Cons Comm 12/02/15 Mtg Mins

Meeting date: 
Wednesday, December 2, 2015

Approved

Minutes of Conservation Commission

December 2, 2015

Town Hall Meeting Room

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

Regrets:  Trudy Vermehren

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

Acting Chair Ed Simpson opened the meeting at 4:00 pm.

Mail / Discussion

  • Vista Pruning guidelines (forward on e-mail to all members)
  • E-mail to Agent Hillary Greenberg-Lemos from Mike Talbott regarding the bulkhead removal and revegetation at Gull Pond.  A group plans to file an NOI for a January meeting
  • Memo to Board of Selectmen from Conservation Commission regarding EverSource herbicide applications.  The letter requested  information regarding quantity of herbicide, flagging and signage of wells. The letter also commended Eversource for allowing shrubs to grow along the power lines for wildlife habitat.
  • Letter from Field Point property owners (J. Palmer) regarding stickers on vessels.  Association members approved racks being placed in their area, and offered to pay for materials.  They requested 4 racks in total.  Barbara Brennessel volunteered to supervise the project.
  •  Letter from LEC including map regarding Main Street and Route 6 identifying wetland resources (Abbreviated Notice of Resource Area Delineation).  John Portnoy stated that a culvert under Main St. and a ditch currently provides tidal exchange between Cape Cod Bay (Duck Creek) and Hawes Pond; this waterway is also essential for a fish run (American eels).  There is a one-way flap valve on the seaward end of the culvert, but the valve and culvert have been leaking for many years – to the benefit of salt marsh plants and animals upstream in Hawes Pond, and with no apparent detriment to abutting properties.  Portnoy therefore recommended that the town continue to allow tidal exchange by eliminating the flap valve as part of the Route 6 – Main St. project. Agent Greenberg-Lemos will notify LEC.  
  • Environmental Assessment for shorebird management plan from National Seashore.  John Portnoy reviewed the package and gave a summary of the proposals from the National Seashore.  1)  fencing, manage vehicles, monitor predators.
  1. Trapping, shooting and poisoning predators.
  2. Ban on kite boarding plus (same as #2) with some beach closures
  3. 27 miles of beach closed from 15 March to 15 October.
  4. Predator patrol – 1st 2 years no more than 50 animals (trap and shoot during nesting season).  Poison – DRC 1339 slow acting poison.  (48 to 72 hours)
  5. Barbara Brennessel stated there are conflicting signs for dogs (no dogs allowed, leashed dogs only, etc.) within the National Seashore.
  6.  

Barbara also mentioned that there is a concern with trash on the beach.

After extensive discussion it became clear that some commissioners had serious concerns about various aspects of the plan, including pet management, predator control and continued off-road vehicle use; however, none of these concerns directly related to the protection of wetland resources within the Town of Wellfleet.  Therefore, Commission members will comment to the National Seashore as individuals.  

  1.  It was recommended individual comments be sent to the Board of Selectmen.

DPW will be filing an NOI for town paving in the future. 

Jurisdictional Opinions:  none

Meeting Minutes – to be addressed at next meeting                                    

                         

                                     

Public Hearings 5:00 pm:

Shaefer / Fay, 520 Black Pond, Map 4, Parcel 39, Certificate of Compliance (Cont’d)

Chet Lay represented the applicant and stated dry wells were installed for the shower.  The commission requested gutters be installed.  John Portnoy moved to continue to 12/16/15; seconded by Cary Rea; passed 5-0.

Thompson, 90 E. St (Lt. Isl), Map 40, Parcel 30, NOI, septic upgrade.  David Lajoie represented the applicant and gave an overview of the project and the resources on the property.  He stated mitigation will include plantings and a new leach pit will be installed.   Cary Rea moved to approve the NOI; seconded by Barbara Brennessel; passed 6-0.

