Minutes of Conservation Commission Public Meeting
Time: 4:00 pm
Location: Town Hall
Commissioners Present: Terry Gips, Ginie Page, Lauren McKean, Trudy Vermehren, and John DiBlasio,
Regrets: Ed Simpson
Staff Present: Hillary Greenberg-Lemos, Andrew Petty and Christine Bates
4:00 - Business Meeting& Conservation Agent's Report
Chair Terry Gips opened the meeting at 4:14 pm.
Jurisdictional Opinion:
40 Hiawatha Road: After several storms, several trees are now overhanging the house, as well as dead trees (a total of 6) that need to be removed. There was an earlier Jurisdictional Opinion for tree removal that was not completed. Ginie Page moved to approve the Jurisdictional Opinion; seconded by Trudy Vermehren; passed 5-0.
Town of Wellfleet, Gull Pond, repair steps to the pond. Lauren McKean recused herself. Originally the DPW wanted to replace sand at the bottom of the stairs but were told by the Agent(s) they cannot replace sand. It was recommended someone be at the site when the work takes place. It was recommended that a split-rail or snow-fence be installed to keep people away from the path parallel to the water that is severely eroding and that a sign be installed prohibiting walking on adjacent paths. Terry Gips moved that the Commission support the repair of the steps, but without adding fill at bottom of steps on the beach/shoreline. She also moved to have a split rail fence or snow fence along the left side of the stairs with a sign requesting no walking on adjacent paths; seconded
by Trudy Vermehren; passed 4-0-1.
There was general discussion regarding water run-off in parking lots and the different technologies being used on steep grades.
Trudy Vermehren reviewed the mail. One piece of correspondence was regarding the FEMA flood plain mapping which will be redone due to errors. Andrew Petty reported a meeting was held in Chatham with several town representatives and concerns were expressed regarding individual issues with the maps.
Richmond Road – The Planning Board requested comments / approval from the Commission. Chet Lay later reported the Commission did not have to make comments because there are no resources at the location.
Public Hearings 5:00 pm:
5:50 pm
Mayo Creek Salt Restoration Feasibility Study Presentation, Terry Gips stated a presentation will be given, then the Commissioners will ask questions, then the hearing will be open to the audience. John Riehl introduced the Technical Advisory Committee: including Jeremy Bell from DER, Hunt Durey from DER, John Portnoy, Steve Block from NOAA, Trudy Vermehren, Marcia Seeler from Wellfleet Conservation Trust, and Jo Ann Muramoto from APCC. These individuals were involved in the initial formal planning phase of the project. Riehl explained a grant was applied for and received by the Conservation Department from the Gulf of Maine Council/ NOAA to do a feasibility study to improve the creek system and restore the salt marsh. Kirk Bosma of Woods Hole Group, Inc., presented a summary report of
the work completed to date. He described the duck-bill valve located on Commercial Street, stating the valve did completely block water from the harbor and that measurements showed some tidal flow producing changes in elevation and salinity beyond Commercial Street. A month’s worth of data was collected which included differing ranges in water elevation due to tides in the Harbor and in Mayo Creek, rain fall, and salinity levels. Bosma showed numerous graphs of the data as well as animated mapping of the changes in water level using several different scenarios based on size of valve opening, various tide levels, rainfall and storm events. Models were designed and evaluated by the TAC and used to create maps to see the level and extent of water flow and flooding in the marshlands. The recommendation based on the report is to remove the duck bill valve and monitor the water levels. He noted that in conjunction with the duck bill removal there
would be further testing of ground water and wells in the areas closest to the marsh.
Ginie Page asked if the local wells and septic systems were looked at and how it would impact people. Bosma stated they have reviewed the elevations and do not feel any septic systems will be impacted, and a study is still proposed to monitor the wells.
Lauren McKean questioned the size of the existing culvert and Agent Greenberg-Lemos replied that a sleeve was placed within the pipe in the existing culvert following an application from the Town to repair the damage to the culvert and the roadway. Bosma stated models were reviewed to include several different size openings.
Trudy Vermehren questioned how healthy the marsh is and John Portnoy stated the vegetation has not seen salt water in over 100 years and feels the marsh area would improve slowly. It is currently dominated by phragmites.
Harry Vanderbitt, Harborside Village, had several questions to ask and stated he would be comfortable submitting his concerns on paper. It was emphasized to the public this is the fact- finding study stage and no alterations of the valve and culvert will begin until all models are looked at and further research is completed.
Alfred Pickard questioned the elevation of the water and stated in the storm of 1978, water was up to 2 feet from his property. He stated he has seen the water come over the road three times at high tide. He questioned where the water will go if the marsh is already full when a storm hits. He questioned the safety of the septic systems, ground water, and how it will affect the Mayo Beach area. He would like to see salinity levels from water wells.
Trudy Vermehren stated she remembers the area being flooded in the past because of the low elevation and that the Mayo Project would not increase the danger of flooding above and beyond what conditions already threaten the area during severe storms and extraordinary high tides.
Audrey Danforth questioned the goals of the project: what are the benefits to having fish in the marsh and what are the projected vegetation changes. Jo Ann Moramoto (Assocation for the Presevation of Cape Cod) stated that phragmites are choking the area, and with the increase in salt water, the marsh will gradually become vegetated with species native to saltwater, replacing the phragmites. She stated it will improve the water quality as well as increase the shellfish population. John Portnoy stated there is a large amount of organic matter in the Mayo Creek and without water flow, it settles to the bottom, decaying and depriving the water of oxygen. .
