Minutes of Conservation Commission Public Meeting
Date: January 2, 2008
Time: 4:00 pm
Location: Town Hall Hearing Room
Commissioners Present: Co-Chair Dottie Dolan, Co-Chair Ed Reynolds, John DiBlasio, Cyndi Moe Terry Gips, and Ginie Page
Staff Present: Hillary Greenberg, Conservation Agent, Andrew Petty, Assistant Conservation Agent and Christine Bates, Committee Secretary
4:00 - Business Meeting & Conservation Agent's Report
Co-Chair Dottie Dolan called the meeting to order at 4:00 pm.
The National Debris Monitoring Program binder identifying debris from Wellfleet to the southern states is available for the commission’s review.
Mail:
· Schedule for access to Egg Island.
· Report on the light pole which came down on Rte 6 and Gull Pond Road and a copy of the Emergency Certification.
· Report from the National Seashore regarding mercury in the ponds and where the sign are located.
· Notice of Storm Water Management workshop in Harwich on February 8, 2008.
· James Lazell letter regarding the box turtles on Bayberry trail. Agent Greenberg did not comment back to him and it is after the fact.
· Copies of Agent Greenberg’s letters.
· A copy of a letter directed to Mark Vincent regarding Lt. Island Road draining into wetlands and Compass Hill Rd..
· Article regarding bees
· Various brochures
· An article on Irrigation techniques for personal property.
· Grant money available (fall of 2008) from MA Wildlife Incentive Program, encouraging people to maintain grasslands and habitats on privately owned lands.
· A letter from Agent Greenberg to Shellfish Department regarding debris left on beach from shell fishermen.
John Riehl gave the history of the Mayo Creek dike. He stated the water quality is not good, it is stagnant in summer, has a high coliform count, and the floodplain is covered with phragmites. Riehl would like the Commission to play a role in restoring the salt marshes and restore the water quality. There are four properties that would be affected by the restoration which would allow a two foot elevation in water through the dike, using a tidal gate. He requested the Commission write a letter of support for the concept of this project. Cyndi Moe moved to write a letter of support for the concept of a tidal restoration of Mayo Creek; seconded by John DiBlasio; passed 6-0.
John Reihl stated Falmouth has a proposed project to save their shoreline. He is proposing the Conservation Commission and NRAB constitute themselves as a committee to oversea Wellfleet’s problem and look at the erosion rates in the harbor beach by beach, not each individual property. He wants to minimize the harm that has been done due to revetments. Agent Greenberg stated she could request Jim O’Connell and Jeff Donnally put together the cost and what the benefits would be. Riehl feels the town needs to create a plan and private property owners need to financially support the project. Ginie Page pointed out many people do not have a historical memory of what the beaches were like and suggested there be an educational program. Terry Gips and John DiBlasio volunteered to be
on the subcommittee.
John Riehl expressed concern regarding the ACEC. He met with the ACEC coordinator at the State level. He stated the town of Chatham reviewed each type of environment and discussed the regulations that were appropriate for each environment. He questioned the Commission if the current regulations that are in place in Wellfleet are sufficient. He recommended putting a buffer around the ACEC with a regulation that would not allow any impact on the areas.
Agent Greenberg received a request for a conservation restriction on property owned by Ziering located at 105 Pilgrim Spring Rd. The Commission would hold the restriction and Trust would own the land. Ginie Page moved to approve the conservation restriction; seconded by Terry Gibs; passed 6-0.
Jurisdictional Opinion:
Olga Kahn, 30 Marshview, removal of large dying tree. Ginie Page moved to approve the Jurisdictional Opinion; seconded by John DiBlasio; passed 6-0.
Outer Cape Health. Install shed on property. John DiBlasio moved to approve the Jurisdictional Opinion for the shed; seconded by Cyndi Moe; passed 6-0.
Sorokin and Wolf, 6 Holbrook Ave., replace one for one an 8 inch block wall. Cyndi Moe moved to approve the Jurisdictional Opinion; seconded by John DiBlasio; passed 6-0.
