Approved Cons Comm Mtg Mins

Meeting date: 
Wednesday, April 6, 2016

Approved

Wellfleet Conservation Commission

Meeting Minutes

April 6, 2016

Town Hall Meeting Room

 

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

Regrets:  Lauren McKean and Ginie Page

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

High Toss Road (Herring River Restoration project).  John Portnoy read Article 48 of the town warrant, which the Commission had previously (16 March 2016) voted unanimously not to recommend .  A causeway would have to be constructed across the marsh to provide pedestrian, equestrian and light vehicle access, as requested by the article.  He stated any structures built across the flood plain  would hamper the flow of water and sediment and, thus, the restoration of Herring River.    John requested commissioners attend Town Meeting  and voice their concerns. 

Mail / Discussion

            Letter from National Park Service regarding cultching.  Barbara Brennessel stated the Town (Shellfish Warden) has been cultching within the Herring River.  Discussions have been going on between the National Seashore and the Town regarding the propagation and management of shellfish within the Herring River.  She advised to have someone from the Town meet with the Park and understand the agreement.   There was discussion on the difference between “fishing” and propagation. 

            Letter to Tom Anderson from MA Historical Commission regarding land acquisition on Lt. Island which identifies archeological findings and Open Space.

(20 4th Ave)

            Letter from Doug Guey-Lee to Martha Wilson regarding selective cutting of trees.

            Emergency Cert form for 70 Kendrick Ave

            News letter from Marine Fisheries

            Sea Level Rise, Warming water, Acidification – reports

            Letter from Agent to Trust Company holding mortgage regarding 5 Holbrook Ave  

            Letter to Susan Little regarding cutting of trees

    

Jurisdictional Opinions - none

Meeting Minutes:  3/16/16:  Barbara moved to approve the amended 03/16/16 meeting minutes; seconded by John Potnoy; passed  4-0.

                                         

Public Hearings 5:00 pm:

Town of Wellfleet, Aquaculture, NOI (Cont’d) – At the request of the applicant, Trudy Vermehren moved to continue to 06/01/16; seconded by Barbara Brennessel; passed 4-0.

Fodaski, 55 Marsh End, Map 8, Parcel 266, NOI, replace deck and replace patio with 13.5’ x 16’ patio (Cont’d).  Chet Lay represented the applicant and provided an amended site plan identifying the corners and elevations.   Cary Rea moved to approve the NOI; seconded by John Portnoy; passed 4-0. (Ed abstained).  (Chet Lay to provide a new plan regarding sand and wood retainers).  Supervisor:   Trudy Vermehren

Rispoli Ventures¸ LLC, 15 LeCount Hollow Rd., 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). At the request of the applicant, Trudy moved to continue to 04/20/16.; seconded by Cary; passed 5-0.

Kroeger, Herring River Estuary, Map 42, RDA, Install temporary walkway for access to marsh to conduct monthly measurements of greenhouse gas emissions.  Tim Smith represented the applicant.   He provided an overview of the project and stated the walkways will be at one study site  off Old County Road.  He provided photographs of what the walkway would look like as well as the materials used for the construction. .  Less than 100 sq. ft will be sitting on the marsh because the boardwalk will be elevated.  In addition to daytime sampling, he stated it is anticipated there will be 9 visits made at night.  The boardwalk will remain for up to 3 years.  It was recommended removing one portion of the walkway closest to Old County Road to discourage people from walking onto it.  Trudy Vermehren identified this as a Negative 2; seconded by John Portnoy; passed 5-0.

Elkin, 100 Catboat Road, Map 41, Parcel 87, RDA, Install heat pump and generator.  Mr. Elkin stated they will not be installing the heat pump.  This application will only be for the generator.  The pad is to support the generator.  Barbara Brennessel identified the project as a Negative 3; seconded by Ed Simpson; passed 5-0.

