Approved 04/20/16 Mtg Mins

Meeting date: 
Wednesday, April 20, 2016

Approved

Wellfleet Conservation Commission

Meeting Minutes

April 20, 2016

Town Hall Meeting Room

Attendees:  Trudy Vermehren, Barbara Brennessel, Ed Simpson, Lauren McKean, John Portnoy, Ginie Page, and Cary Rea

Regrets:  Ed Simpson

4:00 - Business Meeting & Conservation Agent's Report

Mail / Discussion                                           

            Historical Commission – Hamblen Park – Maria Burke from the Historical Committee stated Hamblen Park has broken split rail fencing and brush in various areas.  It was agreed after a site visit that the fence should be repaired and the park tidied up.  On the town side of Uncle Tim’s bridge, the signage at the bridge is a mix of various signs and they thought signage should be universal and the same and possibly have only one sign with all the information.  Maria asked if it would be possible for a joint site visit to determine if anything could be done.  Trudy Vermehren stated she was not certain if there were any funds available for repair and signage but agreed the area should be kept neat.  Doug Guey-Lee stated they are looking at repairing the fencing.  Doug will look into the signage and Maria was informed of the site visitations on the first Wednesday of each month.

Certificate of Compliance – 63 Cottontail Road, Map 29 Parcel 4, Laurence Coultier septic upgrade.  Trudy Vermehren moved to approve the Certificate of Compliance; seconded by Ginie Page; passed 5-0.     

 

            Suzanne Thomas – Trail Run – Oysterfest.  (Suzanne Thomas was not at the hearing).  Trudy Vermehren read a letter from home owners along the proposed route of the run, stating they objected.  The roads are private roads which they have to maintain.  They stated they will not grant permission for the road race on the private road due to potential harm to the runners, as well as potential damage to homeowners and National Seashore property. 

Jurisdictional Opinions:  none

Meeting Minutes: 

Barbara Brennessel moved to approve the amended 01/06/16 meeting minutes; seconded by Cary Rea; passed 5-0.  Barbara Brennessel moved to approve the amended 03/02/16:  seconded by Cary; passed 4-0.

Doug Guey-Lee reported Field Point kayak racks were built last spring but are now in disrepair from the high tides.  There is a restricted timeframe from NHESP limiting the building in the fall.  There was discussion regarding the number of kayaks in the bay and where the kayaks are stored.  Some of the locations of the kayak racks worked very well, but other locations did not fair well.   The Conservation Commission is responsible for issuing the permits for Pleasant Point only.       

                                    

Public Hearings 5:00 pm:

Town of Wellfleet, Extension to Order of Conditions (tennis courts).  David McNevitch, Coastal Engineering Co., stated the project has not gone forward because there was previous talk regarding bathrooms at Mayo Beach.  He requested a 3 year extension.  Trudy Vermehren moved to grant the Extension; seconded by Barbara Brennessel; passed 6-0. 

 

Yudowitz, 75 Omaha Rd., Map 28, Parcel 189, NOI, (reopened due to abutter norification).   Gordon Peabody clarified that they notified everyone the Assessor’s office provided and there was never any intention of not notifying people.  The Commission had approved the proposal.  Trudy Vermehren moved to close the hearing; seconded by Barbara Brennessel; passed 6-0.  No action taken 

Sacher, 65 Vanessa’s Way, Map 29, Parcel 246, NOI, install retaining wall, reconfigure retaining wall and steps on north side of dwelling, install patio and add steps (Cont’d)

Charles Wentz from Ponderosa Landscaping, stating the driveway was moved to hold two cars, removing 2 pines, compensating by planting native plants.  The retaining wall will be from 1’ high to 2 ½ feet high, the steps will have a gravel base and he provided an overview of the walkways.  The commission was still concerned with the patio near the resource area and run off and where the garbage cans would be located.  The work will be performed in phases.  Parking is to remain in the designated parking area and garbage cans on the property.  Supervisor:  Barbara Brennessel   Trudy Vermehren moved to approve the NOI; seconded by John Portnoy; passed 6-0.     

Sherratt, 110 Cliff Road, Map 24, Parcel 120, NOI, portion of house to be moved back from edge of marine scarp, new boardwalk, new shell driveway, new retaining wall and new septic. (Cont’d).  Lauren McKean recused herself.  Chet Lay and Peter Coneen represented the applicant.  The foundation will remain in place until it reaches 15 feet from the scarp.  Paperwork from the state was received.  John Portnoy moved to approve the NOI with conditions; seconded by Cary Rea; passed 5-0.  Supervisor:  Ed Simpson 

Reich, 120 Way 657, Map 4, Parcel 15, NOI, construct cottage (Cont’d).  Lauren McKean recused herself.  Gordon Peabody represented the applicant and stated they had responded to the Commissioner’s previous concerns.  He stated there will be no steps.  Trudy Vermehren moved to approve the NOI; seconded by Barbara Brennessel; passed

