Minutes of Conservation Commission Public Meeting
Date: December 5, 2007
Time: 4:00 pm
Location: Town Hall Hearing Room
Commissioners Present: Co-Chair Dottie Dolan, John DiBlasio, Cyndi Moe Terry Gips, and Ginie Page
Regrets: Cyndi Moe and Ed Reynolds
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 4:05 pm.
Gordon Peabody distributed a stabilization and revegetation update of the Neighborhood Garage. He noticed a pile of sandy earth that is too close to the bank and will request it be relocated.
Andrew Petty reported he and Agent Greenberg made a site visit to Nauset Road where they discovered an individual driving through the area at low tide. The individual was advised not to drive in the area. Andy Koch, Shellfish Warden, was advised of the issue. A sign will be posted advising no vehicular traffic will be allowed on the woodland area. Petty stated a letter will be written to the Shellfish Advisory Board.
Alfred Pickard and Beth Berrio requested the Commission change the times of access to Egg Island for shell fishing. Pickard requested cutbacks on the hours of access, stating there are people abusing the access by harvesting at night. Instead of utilizing the tide chart for access, they are requesting a minus one foot or better tide from sunrise to sunset. Pickard stated if there were an emergency situation due to a storm, they would call the office and ask for permission to access. John DiBlasio moved to amend the access timeframe with one foot or better tide to sunrise and sunset, with the exception of emergencies; seconded by Ginie Page; passed 4-0.
Robert Prescott of the MA Audubon gave an overview of restoring the oyster reefs off Lt. Island. Prescott has been in discussion with Andy Koch regarding the history of the oyster population in the area and has presented his project to the Shellfish Advisory Committee as well as the Board of Selectmen. This will be an experimental site, utilizing reef balls which are made of cement. They would be buried in the sand with a height of 18 inches above the sea floor. Prescott stated he will research if they need Chapter 91 approval. There are two acres available located by two rocks off the island. Scientists will be looking at diseases and the health and longevity of oysters as a control factor to make sure this is a sustainable project. He stated the reef will grow over time.
Andy Koch stated the oyster reef by the Herring River dike were not healthy. Prescott does not know how long it will take to get a healthy and high quantity shellfish bed. He will be getting all necessary paperwork together and apply for a NOI.
Andy Koch, Shellfish Warden, reported he did an oyster relay near and up the Herring River. He moved some of the contaminated oysters to other areas. He did not want to wait until Spring due to the contamination and was concerned with people taking contaminated oysters and selling them. He got a permit from the State and received permission from the Board of Selectmen and Shellfish Advisory Committee. He was not aware he had to come to the Conservation Commission. He removed 200 bushels of oysters and shellfish and scattered the shellfish to other areas. There was discussion about the quality of the water in the Herring River area.
Jurisdictional Opinions:
Stossel, 85 PersonNameBillingsgate Rd., Map 34, Parcel 16: The request is to drill 3 soil test borings. The property is exempt from the Wetlands Protection Act. The borings will assist in a plan to stabilize the upper bank. Ginie Page moved to issue a Jurisdictional Opinion; seconded by John DiBlasio; passed 4-0.
Cataldo, 97 Pine Point Way., Map 21, Parcel 52: Demolish the house and rebuild a dwelling. Only a small portion of the deck is what requires the Jurisdictional Opinion. Terry Gips moved to approve the Jurisdictional Opinion; seconded by Ginie Page; passed 4-0.
Fleit, a65 Vanessa Way, Map 29, Parcel 246, Replace an existing utility shed on sono tubes. Ginie Page moved to approve the Jurisdictional Opinion; seconded by Terry Gips; passed 4-0.
Hartswick, 40 1st Ave, Map 30, Parcel 124: Trim back oak limbs from the roof. John DiBlasio moved to approve the Jurisdictional Opinion; seconded by Ginie Page; passed 4-0.
O’Neil, 200 Briar Lane, Map 13, Parcel 114: Remove debris, invasive plant species and fallen trees. Ginie Page moved to approve the Jurisdictional Opinion; seconded by John DiBlasio; passed 4-0.
Other:
Holmes, SE77-962, a155 Samoset Ave, Map 28-1, Parcel 103: Request for Extension to complete the walkway and stairs. Ginie Page moved to approve an extension for two years; seconded by John DiBlasio; passed 4-0.
