Aprpoved 06 01 16 mtg mins

Approved

Wellfleet Conservation Commission

Meeting Minutes

June 1, 2016

Town Hall Meeting Room

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

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

Hamblen Park discussion with Historical Commission. Lydia Vivante stated there is no money left in the fund for repairs at the park. Trudy Vermehren stated that Mary Rogers, secretary of CPC, informed Trudy that money was spent for the installation and removal of the well. Lydia requested that there be an accounting for the money spent. Lydia will contact Mary Rogers regarding the disbursement of the money. Lydia stated that a private individual might be willing to help fund future improvements. The fencing at the top of the hill has been damaged and requires repair and the removal of the top rail to improve the vista. Doug Guey-Lee will work with Americorps to effect these repairs.

Rafts / Piers on great ponds: John Portnoy has contacted Jim Mahala at DEP and Steve Hurley of Mass. Division of Fisheries and Wildlife to obtain the regulations on the construction of rafts and piers on great ponds; he has forwarded this information to the Commissioners. Mahala at DEP will produce a list of Chapter 91 permits for Duck, Dyer, Great, Gull, Herring, Higgins and Long Ponds, all "great ponds", per regulations dating back to the Colonial Ordinances of the 1640s, and therefore public property. In addition, Lauren McKean has asked her Americorp volunteer to inventory all piers and rafts on these ponds, and report to the Commission.

Mail / Discussion:

Letter from Massachusetts Division of Fisheries and Wildlife MNHESP regarding 325 Main St., Memorial Garden Park, stating that the proposed park will not adversely affect state-listed species. However, no paperwork has yet been filed with the Conservation Department for this project.

Ed Simpson shared a story in a newspaper regarding Japanese knotweed use in restaurants and by honey bees.

Jurisdictional Opinions:

Outer Cape Health — Eric Dias, engineer, stated the facility is trying to determine if a water-supply well can be sited on the property. They propose to install a test well within the buffer zone of a nearby wetland. He stated that access to the drill site will require removal of a small sapling and some tree limbs, The machinery will be a truckmounted rig which might leave some tire marks. Trudy Vermehren moved to approve the Jurisdictional Opinion; seconded by Ginie Page; passed 6-0.

Town of Wellfleet — Becky Rosenberg would like to put an 8 x 12 foot shed by the recreation building at Baker's Field to store various recreational equipment. It will be on sono tubes. John Portnoy moved to approve the Jurisdictional Opinion; seconded by Barbara Brennessel; passed 6-0.

Wellfleet Conservation Trust: Old Pier Road Bill lacuessa stated a memorial bench will be located at the wrack line. Ginie Page recused herself. Trudy Vermehren moved to approve the Jurisdictional Opinion; seconded by John Portnoy; passed 5-0.

325 Paine Hollow Rd., Ciggia, remove one tree which is leaning and prune some dead branches from other trees on the property. John Portnoy moved to approve the Jurisdictional Opinion; seconded by Ed Simpson; passed 6-0.

Harbor Theater , 15 Kendrick Ave — town owned land — septic maintenance on the ports, no significant changes within the parking lot. This is an after-the-fact filing. Trudy Vermehren moved to approve the Jurisdictional Opinion; seconded by Ed Simpson; passed 6-0.

Trudy Vermehren reviewed protocols for the public hearings.

Meeting Minutes

Meeting Minutes: May 4, 2016: Ed Simpson moved to approve the amended May 4, 2016 meeting minutes; seconded by Cary Rea ; passed 7-0.

May 18, 2016: Trudy Vermehren moved to approve the amended May 18, 2016 meeting minutes; seconded by Cary Rea; passed 7-0.

Lauren McKean reported on Monday June 13 that there will be a Pond Work Day and invited anyone to volunteer.

Trudy Vermehren stated she would not be at the June 15, 2016 meeting and Cary Rea will be the acting chair.

Public Hearings 5:00 pm:

Town of Wellfleet, Aquaculture, NOI (Cont'd). Lauren McKean recused herself. Natural Heritage sent a letter stating there is no prohibitive "take" and an eel grass survey was performed by DMF which showed no eel grass in the area. Revised plan(s) were submitted as well as an aerial view. Barbara Brennessel questioned the usage of aquaculture" and she feels it should be considered propagation. The commission will ask Agent Hillary Greenberg-Lemos if the language can be changed. There was some concern where Andy Koch had performed cultching in the past and the National Seashore had sent a letter regarding their concerns about apparent conflict with ongoing research. The engineer, Don Monroe, needs map coordinates to accurately locate the Seashore' s research sites, in order for the Town to avoid them during cultch deposition. Andy Koch stated the oysters will be spawning soon and he would like to have the work done before July 1. As an interim measure, Koch requested permission to deposit cultch at sites beyond the Herring River mouth and outside the Seashore's study area, but Agent GueyLee and the Commission preferred to review the cultching as a single project. Therefore, Trudy Vermehren moved to continue to June 15, 2016; seconded by Jolm Portnoy; passed 6-0.

