Present: Ginie Page, Co-Chair, Edwin Reynolds, Co-Chair, Dottie Dolan, Cyndi Moe, John DiBlasio, Paul Banner, Emily Beebe, Conservation Agent, and Christine Bates, Committee Secretary
Regrets: Abby Franklin
Business Meeting:
Meeting called to order at 4:05 by Co-Chair Ginie Page.
A discussion took place regarding the Mill Creek Restoration and funding options for the CYCC meeting scheduled for March 4, 2005. The meeting was called by Representative Delahunt. He is supporting and may provide funding to purchase the wetland on the golf course that is under water. At the current time, Mill Creek is flooding. Emily Beebe recommended letting Tim Smith of CZM, be the chair for the meeting.
It was reported there will be an Open Space Meeting on Friday, March 4, 2005 at 1:00 pm.
Meeting minutes will be reviewed at the next meeting.
Ginie Page stated she would provide the website address of the Herring River.
Agent Beebe stated Tim Smith, Town Administrator, asked her to work part time. She stated she is willing to work with the Conservation Commission by going to meetings and working on regulations and special projects. She is particularly interested in working on renourishment (enforcement issues).
Beebe summarized the Deyesso case where time had elapsed for the renourishment portion of the Order of Conditions. A Partial Order of Conditions was granted for the revetment. She stated they would have to submit a new NOI. The Park has an issue with the project because the beach is now on park property. Agent Beebe wrote a letter to Ms. Finley of the National Park regarding the renourishment of the bank. If the park does not allow the work to be done, the revetment will have to be removed.
Agent Beebe recommended making a declaration that seawalls and bulk heads impact the banks. She recommends we notify people to come before the Commission so there is a clear understanding they need to renourish. Paul Banner stated he would research other parts of the country that have received funding to perform the renourishment. There was discussion regarding bringing sand into the Harbor and determining if the sand moved from the water in front of the erosion. Beebe questioned if it would be possible to mine sand from the channel.
Paul Banner recommended making a bylaw change to include the ACEC, allowing us to have more jurisdiction. It would be a recommendation to the Local Comprehensive Planning Committee at the Conservation Commission’s request. Tom Flynn, from the audience, feels it is not a choice because it is in the State and Town’s laws to renourish. The problem is that some of the revetments are over 20 years old and it was not a condition then.
Alfred Pickard stated he doesn’t feel the Town would want to take out the revetments. He questioned if he had a deteriorating wall, could he move the property 10 feet for nourishment, staying within his property line. He also questioned if he let his revetment deteriorate, would that affect his property line based on the mean high water.
Agent Beebe would like to analyze areas where there are several revetments that affect each and send a letter to them regarding renourishment. Banner questioned if the Commission could create a regulation regarding revetments and renourishment. Agent Beebe stated there is a threat to property owners who fail to follow the Wetlands Protection Regulations ($10,000 fine) or a day-by-day fine.
Alfred Pickard provided plans from 1990 and 1991 of bulkheads that have deteriorated. He questioned what would happen to the creek because the beach elevation has dropped three to four feet and he requested guidance from the Commission how to make repairs. Agent Beebe stated they would need current elevations and an estimate of the erosion rate in the area.
Cyndi Moe requested Beebe provide the Commission with a list of on-going activities Commissioners should be made aware of.
Public Hearings:
5:00 Susan Connors, 30 Catboat Road, Map 41, Parcel 68: RDA, replace decking. Jon Huge of Andrew J. Parkington Building and Remodeling, represented the applicant. He stated the existing deck was unsafe. He stated there would be no change to the footprint, no machines will be used in the construction, and a silt fence will be utilized during construction. He stated one more sono tube would be installed to brace the decking. The Commission recommended putting in a dry well for the gutters. Dottie Dolan Moved this project as a Negative 3; Seconded by Paul Banner, Passed 6-0.
5:12 Herbert Stanley, 260 Bayberry Lane, Map 41, Parcel 129: NOI: Install new pump, sewer line and sewage leaching area (SE 77-1057 – Continued from 02/16/05). The Commission received a letter from Natural Heritage. The Commissioners reviewed the meeting minutes of March 2, 2005. Dottie Dolan Moved to accept Project 04-284 for Herbert Stanley and grant the request with conditions; Seconded by John DiBlasio; Passed 6-0. Supervisor will be the Health and Conservation Agent.
5:17 Robert Pyles, Bayberry Lane, Map 41, Parcels 121 and 122: Construction of a new dwelling and other improvements on vacant property (Cont’d from 01/19/05). John O’Reilly of Bennett and O’Reilly Engineering and Sarah Turano Flores, Attorney for the Pyles presented an overview of the new plans, designed by Peter Caneen. She briefly gave the history of the property, which the Commissioners have heard. She reviewed the contents of a letter from ENSR International dated March 1, 2005 regarding plantings for the property. A letter from William N. Rogers, II, Civil Engineer and Land Surveyor dated March 1, 2005 was distributed to the Commission, highlighted reasons he felt there was not sufficient information
presented for the Commissioners to make a decision.
Dottie Dolan asked if the proposed septic system was going to be shared with the abutting property. O’Reilly stated this would be an easement from the abutting property which Pyles already owns, and will go before the Board of Health with the plans. O’Reilly visited the points in the Rogers letter to the Commissioners.
