Approved Cons Comm Mtg Mins

Meeting date: 
Wednesday, July 6, 2016

Approved

Wellfleet Conservation Commission

Meeting Minutes

07/07/16

Town Hall

Attendees:  Trudy Vermehren, John Portnoy, Ginie Page, Ali Sands, Barbara Brennessel, Ed Simpson and Lauren McKean.  Assistant Agent Doug Guey-Lee and Committee Secretary, Christine Bates

 

4:00 Business Meeting & Conservation Agent’s Report

Mail / Discussion

            Denny O’Connell stated the Doak’s agreed to sell property to the Conservation Trust.  A state grant application is due and they would like the Conservation Commission to hold a Conservation Restriction on the property.  The funding is coming from a Mass. Tax Credit and the land has to be held in a corporation.  The Compact will hold the corporation.  Ginie Page recused herself as a member of the Conservation Trust.  Barbara Brennessel moved to accept the Conservation Restriction for the Doak property located at 20 4th Avenue; seconded by John Portnoy; passed 5-0.

No Jurisdictional Opinions

Meeting Minutes:  Trudy Vermehren moved to approve the amended June 15, 2016 meeting minutes; passed 5-0.

Barbara Brennessel reported there is a new dock on Long Pond.

The Shellfish Advisory Board asked Barbara to find out the duration of the Commission’s permit for Town cultching, which is three years.  The Board asked if the west side of the harbor can be cultched; this would require an amendment to the NOI and review by the National Seashore if on federal land or waters. Barbara Brennessel also reported that in the past some cultch is moved by dragging, once it has collected a set of oysters, elsewhere in the harbor where the oysters are allowed to grow, and then harvested. The Commission was not aware of this activity.  This activity is referred to as a “relay”

Ginie Page reported there is new erosion on the banks at Long Pond.  Discussion will take place with Suzanne Thomas.

Lauren McKean shared a picture of wayside exhibit (signage) that Americorps had placed at Great Pond and Gull Pond.  There was discussion regarding the signs at Uncle Tim’s Bridge and Hamblin Park.

Ginie Page moved to adjourn the business meeting at 4:40 pm; seconded by John Portnoy; passed 7-0.

Trudy Vermehren re-opened the business meeting at 4:50 pm.  There was discussion regarding small vessels stored on dunes and salt marshes.

PUBLIC HEARINGS – 5:00 pm

Crockett, 121 and 145 Holbrook Ave., Map 20, Parcels 133 and 132, Certificate of Compliance (Cont’d).  Chet Lay represented the applicant and stated he counted 40 new plants on the property.  He suggested that all the underbrush be mowed down, and then the slope replanted to achieve a total of 60 new shrubs on the mowed bank.  The Commission wants native plants to stabilize the area.  Invasive species should be removed, 20 additional plants put in and an on-going management plan should be submitted.  It was also recommended that the bare areas be seeded with herbaceous plants.  A site visit will take place in the fall.  Trudy Vermehren moved to deny the Certificate of Compliance at this point in time to wait for future plantings and the removal of the invasive plants; seconded by Ginie Page; passed 7-0.

Denterlein, 5 5th St., Map 40, Parcel 66, NOI, prune scrub oak, remove 6 cedar trees and prune 6 pitch pines (some located on abutting property (Cont’d).  Chet Lay represented the applicant and reviewed DEP’s recommendations which are to be included in the Order of Conditions.  A new site plan was provided for the Commission identifying the mitigation for the removal of the trees.  A 3:1 planting of dense, low-growing evergreen shrubs (e.g Juniperus communis) will be placed where the 6 cedar trees will be removed.  The Commission requested a planting schedule with plants and dates, along with a new site plan identifying where the new plantings will be located.  Trudy Vermehren moved to continue to July 20, 2016; seconded by Ed Simpson; passed 7-0.

Brown, 1200 Bound Brook Island Rd., Map 7, Parcel 602, NOI, construct residential driveway through small portion of isolated wetland.  Lauren McKean recused herself.  Chet Lay represented the applicant and stated that if this driveway can be permitted by the Commission, then a proposed new lot could be approved by the Planning Board.  Mr. Lay also stated that the owner actually has no interest in developing the driveway, but wants to show the Planning Board that physical access to Bound Brook Island Rd is possible, so that the Board will allow the subdivision. He described the project as presented in the package and stated it is approximately 80 square feet of disturbance.  The wetland would be filled; however, the Commission wanted mitigation plans with a replication of the wetland.  Trudy Vermehren moved to continue to July 20, 2016; seconded by Ed Simpson; passed 6-0.

