Conservation Commission Mtg Min

Meeting date: 
Wednesday, October 15, 2014

Approved

Wellfleet Conservation Commission

Meeting Minutes

October 15, 2014

Town Hall Meeting Room

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

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

Mail:

            Boston Globe – Review of Barbara Brennessel’s new book on river herring

            Boston Globe - Article on Nantucket’s recent efforts to control beach erosion

Meeting Minutes:  Barbara moved to approve the 10/01/14 meeting minutes as amended; seconded by John Portnoy; passed 5-0 (1 abstain)

Trudy Vermehren reported Agent Greenberg-Lemos went to Hamblen Park, looked at the trees, and reported the water from the new well tested high in sodium.  John Portnoy stated it may still be ok for watering the vegetation there and suggested that we learn the actual salinity.  

Jurisdictional Opinion:

  • Frank Corbin represented the owners of 55 Alves Lane to remove dead pitch pine, and prune one black oak over a roof.  Also he would like to remove a black oak on the edge of the  marsh which is located on Conservation Trust property.  The commission did not want to discuss the tree on the Trust property without Trust representation.   Trudy Vermehren moved to approve the Jurisdictional Opinion to remove the pine and oak, exclusive of the oak on Trust property; seconded by Ginie Page, passed 7-0.
  • Town of Wellfleet/CCNS/Friends of Herring River – remove bales of straw, replace them and dig diversion ditches where Old King’s Highway crosses Herring River.  Lauren McKean, John Portnoy and Barbara Brennessel recused themselves.  Trudy Vermehren moved to approve the Jurisdictional Opinion; seconded by Ed Simpson; passed 4-0.

Lydia Vivante stated the Historical Commission had money they felt would be put to good use for replanting trees at Hamblen Park.  Agent Greenberg-Lemos stated some of that money was used for the well which was installed to water the plants.  The commission will make a site visit on November 5, 2014 to look at the trees and plantings. 

Mr. Giovangelo had been requested to come to a business meeting to give details on his apparent land clearing between his home (40 Kendrick Ave) and Mayo creek.  He stated that he cleared storm-damaged trees and poison ivy in preparation for a wedding party on the property.    He stated he replanted the area with grass, but did not bring in any fill.  John Portnoy stated this area includes bordering vegetated wetland and is therefore protected by local and state law within 200 ft of Mayo Creek.  Thus, any future work will require filing with the Commission beforehand.

Wesley Swamp:   John Portnoy stated the commission needs to see what effect the pumping of water from the swamp has on the groundwater level below abutter septic systems, if any.  He proposes the town put in observation wells to determine change over time.  He also suggests the pump be turned off and monitored to determine the response of both swamp and groundwater levels to see how they relate.  A staff gauge in the swamp and observation wells could probably be installed by hand; measuring points on these structures would need to be surveyed by a professional land surveyor.  He stated this has likely been a swamp for thousands of years before attempts to drain it over the past few decades.   Agent Greenberg-Lemos will check on pricing and possible funding for well installation and surveying.  

Public Hearings 5:00 pm:

Zimmerman / Shliefer, 100 Way #26, Map 18, Parcel 3, Certificate of Compliance.  Lauren McKean recused herself.  Agent Greenberg-Lemos stated the project is in compliance.  Trudy Vermehren moved to approve; seconded by Ginie Page; passed 6-0.

Rossey, (Dodge), 134 Compass Hill, Map 41, Parcel 62, Certificate of Compliance.  Agent Greenberg-Lemos stated this is a project from the  1980s and the property is transferring hands.  Ed Simpson moved to approve the Certificate of Compliance; seconded by John Portnoy; passed 5-0 with 2 abstaining. 

Coady, (Orcott) Lot 30 Samoset, Map 28, Parcel 97, Certificate of Compliance.   Trudy Vermehren moved to approve the Certificate of Compliance; seconded by Cary Rea; passed 5-0, with 2 abstaining.

Lanza, 113 4th St., Map 40, Parcel 118, NOI, Demolition and rebuild of dwelling (Cont’d from 09/17/14).  Attorney Bill Henchy and Pate Steele came to the table.  Revised plans identified the modifications which include the limit of work in all areas of the project,   the exterior work in and outside of the 50’ buffer zone, a modified vegetation plan, and an analysis of the area provided by Stan Humphries.  Humphries contended that the dunes on this lot atop the coastal bank were not protected under state law; however, John Portnoy stated that the local bylaw does protect “dunes” in general and does not specifically exclude dunes atop coastal banks.  Attorney Henchy stated the entire site is within the Commission’s jurisdiction.  The steps and stairways will be removed from the north side of the property.  There was discussion regarding the weight limits of Lt. Island bridge and the commission requested additional information  on the deconstruction and construction protocol.  Ginie Page moved to approve the NOI with conditions; seconded by Ed Simpson; passed 7-0.    

Donald, 0 Bayview, Map 35, Parcel 39, NOI, extend existing timber bulkhead (Cont’d from 09/17/14).  At the request of the applicant, Lauren McKean moved to continue to 11/19/14; seconded by John Portnoy; passed 7-0.

Schaffer/Fay, 520 Black Pond Rd., Map 4, Parcel 39, NOI, replace steps, expand deck, install gravel walk, install outdoor shower and vista pruning.  Lauren McKean recused herself.  Chet Lay represented the applicant and stated Natural Heritage had not responded to the paperwork as yet.  He reviewed the revised plans identifying the disturbed areas within the 50 foot and 100 foot buffer zones.  The previous meeting concerns were discussed which included the outside shower within the 50’ buffer zone,   vista pruning which will be done by hand and the planting notes and schedule.  Barbara Brennessel expressed concern with the chemicals (sun screen, bathing soaps and conditioners) from the shower, which drains into the ground within the 50 foot buffer zone and Mr. Lay will provide plans for the next meeting. Trudy Vermehren moved to continue to November 5, 2014; seconded by John Portnoy; passed 6-0. 

Trudy Vermehren moved to adjourn the meeting at 6:15 pm; seconded by Barbara Brennessel; passed 6-0.

Respectfully submitted,

 

 

Christine A. Bates, Committee Secretary