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Approved 07/01/15 Conservation Commission Mtg Mins

Meeting date: 
Wednesday, July 1, 2015

Approved

 

Minutes of Conservation Commission

July 1, 2015

Town Hall Meeting Room

 

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

Staff:  Christine Bates, Committee Secretary

Regrets:  Lauren McKean

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

Regulation Revisions and fees:  The Commission reviewed the proposed changes and one change was made regarding fees for continuations and revised.  Ginie Page moved to approve the edits; seconded by Ed Simpson; passed 6-0.  Trudy Vermehren moved to have a public hearing on August 19, 2015; seconded by Barbara Brennessel; passed 6-0.

Mail / Correspondence/Discussion

  • Gabrielle Robinson of the National Seashore copied the Commission on a letter to the Beach Administrator suggesting town lifeguards be aware of plovers between Cahoon Hollow and White Crest beaches.
  • Donald property:  DEP letter of visitation to site on June 23, 2015.  John and Cary went to the visit. They reported that Jim Mahala of DEP questioned whether the project affected only glacial deposits or affected mostly dunes, where beach armoring is less likely to receive DEP approval.  He requested that the project engineer  do coring to determine the vertical extent of glacial versus dune deposits above the water table (approximately equal to mean sea level).
  • There was discussion regarding the bulkhead removal at Gull Pond and the recommendation was to restore the shoreline topography and revegetate the disturbed areas.
  • “Guide to Vacationers” final draft reviewed and approved for distribution.  
  • Shepherd and Johnson, Attorneys for Harborside Village Cooperative Corporation appealed the Determination of Applicability for the trial temporary removal of the one-way duckbill valve at the mouth of Mayo Creek .   There will be a site inspection from DEP in the future.

Jurisdictional Opinions

            Gull Pond Boat Ramp – Town of Wellfleet, place 1 ½ inch of clean stone to fill the gully created by run off.  John Portnoy moved to approve the Jurisdictional Opinion; seconded by Ed Simpson; passed 6-0.

            Stairs at Long Pond Landing, Town of Wellfleet, replace the 6 bottom steps on the walkway.  Barbara Brennessel recommended the fencing also be repaired (no replacement).   Trudy Vermehren moved to approve the Jurisdictional Opinion; seconded by Barbara Brennessel; passed 6-0.

Barbara Brennessel stated that diamondback terrapins regularly cross  King Phillip Road and Anawan Roads during their nesting season, and, therefore, there should be time-of-year restrictions on road work.  The roads were regraded recently during turtle nesting.   John Portnoy suggested that roads with high turtle activity be mapped, and road work be prohibited during the terrapin nesting season.

 Overlook on Ocean View - property sold and commissioners would like to see minutes from town meeting to explain how this could have happened without the required town committee review.  Commission does not recall seeing paperwork or Open Space Committee comments regarding this property.

Meeting Minutes

Trudy Vermehren moved to approve the edited 6/3/15 meeting minutes; seconded by John Portnoy; passed 5-0.

Indian Neck fencing / replantings:  Trudy Vermehren stated a complaint was placed on Face Book stating this was a safety issue.  She stated she responded with the reasons why the commission made the decision to make barriers for vehicle access.

Public Hearings 5:00 pm:

Stewart/Beaty, 66 Way #55, Map 19, Parcel 65:  Certificate of Compliance.  Ginie Page reported the work is in compliance.  Trudy Vermehren moved to approve the Certificate of Compliance, seconded by Cary Rea; passed 6-0.

Meister, 295 King Phillips Road, ap 35, Parcel 198: Certificate of Compliance.  The Commission stated the work is in compliance.  Trudy Vermehren moved to approve the Certificate of Compliance; seconded by Ed Simpson; passed 6-0.

Sherman, 100 Cranberry Hollow Rd., Map 29, Parcel 166:  RDA, installation of new well.  A site visit was made.   Jason Ellis represented the applicant and gave an overview of the location of the well and the surrounding septic systems.  Abutters Phyllis and Bernard Spring questioned why the well was being located closer to the pond and Jason Ellis provided the Board of Health regulations and the separations required.   He stated he was requesting permission from the Commission to approve the well site.  Cesspools will be removed and a new Title 5 system will be installed at the property.  The septic system will be relocated further away from the pond.   David Sullivan, taxpayer, disagreed that the septic and well should be relocated.  Ellis stated a portable drilling machine will be used for installation.  Ed Simpson identified this as a Negative 3; seconded by Gine Page; passed 6-0.  Supervisor:  John Portnoy. 

