
Meeting called to order at 4:05 by Co-Chair Ed Reynolds
Abby Franklin reported she attended the Open Space meeting and questioned the Commissioners if they would like to sponsor an educational walk in the Mill Creek Area. Ginie Page Moved to approve the educational walk and have Abby gather information and promote the walk; Seconded by Cyndi Moe; Passed 6-0.
The Commissioners reviewed the Warrant articles for the Special Town meeting.
Article 21: Cyndi Moe Moved to recommend Article 21: Seconded by Abby Franklin; Passed 6-0.
Article 22: Abby Franklin Moved to recommend Article 22; Seconded by Cyndi Moe; Passed 6-0.
Article 23: Abby Franklin Moved to recommend Article 23; Seconded by John DiBlasio; Passed 6-0.
Article 29: Cyndi Moe Moved to recommend Article 29; Seconded by Abby Franklin; Passed 6-0.
Paul Banner stated the Committee on Alternative Energy will be meeting with Tim Smith, Town Administrator. If a wind-driven facility were to be erected, it would have to be located on town land. The Committee would like to erect a tower to determine wine velocity. The Committee discussed possible locations, such as the Marconi Beach area or White Crest Beach area.
Alfred Pickard went on a site visit with Agent Beebe to the beach area of Donald’s property on Old Wharf Road. The area is totally flattened with a gully. He had been granted approval two years ago for revetment work. Due to the erosion that has taken place on this property, he questioned if he would need to apply for a new NOI or could an amendment be requested. Pickard stated the timeframe allotted due to the turtles was a concern, as well as being concerned about the fishermen who make their livelihood at this location. Beebe suggested a request for an amendment to install a zig zag fence for the time being to slow down the erosion, and file a new NOI for the replacement of the wall. Pickard stated he would back fill behind the concrete wall
and place a sand fence in front of the work zone for safety reasons due to the lose concrete pieces on the beach. The replacement wall will be located in the existing footprint of the existing wall. Pickard to come before the Commission on April 6 with a request for an AOOC. A brief discussion took place regarding the materials used for fencing and the durability and longevity of the materials.
Agent Beebe asked the Commissioners to make a Standard Condition regarding the use of materials for zig zag fences to include galvanized nails, hammer (hand nailed) double course/paralleled, linseed oil and cedar poles. Ginie Page Moved to start a list of requirements for a new Standard Condition; Seconded by John DiBlasio;
Passed 6-0.
Meeting Minutes of January 19, 2005 were reviewed with recommended amendments. Ginie Page Moved to approve minutes with amendments; Seconded by Abby Franklin, Passed 6-0.
Meeting Minutes of February 16, 2005 were reviewed with recommended amendments. Cyndi Moe Moved to approve minuts with recommended amendments; Seconded by Abby Franklin; Passed 6-0.
Abby Franklin announced two upcoming gatherings: March 17, 2005 at the Audubon Sanctuary, subject is Saltmarsh Restoration, and on March 31 at 7:00 pm, a Wellfleet Community forum on Wellfleet Harbor Marina – How to meet Recreation and Commercial Demands while protecting the Harbor’s Natural Resources.
Abby read a letter from Americorps stating they are starting a project collecting seeds from native plants.
Paul Banner reported on an article he read in the NY Times regarding Berkshire’s Scenic Mountain Act, which allows the Berkshire Conservation Commission to preserve views of the mountains. Agent Beebe recommended Paul contact Rex Peterson to gather additional information on this project.
Public Hearings:
5:00 Norman Kimball, 30 Way #14, Mamp 9, Parcel 629: AOOC. The request for an amendment was to relocate driveway and stairs. David Lajoie of Felco, Inc. stated the turn around would be abandoned and the parking area would be on top of the hill. The stairs will be built into the ground and the driveway will be located on top of the leach area. Abby Franklin Moved to approve the AOOC; Seconded by Cyndi Moe; Passed 6-0. Abby Franklin is the supervisor.
5:05 Frank and Helen Risch, 95 Billingsgate road, Map 28, Parcel 232: NOI: addition to dwelling (Cont’d from 02/16/05). Bennett and O’Reilley requested a continuance to April 6, 2005in a letter dated March 15, 2005. Abby Franklin Moved to grant the continuance; Seconded by Ginie Page; Passed 6-0.
5:10 Lisbeth Chapman, 1000 Old County road, Map 2, Parcel 3: NOI: Raze existing dwelling, construct new dwelling and bury utility lines. Chet Lay of Slade Associates represented the applicant. The construction of the new dwelling is out of the resource area; however the area they propose to bury the utilities is in the resource area. He explained the work will be done by hand. Ginie Page Moved to identify this as a Negative 3; Seconded by Abby Franklin; Passed 6-0.
