Conservation Commission Meeting Minutes
Approved
Wellfleet Conservation Commission
Meeting Minutes
September 17, 2014
Town Hall Meeting Room
Attendees: Trudy Vermehren, Barbara Brennessel, Ed Simpson, John Portnoy, Ginie Page, Cary Rea and Lauren McKean
4:00 - Business Meeting & Conservation Agent's Report
Mail:
Memo from Mr. Giovangelo of 40 Kendrick Ave stating he plans to attend either the Oct. 1 or Oct. 15, 2014 meeting.
Letter from Allison Palmer stating she saw two trucks Saturday, Aug 30, on Conservation Trust Land for shell fishing and driving over property. She questioned present and future enforcement. Barbara Brennessel recommended making a copy of the letter for the Shell Fish Advisory Board.
E-mail to Jason Zimmer at the State level from Agent Greenberg-Lemos regarding land on King Phillips Rd. where there has been storage of kayaks and boats. (Div. of Fish and Wildlife). The State is not in favor of placing any racks and would like to get the Environmental Police involved.
Letter from Abigail Franklin Archer from Cape Cod Cooperative – looking for documentation regarding herring. Since we do not have a warden anymore, Agent Greenberg-Lemos recommended John Portnoy respond to her request, and he agreed.
Notice from CC Commission regarding Water Quality Management Plan. Ed Simpson stated he attended the meeting held in Wellfleet and provided materials from the meeting for the Commission to review. Lauren McKean stated she has also been attending the meetings for over a year; the Commission presented 18 alternatives including sewering for the Town of Wellfleet.
Agent Greenberg-Lemos stated she had contact with Charles Amsler’s attorney and informed him of the certified vernal pool in Main Street area. We are still waiting for Mark Vincent to look at the pump at Wesley Swamp.
Meeting Minutes: August 20, 2014. Trudy Vermehren moved to approve the amended meeting minutes; seconded by Ed Simpson; passed 3-0.
There was discussion regarding when it is appropriate to recuse from a hearing.
Public Hearings 5:00 pm:
Keller, 855 Chequessett Neck Rd., Map 19, Parcel 104, Certificate of Compliance
David Lajoie represented the applicant and stated the beach nourishment condition (#4) referred to the exposure of toe stones; however, he stated they are not exposed, so no beach nourishment is warranted. He stated the beach elevation is at 6 ft-NGVD at the lowest and the mean high water is at approximately 5 ft-NGVD. Cary Rea moved to approve the Certificate of Compliance; seconded by Ginie Page; with ongoing conditions, passed 7-0.
Keller, 855 Chequessett Neck Rd., Map 19, Parcel 104, Certificate of Compliance. Cary Rea moved to approve the Certificate of Compliance; seconded by Ginie Page; passed
7-0.
Weissman, 334 Cove Rd., Map 28, Parcel 21, Certificate of Compliance. (2002) Trudy Vermehren moved to approve the Certificate of Compliance; seconded by Ed Simpson; passed 7-0.
McTeague, 334 Cove Rd., Map 28, Parcel 21, Certificate of Compliance Trudy Vermehren moved to approve the Certificate of Compliance; seconded by Ed Simpson; passed 7-0.
White Shea, 9 Crest Ave, Map 35, Parcel 93.1, RDA, Kayak Rack. Linda White Shea stated the family moved the kayak rack to the bottom of the stairway. She stated the rack could be moved away from the bank by one or two feet. Ed Simpson recommended placing another piece of wood (2 x 4) on the back of the rack to keep the kayaks above the bank and the bank vegetation. The commission stated they would allow the rack to stay as it is until October 2014 but require another filing in the spring with a new design that does not affect the coastal bank. Trudy Vermehren identified this as a positive 2 with permission to leave the kayaks on the racks until October 15, 2014 with a new design to be presented to the Commission; seconded by Ginie Page; passed 7-0.
Monahan, 64 Beach St., Map 35, Parcel 11, RDA, repair/replacement of existing footings for deck. Lisa Monahan stated the footings for the deck, which were previously approved, are inadequate and have to be replaced. The holes will be dug by hand from inside the deck perimeter. The soil from the dug holes will be redistributed at least 50’ from the salt marsh and upland from the work site. Cary Rea identified this as a Negative 2; seconded by John Portnoy; passed 7-0. Ed Simpson supervisor
Herring Creek Condominium, 34 Eric’s Way, Map 8, Parcel 66, NOI, septic upgrade and new well. David Lajoie represented the applicant and Amy Walker, one of the trustees of the condominium came to the table. David Lajoie gave an overview of the project, stating the septic system had failed. Approval was granted by the Board of Health for the project. Revised plans were distributed. Lauren McKean moved to approve the NOI; seconded by Cary Rea; passed 7-0.
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 09/03/14). Bob Perry represented the applicants and he questioned the names on the application (particularly Barbara Wright as the only applicant and if she is responsible financially). Agent Greenberg-Lemos recommended Ms. Wright hire a lawyer for advice. Bob Perry will write a letter to the file to include all names as applicants. NHESP did respond by letter regarding the project. A planting plan was submitted to NHESP and they accepted the plan with the exception that this type of maintenance (renourishment of sand) will be allowed up to five (5) times within 15 years. There was concern regarding the restriction of five sand renourishments within 15 years (approximately once every three years), particularly if this condition prevents renourishment after serious storm erosion.. Ed Simpson moved to approve the NOI with conditions; seconded by Ginie Page; passed 6-0 with one abstention. Supervisor: Cary Rea
Donald, 0 Bayview, Map 35, Parcel 39, NOI, extend existing timber bulkhead (Cont’d from 09/03/14). At the request of the applicant, John Portnoy moved to continue to 10/15/14; seconded by Ginie Page; passed 7-0.
Soares, 410 Ltd. Island Rd., Map 41, Parcel 78, NOI, septic upgrade and well relocation
At the request of the applicant, John Portnoy moved to continue to 10/15/14; seconded by
Cary Rea; passed 7-0.
Lanza, 113 4th St., Map 40, Parcel 118, NOI, Demolition and rebuild of dwelling. Pate Steele gave an overview of the project, reviewing the paperwork provided to the commission. Ed Simpson expressed concern with the limit of work and recommended it be adjusted. Agent Greenberg-Lemos requested a site plan identifying the existing disturbance within the 50 and 100 foot buffer zones as well as potential disturbance within the buffer zones. There was discussion regarding the stairs and granite intruding into the dune, that the granite would exceed 800 sq. ft., and sand movement around the granite patio and stairway. Discussion also included the weight of the granite on the Lt. Island bridge, the difficulty accessing the work area and that the current staging area is over the septic tank which is not rated for vehicles to drive over. The commission discussed the construction of the granite steps utilizing styrofoam and potential freeze upheavals. The commission requested revised plans identifying a new limit of work, current and proposed disturbances within the 50 and 100 foot buffer zone, a vegetation plan and requested the applicant reset the stakes on the property. John Portnoy moved to continue to October 1, 2014; seconded by Ginie Page, passed 7-0.
Public Hearings closed at 6:55 pm.
Business
Jurisdictional Opinion: Town of Wellfleet: Install hand pump well on Hamblen Park. Trudy Vermehren moved to approve the Jurisdictional Opinion; seconded by John Portnoy; passed 7-0.
Lauren McKean moved to adjourn at 7:00 pm; seconded by Ginie Page; passed 7-0.
Respectfully submitted,
Christine A. Bates, Committee Secretary