Attorney Richard Cain stated he felt the original NOI application had changed too much over the course of time and felt a new application should be filed. Other points he brought up to the Commission included:
· He questioned the “owner’s” listed on the NOI. He stated it was his belief the land was a strip of land later subdivided.
· He stated they increased the amount of upland and increased the amount of wetland in the other lot.
· He did not feel they made an effort to build out of the buffer zone.
· Questioned property lines
· Questioned which Town Boards they have been before
· He stated he believes Pyles wants to put two houses on the two existing lots, which he (Cain) considers to be one lot
· He felt Ms. Flores may have a conflict of interest representing “someone from the Board”
· He feels Pyles is violating regulations and could move the house out of the buffer zone.
A letter from Paul J. Shea, of Independent Environmental Consultants, Inc. dated February 15, 2005 was reviewed by Paul Shea. He questioned if the applicants had done everything possible to locate the dwelling outside of the buffer zone and referred to the Natural heritage regulations. He asked the Board to review Wellfleet’s regulations. Abutter Kathleen McCormick stated she feels this is a non-building lot and has concerns regarding septic failures and run off. Abutter Sonyia Bointman expressed concerns about the house location in the wetlands and
purification issues of water. Mrs. Pyles stated when they purchased the property, it was buildable.
The Commissioners stated they act independently from other Boards. Agent Beebe read Regulation 310 10.05 and feels the Commission could set conditions with other Boards regarding the property. Cyndi Moe stated the lot line is not “real” until the Pyles goes to the Planning Board. Agent Beebe stated the Barnstable County Registry of Deeds recognizes three lots as of October 1, 2003 and moving the lot line will not change the number of lots. She did not feel it was significant enough to have the Pyles refile for a new NOI. Dottie Dolan stated she felt the Pyles had done everything they could with making the structure smaller, and there is nothing in the regulations that state they can’t build in the 100 foot buffer zone. Ms. Flores stated the lot line
was put on an angle due to Building Codes. Discussion took place regarding the necessity of a garage of which Flores stated it would keep potential pollutants out of the environment (oil, etc.).
Dottie Dolan Moved to approve Bennett and O’Reilly, Inc. Plan B098-1870, with a revision date of January 18, 2005 with conditions; Seconded by Paul Banner, Passed 4-1-1. For the record, Ed Reynolds opposed the plan as he would like to see the septic system included in the same lot. John DiBlasio abstained due to the 50 foot and 100 foot buffer zone bylaws. The supervisor for this project is Cyndi Moe.
6:45 Steve Golod, 280 Pleasant Point Ave, Map 35, Parcel 140: NOI: Remove existing house, construct new dwelling, sewage disposal system and well. A site visit was made. Tim Brady of East Cape Engineering represented the applicant. He stated the old septic system will be abandoned and an upgrade will be installed at the same time as an abutter’s, who requires improvement as well. He stated the entire lot is in the 100 foot buffer zone, and the resource areas include a creek, salt marsh, costal bank, and mean high water. It was noted the top of the bank was not shown on the plan, and any new construction must be out of the 50 foot buffer zone (away from the top of the bank). The Commissioners felt
this plan was not in compliance at all and requested Tim Brady to produce a new plan, including a new planting plan. Paul Banner Moved to continue to April 6, 2005; Seconded by Cyndi Moe; Passed 6-0.
7:05 Yankelovich Trust, 374 King Phillip Road, Map 35, Parcel 182, NOI: Construction of Rock Revetment (Cont’d from 02/16/05) and
James and Carol Shapiro, 3348 King Phillip Road, Map 35, Parcel 183: NOI: Construction of Rock Revetment (Cont’d from 02/16/05). Peter Markunas and Stan Humphries represented the applicants. Paul Banner read the 02/16/05 draft meeting minutes. The revised plans reflect additional survey information. General Notes were read from the plan. Markunas explained excavation would end at the stairs and not go into the property. The plan calls for the use of 40 foot fiber rolls. A realignment of the revetment off the Shapiro’s property will take place, removing and reusing the rocks, tapering the top to match ground level. It will require some fill, and one
foot of sand will be placed over the rocks. By utilizing fiber rolls up to the wash over, it will not create scars. The fiber roll will be covered with sand up to the drift fence. Ginie Page asked if a double row of drift fence would be utilized. Agent Beebe stated she wanted a soft solution. Markunas stated fiber rolls used alone would not work due to the velocity of water. A discussion took place regarding the Brimm revetment. Agent Beebe concerned the plan proposed will create additional adverse effects. The beach is receding at the present time, and will continue to drop in elevation. Markunas stated the rocks have not caused the beach to drop, it has been happening for centuries. Humphries suggests utilizing toe stone to taper off to 15 inches, and fill in the cavity and topping off with vegetation. Markunas had a concern this would pull the hill down. He suggests taking it 12 foot to 8 foot over a
gradual area. Cyndi Moe expressed concern about too many rocks to the right of the stairs. Markunas stated the stone shown in the plan at the end of the revetment will be at a 4 – 1 grade. Moe suggested using less rocks and taper more and utilize more fiber roll. Cyndi Moe Moved to continue to April 6, 2005; Seconded by John DiBlasio; Passed 5-0.
Meeting was adjourned at 8:00 pm.
Respectfully submitted,
Christine Bates
Committee Secretary
| 
