Minutes

Approved

April 2, 2014

Conservation Commission Meeting Minutes

Town Hall

 

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

Regrets:  Terry Gips

4:05 - Business Meeting & Conservation Agent's Report

Mail:  2nd Annual Cape Coastal Conference:  June 5 & 6, 2014, Cape Cod Community College.  

Energy Environmental Affairs – Small community grants

Mr. Robbins, Shorebird Biologist, introducing himself in a letter.  Erecting explosures  and will inform the commission of locations.

Letter from DEP acknowledging receipt of C. Amsler’s appeal.  A site visit is scheduled for April 17, 11:00 am and John Portnoy and Cary Rea will attend.  Amsler appealed to DEP; however, he did not appeal to Superior Court, which is required in order to contest the Commission’s ruling based on  the Wellfleet Wetland Environmental Protection bylaws.     

Memo from Agent Hillary Greenberg-Lemos to Ms. Rothman regarding erosion on Rockwell Ave. and septic/leaching components.  There was discussion regarding cliff erosion along the back shore causing septic systems and other private structures to fall on the beach  within the National Seashore.  Lauren McKean stated when private structures fall from eroding cliffs owners should pay a fine along with the cost of cleanup.   Letters could be sent to home owners stating structures  need to be removed before they fall to the beach; otherwise a fine will be charged.  There was further  discussion about the disposition of structures left on private property at the top of the marine scarp when those properties become unlivable and are abandoned.

Memo from Agent Greenberg-Lemos to Mr. Banner regarding the need to file a NOI for King Phillip Road and notification of a citation.  Mr. Banner has hired a consultant who will come before the commission.  

Agent Greenberg-Lemos received a request for use of Town property from the Wellfleet Artisan market.  The request is for Thursdays 9:00 – 3:00 for twenty 10 x 10 tents/areas behind Preservation. Hall.  Agent Greenberg-Lemos wrote that the Conservation Commission would not be in favor of this request.  She stated she sent the Town Administer an e-mail with her concerns about the Farmers Market at Prez. Hall and requested he consider an alternate location due to the heavy volume of use and potential adverse effects to adjacent  resources.    

NStar supplied a map identifying private wells and the area they will be using herbicides this year.

Fertilizer:  Agent Greenberg-Lemos reviewed three alternative fertilizer management plans  for discussion at the next meeting.

Vandalism:  A total of six (6) Town and National Seashore public areas have been vandalized over the past two weeks with the burning of split rail fences.

Pond Work:   Liz Migliore of AmeriCorps provided a schedule for work on ponds in Wellfleet.  A work report of 2013 activities was provided.    

There was discussion regarding the installation of benches at Cannon Hill and the approximate timeline and who will be installing them.  

Meeting Minutes:

Trudy Vermehren moved to approve the amended meeting minutes of March 5, 2014; seconded by Lauren McKean; passed 5-0.

Trudy Vermehren moved to approve the amended meeting minutes of March 19, 2014; seconded by John Portnoy; passed 6-0.  

Public Hearings 5:00 pm:

Hill, 20 & 30 Ryder Court, Map 14, Parcels 11 and 12, Certificate of Compliance.  This was previously approved.  

Simpson, Ocean View Road, Map 17, Parcel 3, Certificate of Compliance.  Ed Simpson recused himself.  Agent Greenberg-Lemos stated the project is in compliance.,  John Portnoy moved to approve the Certificate of Compliance; seconded by Ginie Page; passed 5-0.

Berliner, 305 King Phillips Rd., Map 35, Parcel 197, NOI, remove pitch pines and re-vegetate.  George Riley and Frank Corbin represented the applicant.  The work would be to restore their view with the removal of pines and to replant with native plants and create terrapin nesting areas.  Corbin stated there are several different species  of pines, including some non-native and  invasive.  Corbin stated Bob Prescott of the MA Audubon provided guidance for the location of the turtle nesting areas.  There was discussion regarding the abutter (Meister property) and the plantings as well as the turtle nesting on that property.  No DEP number has been issued as yet.  There was discussion regarding the access to the work area.   Agent Greenberg-Lemos requested a more detailed planting plan.  Corbin suggested an “as built” plan after the plantings.  Ed Simpson stated he has concern with the number of trees that will be removed.  Corbin stated when the house was built there were no trees on the property, and after the removal of the trees, the root systems will provide stability.  Portnoy would like to see the retention of clumps of pitch pine, particularly on the edge of the marsh and the toe of the bank.  Lauren McKean questioned if there could be some pruning versus total removal of trees and Corbin stated he would remove some flags and request another site visit from the commission.  Cary Rea stated he was concerned with the use of equipment for the removal of the trees.  John Portnoy moved to continue to April 16, 2014; seconded by Ginie Page; passed 6-0.       

Donald, 0 Bayview, Map 35, Parcel 39, NOI, extend existing timber bulkhead (Cont’d from 3/5/14).  Ginie Page recused herself.  Alfred Pickard represented the applicant and stated the original section of the bulkhead has deteriorated and the use of soft solutions, including hay bales, fencing, etc have not stopped the erosion.  The Conservation Trust is in a position to grant an easement to continue the bulkhead.  The wall will not be as tall as previously built, and the sand fence will go in front of the wall.  There is little room between the salt marsh and the bank for equipment operation. Pickard stated it is very difficult to maintain the beach as renourishment is typically washed out.  Agent Greenberg-Lemos stated she has requested additional information on the site plan for the commissions review.  Pickard stated access to the area is extremely difficult and there was discussion regarding additional sand fencing.  The commission requested alternative solutions/mitigations.  Ed Simpson moved to continue to April 16, 2014; seconded by John  Portnoy; passed 5-0.    

John Portnoy moved to adjourn at 6:15 pm; seconded by Ed Simpson; passed 6-0.

Respectfully submitted,

Christine Bates, Committee Secretary