Approved Cons Comm Mtg Mins
Approved
Wellfleet Conservation Commission
Meeting Minutes
November 15, 2017Town Hall Meeting Room
Attendees: Trudy Vermehren, Barbara Brennessel, John Portnoy, Deborah Freeman
John Cumbler, Lauren McKean, Doug Guey-Lee, Assistant Agent, and Christine Bates, Committee Secretary
4:00 - Business Meeting & Conservation Agent's Report
Mail / Discussion
70 LeCount Hollow Road, Certificate of Compliance – a new signature page was signed.
Invoice from Coastal Engineering for the town aquaculture permit survey. Trudy Vermehren moved to pay the invoice of October 31, 2017 in the amount of $4,980.49; seconded by Barbara Brennessel; passed 5-0.
CPC is seeking a member from the Conservation Commission to attend their monthly meetings, the 4th Wednesday of each month. Every member on the committee could not commit to meeting on a monthly basis. It was recommended that the proposals could be reviewed and recommendations made to the CPC.
Jurisdictional Opinions:
96 Samoset Ave, shell driveway on one of the existing properties. The commission would like to see hardener used instead of a T-based product. Trudy Vermehren moved to approve the Jurisdiction Opinion with the recommendation of a clay hardener (no T base); seconded by Deborah Freeman; passed 5-0.
321 Main St., take down a sycamore maple and black locust trees. (one tree between a fence and the building and the other trees are near septic systems). John Cumbler moved to approve the Jurisdictional Opinion; seconded by Trudy Vermehren; discussion regarding the items (debris) in the yard and if they should be removed, some committee members would like to make a site visit. John Cumbler rescinded his motion; Trudy Vermehren rescinded her second. John Portnoy moved to continue the Jurisdictional Opinion to the next meeting; seconded by Barbara Brennessel; passed 5-0.
Discussion:
Beach Nourishment: 5 properties are not complying with the requirements and have been issued a $200 fine. They have been out of compliance for at least one year., They have not been in touch with the agent; and some are working on beach nourishment but are still non-compliant. Barbara Brennessel read the letter sent to Keagen, Stossill, Taylor Management, Pierce, and Wright describing the potential $200 fee per day if not in compliance. The commission recommended that $200 per day fines begin at once. Deborah Freeman recommended having the people set up an escrow account to ensure funds are in place and nourishment is completed on a timely basis. Deborah Freeman moved to start the $200 fine per day for two of the people on 11/16/17, and also send a letter to the other three families that they supply a plan and to ensure that they are aware of the potential fines and have a time limit; seconded by Barbara Brennessel; passed 6-0.
CZM and Mass DEP – Meeting to launch the Coastal Manual – Harborview Conference Room, Old Jailhouse Bldg, Barnstable
Meeting Minutes – to be addressed at a later date
Public Hearings 5:00 pm:
Currier, 1045 Chequessett Neck Rd., Map 19, Parcel 92, RDA, Install three 2 x 10’ concrete forms, each 12” wide and 9’ long for installation of solar panels (Cont’d). Mark Robinson represented the applicant.He surveyed the property for areas to plant as requested previously by the commission. He acknowledged that trees were recently cut in the area where the solar panels will be located. John Portnoy felt some vegetation could be placed on the west slope in bare patches. There is woody debris around the dog area which needs to be cleaned up and the area should be vegetated. The applicant has had multiple repairs to the roof and doesn’t want to install the solar panels on the roof. Mark Robinson will meet with the agent regarding the new plantings. John Portnoy identified the project as a Negative 3; seconded by Barbara Brennessel; passed 6-0.
Boehringer, (Wellfleet Conservation Trust, owner), 10 Bay View Ave., Map 35, Parcel 33, NOI, repair sand fencing along coastal bank base (Cont’d). Trudy Vermehren moved to continue to Dec. 6, 2017, waiting for the green cards; seconded by Barbara Brennessel; passed 6-0.
