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Conservation Commission Minutes 05/17/06
Minutes of Conservation Commission Public Meeting

Date:           May 17, 2006
Time:           4:00 PM
Location:       Wellfleet Senior Center

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

Regrets:  Lonni Briggs and Cyndi Moe

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

Meeting called to order at 4:00 P.M. by Co-Chair Ginie Page.

Business Meeting:

The Commission finalized the letter authored by the Open Space Committee and Conservation Commission being sent to abutters of conservation land.  
Agent Greenberg’s Input/Report:
Correspondence:  
1.      Agent Greenberg reported there is a seminar on Chapter 91 scheduled for May 18, 2006 from 10:00 am to 12:00 at Cape Cod Community College.
2.      A list of armored properties was given to Paul Banner for identifying beaches with chink stone.
3.      Beach grass was illegally removed from Fox Island Marsh.
4.      Shellfish Warden, Andy Koch, notified a contractor that damage was done to some oyster beds in the Indian Neck area.  
5.      The structure located at 175 Cliff Road has not gone over the dune as yet.  Electricity has been turned off and the oil tank has been removed.
6.      Various brochures, newsletters and notices of seminars were distributed.



7.      Agent Greenberg read a letter from Bob Perry regarding the progress at the Massari property located at 244 King Phillips Road.
8.      Agent Greenberg will write a letter to Allison Palmer regarding the vista pruning on 500 Old Wharf Road.
9.      Agent Greenberg is scheduled to meet Barbara Lovett about the Anawan Road pruning.
10.     There is no activity at the Kite Shop located on Commercial Street where fiber rolls had been left.
11.     The pipe located at Mac’s Shack on Commercial Street was for an old lobster tank which is no longer in use.  The fence is considered an exempt activity, even though it is located in the buffer zone.  Agent Greenberg will e-mail the Commissioners the regulations regarding fencing.
12.     Agent Greenberg made contact with Kevin Rose at 33 Money Hill Road regarding the stones and sand pile.

Mark Burgess of Coastal Engineering, discussed the revetment at the Kandel property, which abuts the Donalds.  The Commissioners expressed concern that the revetment protrudes approximately 5 feet past the Donald’s wall.  If the rocks were to line up with the Donalds timber bulkhead, a section of the bank would have to have been excavated.  The rocks used to build the revetment are larger; however, they are within the approved plan.  Burgess suggested the Commission have a preconstruction meeting and site visit for any future revetments on the beaches.  Agent Greenberg questioned why there are pools of water under revetments, even at low tide.  Burgess stated it could be fresh water coming from the ground containing clay.  He also stated it would be important to determine if it was the top or bottom of the toe stones that are exposed.

Abutters to the Brimm property stated they wanted to make sure they had access to the beach at the end of 2nd Avenue on Lt. Island Road.  They expressed concern about the deterioration of the bank because many people walk through the area.  The Commission had expected Attorney Landreth to come to the meeting for a discussion, but he did not attend.   

There was a discussion regarding salt marsh destruction caused by fungal bacteria.

Paul Banner moved to approve the meeting minutes of 05/03/06 with amendments; seconded by Dottie Dolan; passed 5-0.
            
Public Hearings:

5:00 pm  Shapiro, Phillip, 56 Warren St., Map 36, Parcel 107:  Request for extension (new dwelling).  There will be no change to the Order of Conditions.  Dottie Dolan moved to approve the request for an extension (3 years); seconded by Ed Reynolds; passed 5-0.

Pine Knoll Developers (Venell, Jane Law), 340 Lt. Island Road, Map 41, Parcel 50, RDA, new driveway and dwelling in buffer zone.  David Lajoie of Felco Inc. represented the applicant.  Discussion took place regarding the proposed new driveway directly off Lt. Island Road and the possibility of the applicant to utilize the existing dirt driveway on the east side of the property, which is outside of the buffer zone.  This would entail an agreement between the potential buyer of the property and the abutter.    John DiBlasio requested David Lajoie move the dwelling completely out


of the buffer zone.  Ed Reynolds moved to identify the RDA as a Negative 3; seconded by Dottie Dolan; passed 5-0.  David Lajoie will supply new plans to the Commission showing the new dwelling location.

