Approved Conservation Commission Mtg Mins

Meeting date: 
Wednesday, May 2, 2018

Approved

Wellfleet Conservation Commission

Meeting Minutes

May 2, 2018

Town Hall Meeting Room

Attendees:  Trudy Vermehren, Barbara Brennessel, Deborah Freeman, Lauren McKean and John Portnoy, Conservation Agent Hillary Greenberg-Lemos

Regrets:  John Cumbler

BUSINESS MEETING

Chair Trudy Vermehren called the meeting to order at 4:00 p.m.

Meeting Minutes

Deborah Freeman moved to approve the minutes of April 18, 2018 as amended.  John Portnoy seconded, and the motion carried 4-0.

Site Visits

The Conservation Agent and Commissioners discussed a recent site visit to the intersection of Main St. and Route 6.

The Commission discussed a site visit requested by Randy and Patricia Bartlett at 50 Steele Rd. to address issues with damaged trees.  The Bartlett’s will be reminded that they had previously been asked to provide the Conservation Commission with a site plan.  Trudy Vermehren said a booklet called “Trees Provincetown” deals with threats to trees.  Deborah Freeman volunteered to examine “Trees Provincetown,” for possible application to Wellfleet issues.  Hillary Greenberg suggested that the Bartlet’ts also examine the common diseases in trees.

Pond Clean-up Day

Lauren McKean said the Friends of the Cape Cod National Seashore’s Pond Clean-up Day will be held on Monday May 14th.  She explained which ponds would be visited that day for plantings and jute laying.  She said the Wellfleet group would be meeting at Great Pond, Wellfleet. 

Mail

There was no mail introduced at the meeting. 

Jurisdictional Opinions

Esther Elkin requested removal of trees, threatening her house at 100 Catboat Rd.  Assistant Conservation Agent Doug Guey-Lee had assessed the site and agreed that the trees need to be removed.

Trudy Vermehren moved to approve the Jurisdictional Opinion for Esther Elkin.  John Portnoy seconded, and the motion carried 5-0.

Conservation Commission Membership

Trudy Vermehren discussed her intention to retire from the Conservation Commission at the end of her term on June 30th.  The Commissioners shared ideas for recruiting new members.

Inspection Requests

Deborah Freeman requested that the Conservation Agent check on a construction site at Chipman’s Cove.  Trudy Vermehren requested that the construction at the Letendre property on Paine Hollow Rd. near the pond be checked.  She also asked about the Rose garage on Main St. and a failing septic system at the Benson Downs & Young building on Briar Lane. 

Barbara Brennessel asked about projects that are completed but haven’t been closed out with the Commission.

Other Announcements

Hillary Greenberg announced an erosion control class offered

The Conservation Department plans to apply jointly with Truro for a Municipal Vulnerability Preparedness grant for help in planning for climate change.   It will require meeting deadlines and offering workshops, Conservation Agent Greenberg-Lemos said. She is planning to submit an application for a May 11, 2018 deadline.  Lauren McKean will ask the Seashore to write a support letter even though they will not be participants.

Lauren McKean requested that a workshop idea be added to the May 2nd agenda.  This is for a present to two Conservation Commissions and Park Service, she said. 

Beach Visit

Hillary Greenberg said she had visited all the beaches on the ocean side today.  The Cahoon Hollow/Beachcomber beach was the worst.  There will be machinery needed to moved sand and recreate paths down the dune.  Remediation will begin in the next few days.  She said Whitecrest Beach needs work at the bottom of the dune.  Newcomb Hollow is basically intact.

AmeriCorps Application

Hillary  Greenberg-Lemos said she had applied for a new AmeriCorps shared worker for next year. 

                                 

Public Hearings 5:00 pm:

Meyer, 70 Cliff Road, Certificate of Compliance

East Cape engineering had reported that the plantings were in compliance.  Hillary Greenberg said that the bittersweet continues to grow and is pulled out by hand.  Trudy Vermehren moved to issue the Certificate of Compliance for 70 Cliff Rd. with the condition that the bittersweet removal from the property continue. Barbara Brennessel seconded, and the motion carried 5 0.

Melvin, 35 Holbrook Ave., Map 20, Parcel 138, NOI, demolish and rebuild 2 dwellings (Cont’d)

Mr. Melvin, Attorney Lisa Cox and engineer Dave Sedowski presented a plan to replace the existing cesspools and well with one new IA and one new well.  This is a project much more reduced than the original proposal.  The 1970 house will remain, but they have reached out to the DEP and submitted to the Health Agent.    Barbara Brennessel asked about use of the easement to the house with equipment.  Mr. Melvin explained there would be a dump truck at the site.

 Abutter Alfred Pickard said he had not received the revised plans he had requested from the owner. He said he couldn’t understand how his neighbor could fix the road when he was not allowed to do so as owner.  Mr. Pickard asked about the weight of the septic system that would be transported across the easement.  Mr. Sedowski said the septic would be delivered in two pieces of 8,000 pounds each.  Lauren McKean said there is a note about matting to be placed on the road to accommodate the weight.  Mr. Pickard asked about a mechanism to fix the apron of his road if it is damaged.  The project will not receive a Certificate of Compliance unless any damaged has been repaired. 

