Approved Cons Comm Mtg Mins
Approved
Wellfleet Conservation Commission
Meeting Minutes
June 7, 2017
Town Hall Meeting Room
Attendees: Trudy Vermehren, Ginie Page, Barbara Brennessel, John Portnoy, Lauren McKean, Agent Hillary Greenberg-Lemos and Christine Bates, Committee Secretary
Regrets: Ed Simpson
Mail / Discussion
Becky Rosenthal was requested to discuss the planted windbreak at the tennis courts with the Commission. Becky stated the plans always included man-made materials for a wind screen but due to the fact the stakes could not be installed due to high water levels, Bayberry Gardens recommended privet hedge. She received approval from the Board of Selectmen with a three-year maintenance program. A planting plan was not provided to the Conservation Commission. Trudy Vermehren stated native plants should be used and privet can spread by seed. Becky stated the original fencing posts were 2 ½ inches in diameter; the new posts are 5” inches which will be placed in concrete. The wind velocity on the wind screen would require over 6” in diameter posts and the posts would have to be drilled approximately 6’deep. The courts have better drainage due to the design and there are root guards to help prevent roots going under the concrete at the courts. Trudy Vermehren requested an alternative less invasive planting plan or a man-made product plan be submitted for the file. Becky stated there was going to be an irrigation system for the privet. John Portnoy recommended getting in touch with Barnstable County Extension for guidance on native plantings. Trudy Vermehren moved to continue to 06/21/17; seconded by John Portnoy; passed 5-0.
Access to Egg Island – John Mankevetch of the Shellfish Department reported a truck owned by the Parent family (a shellfish grant holder) became stuck in the channel between Powers Landing and Egg Island after approaching via an unapproved route and had to be pulled out. He informed the family they will not have access to Egg Island until January 2018; then an inspection will be done on their truck to ensure that they have the proper equipment. Portnoy suggested that the approved access route be marked; however, Mankevetch explained that grant holders know the approved route well.
Jurisdictional Opinion
Chris Lucy, 50 Arey Lane, Map 36, Parcel 25, remove two large pines leaning over the house, remove pine near deck, and selectively remove 2 small oaks. The trees will be flush cut. Trudy Vermehren moved to approve the Jurisdictional Opinion; seconded by John Portnoy; passed 5-0.
Pearl Restaurant, 250 Commercial Street, install a temporary walk -in cooler. There was an approved Jurisdictional Opinion for a fire pit which is not going to be installed. The walk-in cooler will be on wheels and placed between the restaurant and the gift shop from June 25 to Labor Day. There is no space for a permanent cooler. John Portnoy moved to approve the project; seconded by Ginie Page; passed 5-0.
Town of Wellfleet, 70 Kendrick Ave (tennis courts) – install a pre-fabricated 10 x 12 storage shed. There was discussion regarding all the activity taking place on the property. Trudy Vermehren stated she wanted more information. Trudy Vermehren moved to deny the Jurisdictional Opinion; seconded by Ginie Page; passed 4-1. After further discussion, Trudy Vermehren withdrew her motion to deny, pending more information; seconded by Ginie Page; passed 5-0. Agent Greenberg-Lemos will bring back the Jurisdictional Opinion after receiving additional information.
Meeting Minutes
May 3, 2017 – edits were proposed. Trudy Vermehren moved to approve the amended May 3, 2017 meeting minutes; seconded by Ginie Page; passed 4-0.
May 15, 2017 – edits were proposed and accepted. Trudy Vermehren moved to approve the May 15, 2017 amended meeting minutes; seconded by Barbara Brennessel; passed 5-0.
Public Hearings 5:00 pm:
Williams, 64 Gull Pond Rd., Map 8, Parcel 25, NOI, install gravel driveway and drainage trenches (Cont’d). David Lyttle and Randy Williams came to the table and reviewed the revised plans with the Commission. The driveway sub-base was described and Mr. Lyttle read a letter providing information on the driveway. Planting notes were provided, NHESP’s letter stated this project would not involve a take. Pre-cast modular walls, 2’ x 2’ x 8 ‘ long, will be used to retain cut slopes along the driveway.. They are stable and stack on each other. Barbara Brennessel questioned the amount of disturbance, exceeding 5000 square feet, in one area in the buffer zone. Lyttle explained that that amount of disturbance was allowable because it was shared by two lots. Portnoy suggested a condition prohibiting no further disturbance within the buffer on either lot using the new driveway (Robicheau and Williams). The parties agreed to conditions. Trudy Vermehren moved to approve the NOI with condition that the grading be monitored, seconded by John Portnoy; passed 4-1. Supervisor: Trudy Vermehren
Slackman (Pearl Restaurant) 250 Commercial St., Map 21, Parcel 106, NOI, construct roof over 2nd story floor deck (Cont’d) Trudy Vermehren moved to continue to August 2, 2017 at the request of the applicant; seconded by Ginie Page; passed 5-0.
