Approved Cons Comm Mtg Mins

Approved

Wellfleet Conservation Commission

Meeting Minutes

May 18, 2016

Town Hall Meeting Room

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

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

Fox Island Road:  road work to allow DPW snow plowing – The party requesting the discussion did not attend the meeting.

Mail / Discussion:

There was discussion on an article in the newspaper regarding tree cutting taking place in Provincetown. Lauren McKean recommended getting the commissions from all the towns together to see if a standard informational sheet could be made to distribute to the public, to realtors, to the  Chambers of Commerce, etc. 

A copy of a letter to the National Seashore from Randy and Pat Bartlett regarding parking at the triangle by the Sluiceway. The letter stated approximately 10 to 12 cars are parking in the two-car  parking lot during the summer months, damaging vegetation and sometimes obstructing access to the Bartlett’s property.  The Bartlett’s also complained of night-time use of the parking area.  They made several recommendations to the Park for  alleviating this problem.    

Tree topping is taking place on Holbrook Avenue within the wetland buffer and it is not known who owns the property at this time.  It appears that the intent is to improve the water vista  from the Holden Inn.  Doug Guey-Lee will determine the ownership of the property where the trees were cut, and inform the owner. 

Jurisdictional Opinions: Richard Bruggeman stated that he represents the local homeowners association for maintenance of  the main artery of the road on Lt. Island.  He stated cars were getting stuck in the area and an emergency repair was performed on the road.  A Jurisdictional Opinion was approved last year to do another repair of the road.  The Commission is holding a hearing on the association’s NOI for road repair on 1 June; however, any work must occur before time-of-year restriction takes effect (terrapin nesting) in June. For this reason, Bruggeman is submitting this RDA for minor work to be performed before 1 June .   He stated they have placed stakes along the road so people will not drive into the marsh.  John Portnoy recommended that the association develop a long-term plan for access to properties currently served by this road because its layout is at the edge, and in some places on top, of the tidal salt marsh; as sea level continues to rise, the road will prevent the landward migration of the salt marsh, causing it to drown.  Also as sea level rises, the road access to upland properties will become impassable if it remains within its existing layout. John Portnoy moved to approve the Jurisdictional Opinion; seconded by Ed Simpson; passed 7-0.

120 Samoset – Miller – Install Shed – There will be no excavation or ground work.  At the site visit, it was noted there was a landscaping feature (retaining wall) which should have come before the Commission.   Trudy Vermehren moved to approve the Jurisdictional Opinion; seconded by John Portnoy; passed 7-0.

Meeting Minutes:  to be reviewed at next meeting.

Public Hearings 5:00 pm:

O’Connor, 90 Lecount Road, Map 30, Parcel 9, Certificate of Compliance.  Gordon Peabody stated photographs were submitted identifying the completed project which is in compliance.  Gordon stated one of the dwellings on the property burned and was repaired.  Trudy Vermehren stated the commission noticed additional use in the marsh such as benches, arbors, etc. at the site visit.  It was recommended the meeting minutes from their original request for Orders of Condition be reviewed and Gordon Peabody stated he would like the owner to come to a meeting.  John Portnoy stated the owners need to know the wetland resource boundaries and what is and what is not allowed. Trudy Vermehren moved to continue the hearing to June 1, 2016 as requested by the applicant; seconded by Ed Simpson; passed 7-0.     

Sundell, 145 Samoset Rd., Map 28, Parcel 104 RDA, remove and replace concrete retaining wall, cull invasive vines.  Frank Corbin represented the applicant and provided an overview of the project.   A portion of the wall is within the jurisdiction of the Commission .  The invasive vines will be hand pulled, using no machinery.  The driveway will remain the same.  Trudy Vermehren identified this as a Negative 3; seconded by Cary Rea; passed 7-0.  Supervisor: Barbara Brennessel  Conditions:  all debris to be carried outside the buffer zone; invasive species removal is limited to bittersweet on the coastal bank; concrete over-pour must be contained and removed; limit of work to be identified with scale drawing indicating our jurisdiction and limit of work.        

Zuckerman, 25 Heron Point Rd., Map 40, Parcels 5 and 5.1, RDA, test boring from ground surface to groundwater.  David Bennett represented the application and gave an overview of the project.  He stated when the house was built, it had an easement for an off-site  well due to salt water on the property.; however, the off-site well water has high iron and color.  They want to drill a pilot well on the property and to direct rainwater from the roof to a drywell to supplement recharge to the groundwater aquifer.  Any disturbed vegetation will be replaced . A silt fence will be used as a barrier.  Cary Rea identified this as a Negative 3; seconded by Ed Simpson; passed 7-0.

Flattery, 479 Black Pond Rd., Map 4, Parcel 38, NOI, replace wood stairs with stone stairs (Cont’d).  At the applicant’s request, Trudy Vermehren moved to continue to 06/01/16; seconded by Ed Simpson; passed 7-0.

Trudy Vermehren moved to adjourn the public hearing and reopen the business meeting; seconded by Ginie Page; passed 7-0.

Business Meeting reopened at 6:10 pm.

John Portnoy stated he had done some research regarding “great ponds”.  Great ponds in Massachusetts are public property.  Shoreline property owners have no special rights beyond those afforded to the public.  Privately built structures, e.g. piers and rafts, require: 1) an NOI filing, 2) a Chapter 91 license, issued by DEP, and 3) a Corp of Engineers permit if construction includes any wetland alteration. Although DEP would probably not go after people who have existing piers or rafts, Jim Mahala at DEP-Lakeville offered his agency’s assistance if the Commission had special concerns for activities that are damaging natural resources at great ponds.  If a property is sold, then the state and local commission  can require filings for existing, but unpermitted, structures.  John stated he wanted to continue the discussion to raise  awareness for the laws regarding state owned ponds, determine what is allowed and what is not, and determine where there are existing docks / rafts.  Great ponds in Wellfleet include: Duck, Dyer, Great, Gull, Herring, Higgins and Long Ponds.  Portnoy will ask DEP to check if there any Chapter 91 licenses for structures in these ponds; the requirement dates back to the Colonial Ordinances of the 1640s. .To be continued for further discussion on June 1, 2016.

Trudy Vermehren moved to adjourn at 6:30 pm; seconded by John Portnoy; passed 7-0.

Respectfully submitted,

Christine Bates, Committee Secretary