Print
Share page with AddThis

Approved 05/06/15 Cons Comm Meeting Minutes

Meeting date: 
Wednesday, May 6, 2015

Approved

Wellfleet Conservation Commission

Meeting Minutes

May 6, 2015

Town Hall Meeting Room

 

Attendees:  Trudy Vermehren, John Portnoy, Cary Rea, Barbara Brennessel, Ed Simpson

Regrets:  Lauren McKean and Ginie Page

Staff:  Hillary Greenberg-Lemos, Agent, Christine Bates, Committee Secretary

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

NRAB:  1)  Kayak launch at Bank St. Landing

  1. Town Landing on Squires Pond

The above items will be discussed  at a future meeting

 

Herring River Low Lying Roads – to be discussed  at a future meeting

Fees – to be discussed  at a future meeting

Field change for 240 Blue Heron Rd.  A deck was permitted in 2013.  The deck will not be located closer to protected  resources.  Trudy Vermehren moved to approve the Field change; seconded by Cary Rea; passed 5-0.

 

Olga Kahn read a letter regarding tree cutting on 15 Marshview (Fox Island area).  A previous Jurisdictional Opinion was approved and issued to Mr. Riley regarding this tree cutting and Ms. Kahn  questioned who how this was determined..  She stated  several trees were cut on common areas and on other private properties.  She would like to know the process to appeal the Jurisdictional Opinion.  Agent Greenberg-Lemos and Trudy Vermehren stated the issue could not be discussed at a hearing without Mr. Riley being present.  Ms. Kahn supplied a site plan identifying the trees that were cut.

 

Jurisdictional Opinion,

  • Harrison, Map 41/Parcel 2:  130 Blue Heron Rd.  Charles Wentz of Ponderosa Landscaping stated the home owner would like to add a three foot high timber retaining wall under the deck which will allow a level walkway to the patio.  Ed Simpson moved to approve the Jurisdictional Opinion; seconded by John Portnoy; passed 5-0.

 

  • Palmer, 70 Lookout Road, Map 35, Parcel 7, pruning of 5 pine trees.  Trudy Vermehren moved to approve the Jurisdictional Opinion; seconded by Ed Simpson; passed 5-0.

 

  • Reich, 120 Way 657, Map 4, Parcel 15, fill in cesspool with clean sand.  Ed Simpson moved to approve the Jurisdictional Opinion; seconded by John Portnoy; passed 5-0.

 

  • Hartswick, 40 1st Ave., Map 30, Parcel 124, replace deck frame boards, replace metal bulkhead, some re-shingling and replace split rail fence posts.  John Portnoy moved to approve the Jurisdictional Opinion; seconded by Cary Rea; passed 5-0.

 

  • Herring River Restoration Committee:  geotechnical borings for High Toss Road. Four  borings are proposed to assess bridge/walkway options for passing over the road.  Trudy Vermehren moved to approve the Jurisdictional Opinion; seconded by Ed Simpson; passed 5-0.    

 

  • John Colman:   USGS – install a 4’ x 6’ gage house on the ocean side and a road box on railing side of  the Chequessett Neck Dike to monitor tide flow and water quality.   John Portnoy moved to approve the Jurisdictional Opinion; seconded by Cary Rea, passed 5-0.

 

  • David and Rose Lear:  90 Blue Heron Road, Map 42, Parcel 99 – Blue Heron Road – construct a platform below deck.  John Portnoy moved to disapprove the Jurisdictional Opinion because of inadequate information; seconded by Trudy Vermehren; passed 5-0.  Agent Greenberg-Lemos will request another filing.

 

  • 15 Mayflower Drive/Chris Drive, remove saplings and vegetation and clear branches to maintain private road.  The Board of Selectmen required clearing the road for snowplowing.  Clearing would be 3’ from each side on Chris Drive.  Trudy Vermehren moved to approve the Jurisdictional Opinion; seconded by John Portnoy; passed 4-1.

 

  • Moriarty, 35 Arthur Cashin Way, Map 40, Parcel 151, drill new well.  Ed Simpson moved to approve the Jurisdictional Opinion; seconded by Cary Rea; passed 5-0.    

 

 

Riley, 464 State Highway:  tree cutting/planting plan.  Mr. Riley provided a planting plan to the Commission stating there would be approximately 40 shrubs planted along the Route 6 edge of the property.  He stated the shrubs would be three-gallon size. .  He stated that there were a total of 20 trees removed.  Trudy Vermehren suggested pines or red cedar that would restore some wildlife habitat and not interfere with overhead power lines.   The Commission requested Mr. Riley provide another planting plan, identifying where the cut trees were located as well as where new trees/shrubs  will be planted.  Trudy Vermehren moved to continue to May 20, 2015; seconded by Ed Simpson; passed 6-0.           

 

Sluiceway closures and re-vegetation:  Suzanne Thomas questioned what the timeframe would be for the plantings.  Agent Greenberg-Lemos stated there will be an Americorps work day scheduled for July.  Ms Thomas stated she is working with the DPW for a Jersey barrier and needs to know what day to have the barrier removed for the workday access.  Trucks will need to have access to the area.   She recommended a large sign stating why the closure is in place and directing visitors to existing off-site parking.  

 

Business meeting closed at 5:00 pm.

