Approved Conservation Commision Mtg Min.

Approved

Wellfleet Conservation Commission

Meeting Minutes

August 7, 2019

Town Hall Meeting Room

Attendees:  Deborah Freeman, John Cumbler (arrived at 5:00), John Portnoy, Barbara Brennessel, Michael Fisher, Assistant Agent Douglas Guey-Lee, and Committee Secretary Christine Bates

Regrets: 

4:01  Business Meeting and Conservation Agent’s Report

Mail / Discussion

Letter to Commission from the Assistant Director of DPW regarding an RDA for road repair on Long Pond Rd. The DP requested to change the guard rails from wood to galvanized steel posts.  Barbara Brennessel moved to allow the change in material; seconded by Mike Fisher, passed 4-0.

35 Holbrook Ave – letter from Building Inspector to property owner, Melvin, stating that  the bedroom and finished materials in the basement do not comply with Building codes for structures located in the flood plain.  Melvin is  scheduled to attend  the August 21 Conservation Commission hearing.

A notification of a site visit with Elizabeth Newlands from Mass Division of Fisheries and Wildlife at the Pilgrim Springs Conservation Area.  Denny O’Connor and Mike Fisher attended.  There is a CR on the property; Ms Newlands will provide the  paperwork. 

New MACC Wetlands and buffer zone guidebook.  This will be available on-line and will cost $15.00 per year for web access..  Doug Guey-Lee to follow up to see if the Town will pay for one for each commissioner. 

Minutes:

07/17/19 Mike Fisher moved to approve the July 17, 2019 meeting minutes as amended; seconded by John Portnoy; passed 4-0.

Jurisdictional Opinions:  none

John Portnoy handed out copies of his memo to Ms.  Lemos summarizing research into the history and hydrologic effects of the Town’s pumping  water from Wesley Swamp, a state-certified vernal pond.  He collaborated on this roject with Tom Cambareri, then at the  Cape Cod Commission.  The Town has been pumping water to control the water height since 1970.  A practice that  has been illegal since passage of the Wetlands  Protection Act in 1978.  The pumping controls surface water level, but not groundwater level.  If pumping were not performed, there would be (and has been)  occasional flooding of the lawn and basement at the Preservation Hall.  State-threatened spadefoot toad spawning occurs in the swamp.  Portnoy recommends that the Commission and DPW  hire some engineering expertise to physically separate the swamp from Pres. Hall’s lawn to allow normal fluctuations in wetland water level.  John Portnoy will discuss this at the next meeting.  Doug Guey-Lee will provide the DPW with a copy of the report.

Doug Guey Lee will follow up with getting the projector in the room. 

Nancy Edwards, Cape Cod Radio.  Announced “Wellstock” festival, a fundraiser for the Family Pantry, to be held at the Well on Main St. on 8/16/19.   No application has been submitted regarding the event..  There was discussion regarding the location of the food trucks and the vendor tents.  Ms. Edwards stated there will be no impact on the ground with stakes, etc.  No vehicles will be allowed in the lawn.  There will be an entry point, and porta-potties will be located at the Wagner.  There will be nothing on the ground for the “stage” area, only the use of electricity.  There will be a guide for entry and parking.  The event is expected to draw from 50 to 100 people.  It was recommended having the vendors set up behind the building.  There was no site plan provided to identify where everything will be located so the Commission could not take a vote.  Chair Freeman stated there are severe penalties (fines) if there is no filing.  Ms. Edwards will meet with Agent Greenberg-Lemos for direction.    The Commission requires a site plan of the property to determine limits of wetland resources relative to the planned festival activities.

Deborah Freeman moved to close the business meeting at 4:57 pm; seconded by Barbara Brennessel; passed 4-0. 

