Town of Wellfleet, Massachusetts
300 Main Street, Wellfleet, MA 02667
ph: 508.349.0300
fx: 508.349.0305
Conservation Commission Min 11/07/07
Minutes of Conservation Commission Public Meeting

Date:        November 7, 2007
Time:           4:00 pm
Location:       Town Hall Hearing Room

Commissioners Present:  Co-Chair Ed Reynolds, John DiBlasio, Cyndi Moe  Terry Gips, and Ginie Page
Regrets:  Dottie Dolan
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 Ed Reynolds opened the meeting at 4:00 pm.

Discussion took place regarding some work being done on Briar Lane which is not visible from the road.  An abutter contacted both the Conservation Office and Cyndi Moe to report the cutting of winter berry.   Agent Greenberg and Andrew Petty have made site visits, but stated it would be a violation for them to go on the property without permission.  Greenberg left messages with the property owner but had not received a call back.  She stated she could send a general letter regarding a potential violation on the property, or request a warrant to make a site visit.  Greenberg asked for a formal complaint from the neighbor but she would not fill out any paperwork.  Greenberg will wait for a return phone call before doing anything further.  

Andrew Petty wrote a letter to Mr. Flaxman regarding the brush cutting on addressStreetOld Wharf Road.  Flackman will have it removed by December.  Petty also stated the Boriskin’s have some netting over the end of the railroad tressle on their Commercial Street property.  

Agents report:  

·       Agent Greenberg had received a letter from the Town of Orleans requesting signatures for a proposal to change the regulations for tree cutting.  The petition will be sent to our local representatives.  The fines would be revised to include cutting down one tree in the wetlands.  The Commissioners all signed the petition.
·       Agent Greenberg passed around a copy of the final draft of the Herring River Tidal Restoration Project which will be going before the Board of Selectmen on Nov. 13.  The Selectmen will receive a MOU which will form a new committee to help the project get through the permitting process.
·       Agent Greenberg and John Riehl have been discussing a restoration for Mayo Creek under addressStreetCommercial Street by Capt Higgins.  Two properties could be affected with the restoration.  She gave a list of the benefits of the restoration.
·       The Shell Fish Dept. has been engaged in removing contaminated shellfish and placing them in a new location.  They went to the Div. of Marine Fisheries for permission and applied for a permit from the Board of Selectmen but did not apply under the Wetlands Protection Act to the Commission.  Approximately 150 bushels have been culled so far and harvesting ends on November 23.  The Commissioners were given a choice to allow them to finish up the project and then send them a letter informing them they would have to file with the Conservation Commission in the future or stop the project and wait for them to file.  Cyndi Moe moved to allow the Shellfish Warden to continue the process, but send a letter to tell him he has to go through the Wetlands Protection Act, and he has to come to Commission to explain the process; seconded by John DiBlasio; passed 5-0.  
·       Trimming and cuttings will begin on 11/8/07 on the Bayberry Hills Conservation Trust trail.  Agent Greenberg stated everything was done properly.  Cyndi Moe moved to start cutting the trail at 9:00 am on 11/8/07; seconded by Ginie Page; passed 5-0.  All direct abutters were notified.  Agent Greenberg will provide a facts sheet provided by Mark Robinson of the State to anyone inquiring about the project and will not respond to e-mails individually.  
·       Andrew Petty reported Heidi from Americorps is working on GIS information, and will be mapping all the walking trails in Wellfleet.  
·       DiBlasio asked if he could talk to George Price of the National Seashore regarding protection of the dunes.  
·       Cyndi Moe moved to approve the10/17/2007 meeting minutes as amended; seconded by John DiBlasio; passed 5-0.  
·       Moe reported activity is taking place on School Street and requested the agent check on the expiration date of the Order of Conditions for Domenich Fernando.
·       Terry reported she visited Pond Road over the weekend after the storm, and water did not come up over the road.
·       Rabies baiting is taking place Friday, 11/9/07
Mail:  Miscellaneous brochures, news briefs,           

Public Hearings 5:00 pm:

5:00 pm   Town of Wellfleet, E. Commercial St., Map 15, Parcel 151, NOI, Reconstruct Uncle Tim’s Bridge.  Kevin McHugh of Environmental Partners Group gave an overview of the project.  Both the Historic Commission and CPC recommended reconstruction of the entire bridge.  The design will be the same design as current.  Construction will take approximately 2 months.  Environmental Partners is talking with several contractors on the process for drilling the piles.  Due to pilings at the old railroad track, access for a barge is difficult.  There will be a public bid.  The bank area on East Commercial Street will be restructured.  Cyndi Moe requested the floating oil booms are discussed at the next meeting.  Cyndi Moe moved to continue to 12/5/07; seconded by Ginie Page; passed 5-0.

5:15 pm  Keller, 855 Chequessett Neck Rd., Map 19, Parcel 104, NOI, extend existing revetment (Cont’d from 10/17/07).  David Lajoie represented the applicant and supplied new plans which included a sand drift fence.  He would prefer access be at Powers Landing.  SE77-1149,  Ginie Page moved to approve the   revised plan dated 11/3/07, seconded by John DiBlasio; passed 5-0.  Conditions:  Std beach nourishment condition (survey by eng’g statging nourishment not needed), addendums, construction notes.  Supervisor Ginie Page.    

5:18 pm  Belko/Brown, 290 Blue Heron Rd., Map 42, Parcel 123, NOI, construct new dwelling (Cont’d from 10/17/07).  Catlyn Merrill of East Cape Engineering gave an overview of the project and described the new dimensions of the dwelling.  The project is still outside the 50 foot buffer zone.  Natural Heritage stated it will not adversely affect the habitat.  A letter from Bruce Beirhans was read into the record.  Catlyn stated the ownership was represented what is on the deed.  She also stated due to the lot size, there were no other options where the dwelling could be placed.  Catlyn stated there will be a small walkway to the driveway, which is not shown in the plans.  The Commission also requested a revised site plan identifying the river front and the ACEC.  Rotating the house and only utilizing a partial foundation was discussed.  JohnDiBlasio moved to continue to 12/5/07; seconded by Ginie Page; passed 5-0.      

