Cons Comm 10/21/15 Mtg Mins
APPROVED
Minutes of Conservation Commission
October 21, 2015
Town Hall Meeting Room
Attendees: Trudy Vermehren, Cary Rea, John Portnoy. Ed Simpson, and Lauren McKean
Regrets: Barbara Brennessel and Ginie Page
Bob Prescott, MA Audubon, discussion on roads. Mr. Prescott stated there was roadwork during the diamondback terrapin nesting season at Indian Neck but no Commission-imposed conditions on when the work can be performed. There are time-of-year restrictions at Lt. Island. He stated Old Wharf Road has no turtles but has an order of conditions with time-of-year restrictions. . Mr. Prescott would like to see the same regulations/conditions for all areas where the terrapin nest. He stated the DPW has been calling Agent Greenberg-Lemos regarding when road work could be done. All of the roads where terrapins nest would be considered by the Massachusetts Natural Heritage Program as critical habitat to be protected by time-of-year restrictions on road work; both those maintaining private roads and the town DPW need to be aware of this. . For this purpose, Ed Simpson recommended that these nesting areas be mapped. He also requested that the Commission review the Order of Conditions for Lt. Island and Old Wharf annual road maintenance. Prescott stated he would produce a map of nesting areas and propose time-of-year restrictions to avoid disturbing terrapin nesting.
While still in attendance, Bob Prescott was asked to summarize the results of a study by the USGS and University of Massachusetts of terrapin hibernation sites in Wellfleet Harbor, relative to proposed dredging. The report is nearly finalized but still in draft. Portnoy requested that Agent Greenberg-Lemos write to the Department of Conservation and Recreation, who commissioned the study, with a copy to MNHESP, urging completion of the report so that it can be cited as a reference for future Commission decisions.
Conservation Regulations discussion – to be addressed at the 11/04/15 meeting.
Mail / Discussion
- Letter from Historical Committee – abutter notice of public hearing, Oct 26, 5:15 pm regarding demolition of 3 structures, 350 Pamet Point Road.
- Wetland Protection Violation – 75 Omaha Road regarding boulders in the road
- Enforcement Order: 464 St. Highway, unauthorized tree cutting and pruning, required plan – Trudy Vermehren recommended making a site visit in November
Jurisdictional Opinions - none
Meeting Minutes September 16, 2015: John Portnoy moved to approve amended minutes; seconded by Cary Rea; passed 4-0.
Public Hearings 5:00 pm:
Town of Wellfleet, Rte 6 and Main St., ANRAD, Confirm wetland resource area boundaries proximate to the intersection of Rte 6 and Main in Wellfleet for intersection redesign project. Brian Madden, of LEC Environmental, represented the town and identified the various resource areas along Route 6 and Main Street. Vermehren and Portnoy reported that the report failed to map extensive salt marsh vegetation on the banks of Hawes Pond, observed during the Commission site visit today. Anthony Buttignol, a resident in the area, identified various estuarine species in the pond, including American eels (Anguila rostrata). John Portnoy stated that the effect of the culvert and clapper valve on upstream tide heights and salinities should be added to the ANRAD, because these conditions affect the current distribution of wetland plants and animals including a fish run (eels). Trudy Vermehren requested information on the salinity and plants of Hawe’s Pond. Trudy Vermehren moved to approve the ANRAD and requested edits be made accordingly to the ANRAD: specifically in Section 2 (Page 2 of 7) and Section 3.3 (Page 5 of 7). seconded by Ed Simpson; passed 5-0.
Town of Wellfleet, Kendrick Avenue, Maps 21 and 20, Parcels 114 and 31: NOI, Annual dredging to remove approx. 300 cubic yards of material along L-Pier at the Town Pier Harbor. Mike Flanagan, Harbor Master, stated the sand will be used to renourish Keller’s Corner and revetments to the west. He stated dredging has not been done for several years. Trudy Vermehren stated Barbara Brennessel wrote an e-mail and expressed concerns with hibernating turtles in the L-pier area; however, the Commission received a notice from Natural Heritage that there would be no take. Flanagan stated the work could be done before the end of December, or in spring from May to June. He stated he would like to plant the beach grass at Keller’s Corner soon after the sand is deposited there; Vermehren and McKean stated that it would be best to plant the grass during winter to maximize survival. Ed Simpson moved to approve the NOI; seconded by John Portnoy; passed 5-0.
Kempe, 80 E. Street, Map 40, Parcel 29, NOI, septic upgrade. David Lajoie represented the applicant and gave an overview of the project and the resources. The Commission questioned what trees were going to be removed, as they were not marked. Trudy Vermehren requested the plants be identified by their accepted Latin names because common names can vary. Ed Simpson moved to approve the NOI with the condition that trees to be cut are identified; seconded by Cary Rea; passed 5-0. Supervisor: Ed Simpson
Barry, 3199 Rte 6, Map 8, Parcel 259, NOI, new foundation under cottage. David Lajoie and Ambrose Homes represented the applicant. Lajoie stated that the foundation would allow water to flow in the event of a flood in compliance with FEMA; he identified the resources and stated there will be no change in the building; the building will be elevated to allow for some storage underneath and meet FEMA regulations; access to the foundation will be via a small walk-in; there will be no utilities within the new foundation; and the deck will be supported by sono-tubes. Trudy Vermehren stated that trees and shrubs were recently cut at the edge of the wetland and the debris stacked in the wetland. The applicants agreed to remove the debris. Trudy Vermehren moved to approve the NOI with conditions; seconded by Ed Simpson; passed 5-0. Supervisor: Trudy Vermehren
Bromberg, 195 Samoset Ave., Map 28, Parcel 97, NOI, remove and rebuild dwelling (Cont’d). John O’Reilly and Attorney Ben Zehnder represented the applicant. A letter from the Coady’s dated October 9, 2015 was read into the record. Trudy Vermehren stated she was not going to read the Coady’s September 30, 2015 letter and stated it was available to the public and the Commissioners at the Conservation agent’s office. Attorney Zehnder stated that Mr. Coady is misinterpreting the FEMA designation of the flood zone. The applicants acknowledged that they have to have flood insurance. Zehnder contended that the regulations allow excavation for installation of sono-tubes for structural support in the flood zone. FEMA declined to change the demarcation of the velocity zone. Trudy Vermehren stated another site visit was made and the run-off on the road is not from the Bromberg’s property. John O’Reilly stated the original shower was not connected to the septic. He described the changes to the lower and upper decking, reducing the size. The shower area is identified and it will be connected to the septic if required by the Board of Health. Vegetation mitigation will remain the same. The house has been lowered, the 3rd floor decking has been eliminated, the habitable space in the basement has been removed. There will be stepping stones from the west to the shower with the door opening toward the water side. The whole structure will be outside of the velocity zone. Lauren McKean moved to approve the NOI; seconded by John Portnoy; passed 5-0. Supervisor: Cary Rea
Cary Rea moved to adjourn at 6:30 pm; seconded by Ed Simpson; passed 5-0.
Respectfully submitted,
Christine A. Bates, Committee Secretary