Laurel Nominee Trust, 715 Chequesset Neck Rd., Map 19, Parcel 113, NOI, remove and rebuild dwelling, perform invasive species management and install landscaping (Cont’d). Tim Brady, Katrene Higgins , Amy Brittenberg, represented the applicant. Tim Brady stated they changed the parking area to gravel and removed the plantings proposed by the road. They would still like to have the driveway paved at the entrance where the slope is steep. Tim gave an overview of the activity taking place within the resources. Building plans were provided for the master file. Trudy Vermehren discussed the total area of disturbance which will be 8,111 feet. She stated the commission would like to stay around 5,000 feet. Brady stated the disturbance in the 25’ and 50’ area is a small area and is a Cape Cod lawn. The renourishment has not been performed this year by the current owner. David Rowe, neighbor, questioned the height of the wall and Tim Brady responded that only 2’ is visible from the road. Mark Rowe stated he supports the project. Brady stated the septic system was approved by the Board of Health. Trudy Vermehren moved to approve the NOI; seconded by John Portnoy; passed 6-0. Supervisor: Barbara Brennessel
Spence (Leighton), 10 Spence Way, Map 28, Map 40, Certificate of Compliance. Trudy Vermehren moved to approve the Certificate of Compliance; seconded by John Cumbler; passed 6-0.
Lipman, 150 Compass Hill Rd., Map 41, Parcel 64, Certificate of Compliance. A site visit was made. Doug Guey-Lee stated that the Commission has not received certification from an engineer or surveyor that the project was completed as approved. Trudy Vermehren moved to continue to Dec. 6, 2017 with the contingency that the engineer’s certification is received; seconded by Lauren McKean; passed 6-0.
Melvin, 35 Holbrook Ave., Map 20, Parcel 138, NOI, demolish and rebuild 2 dwellings (Cont’d). At the request of the applicant, Trudy Vermehren moved to continue to 12/20/17; seconded by John Portnoy; passed 6-0.
Goldman, 266 King Phillip Rd., Map 34, Parcel 8, RDA, remove 13 dead Japanese Black Pines, remove 8 living Japanese Pines and 2 Autumn Olive trees; replace with 3 gal native shrubs. Frank Corbin represented the applicant and gave an overview of the project. He stated the Japanese black pines were pruned by her neighbor and subsequently died. He would like to plant beach grass on the coastal bank prior to the winter. Doug Guey-Lee worked with Frank Corbin and feels this is a good project. Corbin stated he will plant additional native plants where the 8 Japanese pines are located. Barbara Brennessel identified the project as a Negative 3; passed 6-0.
Cohn, 40 First Ave., Map 30, Parcel 124, NOI, stabilize coastal bank, restore native plants, replace timber steps. David Lyttle and Catreen Higgins from Wilkinson Ecological Design represented the applicant. There are signs of erosion on the bank, particularly on the northern and highest portion of the bank. Focus will be on planting native plants on the bank. Seeding and plugging will also be placed on the bank. Several trees are compromised and are proposed to be removed. The applicant would like to use stone steps with gravel between the steps, which would reduce storm water run off going to the beach. Portnoy stated the coastal bank is providing sand to the beach and doesn’t believe the existing vegetation should be removed or touched and questions if anything should be done there. Lyttle stated the proposed plan would not inhibit beach nourishment with the sand envelopes. Catreen stated the vegetation would not be altered where the commission had some concerns. The trees are in danger of falling with roots exposed. Should the trees fall, additional damage would be done on the slope. The envelopes will enhance the area if there is a storm surge. Trudy Vermehren had a concern with the stone steps as additional unnecessary hardscape. Barbara Brennessel stated it is not the Commission’s responsibility to help the applicant have a permanent solution and would propose wood steps. There is a gully where the storm water runs down. David Lyttle stated he would supply a new site plan identifying where the current wood is located, what would be removed, and how many steps would be required for the walkway. The commission would like to see wood stairs. Catreen recommended a water garden which would allow the water to percolate. Barbara Brennessel stated there are only 3 bottom steps that require replacement. John Cumbler stated he would like to see something which is not locked into the bank at the bottom 3 steps and have an elevated stairway. There needs to be a detailed protocol description provided (including machinery to be used). The commission recommended cedar instead of CCA preservative, as noted on the plan. Lyttle stated that the plan is incorrect and CCA will not be used. Lyttle stated you cannot eliminate storm water runoff and recommends the gravel / sand. Lyttle stated he will come back with 3 proposals, taking into consideration the commissioner’s concerns. There will be limited herbicides used. Access for the nourishment will be identified. Trudy Vermehren moved to continue to 12/06/17; seconded by Debbie Freeman; passed 6-0.