Flattery, 479 Black Pond Rd., Map 4, Parcel 38, NOI, replace wood stairs with stone stairs (Cont'd). At the request of the applicant, Trudy Vermehren moved to continue To June 15, 2016; seconded by Ginie Page; passed 7-0.

TD Bank, 65 Old South Lane, Certificate of Compliance. Doug Guey-Lee stated the project is in compliance. Trudy Vermehren moved to approve the Certificate of Compliance; seconded by Ed Simpson; passed 7-0.

TD Bank, 150 Compass Hill Rd., Map 41, Parcel 64, Certificate of Compliance. Doug Guey-Lee stated the project is in compliance. There is a need for revegetation and it was recommended the silt fence remain in place until revegetation takes place John Portnoy moved to approve the Certificate of Compliance; seconded by Ed Simpson; passed 7-0.

Community Housing Resource, 250 Gull Pond Road, Map 8, Parcel 39, Certificate of Compliance. Trudy Vermehren recused herself. The project was built to plan, but the swale isn't working as predicted and rain is spilling over Gull Pond Road and into the wetland north of the road (Eel Creek sub-basin of Herring River). Also Japanese knotweed has become established on the property, evidently from fill brought to the site during driveway construction. The Commission reviewed the application and follow up information regarding the catch basins, and decided that the engineer for the project should suggest alternatives for remediation of the runoff problem at a future hearing. Barbara Brennessel moved to continue to June 15, 2016; seconded by John Portnoy; passed 6-0.

Dick / Esterbrooks, 240 Blue Heron Road, Request for 3 year extension. Trudy

Vermehren moved to approve the 3-year extension; seconded by Ginie Page; passed 7-0.

O'Connor, 90 Lecount Hollow Road, Map 30, Parcel 9, Certificate of Compliance. Gordon Peabody represented the applicant. Meeting minutes from 2012 and 2013 were read into the record. Mr. O'Connor stated the fire pit and composting area was already there when he bought the property. John Portnoy stated it appeared there was a path into the wetland and a ditch marked by pipes, which O'Connor stated was already there as well. Mr. O'Connor stated there is a symbolic fence which identifies the wetland and buffer area to be protected and not used. The Commission stated they are concerned with the activity around the fire pit, the seating areas, and compost bin, although it was not conditioned. Ed Simpson moved to approve the Certificate of Compliance; seconded by John Portnoy; passed 6-1 .

Collis / Cornell, 720 Ocean View Drive, Map 17, Parcel l , RDA, install 10' x 12' shed.

Lauren recused herself. Ezra Ambrose, represented the applicant. He stated since the house was moved, the applicant has less storage area. There was discussion regarding the owner's responsibility to remove any debris and file paperwork with the Conservation Commission prior to the point when structures are in peril from bank erosion. Cary Rea moved to identify the RDA as a Negative 3; seconded by Trudy Vermehren; passed 6-0.

Lt. Island Services Improvement Association, Meadow Ave W to SW end, Map 40, various parcels, Amended Order of Conditions, road repair. Rich Bruggerman and Brad Malo, engineer, gave an overview showing an assessor's map and what has previously been permitted, and what area they would like to continue doing maintenance on. The pot holes need to be machine graded in order for vehicles to pass. In the original Order of Conditions, road work was allowed within a specific summer period when it was believed that diamondback terrapins were not crossing the road. He requested that the site plan from 2009 and the May 2016 plan be incorporated in the file (Section I and Section 2). An e-mail from Bob Prescott was read into the record. MNHESP and some turtle experts agree with the timeframe allotted for work. There is a turtle protection plan allowing work from July 20 to August 20 which has approval to 2019. Bruggerman stated Prescott had concerns with the expanded timeframe, not the area to be maintained. There was discussion regarding the vehicle movement and how the cars try to miss the pot holes and go into the marsh area. No conditions will be changed from the original Order of Conditions; the only change is the addition of the distal end of the road. Barbara Brennessel, who has studied terrapins in this area, noted that she had in fact observed terrapin activity on the road during the July and August timeframe. Bruggerman stated there were several meetings in 2009 with Don Lewis of Massachusetts Audubon where Lewis approved of the road work during a specified summer period. terrapins;

Bruggerman gave a history of how poorly the road was maintained prior to 2009 and how the neighbors want to protect the turtles and make the road passable. Ed Simpson moved to approve the AOOC; seconded by Cary Rea; passed 6-1 with the condition that materials be similar to the previous materials used,

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

Respectfully submitted,

Christine Bates, Committee Secretary