Approved Conservation Commision Mtg Min.

Meeting date: 
Wednesday, August 21, 2019

Approved

Wellfleet Conservation Commission

Meeting Minutes

August 21, 2019

Town Hall Meeting Room

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

Regrets:  John Cumbler

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

Mail

Discussion   

            DLTA:  no action

            Coastal Sweep:  Deborah Freeman stated she contacted Denny O’Connell and offered the assistance of the Conservation Commission.  Barbara Brennessel moved to co-sponsor the Coastal Sweep on 10/14/19; seconded by John Portnoy; passed 4-0.

 

Chipman’s Cove complaint:  Agent Hillary Greenberg-Lemos read a letter addressed to Dan Hoort from Amy Diamant regarding shellfish trucks on the beach creating ruts which do not fill in at high tide.  She also noticed crates and wooden racks left on the beach.   Site visits have taken place during the month of August by both Agent Hillary Greenberg-Lemos and Nancy Civetta, Shellfish Constable.  There were no visible problems. It appears the ruts were made  in the winter months,and have been leveled  by high tides.  Agent Greenberg-Lemos stated she doesn’t believe there is any action needed by the Conservation Commission other than keeping an eye on it.  Deborah Freeman stated Ms. Diamant should alert the Commission or the Shellfish Warden if she sees anything in the future so that a site visit could be done.   

John Portnoy provided additional information on Wesley Swamp.  The Town has been pumping water from this certified vernal pool in violation of wetland laws since 1978.  Recent hydrological monitoring found that the pumping controls only surface water, and not groundwater levels, in which case the only concern would be occasional flooding of the Preservation Hall back lawn.  Therefore the Commission requested that the Agent send  a letter  to the Board of Selectmen and the Town Administrator recommending an engineering assessment of physical alternatives, e.g. a berm or sheet-pile wall, to protect Perseveration Hall’s lawn when the Town ends this illegal pumping.  

Mr. Tom Steiner complained of Mosquito Squad’s spraying on property on 30 Fox Island Road (condo ownership) which may be drifting onto on  Conservation Trust’s Pilgrim Spring Conservation Area  and nearby wetlands.  Michael Fisher advised Mr. Steiner to take future complaints to the Mass.  Department of Agriculture.

A catamaran had been placed on beach grass near Mayo Beach (Harbor Master is aware of who the owner is).  There is damage to the beach grass.  The catamaran has been moved and Agent Greenberg-Lemos will send a letter to the Harbor Master and the boat owner.  Debby Freeman would like the owner of the catamaran to come to a Conservation meeting. 

MAIL:  Agent Greenberg-Lemos sent a letter to the Cape Cod Commissioners identifying the projects that were accomplished with the funding received. 

Agent Greenberg-Lemos stated the projector  and screen should be installed this week in the meeting room.        

Jurisdictional Opinions:

65 Holbrook Ave, Frank and Barbara Nestle and Arborist James Shannon gave an overview of the willow tree which has been pruned for several years to give their neighbor across the street a view corridor.  The Nestle’s are unhappy with the way the tree looks.  James Shannon stated he can remove the tree but does not want to prune it.  It was suggested the tree trunks be flush cut, material pulled from the wetland, and disposed off-site and that the work be done during the winter months.  It is understood that this cutting will have to be repeated once the tree regrows to the 25-foot limit required by an adjacent vista easement. Barbara Brennessel moved to approve the Jurisdictional Opinion; seconded by Mike Fisher, passed 4-0.

Andrea Coates, District Environmental Engineer came to the table to talk about Hawes Pond.  A final hydrology report was due in February 2019 but has not been received (re. DOT filing).  A draft report confirms the need for a tide gate, but not duck bill.  A lever would control when it shuts and opens based on the water level (a float on the lever).  John Portnoy stated DEP Wetlands and Waterways has been  involved before and should be contacted to expedite the return of some tide and seawater flow into Hawes Pond as soon as possible.   Money is required to replace the current structure.     

Meeting Minutes:  Barbara Brennessel moved to approve the amended meeting minutes of August 7, 2019; seconded by John Portnoy; passed 4-0.

PUBLIC HEARINGS:  5:00

Melvin, 35 Holbrook Ave., Certificate of Compliance  Engineer David Sadowski represented the owners.  Agent Greenberg-Lemos advised Mr. Sadowski that several things on the property were not approved nor identified on the site plan when the Order of Conditions was approved.  A shower with a platform was constructed, rocks have been placed under the shower, and a large area (approximately 10’ x 14’) has been covered with rocks.   Gutters were installed contrary to the plan and without dry wells.   Mr. Sadowski provided pictures of the shower area.  He advised the Commission that the stones can be removed by hand and placed by the dwelling for a drip line.  The gutters will be removed, and an as-built will be provided identifying the shower area and stone filled drip lines.  Barbara Brennessel moved to continue to 09/04/19; seconded by Mike Fisher; passed 4-0.         