5:00 pm – Public Hearings

Sandy Shoes, LLC, 135 Highmeadow Rd., Map 12, Parcel 131, NOI, revegetating existing disturbed area (Cont’d)  David Lajoie, Jeremy Young and Susan Domski came to the table.  The After the Fact Filing Fee of $1,000 was paid.  Chair Freeman stated the project was done without permission which included stone stairs and removing all vegetation on the steep bank.  There was also cutting of trees and shrubs on the Herring River side of Snake Creek Road adjacent to this property; however, Ms Domski denied that her family did this cutting.  Chair Freeman stated a letter was sent on February 28, 2019 outlining potential penalties and referencing Article 8 of the Bylaw, which states there is a $200 fine per day if there is no remedial action by the owner.  She stated 150 days passed without a response from the owner or representative, with potential fines therefore amounting to $30,600 .  $22,000 will be required for a performance bond  (equal to  the cost of the project).  David Lajoie stated he was not aware of the requirement for a  removal plan of the stairs along with a revegetation plan.  He stated ½ the stairs could be removed.  Ms. Domski stated her parents built the house and she was not aware of needing to get permission to remove vegetation.  Lajoie stated his latest plan is for removing some of the stone stairs with remediation.  Young stated there was consideration of a relocation plan and not a removement plan.  Portnoy stated that he was unaware that the stairs were to be relocated, only removed. Ms. Domski stated her family has not used the land near the river.  Pruning was performed on trees in the backyard by Jeremy Young in mid-February 2019.  Deborah Freeman requested a copy of the bill for that work.  No permit was issued (within the 200 foot riverfront).  Chair Freeman stated the commission would prefer a staircase which is permeable and the removal of the stones and therefore, the current plan is not what was requested.  Lajoie stated an excavator will be used to remove the stones from the top , within the work limit.  Once the steps are removed, they will be stockpiled outside of the 200 ft riverfront area.  Revegetation will take place within the disturbed area.  Young stated he would replant with grasses, bayberry and other native plants.   Lajoie will supply a removal plan for the next meeting.   Ms. Domski stated she will plant the area after the rocks are removed and would like to do it in the easiest, cheapest way.  The Commission would like to see the area put back to its natural state with plantings/revegetation.  Jeremy Young stated two plans will be submitted, one for removal of the rocks, and the other for revegetation.  Chair Freeman moved to have the applicant supply a plan on removal; seconded by Mike Fisher, passed 4-0.  Chair Freeman moved to have a plan submitted to identify the revegetation; seconded by Mike Fisher; passed 4-0.  Chair Freeman stated the fine would run for the 150 days, but the fine is suspended at this point.  John Portnoy moved to continue to 8/21/19; seconded by Mike Fisher; passed 4-0.

Kamentsky, 0 Anawan, Map 35, Parcel 199, Certificate of Compliance.  Gordon Peabody represented the applicant.  Some vista pruning was performed and the replanting plan was modified with different plantings which could survive the tides.  Barbara Brennessel stated the plants are extremely small and several plants have died.  Gordon Peabody stated the oaks from acorns did not grow as well as expected.  The high-tide bush is doing well and is approximately 3 feet tall.  Barbara Brennessel moved to issue  a Certificate of Compliance; seconded by John Portnoy; passed 5-0. 

Koval, 15 Ring Rd., Map 41, Parcel 103, Amendment to Order of Conditions, Install underground rainwater collection system.  Jason Ellis represented the applicant and stated they want to install the rainwater collection system with a purifier to make it potable.  The current groundwater is salty.  Barbara Brennessel stated there are several structures buried within the buffer zone and is concerned with the runoffs and impact to the function of the buffer zone.  Ellis stated the water table is at elevation 5 and they are at 38.  The original landscape plan will be utilized.  The top of the tanks will be under 3 to 4 feet of fill.  Mike Fisher moved to approve the AOOC; seconded by John Portnboy; passed 5-0. 