5:15 Richard McLaughlin, 114 4th Street, Map 40, Parcel 108: Installation of new well and install hot tub. Jason Ellis of J. C. Ellis Design Co., Inc. represented the applicant. Due to a high nitrate reading, he is proposing moving the well to another location. The new well would be hand drilled. He stated the proposal calls for regrading the driveway, as well as installing two brick walkways on the property. The Commission had a concern with the proposed location of the hot tub due to the vulnerable location. Ed Reynolds read a letter from abutter Armstrong dated March 4, 2005 stating is concerned with noise, privacy, and potential damage to the dune area. A discussion took place with Mr. McLaughlin regarding another location
for the hot tub and he stated he could place it on the Southeast side of the residence. The plan Commissioners had did not identify the location of the proposed driveway or the new walkways. Mr. Ellis drew in the areas requested. Ben Zehnder, Attorney for abutter Mr. Olive, stated Mr. Olive was concerned about the location of the new well and further contamination. He recommended the well be relocated back from the coastal bank. John DiBlasio Moved to approve J. C. Ellis Design plan dated January 31, 2005 noting the hot tub would be moved to the Southeastern side of the dwelling with the well located as shown on the plan; Seconded by Paul Banner with Conditions; Passed 6-0. Abby Franklin is supervisor.
5:55 Richard McLaughlin, 114 4th Street, Map 40, Parcel 108: NOI: Construct beach access stairs. Mark Burgess of Coastal Engineering represented the applicant. He told the Commissioners the stone steps would be constructed in the revetment area. He stated landings were designed to stay within regulations of 18” above grade. Decking posts would be hand installed. The access for the timber would be from the owner’s property. The stones used for the steps would be accessed from the north at 2nd street by placing sand over the bank and existing revetment to drive over. Restoration would take place for the access route. There was discussion regarding renourishing the bank as this project would cause an
impact to the beach. Burgess questioned the bylaws interpretation, stating this is not a new construction. Agent Beebe stated the bylaws can be interpreted by the Commission if it is an adverse impact. Banner stated he was concerned about not having everyone in the area do renourishment at the same time. Ben Zehnder, Attorney for Dr. Olive, an abutter, stated there is concern about the existing wall and is it structurally sound. A letter from abutter Garfinkle dated March 7, 2005, requested certain conditions be placed upon the project if it was approved. Agent Beebe suggested a condition could be placed on the project, having Lt. Island Association Neighborhood review the project. John DiBlasio expressed concern about the size of the landing, calling it a deck based on the size. It was agreed the deck would be reduced to 8 feet by 16 feet. Paul Banner Moved to approve Coastal Engineering Plan C11580.03 dated 02/10/05 with
Conditions; Seconded by Abby Franklin, Passed 5-1. An abutter expressed his desire to have the existing staircase remain for access to the beach flats.
Abby Franklin will be the supervisor.
6:45 Kandel Wellfleet Trust, 60 Bay View Avenue, Map 35, Parcel 37: AOOC: Change the date of construction start time. In the original Order of Conditions, it was stated no construction shall occur between the period of April 1 and October 1. Mark Burgess of Coastal Engineering requested this be changed to June 1 and October 1. Paul Banner Moved to approve the request to change the date; Seconded by Ginie Page; Passed 5-1.
NOTE: Paul Banner left meeting at 7:00 pm.
7:03 Rogers, 27 Springline Drive, Map 29, Parcel 257: Request for Certificate of Compliance. David Lajoie of Felco Inc. stated the deck was made larger than approved and there is an additional shed on the property. Cyndi Moe Moved to postpone approving the C of C until a site visit was made.
NOTE: John DiBlasio left meeting at 7:05 pm.
7:06 Steven Realty Trust, 308 King Phillip Road, Map 34, Parcel 4: Request for a Certificate of Compliance. Paul Banner was the supervisor for this project. Cyndi Moe Moved to postpone the approval of the C of C until Paul can discuss project.
7:07: Teresa Martin, 70 Commercial Street, Map 21, Parcel 20: RDA, Septic System Upgrade (Cont’d from 03/02/05). David Lajoie of Felco distributed new plans. Cyndi Moe Moved to identify this as a Negative 3 and approve Felco, Inc. Job number 04147, revised plans dated 03/02/05; Seconded by Abby Franklin; Passed 4-0.
Meeting adjourned at 7:10 pm.
Respectfully submitted,
Christine A. Bates
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