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Cons Comm Minutes 06/04/08
Minutes of Conservation Commission Public Meeting

Date:        June 4, 2008
Time:           4:00 pm
Location:       Town Hall Hearing Room

Commissioners Present:  Co-Chair Dottie Dolan, Co-Chair Edwin Reynolds, Ginie Page, Cyndi Moe, John DiBlasio, Patrick Winslow and Terry Gips  
Staff Present:  Conservation Agent Hillary Greenberg, Assistant Conservation Agent, Andrew Petty, and Christine Bates, Committee Secretary
4:00 - Business Meeting & Conservation Agent's Report
Co-Chair Dottie Dolan opened the meeting at 4:00 pm.

Jurisdictional Opinions:

Bezio, 135 Marven Way, explained he has a tidal marsh on his property with a walking path located on the high tide rackline.  He stated there has been damage done to the coastal bank and there is little vegetation at this point which they would like to restore.  He stated many times dogs are not on leaches and there have been issues with people trespassing on his property.  Agent Greenberg suggested he install  fencing at the high tide mark.  Dottie Dolan recommended the Commissioners make a site visit on June 18.  Terry Gips moved to make a site visit to look at the resource issues; seconded by Ed Reynolds; passed 7-0.

Kew, 105 Parkington Hill Rd., septic system upgrade outside the 100 foot buffer zone.  One cesspool needs to be pumped and filled within the buffer zone.  Ginie Page moved to grant the Jurisdictional Opinion; seconded by John DiBlasio; passed 7-0.

Zelman, 115 Atlantic Ave., Agent Greenberg reported the abutters are not going to give permission to drill the proposed well.  The Jurisdictional Opinion is to drill a new well located 90 feet from the salt marsh.   Ginie Page moved to grant the Jurisdictional Opinion; seconded by Terry Gips; passed 6-0 with one abstaining.

Agent Report:
·       Dottie Dolan and Agent Greenberg attended a Natural Resourses Advisory Board meeting to review the traffic and parking situation at Chipman’s Cove.  The area will be mapped for the Advisory Board.  Agent Greenberg attended a Board of Selectmen meeting and requested a formal approval to install boulders in the area to eliminate some traffic in the area.  
·         The meeting for Eastham and Wellfleet regarding beach nourishment will be rescheduled to September.

Ginie Page attended the Storm Water Meeting in Provincetown and she stated there are several new laws.  Ginie recommended PatrickWinslow and Terry Gips subscribe to MACC.  Truro will be holding fundamental training.  

Ginie Page moved to approve the May 7, 2008 meeting minutes with amendments; seconded by Cyndi Moe; passed 7-0.
Cyndi Moe moved to approve the May 21, 2008 meeting minutes as corrected; seconded by Ginie Page; passed 7-0.

Mail:  
Brochures, Reports,
 

Public Hearings 5:00 pm:  Town Hall Meeting Room (basement)

5:00 pm Town of Wellfleet, Mayo Creek Culvert work.  Jeff Rogers gave a power point presentation on  the restoration project.  John Riehl stated they are looking for permission for Phase I only.  Jeff Rogers stated there will be virtually no cost to the Town because grant money is available for the project.  Questions from the audience included how this may affect drinking water, who will pay for any damages (Agent Greenberg stated they would not go forward with the project if this created damage); will the Town guarantee they will pay for future damages, and what monitoring techniques will be used.  Alfred Pickard stated there was flooding in previous years and it affected septic systems and drinking water and asked how this was going to help him and the abutters.  A question was asked if all wellheads were going to be tested and would the people be notified of the results and Rogers stated a monitoring plan would be in place.   Additional audience questions included how this would affect plans for upgrades to septic systems, who would be responsible for drinking water if it became salty and how do residents remove it.  Rogers stated changes to the water flow can be made by a computer, and there is a manual shut off as well.  Rogers stated Phase I will last as long as is necessary to gain data (approximately 6 months to a year or as long as necessary) and there will be no monitoring of water in the harbor.  The President of the association at Harborside village stated they have a water supply which was affected with salinity when the clapper failed the last time and since they have an expensive septic system, they want assurance the town will pay for any damage.   Pickard stated the water level in the creek is full after a high tide and this project would require septic systems variances; Rogers stated the low tide will be lower.  The grant is expiring on September 1 and the money needs to be spent before the expiration date.  The grant was originally for $250,000 and there is $50,000 to $60,000 left for installation, etc.  Rogers stated this type of project has been installed in numerous communities.  John Riehl stated as part of the Herring River restoration project there was a study which showed it would increase the water level 1 inch.  Parlante asked what kind of taking would be given to the private property owners who are affected, even if they don’t want a salt marsh.  John Portnoy stated they received legal advice and the public maintains rights.  A request was made to do the proper studies and evaluations before moving along on this project.  It was recommended bonding or insurance be offered.  A letter was read from Harborside Village with their concerns.    Dr. Himelspock’s letter was read into the record.  The Division of Marine Fisheries responded and they would like to see the water height changed between May and September.  Ed Reynolds moved to postpone this until enough information is gathered and we can answer the abutters questions; Ginie Page wants to postpone until we see the contract between the Town and the installer; Terri Gips needs additional time to think about the project; Dottie Dolan stated we need to determine what additional information we need to get; John DiBlasio stated this is a Board of Health issue as well; Agent Greenberg stated the information is being mapped and will be supplied to Rogers.  Pickard expressed concern about the Board of Health regulations regarding septic water separation and Rogers stated he does not believe Phase I will affect any septic system.  Ed Reynolds moved to continue for an indefinite date; seconded by Ginie Page; John DiBlasio stated he wants to see a map identifying wells and septics; Dottie Dolan stated we are dealing with Phase I only; Terry Gips stated she would like a date certain continuation; a question from the audience asked if there were a 3 day rain/storm, how would it affect the marsh; Rogers stated they would be able to control the water level by instruments or manually shut it off.  The motion to indefinitely postpone failed with a vote of 3 – 4.  John DiBlasio moved to continue to July 2 to allow for additional information including a contract with town, maps identifying wells and septic systems, agreement to get an insurance plan to pay for any damage to abutters, Pickard asked if the Board of Health should write a letter; Parlante wants to know about Bonding; seconded by Terry Gips; passed 7-0.    

