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Cons Comm Minutes 02/16/05
Date:           February 16, 2005
Time:           4:00 PM
Location:       Wellfleet Senior Center

Present:        Ginie Page, Co-Chair, Dottie Dolan, Cyndi Moe, Abby Franklin, John DiBlasio, Paul Banner, Emily Beebe, Conservation Agent, and Christine Bates, Committee Secretary

Regrets:        Edwin Reynolds, Co-Chair

Business Meeting:

Meeting called to order at 4:05 by Co-Chair Ginie Page.  
Abby Franklin reported she received a letter from John Portnoy regarding a grant the National Seashore has applied for to survey the Lepidoptera that may be affected by the proposed tidal restoration of the Wellfleet Herring River.  He was looking for support from the Commission.  

Abby Franklin reported a Herring Warden and Assistant have been assigned positions.

Abby Franklin reported Bob Dunchanson will be making a presentation on March 10 at 7:00 pm. at the Audubon Sanctuary.  Evan Williams will make a presentation on March 17 regarding Tidal Restrictions.

A discussion took place regarding the interview process for the Conservation Agent’s position.  Dottie Dolan and John DiBlasio will represent the Commission.  Suggestions were made for questions to be asked the applicants.  Cyndi Moe asked if the Commission could hire their own assistant.  Agent Beebe stated there would have to be money available to support the position.

Certificate of Compliance:

Carol Fletcher, 210 Forrest Road, Map 16, Parcel 623:  Septic Upgrade.  A site visit was made in December 2004.  Cyndi Moe Moved to grant the Certificate of Compliance; Seconded by Abby Franklin; Passed 6-0.
Greisinger, Old Wharf Road, Cyndi Moe Moved to grant the Certificate of Compliance; Seconded by Dottie Dolan, Passed 6-0.

Public Hearings:

5:00    Teresa Martin, 70 Commercial Street, Map 21, Parcel 70:  RDA, Septic System Upgrade.  The applicant requested a continuation to March 2, 2005.  Cyndi Moe Moved to continue to March 2, 2005; Seconded by Abby Franklin, Passed 6-0.

5:10   Al Rich, 124 Route 6, Map 47, parcel 24:  RDA, Septic System Upgrade.  Site visit was made.  The Commissioners asked Mr. Rich if the water had been tested
        recently and he responded it was performed nine months ago; however, he planned on new testing.  He stated he has not used fertilizers for the past two
        years.  Dottie Dolan Moved to determine this is a Negative 3, Seconded by Cyndi Moe; Passed 6-0.        

5:20    Herbert Stanley, 260 Bayberry Lane, Map 41, Parcel 129:  NOI:  Install new pump, sewer line and sewage leaching area (SE 77-1057).  Tim Brady of East Cape Engineering, Inc. represented the applicant.  A site visit was made.  Mr. Brady stated this is a septic system upgrade.  The current leaching field is close to the salt marsh, and the proposed leaching area will be placed in an easement in the road.  Piping will proceed on the west side of the house versus the east side.  Approvals were received from the Board of Health.  He stated the installation of the pump chamber will be located to the back of the house within one day with revegetation will take place at that time.  There is no reason to replace the 1,000 gallon septic tank.  The leaching area will be kept intact as it would disturb the area more if it were removed.  Natural Heritage had not responded at the time of the meeting. Cyndi Moe Moved to continue to March 2; Seconded by John DiBlasio; Passed 6-0.

5:30    Clyde R. Weihe, 85 Billingsgate Road, Map 34, Parcel 16:  NOI:  Construct Rock Revetment (Cont’d from 01/19/05).  DEP #SE77-1053.  Peter Markunas of Coastal Engineering, Inc. represented the applicant.  Mr. Markunas stated he had talked with the Shellfish Constable regarding the Commissioner’s concerns about the shellfish grants.  The Constable stated the work limit of the revetment would not affect the grant area, but stressed the importance of leaving access to the shellfishermen.  No rocks are to be outside of the work limit and no vehicles or equipment are to be left in the area.  Markunas reviewed the Construction Protocol which covered those issues.  There was discussion regarding the firm who would be performing the work and the importance of not disturbing the area with tire marks, using the proper materials, etc.  It was agreed a condition would be placed outlining responsibilities for the engineer and contractor.  Conditions will also include pre-construction site visit and post-construction site visit.  The Commissioners stated it is important to maintain the dune to the right of the property and possibly posting signs for vehicles and boats.  Markunas described
        the construction of the rock revetment which included stockpiling the sand before the rocks are placed nine (9) feet into the sand, and replacing the sand between the rocks and bank at completion.  Markunas recommended making a site visit two moon tides after construction to check the chip stones and height of sand.  Conditions will include a site visit after one year as well as an annual renourishment program.  Agent Beebe stated the Commissioners did not accept the beach renourishment outlined in the Alternative Analysis accompanying the
        application.  Markunas also recommended placing a benchmark at either side of the revetment to provide information on the elevations of sand.  Abby Franklin stated there was no mention of moving the house in the alternative analysis.  Markunas stated due to the topography of the land, it would not be feasible.  Markunas said if there are gouges in the bank, it would be filled in (Condition #10 in standard notes).  Agent Beebe expressed concern regarding the plantings and questioned if the matrix could be expanded.  Markunas stated a ladder is placed on the bank to perform the planting and other renourishment projects.  No stairs are proposed for this property.  Paul Banner Moved to approve Project C13659.00, for Clyde Weihe; Seconded by Cyndi Moe; Passed 4-2 with conditions.  Dottie Dolan Moved to grant the requested Variance which prohibits stone revetments; Seconded by Cyndi Moe; Passed 4-0.  Abby Franklin identified her reasons for not approving the NOI or the variance.  The supervisor is Ginie Page.

