Present: Ginie Page, Co-Chair; Dottie Dolan, Abby Franklin, Paul Banner, Edwin Reynolds, Co-Chair; Hillary Greenburg, Conservation Agent; and Mary Rogers, Committee Secretary
Regrets: Cyndi Moe, John DiBlasio
Business Meeting:
Co-Chair Ed Reynolds called the meeting to order at 4:05 p.m.
Co-Chair Ginie Page said Americorps was looking for beach clean-up work. She had suggested Cannon Hill clean-up and stair replacement. Abby Franklin and Dottie Dolan suggested clean-up behind the low dunes north of Newcomb Hollow. Page also considered Sewell’s Gutter as a site in need of clean-up.
Page reported that Peter Hall, who is doing GPS property surveys for the Conservation Trust, would like permission to post identification labels for town owned lands while he’s out in the field. Dolan made a motion to grant Peter Hall permission to label the town owned lands. Franklin seconded the motion. All voted in favor 4-0.
Abby Franklin informed the Commission of the contents of the Correspondence File, which included:
1.) Notice of the Wellfleet Forum’s Pre-Town Meeting at the Library, April 21 at 7 p.m.
2.) A request from Helen Miranda Wilson for a letter of support from the Conservation Commission for her application for membership on the Cape Cod Mosquito Control Commission. Page moved that the Conservation Commission write a letter supporting Wilson’s candidacy; Franklin seconded the motion. All voted in favor of the motion 4-0. Franklin will draft the letter.
3.) A letter from LEC regarding the rail trail/bike path from the Eastham town line to LeCount Hollow Rd. They propose to resurface the trail and clean out the culverts at Hatch’s Creek and Fresh Brook. (No mention was made of Blackfish Creek.) Page deemed this a major project which would require filing. Conservation Agent Hillary Greenburg said the National Seashore would need to be informed as well.
4.) A copy of a letter from Tim Smith.
5.) A letter from Virginia A. Crossman regarding the fire department.
6.) Two letters regarding the Currier’s appeal case. Page said this case was complete and the letter should be placed in the Robert Currier file.
7.) Copies of letters from Agent Greenburg to Brimm, MECC, Cranings, Young (regarding cutting trees at the Holden Inn), and LaJoie (about paper work for Deyesso).
Agent Greenburg asked about a Jurisdictional Opinion for a property at 130 Catboat Rd. (Map 41, Parcel 89). While replacing rotted wood around the windows, the owner discovered more rot in the deck. The owner wishes to repair a portion deck, bringing it up to code, but not enlarging it. The work has a building permit. Dolan moved to allow a Jurisdictional Opinion for 130 Catboat Rd.(Map 41, Parcel 89). Franklin seconded; All approved the motion 4-0.
Abby Franklin announced that she now has a full time job with the Town of Truro and will not be able to do site visits with the Commission.
Agent Greenburg made sure that everyone had copies of a letter dated 4/20/05 from Peter J. Markunas of Coastal Engineering in preparation for the Hearing.
Abby Franklin brought up a concern about a construction project she had observed on Lt. Island Rd. The Health Agent will investigate
Page asked about the Rausch property’s septic system. Greenburg believed the NOI was being filed.
Greenburg will also check on property at 75 Chequessett Neck Rd. and Fresh Brook Lane.
Page said that the Conservation Trust was looking for volunteers for the Adopt a Highway program.
Dolan reported on the Gilmore property. There has been no silt fence installed as requested. She said the case should be reopened to have them do this. Paul Murphy has been dealing with the junk and electrical hook-ups on the property.
Agent Greenburg said she had received a letter from the Division of Marine Fisheries regarding the McLaughlin case on Lt. Island. The Order of Conditions has already been issued, so the Division’s concerns are being presented after the fact. Dolan wondered if their concerns could be addressed by a catch-all condition stating that rocks would have to come over the top of the bank. Greenburg will send a copy of the letter to the McLaughlins.
Greenburg reported that there is a new MOU regarding the Herring River Restoration project. Nancy Finley of the National Seashore produced the new draft MOU to replace the older MOU. The new MOU requests a technological group and a citizenstakeholder group to discuss the project.
Paul Banner joined the meeting, having attended the Cape Cod Commission’s four o’clock presentation on wind generators. He reported on the size, the likely siting, and the need for new zoning regulations if they are to be installed. He also stated that the town of Hull has a wind generator that provides power for the street lights and municipal buildings.
