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Conservation Commission Minutes 10/19/05
Date:           October 19, 2005
Time:           4:00 PM
Location:       Wellfleet Senior Center

Commissioners Present:  Co-Chair Ginie Page, Co-Chair John DiBlasio, Abby Franklin, Dottie Dolan, and Paul Banner, and Ed Reynolds

Regrets:  Cyndi Moe

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 John DiBlasio  

Business Meeting:

Agent Greenberg reported there would be a meeting on October 25, 2005 at 10:45 am with abutters and Jim Mahala of DEP at 115 Pond Avenue due to the appeal abutters have filed.

Greenberg also reported the budget needs to be decreased by 2.5%.  The money the Town gets for fees goes towards consulting fees.  Fees are to defray the cost of project reviews and to make regulations (Wetland Protection Act).

Jurisdictional Opinion:  386 Lt. Island Road, Map 41, Parcel 76.  Agent Greenberg made site visit and stated the project is to replace the existing deck with new boards.  Ginie Page moved to approve the JO; seconded by Dottie Dolan; passed 5-0.

The Open Space Committees is reviewing the rationale and objectives for the protection of town owned coastal lands.  Paul Banner feels some of the parcels should be developed into park lands.  He suggests we ask them to modify the word “development” so as not to close off all projects such as parks.  The words could possibly be “control or reduced” development.  Dottie Dolan will go back to the Open Space Commission and ask for more specific information.  

Agent Greenberg distributed a proposed regulation for land subject to coastal storm flowage.  The Committee recommended ACEC issues be included as well to have some jurisdiction in the town.  

Town Counsel will review the paperwork prior to submission for the new regulation.  A legal ad may have to be placed in the newspaper for the change(s).  

Agent Greenberg presented an overview of the first Herring River Technical Committee meeting, acknowledging the core group who will be responsible for voting on issues, as well as the technical people offering their expertise.  She stated a report will be presented to the stakeholders and presentations will be made to the general public.  Abby Franklin stated she cannot be on the committee because meetings are during her working hours.  

The Cannon Hill grant was approved with Americorps working on the project of trail restoration and an educational board.

Dottie Dolan reported she will attend the Community Preservation Act training session on October 22, 2005.  Ginie Page expressed concern about scenic views along Route 6 due to fencing.  

Correspondence:  
Brochures on Third Annual State of Wellfleet Harbor Conference, Cape Cod Commission report, and a handbook on stream crossings.

Agent Greenberg is going to talk with Peter Markunas to set up a meeting with the Eastham Conservation Commission.  This could prove to be beneficial in receiving grant money if there is a united front on similar issues.

Ed Reynolds moved to approve meeting minutes of October 5, 2005 with amendments; seconded by Ginie Page; passed 6-0.    

Public Hearings:

5:00  Audrey Danforth, 5 Holbrook Ave., Map 21, Parcel 105:  Amendment to Order of Conditions. This is not an amendment to the Order of Conditions.  Ms. Danforth was approved by the Wellfleet Zoning Board of Appeals with a new plan which is less coverage on the property than previously submitted to the Conservation Commission.  She requested her file be updated with the revised 9/28/05 plans.  

5:03     Back, 489 State Highway, Map 42, Parcel 129:  RDA:  Septic System Upgrade.  David Lajoie represented the applicant.  The upgrade is for the office building, to be located on the south side of the property.  Ginie Page identified the application as a Negative 3; seconded by Abby Franklin; passed 6-0.

5:06  Outer Cape Health Services, Inc., RDA, 3130 State Highway, Map 13, Parcel 67:  Upgrade parking area (Cont’d from 10/05/05) Emily Beebe represented the applicant.  She stated there will not be any fill added to the grade of the parking lot, but may add fill for stabilization of the parking lot.  Timbers will be added to delineate the parking lot perimeters.  Dottie Dolan identified the application as a Negative 3; seconded by Abby Franklin; passed 6-0.

5:13  Patterson, NOI, 420 Lt. Island Rd., Map 41, Parcel 79:  Upgrade septic and replace well (Cont’d from 10/05/05)  Mark Moran represented the applicant.  Natural Heritage had responded stating no adverse effects.  The project involves replacing the cesspool with a Title 5 system with an I/A, pump chamber and leaching facility.  The project was approved by the Board of Health.  Dottie Dolan moved to approve plan dated 5/9/05 with conditions; seconded by Abby Franklin; passed 6-0.  The supervisor will be Agent Greenberg.

