Approved Cons Comm Mtg Mins
Approved
Wellfleet Conservation Commission
Meeting Minutes
August 2, 2017
Town Hall Meeting Room
Attendees: Barabara Brennessel, John Portnoy, Deborah Freeman, Trudy Vermehren,
Lauren McKean, and John Cumbler, Agent Hillary Greenberg-Lemos and Christine Bates, Committee Secretary
4:00 - Business Meeting & Conservation Agent's Report
Mail / Discussion
Discussion: Wesley Swamp – John Portnoy reported that spadefoot toads were again observed spawning in the swamp last month; an audio recording of the breeding chorus was provided by Randy Ladd. Spadefoot toads are listed as “threatened” by MNHESP, and Wesley Swamp is a state-certified vernal pool. Spadefoot toads only spawn during/after a very heavy rain, and the Wesley Swamp pumping reduces breeding habitat and may actually kill toad eggs and larvae. In addition, pumping by the Town has altered this vernal pool’s hydrology and favored invasion by non-native plants. Portnoy stated that, after conversations with DPW staff, he has found no clear justification for the pumping, nor rationale for the set-point of the pump’s float switch. Meanwhile, there is general concern among abutters that the pumping is required to lower the adjacent groundwater level – to maintain the required five-foot separation between the water table and septic leach fields. The entire swamp is privately owned, with the exception of the filled portion behind Town-owned Preservation Hall. (Groundwater elevations noted on adjacent septic plans indicate that the local water table is perched well above the regional groundwater level.) John Portnoy stated we would need to hire a hydrologist to design a study of the need for continued pumping and to analyze and report results. Previous discussions with hydrologists suggest that the pumping may have little effect on groundwater and nearby septic systems, while having a substantial effect in lowering wetland water levels and reducing hydroperiod. Consultant fees could cost a few thousand dollars and tests with and without the pumping would need to be done. The owners would need to be notified. There Commission questioned whether the Town-owned and Town-maintained pump, operating on private property, provides any public benefit. John Portnoy offered to talk further with hydrologists at Horsley-Witten about a possible study; however, Agent Greenberg-Lemos will first contact Tom Cambareri of the Cape Cod Commission for technical assistance and possible funding (e.g. Delta funds). Mark Gabriele said that the swamp should be seen as an asset to the town and interpretive signage may be helpful. Agent Greenberg-Lemos will check the deed of the Wellfleet Marketplace to see if the Town has a drainage easement for the pump.
CPA commission – Ed Simpson resigned as the representative from the Commission and Agent Greenberg-Lemos asked members to think about becoming the rep.
Jurisdictional Opinions
Borsch, 80 Aunt Sarah’s way, remove 2 trees. Trudy Vermehren moved to approve the Jurisdictional Opinion; seconded by Debbie Freeman; passed 6-0.
Art Hugey, 264 King Phillip Rd., remove 8 dead and dying trees from the resource area. Trees are affected by the pine-bark beetle. Trudy Vermehren moved to have a site visit; no second. Further discussion took place regarding the project. Trudy Vermehren again moved to have a site visit; seconded by John Portnoy; passed 6-0.
Tom Siggia,. 4 pine trees in front and 2 on the side infected by pine-bark beetle, total of 6 trees. Agent Greenberg-Lemos confirmed the infestations. Mr. Siggia stated the trees would be removed from the property by a professional. The large logs are dragged out, then placed on a truck for removal. There was discussion regarding the best time to remove the trees. The Siggias will get back with Agent Greenberg-Lemos with the timeframe and type of removal. Trudy Vermehren moved to approve the Jurisdictional Opinion; seconded by Barbara Brennessel; passed 6-0.
Agent Greenberg-Lemos reported William Young did not respond to the letter sent to him regarding the illegal dumping of shell on the salt marsh at Paine Hollow landing. The commission felt a citation would be in order. Trudy Vermehren moved to issue a citation; seconded by John Portnoy; passed 6-0.
Meeting Minutes
07/05/17: Barbara Brennessel moved to approve the amended meeting minutes; seconded by John Portnoy; passed 5-0.
07/19/17 Trudy Vermehren moved to approve the amended meeting minutes; seconded by John Portnoy; passed 6-0.
Reorganization of the Board: to be determined at next week.
