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Cons Comm Minutes 07/06/05
Date:           July 6, 2005
Time:           5:00 PM
Location:       Wellfleet Senior Center

Commissioners Present:  Ginie Page, Co-Chair, Edwin Reynolds, Co-Chair, John DiBlasio,  Cyndi Moe, Abby Franklin, Dottie Dolan and Paul Banner.

Staff Present:  Hillary Greenberg, Conservation Agent, David Flaherty, Assistant Conservation Agent, and Christine Bates, Committee Secretary

Meeting called to order at 5:00 P.M. by Co-Chair Ginie Page  

Public Hearings:

5:00:   Stanley, 260 Bayberry Lane, Map 41, Parcel 129, C of C – Septic upgrade.  Site inspection completed and project was found complete.  Dottie Dolan moved to approve the issuance of a Certificate of Compliance; seconded by Ed Reynolds, passed 7-0.

5:05:   Jones, 100 Aunt Sarah’s Way, Map 42, Parcel 59:  Two C of C’s – construct new dwelling and addition to house.  It was noted there was no previous documentation for original construction and DEP has no paperwork as well.  Paul Banner moved to approve both the 1977 NOI as well as the NOI for the addition; seconded by John DiBlasio; passed 7-0.

5:10:   Deyesso, 995 Chequessett Neck Road, Map 19, Parcel 95:  Seawall and bank renourishment
C of C’s.  Ed Reynolds moved to approve the two C of C’s (SE77-902 and SE77-1067), seconded by Abby Franklin, passed 7-0.

5:15:   MA Audubon Society, Inc., Lt. Island, Map 40, Parcel 172:  Restoration of salt marsh and sand dune:  NOI – identification of map and parcel for second work area (hearing already held and approved).  Abby Franklin recused herself due to employment.  Cyndi Moe moved to approve the work to be performed at Map 40, Parcel 172; Seconded by John DiBlasio; passed 6-0.  

5:20:   MA Dept of Conservation and Recreation:  NOI:  Improvements to the Cape Cod Rail Trail.  Bryan Madden represented the applicant and did an overview of the project as presented in the last meeting.  DEP file number 77-1072.  Natural Heritage letter has been received.  Abby Franklin stated the work at Fresh Brook area will be done at a later date. Abby Franklin moved to approve the NOI; seconded by Paul Banner; Passed 7-0 with conditions.  All members of the Board will be supervisors.


5:25:   Geiger, Baker Road Ext., Map 29, Parcel 335.1:  NOI:  Build an addition to dwelling (Cont’d from 06/15/05).  Richard Lay represented the applicant and presented an overview of the property.  Natural Heritage letter was received.  The oil tank within the 50 foot buffer zone will be removed by hand.  The parking area will be made smaller, and the addition will use the existing septic system.  This project could make the dwelling a year-round dwelling.  Lay stated the property is for sale, and if any additional changes were made to the plan or site, the future owner would have to come before the Commission.  Paul Banner moved to approve the NOI; seconded by John DiBlasio; passed 7-0 with conditions.  Cyndi Moe moved to approve the requested variance (Section 2.02(4b); seconded by Dottie Dolan; passed 7-0.  Supervisor is Abby Franklin.

5:43:   Freeman, 710 Long Pond Road, Map 26, Parcel 636:  NOI:  Septic Upgrade and new well (cont’d from 06/15/05).  Letters from DEP and Natural Heritage were received.  No further review was necessary as the hearing was heard on 6/15/05.  Abby Franklin moved to approve the NOI; seconded by John DiBlasio; passed 7-0 with conditions.  The project supervisor is Agent Greenberg.  

5:48:   Connell, 60 Ione Road, Map 28, Parcel 64:  NOI:  Septic Upgrade (Cont’d from 06/15/05).  The Commission was waiting to receive a DEP number as well as a letter from Natural Heritage.   Both were received.  No further review was necessary as the hearing was heard on 6/15/05.  Abby Franklin moved to approve the NOI; seconded by Dottie Dolan; passed 7-0.

Cyndi Moe moved to close the hearings and reconvene at 6:40 pm; seconded by Ed Reynolds;
Passed 7-0.

Business Meeting Minutes

The Commission held a discussion regarding the closure of the Harbor Ramp, which will last the better part of the summer season.  The firm hired to perform the work could only do the project during this time period.  Co-Chair Ginie Page requested a meeting with the Harbormaster to discuss any issues which might arise with people utilizing public landings while launching their boats and potential parking problems for the town.

