Approved Cons Comm Mtg Mins

Meeting date: 
Wednesday, June 21, 2017

Approved

Wellfleet Conservation Commission

Meeting Minutes

June 21, 2017

Town Hall Meeting Room

Attendees:  Trudy Vermehren, Ginie Page, Barbara Brennessel, John Portnoy, and Agent Hillary Greenberg-Lemos

Regrets:  Ed Simpson and Lauren McKean

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

Mail / Discussion

Ed Simpson sent a letter to the Commission stating he was resigning.  Two people will be applying to the Board of Selectmen to join the  Commission.

Rebecca Rosenberg reported to the Commission that native red cedar, beach plum and bayberry will be planted around the renovated tennis courts at Baker’s Field as a windbreak. AmeriCorps could help with the plantings if they can be done soon.  There will be a drip irrigation system.

John Portnoy moved to accept the new planting plan; seconded by Barbara Brennessel; passed 4-0.

Agent Hillary Greenberg-Lemos stated the shed at Mayo Creek must be supported by concrete blocks or sono-tubes because of the high water table.   The shed is not subject to the flood zone building code for construction.

Jurisdictional Opinions

100 Way:  shed behind the tennis courts.    There was discussion regarding the need to anchor the shed to hold it in place in the eventuality of flooding.  Portnoy suggested helical anchors and cables. Trudy Vermehren moved to approve the Jurisdictional Opinion; seconded by John Portnoy; passed 4-0.

Louis Wide:  remove a large dead pine tree posing a threat to the house.  Barbara Brennessel moved to approve the Jurisdictional Opinion; seconded by John Portnoy; passed 4-0.

Morgan, 60 Arey Lane, 36/ 26  remove one large black pine infested with rot and insect damage.  John Portnoy moved to approve the Jurisdictional Opinion; seconded by Barbara Brennessel; passed 4-0.

Discussion of ongoing practice of placing “Chinese hats” in Chipman’s Cove for the private collection of oyster spat.   Barbara Brennessel stated, as a private citizen, that the Div. of Marine Fisheries looks at it as fishing because the growers are catching wild spat and not growing it.  Private individuals are using them anchored on the bottom, catching spat that otherwise would be for wild fishery and using it for private purposes, and there are potential boating hazards due to their height.  She stated that in the past, some growers sell the seed.rather than growing it out on their grants.   She feels people who are selling the seed are taking advantage of a program meant to harvest the seed for their own grants.  Agent Greenberg-Lemos stated you must have a permit for the seed at a State level and asked the commission if RDA’s could be granted in order to ensure that seed, caught by an individual, be grown out that individual’s grant. It is important that the seed stays within Wellfleet Harbor.  Barbara Brennessel feels this could create additional money for the town.  Agent Greenberg-Lemos stated she needed some guidance regarding the responsibility/liability of the Town for the large area being used by private individuals.  Barbara Brennessel is not aware of how many people are deploying spat collectors on Town property. Agent Greenberg-Lemos stated nothing could be done prior to the end of June, but she would like to write a letter expressing the concerns of the Commission and consider having the people receive permission through an RDA.  The commissioners will make a site visit.    

Meeting Minutes – to be addressed at next meeting.

                                     

Public Hearings 5:00 pm:

Olivia Kraus, 20 Lil’s Way, Map 29, Parcel 253:  RDA, removal of existing invasive plant species and several hazardous and invasive trees, removal of existing cool season turf, installation of native plants and native based turf substitute as well as a privacy fence, spa, walkway and small patio.  Michael Talbott represented the applicant and gave an overview of the project, identifying the various gardens the Kraus’s wish to have.  Native plantings will replace invasive vegetation. Stumps will be cut flush without soil disturbance. Trudy Vermehren stated she felt this was too extensive project for a RDA.  Mr. Talbott stated there will be no vista pruning other than two black locust.  Mr. Talbott  explained that a previous permit was issued to the previous owners and the new owners wanted to reestablish the original plans.  Agent Greenberg-Lemos will look at the previous application.  John Portnoy moved to have the applicant file an NOI; Mr. Talbott stated an agent directed him to file the RDA; the Commission requested an updated site plan identifying the trees to be removed.  The Commission also requested staking of the wetland boundary, property lines and approved vista corridors , calculation of the disturbed area  and list of plantings.  Trudy Vermehren moved to repeal the motion regarding the filing of a NOI; seconded by John Portnoy; passed 4-0.   Trudy Vermehren moved to continue to July 5, 2017; seconded by John Portnoy; passed 4-0. 

Karlson, 20 4th Ave., Map 40, Parcel 15, NOI, Construct new dwelling (Cont’d)

David Lyttle represented the applicant, stating a revised plan was provided identifying the limit of work.  NHESP requested identification of time-of-year restrictions to avoid  turtle nesting.  Mr. Lyttle identified the performance standards.  The commission was concerned with the work close to the 50’ buffer zone (decking).  Mr. Lyttle stated that he was not aware that the regulations didn’t allow any disturbance within the 50’ buffer zone from the flood zone. All trees to be removed have been  flagged.  The existing grades will be maintained on the property.  A formal vote cannot be taken due to quorum issues and lack of meeting minutes from June 7, 2017.  Trudy Vermehren moved to continue to July 5, 2017; seconded by Barbara Brennessel; passed 3-0.

Trudy Vermehren moved to reopen the Business Meeting; seconded by John Portnoy; passed 4-0.  

Letter from ZBA regarding 120 Paine Hollow Road (40B).  This project was before the Conservation Commission, approved, then appealed; however, the appeal failed.  Agent Greenberg-Lemos gave an overview of the project.  She will have a copy in her office for anyone to review if necessary.

Letter from Attorney Michael Ford requesting the  purchase of Town-owned land, including an abandoned road (Map 47), by Great Woods Field cluster development in South Wellfleet.  The request is to bring the subdivision’s required greenbelt zone into compliance.  The Commission has no jurisdiction over this land.

Climate Change Wetlands workshop:  Barbara Brennessel attended.

AmeriCorps graduation July 27, 2017.

Article in Cape Cod Times regarding kayaks and labeling.

E-mail from Tim Smith of Cape Cod National Seashore regarding the installation of sediment elevation tables in Blackfish Creek.  This is a research project to monitor sediment accretion in a natural salt marsh as a reference for planned Herring River restoration. 

Sub-Division plan   19,000 square feet is above the flood zone.  Martha Carrol’s house was mentioned as being close to the project – off Marvin’s Way.   The work would be outside of the flood zone.   

There was discussion regarding having a get together for Ginie Page and Ed Simpson.  Details to come.

Barbara Brennessel asked if we had any jurisdiction for the spraying in areas close to water.   Agent Greenberg-Lemos did not feel we had any jurisdiction.

Trudy Vermehren moved to adjourn; seconded by John Portnoy; passed 4-0.

Respectfully submitted,

Christine Bates, Committee Secretary