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ConsComm Minutes 04-06-05
Commissioners Present:  Ginie Page, Co-Chair, Edwin Reynolds, Co-Chair, Paul Banner, Abby Franklin, and Dottie Dolan

Regrets:  John DiBlasio and Cyndi Moe

Staff Present:  Emily Beebe, Consultant, Hillary Greenberg, Conservation Agent, and Christine Bates, Committee Secretary

Meeting called to order at 4:03 P.M. by Co-Chair Ginie Page.  

Business Meeting:

Jan Plau of the Land Bank Committee addressed the Commissioners regarding the Mill Creek land.  Two meetings are scheduled for April 10 and April 16 with a site visit scheduled.  She was looking for support from the Commissioners regarding the land for the upcoming Town Meeting.

Dottie Dolan reported there is beach clean up scheduled for April 9.  Ed Reynolds, Paul Banner and Cyndi Moe volunteered to help.

It was reported that the Land Use and Management Plan for the Rinzler property was signed off and will be given to the Selectmen for their review.

Discussion regarding the Gilmore property took place due to a complaint from Helen Purcell to Dottie Dolan.  She has a concern regarding materials leaching into Duck Creek.  Paul Murphy, Building Inspector, was also looking at the property in terms of enforcement regarding the building project.  Hillary Greenberg and Emily Beebe will make a site visit.

Abby Franklin reported the Herring Festival will take place on April 30, 2005 at the Wellfleet Library.  

The Notice of Intent for Deyesso has expired so a Certificate of Compliance could not be granted.  Felco will issue a new NOI for the bank nourishment.  After the work is done, both NOI’s will be complete.

The meeting minutes of March 2, 2005 were reviewed and amended.  Abby Franklin moved to approve the minutes with changes; seconded by Ed Reynolds; passed 5-0.  

March 16 meeting minutes were reviewed and moved for approval by Abby Franklin; seconded by Ed Reynolds; and approved 5-0.

Abby Franklin reviewed the mail.  

Paul Banner stated he received a call from Massari regarding the nourishment of the beach in his Order of Conditions.   He stated the Commission should go forward with a nourishment program.  Emily Beebe stated she would put together recommendations for a “renourishment” standard condition which to would include work done on bulkheads and revetments which accelerate erosion and are adverse to the environment.   She recommends sending a letter to everyone who has a revetment so they will be aware of the new standards set by the Commission.  Emily to gather information from Jim Mahala regarding the maintenance program on revetments in Eastham and Mashpee, which have bylaws established in their towns.  

Certificate of Compliance:

Agger, (get address, map, parcel).  Ed Reynolds moved to approve C of C; seconded by Abby Franklin, passed 5-0.

Public Hearings:

5:07 – David and Aida Donald, 66 Bay View Ave., Map 35, Parcel 38:  Construct temporary zig zag drift fences:  AOOC  Alfred Pickard represented the applicant.  A site visit was made.  He is recommending a double zig zag fence for the project.  Ms. Beebe suggested to use this design at Keller’s corner.  Abby Frankly moved to approve the AOOC; seconded by Dottie Dolan; passed 5-0.  

5:17- James E. Rogers, Lot 5 off Pilgrim Spring Road, (now known as 27 Springline Drive), Map 29,  
 Parcel 257:  C of C.  Site Visit Made.  Paul Banner moved to approve C of C; seconded by Ed
Reynolds; passed 5-0.

5:19 - Steven Realty Trust, 309 King Phillip Road, Map 34, Parcel 4:  Certificate of Compliance.  Paul Banner stated he would like to visit the site and recommended this be revisited at the May 20, 2005 meeting.  Ed Reynolds moved to vote on the C of C on May 20; seconded by Abby Franklin; passed 5-0.

5:21 – James Haggerty, 615 Chequessett Neck Road, Map 19, Parcel 118:  Construct path and beach stairs, NOI..  A site visit was made.  David Lajoie represented the applicants.  He stated there is an existing stone revetment which has steps in it.  Because of the steepness of the bank, the applicant would like to have two platforms installed for safety.  Ginie Page suggested the landings be 4 feet by 4 feet. There will be a minimum of 18” from the grade of the land to the materials being used.  Paul Banner moved to approve the project with conditions; seconded by Ed Reynolds; passed 5-0.

