Conservation Commission Meeting Minutes
Approved
June 18, 2014
Conservation Commission Meeting Minutes
Town Hall
Attendees: Terry Gips, Cary Rea, John Portnoy, Ginie Page, and Ed Simpson
Regrets: Lauren McKean and Trudy Vermehren
4:00 - Business Meeting & Conservation Agent's Report
Cary Rea moved to approve the amended May 21, 2014 meeting minutes; seconded by John Portnoy; passed 5-0.
Cary Rea moved to approve the amended June 4, 2014 meeting minutes; seconded by Ed SImpson; passed 4-0.
40 Kendrick Ave, Giovangelo: seeding and vegetation violation: The son (Name?) represented his family and stated the rear of the property was reseeded and vegetation has grown back. He stated they were trying to clean up the property and no shrubs or trees were removed other than debris from a storm. He stated no top soil was brought into the property. He stated he was not aware of any removal or clear cutting of trees. Portnoy suggested that existing aerial photography be used to determine whether the recently cleared area was previously vegetated with wetland-border trees and shrubs within the resource area or 100-ft buffer zone. Agent Greenberg-Lemos stated no action will be taken at this point in time.
Wesley Swamp: Immediate abutters of Wesley Swamp came to the business meeting to discuss the ongoing pumping of water from the wetland and improvements to make it a healthier environment. A 2013 report authored by John Portnoy was mailed to the abutters. John Portnoy stated hydrologists have been consulted about the probable effects of the pumping on swamp and adjacent groundwater levels; their opinion is that the pumping likely is draining the swamp, with no effect on the surrounding groundwater aquifer; therefore, cessation of pumping would not cause adjacent upland properties or septic systems to flood, provided they are not at wetland elevations. Joe Wanco stated this was a man made environment and natural drainage was dammed up. He expressed concern with mosquitoes in the area if the water is allowed to rise, as well as affecting the septic systems and Preservation Hall. Bruce Bierhans stated Preservation Hall has a ten year management agreement with the Town and is not aware of any activities at that site affecting the area. He is not aware of any scientific evidence that raising the water will change the environment (Did he say this?) and stated the hall’s concerns are if changes are made to the area, their ability to raise revenue could be impacted. John Portnoy stated the commission would like the abutters to be aware of the history and environmental issues. There was discussion regarding the pumping of water from the swamp by the DPW, how often it occurs, the fluctuations of the water level, and the history of the swamp. Approval by the Conservation Commission in the 1980s (Hillary has the citation/date.) was granted to the Town for the use of the pump. Portnoy stated that there are scientific ways to determine whether the wetland is natural, specifically by measuring the depth of peat. He further stated that the effect of the pumping on the wetland water level, and groundwater aquifer, could be assessed by installing wells and following changes in water levels with and without pumping. Concerns regarding mosquitoes were expressed and John Portnoy stated there are 17 species of mosquitoes and the vast majority come from coastal areas and not fresh water. Charles Amsler stated DEP made a site visit and determined the pump house was illegal, was not grandfathered and no abutters were to add any fill to the area. Attorney Bierhans stated to his knowledge there has been no fertilizer applied to the property at Preservation Hall. There was discussion regarding cleaning up the area. Agent Hillary Greenberg-Lemos stated it is a certified vernal pool. Terry Gips stated we would need permission to perform the tests on private property. Terry Gips recommended making a list of the concerns and inviting the abutters to a future meeting. Agent Hillary Greenberg-Lemos stated the intention of this discussion is how to improve the resources and habitat of the wetland.
Fertilizer: to be discussed at a future meeting.
MAIL: invitation to Americorps graduation on July 31, 2014.
Spindler, 120 Sandpiper Hill Rd., Jurisdictional Opinion, replace treads on stairway: Terry Gips moved to approve Jurisdictional Opinion; seconded by Ginie Page; passed 5-0.
McAullife, 40 Way 35, Jurisdictional Opinion, remove locust tree: John Portnoy moved to approve the Jurisdictional Opinion; seconded by Ed Simpson; passed 5-0.
Public Hearings 5:00 pm:
Rosenbaum, 321 Main St., Certificate of Compliance: David Lajoie stated it is an old filing from 1990 and needs to be closed out. Lajoie stated there is an addition on the back, a septic system and a shed. Ed Simpson moved to approve the Certificate of Compliance; seconded by Cary Rea; passed 5-0.l
Bruce/Sterns, 105 5th Ave, Map 40, Parcel 52, NOI, construction/renovation within 100’ buffer zone (cont’d from 06/04/14). At the request of the applicant, Terry Gips moved to continue to July 16, 2014; seconded by Ed Simpson; passed 5-0.
