Approved Conservation Commission Meeting Minutes

Meeting date:

Wednesday, August 5, 2015

Approved

Minutes of Conservation Commission Public Meeting

Date: August 5, 2015

Time: 4:00 PM

Location: Town Hall Hearing Room

Commissioners Present: Trudy Vermehren, Ginie Page, Cary Rea, Barbara Brennessel, Ed Simpson, John Portnoy

Regrets: Lauren McKean

Staff Present: Hillary Greenberg-Lemos, Conservation Agent; Christine Bates, Committee Secretary

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

Trudy Vermehren called the meeting to order at 4:10 pm.

Barbara Wright and her son, Andrew, requested a discussion on Pleasant Point and the inability to have access to repair the bulkhead. As property owners, they were disappointed in the town vote not to sell the town owned land the bulkhead is located on to them and other owners of property on Pleasant Point. She stated the property owners have been paying taxes on the bulkhead despite having been told that they don’t own it. She reviewed meeting minutes of the Conservation Commission and questioned why the commission did not recommend the sale of the property. John Portnoy responded that over time private ownership and stewardship will likely change, and, therefore, town ownership and management for important public conservation interests is preferable.. Ms. Wright stated the owners have no intention of stopping access to the beach, and don’t want to change anything. Ms. Wright passed around 2 pictures of erosion taking place on one of the properties (Patterson). Ms. Wright stated there was discussion with the Town Administrator and other authorities who were not in favor of the town granting the private property owners an easement to the bulkhead. There is a question as to who owns the bulkhead and what the restrictions and liabilities are. Ms. Vermehren said that if the property were put out for bid by the town, there is no guarantee the property owners would get it. Mr. Rea suggested that if the town were to vote to sell the property, a conservation restriction, held by the town, could be attached to the deed to protect the coastal bank in perpetuity.

Mail / Discussion

Letter from Agent to Ms. Krasting regarding structure(s) on Cliff Road needing to be removed, Agent Greenberg-Lemos stated the work has been completed.
Letter of violation of illegal cutting of trees at 375 Cove Road
Letter to Conservation Commission from landscaper hired by Ellen Berezin to provide plantings on the property.
E-mail correspondence regarding boat storage at Field Point. Hillary Greenberg-Lemos stated the boats are still on a “roadway” owned by the Field Point association. After making several site visits in town, she reported that boats are being stored on shoreline vegetation at many locations, and asked the Commission to assist in a process of getting the boats off the resources.
From Cape Cod Commission – schedule of fees.
From Cape Cod Commission – Hearing scheduled for 8/7/15 for erection of a communication tower located at 724 Rte 6, Wellfleet.
Copy of letter sent to Mass Environmental Protection from lawyer of Harborside Village Cooperative Corporation wanting the town to withdraw their RDA application for the trial opening of the one-way valve at Mayo Creek.

Jurisdictional Opinions

Michael Brimm, Lt. Island, storage shed within 100’ buffer zone – Cary Rea moved to have the applicant file an RDA; seconded by John Portnoy; passed 6-0.

Meeting Minutes – to be reviewed at next meeting.

Public Hearings 5:00 pm:

Baptist, 461 State Hwy, Map 30, Parcel 19, RDA, construct shed (Cont’d). Ed Simpson recused himself. Mr. Baptist stated the storage containers on the property are vital to his business for the storage of his merchandise. He stated the containers have been there for 30 years and it would be detrimental to move the containers each season. He stated the second floor of the building could not handle the merchandise due to the weight. John Portnoy moved to continue to September 16, 2015 so Mr. Baptist can come up with an alternative solution to remove the containers off the resources; seconded by Ginie Page; passed 5-0.

Dzen/Dechirico, 190 Blue Heron Road, Map 41, Parcel 12, NOI, vista pruning, removal of trees, replanting and construct at-grade deck (Cont’d). David Lajoie (Felco Engineering) and Adrian Punch (Seed and Harrow Landscaping) represented the applicant and distributed a revised site plan. One copy of a work narrative was distributed by the landscaper, listing the plants to be used for revegetation. The number of plants did not match the site plan; therefore, the commission requested the representatives provide accurate paperwork for the next meeting. Trudy Vermehren moved to continue to August 19, 2015; seconded by John Portnoy; passed 6-0.

Bromberg, 195 Samoset Ave., Map 28, Parcel 97, NOI, remove and rebuild dwelling (Cont’d). The applicant requested a continuation to August 19, 2015. John Portnoy moved to continue to August 19, 2015; seconded by Ed Simpson; passed 6-0.

Manning, 1694 State Highway, Map 30, Parcel 84, RDA, Construct shed. Agent Greenberg-Lemos stated an as-built site plan must be provided. Trudy Vemehren moved to continue indefinitely until proper paperwork is provided; seconded by Ed Simpson; passed 6-0.

Gussak, 80 George’s Way, Map 16, Parcel 610, Certificate of Compliance. Gordon Peabody represented the applicant. It was noted that some construction debris had blown into Dyer Pond; Mr. Peabody said that he would clean it up.. Trudy Vemehren moved to approve the Certificate of Compliance; seconded by Ginie Page; passed 6-0. Mr. Peabody stated he will visit the pond regarding the clean up.

Valli, 30 Ridgeview Dr., Map 13, Parcel 134, Extension of Order of Conditions. Mr. Valli stated he required additional time as the septic has not been installed as yet. Cary Rea moved to issue a 2 year extension; seconded by Barbara Brennessel; passed 6-0.

Farnsworth, 145 Pine Pt., Map 21, Parcel 55, NOI, construct dwelling, deck, garage, installation of septic and well. Cary Rea recused himself as an abutter. David Lajoie represented the applicant and stated the lot is new as a subdivision and there are several resource areas near the property. He reviewed the resource areas, particularly the riverfront. Agent Greenberg-Lemos requested to see the original plans from when the property was subdivided, and pointed out that the Wellfleet Environmental Bylaw prohibits alterations within 100 ft of the resource on lots subdivided after 19 November 2003. This parcel was subdivided in 2015. Ms. Greenberg-Lemos asked if the applicant had provided alternatives prior to locating the house on the property. The protection of resources for the riverfront is 200’. Mr. Lajoie stated work can be acceptable as long as 100’ of riverfront remains pristine. He described the variances of the septic and well locations and stated if the dwelling had to be reduced in size, they would reduce it. Agent Greenberg-Lemos reiterated the regulation prohibiting alterations within the 100-ft buffer in lots subdivided after November 2003.. Nancy Rea, an abutter stated she is concerned about construction so close to the salt marsh. David Lajoie requested a continuation to September 2, 2015. Trudy Vermehren moved to continue to September 2, 2015; seconded by Ed Simpson; passed 6-0.

Trudy Vermehren moved to adjourn at 5:50 pm; seconded by John Portnoy; passed 6-0.

Respectfully submitted,

Christine Bates, Committee Secretary