Approved Cons Comm Mtg Mins
Approved
Wellfleet Conservation Commission
Meeting Minutes
November 1, 2017 5:00 pm
Town Hall Meeting Room
Attendees: Acting Chair Lauren McKean, John Portnoy, John Cumbler, and Deborah Freeman, Barbara Brennessel, Conservation Agent Hillary Greenberg-Lemos and Christine Bates, Committee Secretary
Regrets: Trudy Vermehren
4:00 - Business Meeting & Conservation Agent's Report
Mail / Discussion
RFP available from Division of Marine & Fisheries – improvement projects (example – terrapin habitat or oyster habitat (paperwork was due 10/31/17)
Jurisdictional Opinion: Bill Iacuessa, representing the Wellfleet Conservation Trust, sought permission to install a bench on Map 35/ Lot 202, south end of Indian Neck located on Conservation Trust property. It would overlook Blackfish Creek. (Deborah Freeman recused). Barbara Brennessel would like to do a site visit to ensure this is not a turtle habitat area. John Portnoy moved to approve the Jurisdictional Opinion; seconded by John Cumbler, with condition Barbara Brennessel approves area; passed 4-0.
Jurisdictional Opinion: Map 22/ Lot 21, place 6 foot long bench, Old Pier Road on Conservation Trust land. Deborah Freeman recused herself. John Cumbler moved to approve the Jurisdictional Opinion; seconded by John Portnoy; passed 4-0.
Mail cont’d
Notice of Violation from Agent Hillary Greenberg-Lemos regarding selective cutting of trees on Sea Oaks Way. A copy was sent to the owners and to several neighbors. There was no request for activity so a fine will be sent and an “after the fact” filing.
Letter from Agent Greenberg-Lemos to The Wagner regarding problems at Hawes Pond due to salt-marsh mowing and the blockage of salt water entering the pond; the latter is blocking fish movement, including an historic eel fishery, and will likely cause invasive Phragmites to eliminate remaining native salt marsh vegetation. The letter stated the Commission had not received the requested site plan and the owner of the land had still been mowing the marsh area.
Dan Hoort stated he had a conversation with a representative from the state DOT regarding the culvert on Main St / Route 6 area. Dan supported the position of Agent Greenberg-Lemos and the Commission on the harm caused by blocking all saltwater flow through the culvert under Main St. Agent Greenberg-Lemos stated a RDA was received from the Wagner’s for grease traps, but the site plan provided did not identify the marsh.
Shed located within the resources at 50 Higgins Lane. Agent Greenberg-Lemos will contact to either remove the shed or come before the Commission.
Lauren McKean stated there have been problems with projects being started without supervisor notification. Agent Greenberg Lemos recommended a fine be sent to those who do not call the supervisor. John Portnoy recommended adding a colored notification on top of the NOI. There was discussion regarding the contractor not being made aware of the conditions.
A workshop in Osterville will be held on APPC storm water management through detention swales, etc.
Lauren McKean would like Americorps to work on cleaning out Wesley Swamp. Delineation needs to be completed to determine who owns all the land.
John Portnoy and Deborah Freeman reported they attended MACC classes on 28 October. Deborah stated “how to read maps” was very educational, especially the scales used by engineers. Each town has their own requirements for site plans. John Portnoy reported Peer Review consultants can be hired to monitor a project, (owner of property pays). It is legal for an applicant and agent or a Commissioner to meet regarding projects, as long as there is no quorum. The Agent can enter private property to investigate potential violations but, given the Fourth amendment to the US Constitution, the legality of this has been questioned. A legally acceptable alternative is to obtain an Administrative Warrant. Agent Greenberg-Lemos stated she feels she needs documentation to enter private property.
Enforcement Orders fees could be as high as an “after the fact” filing. John Portnoy questioned if fill is used, and there is a property transfer, would it apply to each new owner after 3 years.
Memorial Park at Preservation l – tree work is complete and the Commission needs to see a grading plan.
Lauren McKean recommended making a “to do” list for winter projects such as regulation changes, enforcement fees, disturbance numbers, boats / floats,
Public Hearings 5:00 pm:
Sherratt, 110 Cliff Rd., Map 234, Parcel 120, AOOC (Cont’d). Lauren McKean recused herself. Theresa Sprague gave an overview of the revised plans and the project. She stated that all of the changes requested by the Commission have been made on the new plans. She questioned whether removing the concrete steps is an improvement to the resource area. She feels that by replacing them, it will create more disturbance. A portion of the stairs are outside of the Commission’s jurisdiction. John Cumbler stated the wall will have to be removed if the area is within 15’ of the coastal bank and at that point, he would like the concrete steps removed
Agent Greenberg-Lemos stated there are issues with the way water is running into the area. Theresa stated the area around the steps is very porous. John Portnoy moved to approve the AOOC; seconded by John Cumbler; decision 2 – 2 (denied). John Cumbler moved to reconsider the project; seconded by John Portnoy; passed 4-0. Theresa stated the concrete steps will be removed. John Portnoy moved to approve the plan without the concrete steps, which will be removed; seconded by John Cumbler; passed 4-0 with conditions. A new RDA will be filed regarding replacement of the stairs. Supervisors: Agent
Mandell, 41 9th St., Map 40, Parcels 155 and 154, NOI (Cont’d) David Lajoie represented the applicant. The existing dwelling was burned to the ground, a site visit was made by the Commission. David Lajoie reviewed the site plan. A letter supporting the proposal was read into the record from Arthur Cashen. Deborah Freeman moved to approve the NOI; seconded by John P; passed 5-0. Supervisor: Barbara Brennessel
Berliner, 305 King Phillips Rd., Map 35, Parcel 197, Certificate of Compliance. A site visit was made by the agent and the project is in compliance. John Portnoy moved to approve the Certificate of Compliance; seconded by John Cumbler; passed 5-0.