Lewis, Carla, 465 Lt. Island Road, Map 41, Parcel 108, NOI, re-asphalt driveway in buffer zone.  A site visit was made.  Don Lewis accompanied Ms. Lewis, who stated this is a year round dwelling and the drive way is at a 45 degree angle, therefore requiring asphalt.  The Commission requested that Ms. Lewis supply a plan utilizing a pervious material rather than asphalt.  Since no DEP number had been assigned nor had a letter from Natural Heritage been received, Dottie Dolan moved to continue the hearing to June 7, 2006; seconded by Ed Reynolds; passed 5-0.

Brintall, Scott, 26 Pine Point Road, Map 21, Parcel 69, NOI, septic upgrade.  A site visit was made.  Emily Beebe represented the applicant.  The DEP number assigned is SE77-1102.  The entire lot is within the ACEC.  Beebe gave an overview of the septic system which has been approved by the Board of Health.  The dwelling is year round and the system had failed.  Beebe and Agent Greenberg agree this is the best plan for the parcel.  The driveway will remain pervious.  Agent Greenberg requested the applicant get a letter from the abutter regarding the work limit on their property.  Paul Banner moved to approve the NOI with conditions; seconded by Ed Reynolds; passed 5-0.  Agent Greenberg is the supervisor.

Murray, John & Heather, 410 King Phillip Rd., Map 35, Parcel 186, NOI, renovation to existing dwelling in buffer zone.  David Lajoie represented the applicant.  A site visit was made.  DEP 77-1100.  Mark Hammer accompanied Mr. Murray.  The project consists of an addition to a dwelling within the 50 foot filter strip.  The current retaining wall within the buffer zone will be removed.  The dwelling will no longer have a walkout basement and will have a smaller habitable area.  Dottie Dolan moved to approve the NOI with conditions; seconded by Paul Banner; passed 5-0.  Paul Banner will be the supervisor.    

North, Kevin, 64 Beach St., Map 35, Parcel 11, NOI, Septic Upgrade.  SE 77-101  David Lajoie represented the applicant.  A site visit was made.  The project has been approved by the Board of Health.   The septic upgrade will utilize  I/A technology and the new well will be installed by hand.  Access to the work zone will be from Old Wharf Road and the disturbed area will be revegetated.  Ed Reynolds moved to approve the NOI with conditions; seconded by Paul Banner; passed 5-0.  Agent Greenberg will be the supervisor.

Elliott, Darryl, 3B Indian Neck Rd., Map 28, Parcel 231, NOI, demolition & reconstruction of single family dwelling.  (Cont’d from 03/15/06).  Tim Klink of Coastal Land Design accompanied Mr. Elliott.   A new 24’ x 34’ structure is proposed with decking and a sunroom on sonotubes.  Klink stated he felt the proposed boardwalk was important to keep foot traffic off the land.  There will be no walk out basement.  Due to zoning bylaws, the dwelling will be located 32 feet from the road.  The applicant wishes to maintain the existing driveway and plantings.  The area where the older building was located will be filled and revegetated.  The proposed building will be constructed after demolition of the older building.   Dottie Dolan moved to approve the NOI with conditions; seconded by Paul Banner; passed 5-0.  John DiBlasio will be the supervisor.




Bruno, Jeffrey, 55 Seventh St., Map 40, Parcels 143, 175 and 181, NOI, rock revetment.  The applicant requested a continuation to June 7, 2006.

Paul Banner moved to adjourn the meeting at 6:45 pm; seconded by Ed Reynolds; passed 5-0.
        
Respectfully submitted,

Christine Bates
Committee Secretary