5:35 pm   Zimmerman, 715 Chequessett Neck Rd., Map 19, Parcel 113, NOI, Revetment repair (Cont’d from 10/17/07).  Due to an administrative error, this hearing was added to this agenda, but was originally continued to 12/5/07.  Cyndi Moe moved to continue to 12/5/07 at the request of the applicant; seconded by Ginie Page; passed 5-0.

5:36 pm  Pickard, 35 Nauset Road, Map 28, Parcel 85, RDA, Second story addition (Cont’d from 10/17/07).  Alfred Pickard represented the applicant, Michael Ambrose, and gave an overview of the project.  He stated the cinderblocks will be covered with shingles.  The footprint will not change.  The foundation is above the flood plain at 13’4”.  PersonNameJohn DiBlasio determined this as a Negative 3; seconded by Ginie Page; passed 5-0.

5:40 pm   Coser (Capt Higgins), 50 Commercial St., Map 21, Parcel 106, Request for Amendment to Order of Conditions.  Dana Heilman, and Steve Swain, Designer, gave an overview of the requested amendment to add a 10 x 20 platform for a walk-in cooler and an 8 x 36 second floor roof deck which will be on pilings.  The asphalt in the parking lot will be removed except for handicapped parking, and will be replaced with pervious material such as crushed shells.  Swain gave an overview of the design intent, keeping the historical design.  John DiBlasio moved to approve the request for an amendment; seconded by Terry Gips; passed 5-0.  Supervisor is Cyndi Moe.

5:53 pm   Clisby, 50 First Avenue, Map 30, Parcel 125, NOI, installation of a gabion wall for erosion control (Cont’d from 10/17/07).  Meeting minutes of 10/17/07 were read into the recoard.  David Lajoie represented the applicant and proposed using a sand drift fence instead of the gabion wall and will use  timber and peat stones for in ground steps.  Beach grass will be planted on the west side of the property.  Natural Heritage stated it will not adversely affect the habitat.  Cyndi Moe moved to approve the NOI with the revised plan of 11/3/07, seconded by John DiBlasio; passed 5-0.  Supervisor:  Cyndi Moe.

6:03 pm   O’Connor, 90 LeCount Hollow Road, Map 30, Parcel 9, NOI, construct full foundation under existing single family dwelling located in the buffer zone (Cont’d from 10/17/07).  Emily Beebe and Bill O’Connor gave an overview of the project.  Originally there was approval for a partial foundation; however, after a contractor looked at the foundation, it was recommended a total foundation be poured.  The project includes decking with stairs on the east and front side of the house.  No work has been started on this dwelling as yet, and approval had been given for the screened porch.  Natural Heritage has responded.  The house will be jacked up when the foundation is installed.  Abutter Nealon sent a letter of support.  PersonNameJohn DiBlasio moved to approve the NOI dated 10/11/07; seconded by Cyndi Moe; passed 5-0 with conditions:  send updated plans to DEP approved design – option 2 is included in the paperwork to DEP and Nk concrete management protocol, concrete be recycled, gutters and downspouts, any protocols and notes.  Supervisor John DiBlasio.  

6:17 pm   Blasch, 1440 Chequessett Neck Rd., Map 18, Parcel 7, NOI, remove and replace single family dwelling.  Emily Beebe, Frederick Schmitt, Architect, and owner Mark Blasch gave an overview of the project.  The existing house and deck is located within the buffer zone on a coastal bank.  The new dwelling will be partially in the buffer zone and that portion will be built on piles.  Beebe stated the first part of the project is determining the limit of work, the second part is the MESA fence which will lead to the erosion control systems, and then the access route to the site on the north side of the property will be deetermined.  Staging of the removal of the existing house will take place on the access road, which will be sectioned, removed, and taken off the site and recycled to the community.  All materials will be removed prior to the construction of the new dwelling, utilizing demolition by cranes and not involve the buffer zones.  The pilings will be removed from the current dwelling and the land will be restored.  The crushed stones will be left at the original dwelling site.  Petty asked if the current walkway could remain at the same location to lessen disturbance.  Stan Humphries stated the mean high water rate is 2.7’ per year.   He stated he doesn’t feel there will be any impact to erosion and sand migration with the new dwelling.  The footings for the decking on the new house will be done by hand.  The house will be located in a small hollow.  Mark Blasch gave an overview of the design and location of the proposed dwelling.  The portion of the house on pilings will be one story.  The Commission expressed concern with the asphalt driveway.  Tim Brady worked with the applicant on the driveway and felt it needed to be more solid; however, Schmitt will talk with Brady for an alternative material.  Gordon Peabody stated the plantings will take place immediately after deconstruction, regardless of the time of year.  He gave an overview of the management plan and a comprehensive vegetation document is part of the application.     Petty asked if the decking could be reduced in size.  Margaret Gilson, abutter, stated the dune and sand movement will be an issue for them, as well as issues with the driveway.  She made recommendations based on her experience in the area.  Beebe stated they would be doing several soil tests on the site.  Agent Greenberg requested they call her office prior to doing any tests.  Ginie Page moved to continue to 12/05/07; seconded by Cyndi Moe; passed 5-0.

Cyndi Moe moved to adjourn at 7:00 pm; seconded Ginie Page; passed 5-0.
Respectfully submitted,
Christine A. Bates
Committee Secretary