Approved Cons Comm Mtg Mins
Approved
Wellfleet Conservation Commission
Meeting Minutes
October 18, 2017 5:00 pm
Town Hall Meeting Room
Attendees: Trudy Vermehren, John Portnoy, John Cumbler, and Deborah Freeman, Conservation Agent Hillary Greenberg-Lemos and Christine Bates, Committee Secretary
Regrets: Barbara Brennessel and Lauren McKean
4:00 - Business Meeting & Conservation Agent's Report
Mail / Discussion
Floats/Docks/Rafts discussion: the pamphlet provided by Americorps identifying the illegal structures was discussed. It was suggested that letters be written to the property owners with unlicensed piers advising them that they have illegal structures; those with rafts need to apply for a permit from the Harbormaster. An “after the fact” NOI filing will be required (cost $1,000). John Portnoy will contact the MACC Helpline to see if and how other Massachusetts Commissions have handled piers and rafts.. Agent Greenberg-Lemos will follow up with Town Counsel for advice. The land is state land and a Chapter 91 permit is required.
Construction on the Memorial Garden at Preservation Hall started today, with no notification to agent or supervisor. No file number was posted and no copy of the Order of Conditions. Trudy Vermehren stated trees were cut and left at approximately 3 to 3 ½ feet high so that the roots can be removed. . Trudy stated she wanted the trees flush cut. Agent Greenberg-Lemos will pull the file to review the conditions. Meeting minutes were read into the record as well as the special conditions from the Order of Conditions. A citation will be issued to the applicant and the contractor performing the work due to the lack of notification to the agent and the supervisor. John Cumbler stated he would like to see a letter sent to the Town because it was approved by the Selectmen to do the work on Town property.
47 Sea Oaks – Work was performed for a view easement including tree removal, by two abutters without the benefit of an Order of Conditions. The owners of the property have spoken with Agent Greenberg-Lemos. A citation letter will be sent to Bob Bacon (one of the abutters) for doing work without filing a NOI.
There was discussion regarding abandonment and that it falls under the zoning bylaws.
MAIL:
Board of Selectmen goals included several items for the harbor, green opportunities, etc.
Letter from Agent Greenberg-Lemos to Ted Malone regarding the driveway to affordable housing at 250 Gull Pond Rd – trying to solicit a response regarding storm water problems at the site.
The playground work is complete at Mayo Beach.
The town owns two small parcels on the shoreline of Hawes Pond. Agent Greenberg-Lemos is drafting a letter to the owners of The Well regarding continued salt-marsh mowing. Agent Greenberg-Lemos will look at the site plan for the Wicked Oyster regarding the septic upgrade.
John Portnoy stated that he and John Riehl met on 11 October with hydrologists Tom Cambareri of the Cape Cod Commission, Neal Price of Horsley Witten Group and David Bennett of BEA to discuss whether tidal restoration at Mayo Creek would damage supply wells or septic systems. The consensus was that damage is unlikely based on the hydrogeology of the area, but it may be prudent to perform a pump test on the Harborside Village supply well.
Wesley Swamp – Agent Greenberg-Lemos had a discussion with Town Administrator, Dan Hoort regarding the pumping. Tom Cambareri of the Cape Cod Commission estimates that 12,000 gallons per day is pumped from the wetland. Portnoy stated that Horsley Witten Group could probably design a study and produce a report to address whether the pumping is needed to prevent damage to adjacent wastewater disposal systems; cost would be about $3000.
No Jurisdictional Opinions
Public Hearings 5:00 pm:
Lay, 10 Pine Point Rd., Map 15, Parcel 131, Certificate of Compliance. The work was completed in compliance. Trudy Vermehren moved to approve the Certificate of Compliance; seconded by John Cumbler; passed 4-0.
Melvin, 35 Holbrook Ave., Map 20, Parcel 138, NOI, (Cont’d) At the request of the applicant, the hearing will be continued to November 15, 2017. Trudy Vermehren moved; seconded by Deborah Freeman; passed 4-0.
Brokate, 99 Holbrook Ave., Map 20, Parcel 135, RDA, Septic Upgrade. David Lajoie represented the applicant and provided an overview of the project. He identified the work limit and the grade will be restored. John Portnoy identified the RDA as a Negative 3; seconded by Deborah Freeman; passed 4-0.
Michaud, 210 Kendrick Ave., Map 20, Parcel 29, NOI, Raze and Rebuild Dwelling. Kielan Healey represented the applicant and stated the proposed building will be elevated 2 ½ feet higher to meet floodplain requirements. The footprint will remain the same. He stated the front entrance will be moved to the side of the building. Additional steps will be added for access to the building. A silt fence will be used identifying the work limit. The current foundation will be removed and replaced with flood zone compliant footings.. The existing fence is not on this property but on the town road layout. John Cumbler moved to approve the NOI; seconded by Deborah Freeman; passed 4-0. Supervisor: John Portnoy.
Sherratt, 110 Cliff Rd., Map 234, Parcel 120, Amended Order of Conditions. Peter Caneen and Theresa Sprague represented the applicant and gave an overview of the project. An alternative analysis, landscape plan and topographical analysis was not provided to the commission. Theresa Sprague stated the blue stone use was significantly reduced. Barbara Brennessel, who was unable to attend the hearing, wrote her concerns which included too much hardscape, concrete pavers/stairs should be moved, leave the path to the beach “as is”, and concerns with drainage on Cliff Road to the beach. Theresa stated vegetated swales will be used for drainage. There was discussion regarding swirling sand filling the swale areas. Theresa stated there should be a monitoring program to ensure the swales will not fill up. There was in-depth discussion regarding the concrete stairs and if they should be removed and replaced with wooden stairs. There is a community access beach path. The boardwalk was found to be acceptable by the commission. Creosoted timbers need to be removed from the jurisdiction area, i.e. 100 ft from the coastal bank. Do not add timber risers to the foot path. Theresa stated the rollout boardwalk area had been previously retained by timber walls. At the request of the applicant, Trudy Vermehren moved to continue to 11/1/17; seconded by John Portnoy; passed 4-0.
Mandell, 41 9th St., Map 40, Parcels 155 and 154, NOI, construct new dwelling and studio. David Lajoie represented the applicant. A site visit was impossible today because of the high tide. . The original house was burned down. There are two resource areas, wetland and marsh on the east side. There will be a total of 3 bedrooms, which includes the studio. Mr. Lajoie stated the septic system will be located in the northeast corner of the property. The proposed well will be on the southwest. Variances are required from the Board of Health. The commission would like information on the current and proposed disturbance. Additional planting is requested for mitigation. The studio could be moved out of the resource area. John Cumbler stated he would like to see the house moved closer to the road which would impact the setbacks. A joint site visit will take place on Oct. 25 at 10:00 with Dave Lajoie. Trudy Vermehren moved to continue to 11/1/17; seconded by John Portnoy; passed 4-0.
The Business Meeting was reopened at 6:30 pm;
A photograph of Preservation Hall was shown to all members.
Trudy Vermehren moved to adjourn at 6:31 pm; seconded by Deborah Freeman; passed 4-0.
Respectfully submitted;
Christine A. Bates,
Committee Secretary