 

Public Hearings 5:00 pm:

Donald, 0 Bayview, Map 35, Parcel 39, NOI, extend existing timber bulkhead (Cont’d)

Don Monroe of Coastal Engineering and Alfred Pickard came to the table.  Mr. Monroe  stated a letter from Natural Heritage was provided.  The proposal is to extend the bulkhead and maintain the drift fencing with the turtle openings.  He described the beach renourishment.  He stated there would be approximately 25 cubic yards behind the current bulkhead.  Natural Heritage stated the work can only be performed from March 1 to May 1 with an annual renourishment of 75 cubic yards of sand.  Mr. Monroe suggests the area be monitored on a yearly basis for renourishment.  Portnoy questioned whether the extension of the bulkhead was necessary to protect the Donald house from scarp erosion, a legal requirement for Commission approval of such projects.  Brennessel asked if the house could be moved landward on the lot as an alternative to added coastal armoring; however, Monroe and Pickard stated that there was no room for on the lot.  Monroe stated the building will be in jeopardy in the future as evidenced by the scarp taking place now.  He stated the erosion rate is approximately 2.3 feet per year.  If a catastrophic event takes place, it would increase  the erosion rate.  Alfred Pickard gave some history of the work he has done on the property.  He would like to remove the snow fence, rebuild the bulkhead, replace the snow fencing and then place the renourishment back.  There was discussion regarding the amount of renourishment and the marsh.  Ed Simpson moved to approve the NOI; seconded by Cary Rea; passed 3-2-0.    Supervisor:  Cary Rea       

 

Emmons, 119 Hamblen Farm, Mp 19, Parcel 13:  AOOC (Cont’d 4/01/15).   Barbara Brennessel recused herself.  David Lajoie and Mr. Emmons came to the table.   Replace dwelling, add 14- x 14’ patio, 2 sets of steps and an altered basement access and new top-of-foundation  elevation.  David Lajoie gave an overview of the information that the Commission had requested at the last meeting.  There was discussion regarding the new flood elevations included in the new FEMA mapping.  John Portnoy moved to approve the AOOC; seconded by Ed Simpson; passed 4-0.   Supervisor:  Ginie Page       

 

Bromberg, 195 Samoset Ave., Map 28, Parcel 97, NOI, remove and rebuild dwelling (Cont’d 4/1/15).  Trudy Vermehren moved to continue May 20, 2015 due to lack of new paperwork; seconded by Cary Rea; passed 5-0.

 

Dorrell, 40 Main St., 15 Main St., Map 15, Parcel 3, Amended Order of Conditions.  Ken Kozak, the owner of Wicked Oyster, stated the project would include removing the  structures between the current Kendall Gallery and Shaw’s Pond and constructing a shell parking lot as an extension to parking at  the Wicked Oyster Restaurant.  The Commission stated there would have to be a 2:1 replacement of plantings required.  There was discussion regarding the number of parking spaces.  Anthony Buttignol, abutter, stated there is approximately a 6’ difference in elevation.  He stated some of the shells from the parking lot have gone into the wetlands which is habitat for turtles and other wildlife.  Trudy Vermehren stated there is no grade change proposed with no filling.  Buttignol questioned the proposed septic upgrade and Agent Greenberg-Lemos stated the use will not change.  The only vehicle access for extended parking will be from behind the Wicked Oyster parking lot and not from Main Street.  Mr. Kozak is hopeful of purchasing this property and upon the purchase, another hearing would take place to review any regrading and a planting plan.  Pete Cooke stated 30 Main Street is property that has been in his family for many years.  He stated they have concerns regarding the traffic flow and cultural environment.  Agent Greenberg-Lemos stated the number of seats is not changing in the Wicked Oyster, so there should be no change in the intensity of use related to the restaurant.   Nancy Cook stated people walk across her property from the bank to the restaurant; however, she was informed by the applicant that, with the new parking available behind the gallery, parking at the bank would end  This is a preliminary proposal. .  Trudy Vermehren moved to approve the AOOC; seconded by John Portnoy; passed 5-0.    

 

Beck, 30 Ryder Court, Map 14, Parcel 12, NOI, construct 14’ x 30’ exterior deck and 8’ x 10’ mudroom.  This is for a second floor deck with a staircase coming down.  The deck will be approximately 14’ in height from local ground surface , with posts set on two diamond piers – the only ground disturbance.  Ed Simpson moved to approve the NOI; seconded by Cary Rea; passed 5-0.  Ed Simpson, supervisor

      

Trudy Vermehren  moved to adjourn the public hearings at 6:20; seconded by Cary Rea; passed 5-0.

 

Business Meeting resumed: 6:25 pm

 

Violator at 135 Pine Point – illegal tree pruning.  Agent Greenberg-Lemos read a letter from the owner of the property.  The Commission will make a site visit.

 

Mail:

April 29- Div. of Marine Fisheries – shellfish propagation permit.  Agent Greenberg Lemos stated she has spent a great deal of time researching the state requirements for  permitting on-going, albeit unpermitted, cultch placement in the harbor.   She stated the first step is for the Army Corp permit and DMF filing.  There was discussion regarding the lack of permitting up to this point, potentially putting the town in violation of state law, and she cannot support the project unless permitting is done correctly.

 

Meeting Minutes:

3/18:  Barbara Brennessel moved to approve the edited 03/18/15 meeting minutes; seconded by Cary Rea; passed 4-0.

Trudy Vermehren moved to approve the edited 04/01/15 meeting minutes; seconded by Barbara Brennessel; passed 4-0.

Cary Rea moved to approve the 04/22/15 edited meeting minutes; seconded by Ed Simpson; passed 4-0.

 

Trudy Vermehren moved to adjourn at 6:45 pm; seconded by Ed Simpson; passed 5-0.

 

Respectfully submitted,

 

 

Christine A. Bates, Committee Secretary