Wellfleet Conservation Commission
Minutes of Meeting of April 18, 2007
Wellfleet Town Hall Hearing Room
4:00 p.m.
Present: Paul Banner, Lonni Briggs, John DiBlasio, Co-Chair; Dottie Dolan, Co-Chair; Cyndi Moe, PersonNameGinie Page, Edwin Reynolds
Staff Present: Hillary Greenberg, Conservation Agent; Andrew Petty, Assistant Conservation Agent and Mary Rogers, Committee Secretary
4:00 - Business Meeting
Co-Chair Dottie Dolan called the meeting to order at 4:05 p.m.
Dolan said the beach monitoring would take place May 5. She and John DiBlasio will attend.
Ginie Page said Article 33 of the Town Meeting Warrant calls for a recommendation from the Commission. The vote to recommend Article 33 was approved 7-0.
Agent Greenberg reported that the Brimm case had been dismissed.
Greenberg said the access was restored on the Agger property, and Petty reported that a new trespassing sign had been posted identifying private property .
Minutes of 4/4/07
Page moved to approve the amended minutes of the meeting of April 4, 2007. Briggs seconded, and the motion carried 7-0.
Other Town Meeting Articles
Agent Greenberg discussed Article 30 (now Article 29) in the Town Meeting Warrant. The Commission reconsidered their recommendation on the Article which concerned the Bruno property (Map 40, Parcel 143). Article 11 on the Estuaries Project was another Warrant Article of concern, according to Greenberg. The Commission had not been asked for a recommendation; however, Greenberg said this was an important study to endorse. Greenberg said she will speak on behalf of the Article at Town Meeting.
Endangered Species Program
Gordon Peabody had informed Dottie Dolan that he would be willing to repeat the
April 25 Truro program in Wellfleet at the Library or in a private home. She planned to set this up with him.
Other Business
Agent Greenberg announced that there would be an Emergency Preparedness Fair on May 5, 2007 at the COA.
Andrew Petty said that the clogged drains on Route 6 across from the South Wellfleet General Store had been examined. Because they are under State jurisdiction, the Mass. State Highway Department will be notified.
Moe discussed the absence of the boulders at the Two-Dollar Tee Shirt business on Route 6 and it was determined that the owners would be advised to delineate the parking area from the grass with a symbolic fence (Map 42, Parcel 22).
Public Hearings
Dolan opened the hearings and formal meeting of the Conservation Commission at
5:00 p.m.
5:08 pm 344 King Philip Road Schneider (Map 35, Parcel 178)
Mark Burgess from Coastal Engineering represented Schneider in a case that goes back to 1983 and needs to be closed before a sale of the property. Petty exhibited photographs taken at the property April 18, 2007. There are two COC’s for the property, Greenberg stated. The septic system was approved and a Certificate issued. The revetment was finished, but the beach below has become littered with chink stones and concrete chunks. ConsCom has no jurisdiction over the debris on the beach but would like it cleaned up as a courtesy improvement. Banner said he could bring this up with the association for the King Phillip Road neighborhood in which he lives. Greenberg suggested sending a letter to the Schneiders with a copy to the association. Moe moved to approve the COC for 344
King Phillip Road (Map 35, Parcel 178) with a letter to the Schneiders about cleaning up the chink stones on the beach. DiBlasio seconded, and the motion carried 7-0.
5:11 pm Town of Wellfleet, Kendrick Ave., Map 20, Parcel 6, RDA, replace existing deck with a new handicapped ramp at recreation building
Agent Greenberg explained the project at the recreation building. Moe moved to identify the RDA as a Negative 2. Page seconded, and the motion carried 7-0.
5:20 pm Town of Wellfleet, Duck Harbor to High Toss Rd., Maps 18, 19, 12, and 6: RDA, brush cutting of fire road
Greenberg said the Conservation Commission had walked the area and invited Gordon Peabody to come forward to discuss the project. He distributed and read a letter from the Herring River Technical Committee to the Conservation Commission. Peabody discussed the nature of the road upgrade with the Commissioners. Banner moved to identify this as a Negative 3. Reynolds seconded. The motion carried 7-0.
5:23 pm Franke,370 Gull Pond Rd., Map 9, Parcel 17.2, Certificate of Compliance
DiBlasio said he had been supervisor for this project and recommends approval. DiBlasio moved to approve the Franke COC, Dolan seconded. Greenberg stated the drain basin and leaching pit are to be maintained in perpetuity. The motion carried 7-0.
5:25 pm Ross, 945 Chequessett Neck Rd., Map 19, Parcel 98, Certificate of Compliance
Page said she had checked the stairs and access on the property. Banner moved to approve the COC, Moe seconded. Greenberg said she wanted the ongoing beach nourishment included as a requirement with an option of putting money in an escrow. The motion carried 7-0.
