CC Meeting Mins
Approved
Wellfleet Conservation Commission
Meeting Minutes
November 19, 2014
Town Hall Meeting Room
Attendees: Trudy Vermehren, Barbara Brennessel, Ed Simpson, Cary Rea, John Portnoy, Ginie Page, and Lauren McKean, Agent Hillary Greenberg-Lemos and Christine Bates, Committee Secretary
4:00 - Business Meeting & Conservation Agent's Report
Conservation Restrictions – 51 Wireless Road
Denny O’Connell of the Conservation Trust stated the property is a portion of Bill and Lonnie Carlson’s lot, which is within the boundaries of the National Seashore. With this restriction, no building can take place on the property and the Carlson’s will get a tax credit. Denny O’Connell also requested the Commission recommend this to the Board of Selectmen. Ginie Page moved to sign the Municipal Certification; seconded by Cary Rea; passed 7-0. Trudy Vermehren moved to make a recommendation to the Board of Selectmen; seconded by Ed Simpson; passed
7-0.
Pilgrim Spring Parking: Denny O’Connell stated they would like to change the parking area and move it closer to the Geiger property. There was vandalism at the parking lot last year and by moving it, it may discourage people going into the area. He will request the Fire Chief make a site visit to determine how physically to close the access road off.
Denny O’Connell stated he was contacted by a neighbor regarding tree cutting off Fox Island Road. Agent Greenberg-Lemos made a site visit and stated the cutting was within the road layout but also within Commission jurisdiction. Hillary advised the new fire chief to check with her office if there are questions regarding vegetation removal near wetlands in the future.
Kayaks at Old Wharf Point: Denny O’Connell reported there was no enforcement for kayak registration/permits on Conservation Trust land at Old Wharf Point. People who had purchased permits were upset that there were several kayaks utilizing the racks without stickers. He stated any vessels still on the beach after November 1 are picked up by the Harbor Master. John Portnoy moved to remove the Old Wharf Point kayak/canoe racks from the town permit fee and enforcement roster; seconded by Ed Simpson; passed 5-0. Ginie Page recused herself and Lauren McKean abstained.
Nancy Rea, Chair of the Open Space Committee, stated the Open Space Committee and the Conservation Trust have put in a request to CPA/CPC to purchase property at Drummer Cove (Map 29 Lot 382, Zelinsky is current owner). This property is within the ACEC and within the rare species habitat. She stated the price has come down over the years. They will be applying for a state land grant to cover 50% of the appraised value. The Conservation Trust has agreed to give $50,000 towards the purchase. She requested the commission support the project. Lauren McKean moved to support the project; seconded by Barbara Brennessel; passed 7-0.
Meeting Minutes
John Portnoy moved to approve the amended 10/15/14 meeting minutes; seconded by Trudy Vermehren; passed 7-0.
Trudy Vermehren moved to approve the amended 11/05/14 meeting minutes; seconded by Cary Rea; passed 7-0.
Mail:
A letter from Barbara Wright to Town Administrator, Harry Terkanian wanting to purchase town property from the top of the bank down to the 1987 bulkhead and steps at Pleasant Point (0 Blackfish Creek). The 4 property owners sent a letter to the Board of Selectmen regarding the town property and stated they have been paying taxes on property that is actually now owned by the town, i.e. seaward of the top of the bank. The letter went into detail regarding the bank. If the abutters were to purchase the property, none of the conditions and restrictions would change from the Order of Conditions issued regarding the bulkhead. Agent Greenberg-Lemos stated the commission can add an additional restriction that no additional stairs or platforms be added. Ginie Page asked if the sale would be an open bid because it is town property. Agent Greenberg-Lemos will inform Harry Terkanian that the commission will request a restriction be added stating there would be no additional stairs or structures; however, existing structures may be repaired.
Letter from Board of Selectmen, (Oct 28, 2014) selling Town of Wellfleet property,
Map 14, Parcel 04 with conservation easement. This is part of Squires Pond. John Portnoy moved not to recommend the sale of the property; passed 7-0. The commission felt it was better to maintain town stewardship of this wetland. If it were sold, the commission requested that a restriction be placed on it.
Jurisdictional Opinion:
Mac’s Seafood, Commercial St., would like to replace a portion of the leach field with new stone in the exact location. Trudy Vermehren moved to approve the Jurisdictional Opinion; seconded by John Portnoy; passed 7-0.