Palmer, 70 Lookout Road, Map 35, Parcel 7, NOI, widen driveway, remove invasive species and landscaping.  Chet Lay and Patricia Crow represented the applicant and identified the planting schedule and planting protocol.  The commissioners questioned what trees would be removed in area D and the removal of invasive species.  Trees along the driveway will be trimmed.   There will be temporary irrigation for two years, and no pesticides will be used.  Ed Simpson moved to approve the NOI; seconded by Cary Rea; passed 5-0.  Supervisor:  John Portnoy

Flattery, 479 Black Pond Road, NOI, Replace wood stairs with stone stairs.  Mr. Flattery stated the owners were not aware they required a permit.  All the stones will be put in place by hand.  Hay bales and silt fence will be used at the bottom of the slope.  He stated there will be an 8” high step with 12” in depth.  Depending on the elevation, he may have to use wider stones.  Trudy Vermehren stated the existing lumber (timbers) are 4’ x 4’ and what is being proposed is stones sitting on top of each other.  Trudy expressed concern regarding drainage due to the steep slope.  Flattery stated it will end up being a 4 foot wide walkway and have many plantings.  Ms. Vermehren stated that several projects were performed by the owners in the past without proper filings, and the commission would like a better design for drainage.  Flattery stated he feels the less the soil gets disturbed, the better.  He feels he can stabilize the path with plant materials, as well as grass seed.  Trudy Vermehren requested an alternatives analysis.  John Portnoy wanted to know, if the boat dock was permitted, since the path and steps are apparently for access to the dock.  Trudy Vermehren moved to continue to 05/04/16; seconded by Ed Simpson; passed 5-0.   

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.  Charles Wentz of Ponderosa Landscaping represented the applicant.  He stated most of the house and proposed work is within the 50’ to 100’ buffer zone.  He gave an overview of the proposed project.  Trudy Vermehren stated that there was not an alternative analysis provided and that the plan showed parking that was not on  the applicant’s property.  Trudy stated there are no drywells off the porch or the outdoor shower to address drainage.  John Portnoy identified a disturbed area between the house and marsh to the north that Wentz stated could be planted.  The commissioners objected to the proposed patio, also between the house and marsh to the north.  Alfred Pickard stated the trash bin and the parked car are not within the owner’s property line.  He stated the car parked within the street doesn’t allow an abutter access to a portion of their property,  and the brush pile is not within their property lines.  Trudy Vermehren moved to continue to 04/20/16; seconded by Ed Simpson; passed 5-0.     

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.  Chet Lay and Peter Coneen represented the applicant.  Chet Lay stated they own to the center of the road.  The relocated building will be outside of conservation jurisdiction, but the moving will be within.  Peter Coneen gave an overview of the lifting and movement of the building as well as what will be removed and what will be saved.  Portnoy requested that the applicant stipulate when the retaining walls will be removed, in terms of remaining distance from the cliff edge, the objective being to avoid material falling over the bank.  A continuation to 04/20/16 was requested waiting for reply a reply from Natural Heritage.  Trudy Vermehren moved to continue to 4/20/16; seconded by John Portnoy; passed 5-0.   

Reich, 120 Way 657, Map 4, Parcel 15, NOI, construct cottage.  Gordon Peabody represented the applicant and gave an overview of the project.  He stated there will be 2 trees removed, there will be slight changes in grade on the site, the decking will be cantilevered 7 feet high which will allow revegetation underneath.  The steps were not included in the site plan, materials to be used in the retaining wall, etc.  Trudy Vermehren moved to continue to 04/20/16; seconded by Barbara Brennessel; passed 5-0.        

Bowdon, 140 Fox Island Rd., Map 28, Parcel 207, NOI, Decking, addition to home with deck and new septic.  Gordon Peabody and Trevor Pontbriand represented the applicant.  The concrete slab is to be removed as well as the retaining wall and an erosion control plan put in place.  There was discussion regarding the revegetation and various protocols included in the application,  The majority of the dwelling will be on piers.  Ed Simpson moved to approve the NOI; seconded by Cary Rea; passed 5-0.    My notes say that this was continued to 20 April?-JP

Trudy Vermehren moved to adjourn at 7:45 pm; seconded by John Portnoy; passed 5-0.

Respectfully submitted,

Christine Bates, Committee Secretary