Halloran, 1360 Chequesset Neck Rd., Map 18, Parcel 5, NOI, install stairs over coastal bank (Cont’d). Lauren McKean recused herself. Jay Norton represented the applicant. NHSP letter received and there is no take. Mr. Norton gave the history of the stairs stating that the stairway had been located within the National Seashore since 1975. The owners now want the stairs located on their property. The stairs will be able to be removed during winter when bank retreat is most likely. . The stairs will meet all the local regulations. Barbara Brennessel stated other beach stairs located in the same area did not hold up during the winter months. Further discussion took place regarding the inevitable retreat of the coastal bank; the applicant understands that the stairs will still need to be completely moved back over the long term (years to decades). Ginie Page moved to approve the NOI with conditions; seconded by John Portnoy; passed 3-1 and one recused. Supervisor: John Portnoy.
Thomson / Romano, 5 Holbrook Ave., Map 21, Parcel 105, remove and replace with new dwelling with floodplain compliant foundation (Cont’d). David Lajoie and Mr. Thomson came to the table and provided a new delineation of the extent of original wetlands before historic fill was placed on the south (wetland) side of the property. Commission The open foundation will be removed on the north side and the new building will be located in the same footprint. One shed is compliant and the other 3 sheds will be removed. John Portnoy questioned how the delineation was determined for the wetland boundary and Mr. Lajoie responded it was determined by the borings. Portnoy stated the Commission is not required to approve complete reconstruction within the buffer zone; therefore, he could not vote to approve this project without significant mitigation, specifically removal of the fill over the mapped wetland in the back (south) yard. . Lajoie stated 3 holes were bored and the consultant determined where the lines were located for the wetland boundary. Mitigation also includes several new plantings and revegetation. As part of the mitigation, the approved shed will be relocated closer to the dwelling, away from the wetland and anchored on sono-tubes. Trudy Vermehren moved to approve the NOI with conditions; seconded by Lauren McKean; passed 5-0. Supervisor: John Portnoy
Surro (Ganak), West Rd., Map 46, Parcel 27, Certificate of Compliance. The project is complete and in compliance. John Portnoy moved to approve the Certificate of Compliance; seconded by Ginie Page; passed 5-0.
Ganak, 55 Parkington Rd., Map 46, Parcel 27, Certificate of Compliance. The project is complete and in compliance. John Portnoy moved to approve the Certificate of Compliance; seconded by Ginie Page, passed 5-0.
Okrent, 100 D Street, Map 40, Parcel 22, RDA, thin out scrub oaks and pitch pines to be replaced with varied trees and shrubs. Gordon Peabody represented the applicant and gave an overview of the project. Native plantings will replace the oaks and pitch pines. John Portnoy identified the project as a Negative 3; seconded by Ginie Page; passed 5-0.
Klahne, 250B Holbrook Ave., Map 14, Parcel 166, RDA, install shed. Mr. Klahne stated the shed will be attached to the back of the house. The narrative for the project was reviewed by the committee. Trudy Vermehren identified this RDA as a negative 3; seconded by John Portnoy; passed 5-0
. Karlson, 20 4th Ave., Map 40, Parcel 15, NOI, Construct new dwelling. Attorney Bruce Bierhans, David Lyttle, Sibel Asantugrul and Mr. and Mrs. Karlson were at the hearing. The Commission was unable to make a site visit due to tides. Mr. Lyttle stated the site has been staked. Mr. Lyttle described the resources on the property as well as on the abutting properties. A narrative for the project, including impacts to the resources, was reviewed.. Disturbed areas will be restored to their natural state. NHESP had not responded. The Commission will make a site visit. Architect Sibel Asantugrul provided her design plans for the dwelling and how they fit into the landscape. David Lyttle requested he attend the site visit with the Commission. Daniel Okrent, neighbor, requested his view easement be identified on the site plan. Mr. Karlson stated he may want to make a path on the property. In a letter William Huss objected to the project as presented and requested the design be changed to have the project located completely outside of the buffer zones. He is concerned with turtle activity in the area as well as water issues. Trudy Vermehren moved to continue to June 21, 2017; seconded by Ginie Page; passed 5-0.
6:55 pm
Trudy Vermehren moved to adjourn the public hearing and reopen the business meeting; seconded by Ginie Page, passed 5-0.
Business: The ZBA requested a statement from the Conservation Commission regarding the 40B Housing project located at 120 Paine Hollow Rd. Agent Greenberg-Lemos stated an Order of Conditions was issued and appealed by neighbors. The Court affirmed the Commission’s decision. Town Counsel has requested a letter stating that the Commission uphold the decision. Trudy Vermehren moved to approve; seconded by Ginie Page; passed 5-0.
7:05 pm
Trudy Vermehren moved to close the business meeting; seconded by Ginie Page; passed 5-0. Trudy Vermehren moved to go into Executive Session in regards to an appeal.
Trudy Vermehren – aye John Portnoy – aye
Ginie Page - aye Lauren McKean – aye
Barbara Brennessel - aye
The meeting will not be reconvened in open session.
Respectfully submitted,
Christine Bates, Committee Secretary