Cape Cod Modern Housing, 54 Valley rd., Map 4, AOOC, install generator and buried propane tank. Due to the lack of representation, Terry Gips moved to continue to July 16, 2014; seconded by Ed Simpson; passed 5-0.
Penfield, 114 4th St., Map 40, Parcel 108, AOOC, bury propane tank. Bob Stello, contractor, stated the house is in the need of a new furnace. He has received approval from the Building Inspector and the Fire Dept. The property is within 100’ of the coastal bank. The propane tank will be 10’ long and 37” in diameter. Ed Simpson moved to approve the AOOC; seconded by John Portnoy; passed 5-0.
Donald, 0 Bayview, Map 35, Parcel 39, NOI, extend existing timber bulkhead (Cont’d from 05/21/14). David Lajoie stated Natural Heritage is concerned about other alternatives and Lajoie stated they provided the information to them and are awaiting a response. Terry Gips moved to continue to August 6, 2014; seconded by John Portnoy; (Ginie recused) passed 4-0.
Stewart & Beaty, 66 Way #55, Map 19, Parcel 65, NOI, septic upgrade and create view corridor. Jason Ellis represented the applicant and stated applicant would like to flush cut 12 trees down for a partial view. John Portnoy recommended leaving the cut trees on the property rather than risking erosion by dragging them up the bank. Cary Rea moved to approve the NOI; seconded by John Portnoy; passed 5-0. Ginie Page - supervisor
Cancilla/Dore, 96 Wigwam, Map 35, Parcel 154, NOI, addition to dwelling. David Lajoie represented the applicant and provided an overview of the project. He stated the addition will be a sunroom located on the eastern side of the dwelling. It will be on 8 sono tubes with no foundation. He explained the access as well as proposed plantings. There will also be a deck of 96 sq. feet. The plans provided to the commission did not identify the decking. Terry Gips moved to continue to July 16, 2014; seconded by Ginie Paige; passed 5-0.
Town of Wellfleet, Wright, Henrickson, Patterson estate, Wales and Comly, 0 Blackfish Creek, Map 35, Parcel 210, NOI, replacement and maintenance of marine bulkhead. Robert Perry represented the applicants and gave some history of the erosion issues and bulkhead. He stated he had a discussion with DEP who felt replacing the bulkhead was the best solution. He stated some maintenance is required. The filing of the NOI is filed as a single project and is for maintaining and replacing the bulkhead. There will be no encroachment seaward. It is proposed the stairways remain, and revegetation will be performed. The east-end of the bulkhead has erosion and fiber rolls will be utilized. Perry stated it is recommended there be 90 cubic yards of sand placed in the scoured area at the east end of the bulkhead in order to replace the areas of erosion and feels it should be monitored in future years. Agent Greenberg-Lemos questioned the lack of sand on the fiber rolls and Perry stated it could create additional issues. The location of the fiber rolls will be located away from the bank. Stakes will be located 2 to 3 feet apart and cables will be used to anchor the rolls. Fiber rolls will need to be replaced every 5 to 6 years. He stated sand bags, which is also a soft solution, would last longer than fiber rolls. Agent Greenberg-Lemos stated this is terrapin habitat. Perry stated there is scour at the present time and the fiber rolls will be placed up to the salt marsh area. Terry Gips questioned if the fiber rolls could follow into a curve and Perry responded that it would take the work seaward. Perry stated the best access is directly over the bulkhead, recommended using a small machine using mats which will not affect the salt marsh. Further discussion took place regarding access, including the installation of cradles on the coastal bank (or just above) on a stable area which would remain on a permanent basis for a chute for yearly renourishment, the use of a crane which would require some tree pruning or the use of a barge to deliver the materials. Perry stated the fiber rolls will be placed in a high area and only storm tides will affect them, which should reduce the amount of scouring. Perry estimates ½ foot erosion per year in Cape Cod Bay. He stated current maintenance could be to replace the sheeting on the bulkhead as a short term fix. He prefers to use marine treated pilings for the bulkhead. The commission requested plans identifying the delivery of sand and materials, the placement of the coir logs on the east end of the bulkhead, and the number of anchors. Mrs. Wales stated terrapins cannot nest on the steep slope. Perry stated the Order of Conditions would include permission to do any necessary repair/maintenance to the bulkhead prior to the full replacement. The easement request will have to go before Town meeting. Terry Gips moved to continue to 07/16/14; seconded by John Portnoy; passed 5-0.
John Portnoy moved to adjourn at 6:45 pm; seconded by Cary Rea; passed 5-0.
Respectfully submitted,
Christine Bates, Committee Secretary