Abby Franklin read into record a letter from the Cape Cod Mosquito Control Commission dated 12/20/04. The letter seeking approval of the Herring River Restoration Project with monitoring of the mosquito controls will be put in the file.
Banner gave a report on the dwindling number of members of the Local Comprehensive Planning Committee and the requests for input. The LCPC needs more representatives to help prepare a new Local Comprehensive Plan to be presented to Town Meeting in 2006. He mentioned the survey that will be conducted as a result of the 20/20 presentation of April 16, 2005. Greenburg said she would examine the 5-year plan from the 1985 LCP to see what the Conservation Commission had recommended.
Co-Chair Reynolds closed the business meeting and opened the hearings at 5 p.m.
Public Hearings:
James Falcone, RDA, Shellfish Grant
As an employee of the Audubon Society which abuts the subject property, Abby Franklin recused herself. James Falcone was not present to explain his access to Grant #01-01 in Area A18 in Loagy Bay/Blackfish Creek. A letter dated April 13, 2005 from Robert Prescott of the Audubon Society requested that pathways or corridors be established so they would not be crossing over the Falcone grant to get to Audubon property. From the floor, Dennis Murley of the Audubon Society stated the Audubon has always been respectful of grants. Issues in the Audubon letter to be discussed with grant holder and Audubon. Several shell fishermen agreed to work with the Audubon directly. Dolan made a motion to accept the RDA with condition #2, negative 2; Seconded by Page; Approved 3-0. Franklin
returned to the meeting.
Nate O. Johnson, RDA, Shellfish Grant
Mr. Johnson was not present, but his grant proposal (page 2) states that access is by boat only. Page made a motion to accept the RDA with condition negative 2; a NOI is not required. Franklin seconded the motion. The motion passed 4-0. Johnson’s letter will be attached to the file.
Jane & Edwin Kerr, 599 Chequessett Neck Road, Map 19, Parcel 19: NOI, Septic System Upgrade
Jason Ellis of Jason Ellis Designs, Inc. came to the table to represent the Kerrs. They would like to put the septic system on the road side of the house with a leach area close to the house, away from the coastal bank. The cesspools will be removed. The septic system is to be an Advantix nitrogen removal system. The work is to be done by hand using the deck-walkway on the east side of the building. For the septic there will be mini-excavation on the west side of the property. Any damage will be rectified afterwards. The abutters have been notified. The DEP file number is SE077-1064. Franklin moved to approve the NOI; Banner seconded. The motion passed 4-0 with the conditions. Hillary Greenburg is the supervisor.
Mass. Audubon, Lt. Island, Map 41, Parcels 178 & 179, NOI: Restoration of salt marsh grasses and sand dune with placement of rock barriers,
(Cont’d from 04/06/05)
Abby Franklin recused herself as an employee of the Mass Audubon Society.
Dennis Murley of the Mass Audubon Society and Chester Lay of Slade Associates came to the table to present the case. Co-Chair Reynolds read into record a letter from Town Administrator Tim Smith regarding the Board of Selectmen’s interest in the right of way. There was also a letter from John Smith to be heard. Mr. Lay said they were just there to continue the NOI with the Committee. Reynolds said the Committee would hear them and then vote on a continuance at the end of the presentation. Murley said the road closing had been portrayed as a closing down of Lt. Island. Audubon would like to close the lower road and beach area to protect the nesting area of the diamondback terrapin and the piping plovers.
Mr. John Smith distributed then read into record his letter protesting the project and requesting that the Conservation Committee dismiss the NOI. Included in his letter were excerpts from four e-mails of unidentified parties. Mr. Lay stated his objections to the anonymous e-mails included in John Smith’s letter being read into record.
From the audience, Fred Richard asked about access to the area for shellfishermen. Also from the audience Dave Pike said that in case of an emergency, the road that Audubon wishes to close could be the only way to gain access into the island. Page remarked that tires had cut up the lower road to the south-west. Dolan said she was appalled at the destruction of the salt marsh; that issue needs to addressed and the marsh restored.
