Approved Cons Comm Mtg Mins

Meeting date: 
Wednesday, March 15, 2017

Approved

Wellfleet Conservation Commission

Meeting Minutes

March 15, 2017

Town Hall Meeting Room

Attendees:  Trudy Vermehren, John Portnoy, Ed Simpson, Barbara Brennessel, Ginie Page, Lauren McKean, and Ali Sands, Agent Hillary Greenberg-Lemos and Christine Bates, Committee Secretary

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

Mail / Discussion

Olney – 479 Black Pond Drive:  Tim Brady gave an overview of the planting plan

that would prevent any new paths being developed.  No vegetation will be removed.  Conditions were discussed.  Supervisor:  Trudy Vermehren 

Recycling Committee – ban use of polystyrene materials in food service containers.  Beth Brehmer, member of the Recycling Committee.  She stated a workshop will be held on Tuesday, March 21, 2017 and all businesses were informed of the workshop.  Beth read a letter from the Sierra Club, endorsing the article for the town meeting.  A pamphlet regarding polystyrene materials was produced for educational purposes and handouts.  If the article passes at Town Meeting, it would become effective in June 2018.   Trudy Vermehren moved to vote in favor of the polystyrene material article; seconded by John Portnoy; passed 6-0.

Jurisdictional Opinions:  James Hood, 33 Alves Rd, prune 4 trees within 100’ setback from Duck Creek Marsh.  The Commission all agreed this filing should be an RDA.  Ginie Page moved to have the project filed under a RDA; seconded by Ed Simpson; passed 6-0.

The Herring River Commission requires a representative from the Conservation Commission for the regulatory meeting on Monday, March 20, 2017.  John Portnoy recommended Agent Greenberg-Lemos contact Town Council for their opinion on Cons Comm members who are also members of the Friends of Herring River be allowed to attend and be a representative at the regulatory meetings.      

Clean up in the Mayo Creek area behind the baseball field.  Ginie Page stated she did not see any motion of water.  Agent Greenberg-Lemos stated the Americorps will perform some clean up.  Bamboo spreading by the railroad bed below the brown house.  This is scheduled for Americorops to work on.  Additional kayak racks will be built as well for town property beaches.

Bob Boehringer would like to come back to ask permission and advice for protection / erosion control on the Atlantic beach side.  Agent Greenberg-Lemos stated she is not aware of any regulations that cover this issue.  There was a question on where ownership starts and ends on dunes, banks, beach, or land.  Agent Greenberg-Lemos requested the commissioners think about. 

Mail:

            180 Bayberry Lane – Conservation Trust land

            Thank you letter to Boy Scout work performed on Gull Pond.

            Violation notification – 375 King Phillip Rd, selective tree cutting

MA DOT – Herring River Dike – bridge inspection performed with some problems and requires some repair.       

            Letter of support for bringing trout back into Fresh Brook.

            Articles regarding Herring River restoration.

It was reported that the Board of Selectmen voted on charging $5.00 per person for entrance to White Crest and Cahoon Beaches.  Ed Simpson expressed concern that people will walk over the dunes to avoid paying.               

Public meeting for updated regulations:  scheduled for April 19.  Requested any suggestions/changes for the April 5, 2017 meeting.

Meeting Minutes: To be addressed at next meeting.

Public Hearings:  5:00 pm

Kamentsky, 0 Anawan Rd., Map 35, Parcel 199, NOI, vista pruning.  Gordon Peabody represented the applicant.  Gordon stated he would like to reduce the plantings proposed in the plan in order to provide nesting areas for turtles.  Barbara Brennessel stated Anawan Road has turtle nesting in the cul-d-sac and they try to nest in the road.  She stated there is a high mortality rate.  She stated the cul-d-sac used to be vegetated but is only sand due to traffic.  Gordon stated he wants to conserve the trees by not removing them, and possibly planting vegetation that would never require pruning in the event some trees came down.  The proposal is for topping 13 pine trees and remove 2 dead trees.  Barbara Brennessel stated by removing the trees, it will create sunnier areas for the turtles.  Gordon requested a reduction in the number of plantings if the trees are removed.  John would like as much vegetation as possible.  Work to be performed after Nov. 1 and before April 15 to avoid terrapin nesting and hatchling emergence, with planting in the spring.   Ed Simpson moved to approve the NOI with alternative removal of the trees; seconded by Barbara Brennessel; passed 7-0.  Supervisor:  Barbara Brennessel        

Engel, 25 Warren St., Map 36, Parcel 133, Request for Certificate of Compliance.  Gordon Peabody represented the applicant and stated there were some outstanding orders of conditions.  Agent Greenberg-Lemos stated the commission was unable to locate the plantings, and Gordon responded they were young seedlings and were completed.  The commission could not verify of the downspouts or drywells.  Trudy Vermehren moved to continue to April 5, 2017; seconded by Ed Simpson; passed 7-0.

