Approved Cons Comm Mtg Mins

Meeting date: 
Wednesday, October 19, 2016

Approved

Wellfleet Conservation Commission

October 19, 2016, 4:00 pm

Town Hall Meeting Room

Attendees:  Trudy Vermehren, John Portnoy, Ed Simpson, Ginie Page, Barbara Brennessel, and Lauren McKean

Regrets:  Ali Sands

4:00 - Business Meeting & Conservation Agent's Report

Mail / Discussion:

  • Wetland Protection Violation:  Kipp, complaint that there was digging on a dune on  town property.  Agent Greenberg-Lemos stated she requested Mr. Kipp remove the boat on the property.  Mr. Kipp has not responded to the Commission’s request for him to come to the meeting.   Agent Greenberg-Lemos stated she will contact the Harbor Master to see what he allows for beach boat storage.
  • Correspondence to all committees regarding quorum requirements.
  • Subdivision: 0, 2, and 15 School Street, Maps 13/81, 15/22 and 15/23.
  • Annual Wellfleet Harbor Conference, November 5, 8:30 am until 1:15 pm and field trips.  Wellfleet Elementary School.  November 6, coastal geology walk. 
  • John Portnoy reported that Jim Mahala of DEP responded to our request for a search of Chapter 91 licenses for piers and rafts at great ponds. .  His records reflect that only 1 pier has a Chapter 91 license.  Mahala told John Portnoy that we should watch for when properties change hands and inform new owners that they need to file for permission under both the Wetlands Protection Act and under Chapter 91 for a structure in/on great ponds, i.e. the freshwater ponds at least 10 acres in area; these waters and submerged pond bottoms are public land.  The Seashore has counted the piers and raft in each Wellfleet great pond, but the Commission needs to identify their owners and notify them of these structures’ permit requirements. Ed Simpson stated there are groups/organizations within the National Seashore that communicate to property owners through mailings.  It was recommended we provide information to those groups regarding the permit requirements for docks and piers.  The rafts and piers are typically anchored within public land and located within the wetlands.  Hillary Greenberg-Lemos recommended having Americorps members identify the location and probable owners of the piers.  Pictures will be taken to identify if there is damage to the resources.        

   Jurisdictional Opinions

Conservation Trust, relocate bench:  Old Pier Road, located on point and will be moved further from the beach area.  There will be no heavy equipment involved with the moving of the bench.  Trudy Vermehren moved to approve the Jurisdictional Opinion; seconded by Ed Simpson; passed 5-0.

Okrant, 100 D Street, tree removal.  A site visit was made and the CCommission was unable to determine what trees were going to be taken down.  It was recommended a RDA be filed with a plot plan identifying the trees and where the house, resources, etc. are located.  An immediate abutter stated trees have been removed from her property and many trees removed within the 50 foot buffer zone.  A site visit will be done.  Barbara Brennessel moved to deny the Jurisdictional Opinion; seconded by Ed Simpson; passed 5-0 (Ginie recused)

Lansberg, 520 Long Pond Rd, remove a dead pine, and another pine tree close to the dwelling.  Lauren recused herself).  Trudy Vermehren moved to approve the Jurisdictional Opinion; seconded by Ed Simpson; passed 6-0.

Letter from Friends of Herring River to Board of Selectmen – the purpose of the letter was to counter information currently being distributed through social media, which the Friends believes is incorrect and/or misleading about the Herring River Restoration Project.. 

Meeting Minutes – Barbara Brennessel moved to approve the amended September 21, 2016 meeting minutes; seconded by John Portnoy. passed 6-0.

Tim Dickey – nourishment for revetment 975 Chequessett Neck Rd. – difficult to get sand there.  They would like to dump  sand off site and the Commission or Agent will recommend an appropriate  location.    

                                     

Public Hearings 5:00 pm:

Hartswick, 40 First Ave., Map 30, Parcel 124, Certificate of Compliance.  Gordon Peabody represented the applicant and stated the project was compliant with the permit.   Ed Simpson moved to approve the Certificate of Compliance; seconded by John Portnoy; passed 6-0.

Jacob, Old Wharf Point, Map 35, RDA, Aquaculture   Andrew Jacob gave an overview of his aquaculture plan. He will access across public areas from Old Wharf Point and use a skiff if needed to take gear to the grant; there will be no vehicle use to get to the site.  Barbara Brennessel moved to identify the RDA as a Negative 2; seconded by John Portnoy; passed 6-0.

Zukas, 66 Way #55, Map 19, Parcel 65, RDA, remove several trees within buffer zone.

Frank Corbin represented the applicant and discussed the plants he will be using after the trees are removed.    Trudy Vermehren identified this as a Negative 3 with conditions; seconded by Ed Simpson; passed 6-0.  

Elkin, 100 Catboat Rd., Map 41, Parcel 87, RDA, handicapped ramp and construction of small storage.    Mrs. Elkin stated they were unable to complete the job which was originally approved, and want to complete the ramp and build the storage area.  Barbara Brennessel moved to identify this as a Negative 3; seconded by Ed Simpson; passed 6-0.