Agent Greenberg provided a chronology on the Danforth property, including the keeping of turkeys on the property, BOH condemnation of property, court appearances, etc.  Greenberg stated Danforth told her she had received a loan for work to be done on the dwelling, including raising the house.  Greenberg stated all Department Heads are watching the property closely and will enforce if necessary any violations.  Franklin drafted a letter to the Open Space Committee and Land Bank Trust Fund regarding the property.  

Franklin reviewed the correspondence received which included a list of the organizations involved with the Herring River Restoration Project, meetings scheduled for the Herring River MOU; a letter from Gordon Peabody regarding animal bypasses, and misc. correspondence.  

Agent Greenberg stated there was little discussion on the MOU at the Selectmen’s meeting held on
June 29.  Nancy Finley from the Park will attend the BOS July 12 meeting.  There was further discussion regarding the stakeholders.  Franklin feels the Commission should monitor the meetings.

Jurisdictional Opinion:  David Flaherty stated the public landing at Old Wharf Lane and Old Brian Cliff Road requires being leveled and have shells placed on the surface.  This is a temporary fix.  Paul Banner moved to approve the JO; seconded by John DiBlasio; passed 7-0.  Flaherty to supervise.

Agent Greenberg stated she had received a request from Buddy and Beth Berrio to access Egg Island by vehicle to their shellfish grant during extreme low tide.  Moe suggested using the floating dock.  Greenberg will get back to the Berrio’s.  

Greenberg reported the Pyles had gone before the Planning Board and received permission to move their boundary lines.

Banner announced the Comprehensive Planning Commission would have a meeting on July 30 from
2:00 – 4:00 pm at the Sr. Center for non-residence taxpayers.   Another meeting will take place for year-round residents.  He states they are concentrating on the survey and not taking into consideration what comments were made by the Commission.  

Flaherty reported the National Park is installing a fence around Dyer’s Pond which will restrict erosion.  

DiBlasio expressed concern about the dunes being destroyed on Newcomb Hollow Beach.  He stated the snow fence was crushed.

Dolan reported there will be a dedication of the Fox Island Marsh on July 9 at 10:00 am.  She also reported the funding for the Sr. Americorp has stopped and there will be no support from that group for beach cleanup.  She stated she  can get t-shirts, sweatshirts, totes and hats for volunteers.  

Public Hearings resumed

6:40:    Galvin, 30 Way 100, Map 41, Parcel 148:  NOI:  Replace existing dwelling (Cont’d from 06/15/05).   The Commission had heard the hearing already and was awaiting the DEP number and a letter from Natural Heritage, which was received.  Dolan Moved to approve the NOI, seconded by Moe; passed 7-0.  Agent Greenberg to supervise.

6:45:   Taylor, 115 Pond Ave., Map 29, Parcel 368:  NOI:  Construction of leach area and driveway within ACEC.  David Lajoie represented the applicant.  A site visit was made.  He explained it was for new construction of a dwelling with one bedroom.  It is 100 feet from the salt marsh at an elevation of 10 at the ACEC.  Elevation 12 on the plan is the coastal plain.  The leach area, utilizing a sureguard retaining wall, and the driveway will be within the flood plain.  DEP assigned number 77-1075 for the project.  They have received Board of Health approval using an alternative treatment system.  Franklin stated she was concerned about potential flooding.  Lajoie stated the leach area is above the flood plain at 13.5 to 14.8 foot range.  He stated the water will recede when the tide goes out. Page noted there is no storm catch basin in the road.  Agent Greenberg stated any flooding would be to the northeast of the location.  

Abutter Joseph Carbone of 105 Pond Avenue was a spokesperson for the neighborhood.  He stated this is an extremely small lot within the flood plain and ACEC.  The people question if the survey was done  correctly.  They are concerned with the proximity of the wetlands, flood risks, and location of proposed septic system to abutter's wells.  He stated the area has experienced flooding in the road.  They had an engineer look at the property who stated he did not feel the leach field was adequate, did not feel the distance to the marsh was adequate and could not locate markers.   Carbone stated he did not feel the lot

was buildable and posed a health problem.   Lajoie stated the survey was correct and invited the Commission and the abutters to go for a site visit.  Agent Greenberg stated the well is for 111 gallons per day which is below the minimum standards for one bedroom.  They are utilizing an I/A treatment system.
Franklin moved to continue the hearing to July 20 with a site visit scheduled after 10:00 am on the same day; seconded by John DiBlasio; passed 7-0.  The abutters will send any information they have to Agent Greenberg prior to the site visit.  

DiBlasio moved to adjourn the meeting at 7:40 pm; seconded by Franklin; passed 7-0.

Respectfully submitted,


Christine Bates
Committee Secretary