Approved Conservation Commission Meeting Minutes
Approved
Minutes of Conservation Commission
September 2, 2015
Town Hall Meeting Room
Attendees: Trudy Vermehren, Ginie Page, Barbara Brennessel, Cary Rea, John Portnoy Ed Simpson, and Lauren McKean
4:00 - Business Meeting & Conservation Agent's Report
Trudy Vermehren read an e-mail from Doug Guey-Lee to the owners of 375 Cove Rd, regarding illegal tree cutting. An enforcement order was written with a fine. The owner will pay the fine and will submit a filing.
Pate Steele / Robert Lanza, 113 4th St., Order of Conditions. Bill Henchy, Attorney, and Pate Steele came to the table and acknowledged that notice of the start of work was not provided to the Board and the construction protocol was not followed. He stated that some steel work and welding were completed, with Agent Hillary Greenberg-Lemos’s approval, in order to secure the building. Mr. Henchy stated the property owner thought the contractor had notified the Commission. At the site visit, it was noted ladders were left leaning against the steel frame, debris was left at the site including outside the work limit, and items were left outside of the designated parking area, creating an unsafe project site. In addition, Ed Simpson, supervisor, stated the construction protocols filed with the NOI do not match the protocol provided by the contractor. He stated each subcontractor should be given a copy of the orders of condition so that they have responsibility to comply. Attorney Henchy and Pate Steele will have a discussion with the general contractor. The crane may have to come back for the placement of the granite. Cars were parked outside of the parking area and some coastal vegetation was damaged. The Commission received a letter from a certified engineer regarding the weight Lt. Island bridge can handle. A staff member and Ed Simpson requested a pre-construction meeting on 8/16/15 with the contractor(s). Attorney Henchy requested that the stop order be lifted, but the Commission stated that Ms. Greenberg-Lemos issued the order; therefore, the Commission could not revoke it. An orange work limit fence will be placed along the driveway to further define the limit of work and avert further resource damage.
Soars property: 410 Lt. Island Rd., Map 41, Parcel 78. A Jurisdictional Opinion on the proposed revegetation of areas disturbed by a septic upgrade was discussed at the 7/15/15 meeting; the Commission requested additional information. Pictures of the flagstone were provided for the Commission to review. Barbara Brennessel stated that, when the septic system was upgraded, the Commission had told the owners that the deck currently located within the wetland could not be altered in the future; this included a prohibition on cutting vegetation around the structure. . Trudy Vermehren moved to deny the Jurisdictional Opinion and request the owners submit a Request for Determination; seconded by Lauren McKean; passed 7-0.
Mail / Discussion
- Cape Cod Commission – public hearing regarding wireless pole, 9/8/15 at 5:00 pm at the Library.
- 5K run during Oyster Fest. Notes from Agent Hillary Greenberg-Lemos: spoke with Beach Administrator who described the course route on dirt roads around ponds in north Wellfleet and south Truro. Notification will be sent to abutters. Lauren McKean stated that the National Seashore staff from several departments were still commenting on the location.
- MACC has a Wetland Protection Act guide.
- Question/answer paper regarding small vessel identification. The Commission discussed various ways to notify people regarding vessel registration and to discourage their storage on coastal vegetation.
- Notification of paving of certain roads from Mark Vincent.
- Letter from Agent Greenberg-Lemos to Eversource regarding Hatches Creek, Fresh Brook and Herring River regarding resource damage during vegetation control work. The Commission recommended that signs are posted identifying wetlands so vehicles are not driven within these areas.
- Barbara Wright – Pleasant Point – Conservation Trust – to be discussed at next business meeting.
Jurisdictional Opinions.
Meeting Minutes
Public Hearings 5:00 pm:
Farnsworth, 145 Pine Pt., Map 21, Parcel 55, NOI, construct dwelling, deck, garage, installation of septic and well (Cont’d). Trudy Vermehren moved to continue to 9/16/15 at the request of the applicant; seconded by John Portnoy; passed 7-0.
Brimm, 160 Third Ave (Lt. Island), Map 40, Parcel 102, RDA, construct shed. Mr. Brimm stated Pine Harbor will transport the walls which will be constructed at the site. Trudy Vermehren identified the project as a Negative 3; seconded by Ginie Page; passed 7-0.
Bromberg, 195 Samoset, NOI, Cont’d. John O’Reilly and Ben Zehnder represented the applicant. O’Reilly stated there is a bluff higher in elevation on one portion of the property and the FEMA line was lower than the bluff. After discussions with FEMA, they would not change their line. The updated site plan identifies the FEMA line and under the building code, the two decks (upper and lower) will now be stand-alone structures and not attached to the house. The dwelling is outside of the FEMA map area. The existing vegetation along the bluff and just west of the house has many non-native and invasive plants, which will be removed’ the area will be replanted with beach plum. The revised plan identifies a proposed outdoor shower which is 18 square feet. Additional changes include the basement as a storage area, reducing the habitable space by 473’, the ceiling height lowered, screened porch eliminated and replaced with a deck, and the second floor decking will be open. The project received approval from the Board of Health. Attorney Zehnder stated the ZBA application was withdrawn, awaiting approval from the Conservation Commission. 40 square feet of the decking will be in the 50’ buffer zone.
Kevin Coady, abutter, stated he had talked with FEMA and sent a copy of the site plan to them. He stated FEMA informed him the entire site is within the flood zone due to the topography. The flood elevation is 29 ft-NAVD88 and the southern end of the coastal bank is at a lower elevation, which would allow storm tide to overtop. He stated the deck dimensions are incorrect on the plan provided to the Commission. He provided a copy of the denial letter from FEMA to O’Reilly. He stated the decking supports cannot be dug into the resources and the outside shower is not connected to the septic. Copies of the septic system were provided by Coady. He expressed his concern with the size of the project, the water runoff, and the closeness of his well to the outdoor shower and property line.
Attorney Zehnder responded with the following:
The FEMA floodline shown on the current site plans is the same as Coady’s engineer submitted at the last meeting. O’Reilly explained that he provided a site plan to FEMA and FEMA didn’t agree with moving the line and all the site plans are at 29’. O’Reilly stated the original deck was 12’, not 10’ as Mr. Coady states. O’Reilly stated the new shower will be connected to the septic system. The decking construction will be on pilings, anchored with sono-tube, helical anchors to code. O’Reilly stated the dwelling is in the X zone and FEMA does not consider that in the velocity zone. Zehnder stated the erosion on the road is coming down the road, not from this property. The Commission requested additional information regarding the FEMA line, materials sent to FEMA, and new plans for the decking and shower. They also requested a description of the invasive plants to be removed, and identification of any herbicides which may be used as well as a description of revegetation. Trudy Vermehren moved to continue to 10/7/15; seconded by Ed Simpson; passed 7-0.
Trudy Vermehren moved to close the public hearings at 6:15; seconded by Ginie Page; passed 7-0. Business Meeting Continued
Coast Sweep: Ginie Page reported the Conservation Trust is sponsoring the Coast Sweep and wondered if the Commission would like to co-sponsor the event by possibly distributing flyers. People will meet on 9/26/15, 9:00 am; at Mayo Beach. The Commission did not feel they could commit due to previous engagements.
Trudy Vermehren moved to adjourn at 6:30 pm; seconded by Cary Rea; passed 7-0
Respectfully submitted,
Christine A. Bates, Committee Secretary