Date: May 18, 2005
Time: 4:00 PM
Location: Wellfleet Senior Center
Commissioners Present: Ginie Page, Co-Chair, Edwin Reynolds, Co-Chair, John DiBlasio, Cyndi Moe, Abby Franklin, and Dottie Dolan. Paul Banner joined the meeting at 5:00 pm.
Staff Present: Hillary Greenberg, Conservation Agent, David Flaherty, Assistant Conservation Agent, and Christine Bates, Committee Secretary
Meeting called to order at 4:03 P.M. by Co-Chair Edwin Reynolds.
Business Meeting:
The Ernst property Conservation Restriction was signed by the Commission.
Ginie Page moved to approve the meeting minutes of April 6, 2005 with recommended amendments; seconded by John DiBlasio; passed 6-0.
Ginie Page moved to approve the meeting minutes of April 20, 2005 with recommended amendments; seconded by Abby Franklin, passed 6-0.
Agent Greenberg reported there would be a rabies informational session on May 23, 2005 at the Police Department supported by the MA Dept. of Public Health. She reported vaccines would be placed in open spaces in Wellfleet.
Abby Franklin reviewed the mail, which included several brochures and reports.
Beach clean up would take place the weekend of June 4. Due to the tides, the Commissioners would work on Friday, June 3.
Abby Franklin questioned if the delineation of the mouth of Herring River was determined. Agent Greenberg to report back to the Commission. The MOU for the Herring River Restoration Project was revised. Ginie Page moved to approve the MOU as written; seconded by Dottie Dolan; passed 6-0.
Abby Franklin reported the Brown property on Chequessett Neck Road has a path running directly through some prickly pear. She also reported the Mitchell property on Cyprus Road did not have a DEP number or silt fence on the construction site.
The Planning Board requested input from the Commission regarding the subdivision planned on Goss Road. There was discussion regarding the 100 foot floodplain and the location of proposed houses. Abby Franklin asked if we could set up a conservation restriction and it was determined this would require a new by-law. DiBlasio feels strongly about enforcing the 50 foot buffer zone regulations. The Commission will forward the following recommendations:
Developer has to keep a boundary inside the 100 foot floodplain and no houses will be constructed within the floodplain area.
There is to be no clear cutting.
The Commission has concerns with the water quality and will request strict enforcement by the Board of Health.
There is a concern regarding poor road access to Route 6. The road is not straight and ranges from 18 feet wide to 20 feet wide with a cul de sac at the end with several driveways in the cul de sac.
Will this project change the vista (reference Local Comprehensive Pan Section 7.3).
The Commissioners were to provide any further concerns or comments to Ginie Page prior to the June 1 deadline.
Americorps volunteering to provide clean up services for the Town.
Public Hearings:
5:00 Mike Flanagan (Town of Wellfleet Harbormaster) Kendrick Ave., Map 21 and 20, Parcels 114 and 31: NOI: Maintenance dredging. Joe Hanlon of Bourne Engineering was running late for the hearing. Mike Flanagan, Harbormaster, requested the hearing be delayed until his arrival.
5:05 Janice Coady, 205 Samoset Ave., Map 29, Parcel 96: Certificate of Compliance. A site visit was made and it was noted there was a sprinkler system being utilized on the property. The Commission requested Agent Greenberg to write a letter to the applicant with their concern regarding nitrates. Cyndi Moe moved to grant the C of C, with the condition a letter be forwarded to applicant; seconded by Dottie Dolan; passed 7-0.
5:15 John Duane, 348 Main Street, Map 14, Parcel 7: RDA: relocate shed and re-establish pre-existing garden and meadow area. A site visit was made. The Commission noted sand by the existing location of the shed and Duane stated it would be removed. There was discussion regarding the utility pole, which cannot be moved to the side as it would affect the grade. Duane stated he will attempt to bring up the grade. The Commission stated the proposed location for the shed is within the 50 foot buffer zone. No vegetation list was provided, and the Commission recommended using native plants. Cyndi Moe moved this RDA as a negative 3 with conditions; seconded by Paul Banner; passed 7-0. The shed is to be brought up to the 100 foot mark.
A pre-construction visit will be made regarding the revegetation. Agent Greenberg to supervise project.
5:25 Kevin Young, 35 Old Salt Lane, Map 42, Parcel 72: NOI: construct retaining wall and landscape. Mr. Young did not attend the meeting. A discussion will take place after the last hearing.
5:26 Mike Flanagan (Town of Wellfleet Harbormaster). Joe Hanlon of Bourne Consulting stated they had received a letter from the Marine and Fisheries dated May 18, 2005 stating the work was to take place from June 1 to January 31 due to winter flounder. The dredging will be performed utilizing bobcat equipment under the pier to remove the sediment buildup. The debris will be spread on Keller's Corner. Hanlon stated this is outside of the ACEC; however, the Commission informed him it is within the ACEC. No Natural Heritage was available. They are in the process of obtaining a Chapter 91 permit. The last time dredging took place was in 1999. Abby Franklin moved to approve the NOI with conditions; seconded by Paul Banner; passed 7-0.
Abby Franklin, Supevisor
5:35 Judith Menegay Trust, 190 Blue Heron Road, Map 41, Parcel 12: NOI: construct new dwelling. Gordon Peabody and Joy Cumings represented the applicant. An overview of the project was discussed. The size of the dwelling was reduced, and a cantilevered overhang on the second floor does go over the resource area. The storage space under the garage will hold utilities and has no windows. The redesign of the house will have no impact on the 50 foot buffer strip.. Excavation will be held to a minimum. All equipment access will be from the road. No doors will lead to the resource area. Peabody reviewed the mitigations. Dottie Dolan moved to approve the NOI with conditions; seconded by Abby Franklin; Passed 6-1. Supervisors
will be Ed Reynolds and Hillary Greenberg.
6:40 Herbert Gstalder, 130 Valley Road, Map 9, Parcel 641: NOI, add a 2 x 6 cantilevered box bay window (Cont’d from 05/04/05). Chet Lay of Slade Associates provided a revised set of plans identifying the four foot foundation and the 50 foot buffer strip. Cyndi Moe remarked the bulkhead at the pond requires repair which Lay stated it would be fixed. The project received ZBA approval and there is no objection from the National Park. Everything will be outside of the 50 foot buffer zone. Cyndi Moe moved to approve the plan as presented; seconded by Abby Franklin; passed 7-0. The supervisor will be Ginie Page.
6:55 Kevin Young. Cyndi Moe moved to deny the request without prejudice for lack of appearance of the applicant. A letter dated May 17, 2005 from Mr. Young was read into the record. Moe rescinded her motion and moved to continue the hearing to June 1, 2005; seconded by John DiBlasio; passed 7-0. Agent Greenberg will contact applicant to provide guidance on filing and Commission protocol. Banner suggested Young include mitigations regarding the vegetation and retaining wall construction.
John DiBlasio moved to adjourn the meeting at 7:10 pm; seconded by Paul Banner, passed 7-0.
Respectfully submitted,
Christine Bates
Committee Secretary
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