 Flattery, 479 Black Pond Road, Map 4, Parcel 38, NOI, replace wood stairs with stone stairs (Cont’d).  Tim Brady represented the applicant and identified the boundaries of the pond and private property, and stated the work is above the high water mark, and therefore on private, and not Commonwealth, property.  He stated the path to the water has been in this location at least as far back as 1996.  He stated that much of the work is not in the area  of erosion on the shoreline.  Trudy Vermehren stated it was originally identified as a 1:1 replacement, which it is not; also the proposed rocks will increase runoff and likely cause erosion because portions of the trail are extremely steep.  She stated she was concerned with the run off if the rocks went all the way to the base of the slope.  Brady stated some wood stairs could be used at the base, and he feels the use of smaller stones would be better, along with the proposed plantings.  Trudy Vermehren emphasized the potential disturbance of resources with placing the rocks there.  Lauren McKean recommended using water bars to divert water to a vegetated area.  Barbara Brennessel moved to deny the NOI; seconded by John Portnoy; no vote.  Further discussion took place with John Portnoy stating there has been a lot of native vegetation removed from the slope between the road and the pond over the years, and this should be replanted. Barbara Brennessel moved to withdraw her motion to deny the NOI; seconded by John Portnoy; passed 7-0.  At the applicant’s request, Trudy Vermehren moved to continue to August 3, 2016; seconded by Ed Simpson, passed 7-0.

Community Housing Resource, 250 Gull Pond Road, Map 8, Parcel 39, Certificate of Compliance (Cont’d).  Tim Brady represented the applicant and Ted Malone stated the Order of Conditions has expired and additional work needs to be done to fix the drainage issues.  Tim Brady stated he would file a RDA to do the drainage repair, and then come back for the Certificate of Compliance.  Time Brady requested the Request for Certificate of Compliance be withdrawn.  The applicant will re-apply for a Certificate after an RDA is filed and the work is completed.  Trudy Vermehren moved to allow the withdrawal of the Certificate of Compliance ; seconded by Ginie Page; passed 7-0.

Kane, 155 Pine Point Road, Map 21, Map 556, NOI, Upgrade septic system.  Dave Lajoie gave an overview of the project, describing the work within the buffer zone.  Ed Simpson moved to approve the NOI, seconded by Lauren McKean, passed 7-0.

Cohen, 400 Pleasant Point Ave., Map 36, Parcel 193, NOI, replace exterior walkway wall system.  Gordon Peabody represented the applicant and gave an overview of the project.  The work will be done by hand and he stated the limit of work will be reduced from what was identified on the site plan.  Trudy Vermehren stated there was some vista pruning performed and brush was left within the buffer zone.  Trudy Vermehren recommended the supervisor determine the work limit.  No additional vista cutting may be done without the review of the Cape Cod Commission and Mr. Peabody stated he would write a letter to the owners.  John Portnoy moved to approve the NOI; seconded by Ed Simpson; passed 7-0.  Supervisor:  Lauren McKean

Lipman, 150 Compass Hill Road, Map 41, Parcel 64, NOI, remove garage, construct 2 story addition, new decks and porch, work on driveway.  Stephen Phillips represented the applicant and stated that the current garage is dilapidated and receives runoff from the upgradient driveway.  The applicant wants to preserve the 2 bedroom status and the addition would be on the house.  He gave an overview of the additional work to be performed.  Everything would be constructed on the existing footprint, other than the decks.  Mr. Phillips read an overall project description with construction protocols.  Trudy Vermehren felt there was too large a limit of work for the project.  The 5 trees will be cut flush and the Commission requested a 3:1 vegetation replacement.  The Commission requested a revised plan noting the work limit and where the new plantings will be placed.  Lauren McKean moved to approve the NOI with conditions; seconded by Ali Sands passed 7-0.  Supervisor:  Ed Simpson

Ginie Page moved to adjourn at 7:00 pm; seconded by Ed Simpson; passed 7-0.

Respectfully submitted,

Christine Bates, Committee Secretary