Sachar, 65 Vanessa’s Way, Map 29, Parcel 246: RDA, Outside shower to drain in drywell (after the fact).   Due to no appearance by the applicant or a representative, Trudy Vermehren moved to continue to July 15; seconded by Barbara Brennessel; passed 6-0.

Baptist, 461 State Hwy, Map 30, Parcel 19, RDA, construct shed (after the fact filing) Cont’d from 06/17/15).  Ed Simpson recused himself.  Mr. Baptist stated the shed holds his tools and supplies.   A letter from Natural Heritage stated the shed would have no impact on rare species habitat; however, there are other unpermitted containers beyond (west of)  the pavement and on the protected resource, the coastal bank. Given these unpermitted structures, Trudy Vermehren felt the Commission could not make a determination without a site plan. Mr. Baptist stated that he had submitted a site plan, but the Commission could not find one in the project file. Therefore Trudy Vermehren moved to continue to August 5, 2015; seconded by John Portnoy; passed 5-0.

Bowden, 140 Fox Island, Map 28, Parcel 207:  RDA, Install stone retaining wall (after the fact).  Charles Wentz of Ponderosa Landscaping, stated he didn’t know the retaining wall was within the flood zone.  There was discussion regarding plantings.  Trudy Vermehren identified this RDA as a Negative 2; seconded by Cary Rea; passed 6-0.        

Bromberg, 195 Samoset Ave., Map 28, Parcel 97, NOI, remove and rebuild dwelling

Jeff Zinn, immediate abutter, requested permission to record the hearing.  John O’Reilly and Attorney Ben Zehnder represented the applicant.  O’Reilly reviewed the amendments and revised plans.  Existing floor plans and proposed plans were provided to the Commission  O’Reilly  stated the roof deck was eliminated, the height has been lowered 3 feet, an enclosed porch will now be open with no outside walls, and there will be an upper floor deck.  He described other changes in the floor plan where the second floor will be pulled back to match the first floor wall.  A planting plan was provided as well as the calculations of disturbance within 50 and 100 feet of the protected resource.  180 square feet within the 100’ buffer zone will be affected.    There will be a temporary irrigation system used and he identified the plants.  Drywell locations were also provided on the plans.  John Portnoy pointed out that the vegetation west of the house is misidentified as beach plum, when it’s actually rugosa rose covered by invasive bittersweet, which would have to be hand removed.  O’Reilly offered to replace this vegetation with native species as part of project mitigation.

Shawn Riley, Coastal Engineering, represented the Coady family and stated that part of the project was located within the coastal flood zone (velocity zone).  He provided a sketch plan of the property as well as a velocity graph/picture, showing the location of the dwelling.  If any portion of the structure is within the flood velocity zone, the design of the foundation would have to be designed according to the zone.    Attorney Zehnder stated if the house has to be built on pillars, the height would be taller than the height proposed now.  He did not feel the material supplied by Coastal Engineering was enough to prove this property is in the VE zone.  Shawn Riley stated the material he provided was submitted to FEMA and they will make a determination.  O’Reilly stated the second floor decking will be spaced.  Shawn Riley questioned the increase in habitable space within the buffer zone which is not allowed according to the regulations.  The Commission requested feedback from FEMA, requested information on the variance for increase in habitable space, proper vegetation and species identification, and if there would be an  outdoor shower.   Mr. Coady, abutter, stated the property lines were not staked properly and requested new site plans.  John O’Reilly requested a continuation to August 5, 2015; Trudy Vermehren moved to continue to August 5, 2015; seconded by Ginie Page; passed 6-0.

Trudy Vermehren moved to adjourn at 6:20 pm; seconded by Ginie Page; passed 6-0.

Respectfully submitted,

Christine A. Bates, Committee Secretary