5-0.  Supervisor:  John Portnoy

Rispoli Ventures, LLC, 15 Lecount Hollow Road, Map 30, Parcel 22, Amended Order of Conditions, construct walk-in cooler, roof over 2nd story deck and stairway, ramp on north side of cooler, removal of brick walkway and retaining wall and replace with new retaining wall and concrete walkway, remove and replace retaining wall below deck, install crushed stone, construct storm water drainage system, and construct concrete pad next to propane tank (Cont’d).   David McNevitch of Coastal Engineering and Eliza Cox represented the applicant.  A new site plan was provided which identified previous work, and proposed work.  On the north side of the existing propane tank, there was a concrete pad proposed.  The existing brick walkway was supposed to be replaced with a concrete sidewalk with run off materials.  The retaining wall was also going to be constructed with concrete.  There will be a concrete pad under the propane tank which will be relocated.  The drywell is no longer proposed, and there will be a pervious concrete walkway so the drainage system is no longer required.    Runoff from the gutters and spouts will be run under the pervious walkway.  The retaining wall will now become a wood retaining wall with minimal disturbance.  He reviewed the stairways, the ramp, and provided the new lot coverage and disturbance.  He stated there will be 184 sq. ft. disturbance and mitigation plantings will be within the 0 to 50’ resource area.  Trudy Vermehren stated the disturbance to the property is almost at the 5,000 sq. ft. level after this project.  Trudy Vermehren moved to approve the AOOC; seconded by Cary Rea; passed 6-0.  Lauren McKean is Supervisor  

DiRocco, 155 Indian Neck Rd., Map 28, Parcel 134, NOI, construct elevated pedestrian walkway and perform invasive species management (Cont’d). Ezra Ambrose and Theresa Sprague and Mr. DiRocco came to the table.  An alternative analysis plan was provided as well as native planting lists, and NHESP responded there is belief the Eastern Spadefoot toads are in the area and the project would be conditioned on providing habitat for the toads.  April 1 and June 30 – no work per NHESP.  The applicant would be willing to wait until September to start work.  NHESP requested all “canopy” shrubs / trees be removed to open up the vernal pool area.  Theresa stated they are planning to plant a significant number of shrubs at the roadway.  Barbara Brennessel stated this was not a hardship for the owners for the walkway.  John Portnoy stated the structure will be within the middle of the wetland based on if there is rain.  Ann Beckart, abutter, stated she is concerned with the herbicides to be used to remove some of the plants, and Theresa provided a handout of the materials to be used.  Martin Murphy, abutter, asked if it could be a pathway versus an elevated walkway.  He is concerned with wetlands being harmed, as well as the toads, and does not want the pine trees removed.  Theresa stated this is more like a boardwalk at a low elevation.  The mitigation alternative was a ground level path with yearly maintenance of cutting shrubs, etc.   Alternative 3 mitigation was reviewed by Theresa.  John Portnoy requested technical information from Theresa; Trudy Vermehren did not want to see the pines removed; three of the commissioners felt the walkway would create more issues than the removal of trees creating shade.  Theresa stated there will be no equipment used, hand removal of the invasive species.  Barbara Brennessel moved to DENY the NOI request; seconded by John Portnoy; passed 5-1 for denial of the NOI.                

Grandin, 22 Kendrick Ave, Map 21, Parcel 110, RDA, removal and replacement with larger deck and construct steps to grade.  Stephanie Sequin represented the applicant and stated a previously approved plan for a septic upgrade will have to be located at a higher grade and the deck would have to have been removed during the construction.  Due to the elevations of the grade, steps will have to be constructed for the deck, which also serves the second egress for the dwelling.  Trudy Vermehren moved to identify the project as a Negative 2; seconded by Cary Rea; passed 5-0.  

Wellfleet Conservation Trust, 140 Pond Ave, Map 29, Parcel 383, NOI, land management in cutting area.   Ginie Page recused herself.  Gordon Peabody and Denny O’Connell came to the table.  NHESP has not responded.  Denny O’Connell introduced Doug Sparrow who donated the property to the Conservation Trust.  The application provided several photographs for the commission to review as well as mitigation proposals.  Peabody stated if the stumps / trees stay healthy, they will be left alone.  There will be monitoring of the current trees and there is a new planting schedule with native plants.  John Portnoy moved to approve the NOI; seconded by Cary; passed 5-0.       

Supervisor:  Ginie Page

Foley, 10 Irene’s Way, Map 42, Parcel 24, RDA, remove 8 pine trees.  At the request of the applicant Trudy Vermehren moved to continue to 05/04/15; seconded by Barbara Brennessel; passed 6-0.

John Portnoy moved to adjourn at 7:00 pm; seconded by Barbara Brennessel; passed 6-0.

 

Respectfully submitted,

Christine A. Bates, Committee Secretary