5:20  Harborside Village Coop Corp, NOI, Harbor Lights Circle & Weatherly Ave, Map 20, Parcel 19:  Replace up to 20 trailers cont’d from 09/21/05).  Revised plans were distributed identifying trees, septic system, proposed new decks, and additions as known now.  There will be no double-wide trailers and they have reduced the number of replacements to 17 trailers.  The proposed plan has decreased the coverage in the filter strip.  The replacement trailers will not have outdoor showers.  No sheds will be allowed with the replaced trailers.  There was discussion regarding having only one shed to house the lawn equipment necessary to mow the park.  Liz Stansell stated the people in the park must mow their   yards now per the park regulations.  It would be difficult to tell people they have to get rid of their sheds and have someone mow their yard.  There will be no increase in trailers on the property as there are no vacant lots available.  The Commission is concerned with hazardous materials in the sheds and requested one shed be used to store the materials.  Abby Franklin moved to approve the replacement of 17 trailers; seconded by Ed Reynolds; passed 5-1 with conditions.  Dottie Dolan and Ed Reynolds are supervisors.

5:50  Ragovin & Polonsky, NOI, 90 Anawan Rd., Map 29, Parcel 482:  Construct residential driveway on and within buffer zone (Cont’d from 09/21/05).  Richard Lay represented the applicant and distributed a revised plan showing a reduction in the project.  Steve Phillips described a new floor plan with a new entrance on the north side of the dwelling.  Bob Prescott of the MA Audubon recommended making turtle sand boxes in the existing driveway.  It would create a new nesting habitat on Indian Neck. Dottie Dolan moved to approve the 9/3/05 revised plan; seconded by Abby Franklin; passed 6-0 with conditions.  The supervisor will be Paul Banner.
  
6:10  Chequessett Yacht & Country Club, 675 Chequessett Neck Road, Map 19, Parcel 115:  NOI:  Shorefront Stabilization (Cont’d from 10/05/05).  Peter Markunas of Coastal Engineering and Barbara Boone of CYCC came to the table.  There was discussion if the boathouse is a structure and if a revetment could be placed in front of it.   Markunas stated the abutter’s revetments have caused the damage to the CYCC beach.  He stressed the Commission needs to keep in mind the purpose of the club which allows access to the water, boat launching for the members, and an parking area to store boats, etc.  A discussion took place regarding the history of the harbor and the erosion taking place.  Ms. Boone stated the club has planted beach grass, but it has not held, and they have renourished the area three times since the Order of Conditions was granted for the fencing.  

A letter from Seashell Condominiums dated 10/9/05 was read into the record.  Mr. Pilcher of Seashell Condominiums stated he has talked with the Harbor Master, shell fishermen, and the Health Agent regarding the scouring on their beach due to the revetments from the west.  

The Commission and Markunas discussed the issue of revetments and the possibility of renourishing the area with the sand from the Harbor when it is dredged.  John Riehl spoke as a private citizen and expressed concern for the entire harbor area.  He would be in favor of a soft solution which provides

nourishment.  Alternative solutions were discussed, such as CYCC placing an additional zig zag fence in the area with renourishment.  Boone stated this could be extremely costly.  Boone stated the boathouse was on the property in the early 1950’s and was moved back on the property.  Markunas stated the boathouse is a structure according to 310.CMR 10.30, page 3.  Mike Parlante provided before and after pictures of the beach in the area.  He would like to see renourishment done with no revetment.  The Commission discussed having everyone with revetments do renourishment; however they determined they can’t force people to do it.  Markunas stated Eastham issues a letter each year to revetment owners and the owners have to present an invoice back to the town that they renourished their revetment.  

Agent Greenberg recommended putting in a second row of zig zag fencing.  She expressed concern about utilizing the sand from the Harbor and what potential harm it could do to the shellfish grants.  
CYCC has a concern this solution might fail, and the possibility revetments may be banned in the future.  Further discussion took place about postponing a decision on the request; Greenberg suggested making a decision tonight.  If the project was denied, CYCC could go to DEP with an appeal.  Paul Banner moved to approve the application; no second.

Markunas will provide measurements and survey information on Chipman’s Cove, and Agent Greenberg will have discussion with Town representatives regarding utilizing the sand from the Harbor dredge.  Paul Banner moved to continue to November 16, 2005; seconded by Dottie Dolan; passed 6-0.  Additional questions were posed regarding the spreading of the sand and if the DPW had the ability and time to do the work.  Boone stated she would talk to her superintendent regarding performing the work.  Ginie Page moved that there needs to be communication between the engineers and have plans turned in before the November 16, 2005 meeting; seconded by Abby Franklin; passed 6-0.  

John DiBlasio moved to adjourn the meeting at 7:55 pm; seconded by Abby Franklin; passed 6-0.  

Respectfully submitted,

Christine Bates
Committee Secretary