Provisor, 375 Cove Rd., Map 28, Parcel 33, Lot A-35 Land Court 17424-J, NOI, removal of trees, replanting, install split rail fence.  Kevin Provisor stated they were unaware that  the tree removal by the previous owners was illegal.  He stated he would like permission to remove two more pine trees which have no limbs on the lower portion and to shorten the stumps left behind from the cut trees.  The commission did not object to the stumps being cut lower but recommended leaving the two pine trees.  The commission felt some of the proposed plantings were good, but suggested emphasis on native drought-tolerant species.  The Commission had no problem with proposed split rail fencing along the paved road.  Mr. Provisor did not know the size of the new plantings.  The commission requested a detailed plan, including 2:1 replacement of shrubs for cut trees of 12 inches diameter or less, and 3:1 replacement when larger trees were removed. John Portnoy moved to continue indefinitely until Mr. Provisor can obtain professional guidance and a revegetation plan; seconded by Ginie Page; passed 6-0.     

Jacobs, 60 Old Salt Lane, Map 41, Parcel 56, NOI, septic upgrade.  John O’Reilly represented the applicant and stated the property will be on sale and requires an upgrade for Title 5.  The existing cesspool will be crushed and removed.  Cary Rea moved to approve the NOI; seconded by John Portnoy; passed 5-0 (6-0?).

Cornell / Collis, 720 Ocean View Dr., Map 17, Parcel 1, NOI, Relocate single family dwelling, remove concrete foundation, construct pile foundation for relocated dwelling

Lauren McKean recused herself.  Ezra Ambrose and Tim Brady represented the applicant and stated the house is on the edge of the bank.  The building will be relocated west about 10 feet and set on 40-50-ft deep pilings.  The existing well and septic will remain.  The current foundation and all concrete pads will be removed and replanted with beach grass.    Agent Greenberg-Lemos requested a revised plan identifying the 50 foot and 100 foot buffer zone.  There is some debris on the bank, timbers and cables, which the commission requested be removed before they fall onto the beach.  Ed Simpson moved to approve the NOI; seconded by Ginie Page; passed 4-1.  Supervisor:  Ed Simpson   

MacLeod, 46 Springbook Rd., Map 47, Parcel 25, NOI, remove porch and construct addition on full foundation.  A representative from Ryder and Wilcox, and Ms. MacLeod came to the table and gave an overview of the project.  The cottage is not habitable due to septic issues and no access to the water lines.  The new foundation and basement will give plumbers access to the water lines.  There is some debris on the property which needs to be removed, specifically organic debris and old masonry dumped over the bank at the edge of the wetland.  7 trees will be removed within the buffer zone and the commission would like 2:1 replacement of shrubs for cut trees of 12 inches diameter or less, and 3:1 replacement when larger trees were removed.  A revegetation plan is requested.  DEP had not provided a file number.  Ginie Page moved to continue to December 16, 2015; seconded by Barbara Brennessel; passed 6-0.      

Soloway / Gray, 48 Sandpiper Hill Rd., Map 22, Parcel 7, NOI, rebuild deck and stairs, install gas fire feature, rebuild walkway and patio, extend retaining wall, and plant shrubs

Chet Lay represented the applicant and gave an overview of the project.  He stated two site plans were submitted, one with a landscaping plan.  He identified the work to take place within the 50’ buffer zone and work to be done within the 100’ buffer zone.  3,237 sq. ft of disturbed area total.  The commissioners reviewed an overlay of the landscaping plan and recommended reduced landscape paving and beach nourishment as mitigation.  Chet Lay will provide the nourishment yearly rate plan.  The commission requested additional mitigation with pervious products for walkways, etc.  Chet Lay requested a continuation.  John Portnoy moved to continue to 12/16/15; seconded by Cary Rea; passed 6-0.   

John Portnoy moved to adjourn at 6:30 pm; seconded by Cary Rea; passed 6-0.

Respectfully submitted,

Christine A. Bates, Committee Secretary