Chequessett Neck Prop, LLC, 1400 Chequessett Neck Rd., Map 18, Parcel 6, NOI, Sectional, seasonal, removable stairs.  Lauren McKean recused herself.  Gordon Peabody represented the applicant and stated the stairs are a relatively new design which can be made in sections, clipped down and removed easily over helical rails.  He stated landings could be incorporated easily as well.  The sections would be stored out of the 50’ buffer zone.  Trudy Vermehren moved to approve the NOI; seconded by Ed Simpson; passed 6-0.   

Supervisor:  Ginie Page

Miller, 10 State St., Map 36, Parcel   29, RDA, Septic upgrade and new well.  Tim Brady had explained to the commission earlier at the business meeting that this was approved by the Board of Health, and is an improvement to the property.  Trudy Vermehren identified this as a Negative 3; seconded by Ed Simpson. Passed 7-0.   

AJOR, 6325 Chequessett Neck Rd., Map 19, Parcel 117, NOI, remove pool, replace with new pool and patio with mid-level deck (Cont’d). Peter White and Attorney Brian Wall represented the applicant.  The meeting minutes of 11/14/16 were read.  Forms were signed by members who did not attend the 11/14/16 meeting.  The December 21, 2016 meeting minutes were reviewed and those members not attending the meeting signed a form stating they reviewed the 12/21/16 meeting minutes.  Peter White reviewed all the meetings over the course of 7 months, the first application  was denied.  The new NOI project had been reduced considerably with the decking, enhancement of plantings, and improvements to the buffer zone.  Attorney Brian Wall stated the applicant has offered major mitigations from the initial filing and feels the applicant has reduced the impacts considerably.  Attorney Wall stated the buffer zone regulation is in play with where the project is located and the project was stepped back, adjustments made, and experts from LEC reviewed all the changes and expressed opinions that the work presented satisfies the regulations.  When there is expert evidence and it is not contradicted, a rule applies within the court.  A document / statement must be included in the decision on the reason why a decision is made in the negative.  Peter White reviewed again the reductions in the project.  Ginie Page stated the commission prefers work not be done within the 100’ buffer zone.  Peter stated the project is not at the 5,000 sq. ft baseline.  Ali Sands stated she recalls concerns of the commission and the potential damage to the environment.  The plantings were increased from 4 – 1 to 8 – 1New plantings surrounding a new patio were not considered as desirable as retaining on-site native vegetation, soils, and stormwater filtration.  Attorney Wall pointed out that the regulations (page 5 to 8 – NOI filing) would allow this project be permitted.  He also stated the commission has discretion and there needs to be consistency in their motions.  He referenced a previous NOI which was granted (Martin – 2007) and abutters appealed and it created more impact than what they are proposing.  Attorney Wall stated the same regulations were in place  in 2007 and this proposal is within the right to get approved and there is no significant impact.  He stated the land ownership is to the low mean water level.  Lauren McKean stated there is a revetment which she is not sure is calculated in the overall disturbance; Lauren considers this adverse disturbance to the coastal bank resource area protected by the MWPA, in addition to the buffer zone in her consideration.  Wall stated the revetment is not within the buffer zone but in the resource and does not begin until the top of the coastal bank.  Ali Sands moved to approve the NOI; seconded by John Portnoy;   In favor:  Ali Sands, John Portnoy, and Trudy Vermehren; opposed Ed Simpson, Barbara Brennessel, Lauren McKean and Ginie Page  – motion failed 3-4.

Those opposing stated the concerns were:  ground coverage and lower deck,  even though it is 275 sq ft , it is increasing the coverage, can permit up to 5,000, but we don’t have to;  additional disturbance to habitat, storm water drainage, intensive alteration to property and feels it could be reduced and mitigations could be added.; the land does not function with all the decking, and it is an increase to what was there before and there is too much within the 50 to 100 foot buffer zone.

Trudy Vermehren moved to adjourn at 6:50 pm; seconded by Barbara Brennessel; passed 7-0.               

Respectfully submitted,

Christine Bates, Committee Secretary