Approved Cons Comm Mtg Mins

Approved

Wellfleet Conservation Commission

Meeting Minutes

September 6, 2017

Town Hall Meeting Room

Attendees:  Barbara Brennessel, John Portnoy, Deborah Freeman, Trudy Vermehren,

Lauren McKean, and John Cumbler, Agent Hillary Greenberg-Lemos and Christine Bates, Committee Secretary

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

Mail / Discussion

            Wesley Swamp:  John Portnoy reported that Mark Gabriel stated that the spadefoot toad is not an obligate species of vernal pools.  Tom Cambareri, hydrologist with the Cape Cod Commission, has agreed to assess the effects of the Town pumping of water from the swamp on surface water and groundwater levels; he wanted to look first at the pump records from the electric company.  He may take a water sample for nutrient analysis.  He will get back with Agent Greenberg-Lemos.   

            Baker’s Field – Shed:   A Jurisdictional Opinion for a shed to be placed behind the tennis courts was approved.  It was to be installed on helical or diamond piers, but was installed with sono tube footings.  The Commission requested a discussion with the contractor.  The footings are 10” diameter, in holes dug by hand.  The disturbance has been done so there will be no further action by the Commission.  Trudy Vermehren moved to approve the shed installation changes as built, seconded by John Portnoy; passed 4-0.

Jurisdictional Opinions:  Sloan / Healy, 135-2 Main St., 15/118, install a Pine Harbor storage shed, 8’ x 14’, with one window and door supported by cinder blocks or concrete foundation.  The shed will be 3 feet into the buffer zone.  Trudy Vermehren moved to approve the Jurisdictional Opinion; seconded by Lauren McKean; passed 6-0.

Agent Greenberg-Lemos stated she and Doug Guey-Lee visited Cahoon Hollow Beach during the rain storm.  She stated water is rushing from the road, as well as from the Beachcomber parking area and eroding the coastal bank and Town parking lot.  The water runoff is not being taken care of at the Beachcomber. 

A letter dated 08/25/17 from Lee Weisher, senior scientist from Woods Hole Group, to Paul Lindberg of the DPW, recommended that the erosion gully be filled. He stated the storm was a 500- year event, he recommends the town redesign the drainage system.  A letter from Greg Berman, geologist at Woods Hole Seagrant, to Harry Terkanian referenced information from Oct. 2014.  Cahoon Hollow showed a shallow depression and there is a potential for water pooling with flow underground toward the ocean.  He recommended bore holes be performed.  Lauren McKean stated she feels we should recommend a technical analysis for the entire property rather than rush to fill the gully.  Deborah Freeman stated additional analysis should be performed, and Agent Greenberg-Lemos will contact an engineering firm.  Agent Greenberg-Lemos stated a meeting is planned for Tuesday, Sept. 12 at 10:00 am with various town staff at Town Hall.  Amy E. Kwesell, Town Counsel, recommended looking into the expanded parking lot at the Beachcomber and getting the owner involved in controlling runoff ; however, she stated that in her opinion the Beachcomber is not responsible for runoff unless it originates from an engineered outfall system on their property.    Agent Greenberg-Lemos will write a letter to the owner of the Beachcomber requesting cooperation and an informal discussion with the Commission.       

The Commission will review the Route 6 / Main Street road improvements and discuss at the Sept. 20 meeting.

Meeting Minutes:  August 16, 2017 – need to be distributed.

Public Hearings 5:00 pm:

AJOR, 6345 Chequessett Neck Rd., Map 19, Parcel 117, Remand:  remove pool and deck, replace same with new pool and patio and add a new deck.  Amy E. Kwesell, Town Council, joined the Commission at the table.  Ms. Kwesell, stated this is a remand hearing for the March 2017 NOI filing which was denied by the Commission.  An appeal was filed.  The new site plans address the concerns of the decision.  Brian Wall, Peter White and Stan Humphries were at the table to discuss the changes.  Mr. Wall reviewed the history of the previous application.  The Findings were not specific to the bylaws to create the denial. Peter White gave an overview of the previous plans, starting in June 2016.  In October 2016 additional mitigations were proposed, then in December 2016, additional changes were presented to add to the permeability and a reduction to the patio area as well as a change to the stairways.  Additional plantings were also proposed.  The upper deck was reduced as well as the lower deck (from 600 sq ft to 275 sq ft).  The proposed plantings for the remand are to remove the plantings under the deck and put into one large area.  Stan Humphries stated the revetment will not impact the 50’ buffer zone.  He stated the project will not harm species and the plantings will enhance the conditions.  The existing pool water will be removed pumped and removed from the property.   The pool will extend 3 feet below the existing grade and 4’ above ground.  The upper deck will be closed off underneath and screened so no animals have  access.  Storm water drainage structures will be maintained and regularly cleaned of debris.  There will be tanks located under the upper deck and lower deck.  All the materials in the previous application / hearing are still considered a part of this remand.  The mitigation planting ratio is 8 to 1.  Trudy Vermehren moved to approve the changes as presented; seconded by Lauren McKean, passed 5-1 (John Cumbler opposing).  Supervisor:  Agent                    

