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Approved Conservation Commission Meeting Minutes

Meeting date: 
Wednesday, January 20, 2016

Approved

Wellfleet Conservation Commission

Meeting Minutes

January 20, 2016

Town Hall Meeting Room

Attendees:  Trudy Vermehren, Barbara Brennessel, Ed Simpson, Lauren McKean Ginie Page, and Cary Rea

Regrets:  John Portnoy

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

Mail / Discussion

  • Mail reviewed
  •     Letter from a hang-glider pilot to Cape Cod National Seashore
  •     Invitation from the Cape Cod Compact to a seminar for southeast Massachusetts land trusts on January 30.
  •     Letter from Recycling Committee regarding marine debris

1)         Denny O’Connell came on behalf of the Wellfleet Conservation Trust (WCT) and reported over 25 trees and shrubs had been cut on Pond Avenue without authorization from the Conservation Trust.  It was believed Jeremy Young was hired by Susan Little to do the cutting and she responded with a letter to Denny O’Connell stating she was the person who requested the cutting.   Photographs from several years were provided that showed the tree clearing directly on the water front.  Ms. Little wrote a memo to the Conservation Commission stating that only trimming was performed and she apologized.  Agent Greenberg-Lemos stated an enforcement letter would go to Conservation Trust, who would then determine what mitigation/remediation they would like.  An after-the fact filing from the WCT (after working with Susan Little) would be submitted.  Included in the application would be a planting plan (costs to be paid by Ms. Little.)  The commission will invite Jeremy Young come to a meeting for a discussion regarding the cutting.

       

  1. Link Lot: Denny O’Connell reported the WCT had received a state grant for $85,000  on condition that there be a conservation restriction on the property.  Barbara Brennessel moved to accept the CR from the Wellfleet Conservation Trust for the Link lot (29/382); seconded by Cary Rea; passed 4-0 (Ginie Page recused).  Mr. O’Connell stated it is an odd shaped lot; a private abutter and WCT have agreed to exchange some property to change the lot lines.   Denny will check with the authorities to see if that exchange can happen.

Review Fees and After the Fact Filings:  deferred to a later date.

Jurisdictional Opinions

  1. Herring River Restoration – geotechnical investigation for test borings.  Drilling site will be limited to High Toss Road and the area will be restored to the prior state.  Ginie Page moved to approve the Jurisdictional Opinion seconded by Ed Simpson; passed 5-0.
  2. Olga Kahn - fill pot holes, compact road surface, and trim trees back to 16-foot width on private Fox Island Road, Anawan Road and Marshview Road  so DPW can plow to remove snow and ice.    It was recommended she file an RDA and provide further information about ownership of the roads.  Barbara Brennessel moved to have a RDA filing; seconded by Ginie Page; passed 5-0. 

Doug Guey-Lee, assistant agent, provided some information on prior filings by the Flying Fish restaurant. 

Google Earth images for CYCC.    

Plot plan for Hiller, identifying the buffer zone.

Vista Pruning guidelines:  commissioners proposed two minor changes.  Trudy Vermehren moved to approve the guide for vista pruning with amendments; seconded by Barbara Brennessel; passed 5-0.

Meeting Minutes –to be addressed at the next meeting.

                                    

Public Hearings 5:00 pm:

Collins, 51 9th St., Map 40, Parcel 156, Certificate of Compliance.  Beach Nourishment has not been reported back to the Agent.  Trudy Vermehren moved to continue to Feb 3, 2016; seconded by Ed Simpson; passed 5-0.

Soloway / Gray, 48 Sandpiper Hill Rd., Map 22, Parcel 7, NOI, rebuild deck and stairs, install gas fire feature, rebuild walkway and patio, extend retaining wall, and plant shrubs (Cont’d).  Chet Lay represented the applicant and additional information was provided to the commission as requested regarding beach renourishment (43 cubic yards/year) as mitigation and square footage of disturbance.  Trudy Vermehren moved to approve the NOI; seconded by Cary Rea; passed 5-0.  Supervisor:  Barbara Brennessel

Picariello, 299 Gull Pond, Map 8, Parcel 48, RDA, remove 8 pine trees and prune oaks and maples (Cont’d).  Barbara Brennessel recused herself.  Melisa Picariello and Eric Anderson came to the table and stated it will be for the removal of 8 pine trees, as well as a damaged oak tree, and pruning of a  maple and oak tree.  For mitigation, they plan to plant blueberries or other native plants (3-gal size) at a rate of 3 for each tree removed.  A planting plan will be required.  Trudy Vermehren  identified the RDA as a Negative 2; seconded by Ed Simpson; passed 4-0.  Supervisor:  Trudy Vermehren         

Chequessett Yacht and Country Club, 675 Chequessett Neck Rd., Map 19, Parcels 115 and 81, RDA, cut back choke weed and have maintenance plan (Cont’d).  Lauren McKean recused herself.  Barbara Boone stated she had flagged the area and identified her long-term maintenance plan - hand removal and periodic mowing.  She stated she is unsure where she would like to place the proposed kayak rack.  The commission recommended the area be permanently marked or staked  where the cutting will take place each year.  Vehicles have created some erosion on the beach area.  Trudy Vermehren identified the project as a Negative 3; seconded by Ginie Page; passed 5-0.   Supervisor:  Barbara Brennessel    

