Approved Conservation Commission Mtg Mins

Meeting date: 
Wednesday, December 19, 2018

Approved

Wellfleet Conservation Commission

Meeting Minutes

December 19, 2018

Town Hall Meeting Room

Attendees:   Barbara Brennessel, Lauren McKean, John Cumbler, Deborah Freeman, and John Portnoy, Conservation Agent, Hillary Greenberg-Lemos and Christine Bates, Committee Secretary

Regrets:  Michael Fisher

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

Mail / Discussion

            Halleck/Hoeland Trust (1440 Chequessett. Neck Rd) Findings of Fact.  The Commission reviewed the meeting minutes of 12/05/18 and compiled a list of Findings of Fact for the denial of the NOI.  The Commission reviewed the contents of the file for inclusion of all items in the record. 

Agent Hillary Greenberg-Lemos read the letter from LEC regarding the Cape Cod Rail Trail.

DLTA – no discussion

Jurisdictional Opinions - none

Meeting Minutes   Barbara Brennessel moved to approve the revised 12/5/18 meeting meetings; seconded by John Cumbler; passed 5-0.

John Portnoy reported there is unpermitted activity near Herring Pond and the fish gate has been closed.  John Portnoy moved to have the Herring Warden open up the gate; seconded by John Cumbler; passed 5-0.

                                       

Public Hearings 5:00 pm:

AJOR, LLC, 635 Chequessett Neck Rd., Map 19, Parcel 117, Certificate of Compliance.   Brian Madden from LEC, gave an overview of the project, stating photographs were submitted as the project progressed.  A fire pit was placed on a deck which was not in the original plan.  The Commission requested an “as-built” be submitted to identify the fire pit and the paperwork needs to identify Wellfleet, not Nantucket as the site of the project.  Barbara Brennessel moved to approve the Certificate of Compliance with the condition an as-built plan and wording of site of project be changed; seconded by Lauren McKean; passed 4-1.    

Cape Cod Rail Trail, NOI, Extension of trail between Lecount Hollow Road and Rte 6.  The letter from LEC was reviewed again.  Brian Madden and Derek Hug provided an overview of the information the Commission had requested at the 12/05/18 meeting.  Lauren McKean requested the that the plan contain location for placement of the porta-potty.  Natural Heritage stated there will be no adverse takes within this area.  There will be no increase in parking spaces although there will be an increased parking area. There will be catch basins and if they were to overflow, water would go toward the resources.  No information is available on the area regarding the overflow, but Madden stated storm septors could be added and agree3d to do so.  Consultants confirmed that existing system does overflow into wetland.  Agent Greenberg-Lemos read a letter from Carol Magar objecting to the project due to habitat, safety on Route 6, and air quality.  A letter from another concerned citizen was read, objecting to the project with concerns of safety, habitat, traffic, development of the trail, and changing Wellfleet.  Jude Ahearn, a Wellfleet resident, objected to the project and didn’t feel the public has been given enough information regarding plans and sufficient opportunity to comment.  Agent Greenberg-Lemos stated the Commission is only looking at two small areas and does not have jurisdiction regarding the concerns of the authors of the letters.  Helen Miranda Wilson, not speaking as a delegate or Selectmen, questioned where the trees are and how many mature trees will be cut down..  Mr. Madden identified the trees from a site plan.  Ms. Wilson stated mature trees provide shade and clean the air and remove water from run off.  She is against paving the parking lot.  The Commission needs to know how many trees will be removed and would like to see a planting plan for mitigation.  Mr. Madden stated there is existing pavement now and for a maintenance perspective, gravel would not be the best approach.  Geraldine Ramer, neighbor, questioned if the parking lot design had changed and Madden stated the only change would be landscaping.  John Cumbler moved to approve the NOI with conditions; seconded by John Portnoy; passed 5-0.   Supervisor:  Lauren McKean                   