Reynolds asked about continuing to the May meeting, but there was an matter of timing. According to Mr. Murley, the diamondback nesting season is coming up. However, if the boulders could go in soon, there is another window of time in fall for the re-vegetation they plan to do by hand planting. Fred Richard expressed concern that if shellfishermen were denied access to the upper road which is private, they wouldn’t be able to get to their grants. Banner said that even roads designated as “private” still must allow beach access.
Page moved to continue consideration of the NOI until the May 4 meeting so that the BOS can consult with Town Counsel. Dolan seconded. The motion to continue until May 4, 2005 passed 3-1. Franklin returned to the meeting.
Wellfleeter Condominium Association, 275 Kendrick Ave., Map 20, Parcel 32; RDA, repairs to concrete seawall.
Peter Markunas of Coastal Engineering came forward to represent the applicant, Wellfleeter Condo Association. First the concrete bulkhead has cracks and needs a pressure wash, removal of loose concrete and material in the exposed joints, epoxy for the joints, and sealant for the surface. The application is for all concrete surfaces. This is a correction of an error in the filing. The only by-products of the process of pressure cleaning are fresh water and sand. The epoxy is VOC approved and non-toxic. The contractor, he admits, had jumped the gun and was asked to stop work. He had. Markunas stressed the importance of maintaining the sea wall to prevent future replacement.
The second part of the Wellfleet Condo Association’s request is to reseal the asphalt driveway, walkways and parking area. Some of this is in the buffer zone. They plan to sweep the sand off the surface and apply a water-based, latex sealant by hand on the walkways and by hand sprayer on the parking area. Dolan asked if the walkways had ever received Conservation Commission approval. She also wondered if some of the asphalt could be removed. Reynolds said that replacement with a permeable material if the asphalt starts to break up could be a condition. Banner said it was important to maintain the walkways now so that they don’t break up and cause a bigger problem.
Page made a motion to approve the RDA for 275 Kendrick Ave. (Map 20, Parcel 32) to 1.) repair the concrete seawall with condition negative 3 within the buffer zone; and
2.)re-coat the existing tar walkways, driveways and parking areas with a condition that any future break-up of the asphalt would be replaced with a permeable material. Banner seconded. The Commission approved the motion for the RDA for the Wellfleeter Condominium Association 5-0.
Kandel Wellfleet Trust, 60 Bay View Ave., Map 35, Parcel 37, AOOC: reconstruct beach access stairs and partial reconstruction of rock revetment
Mark Burgess of Coastal Engineering represented the Kandels in their request for an Amended Order of Conditions. He distributed a new site plan dated 4/12/05 and instructed the Conservation Commission to discard the plan dated 3/30/05. The Kandels now want to rebuild the revetment, putting in a north extension that matches the one on the other side of the stairs. Work would begin after September 1, 2005. Access to the project would be from the south. The abutters have been notified. The stairs, now under construction, match the approved plan for straight line steps. The bottom section of the stairs is removable.
Franklin made a motion to approve the AOOC for 60 Bay View Ave., Map 35, Parcel 37, for reconstruction of beach stairs and partial reconstruction of the rock revetment. Dolan seconded, and all voted in favor of the motion 5-0. Abby Franklin is supervisor.
Mr. Burgess stated the major problem with rock revetments, in general, is nourishment. This includes fiber rolls and rocks.
Steven Realty Trust, 308 King Phillip Road, Map 34, Parcel 4, Certificate of Compliance
Abby Franklin was the supervisor, but she had Paul Banner check on the steps, the only condition for the COC. They were reported to be in good shape. Dolan moved to issue the COC to Steven Realty Trust, 308 King Phillip Road, Mape 34, Parcel 4; Banner seconded. The motion to approve the COC passed 5-0.
Stanford and Dorothy Ross, 945 Chequessett Neck Road, Map 19, Parcel 98: resurface and shoring of existing cinder block revetment, NOI
(Cont’d from 04/06/05)
The applicants were unable to attend. Co-Chair Reynolds opened the case so it could be continued. Franklin moved to continue the NOI to 5/4/05 at the applicants’ request. Page seconded. All approved the motion to continue 5-0.
Paul Banner inquired about approval of the Weihe property. Page, who is supervisor, reported.
Franklin moved to adjourn; Page seconded; all approved the motion to 5-0. The meeting adjourned at 6:25 p.m.
Respectfully submitted,
Mary Rogers, Committee Secretary
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