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Minutes of Conservation Commission Public Meeting
Date:July 20, 2011
Time:4:00 pm
Location:DPW Building
Commissioners Present: Terry Gips, Ginie Page, Ed Simpson, Lauren McKean, and Trudy Vermehren
Regrets: John DiBlasio
Staff Present: Hillary Greenberg-Lemos, Andrew Petty and Christine Bates
4:00 - Business Meeting & Conservation Agent's Report
Co-Chair Trudy Vermehren opened the meeting at 4:05 pm.
Olga Kahn, Barbara Gray and Gerry Parent of the Planning Board discussed storm water issues and potential bylaw changes with the Conservation Commission. The Commission presented their concerns: 1) when there are heavy rains, runoff from properties adjacent to wetlands can go directly into the resource carrying sediment and polluting substances such as petroleum products, fertilizers or animal waste; 2) on inland properties as well as properties adjacent to wetlands, storm water can flow down paved driveways, sometimes onto town roads and sometimes onto abutters’ properties; in the process, polluted runoff can also enter groundwater. Currently, the Conservation Commission can only address issues if the owner of the property comes to ConsCom for new construction or renovation and if the
property is subject to the Wetlands Protection Act. Trudy Vermehren suggested the term “water shed” be used because the water goes into the drinking water supply since our wells drawn from ground water. There was discussion regarding incorporating changes in the zoning bylaws. Gerry Parent stated the Cape Cod Commission might have information on Cape towns that have storm water regulations/bylaws. There is currently a zoning bylaw for curb cuts for new development only and states no water can go onto town property or roads. The building inspector’s approval of building permits for such projects implies that he has reviewed and agrees with the driveway design; however, there was concern about the effectiveness of this process. It was also noted that no permission or permit is required to pave or modify existing driveways, thus very few driveway projects has any review at all. Parent said that if the
Planning Board had a site plan review process, as do some other towns, then there would be a context and process for reviewing issues of paving and storm water. Other strategies for addressing stormwater problems were discussed but it was agreed that the problem and potential solutions were complex. The group agreed that it would probably be most effective to determine minor changes in current regulations and to work at this problem incrementally. Agent Greenberg-Lemos read Town of Wellfleet General Bylaws, Chapter 30, Article 7 (specific to wetlands). Terry Gips thanked the members of the Planning Board and stated between the Boards, some changes could be made. The business meeting was closed at 5:06 pm.
Public Hearings 5:07 pm:
5:07
Blasch, 1440 Chequessett Neck Rd., Map 18, Parcel 8, Certificate of Compliance (Cont’d from 07/06/11). The applicant requested a continuation to August 17, 2011. Terry Gips moved to continue to 8/17/11; seconded by Ed Simpson; passed 4-0-1.
5:09 pm
Stossel, 5 Samoset Ave., Map 28, Parcel 186-1, Certificate of Compliance. Agent Greenberg-Lemos stated the project was constructed according to plan. Ginie Page moved to approve the Certificate of Compliance, seconded by Trudy Vermehren; passed 5-0.
5:09 pm
Yankelovitch, 374 King Phillip Rd., Map 35, Parcel 182, NOI, extend revetment (Cont’d form 04/06/11). George Preble represented the applicant and stated he was at the meeting to provide an update. He stated the State and Federal agencies expressed concern that they did not want the entire bank covered with a hard solution and wanted a softer solution. He stated a new design is being put together and he would like to make a presentation to the commission at the Sept. 7, 2011 meeting. He stated they need to get the work done this year if possible due the potential of future storms. He stated the State has made site visits and are aware of the critical need to move forward with the project. Trudy Vermehren moved to continue to 09/07/11; seconded by Ed Simpson; passed 5-0.
5:20/11
Gilroy, 83 Samoset Ave, Map 28, Parcel 113, NOI, Rock revetment. Don Munroe of Coastal Engineering stated the upland portion was approved by the State but they appealed the shorefront revetment proposal. He described the revised plan and said that it had a beach monitoring component and that there will a major amount of sediment placed over the rocks and that it would be vegetated. Ed Simpson moved to continue to 08/03/11; seconded by Lauren McKean; passed 5-0.
5:35 pm
Cooney, 3 Kendrick Ave., Map 21, Parcel 112, NOI, new dwelling. Attorney Ben Zehnder, Stan Humphries, Charles Orr represented the applicant; the applicant, Steve Cooney, also attended. Humphries gave an overview of the property, identifying the coastal beach, the dunes, and stated the remaining part of the site is land subject to coastal storm flowage. Petty asked if this property could be considered filled tide land and Humphries stated he was not sure but DEP would review it. Zehnder stated this is a residential property between several commercial buildings. There are concrete privacy walls, 6 feet high, proposed for each side of the property. The privacy walls are considered landscaping elements. Orr stated most of the building will be on piers although one section and the
garages are designed with foundations. Orr stated the owner’s desire to have some storage area and that is the reason for a foundation in one section, but is not a requirement. The setbacks will be 20 feet, thus meeting the requirements of the Central District. There was discussion regarding the current and proposed square footage of site coverage, the nonconformity and setbacks. Humphries stated this is in the A flood zone and there would be a one foot water increase with a hundred year storm. Agent Greenberg-Lemos requested test pits/borings information; it was agreed that the commission will make a site visit and examine a full set of site borings produced by Humphries on August 3. It was recommended Humphries review old maps to compare the location of the dunes, and to determine if the land had been filled at some point in the past. Alternative Analysis drawings will be presented at the next meeting. The commission requested
further information: elevations, floor plans, location of utilities, the anchoring plans for the site/privacy walls, and a planting plan, The Commission also discussed the applicant consider a less smaller footprint on the proposal. Terry Gips moved to continue the hearing to August 17, 2011; seconded by Lauren McKean; passed 5-0.
6:48 pm
Von Bismark-Baecher, 2554 Old Kings Hwy, Map 8, Parcel 46, Amended Order of Conditions, add 14’ x 14’ deck at NW corner of residence. Tim Dickey stated the owners want to add a deck to the already approved project and the commission found no issue with the plan. Trudy Vermehren moved to approve the amendment; seconded by Ed Simpson; passed 5-0.
The public hearings were closed at 6:54 pm.
Business Cont’d
6:55 pm
Jurisdictional Opinion
70 Catboat Road, vista pruning and removal of invasive plants. The commission stated they would like to do a site visit.
140 Bayberry Lane, remove pines and prune oaks. Terry Gips moved to approve the Jurisdictional Opinion; seconded by Ginie Page; passed 5-0.
Mail: invitation to Americorp graduation.
Article on revegetation on Ballston Beach
Trudy Vermehren moved to approve the amended meeting minutes of July 6, 2011; seconded by Lauren McKean; passed 5-0.
Terry Gips moved to adjourn at 7:05 pm; seconded by Trudy; passed 5-0.
Respectfully submitted,
Christine A. Bates, Committee Secretary
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