Barbara Brennessel volunteered to be the secretary of the commission.
Public Hearings 5:05 pm:
Cohen, 400 Pleasant Point Ave., Map 365, Parcel 193, Certificate of Compliance. Gordon Peabody represented the applicant and stated the project is in compliance. Lauren McKean, supervisor; stated the job is complete. John Portnoy moved to approve the Certificate of Compliance; seconded by Barbara Brennessel; passed 6-0.
Community Housing Resource, 120 Paine Hollow Rd., Request for 3-year Extension
June 28th, letter received requesting 3-year extension. Trudy Vermehren moved to issue a 3-year extension; seconded by Barbara Brennessel; passed 5-1 (John Cumbler recused himself)
Slackman, (the Pearl), 250 Commercial St., Map 21, Parcel 106, Roof over 2nd story deck (Cont’d). The applicant requested a continuation to October 4, 2017. Trudy Vermehren moved to continue to 10/04/17; seconded by Lauren McKean; passed 6-0.
Douglis, 70 Eric’s Way, Map 8, Parcel 68, NOI, septic upgrade. Jason Ellis represented the applicant and stated the dwelling is on the market to be sold and requires a septic upgrade. The well will be relocated to maximize the distance to the leach area. The project was approved by the Board of Health. John Portnoy stated there appeared to be new stairs going to the patio area which were not reviewed by the commission and there is a walkway that is eroding. Mr. Ellis stated the stairs will have to be removed for the installation of the septic and there will be some revegetation in the area. The commission would like to see a revegetation plan. Trudy Vermehren moved to continue to 08/16/17; seconded by Debbie Freeman; passed 6-0.
DiBianco, 52 Ione Rd., Map 28, Parcel 63, NOI, 2nd floor addition, septic upgrade. David Lajoie represented the applicant along with Jay Horowitz, architect. Lajoie stated the 2nd floor will be removed and a new 2nd floor will replace it. A dumpster will be in the driveway, retaining walls will remain, access will be from the driveway along the side of the existing building. The footprint will not change. There will be an installation of a new septic system. Plantings will be on the water side of the property. Lajoie stated the house is not within the mapped MESA area despite the presence of prickly pear cactus. If the prickly pear is within the leach area, Lajoie will transplant them. Lauren McKean moved to approve the NOI subject to a response from MESA; passed 5-1 (abstain) Supervisor: Barbara Brennessel
Trudy Vermehren moved to close the public hearings at 5:35 pm; seconded by John Portnoy; passed 6-0.
Business meeting reopened:
Trudy Vermehren stated people will be moving into the 250 Gull Pond Road affordable housing project. Drainage needed to be updated as well as invasive species removed.
Trudy Vermehren reported Randy Williams’s project looks good.
Trudy Vermehren moved that Barbara Brennessel become secretary; seconded by John Portnoy; passed 6-0.
Barbara Brennessel provided an overview of the meeting with the Shellfish Advisory Board regarding Chinese hats. Barbara Brennessel discovered that permission for this activity was granted in 1992 but she is not sure if conditions of the permit were being followed. She recommended that the new shellfish constable work with the Board of Selectmen and get a management plan in place. She stated the hats are visible at low tide. She is hoping DMF will respond with guidance. There has been a request from the Shellfish Board(?) to extend the deployment of hats in Chipman’s Cove from the present limit of 15 September to 20 October.
Hawes Pond: John Portnoy stated a new valve has been installed and it is keeping the salt water out. He said that this will lead to the loss of existing salt marsh vegetation, block fish access, including a documented eel wintering site and traditional eel fishery; the blockage of seawater inflow is probably causing eutrophication and oxygen depletion in Hawes Pond. Owners of an abutting property (The Well) were concerned for tidal flooding and complained to the state DOT, which consequently installed the new valve under an emergency permit, i.e. without Commission and public review. Agent Greenberg-Lemos will write a letter to DOT and DER detailing Commission concerns for the adverse effects of the valve. There was discussion regarding past wetland violations on the property (The Well), including mowing of the salt marsh, and the resistance from the owner to comply with wetland protection laws and conservation agent guidance.
Trudy Vermehren moved to adjourn at 6:15 pm; seconded by John Cumbler; passed 6-0.
Respectfully submitted,
Christine Bates, Committee Secretary