Date: September 7, 2005
Time: 4:00 PM
Location: Wellfleet Senior Center
Commissioners Present: Co-Chair Ginie Page, Co-Chair John DiBlasio, Cyndi Moe, Abby Franklin, Dottie Dolan, and Paul Banner
Regrets: Ed Reynolds
Staff Present: Hillary Greenberg, Conservation Agent, David Flaherty, Assistant Conservation Agent, and Christine Bates, Committee Secretary
Meeting called to order at 4:08 P.M. by Co-Chair Ginie Page
Business Meeting:
John Portnoy told the Commissioners he regarded Wesley Swamp as a vernal pool. Spade foot toads reside in the swamp. Although he is aware the swamp gets pumped, he does not know how much the water level is lowered. He explained the toads come out when it rains very hard or when it floods. Agent Greenberg stated it is certified as an area of special interest and the pump is a problem. There was a study done in the past, but additional research should be done to see if there are alternatives. The water released from the pump goes to a storm drain. Agent Greenberg will set up a site visit, and Portnoy will review aerial pictures of the 1930’s.
Judith Bernstein and Dan Driscoll of Cannon Hill Road came before the Commission to respond to the cuttings taking place at Cannon Hill Road. Driscoll stated he was responsible for the cuttings, and stated he is the Director of Greenways and Bikeways in MA. He stated he felt there were too many invasive plants in the marsh area and it was killing the pines. He removed bittersweet and locust. He stated he would like to clear briars and locust two times per year, which would be beneficial to the ecology and encourage native meadow grasses to return. Ms. Bernstein stated she did not realize they went into the buffer zone with the cutting and apologized to the Board. Driscoll stated he didn’t cut anything more than two inches thick. He stated he feels the marsh should be opened
up for access. Agent Greenberg asked if the property could be used as a study area, and check the eco-system on a monthly basis. Driscoll stated he would be willing to take photographs on a volunteer basis. The Commission requested that both Driscoll and Bernstein come before the Commission prior to any additional work on the property.
Co-Chair Page stated she had a discussion with Denny O’Connell of the Planning Board regarding bylaws on trailer parks. The Board needs to become familiar with the difference between co-ops and condominiums. Agents Greenberg and Flaherty will review the Flood Plain Regulations.
Paul Banner questioned if anything could be done to eliminate grandfathered septic systems (cesspools) abutting ponds. Agent Greenberg replied the Board of Health is working on identifying the cesspools in the town.
Abby Franklin reported the Herring River MOU is not signed as yet. The seashore lawyers reviewed the MOU and sent it back to the Town unsigned. She stated she would like to be a technical representative.
Agent Greenberg will review the Black Fish tidal issue with Rex Peterson. Franklin was not sure of the flooding over Route 6.
Correspondence was reviewed which included Americorp applications for volunteers, Seashore letters to abutters regarding their encroachment on National Seashore property; and a letter from Gilmore requesting an extension on the septic upgrades. Greenberg reported the soil is contaminated and advised the Gilmore’s not to put any new sand in the area.
Jurisdictional Opinion:
Dale Sherratt of 110 Cliff Road requested permission to do some revegetation. DiBlasio moved to approve the JO; seconded by Banner; passed 6-0.
Public Hearings:
5:00 Long, C of C, 57 Wigwam St., Map 35, Parcel 158 Gordon Peabody and Matt Long stated the work is complete. Supervisor Franklin stated everything is fine. She noted a propane gas tank is on the property and Long stated it is used for the heating system in the house. Franklin moved to approve the C of C; seconded by Dolan; passed 6-0.
5:05 Brash, C of C, 135 Nauhaught Bluffs Rd, Map 21, Parcel 9 A site visit was made. Chet Lay represented the applicant. Cyndi Moe stated the stairs are not connected. The Commission asked to have the shower removed from the as-built. There was a question regarding the PVC on the east side of the dwelling. Dolan moved to continue to September 21, 2005; seconded by Franklin; passed 6-0.
5:10 Zelinsky, RDA, 170 Pond Ave., Map 29, Parcel 382: Install two lengths of fencing. Franklin moved to determine this as a Negative 3; seconded by Moe; passed 6-0.
5:15 Taylor, NOI, 115 Pond Ave., Map 29, Parcel 368: Construction of leach area and driveway within ACEC (cont’d from 07/20/05) David Lajoie presented revised plans to the Commission. Natural Heritage stated the project will not affect wetlands. In July 2005, Hanlin Consulting flagged vegetation in the wetlands. Lajoie stated the leach area will be outside the 100 foot buffer zone, and no construction will take place in that area. The driveway and leaching area located on the east side of the dwelling will be in the floodplain. There will be no grading in the area. An alternative treatment system was approved by the Board of Health. DiBlasio recommended utilizing silt fencing
with openings for animals. Joseph Cambone, an abutter, introduced Amy Ball and Joe Henderson as a spokesperson. Ms. Ball stated the septic is not meeting Title V regulations. Henderson stated the concerns they had were: 1) water quality from the Title 5: there is only one foot distance between leach field and wall; 2) the house is designed for one bedroom system and Title 5 calls for two bedrooms (Agent Greenberg stated DEP has to approve the plan); 3) the retaining wall is galvanized, while a Title 5 system would be concrete; and 4) feels there is not an O & M plan.
