Conservation Commission Meeting Minutes
Approved
Conservation Commission
July 16, 2014
Town Hall Hearing Room
Attendees: Trudy Vermehren, John Portnoy, Ginie Page and Ed Simpson
Regrets: Lauren McKean and Cary Rea
4:00 - Business Meeting & Conservation Agent's Report
Chair Trudy Vermehren opened the business meeting at 4:10 pm.
Mail:
Correspondence from Cape Cod Commission – amendment to Schedule of Fees
Letters from Agent Hillary Greenberg-Lemos
Hiawatha Condominiums – violation regarding selective pruning and cutting which altered the land in the resource area.
Linda White Shea – permit required for kayak rack
Jane Sharp - clearing of land and installation of bee hives
Spencer and Langer – clearing of land and installation of bee hives
Letter from N-Star: Spraying of herbicides will take place between Sept. 15 and October 31 of this year.
Agent Greenberg-Lemos provided a copy of the signs being printed for Hamblen Park.
Trudy Vermehren would like to ask Cary Rea if he would represent the Commission at the CPC meetings.
View Corridors / Tree topping: to be discussed in the future.
Fertilizer: Cape Cod Commission model dated 10/21/13 – John Portnoy stated CCC will be in charge of the fertilizer program. If the town wants some revisions, or does not agree with their model, the town would fall back on the State’s model. The UMass Extension Service is responsible for training and certification of professional landscapers and the town would be responsible for enforcement for home owners. This will be discussed at the August 20, 2014 meeting.
John Portnoy stated that recent clearing at the Giovangelo property at 40 Kendrick Ave. appears to have encroached on the buffer zone including bordering vegetated wetlands, based on recent (March 2012) aerial photography. Mr. Giovangelo’s son appeared at the 06/18/14 meeting stating they had not cut any trees or used any fill.
John Portnoy stated he feels action should take place at Wesley Swamp with regards to the water being pumped from the swamp. Agent Greenberg-Lemos will talk to the DPW and get back to John.
Nick Robinson – Climate Change and Sea Level Rise. Professor Robinson will attend the 08/06/14 meeting to talk with the Commission about adaptation to climate change.
Farmer’s Market – The Commission will make recommendations to the Farmer’s Market to periodically shift the tables a couple of feet so that foot traffic will not destroy the turf within the buffer zone around Wesley Swamp.
Agent Greenbeg-Lemos reported Todd LaBart came to her office requesting permission to build a memorial garden behind Preservation Hall where the ivy is growing. The Commission felt the Selectmen needed to hear the request first.
Agent Greenberg-Lemos and Andy Koch met with Lauren McKean and Jason Taylor of the Seashore regarding cultching and how it affects the harbor and the National Seashore submerged lands. The town needs to apply for a permit under Chapter 91 and NOI, identifying all the locations cultch is being placed. Agent Greenberg-Lemos stated that permitting will require an environmental assessment and there will be costs involved. Ed Simpson recommended talking to SPAT and possible grant opportunities.
Jurisdictional Opinions:
Kebish Stone – by Long Pond, 2 trees need to be removed with no ground disturbance. John Portnoy moved to approve the Jurisdictional Opinion; seconded by Ed Simpson; passed 4-0.
Marcus - 129 Commercial S., request for one maple and one apple tree to be removed. Ginie Page moved to approve the Jurisdictional Opinion; seconded by Ed Simpson; passed 4-0.
Fritz – 470 Old Wharf Rd., removal of 3 scrub pines. Ed Simpson moved to approve the Jurisdictional Opinion; seconded by Ginie Page; passed 4-0.
Dalmus – Briar Lane, replace shed in same location. John Portnoy moved to approve the Jurisdictional Opinion; seconded by Ginie Page; passed 4-0.
There was discussion regarding the placement of sand at Powers Landing for beach nourishment at the Sea Shell Cottages. The sand is being carried by heavy equipment along the public beach, creating ruts and interfering with summer recreational. The commission feels that the access should be direct to the Sea Shell Cottages, i.e. across their private upland property and not along the public beach. Agent Greenberg-Lemos will review the file to determine how access for beach nourishment was stipulated.
Public Hearings 5:10 pm:
Lockwood, 110 Sandpiper Hill, Map 22, Parcel 81, Certificate of Compliance. Agent Greenberg-Lemos stated the project is in compliance. Ed Simpson moved to approve the Certificate of Compliance, seconded by Ginie Page; passed 4-0.
Green, 75 Lookout Rd., Map 35, Parcel 16, Certificate of Compliance. Agent Greenberg-Lemos stated the project is in compliance. John Portnoy moved to approve the Certificate of Compliance; seconded by Ed Simpson; passed 4-0.
Bruce/Sterns, 105 5th Ave, Map 40, Parcel 52, NOI, construction/renovation within 100’ buffer zone (cont’d from 06/18/14). David Bennett and Stephen Clu, builder, came to the table. Updated floor plans were distributed to the commission. The master bedroom has been moved outside of the side setback. A gazebo will be used as a gateway to the master bedroom. Bennett stated the septic has been moved approximately 10 feet and he reviewed the proposed planting plan. Ed Simpson moved to approve the NOI; seconded by John Portnoy; passed 4-0.
Town of Wellfleet, Wright, Henrickson, Patterson estate, Wales and Comly, 0 Blackfish Creek, Map 35, Parcel 210, NOI, replacement and maintenance of marine bulkhead (Cont’d from 06/18/14). At the request of the applicant, Trudy Vermehren moved to continue to August 6, 2014; seconded by John Portnoy; passed 4-0.
Cancilla/Dore, 96 Wigwam, Map 35, Parcel 154, NOI, addition to dwelling (Cont’d from 06/18/14). David Lajoie and Ms. Dore came to the table. Lajoie stated the revised plans identifying the proposed decking also include a stairway from the addition to the north side of the dwelling. Mitigation will be with plantings on the eastern side of the addition. Ed Simpson moved to approve the NOI; seconded by John Portnoy; passed 4-0.
Fitzsimmons, 100 Ione Rd., Map 28, Parcel 69, NOI, demolish and rebuild structure same footprint. Chet Lay and Jay Horowitz represented the applicant. Lay stated the applicant wishes to rebuild the house with two small additions to the dwelling on the same footprint and at a higher elevation. Due to the change in the FEMA Flood Insurance Rate Maps, this project is before the commission. Lay reviewed the construction protocol. Horowitz stated flood vents will be installed in the foundation. Debris from demolition will be on the driveway side. The driveway will consist of shells. Ginie Page moved to approve the NOI; seconded by John Portnoy; passed 4-0. Supervisor: Ed Simpson.
Cape Cod Modern House Trust, 54 Valley Rd., Map 4, AOOC, install generator and buried propane tank (Cont’d from 06/18/14). At the request of the applicant, Trudy Vermehren moved to allow the applicant to withdraw the application; seconded by Ginie Page; passed 4-0.
Town of Wellfleet, 325 Main St., Map 14, Parcel 174, RDA, remove garden, install brick or brick veneer 84’ long x 5’ wide with 2 benches. There was discussion in converting this area into a “pocket” park. Trudy Vermehren recommended replacing some of the non-native invasive trees (mostly Norway maple) with native trees and possibly having the bricks used as memorials. Agent Greenberg-Lemos stated she was not sure who was going to perform the work. John Portnoy moved to identified this as a Negative 3; seconded by Ed Simpson; passed 4-0.
John Portnoy moved to adjourn at 5:50 pm; seconded by Ed Simpson; passed 4-0.
Respectfully submitted,
Christine Bates, Committee Secretary