Danforth update: Audrey Danforth came to Agent Greenberg’s office and was informed she had to remove the fill and file a NOI. Agent Greenberg stated Danforth had a delivery of stone made after being told to remove the fill. Ginie Page moved to have Agent Greenberg contact Town Counsel for advice; seconded by Terry Gips, passed 4-0.
Mail:
Copies of letters authored by Agent Greenberg
Notification of Conflict of Interest meeting.
Misc.
Dottie Dolan reminded the Commissioners of MACC workshop at Cape Cod Community College on Jan. 12., 2008.
Public Hearings:
5:07 pm Kerr, 599 Chequessett Neck Rd., Map 19, Parcel 119, Certificate of Compliance. Septic system confirmed in compliance. Ginie Page moved to issued the Certificate of Compliance; seconded by John DiBlasio; passed 4-0.
5:09 pm Kerr, 615 Chequessett Neck Rd., Map 19, Parcel 118, Certificate of Compliance Access for septic system, confirmed in compliance. Ginie Page moved to issue a Certificate of Compliance; seconded by Terry Gips; passed 4-0.
5:10 pm Goldman, 266 King Phillip Rd., Map 34, Parcel 8, Certificate of Compliance. Confrimed in compliance. John DiBlasio moved to issue Certificate of Compliance; seconded by Terry Gips;
passed 4-0.
5:10 pm Town of Wellfleet, E. Commercial St., Map 15, Parcel 151, NOI, Reconstruct Uncle Tim’s Bridge (cont’d from 11/7/07). Agent Greenberg stated we were waiting for official paperwork and the Commissioners were happy with the project. Ginie Page moved to approve the NOI; seconded by John DiBlasio; passed 4-0. Supervisor: Dottie Dolan
5:13 pm Currier, 1065 Chequessett Neck Rd., Map 19, Parcel 91, Extension of Order of Conditions. Terry Gips moved to continue to 1January 2, 2008 meeting; seconded by John DiBlasio; passed 4-0.
5:18 pm Zimmerman, 715 Chequessett Neck Rd., Map 19, Parcel 113, NOI, Revetment repair (Cont’d from 11/7/07). Mark Burgess of Coastal Engineering represented the applicant and reviewed the revised plans which identified the work area and the mean high water. Andrew Petty stated the applicant should file for a Chapter 91. Burgess stated the applicant wants to do the repairs immediately because of the damage, and then get permission to rebuild the entire revetment. Due to the time constraints, the repair needs to be done now. Andrew Petty expressed concern with work being done below the mean high water. Burgess asked if this could be an emergency certificate in order to make repairs. Petty pointed out the bank is deteriorating. Agent Greenberg has issues with the
work plans/orders and would like to see a revision of the plan. Greenberg and Petty will meet with Coastal Engineering at the site to issue an emergency work order. John DiBlasio moved to continue to January 2, 2008 and arrange for an emergency certification; seconded by Ginie Page; passed 4-0.
5:27 pm Belko/Brown, 290 Blue Heron Rd., Map 42, Parcel 123, NOI, construct new dwelling (Cont’d from 11/7/07). Katelyn Merrill of East Cape Engineering recapped the project. She stated she could not reduce the footprint of the dwelling. She stated the dwelling could not be located elsewhere. The house will be cantilevered which will be a reduction of 36 feet out of the buffer zone. The basement is required for storage of utilities and the property would be put back to the original state environmentally. Bruce Beirhans, abutter, stated this house in inconsistent with the neighborhood and doesn’t feel the house should be built. Dottie told Beirhans our objective is to determine if this will harm the salt marsh. Agent Greenberg stated silt
fencing and straw bales be used to protect the coastal banks. Paul Weber, abutter, asked about the square footage of the house, and Merrill stated it is approximately 450 sq. ft. If the applicant wants to increase the size of the house, they would have to come back to the Commission. Ginie Page moved to approve the NOI, job 05323 revised date 11/15/07; seconded by John DiBlasio; passed 4-0 with conditions. Supervisor: John DiBlasio
5:48 pm Keller, 855 Chequessett Neck Rd., Map 19, Parcel 104, NOI, extend existing revetment (Cont’d from 11/7/07). The National Seashore was never notified of the scheduled hearings. Agent Greenberg read into the record a letter from the National Seashore dated December 4, 2007 expressing their concerns on this project and stated the applicant will have to file with MESA. She was advised by the National Seashore that they do not want any access to the work zone through the National Seashore. The Commission had granted access by Powers Landing. Terry Gips moved to continue this application indefinitely awaiting a date from the engineers; seconded by John DiBlasio; passed 4-0.
