Approved Conservation Commission Meeting Minutes
Approved
Wellfleet Conservation Commission
Meeting Minutes
March 16, 2016
Town Hall Meeting Room
Attendees: Trudy Vermehren, Barbara Brennessel, Cary Rea, Ginie Page, John Portnoy
Regrets: Ed Simpson and Lauren McKean
4:00 - Business Meeting & Conservation Agent's Report
Mail / Discussion
Climate Change & Shellfish: Barbara Brennessel stated that over the past two years a local working group led by Seth Tuler of the Social and Environmental Research Institute studied the potential effects of climate change on shellfish and shellfishing in Wellfleet Harbor. The group considered warming water temperature, ocean acidification, increased frequency of heavy precipitation and sea-level rise, and suggested actions by existing town committees to mitigate adverse consequences. Their results are available on the website: http://wellfleet.seri-us.org/ , which includes reports, videos and maps.
Article: High Toss Road warrant. (continued vehicle, pedestrian and equestrian access to Griffin Island throughout the tidal cycle). Cary Rea moved to NOT recommend the warrant; seconded by John Portnoy; passed 5-0.
Ethan Estey – Herring Warden: Ethan distributed a report of his activities in 2015 and reviewed the background on herring. He stated the herring count coordinated by Friends of Herring River has continued and acknowledged the work of locals helping to clear up the river herring run in Herring River. He stated glass eels had started running. He stated poaching has not been an issue. Americorps will be working on the Herring River cleanup on March 30, 2016.
Pesticides – Helen Miranda Wilson: Ms. Wilson stated the National Seashore has a policy of pesticides similar to the State. She stated a few words would be changed in her draft before entry in the final Town Meeting warrant. She described some of the research she has done and what other communities are doing in regards to the use of pesticides. She stated that both the Board of Selectmen and the Water Commissioners passed the draft to go forward with the warrant. Helen stated she had a discussion with Sharon Young regarding voluntary registration for homeowners who do not want pesticides applied on or near their land. Helen will do further investigation of this program. Helen’s biggest concern is Eversource spraying within the power lines and impacting water supply wells. Ginie Page moved to recommend the draft; seconded by John Portnoy; passed 5-0.
Kane: previously approved RDA to drill a well at 155 Pine Point Rd. Agent Greenberg-Lemos stated the water is too salty at the test well site and the applicant would like to try another test well location. There will have to be some limbs removed from a tree. The set back from the wetland is the same as that of the originally approved RDA. Trudy Vermehren moved to approve the test well; seconded by Cary Rea; passed 5-0.
Jurisdictional Opinions - none
Meeting Minutes – to be addressed at next meeting
Public Hearings 5:00 pm:
Town of Wellfleet, Aquaculture, NOI (Cont’d). The engineering firm requested a continuation to April 6, 2016. Trudy Vermehren moved to continue to 04/06/16; seconded by Ginie Page; passed 5-0.
Rispoli Ventures¸ LLC, 15 LeCount Hollow Rd., Map 30, Parcel 22, Amended Order of Conditions, construct walk-in cooler, roof over 2nd story deck and stairway, ramp on north side of cooler, removal of brick walkway and retaining wall and replace with new retaining wall and concrete walkway, remove and replace retaining wall below deck, install crushed stone, construct storm water drainage system and construct concrete pad next to propane tank. The applicant requested a continuation to April 6, 2016. Trudy Vermehren moved to continue to 04/06/16; seconded by Ginie Page; passed 5-0.
Palmer, 480 Old Wharf Rd., Map 35, Parcel 221, RDA, Extend driveway and remove 3 trees in buffer zone. Tim Brady represented the applicant and stated no other work will be done. The driveway extension will be paved with a permeable material. He stated a tree within the private roadway will be removed. Condition: replace with 12 three-gallon native shrubs . Trudy Vermehren identified this as a Negative 3; seconded by Cary Rea; passed 5-0.
