Minutes of Conservation Commission Public Meeting
Date: August 6, 2008
Time: 4:00 pm
Location: Town Hall Hearing Room
Commissioners Present: Co-Chair Edwin Reynolds, Co-Chair Ginie Page, Dottie Dolan, Cyndi Moe, Terry Gips and Patrick Winslow, and John DiBlasio.
Staff Present: Assistant Conservation Agent, Andrew Petty, and Christine Bates, Committee Secretary
4:00 - Business Meeting & Conservation Agent's Report
Co-Chair Ginie Page opened the meeting at 4:00 pm.
Cyndi Moe moved to appoint Patrick Winslow as the Clerk; seconded by Edwin Reynolds; passed 6-0.
Agents Report:
Jurisdictional Opinions:
Alison Palmer, 70 Lookout Rd., cut down poplar trees. Cyndi Moe moved to approve the Jurisdictional Opinion; seconded by John DiBlasio; passed 6-0.
Wellfleet Conservation Trust, new signs, Rte 6 at Black Fish Creek, Lt. Island, Chipman Cove area, Geiger Property (a total of 4 signs) John DiBlasio moved to approve the Jurisdictional Opinion; seconded by Ed Reynolds; passed 6-0.
Chet Lay of Slade Associates, asked to speak about Parcel 152 which is owned by the Town and administered by the Conservation Commission. He stated Lot B is going to be developed and although there is no legal issue involved, there is a small portion that runs into the right of way of land owned by the Town. Lay wanted to know if the Commission wants to keep it as is or move the road, which would mean cutting of trees, etc. Cyndi Moe moved the road stay as it is for now; seconded by Dottie Dolan; passed 7-0.
The Div. of Fisheries and Wildlife has a new Vernal Pool certification on 420 Griffin Island Road.
New ACEC regulations for Wellfleet were distributed. Petty requested the Commission familiarize themselves with the new regulations. Petty will provide the edited July 25, 2008 version to all Commission members.
An e-mail from Gordon Peabody requested directions regarding the Seashell Cottages, which are having problems with easements. He needs to design the configuration, stairs, etc. Petty requested a RDA be sent.
A list of Town owned parcels for sale was distributed for review.
Paul Sieloff and Petty met with the Coastal Pond and Access Committee. Petty stated the Town was not taking away access and some of the problem is people not knowing access locations; however, signs are located in these areas.
Cyndi Moe moved to approve the July 16, 2008 meeting minutes as corrected; seconded by Dottie Dolan; passed 7-0.
Terry Gips asked what responsibilities we have as a Commission when we see something inappropriate such as using Clorox to clean a boat, clothes, etc. Petty suggested going to the people directly or calling the Agent, giving details, and allow the agent to handle the issue. Petty does research and gathers materials to hand out to the offenders and gives an educational talk. Terry Gips suggested handing out flyers with information to boat owners, boat launchers, and Petty stated he would like to work in a partnership with the Harbor Master.
Terry Sips suggested reviewing the Coastal Flooding regulations which will be discussed at a future meeting.
Public Hearings timeMinute0Hour175:00 pm:
5:00 pm Nollner/Blakey, 41 Coles Neck Rd., Map 8, Parcel 249, Certificate of Compliance. A site visit was made. Ginie recommended a small shunt be installed to direct water across the driveway into the drain. Terry Gips moved to approve the Certificate of Compliance, with advice to the owner to consider adding the shunt; seconded by Ed Reynolds; passed 7-0.
5:05 pm TD Bank North, 10 Main St., Map 15, Parcel 1, RDA, Replace existing timbers. Cyndi move moved to continue to dateYear2008Day20Month8August 20, 2008 due to lack of representation; seconded by Ed Reynolds; passed 7-0.