Connell, 60 Ione Rd., Map 28, Parcel 64, RDA, demolish and replace deck. Paul Renault, contractor, gave an overview of the project, stating it will be the same size. He will be putting in new sonotubes, (4 or 8) depending on the condition of the current supports. John Cumbler identified the project as a Negative 3; seconded by John Portnoy; passed 5-0.
Currier, 1045 Chequessett Neck Rd., Map 19, Parcel 92, RDA, Install three 2 x 10’ forms each 12” wide and 9’ long for installation of solar panels. Mark Robinson represented the applicant and stated this is a surface mount, 100% within the dog fencing. The location will be closer to the house than the previous windmill was located and the same trench will be used. The area is already impacted by the dogs. The Commission was looking for some mitigation and will make a site visit. John Portnoy moved to continue to 11/15/17; seconded by Lauren McKean; passed 5-0.
Morrison, 88 Samoset Ave., Map 28, Parcel 128, NOI, construct new driveway and relocate existing shed. Paul McGill, property owner, and Stephanie Sequin came to the table and gave an overview of the history of the property and the resource area. Three homes were in common ownership and there is a shared driveway. The owners would like to have an individual driveway and the new location of the shed is just inside the 100-ft buffer zone. All excavated materials will be removed from the property. Mr. McGill stated he designed the driveway location, taking into consideration the neighbors as well as retaining all trees. He gave an overview of the native plants he wants to plant. He stated he plans on removing invasive species. An abutter questioned if the property address will have to be changed in the event of an emergency (Mauricio).
John Walsh, abutter, questioned the location of the driveway, since it is being located from a paper road. John Portnoy requested a planting plan, including the driveway. Agent Greenberg-Lemos recommended a planting plan be provided after the driveway is constructed. Lauren McKean moved to approve the NOI; seconded by John C; passed 5-0. Supervisor: Deborah Freeman
Boehringer, (Wellfleet Conservation Trust, owner), 10 Bay View Ave., Map 35, Parcel 33, NOI, repair sand fencing along coastal bank base. Deborah Freeman recused herself. Bob Boehringer stated the fences he installed 2 or 3 years ago did not hold up too well and would like to replace them. He stated he will shovel those portions that are buried and reuse any that is still viable. He would like to place the fencing 18” below surface. Agent Greenberg-Lemos stated the fence has held the sand behind it. John Portnoy stated additional fencing could be placed behind the units that are buried. Mr. Boehringer stated he would be willing to do that and place it landward. The kayak rack will be placed approximately 10” inside the Trust property. A permission letter was signed by the Conservation Trust. Certified receipts were not received. Lauren McKean moved to continue to 11/15/17; seconded by Barbara Brennessel; passed 4-0 with 1 recusal. Mr. Boehringer’s presence is not required at the next meeting.
Laurel Nominee Trust, 715 Chequesset Neck Rd., Map 19, Parcel 113, NOI, remove and rebuild dwelling, perform invasive species management and install landscaping. Tim Brady, Kris Ahourshie, and Katrene Higgins gave an overview of the 3 stages of the project. The new dwelling will be constructed 50’ from the coastal bank; the property is within the Wellfleet ACEC; a new driveway and parking area will be constructed with catch basins and the steepest section will be paved. The current septic system will be replaced; the existing well will remain in the same location and the current driveway will be eliminated. All the stormwater from the house will be pitched toward the parking area. Brady stated the driveway is steep. No house design has been determined and the Commission requires a design plan to see how runoff will be handled. The stairs on the right hand side are not a part of the property. Agent Greenberg-Lemos stated that the property (Zimmerman) has to perform renourishment by January 1, 2018. Kris Ahourshie described the retaining walls and grading. Some vegetation will take place on town property. There was discussion regarding other vegetative plantings and the Commission requested what the disturbance will be in the 50 and 100 buffer zones. Kris stated the abutter’s view will not be disturbed. Agent Greenberg-Lemos request all 3 individual plans be made into one. They want to see all the hardscape on one plan. Katrene Higgins provided information on the ecological descriptions of what is currently on the property. She stated non-native, invasive trees will be removed; native vegetation will stay, and grasses to be planted on the bank for coastal management. There will be 2 work limit areas, one for the demolition of the original dwelling and then one for the new dwelling. Lauren McKean moved to continue to 11/15/17; seconded by Deborah Freeman; passed 5-0.
Pilcher, 210 Kendrick Ave, Unit 3, Map 20, Parcel 29, NOI, raze and replace single family dwelling. Kieran Healey represented the applicant. Revised plans dated 10/19/17 were disbursed. A small crawl space will be placed under the building meeting the flood plain requirements, and a single family 2 bedroom, one story dwelling will be constructed. An additional 110 square feet will be added to the footprint at the rear of the building. Native grasses (Cape Cod mix) will be planted. John Cumbler moved to approve the NOI; seconded by Lauren McKean; passed 5-0. Supervisor: John Portnoy
Lauren McKean moved to adjourn at 7:00 pm; seconded by John Portnoy; passed 5-0.
Respectfully submitted;
Christine A. Bates,
Committee Secretary