Conservation Commission Mtg Mins

Meeting date: 
Wednesday, August 20, 2014

Approved

 Meeting Minutes

Conservation Commission

August 20, 2014

Town Hall Hearing Room

Attendees – Trudy Vermehren, John Portnoy, Cary Rea, Ginie Page, Ed Simpson, Agent Greenberg-Lemos and Christine Bates, Committee Secretary

Regrets:  Lauren McKean

4:12 pm - Business Meeting & Conservation Agent's Report

Mail:

  1. e-mail regarding property on Paine Hollow for the Housing Authority land transfer Map 29, Parcel 498)

2.   e-mail from M. Spielman to Agent Greenberg-Lemos regarding Gull Pond run-off  from the parking area and her response to him.

3.   Newsletter from Division of Marine Fisheries

Minutes:

June 18:  John Portnoy moved to approve the amended June 18, 2014 meeting minutes; seconded by Cary Rea; passed 4-0.

July16:  John Portnoy moved to approve the amended July 16, 2014 meeting minutes;; seconded by Trudy Vermehren; passed 4-0.

August 6:   Trudy Vermehren moved to approve the amended August 6, 2014 meeting minutes; seconded by Cary Rea; passed 5-0.

Jurisdictional Opinion:  120 Blue Heron Rd, Wagner, remove broken oak in front of yard and three pines overhanging house.  Ginie Page moved to approve the Jurisdictional Opinion; seconded by Ed Simpson; passed 5-0.   

Fertilizer:  to be discussed at next meeting

40 Kendrick:  aerial photographs  were distributed  of the clearing that has apparently taken place between March 2012 and June 2014.  Agent Greenberg-Lemos will send a letter, including the photographs, to the property owners requesting them to come back to a business meeting to discuss the clearing.  

Vistas and Corridors:  Agent Greenberg-Lemos provided copies of the original conditions for vista and corridor pruning written over 10 years ago as well as material from Barnstable and Mashpee.  Illustrations and guidelines for planting within the buffer zone were included.  Agent Greenberg-Lemos requested the commission review the paperwork for future discussion.  Portnoy stated he would also like the Commission to  review the frequent practice of complete removal of vegetative cover to eliminate  non-native species; the concern is that all wildlife cover is completely removed, albeit temporarily.

Conservation Trust:  Denny O’Connell requested a Conservation Restriction from the Conservation Commission located on Chequessett Neck Road behind green 3 of the Country Club.  Mr. O’Connell gave a brief history on the transfer of the property and stated this required a Conservation Restriction with standard conditions.  John Portnoy moved to accept the Conservation Restriction; seconded by Cary Rea; passed 5-0.   

Kayaks – Old Wharf.  Denny O’Connell and Bill Iacuessa explained  that the Conservation Trust property on Old Wharf area was part of the sticker program but found out the majority of the kayaks have not been permitted by the Beach Dept.  Denny stated the Conservation Trust thought kayak storage would be a revenue for the Town and the capacity factor went down when the town racks were installed.  He stated it is a deeded right of way to the water, and should be maintained because it is town owned.  No rules were posted in the area regarding the need for a sticker, etc.  People who contributed to the building of the racks paid the sticker fee but others did not pay the sticker fee and there is no enforcement in the area.  The old rack from the Conservation Trust was first come/first served.   There is a lack of signage regarding the permitting process at several rack locations and he feels the Beach Dept. and Conservation Commission should re-evaluate the sticker and enforcement issues for the racks.

Main St (Amsler):  Charles Amsler stated he had hoped to have a response from the Commission regarding the letter from MA DEP regarding the Commissions denial of placing two sheds at the back of his property.  He has contacted his lawyer and questioned the Commission if they were going to reverse their decision.  Agent Greenberg-Lemos stated that the state has designated Wesley Swamp  a certified vernal pool which, under the town’s environmental regulations, is a freshwater wetland protected along with a 100-ft buffer.  She also stated to appeal the Commission’s decision, he would have had to appeal within 60 days with the courts.  Mr. Amsler then submitted documents to Agent Greenberg-Lemos stating his future actions regarding the sheds. 
 Public Hearings 5:00 pm:

Neske, 155 Indian Neck Road, NOI, Septic Upgrade.  David Lajoie represented the applicant and gave an overview of the project.  The project will include a new well and the septic will use the Advantex system for better nitrogen removal.  Portnoy expressed concern that the area was filled previously as indicated by  the vegetation on the property.  Ed Simpson moved to approve the NOI; seconded by Ginie Page; passed 5-0.  Supervisor:  Ed Simpson

Andrews, 95 Chequessett Neck Rd., NOI, driveway.  Chet Lay represented the applicant and gave a history of a previous NOI.  He stated the property owners have used a T-base instead of the previously approved full impermeable pavement and would like to install the full pavement.  The owners would like to direct  drainage to a rain garden (vegetated swale) at the base of the hill.  There will be berms installed for water run off.  The current catch basin fills up and requires maintenance.   There will be minor excavation to build the rain garden and the materials will be hauled out.  Chet Lay stated the owner will maintain the vegetation in the rain garden.  Portnoy was concerned that fragmites may invade from the marsh area.  Stone will be placed in the rain garden on one side and the commission recommended letting nature taking its course with whatever may grow, rather than regular mowing the rain garden.  The commission requested the number of drainage and water run offs going into the rain garden.  The Commission also requested thatthe applicant add the new FEMA flood elevations to the plans.  At the request of Chet Lay, Ginie Page moved to continue to September 3, 2014. seconded by John Portnoy; 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 (Cont’d from 08/06/14).  At the request of the applicant, Ginie Page moved to continue to Sept. 3, 2014; seconded by Cary Rea Passed 5-0.

Business meeting reopened at 5:40 pm.

Cary Rea stated he had a conversation with Kathleen Bacon who is concerned with the use of town land at Hamblen Park to launch boats.  She requested an official list of the town landings because she has witnessed people launching from Hamblen Park, which she didn’t believe was a public landing.  Ginie Page stated the town landing at the bottom of Bank Street (next to Masonic Parking Lot) is dangerous because the stairs have moved.  Agent Greenberg-Lemos will get a list of landings.

John Portnoy stated that the Mayo Creek Restoration Committee met with Cape Cod Mosquito Control Project on 18 August to seek their support for the tidal restoration for the purposes of mosquito control.  Their commission is considering this request.  The Mayo Creek group will also meet with Harborside Village (trailer park) to respond to their questions and concerns on 21 August. The Mayo Creek committee reports to the Board of Selectmen.Trudy Vermehren moved to adjourn at 5:50 pm; seconded by John Portnoy; passed 5-0.

Respectfully submitted,

Christine A. Bates, Committee Secretary