5:10 pm
Town of Wellfleet, Commercial Street, Parcel 21, RDA, Install Tide Gate equipment with no alteration of hydrology at the Mayo Creek Dyke. Ginie recused herself. Jeff Rogers stated he has listened to the concerns of the abutters and is attempting to collect the information to answer the concerns. The approval of this RDA will allow access to the site and by installing the simulation equipment, will provide data. A map was distributed to identify the locations of monitoring wells. He stated there will be no change in the water flow. Hollis stated she had no objections to monitoring wells but opposes the installation of the tide gate. Rogers stated it is important for them to know the water levels in order to gather information. The device allows monitoring of the water
levels on either side, recording the information, and allows it to pump air. Rogers stated the equipment must be installed to monitor the heights of water and measure the flow with the sensors. Rogers stated the Town of Orleans has a similar tide gate and it has not caused any concerns with septic or water quality in the area. Pat Winslow questioned why the device needs to be installed if it works in Orleans. Rogers stated the water flows differently at each site. Hollis stated this is a prelude to the full installation of opening the marsh and wants to know the results of the test. Rogers stated the monitoring will get done; and although the grant will expire, they will go for further grant money. There was discussion regarding the Orleans culvert site. Rogers stated this area is brackish water at the present and pointed out it was a salt marsh prior to the installation of the road and the culvert. He said the statewide goal is
to reestablish a salt marsh and improve it to bring habitat back. Dottie moved to approve this project for the monitoring of wells and the installation of the bladder; seconded by Cyndi Moe; 4-1-1. The motion passes. Dottie withdrew her motion, Cyndi withdrew her second because this is an RDA. Dottie Doe moved to identify this as a Negative 2; seconded by Cyndi Moe; passed 4-1-1.
5:50 pm
Bassett, 300 Old Wharf Rd, RDA, aquaculture grant. Access will be by Old Wharf landing by foot or boat, no materials shall be left during the winter, and standard conditions shall apply. Cyndi Moe moved to identify this as a Negative 2; seconded by Dottie Dolan; passed 7-0.
5:53 pm
Emmett, 13 Second St., Map 30, Parcels 162 and 184, NOI, construct new dwelling (Cont’d from 7/16/08). The applicant requested a continuation to August 20, 2008. Cyndi Moe moved to continue to 8/20/08 per the applicants request; seconded by Dottie Dolan; passed 7-0.
5:54 pm
Thayler, 250 Meadow Ave West, Map 40, Parcel 158, NOI, use of sandbags and sand drift fencing (Cont’d from 7/16/08) The applicant requested an indefinite continuation. Pat Winslow moved to continue this indefinitely per the applicant’ request; seconded by Moe; passed 7-0.
5:55 pm
Colton, 145 Indian Neck Rd., Map 28, Parcel 135, NOI, septic system upgrade (Cont’d from 07/02/08) David Lajoe represented the applicant and stated they have received Board of Health approval and Natural Heritage stated this will not result in a take. John DiBlasio moved to approve the NOI; seconded by Terry Gips; passed 7-0.
6:00 pm
Michelson, 21 Samoset Ave., Map 28, Parcel 184, NOI, remove and rebuild dwelling. Emily Beebe, Tim Brady, Attorney Zehnder, as well as the architect came to the table. Beebe gave an overview of the project pointing out the concrete patio on the west side of the house will be replaced with a wooden deck, the existing paved driveway will be replaced with a pervious driveway, there will be improved plantings on the lot, the existing footprint of the building will be maintained, other than a little bump out. They will save most of the slab on the coastal side of the bank and any work will be done by hand. The driveway will be lowered in elevation in order to provide parking. The mudroom and garage will require some excavation. Brady stated this is a coastal bank. There
was discussion regarding the proposed work in the 50’ buffer zone, which Brady did not consider an expansion into the resources. Brady stated there will be no substantial destabilizing of the bank. The Commission questioned if the house could be scaled down such as sacrificing the garage and reducing the second floor which extends further into the 50’ buffer zone. Zehnder stated this design is approximately 1500 sq. ft. and not as large as it may appear. Ginie Page is concerned with the excavation for the garage and the driveway. Beebe stated the decking will reduce the walking on the bank and they want to revegetate with local plantings. There was discussion regarding decking versus a pervious patio. Petty suggested they provide a planting plan, a disturbance plan, an alternative analysis, a plan showing a partial foundation with the slab versus a full foundation, modification to the drive way, and identify drywells into
the foundation plan. Cyndi Moe moved to continue to August 20, 2008; seconded by John DiBlasio; passed 7-0.
Cyndi Moe moved to adjourn at 6:50 pm; seconded by Dottie Dolan; passed 7-0.
Respectfully submitted,
Christine A. Bates, Committee Secretary
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