Thayler, 250 Meadow Ave W., Map 40, Parcel 158, NOI, revise coir envelopes.  Attorney Sarah Toranas Flores represented the applicant.  She stated this is the only unarmored  property in the area.  It was a soft solution previously.  The original coirs were installed in 2009 and have been failing within the last 5 years.  The envelopes are eroding at hightides and the coir envelopes  degrading.  Ms. Flores stated the previous plans required access across the structure by Diamondback Terrapins;  future plans will also include some of the previous conditions of the previous NOI.  Deborah Freeman stated she would require a bond equal to the cost of the removal.  The erosion rate for last year was 10 feet.  Seth Wilkinson stated the long-term average erosion rate was 1 foot per year.  Deborah Freeman questioned the erosion rate for each of the past 5 years.  Wilkinson stated when the envelopes were maintained, the erosion rate was 1 foot per year.  John Portnoy questioned whether the planned high marsh would survive wave action along a shore of a velocity zone.  Wilkinson responded with scientific information.  The commissioners stated that the slope is steeper than what appears on the plan, which was acknowledged by the project engineer.  Wilkinson stated the renourishment rate will be approximately 200 cubic feet which will cover the fiber rolls with  surplus volume deposited  to the west.  The renourishment will be applied from the top down.  The footprint of the coir rolls will be smaller than the previous project.  NHSEP just responded and the Commission would require additional time to review that response.  Attorney Flores requested a continuation to Sept. 4, 2019.   Mike Fisher moved to continue to 9/4/19; seconded by John Cumbler; passed 5-0      

Rousseau, 174 Pleasant Pt. Rd., Map 35, Parcel 210, RDA, remove deck on west side, replace piers of remaining deck, covered porch and house.  The site plan provided lacked needed detail and was not clear to the Commission.  Clyde Rousseau stated this is an older home and several changes have been made in the foundation over the years.  Blocks are leaning and piers are heaving, which has created buckling of the floors.  He would like to winterize the dwelling.  There will be no change to the footprint, no additional increase in living space, and the deck on the west side will be removed.    There would be a basement under one portion of the building.  Chair Freeman stated the commission requires a design plan for the foundation and stated that  this may require a NOI filing.  This property is within the buffer zone.  After further discussion, Mr. Rousseau stated he will need to consult with an engineer to develop the structural aspects of the project.  At the applicant’s request, John Portnoy moved to continue to 8/21/19; seconded by Mike Fisher; passed 5-0.   

Petas & Jones, 135 Pine Pt. Rd., Map 21, Parcel 54, NOI, house relocation, deck, addition, wood walkway and observation area and plantings.  John Schnaible and Mr. Jones came to the table.  The Historic Commission has approved the plan.  The 1800s house will be moved outside of the buffer zone and the footprint of the house will be reduced.  The lawn area will become a meadow area and only mowed once each year within the buffer zone.  Charles Wentz of Ponderosa Landscaping gave an overview of the landscaping plan identifying the various plants.  The walkway will allow access for the turtles in the area.  Any plans for  pruning of trees would be brought to the Commission for approval in the future.  There will be a full foundation in the new location, and any materials left in the buffer zone will be removed..  Mike Fisher moved to approve the NOI; seconded by John Cumbler; passed 5-0 with conditions.  Supervisor:  Mike Fisher

Coates & Scheibler, 10 1st Ave., Map 30, Parcel 120, Additions and vista pruning.  John Schnaible and Charles Wentz represented the applicant and Mr. Schnaible identified the resource area, the coastal bank, and the ACEC area.  The resource area was revegetated years ago and now  the trees are getting taller, obstructing the view.  The whole inside of the house will be renovated, and the owners would like an addition for the entrance way with a canopy.  Diamond piers will be used for support.  The addition will be approximately 240 sq. ft., and the footprint for the house will only be increase by  90 sq ft +/-.  The owners have decided to wait to perform the cutting / pruning.  There are several pine saplings growing within the bearberry and the applicant would like to selectively cut them as they grow. No pruning or revegetation will take place until after the construction is done.  At this point, the project is  for the addition and the mitigation.  Vista pruning will be addressed with a revised land management plan at a later date with another site visit.  Deborah Freeman moved to approve the addition to the dwelling and have the applicants come back with a vista pruning / vegetation plan; seconded by John Cumbler; passed 5-0.

Supervisor:  Agent

John Portnoy moved to adjourn at 7:15; seconded by Mike Fisher; passed 5-0.

Respectfully submitted,

Christine Bates, Committee Secretary