Sandy Shoes, LLC, 135 Highmeadow Rd., Map 12, Parcel 131, NOI, revegetating existing disturbed area (Cont’d).  David Lajoie and Jeremy Young came to the table.  A revised plan was submitted identifying the removal of the rock steps within the 200 buffer zone and revegetating  3 areas.  Access will be from the existing driveway and stone material will be removed.  30 pine trees were pruned and 20 (3” to 4” trunks upwards to 3 inch to 4 inch high) saplings were removed without permission from the Commission.  Jeremy Young stated there are some white oaks coming up.  John Portnoy recommended that 15 to 20 bear oak or other low-growing native trees (e.g. shad) be planted in section 2 in addition to ground cover.  There is irrigation already on the property.  The Commission requires  a 60 to 80% survival rate.  The Commission requested a revised plan identifying where the trees will be planted.   

John Portnoy moved to approve the NOI with conditions; seconded by Barbara Brennessel; passed 4-0.  Deborah Freeman stated fines could be over $30,600 , but if the remediation is performed to a high standard, the Commission will consider a lesser fine.  Mr. Young was told  he has made cuttings without approval several times.  Mr. Young apologized for not checking with the Conservation Department..   Agent Greenberg-Lemos advised the Commission that the actual violation continued for  only 4 days, in which case the fine would be $800.  Barbara Brennessel moved to fine the owner and contractor $800 each.; seconded by John Portnoy; passed 4-0.  A revised plan from David Lajoie will be sent to the agent.  Supervisor:  Debby Freeman.

Rosenberg, 235 Buttry Way, Map 16, Parcel 630, NOI, “after the fact filing”, unauthorized vegetation clearing.  David Lajoie, Becky Rosenberg, and Tia Shabbatt came to the table.  $800 still needs  to be paid for an “after the fact” filing.  The property is on the shore of  Long Pond. Lajoie stated there are additional projects they would like done: A new access path to the pond, a boardwalk to the pond, a 10X10-ft beach with imported sandy fill, a 10X10-ft bottom-anchored float, creation of a new parking area, and repair to the driveway with stones (due to deep sand and rutting),   Ms. Rosenberg stated this was a house/land swap and she had to move from her former house to this house.  No landscaping had been done in the last 15 years, and the trucks moving her furniture got stuck in the driveway.  David Lajoie stated the driveway will be kept the same size with no grade changes and there will be 2 parking spots after the fence is removed.  The replaced timber steps will be ACQ timbers.  Since water runs into the house, they are requesting regrading around the perimeter.  They wish to remove 6 trees around the power lines and one large pine which over-hangs the power line.  Ms. Rosenberg distributed pictures of the current floating dock which is a small piece of styrofoam with an anchor and the Commission advised her she would have to get a Chapter 91 to replace it.  The Commission was in agreement they are not in favor of a float, due to damage in the resource as well as habitat.  Jude Ahearn questioned what was done to the property which was not in compliance.  Ms. Rosenberg wanted additional sand placed on the beach area.  The Commission stated the water level is high at the current time, explaining the lack of an exposed sandy beach; during low-water years, a beach is exposed.  The homeowner is proposing a removable type of boardwalk which could be rolled up and removed in the winter months.  This would be on the existing path.  The other path will be removed.  John Portnoy recommended removing one invasive purple loosestrife north of the driveway before it proliferates.  A letter from Lower Cape Landscaping was read into the record regarding cuttings of shrubs.  John Portnoy stated he witnessed the cutting in the spring of this year immediately along the shoreline where these shrubs serve a purpose protecting the water quality and cutting is not allowed.  Agent Greenberg-Lemos recommended having Lower Cape Landscaping come to a meeting.  The Commission requested a mitigation planting plan and grading plan for around the house.  Barbara Brennessel moved to continue to 9/4/19; seconded by Mike Fisher; passed 4-0.           

Rousseau, 174 Pleasant Pt. Rd., Map 35, Parcel 210, RDA, remove deck on west side, replace piers of remaining deck, covered porch and house (Cont’d).  The applicant requested to withdraw the application.

VonKaesborg, 137 Naughaught Rd., Map 21, Parcel 101, Certificate of Compliance.  Agent Greenberg-Lemos stated the project is in compliance.  Deborah Freeman moved to issue the Certificate of Compliance with a letter to Jeremy Young, advising him that the request should be submitted as soon as the project is complete; seconded by Mike Fisher; passed 4-0.

MA Dept. of Transportation, Route 6 / 6A Westbound at Blackfish Creek, RDA, Stabilize 15’ x 15’ eroded area with rip rap over gravel and borrow mix.  Loam and reseed.  Guard rail may be reset if necessary.  Andrea Coates, Engineer, stated there is an eroded area on the westbound side with riprap  on the slope.  If necessary, they will remove and replace guard rail in the area.  This is a habitat area of protected species; however, NHESP stated there would be no take.  Work would be within a few weeks of approval, starting after Labor Day.  Mike Fisher questioned if some stones could be removed that have gone in the water and Ms. Coates stated they could try to do so if it didn’t create any damage.  Mike Fisher identified the RDA as a Negative 2; seconded by John Portnoy passed 4-0. 

Mike Fisher moved to adjourn at 6:45 pm; seconded by Barbara Brennessel; passed 4-0.

Respectfully submitted

Christine Bates, Committee Secretary