Conservation Commission Meeting Minutes

Approed

Wellfleet Conservation Commission

Meeting Minutes

September 3, 2014

Town Hall Meeting Room

Attendees:  Trudy Vermehren, Barbara Brennessel, Ed Simpson, John Portnoy, Cary Rea

Regrets:  Ginie Page, Lauren McKean

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

Chair Trudy Vermehren welcomed Barbara Brennessel as a new member of the Commission.

Kathleen Bacon expressed concern to the Commission regarding the use of town landings and if they are protected.   She witnessed approximately 12 people parking their vehicles and launching paddle boards on the shore at the end of Pine Point Rd.    She is concerned that the land is very fragile and the town may not be aware of people parking and using the area for launching.  John Portnoy stated perhaps the selectmen have allowed concessionaires giving lessons to use some town land for launching vessels.  Kathleen stated there is a DVD at the library providing information on town landings and recommended the Chamber of Commerce booklet list them for the public.  Agent Greenberg will contact Horsley Whitten who did research on the town landings.  She will also contact Ned Hitchcock and John Riehl.  There was discussion regarding State owned property and if vehicles and vessels are allowed.  Agent Hillary Greenberg-Lemos will contact the State to start a dialogue.   

Jurisdictional Opinion:  25 Herring Point Rd (Lt. Island), certified arborist to remove one oak and two pine trees along with pruning.  Trudy Vermehren moved to approve the Jurisdictional Opinion; seconded by Ed Simpson; passed 5-0.

Mail:

Agent Greenberg-Lemos authored a letter to the Giovangelo’s requesting them to attend a meeting regarding clearing that was done at the property on 40 Kendrick.

DPW Director, Mark Vincent, notified the Conservation Commission that work would be performed on the drainage pipe at the corner of W. Main and Old Chequessett Neck Road.  The Commission questioned why there is no percolating basin to prevent road runoff from being directed toward and discharged into the marsh, i.e. upper Pole Dike Creek.

NSTAR informed the Commission they will be replacing an  underground cable in the Blue Heron Road area.

Cape Cod Commission hearing notice:   Water Quality Management Plan to be held on  Sept. 10 from 4:00 to 6:00 pm at Preservation Hall in Wellfleet.

Brent Harold contacted Agent Greenberg-Lemos asking if anyone with wells close to the NSTAR right of way had samples of their water tested. .  She stated they may sample 2 houses with  wells close to the power lines before and after the herbicide application.

Vistas and Corridors – The Commission has paperwork from three different towns and it was determined that Trudy Vermehren will contact Michael  Talbott from Barnstable to review the paperwork and make recommendations regarding changing the local  regulations.     

Public Hearings 5:00 pm:

Gilmour, 70 Mill Creek Lane, Certificate of Compliance.  Agent Greenberg-Lemos stated the work is in compliance.  John Portnoy moved to approve the Certificate of Compliance; seconded by Ed Simpson; passed 5-0.

Muir, Certificate of Compliance (shellfish grant).  1989 – NOI for a shellfish grant.  John Portnoy moved to approve the Certificate of Compliance with all conditions in perpetuity; seconded by Cary Rea; passed 5-0.

Gray, Aquaculture grant, Old Wharf.  RDA.  James Gray stated the grant is off Old Wharf Road.  Access is at the town landing and this is a pre-existing grant.  Cary Rea moved to identify this as a Negative 2; seconded by Ed Simpson; passed 5-0.

Andrews, 95 Chequessett Neck Rd., NOI, driveway (Cont’d from 08/20/14).  Chet Lay represented the applicant and distributed revised plans.  Chet Lay read a letter he sent to MA DEP regarding the flood plain area and his calculations for alterations is approximately 1500 sq. ft.   He also provided a copy of a letter from Tim Brady regarding the rain garden catch area (aka “basin”).  Trudy Vermehren stated she was concerned with the t-base on the driveway and turn-around area within the buffer zone and Chet Lay stated the area will be turned into a permeable  area.  There was discussion regarding the water percolation rate in the rain garden area and Lay stated it is estimated that 375 sq. ft per hour would drain.  Grass will be planted and maintained in the basin.  Ed Simpson moved to approve the NOI; seconded by Cary Rea; passed 4-0 with 1 abstention.      

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 08/20/14).  At the request of the applicant, Trudy Vermehren  moved to continue to 9/17/14; seconded by Ed Simpson; passed 5-0.

Donald, 0 Bayview, Map 35, Parcel 39, NOI, extend existing timber bulkhead (Cont’d from 08/6/14).  David Lajoie and Alfred Pickard represented the applicant and Pickard gave a history of the property as well as the Conservation Trust property.  He provided an assessors map identifying the properties and stated that previous attempts with wood walls and beach nourishment have failed.   Pickard stated he has tried several soft solutions which failed.  Pickard identified previous conditions  the Conservation Trust had received regarding protection of diamondback terrapin.  The proposed  bulkhead wall will protect the nourishment and be shorter in height [shorter in height than what?-JP].  Meeting minutes of 08/06/14 were read into the record.  David Lajoie stated Natural Heritage has not responded with a letter.  There was discussion regarding the amount of nourishment placed in the area and Pickard stated some of the parcels have not been renourished and he feels if it is done on the Donald property, it will reduce the erosion taking place.  The Trust is ultimately responsible for the renourishment of their property which includes much of the coastal bank to the north.  Conditions for the Spar and Kandel property will be reviewed.  The Conservation Trust property has a high use for recreation and shell fishing.  Agent Greenberg-Lemos requested David Lajoie provide a written letter stating why they are not going to use rocks.  Pickard stated the peat bed (salt marsh) receives some of the sand; he is concerned that the salt marsh may be buried by too much sand deposition.  It was recommended another site visit be made on September 17.  Trudy Vermehren moved to continue to 09/17/14; seconded by John Portnoy; passed 5-0.

Trudy Vermehren moved to adjourn at 6:00 pm; seconded by John Portnoy; passed 5-0.

Respectfully submitted,

Christine A. Bates, Committee Secretary