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Conservation Commission Minutes 09/06/06
fDate:       September 6, 2006
Time:           4:00 PM
Location:       Wellfleet Senior Center

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

Staff Present:  Hillary Greenberg, Conservation Agent,  Andrew Petty and Christine Bates, Committee Secretary
Meeting called to order at 4:05 P.M. by Co-Chair Dottie Dolan
4:00 - Business Meeting & Conservation Agent's Report

Ginie Page moved to accept the meeting minutes of August 16, 2006; as amended; seconded Cyndi Moe; passed 6-0.

Mail:
·       Letter from Tom Peters  responding to Agent Greenberg regarding the walking trails.  Trails are not within the jurisdiction of the Ponds and Waterways Committee.
·       August 16 letter from the Planning Board requesting signoff  of the Parkington Subdivision.  The property abuts Audubon and does not abut any water or wetlands.  The Commission signed off their approval.  
·       Renewable fuel efficiency newsletter
·       Material on FEMA floodplain management workshops

Jurisdictional Opinions

Michael Brimm, Lt. Island, requested placing a minimal split rail fencing at bank to prevent people from walking down the path which is located on his property.   Moved and seconded to approve the Brimm Jurisdictional Opinion; passed 6-0.

Carol Fletcher, 210 Forest Street, requested permission to cut pine trees which are leaning over her dwelling.  Andrew Petty made a site visit and stated the dwelling is located 50’ from Dyers pond.  Cyndi Moe moved to approve the Jurisdictional Opinion at 210 Forest St. at Dyers Pond, seconded by Paul Banner; passed 6-0.

Agent Greenberg reported that an Emergency Order for an oil spill at 140 Fox Island was issued.  The owners are not living at the residence at this time because of the spill.   The clean up will be an on-going effort and is being monitored.  

Cyndi Moe requested follow-up information on the following issues:
·       Agent Greenberg stated there were no violations in the food preparation at Mac’s Shack based on their site visit.  
·       Agent Greenberg reported she discussed the stump dump with the DPW and they state it is out of the wetland.  Cyndi Moe stated the entire property was considered a flood plain area in the past.  Moe concerned with the amount of fill in the area.  Hillary thinks someone from the Commission should go to DPW and talk with the Director.  Agent Greenberg  will check to see if she has the elevation of the stump dump.  
·       56 Warren Street:  Representatives from the DEP made a visit to the site.  They arrived at the site early and left before Agent Greenberg got to the site.  
·       Agent Greenberg confirmed she sent a letter to Comcast and had not received a response yet.
·       Agent Greenberg talked with Gordon Peabody about transplanting ground covers.  It is possible, but requires nurturing to survive.  
·       Agent Greenberg reported that Audrey Danforth’s septic is not complete because the stones installed for the septic had to be replaced because they were dirty.  She anticipates the septic will be completed within a week or two.  She is not aware when the house will be lowered to the foundation.  Greenberg will make a site visit to determine if the house will be using oil or propane.    

Paul Banner reported the barrel located at Omaha Rd was being used as a garbage receptacle by fishermen and people dumping their house refuse in them.  Paul requested barrels be removed from both time King Phillip Road and Omaha Road.  Agent Greenberg reported the DPW does not want to be responsible for the barrels.   Hillary will send a memo to the DPW and state there is a need for barrels at both locations and will ask if they would include emptying the barrels in their duties.
  
Dottie Dolan reported the Open Space Committee did not mail the letters to the abutters of Town owned land in the spring and asked permission to mail them in the fall.  The Commission agreed to their request.    

Andrew Petty reported Gordon Peabody, Chair of the Herring River Technical Committee, would like to make a presentation to the Commission.  It was agreed to invite him to the September 20, 2006 meeting at 4:00 pm..

Public Hearings timeMinute40Hour185:00 pm:

Parlante, 50 Kendrick Ave., Map 20, Parcel 171:  RDA, Dig test well.  Michael Parlante represented his mother and stated she would like to dig a test well behind the restaurant (Book Store) to check for  better water quality.  A letter from Robert Fornier, owner of the property, gave permission to the applicant.  Cyndi Moe moved to determine this as a Negative 3; seconded by Ginie Page; passed 7-0.  

Lewis / Johnson, 2048  Harborside Village, Map 20, Parcel 19, RDA, remove decking and replace with screened porch and decking.  Agent Greenberg stated she talked with Barry Smith, the Treasurer of the Harborside Village Association.  He reported they will not give their approval for any alterations to structures in the park until the entire property has been approved by the ZBA.  Therefore, the applicant withdrew her application without prejudice.  Paul Banner suggested Agent Greenberg go to Town Counsel for their opinion on any future alterations and building.  Ginie Page moved to approve the request to withdraw without prejudice; seconded by Paul Banner; passed 7.0.  