Flattery, 479 Black Pond Rd., Map 4, Parcel 38, NOI, replace wood stairs with stone stairs (Cont’d).  Lauren McKean recused herself.   Tim Brady represented the applicant and requested an extension to the November 2, 2016 meeting.  Trudy Vermehren moved to continue to November 2, 2016; seconded by Ed Simpson; passed 5-0.

Brown, 10 3rd St., Map 40, Parcel 80, NOI, remodel, construct additions and remove / rebuild portions of dwelling.  Tim Brady represented the applicant.  The Commission made a site visit.  Brady stated the northerly 3rd of the dwelling will be demolished, and rebuilt within the same footprint.  There will be no excavation for  two-thirds of the southerly area.  The access road to the property is owned by the same family.  The septic system will not be disturbed.  There will be drip trenches to receive runoff from the roof drip line.  There are no trees to be removed within the buffer zone.  The Commission requested a vegetation plan.  Ed Simpson moved to approve the NOI; seconded by Ginie Page; passed 6-0.  Supervisor:  Ed Simpson   

Robicheau, 800 Ocean Dr., Map 17, Parcel 5, NOI, relocate dwelling away from marine scarp.  Lauren McKean recused herself.  Chet Lay represented the applicant.  A site visit was made. Natural Heritage had not responded as yet.  Lay stated they want to move the dwelling 10 feet from the road.  The foundation will be removed as well as all the plumbing, then filled and planted with American Beach grass.  The septic and well will remain at its present location.  Trudy Vermehren moved to continue to November 2, 2016; seconded by Ginie Page; passed 5-0.   

Sea Shells Condo Trust (Mattingly), 575 Chequessett Neck Rd., Map 19, Parcel 120, NOI, replace existing retaining wall.  Don Monroe and Alfred Pickard represented the applicant.  Monroe stated that the  timber retaining wall also supports  their deck system, and renourishment has been placed there on a regular basis.  Due to the elevation of the existing beach face, no rock revetment can be built.  Due to the narrowness of the  beach and the proximity of the houses and the septic system, there is little room for construction.  This proposed construction will tie into the existing wall.  Six letters from residents of Sea Shells Condos were read in support this project.  There will be a gate to provide temporary access from the beach to the north of the retaining wall; this gate will be closed during winter to block wave run-up and erosion.  The bulkhead will be placed deeper than the current wall.  John Portnoy moved to approve the NOI; seconded by Ginie Page.  Due to the fact we have not heard back from Natural Heritage, no vote can be taken.  Trudy Vermehren moved to continue to November 2, 2016; seconded by Ed Simpson; passed 6-0.      

Cooney, 3 Kendrick Ave., Map 21, Parcel 112, Change foundation, modify footprint of dwelling, and place utilities underground.  Mr. and Mrs. Cooney came to the table and would like to amend the orders of conditions.  The original foundation was a pier foundation made of concrete pilings and the engineer recommended using an improved design which will result in less disturbance to the resources.  In the event water rises to the dwelling, water will be able to flow through.  The Commission would like to have a stamped engineered plan with a letter stating this design handles flood waters  better than the one previously approved and will not affect any abutters.  The second floor plan will have a cantilevered deck 2 feet out.  The first floor will be drawn back 2 feet.  EverSource will be putting up a new transformer at Pole 729A, and services will be underground.  The old telephone pole and overhead wires will be removed on the property.  Trudy Vermehren moved to continue to November 2, 2016; seconded by Ginie Page; passed 6-0.

Trudy Vermehren moved to adjourn the Public Hearings at 6:25 pm; seconded by Ginie Page; passed 6-0.

The business meeting was reopened at 6:25 pm.

Trudy Vermehren stated a site visit was made to Moby Dick’s Restaurant this morning.  Wood chips had been recently dumped from the parking lot into the adjacent marsh. .   Todd Barry, the owner of the property, stated that he was not aware of the dumping. Trudy stated the CCommission had requested he attend a meeting.  He stated he would be able to come to the November 16 meeting.  After receiving verbal owner permission, the Commission inspected the west (marsh) side  of  the property: and a large pile of corn husks was seen in the marsh; the pile of brush from the cottage project is still there; no downspouts were tied into the dry wells at the cottage; and there is an unpermitted outdoor shower at the cottage.  Behind the restaurant, it looked like grease was thrown into the marsh; the downspouts do not appear to be connected to dry wells;and two downspouts connect to pipes directing roof runoff  horizontally into  the adjacent marsh.       

Trudy Vermehren recommended Agent Greenberg-Lemos write a letter to Barry requesting his attendance at our 16 November meeting.

Trudy Vermehren moved to adjourn at 6:45 pm; seconded by Ginie Page; passed 6-0.

Respectfully submitted,

Christine Bates, Committee Secretary