Agent Greenberg asked if they had any recommendations, and Banner questioned why they were at this hearing as these concerns relate to Board of Health issues. Lajoie stated he was not requesting any additional variances from the Board of Health, but would not have any problem going back to them for their review of the revised plans. He stated this is a leach field and 10 feet does not do anything to the efficiency of the system. He stated the retaining wall is made of PVC, and is not galvanized. Mr. Cambone stated he does not feel the water is secure, and does not meet the wetlands protection act because it is within the flood plain. Franklin pointed out the area is in the ACEC; however, there are no regulations and it would not be legal to hold up the project. Ms. Ball questioned if
the project meets Title V regulations, and Page responded the Board of Health makes the decision regarding septic. LaJoie stated the plan would go back to the Board of Health. After further debate regarding Title 5 issues, Banner moved to approve the project with conditions; seconded by Dolan. Cambone stated he felt the Commission should deny the application, or table it for the time and analyze the revised plan. Abutter Peter Santos stated there is a constant noise from these units, and there is odor. Lajoie explained how the units work and pointed out it is a better form of treatment. Page brought the Commission back to the vote:
5 – 1 with conditions:
1. silt fencing with wild-life passage to be installed
2. Revised plan will be reviewed by Board of Health
3. Plantings around the I/A system will be placed to limit noise
4. Standard conditions
Supervisors will be Agent Greenberg and Ginie Page.
6:00 Turpin, NOI, 393 Bound Brook Way, Map 6, Parcel 10: Remodel dwelling and install new septic (cont’d from 08/03/05) Tim Brady of East Cape Engineering represented the applicant. He stated he doesn’t consider the depressed area noted from the past meeting as wetland, and will put in silt fencing with wild-life passage. He will be presenting this project to both Truro and Wellfleet Zoning Boards of Appeals. Franklin moved to approve the NOI with conditions; seconded by Dolan; passed 6-0. Conditions:
1. Silt fencing with wild-life passage to be installed
2. The prickly pear (an endangered plant) is to be protected
3. A dumpster and all stored materials are to be located in driveway
4. All standard conditions and construction and protocol notes
6:09 Harborside Village Coop Corp, NOI, Harbor Lights Circle & Weatherly Ave, Map 20, Parcel 19: Replace up to 20 trailers (cont’d from 08/17/05) This hearing requires a continuation in order for the owners to poll the members of the coop who are planning additions or make improvements to their trailers. Banner moved to continue without prejudice, until further notice; seconded by Franklin; passed 6-0.
6:12 Ragovin & Polonsky, NOI, 90 Anawan Rd., Map 29, Parcel 482: Construct residential driveway on and within buffer zone. A continuation was requested awaiting DEP number. Moe moved to continue to September 21, 2005; seconded by Franklin; passed 6-0.
6:14 Patterson, NOI, 420 Lt. Island Rd., Map 41, Parcel 79: Upgrade septic and replace well. Dan Crodo of Moran Engineering represented the applicant. He stated he will be going before the Board of Health. There are isolated wetlands, and the proposed septic will be 100 feet from all wells. No DEP number has been assigned, and letter from Natural Heritage has not been received as yet. Franklin requested all materials be stored away from the resources and silt fencing to be installed. Moe moved to continue to October 5, 2005; seconded by Franklin; passed 6-0.
6:20 Davis, NOI, 1619 State Highway, Map 30, Parcel 92: Addition to existing dwelling within buffer zone. David Lajoie of Felco Engineering represented the applicant. The addition will be between the two structures. The 1995 five bedroom septic system is fine. He proposes incorporating shrubs by removing some of the lawn as mitigation. DiBlasio expressed concern regarding the construction taking place in the buffer zone, particularly the decking. Lajoie felt adding on the middle of the two structures was better then going into the wetlands or going towards Route 6. Moe stated decking would protect the wetlands better than having people walk on them. Franklin objects to the decking in the buffer zone. No DEP number or letter from Natural Heritage was
received. Moe moved to continue to September 21, 2005; seconded by Franklin; passed 6-0. Lajoie stated he would go back to the applicant and discuss the decking with them. Page requested there be reinforcement on the path to the water.
Discussion took place regarding the need to have the ACEC delineated as well as have new flood plain regulations. Agent Greenberg and Assistant Agent Flaherty will check with other towns, particularly Orleans.
Moe moved to approve the meeting minutes of August 17, 2005 with amendments; seconded by DiBlasio; passed 6-0.
Moe moved to adjourn the meeting at 6:50 pm; seconded by DiBlasio; passed 6-0.
Respectfully submitted,
Christine Bates
Committee Secretary
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