Approved Conservation Commision Mtg Min.

Meeting date:

Wednesday, May 1, 2019

Approved

Wellfleet Conservation Commission

Meeting Minutes

May 1, 2019 4:00 pm

Town Hall Meeting Room

Attendees: Lauren McKean, Barbara Brennessel, John Cumbler, Michael Fisher, John Portnoy, Deborah Freeman, Agent Hillary Greenberg-Lemos and Christine Bates, Committee Secretary

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

Mail / Discussion

Lauren McKean stated that her employer questioned whether her service on the Commission was appropriate. She is going to follow up in the next week or two. Commissioners expressed their support and hope that she can stay on as a valuable voice at the many hearings that do not involve Cape Cod National Seashore interests.

Further discussion took place regarding members having to recuse themselves for hearings due to being involved in other Boards/Committees (particularly for the Herring River Project). It creates an issue for quorums and points out the need for another member.

Letter from Moriarty Troyer & Malloy, LLC (Attorneys at Law) to Daniel Gilmore (DEP) regarding the Blasch property and requesting an extension for filing an Environmental Notification Form. It came to the attention that Blasch has also engaged the law firm of McGregor & Legere, P.C. to prepare the MEPA filing. That firm is also representing the Town for the Herring River project. Agent Greenberg-Lemos will contact Dan Hoort regarding a potential conflict.

John Cumbler asked about the renourishment at the Blasch property and there was discussion regarding the sand movement as well as the grass plantings on the hill.

Americorps is planning a work session at Long Pond. There was discussion regarding the potential increase in the use of the ponds. Lauren McKean and Agent Greenberg-Lemos agreed photographs need to be taken during the summer season. Deborah Freeman expressed concern with the parking at Duck Pond and the safety issues. Lauren McKean gave an overview of the number of parking spaces available at the pond sites. John Cumbler and John Portnoy expressed concern for the effects of more pond use on water quality and shoreline vegetation.

Observation: There is a canoe on vegetation by Herring Pond.

Observation: Snake Creek Road, located along Herring River: shoreline vegetation has been completely cleared between the road and the river in one location. tree cutting.

Observation: 200 Gull Pond Rd – a steep driveway was recently paved without a permit.

Jurisdictional Opinions

3 Indian Neck Rd, installation of new well, property is within buffer zone. Barbara Brennessel approved the Jurisdictional Opinion; seconded by Lauren McKean; passed 6-0.

Meeting Minutes – to be addressed

Public Hearings 5:00 pm:

Kane, 155 Pine Point Rd., Map 21, Parcel 56, Certificate of Compliance: Agent Greenberg-Lemos stated the project is in compliance with a requirement for beach nourishment in perpetuity. John Cumbler moved to approve the Certificate of Compliance; seconded by John Portnoy; passed 6-0.

Kelly and Cocolla, 70 Eric’s Way, Map 8, Parcel 68, Certificate of Compliance Agent Greenberg-Lemos stated the project is in compliance. Lauren McKean moved to approve the Certificate of Compliance; seconded by Deborah Freeman; passed 6-0.

Town of Wellfleet, Long Pond Rd., RDA, construct approximately 1,000 LF of timber backed guard rail and replace approximately 5,860 LF of Long Pond Road with 1 - 2” overlay

Jay Norton of the DPW gave an overview of the project by adding a one- inch to two-inch overlay on the road and add guard rails. The posts for the guard rails will be dug by hand. There will be no alterations to drains. John Portnoy asked if the pitch could be changed near the parking area at Long Pond to divert water away from the beach; Norton stated that this is part of the plan. Agent Greenberg-Lemos will show Jay Norton the vernal pool between Long Pond Road and the pond, and a silt fence will be used to prevent sediment runoff. The work will be performed by the end of the month. John Cumbler identified the RDA as a negative 3; seconded by John Portnoy; passed 6-0.

Simeon Atwood LLC, 6 Commercial St., Map 15, Parcel 92, NOI, Septic system upgrade. Jason Ellis represented the applicant. Barbara Brennessel requested this project be reviewed by the Board of Health before hearing it at the Conservation level. Jason Ellis stated this property had a cesspool as well as a degraded Title 5, and now uses a tight tank. He stated the impact of the proposed system would be minimal. John Cumbler questioned why the new system didn’t include enhanced nitrogen removal, because it is located at around 150 feet from Duck Creek. He further stated that the Board of health is considering requiring enhanced nitrogen removal (AI) within 300 ft of wetlands. Trudy stated the Commission should vote according to current regulations. Agent Greenberg stated this design does not trigger an AI system[.1] according to the current regulations. Jason stated there will be a retaining wall for the leach area, which needs to be designed. The Commission would like to see the design of the retaining wall prior to voting on this project. At the request of the applicant, Lauren McKean moved to continue to 5/15/19; seconded by Deborah Freeman; passed 6-0.

. Ment, 10 Main St., Map 15, Parcel 1, NOI, Renovations to structure(s), and alteration to handicap ramp. Trudy Vermehren and Zac Ment gave an overview of the alterations. The location will become a recreational marijuana retail story. Trudy Vermehren provided information on the alterations to the handicap ramp, stating the deck will be reduced on the other side of the building by half, and the supports to the deck will be upgraded. The staircase will change in the back of the building. There will be native plantings along the creek. A revised parking plan was provided which includes the handicapped parking. There will be pruning of shrubs for security reasons. Ment stated he will go forward to the State showing all approvals received by the Town. DEP 077-1512. Barbara Brennessel moved to approve the NOI, with the condition that a continuous stand of shrubs is planted along the creek leading to Hawes Pond; seconded by John Cumbler; passed 6-0.

Kaplan/Rose, 135 Old Truro Rd., Map 8, Parcel 164, NOI, construct dwelling, septic, well, and appurtenances (Cont’d) Jason Ellis represented the applicant. The meeting minutes of 04/17/19 were read into the record which identified additional information the Commission needed. The meeting minutes of 03/17/19 were also read into the record. There was discussion regarding if any fill had been placed in the wetlands and Mr. Ellis will calculate the area of filled wetland based on previous contour mapping. There will be nouse[.2] of pesticides and the house will be smaller in size. Lauren McKean moved to continue to 05/15/19 meeting; seconded by Mike Fisher; passed 6-0.

Kraft, 580 Old Chequessett Neck Rd., Map 19, Parcel 601, NOI, tree removal, pruning, native plantings, driveway maintenance. Lauren McKean recused herself. Deborah Freeman was acting chair. Trudy Vermehren and Mr. and Mrs. Kraft came to the table. The Krafts would like to remove tall trees that will interfere with solar panels on the house and also remove several trees that could fall on the house. Ms. Vermehren identified various areas on the property, identifying which trees / shrubs would be pruned or removed and where additional plantings would take place. There are several pines near the driveway which could fall and block access for emergency vehicles. The solar company advised the Krafts which trees should be removed. There was discussion regarding the mitigation plantings and the locations of the plantings. Ms. Kraft stated they are interested in picking plants that are native and are local to the area. John Cumbler moved to approve the NOI; seconded by Mike Fisher; passed 5-0. Supervisor: Agent

Mike Fisher moved to adjourn at 6:40 pm; seconded by John Portnoy; passed 6-0.

Respectfully submitted,

Christine Bates, Committee Secretary

[.1]space

[.2]no use