Cohn, 145 (135 new) Pine Pt., Map 21, Parcel 55, NOI, new well and grading (Cont’d).  David Lyttle represented the applicant and stated the revised plan shows the elimination of grading with the exception of the northerly portion of the lot.  Access for the well will be through the abutter’s property and will result in a minor amount of disturbance.  The 7 trees to be removed are very close to the foundation.  A letter from Tom Kane, abutter, stated his well is located on the Mahon property.  He expressed concern with finding good water for a relocation of the well.  Lyttle stated the Cohn’s are willing to work with the Kane’s regarding finding potable water.  Tom Kane’s sister stated the letter was read correctly.  Lyttle stated the new owners would like to keep the property natural.  Ginie Page moved to approve the NOI; seconded by Trudy Vermehren; passed 6-0.  Supervisor:  Cary Rea   

Robin, 29 Briar Lane, Map 14, Parcel 26, RDA, construct walk-in freezer within buffer zone.  Ms. Robin did not attend the meeting.  Trudy Vermehren moved to continue to February 3, 2016; seconded by Ginie Page; passed 5-0.

Parker, 84 Springbrook Road, Map 47, Parcel 28, RDA, cut pine trees in front and side of dwelling.  Dave Seitler represented the applicant. This is an after-the-fact filing.  There are 3 additional trees that they would like to remove.  He stated the trees were falling on power lines and the trees are close to the house which could cause damage to the house and the deck.  He stated he will provide a list of plants for mitigation.  Trudy Vermehren identified the project as a Negative 2; seconded by Ed Simpson; passed 6-0.  Ed Simpson will supervisor.     

Kenney, 50 Lookout Road, Map 35, Parcel 5, NOI, prune and remove trees for corridor view.  Charles Wentz from Ponderosa Landscaping represented the applicant and identified the trees for removal and pruning based on the site plan provided.  He stated there will be temporary irrigation for the new native plantings.  He stated several pines had been previously topped and it would be advisable to let them grow naturally without additional cutting.  The narrative provided a list of proposed new plantings. The commission recommended a phasing plan in writing as well as a survival rate for the proposed new plantings.  The commission requested a planting plan identifying where the 3-gallon plants will be placed.  Trudy Vermehren moved to continue to Feb 3, 2015; seconded by Barbara Brennessel; passed 6-0.   

Tepper, 635 Cheq. Neck Rd., Map 19, Parcel 117, RDA, reduce height of pitch pines.  Ken McPhee of Bartlett trees represented the applicant.  The pines have been vista pruned every year, and he stated the owner would like to continue pruning at various heights.  He stated there would be no more than 18 inches taken off the top of the trees. There was no site plan provided. and The commission requested some of the pines be allowed to grow to their natural height with low  plantings within view corridors. Trudy Vermehren identified this as a positive, indicating a NOI would be required; seconded by Ed Simpson; passed 6-0.   

Dean, 260 Lt. Isl. Rd., Map 41, Parcel 42, NOI, add garage, bedroom, bath and foyer to existing dwelling.  Construct shell driveway.  Ed Simpson stated he had known Mr. Dean for several years.  Chet Lay and Jay Horowitz represented the applicant and stated they had not heard from Natural Heritage.  Lay gave an overview of the project.  Agent Greenberg-Lemos stated the commission can allow up to 5,000 square feet of alterations within the 100-foot buffer zone and this project is extremely large.  The commission stated they had not received any alternative plans.  Horowitz stated they would be up against zoning setbacks as well as septic location which left little room for the additions.  The entire project is within the ACEC.   Trudy Vermehren moved to continue to Feb 17, 2016; seconded by Ginie Page; passed 6-0.   

Kelly, 20 4th Ave., Map 40, Parcel 15, NOI, tree removal and vista pruning.  Chet Lay represented the applicant and stated Natural Heritage had not responded to the application.  He stated the property is currently owned by Kathryn Doake.  The trees would be replaced with a ratio of 3:1, with a total of 33 tree replacement.  Chet would like to have the commission make another site visit prior to the next meeting.  Sandy Duvin, abutter, expressed concern for her well.  Mr. Kelly has not purchased the property as yet and would like to replace the pitch pines with native plantings.  Chet Lay stated he had a discussion with Natural Heritage and was advised diamond-back terrapin turtles are in the area.  The commission recommended Chet have a discussion with MA Audubon regarding the turtles and the removal of trees, since turtles like sunny locations for nesting.  Trudy Vermehren moved to continue to Feb 3; seconded by Ginie Page; passed 6-0. 

Gainsboro, 30 Hiller Ave and 0 Kendrick, Map 20, Parcel 65 & portion of Bluff Ave., NOI, remove 11 pitch pines and invasive vines.  Chet Lay represented the applicant and he stated there would be a 3:1 replacement planting ratio.  There is poison ivy and bittersweet on the property which the owners would like to have removed.  Chet stated he would like to have a discussion with Doug Guey-Lee regarding 20% pruning of the crowns.  Chet requested a site visit and a continuation.  Trudy Vemehren moved to continue to Feb 3, 2016; seconded by Ginie Page; passed 6-0.   

DiRocco, 155 Indian Neck Rd., Map 28, Parcel 134, NOI, construct elevated pedestrian walkway and perform invasive species management.  At the request of the applicant, Trudy Vermehren moved to continue to February 3, 2016; seconded by Ginie; passed 6-0.

Riley, 464 Rte. 6, Map 42, Parcel 22, NOI, plant trees (Cont’d).  At the request of the applicant, Trudy Vermehren moved to continue indefinitely; seconded by Ginie Page; passed 6-0.

Trudy Vermehren moved to adjourn at 7:00 pm; seconded by Ginie; passed 6-0.

Respectfully submitted,

Christine A. Bates, Committee Secretary