Approved 03/02/16 Cons Comm Mtg Mins
Approved
Wellfleet Conservation Commission
Meeting Minutes
March 2, 2016
DPW Meeting Room
Attendees: Barbara Brennessel, Cary Rea, Ginie Page and Lauren McKean
Regrets: Trudy Vermehren, Ed Simpson, and John Portnoy
4:00 - Business Meeting & Conservation Agent's Report
Cary Rea served as Acting Chair.
Pond Ave, Unpermitted tree cutting (Att’y Zehnder and Jeremy Young): Attorney Zehnder stated he represented the Conservation Trust which owns the property where the cutting occurred. He stated he had a conversation with Mr. Little, who had the trees cut, asking the Littles to file a NOI to do some restoration work. Mr. Little told Zehnder that he asked for engineering firm phone numbers and stated he may submit a NOI in the May timeframe. The Commission would like to see the filing take place sooner for replanting. Agent Greenberg-Lemos stated she would write the Littles another letter informing them to file by March 30, 2016. Jeremy Young said he worked for the Little’s for 3 years along with abutting neighbors and stated there were property line issues with the Conservation Trust land. He was not sure of the property lines. He stated he would be willing to help with the replanting. He stated the Little’s health is not very good and the one son lives out of the country. He stated, as a professional, that he would not plant anything after mid-June due to weather. He stated the previous owners of the property had pruned trees over 3 or 4 years ago and he followed their pruning. He pruned 12 to 15 trees and they were all 3"-5" oaks. Denny O’Connell stated the property is across the street from the Little’s. Cary Rea moved to fine both the Little’s and Jeremy Young $200; seconded by Ginie Page; passed 4-0.
Pesticide Discussion: Helen Miranda Wilson requested the topic but did not attend the meeting. Agent Greenberg-Lemos distributed a hard copy of the draft General By-Law on use of pesticides in certain areas. The Commissioners reviewed the wording of the document. There were numerous questions and concerns from the Commissioners and the audience regarding granting exemptions, enforcement, meaning of "wells of any size," state vs town jurisdiction, etc. The commission recommended clarification and more details.. Questions will be presented to Helen Miranda Wilson.
Jurisdictional Opinions: none
Meeting Minutes: Cary Rea moved to approve 02/3/16 as amended; seconded by Lauren McKean; passed 4-0.
Public Hearings 5:00 pm:
Town of Wellfleet, 140 School House, Gull Pond, NOI. Michael Talbot, Environmental Consultants, stated this is the next phase of restoration of the town landing. He recommended that the retaining wall and the stairs be removed and the area revegetated. Signs will be posted stating access is no longer available to the area. Barbara Brennessel stated she feels there is a safety issue for children going to swimming lessons due to the parking area and vehicle design of the road, and feels people will go down the hill anyway. She suggested getting rid of one set of stairs and keep one set. Talbot stated the existing stairs do not meet standards; they need to be removed and a new elevated set of stairs built in order to allow plants to grow. If the stairs are rebuilt, an amended order would have to be filed identifying the construction protocols.
Cary Rea moved to approve the NOI with the condition a discussion takes place with Suzanne Thomas about the stairs and safety issues; seconded by Ginie Page; passed 4-0. Supervisor: Barbara Brennessel.
Collins, 51 9th St., Map 40, Parcel 156, Certificate of Compliance (Cont’d). Agent Greenberg-Lemos stated she had been in contact with the owners regarding the nourishment. She has received paperwork and photographs identifying the work with ongoing conditions. Cary Rea moved to approve the Certificate of Compliance with ongoing conditions; seconded by Ginie Page; passed 4-0.
Robin, 29 Briar Lane, Map 14, Parcel 26, RDA, construct walk-in freezer within buffer zone (Cont’d), DEP had sent back the green card. Lauren McKean moved to identify this as a Negative 3; seconded by Cary Rea; passed 4-0.
Riley, 464 Rte. 6, Map 42, Parcel 22, NOI, plant trees (Cont’d). Paperwork from the state has been received. Cary Rea moved to approve the NOI; seconded by Lauren McKean; passed 4-0. Supervisor: Ed Simpson
Parker, 84 Springbrook Rd., RDA, Chickens. Construct a 14’ x 14’ pen and a 7’ coop with a nesting area. The compost will be placed approximately 95’ away. Approval has been received from the Board of Health. Cary Rea moved to identify as a Negative 2; seconded by Barbara Brennessel; passed 4-0.
Hoeland, 1440 Cheq. Neck Rd., Request for Extension. Gordon Peabody represented the applicant and requested an extension for the stair and renourishment portion. Agent Greenberg-Lemos requested photographs on a monthly basis of the bank. Ginie Page moved to approve an extension of one year; seconded by Cary Rea contingent upon receiving photographs; passed 3-1 (Lauren McKean abstaining).
Kelly, 20 4th Ave., Map 40, Parcel 15, NOI, tree removal and vista pruning (Cont'd). A certified arborist provided a new site plan and provided a narrative regarding the removal of trees and proposed replantings. Three trees will be flush cut and the rest will be pruned. Work may not start for another year due to the potential turtle nesting areas. Ginie Page moved to approve the NOI; seconded by Barbara Brennessel; passed 3-1. Ginie Page supervisor
Gainsboro, 30 Hiller Ave, Map 20, Parcel 65, NOI, remove 11 pitch pines and invasive vines (Cont'd). Chet Lay represented the applicant and Jim Shannon, a certified arborist, submitted a new narrative and replanting plan. The project has been reduced with no tree removal, some vistat pruning, and removal of invasive vines. Mr. Gainsboro stated he has been educated in promoting healthy trees. Anna Berrio, abutter, questioned what trees were going to be cut and she thought some of the trees on her property would be affected. Lauren McKean moved to approve the NOI with conditions, as well as a new site plan; seconded by Ginie Page; passed 4-0. Supervisor: Ginie Page
Rispoli Ventures, LLC, 15 LeCount Hollow Rd, Map 30, Parcel 22, Amended order of conditions (Cont'd). At the request of the applicant, Cary Rea moved to continue to 03/16/16; seconded Ginie Page; passed 4-0.
Cary Rea moved to adjourn at 6:00; seconded by Barbara Brennessel; passed 6-0.
Respectfully submitted,
Christine A. Bates, Committee Secretary