Cassano, 65 Atlantic Ave., Map 36, Parcel 54, RDA, construct additional driveway (Cont’d from   08/16/06)  Applicant requested a continuation to September 20, 2006 in order to place stakes in appropriate location and provide new plans.  Cyndi Moe moved to continue to September 20, 2006; seconded by Ed Reynolds; passed 7-0.

Malcynsky, 115 Kendrick Ave., Map 20, Parcel 10, NOI, removal of rosa rugosa in buffer zone
Jonathan Rice, landscaper, represented the applicant.   The Commission expressed concern about the 50’ filter strip.  Rice stated he would replace some of the rugosa, and add a non-treated wood barrier between the rugosa and lawn area to establish an edge.  Rice described the work area.  The Commissioners recommended that no fertilizers be used.   No DEP number has been received; therefore, the case will have to be continued.  Cyndi Moe moved to continue to September 20, 2006; seconded by Ginie Page; passed 7-0.   

Outerwater Trust, 31 9th St., Map 40, Parcel 147: NOI:  construct garage and decking (Cont’d from 08/16/06)  John Schnaible represented the applicant.  Adjustments were made to the plan: the garage will be reduced to 20’ x 22’ and located further away from the bank.  There will be no fill outside of the garage.  Downspouts will be placed on existing and proposed structure to direct runoff into a holding container for reuse.    Schnaible stated there will be less than 5,000 square feet of total disturbance on the property.  Schnaible pointed out there is a roadway located between the wetland and property.  Agent Greenberg questioned the height of storm events and the owner stated the water has come just over the roadway on the marsh side.  The applicant agreed to move the garage four feet closer to the dwelling.  Cyndi Moe then moved to approve the  NOI; seconded by Ginie Page; passed 7-0.  Conditions include Construction Protocol, Project Narrative, storage of materials shall be located in the driveway, native species to be utilized in the landscape plan, and all work must be completed during the period 1 October to 1 April.  If work cannot be completed during this period, the entire work site should be encircled with silt fencing throughout the construction period to prevent Diamondback Terrapins from entering the work site and being harmed.  An access point for vehicles shall be created with a temporary barrier which can be removed and replaced as vehicles enter or leave the site.  Cyndi Moe assigned as supervisor.

Lewis, 420 Cove Rd., Map 28, Parcel 26, NOI: Construct single family dwelling (Cont’d from 08/16/06).  John Schnaible represented the applicant.  A site visit was made.  Schnaible reported this will be a 5 bedroom single family dwelling.  There will be a new septic system installed but existing SAS will remain as a drywall.  All work will be outside of the resource area but the work will be within the ACEC which goes through the decking area.  There will be minimal filling.  A letter from abutters was read into the record with concerns.  Natural Heritage stated this location has diamond terrapins and eastern spadefoot toads.  Cyndi Moe moved to approve revised drawing C13658.01 dated 07/13/06 with conditions; seconded by Ginie Page; passed 7-0.   Ginie Page is the supervisor..         


Pearson, 0 Bayview Ave, Map 35, Parcel 212, NOI, Replace fiber rolls with rock revetment and add stone steps into revetment .  Mark Burgess of Coastal Engineering represented the applicant.   Ginie Page recused herself.  A letter dated July 21, 2006 from the Wellfleet Conservation Trust was read into the record stating that it has no objection to the project on their property.  Burgess stated the fiber rolls were damaged by a storm in December 2005.  Burgess gave an overview of the project.  To monitor the renourishment, a bench mark will be placed at elevation 6 feet 5 inches and will be monitored regularly.  This will determine the amount of sand needed to renourish.   The town road will be restored after construction.  The existing fiber rolls which are in good shape will be incorporated into the revetment.  No chink stones will be used.   Coastal Engineering will monitor the work and ensure compliance with clean up.  The plan notes will be revised to include the placement of a benchmark.  No work will start without abutter, Glaze’s, access concent.  Ed Reynolds moved to approve plan C15472.01 revised on 9/6/06; seconded by Paul Banner with conditions; passed 6-0.  John DiBlasio will be the supervisor.    
  
Pierce, 925 Chequessett Neck Rd., Map 19, Parcel 100, NOI, reconstruct existing bulkhead (Cont’d from 08/16/06).  Cyndi moved to continue the case to Sept. 20 at the request of the applicant; seconded by Ginie 2nd, passed 7-0.

Cyndi Moe moved to adjourn at 6:40 pm; seconded Ed; passed 7-0.

Respectfully submitted,


Christine Bates
Committee Secretary