Maria Hollis questioned how long it would take for the phragmites to die off and was concerned with the sediment pollution as well as the decay from the phragmites. She stated the Shellfish Advisory Committee was concerned with the amount of sediment going into the harbor and questioned if it would increase the need for dredging. John Portnoy stated there was 40 acres of phragmites in Hatches Harbor in Provincetown, and over six years following similar restoration efforts there that introduced salt water flow, the phragmites grew shorter little by little. They did not die off immediately. Now 12 years later, there is salt marsh grass, slowing replacing the phragmites.
Ork Ruggles suggested seeing a diagram of acreage showing how opening the valve and expanding the diameter of the pipe will affect specific areas and homes. He was hopeful that the maps in the presentation could be viewed online and enlarged to see the details.
Terry Gips requested aerial maps be made available of the area in order to decipher the information easier.
There was a question regarding wildlife and species in the area. Moramoto stated that the study thus far has not looked at the current wildlife population, but since marshes accommodate a large number of species, she feels it would be beneficial overall to wildlife. In addition, it was noted that there is extensive upland in the adjacent areas so that species could move quite easily.
Lauren McKean requested graphic data be made available online which could be animated.
Trudy Vermehren questioned if the duck bill was removed, what impact would it make? Kirk stated it would not affect any permitted structures and would cover 20 acres or less of the marsh area with salt water. Monitoring wells will be installed to monitor the groundwater and salinity levels. Maria Hollis of Harborside Village volunteered their wells for monitoring purposes.
Beverly Sprouls of Harborside Village had prepared an information sheet to be distributed to residents and asked Bosma if he would review the material to make sure it was factually correct and return it to Agent Greenberg-Lemos.
Maria Hollis thanked Agent Greenberg-Lemos for keeping everyone informed.
5:02
Conservation Trust, 2675 Route 6, Map 15, Parcel 128, Demolition of Building. Ginie Page recused herself. The Conservation Trust is purchasing the property and one of the stipulations for a grant they anticipate receiving is that there be no dwelling or structures on the property. Large equipment will be utilized to remove the structures and truck the debris off-site. The project also includes a barrier of vegetation to be planted to separate the Trust Property from the Mobil Gas Station. The Commission will require a deconstruction plan, planting plan and require an erosion control plan. Chet Lay wrote a letter of support. Trudy Vermehren moved to approve the NOI with conditions; seconded by Lauren McKean; passed 4-0. Supervisor: Trudy Vermehren
5:18 pm
Nazarian, Aquaculture Grant, RDA. Brett Morris spoke on behalf of Nazarian. Agent Greenberg-Lemos stated she had spoken with the Army Corps of Engineers and they gave their verbal approval. All other paperwork has been received. No work will begin until after the paperwork from Army Corps of Engineers is received in the office. Access will be from Old Wharf Road by boat or foot. Ginie Page moved to identify the RDA as a Negative 3; seconded by Trudy Vermehren; passed 5-0.
5:25 pm
Nemetz, 346 King Phillip Road, Map 35, Parcel 179, NOI, Construct deck at bottom of beach stairs. Chet Lay represented the applicant and gave an overview of the project, stating there will be a small platform within the stairs to access to the deck. Eight sonotubes with posts will be under the deckand two under the platform. The Commissioners expressed concern with the impacts already on the property and the proposed size of the deck. It was suggested that a deck might be located at top of the bank; a reduction in the size of the deck was also suggested. The Commission also had questions about the delineation of the bank and the fact that the plan presented had no topo lines. Chet Lay requested a continuation to June 15, 2011, and agreed to perform soil tests to establish accurate
delineation and to provide a more detailed plan. He also agreed to speak with the applicant to explore alternatives. Trudy moved to continue to June 15, 2011; seconded by John DiBlasio;
Passed 5-0.
5:45 pm
Coll, 310 Blue Heron Road, Map 42, Parcel 124, NOI, Septic Upgrade. David Lajoie represented the applicant and gave an overview of the project, stating there are several resource issues to the property. The system will be an I/A system. Ginie Page moved to approve the NOI; seconded by Lauren McKean; passed 5-0.
Other Business:
Agent Greenberg-Lemos requested the Commission review a request for a Jurisdictional Opinion for Jack’s Boat Rentals, regarding a proposed shed on top of the bank at Gull Pond at the edge of the parking lot. He would replace existing fencing with a picket fence and install a gate. He is proposing to run the boat rental business out of the shed rather than at the water’s edge. Agent Greenberg-Lemos stated this would be use of town property and the Selectmen would grant a business license each year. The town (DPW) would be responsible for repairing the stairs and installing the fence and sign as approved in the Jurisdictional Opinion at the beginning of the meeting. Use of the stairs would be restricted to the Boat Rental staff and customers. The Commission said that the shed
had to be seasonal (removed after the season each year), not installed into the ground, monitoring beginning on June 15 and each month thereafter. It was agreed that Greenberg-Lemos and Gips would visit the site and revise the details of these conditions to protect the resource as well as is reasonable under the circumstances. Terry Gips moved to allow the shed for one year, with monitoring on June 15 for any degradation to the environment. If there is any damage to the environment, the Commission will revisit the project; seconded by Trudy Vermehren; passed 4-0.
Trudy Vermehren moved to adjourn at 7:45 pm; seconded by Ginie Page; 4-0.
Respectfully submitted,
Christine A. Bates, Committee Secretary
| 