5:34 – MA Audubon, Lt. Island, Map 41, Parcels 178 and 179, Restoration of salt marsh grasses and sand dune, NOI..  Abby Franklin recused herself as an employee of the Audubon.  Chet Lay  from Slade Associates and Dennis Merley of the Audubon presented an overview of the proposed project using boulders.  Two separate areas will be closed off to any vehicular traffic.  Ginie Page asked why fences were not being used, and Dennis replied that the boulders were more permanent than fences (which have previously been removed or ignored).  John Smith of the Wellfleet Marsh Association, stated all utility lines are located on the area they want to close off on the north location.  He also stated he feels there is an issue of ownership of the land.  Gail Ferguson, a resident of Lt. Island stated she feels ownership is a large consideration regarding these projects.  Resident Christine Young stated she didn’t feel turtles nested in the area.  She and resident Edith Miller are concerned about all traffic going on the “ridge” road and the safety for traffic.  Dennis responded that turtles do nest in the area.  Dennis explained the second area (south) is access for heavy vehicles to go around the island.  Due to the fact that the tide was so high, a site visit was not done.  Co-Chair Ginie Page suggested the applicants and the Commissioners meet on April 20 at 11:00 for a site visit.  Ed Reynolds moved to continue hearing to April 20, 2005; seconded by Paul Banner; passed 4-0.

6:10 – Steve Golod 280 Pleasant Point Ave., Map 35, Parcel 140, Replace existing dwelling and septic (Cont’d from 03/02/05) NOI.  Tim Brady of East Cape Engineering represented the applicant.  He stated they have received Board of Health approval for the septic.  The revised plan shows the renovations to be closer to the resources.  Beebe stated she feels the plan does not comply with Wellfleet’s regulations.  This would be considered new construction and would lose grandfathering.  Brady stated there are set back issues as well as buffer zone issues.  He asked that the septic and well be approved tonight and he would revise the location of the dwelling.  Abby Franklin moved to continue to May 4, 2005; seconded by Ed Reynolds; passed 5-0.  

6:31 – Frank and Helen Risch, 95 Billingsgate Road, Map 28, Parcel 232:  NOI:  addition to dwelling (Cont’d from 03/16/05).    Per request of applicant to continue to May 4, Abby Franklin moved to continue to May 4, 2005; seconded by Ed Reynolds; passed 5-0.

6:32 – Yankelovich Trust, 374 King Phillip Road, Map 35, Parcel 182:  Construct Rock Revetment (Cont’d from 03/02/05) NOI and James and Carol Shapiro, 348 King Phillip Road, Map 35, Parcel 183:  Construct Rock Revetment (Cont’d from 03/02/05) NOI.   Peter Markunas of Coastal Engineering and Stan Humphries of Ocean and Coastal Consultants represented the applicant.  A revised plan dated 04/06/05 was distributed.  Peter reviewed the General Notes of the plan and the Commissioners discussed the erosion and nourishment plan.  Markunas suggested the Commission review the project on a yearly basis to determine the erosion rate and determine a prescribed renourishment volume.  A letter from Stan Humphries dated April 6, 2005 was received and read.   Ed Reynolds Moved to approve the Yankelovich Trust revised plan of 04/06/05 with conditions; Seconded by Abby Franklin; Passed 5-0.  Abby Franklin moved to approve Shapiro’s plan, dated 03/02/05 with conditions; seconded by Paul Banner; passed 5-0.

7:09 - Stanford Ross, 945 Chequessett Neck Road, Map 19, Parcel 98:  Resurface and shoring of existing cinder block revetment, NOI.  By the request of the applicant, Abby Franklin moved to continue to April 20, 2005; seconded by Ed Reynolds, passed 5-0.


7:10 - Clyde R. Weihe, 85 Billingsgate Road, Map 34, Parcel 16, Construct Rock Revetment and G. Massari, 244 King Phillip Road, Map 34, Parcel 13, Construct Rock Revetment.  Peter Markunas of Coastal Engineering stated he would like to revise the conditions regarding beach nourishment.   Agent Beebe reviewed the suggested changes to Condition 8 and 15.  Abby Franklin moved to approve the AOOC for Weihe; seconded by Ed Reynolds; passed 5-0.  Abby Franklin moved to approve the AOOC for Massari; seconded by Ed Reynolds; passed 5-0.

Ginie Page moved to adjourn the meeting at 7:23; seconded by Abby Franklin; passed 5-0.