Mr. Sedowski said it was true that he had not given Alfred Pickard a copy of the plan.  Mr. Pickard said the easement and access should be approved in advance of the project.  Lisa Cox said photographs as a condition was acceptable.  Lauren McKean said she would recommend use of matting on the apron and top of the road.  Mr. Pickard said the entire road is in the floodplain.  John Portnoy said he would like to see a more detailed plan of the grade of the road and property. 

Mr. Sedowski explained the drip system to be installed in the hillside.    He said he will need to bring in fill to raise to elevation 8 or 9 feet in the area for the system.  He said a backhoe would be going down the road.  There will not be a pile driving vehicle or a cement mixer.  Trudy Vermehren asked for specifications of the dump truck.  Further materials requested for submission were a detailed survey map including the access road across Mr. Pickard’s property, the size of the dump truck and protocols.

John Portnoy said he does not accept the determination for Mayo Creek as a perennial river.  Mr. Paul Shea, said DEP identifies the wetland criteria.  Mr. Shea gave his observation of the Mayo Creek marsh as of this date.  He mentioned the large red maple tree at marker 8A and other maple trees that are there because of the fresh water that exists.  Alfred Pickard disagreed with this, saying that fresh springs exist within the marsh area. 

Deborah Freeman requested the survey of the entire property and roadway easement. 

Trudy Vermehren said the stamped plan was not as complete as the Commission needed.  John Portnoy requested a 10 ft. horizonal grid and 0.1 vertical resolution for the plan.  Lauren McKean requested the protocol for equipment as it relates to the construction matting. 

Trudy Vermehren moved to continue the hearing to May 16, 2018.  Deborah Freeman seconded, and the motion carried 5-0.

Cooney, 3 Kendrick Ave., Map 21, Parcel 112, Request for Extension

Stephen Cooney, owner of the property, came forward and explained his request for an extension because the original Order of Conditions will expire this September.  His planned construction is in the fall.  He explained that the property is placed on the market to test its value.

Conservation Agent Greenberg-Lemos said the amended Order of Conditions was good until December 2019.  Mr. Cooney reviewed the original Order of Conditions.  He said that the amendment does not extend his original Order of Conditions.   He suggested a two-year extension.  Ms. Greenberg-Lemos discussed changes expected on the Commission and climate change that could affect the project. 

Trudy Vermehren moved to grant a one-year extension for 2 Kendrick Ave., Map 21, Parcel 112.  John Portnoy seconded, and the motion carried 5-0.

Daniels, 260 Kendrick Ave., Map 20, Parcel 30, RDA, Construct driveway

Owner Stephen D. Daniels explained how he had already constructed a driveway at 260 Kendrick Ave. and was now coming for a Request of Determination of Applicability (RDA).  He said the adjacent property, where there had been a shared driveway, had been turned into condominiums.  He had accommodated them and defined the area for parking in the new driveway, he said.  Trudy Vermehren examined the plan that had been submitted and requested more information on the flower garden, the retaining wall, and picket fence that are all within the 100 feet of the coastal dune.  Mr. Daniels said he had worked with the Assistant Conservation Agent, but Ms. Vermehren said explained the Commission’s need for more details.   The Conservation Agent requested a drawing of what Mr. Daniels proposed for 260 Kendrick Ave.  Chair Vermehren requested a new representation with a sketch of the retaining wall, square footage, scope, location of plantings, and the names of the native species to be used.  Mr. Daniels requested a continuance.  Trudy Vermehren moved to continue to May 16, 2018.  Deborah Freeman seconded, and the motion carried 5-0.

Bunis, 165 Baker Rd., Map 29, Parcel 335, NOI, remodel and construct additions and remove patio

Tim Brady of East Cape Engineering, Mr. & Mrs. Bunis and the architect Jay Horowitz were present.  Tim Brady explained the plan for 165 Baker Rd.  He said the natural conditions on the property would be maintained.  All work will take place from the driveway area, but there will be work going on all around the building.  John Portnoy asked about the work area within the 100 ft. buffer zone.  Lauren McKean asked about the height of the deck.  Trudy Vermehren requested a planting plan prior to issuing an Order of Conditions.   Mr. Brady said he will send the NOI electronically in the future.  He will still be submitting plans on paper.  Trudy Vermehren moved to approve with planting plan and calculations of the work area.  John Portnoy seconded, and the motion carried 5-0.   Lauren McKean will be supervisor of the project. 

Adjournment

Chair Vermehren moved to adjourn.  John Portnoy seconded, and the motion carried 5-0.

The meeting was adjourned at 6:00 p.m.         

Respectfully submitted,

Mary Rogers, Secretary              

Minute Amendments to minutes are on hard copy  mostly by Barbara B

 Support Public Lands

Bartlett’s letter of request for a site visit

Rispoli  $300 fine