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Conservation Commission Minutes 03/01/06
Date:           March 1, 2006
Time:           4:00 PM


Location:       Wellfleet Senior Center

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

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

Meeting called to order at 4:00 P.M. by Co-Chair John DiBlasio

Business Meeting:

Agent Greenberg reported the Coastal Zone Management organization (ANRAD) requested the Town of Wellfleet be the applicant for a delineation of wetlands for the Chequessett Yacht Club.  They are stating it will cost approximately $4,000 for the delineation; however, DEP estimates the cost at $2,000.  By having the Town be the applicant, it waives the filing fees.  Agent Greenberg stated this is for a portion of the Herring River Restoration project and both the Town and National Seashore would benefit.  The money will remain with the Conservation Law Foundation.  Dottie Dolan moved to have the Town of Wellfleet be the applicant for the ANRAD; seconded by Paul Banner; passed 5-1.

The Commission signed off on the land use and management for the Pilgrim Springs Conservation area (Whale Bone Point).  

Correspondence:

Agent Greenberg reported on the following correspondence from her office:
1.      Letter to Safieh at 95 Samoset Ave regarding possible violation of work performed within 100 foot of resource area.
2.      Letter to Nemetz at 346 King Phillip Road regarding possible alteration of property without notifying Conservation Commission (decking).


3.      Letter to Glaze at 625 Old Wharf Road advising him a letter needed to be sent to the DEP.
4.      Letter to Bliss re SE-77-985 request for extension.
5.      Letter to Young regarding request for Certificate of Compliance.  She stated the Commission was not satisfied with retaining wall and proper paperwork would need to be filled out.
She reported there would be clearing performed at the Herring River on 3/3 and 3/4/06 to allow the herring to pass.

Ginie Page moved to approve the Meeting Minutes of February 15, 2006 as amended; seconded by Cyndi Moe; passed 6-0.

Greenberg instructed Klink (Elliott property) that the Commission required an alternative analysis due to the subdivision occurring past the November 19, 2003 regulation changes.  

John DiBlasio reported on an article in the NY Times regarding a new law protecting trees and wildlife in California.  He stated he would like our Commission to consider some similar project.

Agent Greenberg will invite John Riehl from the Natural Resources Advisory Board to attend a Conservation Commission meeting to discuss the various projects and studies they are doing regarding opening the Mayo Creek, as well as the sand movement at Indian Neck, Duck Creek and Black Fish Creek.  Greenberg stated she had received a letter from a student at BU interesting in writing a thesis on aquaculture.  Greenberg recommends this student could study the Indian Neck sand movement.

Dottie Dolan requested Agent Greenberg check on the status of the Boriskin property.  

Public Hearings:

5:00 pm.  Kepes/Stone, 305 Way #625, Map 16, Parcel 632, RDA:  Upgrade septic system.  A site visit was made.  Emily Beebe represented the applicant.  All buldings will be hooked up to the new system.   She stated grading changes may be made in the parking area.  The retaining wall is existing.  Trees will be removed around the leaching area.  Tanks will be made of poly.  

Cyndi Moe identified this project as a Negative 3; seconded by Dottie Dolan; passed 6-0.
 
5:11 pm.  Zelinsky, 170 Pond Avenue, Map 29, Parcel 382, RDA:  Erect a six foot high stockade fence.  Ginie Page recused herself.  Chet Lay of Slade Associates represented the applicant.  He explained the applicants want to put a stockade fence around the property, starting at the 60 foot landward side of the property.  He explained they want to protect the property and the trees.  Dottie Dolan expressed concern for habitat passage.  A letter objecting to the project from Ronald and Constance Harper was read for the record.  There were several people attending the meeting objecting to the project.  

Paul Banner moved to approve the RDA as a Negative 3 and put conditions that provide for openings for habitat; seconded by Cyndi Moe.  Deb Giza, an abutter, asked why they are putting up the fence; Lay responded to avoid further tree cutting on the property.  Robert Jackson, an abutter, questioned


why they were not notified of the meeting and feels the fence will be a detriment to the area, since the path ties the community together and the abutters should be able to so something about it.  The
Commission responded the project is a Request for Determination and does not require notifying abutters.  Agent Greenberg stated the Commission has regulations they have to work within and cannot make decisions based on emotions.  Denny O’Connell stated people would be trespassing if they went through the path on the Zelinsky property.  Barbara Gray stated she opposes the project.

After further discussion, the Commission voted 3-2 to identify the project as a Negative 3 with conditions:
1.      The fence shall provide openings for habitat
2.      It was recommended the Zelinsky’s place the finished side of the fencing facing the outside of the property (this request is not in their jurisdiction).

Glaze, 625 Old Wharf Road, Map 35, Parcel 14, NOI:  Renourish beach (Cont’d from 9/21/05).  Agent Greenberg reported the applicant failed to receive a DEP number.  Cyndi Moe moved to continue the case indefinitely; seconded by Paul Banner; passed 6-0.

Ginie Page stated Mr. Pearson contacted the Conservation Trust regarding property on Old Wharf Road.  Due to a storm in December, fiber rolls were compromised.  She expects a request for a hearing.

Dottie Dolan moved to adjourn the meeting at 5:50 pm; seconded by Ginie Page; passed 6-0.
        
Respectfully submitted,


Christine Bates
Committee Secretary