Fodaski, 55 Marsh End, Map 8, Parcel 266, NOI, replace deck and replace 13.5’ x 16’ patio with a 18’ x 20’ patio. Chet Lay represented the applicant and stated the existing deck will be replaced with no change in size. DEP notification was received by another firm and will be supplied at the next meeting. The timber “edge” will become a fence. No elevations of the wall nor descriptions of cutting and filling were supplied to the commission; Mr. Lay will return with this information. An adjacent railroad-tie retaining wall appears to be failing and Chet Lay will go back to the applicant to ask if they would like them replaced as well. Trudy Vermehren moved to continue to 04/06/16; seconded by John Portnoy; passed 5-0.
DiRocco, 155 Indian Neck Rd., Map 28, Parcel 134, NOI, construct elevated pedestrian walkway and perform invasive species management (Cont’d). Theresa Sprague landscape designer and Ezra Ambrose of Ambrose Construction, who designed the proposed walkway, came to the table. Ms. Sprague stated that the Mass. Natural Heritage and Endangered Species Program has determined that the wetland is potential spawning habitat for the Eastern spade foot toad, provided that the shrub canopy is removed. Accordingly, aa new design was made to accommodate the breeding area for them. The foot bridge was moved to the highest elevation to prevent any potential shading where water may pool. All woody vegetation will be removed in certain areas and replaced with low-growing native vegetation. In the upland portion of the land, 61 shrubs will be planted. She gave an overview of the recommendations made from NHSP in regards to plantings, and the bridge. Ezra Ambrose stated the bridge has changed in design from the original plan and explained the new design. The highest point of the bridge is 6’10” above the land surface. Photographs were distributed of the area and Ms. Sprague explained the vegetation would be flush cut. Barbara Brennessel stated this would be a major alteration to a wetland.. A discussion took place regarding the products used and the application. No heavy equipment will be used in the area. Sprague stated there will be a 3 year management plan and no work would take place from April to June to avoid spadefoot spawning; however, Portnoy reported that this species can spawn on the outer Cape from April through September, depending on heavy rain events, and it was agreed no work would be done during that timeframe. . Audience concerns were then heard by the Commissioners: William Gazzola, questioned if the chemicals kill the invasives through the root systems what happens to the chemicals; there are peepers and birds in the area. Ann Beckhard, questioned if this clearing will make the small pond better or harm it; Ms. Sprague stated by clearing the area, it will enhance the habitat as well as the wetland. Herbicides would not be used if there is any standing water. John Portnoy recommended performing a test to determine peat depth, given that wetland peat retards drainage and prolongs surface-water flooding, to the benefit of wetland wildlife including breeding spadefoot toads. Martin Murphy, abutter, questioned when the plans were changed which was March 9. He questioned why a bridge would have to be built and stated everyone else uses the road to access the beach. He stated he feels this property has a vernal pool. He stated the water on the property depends on the amount of rainfall or storms. He is opposed to the project. Mr. Murphy provided photographs of the area. DPW has made drainage ditches from Indian Neck Road to the property. Trudy Vermehren stated it is not a known fact that there are spadefoot toads in the area and that there has been no alternative analysis provided. John Portnoy stated that he doesn’t see this as a habitat restoration and that the wetland provides habitat for native wildlife in its present vegetated condition. He feels it has good native shrubs in the area and this project amount to a major alteration. Ezra stated there will be approximately 10 helical anchors supporting the bridge. The bridge will be 3 feet wide. Ms. Sprague will get back with MNHESP for further clarification of their recommendation regarding the spade foot toad; she will also provide an alternatives analysis and fact sheets on the proposed herbicides. Letters from abutters who object to the project were read. The applicant requested a continuation to April 20, 2016. Trudy Vermehren moved to continue to 04/20/16; seconded by Ginie Page; passed 5-0.
Trudy Vermehren moved to adjourn the public hearings at 6:20 pm; seconded by John Portnoy, passed 5-0.
Agent Greenberg-Lemos stated Gordon Peabody will be representing the people who cut trees on Pond Ave (Conservation Trust property).
Trudy Vermehren moved to adjourn at 6:25 pm; seconded by John Portnoy; passed 5-0.
Respectfully submitted,, Christine Bates, Committee Secretary