.Barker and Cassano, 105 Barker St. and 65 Atlantic Ave., Map 36, Parcels 53.1 and 54, NOI, To plant trees and shrubs to replace cut trees. Gordon Peabody represented the applicant and stated there are several people involved in this project.  He stated there will be approximately 38 new plantings for the different properties and notification will be given to the Conservation office for any future work.  Barbara Brennessel moved to approve the NOI; seconded by John Cumbler; passed 5-0.  Supervisor:  Agent      

WP165 LLC, 165 Commercial St., Map 21, Parcel 118, NOI, create earthen berm (Cont’d)   Barbara Brennessel moved to continue the application indefinitely; seconded by Deborah Freeman; passed 5-0.

Zelman, 115 Atlantic Ave., Map 36, Parcels 31, 32, 33, and 36.5, RDA, view corridor pruning.  Charles Wentz represented the applicant, and gave an overview of the project, which includes 5 pines to be pruned to open up the view.  The applicant wants to remove the oak tree which is approximately 8 feet from the deck, and one oak and one pine located down the hill, as well as an additional pine on the right side of the property.  For mitigation, they are planning on planting nine shrubs.  (remove 3 trees and prune the 5 pines).  After discussion, only the one tree near the house will be removed.  3 shrubs will be planted for mitigation of the one tree coming down.  Lauren McKean identified the RDA as a Negative 3; seconded by Deborah Freeman; passed 5-0.

Crowell, 36 Wigwam St., Map 35, Parcel 139, RDA, remove 13 pine trees close to dwelling.  Chandler Crowell stated there are 13 large trees that are a threat to his dwelling.  It is a high wind area and the work would be done by hand.  Some Commissioners disagreed that all the pines marked for removal were a threat to the house.  The Commission feels this is a large project and an NOI filing would be appropriate. Barbara Brennessel identified this as a Positive 1 and advised a NOI filing; seconded by Deborah Freeman; passed 5-0. 

Koval, 15 Ring Rd., Map 41, Parcel 103, NOI, septic upgrade, replace patios, walkways and decks, renovation of dwelling.  Jason Ellis represented the applicant, stating the septic system will be located as far away from the wetlands as possible, the dwelling will be remodeled inside and out.  The decks, patio and walkways will be replaced in kind or made smaller.  The Commission would like to see a planting plan.  Lauren McKean moved to continue to 01/16/19; seconded by John Cumbler; passed 5-0.

Kondratowicz/Jaynes, 76 Ione Rd., Map 28, Parcel 66, RDA, 8’ x 10’ shed.  This had previously been approved, but Agent Greenberg-Lemos requested they resubmit regarding the flood zone. Originally the applicant submitted an old flood zone map. A new map was requested by the Commission and subsequently supplied. John Portnoy identified the project as Negative 2 and requested an as-built plan be provided to the Agent; seconded by Deborah Freeman; passed 5-0.  

Ferris:   1005 3rd Avenue, Map 40, Parcel 8, NOI.  Septic System upgrade within a Coastal Dune complex.  Jason Ellis represented the applicant and stated the applicant wants to install a new leach field.  There is a paper road where it will be located. Barbara Brennessel moved to approve the NOI; seconded by John Portnoy; passed 4-1.

Kaplan and Rose, 135 Old Truro Rd, Jason Ellis represented the applicant and stated the property was just purchased.  The existing horse paddock will be removed and a dwelling will be constructed.  The Japanese knotweed will be removed from the slope by a machine and removed by hand in the resource areas. The Commission determined that herbicide application should be by drip and not broadcast spraying.  Barbara Brennessel requested information regarding the amount of lot coverage and disturbance to the property as well as a detailed explanation of how the knotweed will be removed.  John Portnoy expressed concern with utilizing herbicides.  Lauren McKean moved to continue to 01/16/19; seconded by John Cumbler; passed 5-0. 

  Lauren McKean moved to adjourn at 6:55 pm; seconded by Deborah Freeman; passed 5-0.

Respectfully submitted,

Christine Bates, Committee Secretary