5:55 pm Miller, 120 Samoset Ave., Map 28, Parcel 130, NOI, addition and extension of decking. Joy Cuming and Gordon Peabody represented the applicant and gave an overview of the project which is to add a second story and extend the decking. Agent Greenberg questioned how much fill was dumped in the front yard which is a violation, and Peabody stated the owners were not aware they could not use sand as a fill. The applicant stated there was a problem with ticks, and felt sand would eliminate the amount of ticks. Peabody stated the sand would be removed and be replaced with vegetation. Agent Greenberg requested the storm water controls be identified. Natural Heritage had not responded to the NOI. Abutter Seiger stated he is concerned about his views being impacted
which are not regulated by this Commission. Ginie Page moved to continue the hearing to January 2, 2008; seconded by John DiBlasio; passed 4-0.
6:16 pm Crosen, 1370 Ocean View Dr., Map 24, Parcel 45, NOI, remove cottage from top of coastal bank. Emily Beebe and Pete Crosen gave an overview of the project. Natural Heritage stated there would be no adverse affects. The structure will be cut in half and relocated. All materials remaining will be removed by hand and taken out of the buffer zone, snow fencing will be placed and revegetation will be done. The cesspool will be removed as well. Agent Greenberg stated the National Seashore acknowledged the hardship. All future work will not be in the buffer. John DiBlasio moved to approve the NOI; seconded by Ginie Page; passed 4-0.
6:25 pm Blasch, 1440 Chequessett Neck Rd., Map 18, Parcel 7, NOI, remove and replace single family dwelling (Cont’d from 11/7/07). Emily Beebe, Fred Schmitt and Mark Blasch gave an overview of the revised plans which included a 5% reduction of work located in the buffer zone. The walkway has been changed and the garage will be removed after construction is completed. The decking will have light exposure and plant seedlings will be planted prior to the decking construction. Schmitt stated they would use a stone facing on top of asphalt which would still keep it impervious; however, Beebe stated there will be drainage and run off construction which will be located in two areas of the driveway. Tim Brady advised Beebe shells or stones would run off the driveway and cause
more problems. Beebe stated the catch basins would be cleaned out annually. Beebe stated the driveway is out of the buffer zone and Schmitt stated the proposed face on the driveway will keep the water moving slowly off the pavement. Agent Greenberg requested the shells in front of the garage be left on Town property so parking could take place. Attorney Zehnder stated parking is not allowed in this area, but would allow for emergency vehicles to turn around. The current walkway will be rebuilt and raised up. Peabody stated revegetation will take place so the sand will not be blowing as much on the property. Andrew asked for identification of all grade changes, and Beebe stated grading will take place in the driveway and silt fencing will put in place in the buffer zone. Beebe stated the snow fencing will be removed on the coastal bank per a letter from Natural Heritage. Petty questioned the removal of water, chemicals, etc. from
the spa. Schmitt stated the chlorination could be neutralized. Run off and down spouts will be located outside of the buffer zone. Dottie Dolan read a letter dated 12/4/07 from the National Seashore expressing their concerns. They feel more mitigations need to be addressed and requested additional time to study habitat, lighting, etc. Zehnder stated the seashore is not an abutter of this property and Beebe supplied paperwork to the National Seashore, along with revised plans in a timely manner, and they had ample time to respond prior to this hearing date. Beebe stated Natural Heritage addressed the issues of animals and the applicant hired a botanist to study the vegetation and animals. Further discussion took place regarding the grading. John DiBlasio moved to approve the 0616 revised date 11/26/07 NOI; seconded by Terry Gips; passed 4-0. Supervisor Ginie Page and Cynd Moe.
John DiBlasio moved to adjourn at 7:30 pm; seconded by Ginie Page; passed 4-0.
Respectfully submitted,
Christine A. Bates
Committee Secretary
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