Public Hearings 5:00 pm:
5:04 pm. Murray, 410 King Phillip Rd., Map 35, Parcel 186, Certificate of Compliance. Partial Certificate for the building and not the landscaping. John DiBlasio moved to issue a partial Certificate of Compliance; seconded by Cyndi Moe; passed 6-0.
5:11 pm Geiger, Baker Rd Extension, Map 29, Parcel 335.1, Certificate of Compliance. Richard Lay of Slade Associates represented the applicant and identified the discrepancies of the “as-built” to the approved plan. The decks and brick walk were changed as well as the stoop. The total development is less than what was proposed but the applicant did not contact the Commission with a request for an amendment. The stoop and part of the walkway is within the 50 foot buffer zone. Agent Greenberg stated most of the work is in the 50 to 100 buffer zone. Cyndi Moe moved to deny the Certificate of Compliance. After further discussion, Cyndi Moe moved to amend her motion to grant the Certificate of Compliance; seconded by Ed Reynolds; passed 5-1. Cyndi Moe moved to fine Geiger $200 for not coming to ask permission to make changes; seconded by John DiBlasio; passed 6-0.
Currier, 1065 Chequessett Neck Rd., Map 19, Parcel 91, Extension of Order of Conditions (Cont’d from 12/05/07). Reggie Donahue of Coastal Engineering represented Currier and gave an overview of the approved NOI. He stated the project has not changed and they are waiting the sale of the property. John DiBlasio moved to grant a 3 year extension; seconded by Ginie Page; passed 6-0.
Zimmerman, 715 Chequessett Neck Rd., Map 19, Parcel 113, NOI, Revetment repair (Cont’d from 12/05/07). Don Monroe from Coastal Engineering represented the owner and stated the owner agreed to file for a Chapter 91. Monroe stated there are two areas for emergency repair identified in the revised plan 12/19/07 with the limit of work to eventually improve the entire wall. The repair in the two areas where the revetment is damaged will be started immediately. The bank will be reestablished where the blow out is, the septic system will be filled in, revegetation will take place, and area in front of the dwelling will be repaired where the rocks are caving. The majority of the revetment is licensed and they are looking to rebuild the entire wall. The large cedar tree will be
removed. There is a beach nourishment plan, which will be an ongoing condition. DEP assigned SE77-1151 as the number for the project. The Division of Marine Fisheries has not responded. Cyndi Moe moved to continue to February 6, 2008; seconded by Ginie Page; passed 6-0.
Keller, 855 Chequessett Neck Rd., Map 19, Parcel 104, NOI, extend existing revetment (Cont’d from 12/05/07). Felco Engineering requested a continuation to February 20, 2008. Terry Gibs moved to continue to February 20, 2008; seconded by Ginie Page; passed 6-0.
Miller, 120 Samoset Ave., Map 28, Parcel 130, NOI, addition and extension of decking (Cont’d from 12/05/07). Gordon Peabody and Joy Cuming represented the applicant. Gordon stated he supplied the additional storm water information requested and Natural Heritage responded. DEP assigned 77-1156 as the number for the project. John DiBlasio moved to approve the NOI; seconded by Cyndi Moe; passed 6-0. Supervisor: Cyndi Moe.
Danforth, 5 Holbrook Ave., Map 21, Parcel 105, Enforcement Order. Agent Greenberg stated the Enforcement Order was issued, two tickets for $200.00 were issued and Danforth is working with Gordon Peabody on the project. Danforth has filed a NOI for the completion of work.
Business Cont’d
Cyndi Moe moved to have Agent Greenberg notify the shellfish community that the Conservation Commission is not happy with the condition they are leaving the beaches in and we require their cooperation in cleaning up the area; seconded by Ed Reynolds. Passed 6-0.
Cyndi Moe move moved to adjourn at 6:00 pm; John DiBlasio; passed 6-0.
Respectfully submitted,
Christine A. Bates, Committee Secretary
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