Parkington, 210 West Road, Map 46, Parcel 1, NOI, create new manufactured home sites and retaining walls, create passive recreation area. Trudy Vermehren recused herself. Debbie Freeman served as acting chair. Tim Brady and Andrew Parkington came to the table. There were 53 trailers in the area originally, and 17 trailers (aka manufactured homes) are proposed. There is a new sewage treatment plant on the property which serves all the trailers. A small portion of the area is within the buffer zone. A concrete slab is poured for each trailer. There will be some terracing of the land, so that fill will need to be brought into the area for the trailers. The wood retaining walls will be built over a period of time, as the trailers are placed. This project was approved by the ZBA 2 years ago. Trees were to be planted. A response from NHESP has not been received. One small area has debris in it, and the area will be regraded to create a new 50’ vegetated area. A passive recreation area will be made. Parkinton stated one area filled with debris is used by several people dumping off concrete block, fall clean up materials, etc. The recreation area will open up the area for the use of the people living in the park. There was discussion regarding the area close to the wetland and what plants would do well there. Parkington stated he wants to remove the piles which contain asphalt and debris and spread the clean sand piles in the area. The commission requested a list of plants, and a protocol for the debris removal. John Portnoy moved to continue to 12/6/17; seconded by John Cumbler; passed 5-0.
Wagner Duck Creek, LLC, 70 Main Street, Map 15, Parcel 5, RDA, replace septic system pump chamber. Tim Brady represented the applicant and gave an overview of the project. The original design plan identifies the existing system pump chamber and the proposed new location. The owners have been having problems with the current pump and tank. It will take approximately 3 days to complete the project. The system was installed in 1980 and would not meet today’s standards but has passed inspection. Lauren McKean requested a new site plan identifying where the pipes are located and an “as-built” after installation. The property is subject to coastal flowage and has salt water entering Hawes Pond. John Portnoy expressed his concerns with the age of the septic system and potential leakage; he also suggested that the system likely releases nitrate-laden leachate into the groundwater system that flows into nearby Hawes Pond and/or the head of Duck Creek; both these water bodies are sensitive to nitrogen pollution. Therefore, enhanced nitrogen removal should be considered for this property. Trudy Vermehren moved to identify this project as a Negative 3; seconded by John Portnoy; passed 6-0.
Halloran, Map 18, (no parcel, Nat’l Seashore, Chequesset Neck), NOI, stairs over coastal bank. Lauren McKean recused herself. A letter from the National Seashore stated this NOI is not signed by the owner of the property, the National Seashore. Attorney Ben Zehnder and Jay Norton distributed paperwork to the Commission regarding the history of the property within the Seashore. The Condemnation paperwork identified the right of access from the National Seashore (page 3). An assessor’s map identified where the roads were located, as well as where the original stairway was in 1975. Zehnder stated, based on the paperwork provided and the history, the access is grandfathered. There was a previous NOI granted in July 2017 to the Hallorans for a stairway located on their property but they would like to relocate the stairway to the previous location within the Seashore. The letter from the National Seashore was read into the record. The Seashore stated they had no record of a previous stairway and the NOI is invalid. The Seashore also did not view a stairway down this steep section of cliff as the best way to get to the beach. Doug Guey-Lee stated the original Order of Conditions would be closed. The Seashore is the land owner and the NOI was not signed by the Seashore. The commission would like to have Town Council review the paperwork. Ben Zehnder requested the hearing be continued to December 20, 2017. Trudy Vermehren moved to continue to 12/20; seconded by John Portnoy; passed 5-0.
John Portnoy moved to adjourn at 8:00 pm; seconded by Deborah Freeman; passed 6-0.
Respectfully submitted,
Christine Bates, Committee Secretary