Marshview – The owner already removed 3 big trees and 1 small tree. He contacted the Fire Chief for approval to remove the trees because he was concerned with fire hazards. Trudy Vermehren stated there is abundant vegetation at the site and Agent Greenberg-Lemos will suggest some replanting. A letter will be sent to the Fire Chief regarding the Commission’s interest in conservation. Ginie Page moved to approve the Jurisdictional Opinion (after the fact); seconded John Portnoy; passed 7-0.
Public Hearings 5:00 pm:
Papetsas, 460 Chequessett Neck Rd., Map 12, Parcel 72, Certificate of Compliance. Ginie Page stated the project is in compliance. John Portnoy moved to approve the Certificate of Compliance; seconded by Ed Simpson; passed 7-0.
Penfield, 114 4th St., Map 40, Parcel 108, Certificate of Compliance. Ed Simpson stated the project is in compliance. John Portnoy moved to approve the Certificate of Compliance; seconded by Ed Simpson; passed 7-0.
Frazier, 320 Cove Rd., Map 28, Parcel 18.1, RDA, remove and prune trees. Chet Lay represented the applicant and gave an overview of the property. This is a coastal bank by statue and not close to the wetlands. The owner of the property (abutter) has granted approval to the Frazier’s to prune the tops of the trees at a 6’ height. The commission requested delineation of the area to be pruned which Chet Lay will provide. Trudy Vermehren identified this as a Negative 2 with the condition Chet Lay provide a revised plan and that pruning not be less then 8 feet; seconded by Ed Simpson; passed 7-0.
Donald, 0 Bayview, Map 35, Parcel 39, NOI, extend existing timber bulkhead (Cont’d from 10/01/14). At the request of the applicant, Trudy Vermehren moved to continue to December 17, 2014; seconded by Ginie Page; passed 7-0.
Belvernon, LLC and Duck Creek Creative Ctr., 91 and 95 Commercial St., Map 21, Parcels 128 and 129, AOOC, revised plans for construction of cooler. Tim Brady and Alex Hay gave an overview of the project. The Order of Conditions was issued several years ago for the septic system and the cooler was a part of the original conditions. Brady stated the current stairway and deck are not safe and they are looking to have access to the second floor door and improve the access to the first floor. The cooler would be moved to the south of the property. The gas tank will be replaced and located 10 feet from the cooler. Alex Hay stated the deck was already approved and is actually a walkway to the cooler location. The gas tank will require a tie down to a concrete slab in the event of a flood. Irmgard Boriskin stated the removal of the concrete is an improvement. Lauren McKean moved to approve the AOOC; seconded by Ginie Page; passed 7-0. Cary Rea supervisor.
Friend, 675 Gull Pond Rd., Map 9, Parcel 627, NOI, addition to dwelling and exterior stairway. Lauren McKean recused herself. John Schnaible represented the applicant and Cape Associates who are the project engineers. There is a single family home/cottage on the property and Schnaible gave an overview of it and the septic and well. The owners want to renovate the existing structure, reducing bedrooms from three to two, and construct a one -bedroom guest house (18’ x 14’) which will consist of a bedroom and bathroom. The new structure will be within the 100 ft buffer zone. There will be some changes to the existing dwelling on the exterior which is all within the 50’ buffer zone. Septic and water will be connected to the guest house which will be on piers. Agent Greenberg-Lemos stated there were structures on the property which were not permitted (rock walls, upper deck platform and pruning). Ed Simpson stated there is plumbing for an outside shower sited right over the well and the pond.. Agent Greenberg-Lemos stated the numbers on the plan do not match and requested they be corrected on a new site plan. Schnaible will have discussions with Cape Associates and a filing with the ZBA will be required. Portnoy expressed concern that this is a sensitive location and the ground water flow is towards the north, i.e. directly toward Gull Pond. The commission expressed concern with the intensity of use, the small size of the parcel, additional habitable space, vegetation and wildlife. John Schnaible requested a continuation to December 17, 2014. Trudy Vermehren moved to continue to 12/17/14; seconded by John Portnoy; passed 6-0.
John Portnoy moved to adjourn at 6:15 pm; seconded by Trudy Vermehren; passed 6-0.
Respectfully submitted,
Christine A. Bates, Committee Secretary