5:35 pm Cape Cod Nat’l Seashore, Spectacle Pond, Map 10, Tract #20-4202, NOI, construct new boardwalk
Ben Pierson and Dawna St. Louis of the NPS came forward to explain the work at the parking area and the boardwalk trail. St. Louis said the new boardwalk would be ramped, raised up and made of recycled lumber. They would remove the old boardwalk first. They discussed material on the trail and plans for a platform at the pond area itself. The wood would be ACQ treated lumber. Page moved to approve the NOI, Banner seconded, passed 7-0. Conditions: The plan dated 2-07 is to be included for Map 10, Tract #20-4202.
The supervisor for the project will be Agent Hillary Greenberg.
5:58 pm Ferris, 1005 Third Ave., Map 40, Parcel 8, AOOC, revised access to project and drift fencing
Mark Burgess of Coastal Engineering came forward to present the revised plans (dated 3/29/07) for access and drift fencing. Burgess said the drift fencing would be put in by hand after access had been achieved. Petty asked about use of the smallest excavators possible. Burgess said a deck would be removed and only partially replaced. Burgess said pervious material and vegetation would be placed in the disturbed area. Greenberg asked about further slowing of erosion through use of the fencing and sand placement. Burgess discussed replenishment of sand. Page said she’d like to see if straw worked. Moe had questions on old posts to be removed and the decking. Moe asked about notification to abutters for the amended Order of Conditions. Burgess read from an
Endangered Species Act letter with their recommendation protecting the diamondback terrapin. He discussed concerns for the turtle access and habitat with the Commissioners and with Dennis Murley who was present at the hearing. Murley said posts can be staggered with spaces in between the sections, creating an animal by-pass. Greenberg stated one opening is proposed. Burgess said there could be another opening at the border to the next property. Burgess said ConsCom is the legal authority, rather than Natural Heritage, but Greenberg said she would contact them for further understanding of their conditions for the turtles. Banner moved to approve the Ferris project revision dated 3/29/07 Revised plan C16705, Page seconded, passed 7-0.
6:30 pm Barnholtz, addressStreet205 Commercial St., Map 21, Parcel 116: RDA, new decking
PersonNameGordon Peabody came forward to discuss the project. He said the delineation had changed, and the new owner asked Peabody to present the plan. The entire cottage may need to be reconstructed, not just the deck. Moe asked if the owners wanted to build only the deck if there was to be a future demolition of the entire building. Greenberg cited regulations for demolition projects. Page considered the condition of the other buildings in the condominium property. Peabody distributed a letter dated 4/18/07 from Architects Studio to the Conservation Commission. The letter detailed the disrepair of the building as assessed by Wellfleet Building Inspector Paul Murphy. Greenberg discussed PersonNameZBA involvement and a time frame for the project. Moe said the
Barnholtzes would need a NOI if they were to move forward with the deck. Banner suggested that the deck could be considered a temporary structure, but Petty said it could become permanent after the house was rehabbed. DiBlasio said that the deck had to be out of the 50’ zone. Moe identified the RDA as a Positive 1 determination for Barnholtz, Unit 7 at 205 Commercial Street (Map 21, Parcel 116) and deny the RDA without prejudice. Banner seconded, carried 7-0.
The Commissioners asked Peabody if he could present the Endangered Species presentation in Wellfleet, and he agreed to schedule it.
6:35 pm Elliott, 3B Indian Neck Road, Map 28, Parcel 231: AOOC: Installation of crushed stone driveway, cobblestone apron, brick walkway, installation of post light and additional foundation plantings (Cont’d from 04/04/07)
Moe moved that the case be continued until May 2, 2007. Reynolds seconded, passed 7-0.
6:47 pm MacGibbon/Alter, 354 Main St., Map 14, Parcel 8, NOI, demolish two existing structures and construct one single structure
Richard Lay of Slade Associates came forward to present the revised plan dated 3/26/07. He said a single building would replace the two stores to be demolished. The distance from the marsh would be increased, Lay said. There is a drainage trench for run-off. Lay gave the calculations for the area of development and area of disturbance, which is under 5,000 square feet. All disturbed areas will be re-vegetated by plantings approved by the Commission. He reviewed the work protocol. MESA had previously received a filing. Lay sent MESA a revised plan which indicated the project needed to comply with the earlier conditions. That means construction would not begin until the fall. Further discussion concerned moving the building further out of the resource area,
parking, and the second access into the building. Banner moved to approve Plan 2006-137 as revised March 26, 2007, Moe seconded, passed 7-0. Cyndi Moe will be supervisor of the project.
The meeting and hearings adjourned at 6:50 p.m.
Respectfully submitted,
Mary Rogers, Committee Secretary
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