Minutes of Conservation Commission Public Meeting
Date: June 7, 2006
Time: 4:00 PM
Location: Wellfleet Senior Center
Commissioners Present: Co-Chair John DiBlasio, Co-Chair Ginie Page, Dottie Dolan, Lonnie Briggs, Ed Reynolds, and Paul Banner.
Regrets: 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 John DiBlasio.
Business Meeting:
Attorney Duane Landreth requested an Amended Order of Conditions for Michael and Linda Brimm at 160 2nd Street, Map 40, Parcel 102. He stated he wanted the orders to match the affirmation of orders issued by the state. The original Order of Conditions issued in 2003 were appealed and the appellant and the Brimms were able to agree to a new plan with new conditions which the state incorporated. Due to further erosion which has taken place since the appeal, a new plan was submitted to the state in December 2005 which included adding two drift fences with the same amount of fiber rolls, allowing sand to go over the Brimms property and more sand to be deposited on the Wood (appellant) property. The new plan would eliminate the stairs to the beach which was previously approved by the
Conservation Commission under the original Order of Conditions. He stated the Brimms eliminated the stairs due to economics and not knowing what the configuration of the reconstructed dune would be. He requested the Commission refer to affirmation 1 through 6 which would substitute for Page 9, Paragraph 7, which will match the state Order of Conditions. The original Order of Conditions stated no work would take place between June 1 and October 1 due to terrapin. However, Bob Prescott of the MA Audubon is agreeable that work could go forward with the stipulation the Audubon is involved as a representative.
Discussion took place regarding the need for an Amended Order of Conditions to be on the agenda and be held during the Public Hearing timeframe of a meeting. The Commission also expressed their desire to review the materials before taking a vote.
Don Nagle, Attorney for abutter Woods, stated the case is currently in Superior Court and the appellant is willing to drop the case if the conditions are the same for the State and the Wellfleet Order of Conditions. He encouraged the Commission to vote on the requested Amended Order of Conditions so the case could be withdrawn from the Court. Abutters Garfinkel and Sullivan expressed their concern regarding access to the beach if the stairs were eliminated. They stated there will be further erosion if there is not a stairway due to foot traffic and people launching kayaks, etc. They stated the neighborhood might be interested in pooling their money together to ensure there is access, but want it noted as a condition. Landreth stated DEP would not have a problem with a
stairway; however, a plan would have to be made and be presented to the Commission as a new Notice of Intent.
Agent Greenberg advised the lawyers there is paperwork for an amended Order of Conditions and an ad would have to be run for the public hearing. Ginie Page moved to have the request heard at a public hearing; seconded by Paul Banner; passed 6-0.
Public Hearings:
5:00 pm Wechsler, 101 Samoset Ave., Map 28, Parcel 110: RDA, construct 2nd story addition. Chet Lay of Slade Associates and Jay Horowitz, Architect, represented the applicant. Lay stated there will be no work done on the ground and building materials will be stored outside of the buffer zone. ZBA has given their approval. Ginie Page moved to determine this project is a Negative 3; seconded by Ed Reynolds; passed 6-0.
5:04 pm Kipp, 154 Kendrick, Map 20, Parcel 17: Construct wall. Mr. Kipp was not present when the hearing was called. Ginie moved to continue the case to June 21, 2006; seconded by Ed Reynolds; passed 6-0.
Lewis, 465 Lt. Island Road, Map 41, Parcel 108, NOI, re-asphalt driveway in buffer zone (Cont’d from 05/17/06). At the request of the Commission, Ms. Lewis was to identify pervious materials to use in place of the asphalt. She agreed to use gravel. The Commission will allow the asphalt already in place at the top of the driveway and the apron to stay. Dottie Dolan moved to approve the NOI; seconded by Ed Reynolds; passed 6-0.
Footit, 10 Bayview Ave, Map 35, Parcel 33: NOI: renourishment of bank(Cont’d from 05/24/06). Mr. Footit requested to withdraw the current NOI in order to apply for a new NOI which will have professional renourishment plans and a site plan.
Bruno, 55 Seventh St., Map 40, Parcels 143, 175 and 181, NOI, rock revetment (Cont’d from 05/17/06). The applicant requested a continuation to June 21, 2006. Ginie Page moved to continue to June 21, 2006; seconded by Lonnie Briggs; passed 6-0.
Kipp, 154 Kendrick, Map 20, Parcel 17: Construct wall. Mr. Kipp appeared at the hearing, stating the wall was already constructed. Agent Greenberg feels the wall is capable of allowing water to pass through as it is not sealed. The Commission expressed concern regarding the lot coverage and the fact that the property is in the flood plain and has an existing cesspool. Mr. Kipp stated he is looking at getting a Title 5 septic system. Paul Banner moved to approve the NOI for the rock wall; seconded by Dottie Dolan; passed 6-0.
Business Meeting (Cont’d).
Jurisdictional Opinions
Dennis Murphy of the MA Audubon, requested permission to place 14 sonotubes within the edge of the 100 foot buffer zone for the installation of a solar unit. Paul Banner moved to approve the JO; seconded by Dottie Dolan; passed 6-0.
Paul and Marie Lovely of 30 Kendrick Avenue requested a Jurisdictional Opinion to replace outside stairs which are not safe. The project would include installing 4 sonotubes, which would be hand dug. Paul Banner moved to approve the JO; seconded by Ginie Page; passed 6-0.
Thomas and Victoria of 35 Sea Oaks Way are requesting a Jurisdictional Opinion to perform vista pruning. Andrew Petty made a site visit and requested the Commission visit the site. Dottie Dolan moved to approve the JO; seconded by Ginie Page; passed 6-0.
Phillip Shapiro of 56 Warren Street requesting permission to install a gas tank underground. Ginie Page moved to approve the JO; seconded by Ed Reynolds; passed 6-0.
Meeting Minutes
Ginie Page moved to approve the meeting minutes of May 24, 2006 with amendments; seconded by Paul Banner; passed 6-0.
Discussion / Other
Paul Banner stated all the revetments have chink stones in front of them on Indian Neck (with the exception of the first house on Omaha Road). Agent Greenberg suggested we invite the property owners to a meeting to educate them and come up with a solution to the problem. There was discussion on questioning EZ Doze It to clean up the area. It was noted plantings on the side of Omaha Road are destroyed due to work being performed at the Massari property. Ms. Greenberg will place a call to EZ Doze It to confirm Massari’s project is complete.
Banner requested Agent Greenberg to see if trash barrels could be placed on King Phillip and Omaha Beaches.
Agent Greenberg reported the following
· The decking at 175 on Cliff Road is now in the dune
· The Herring River Technical Committee will hold a day long meeting on June 22, 2006 at the COA.
· Americorp finished the trail repair at Cannon Hill.
· The estuaries sampling will start on June 19, 2006
· The marsh grass fungus is being monitored.
· Harbor Management met on ACEC. Ginie would like to have a letter written to increase the ACEC boundaries, which would identify Eel Creek, Head of Black Fish Creek east of Route 6, and Head of Fresh Brook east of Route 6.
· John DiBlasio attended the Chapter 91 seminar.
Additional discussion took place regarding the Brimm request for an Amendment to the Order of Conditions. Agent Greenberg stated the renourishment was not done, and this could be added as an additional condition to the amendment.
Lonnie Briggs reviewed the correspondence, which included a letter Agent Greenberg wrote to Ms. Palmer regarding vista pruning on Morse property, and various bulletins and newsletters.
Ginie Page moved to adjourn the meeting at 6:30 pm; seconded by Ed Reynolds; passed 6-0.
Respectfully submitted,
Christine Bates
Committee Secretary
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