6:35    Yankelovich Trust, 374 King Phillip Road, Map 35, Parcel 182:  NOI:  Construct rock Revetment (cont’d from 12/15/04).  DEP # SE77-1052.  Abutter James and Carol Shapiro, 348 King Phillip Road, Map 35, Parcel 183:  NOI, Construct Rock Revetment (Cont’d from 12/15/04) SE77-1051.  Peter Markunas represented the applicants.   An in-depth discussion took place regarding the use of fiber rolls being placed on the dune area.  The Commissioners stated they would prefer not to see any rocks.  Markunas stated there is an issue identifying where the bank ends and the dune begins.  Markunas provided pictures of a revetment located in Brewster with beach erosion and the use of fiber rolls.  He stated he would be reluctant to use fiber rolls as the only source for the revetment and suggested utilizing a drift fence.  He also suggested the use of randomly placed rocks and stones in front of the fiber roll and along the zig zag drift fence.  Agent Beebe stated she likes the use of fiber rolls, but has concerns on the scour areas.   Further discussion took place regarding where Markunas had placed the stakes for the original wall.  The Commissioners asked if it could be placed at the scour area.  Markunas to restake for a site visit.  Stanley Humphries, representing abutters Prager, described the shoreline erosion that has taken place over the past five years.  Agent Beebe asked if there were anything that could be done to slow the erosion and Humphries responded possibly placing sand past the revetments and not refilling at the rock revetments.  Cyndi Moe Moved to continue to to    March 2, 2005, with a site visit planned for that morning to review new staking; Seconded by Abby Franklin, Passed 6-0.

7:30    Anthony Massari, 244 King Phillip Road, Map 34, Parcel 13:  NOI:  new rock revetment (SE77-1060).  Natural Heritage letter received.  Peter Markunas represented the applicants and explained the project of removing the zig zag wall

        and vertical structure where the stones come out of the beach providing for a natural slope and tie in the rock revetment with the Miller and Weihe revetments.  
        The concrete wall will be removed.  Rock stairs will be built and the wooden stairs already there will remain.  The zig zag revetment will be removed after the
        rocks are placed in front of it; then the rocks for the revetment will be placed where the zig zag revetment was originally.  Sand will then be placed between the stockpile of rock and bank.  Cyndi Moe Moved to accept Coastal Engineering Co., Inc. project C14226.0 dated 02/02/05; Seconded by Dottie Dolan; Passed 6-0 with conditions.  Supervisors are Ginie Page and Paul Banner.  Cyndi Moe Moved to approve the Variance required to replace the revetment; Seconded by Dottie Dolan;       Passed 6-0.

7:50    Frank and Helen Risch, 95 Billingsgate Road, Map 28, Parcel 232:  NOI:  Add onto existing structure to include new first and second floor area and outside decking (Cont’d from 12/15/04).  John O’Reilly of Bennett and O’Reilly and Jeff Carlson, Architect, presented new plans which show decking has been reduced by 6 feet, reducing limit of work on the northeast corner.  The proposed mitigation of the property included a revegetation program with a disturbance of 1,500 square feet.  They stated restrictive resources are 100 feet from top of bank, all outside of the ACEC boundary.  Agent Beebe estimates there are 6,480 square feet of total disturbance within the buffer zone.  She also restated there are options to move the dwelling, and that no effort was made to move the house out of the buffer zone.  The addition would be 1,800 square feet.  Carlson stated the owners would lose views if the house were moved.  O’Reilly asked the Commissioners if the hearing could be continued so new plans could be presented.  The Commissioners stated they would require plans that show the dwelling out of the buffer zone.  Cyndi Moe Moved to continue to March 16, 2005; Seconded by Abby Franklin; Passed 6-0.

The meeting was adjourned at 8:10 pm.

Respectfully submitted,

Christine Bates
Committee Secretary