Town of Wellfleet, 0, 70 and 90 Kendrick Avenue, Map 20, Parcels 4, 5, 6, and 7, NOI, reconstruct playground.  Brad Mallow from Coastal Engineering gave an overview of the project.  The grade will match the tennis courts and skateboard area (elevation 10 to

10.5 NAVD88) with wood chips.  Soil tests indicated there is silty material which will be replaced with sand.  The wood chips need to be one foot deep for safety purposes.  Groundwater was close to the land surface..  Barbara Brennessel moved to approve the NOI; seconded by Deborah Freeman; passed 6-0.   Supervisor - agent  

Brown, 1200 Bound Brook Island Rd., Map 7, Parcel 602, Certificate of Compliance.  Lauren McKean recused herself.  Ms. Brown stated they are selling the property so the driveway was never done.  Trudy Vermehren moved to approve the Certificate of Compliance; seconded by John Cumbler; passed 5-0. 

Provisor, 365 Cove Rd., Map 28, Parcel 33, Certificate of Compliance.  Gordon Peabody represented the applicant and gave an overview of the project.  He stated there are several very small locust trees and requested an ongoing maintenance plan to remove invasive plants.  Mr. Peabody will supply a plan for maintenance in  perpetuity.  Trudy Vermehren moved to approve the Certificate of Compliance; seconded by John Portnoy; passed 6-0.

Saloway & Gray, 48 Sandpiper Hill Rd., Map 22, Parcel 7, Certificate of Compliance (Cont’d)  At the request of the applicant, Trudy Vermehren moved to continue indefinitely; seconded by Barbara Brennessel; passed 6-0.   

Gifford, 41 Crest Ave., Map 35, Parcel 87.2, NOI, Cont’d.  Tara McGrath and Kate Wolhatter represented the applicants and reported Natural Heritage stated there would be no impact on rare biota from this project.  The outdoor grill area will be relocated further from the deck.  The grill area will have a sink with a pipe.  The kayak rack will be relocated above the annual high tide line.   A land management plan for the locust and oaks is identified on the site plan.  Trudy Vermehren moved to approve the NOI; seconded by Lauren McKean; passed 6-0.  Supervisor:  Trudy Vermehren   

Silberman, 140 Catboat Rd., Map 41, Parcel 90, RDA, place shed in buffer zone.  Ms.  

Silberman stated she wanted to place a shed next to her house.  John Portnoy identified the application as a Negative 3; seconded by Deborah Freeman; passed 6-0.

Kelley, 480 Old Chequessett Neck Rd., Map 12, Parcel 71, NOI, construct driveway.  David Lajoie represented the applicant and gave an overview of the project.  This is a vacant lot off the road, and the only work within the buffer zone is the entrance from the road.  There will be a drainage system installed.  This will be asphalt.  Barbara Brennessel moved to approve the NOI; seconded by John Cumbler, passed 6-0.  Supervisor:  John Cumbler 

Town of Wellfleet, 335 Main St., Map 14, Parcel 173, NOI, construct one-story addition to existing building.  David Lajoie represented the Town as well as Tim Dickey who will be the contractor.  He gave an overview of the project, stating access will be along the pavers and from Main Street on the westerly side.  This is beyond the 50’ buffer zone and only slightly within the 100’ buffer zone.  There will be an addition along with decking and stairs.   Trudy Vermehren recommended, and the applicant agreed, to relocate the mitigation plantings to abut Wesley Swamp.; plants will be winterberry, inkberry and/or sweet pepperbush.  Trudy Vermehren moved to approve the NOI; seconded by John Cumbler; passed 6-0.  Supervisor:  Lauren McKean

Melvin, 35 Holbrook Avenue, Map 20, Parcel 138, NOI, demolish and rebuild two dwellings.  David Sadowski, engineer, gave an overview of the project.  One house was built in 1910, and the other in 1970.  The buildings will be built on piers 14’ high to comply with FEMA requirements.  The wetlands are identified on the plan, identifying the property lines, and a small area is within the 100 foot buffer zone.  The current septic system has failed and a new septic system will be installed.  There will be two small additions on one of the buildings to make a rectangle.  There will be minimal loss of vegetation.  The new material Mr. Sadowski provided the Commission identifies the work limit, the timeline of construction, the proposed design of both new structures, along with additional materials.  The project will have to go before the Board of Health.  There are outstanding issues regarding abandonment which must be addressed.  John Cumbler asked if Mayo Creek is known as a fresh water marsh or a salt marsh.  Should the Mayo Creek renovation take place as currently proposed by the Mayo Creek Restoration Committee, it will not affect this property.  The Commission requested Mr. Sadowksi mark up the building plans so the Commission can easily identify the two separate structures and change the name of the creek to Mayo Creek.  Karen Rush, abutter, questioned if the structures were going to be changed into 4 condominium units and Mr. Sadowski stated yes.  The project will go before the Board of Health in October.  Portnoy questioned the characterization of the low land around the buildings as upland and asked for additional  test holes.  Trudy Vermehren moved to continue to October 18, 2017; seconded by John Cumbler; passed 6-0.

Trudy Vermehren moved to adjourn at 6:45 pm; seconded John Cumbler; passed 6-0.

Respectfully submitted,

Christine Bates, Committee Secretary