6:30 pm  Town of Wellfleet, Herring PlaceTypeRiver run. NOI    Agent Greenberg stated this is to clear the river to make way for the safe passage of fish.   Ed Reynolds moved to approve the NOI; seconded by Cyndi Moe; passed 7-0.  

6:34 pm  Biron, 15 Commercial St., Map 15, Parcel 104, RDA, replace decking.   There was no representative for the presentation.  Agent Greenberg will write a letter to the applicant because the Commissioners saw additional work that needs to be addressed.  John DiBlasio moved to continue to 6/18/08; seconded by Ed Reynolds; passed 7-0.     

6:40 pm  Dighton, 387 Bound Brook Way, Map 6, Parcel 11, RDA, build stairway.  Agent Greenberg  stated there is currently a concrete stairway and they want to place planks on top of the concrete walk.  Ed Reynolds identified this as a Negative 2; seconded by Ginie Page; passed 7-0.

6:42 pm  Glaze, 625 Old Wharf Rd., Map 35, Parcel 14, NOI, Septic Upgrade (Cont’d 5/21/08).  Ginie Page recused herself.  Jason Ellis represented the applicant and he stated there is a revised plan adding a  UV system.  Ellis stated there will be monitoring on this system and the light bulb will be checked to make sure it is working.  The work will take place on a barrier beach.  Ellis stated this system will allow for the least amount of disturbance as the septic upgrade will be installed in the same location.  Agent Greenberg requested a planting plan for the beach grass.  John DiBlasio moved to approve the NOI; seconded by Ed Reynolds; passed 7-0.  Supervisor:  Agent Greenberg and Assistant Agent Petty.        

7:00 pm  Halloran, 1360 Chequessett Neck Rd., Map 18, Parcel 5, NOI, Relocate existing dwelling outside buffer zone and abandon existing well (Cont’d 5/21/08).  Jason Ellis represented the applicant.  There was discussion regarding the driveway and placing boulders on the driveway.  The Commission still requires a planting plan and also a more specific deconstruction protocol.  Terri moved to approve the NOI; seconded by John DiBlasio with conditions; passed 7-0.  Supervisor:  Cyndi Moe and Ginie Page.  

7: 14 pm  Zelman, 115 Atlantic Ave., Map 36, Parcel 33, RDA, Install water line (Cont’d from 05/21/08)  The engineer requested a continuation to 6/18/08.  Ginie Page moved to continue to 7/2/08; seconded by Cyndi Moe; passed 7-0.

7:15 pm  Town of Wellfleet, various streets, NOI, Installation of new 12” water main (Cont’d from 5/7/08).  There was no representation from the Town.  Cyndi Moe moved to continue to 7/2/08; seconded by Terry Gips; passed 7-0.

7:16 pm  Lt. Island Association, a5th Ave to Meadow Ave., NOI, Install electrical cable (Cont’d from 5/7/08).  The engineer requested a continuation to 7/16/08.  Cyndi Moe moved to continue to 7/16/08; seconded by eJohn DiBlasio; passed 7-0.

Cyndi Moe moved that Ginie Page become co-chair; seconded by John DiBlasio; passed 7-0.

Meeting moved to adjourn at 7:25 pm; seconded by Ginie Page; passed 7-0..

Respectfully submitted,

Christine A. Bates, Committee Secretary