Minutes of Conservation Commission Public Meeting
Date: September 7, 2011
Time: 4:00 pm
Location Town Hall
Commissioners Present:~ Co-Chair Terry Gips, Co-Chair Trudy Vermehren, Ginie Page, and Ed Simpson
Regrets: Lauren McKean
Staff Present:~ Hillary Greenberg-Lemos, Andrew Petty and Christine Bates
4:00 - Business Meeting & Conservation Agent's Report
Terry Gips called the meeting to order at 4:05 pm.
The commissioners introduced themselves to Campbell Carey Rea, a potential commission member.
Agent Greenberg-Lemos shared a letter to be sent to John DiBlasio, thanking him for his service to the Commission.
A letter to the Governor supporting the Herring River Restoration project was signed by the Commission. Ginie Page moved to approve signing the letter; seconded by Trudy Vermehren; passed 4-0.
The Commission will have a pot luck lunch on Sept. 21 at 12:30 pm.
Disposition of Town Owned Land.~ Agent Greenberg-Lemos stated none of the properties border resource areas. Therefore, the Commission has no comments.
Agent Greenberg-Lemos has reviewed the draft brochure and is pleased with the results.~ Terry Gips will supply additional photographs.
The non-resident taxpayers may support the funding for mailing. The Land Management Grant was mailed to Barnstable County for Cannon Hill.
The Conservation Trust is having their annual walk on Saturday, Sept 17, 2011.
Mail:~ Celebrating 40 years Sea Grant for University of RI of which Co-Chair Terry Gips received a grant for art work.~ An article in the Cape Codder of August 26 identified a Board of Selectmen hearing to be held at Eastham regarding boats on the resources.~ Eastham is moving forward with regulating boats on Town owned property by having the boats get a sticker through the town.~ Any that are left on the beach would be~ auctioned off that are not claimed.~~ The Commission discussed the possibility of doing a similar program by notifying residents in the town of the program, issuing tickets and determining a date to have the boats removed from town owned land.~ This could also be coordinated with the Selectmen, the Beach office and the Police department.~ Agent Greenberg-Lemos will call the Town of Eastham and
draft a letter to the Board of Selectmen with a proposal to regulate boats on town owned land.
Agent Greenberg-Lemos stated she was a part of a telephone conversation with Gastalders/Sieloff~ regarding degradation of resources from Jack’s Boat Rental on Gull Pond.~ The Gastalder’s stated they have seen toilet paper and diapers in the area, although there is no proof there is a connection with Jack’s Boat Rental. As Agent Greenberg-Lemos pointed out, there is not a water quality issue with Gull Pond. Ed Simpson pointed out that our beaches at the ocean do not have showers available for the public and people frequently go to the fresh water ponds to rinse off.
Jurisdictional Opinion: 40 Way 35 (off Briar Lane) remove one large dead pine tree Andrew Petty stated he made a site visit and concurred the tree should be removed. Ginie Page moved to approve the Jurisdictional Opinion; seconded by Ed Simpson; passed 4-0.
Andrew Petty questioned what policy the Commission wants to following with storm damaged tree removal after an event such as a hurricane or high winds. This would pertain to trees that fall within the 100 foot buffer zone. He stated NStar has the right to move trees at any location to reinstate power, both on private and public property. The Commission would like to see a Jurisdictional Opinion filed, even after the fact. Petty stated he tries to make a site visit as soon as he receives a call.
Public Hearings 5:00 pm:
Ruggles, 30 Kendrick Ave., Unit 2, Map 20, Parcel 1, Certificate of Compliance. Andrew Petty made a site visit and the project is within compliance. Ginie Page moved to approve the Certificate of Compliance; seconded by Ed Simpson; passed 4-0.
Daly, 2095 Pond Ave., Map 41, Parcel 155, RDA, pruning. Ms. Daly was unable to attend the meeting, and requested the agent speak on her behalf. The Commission made a site visit and agreed the pruning would be acceptable. Petty suggested working with the contractor and advising them of the removal of the debris from the site. Terry Gips identified the project as a Negative 3; seconded by Ginie Page; passed 4-0.
Cooney, 3 Kendrick Ave., Map 21, Parcel 112, NOI, new dwelling (Cont’d from 08/17/11). Ginie Page stated she had read the 08/17/11 meeting minutes. Ben Zehnder, Chet Lay and architect Charles Orr represented the applicant. Chet Lay stated Emily Beebe was unable to attend the meeting and spoke on her behalf regarding the septic system. Chet Lay stated the revised plans identify all the requests the commissioners had made. The entry of the house has been changed. Zehnder stated the curved steel wall will not be taller than 6 feet. The deck will be 2 feet off the ground and the steps shown on the plan are incorrect. Ed Simpson moved to approve the NOI; seconded by Trudy Vermehren; passed 4-0 with conditions. Supervisor: Ed Simpson
Benevento, 124 Route 6, Map 47, Parcel 24, NOI, demolition of existing dwelling, construct new dwelling and pool (Cont’d from 08/17/11). Ben Zehnder and Keith Fernandez represented the applicant. Ginie Page stated she had read the meeting minutes of 08/17/11. Fernandez explained the updated site plan identifying the changes the commission had requested. He explained the fencing around the pool will keep any activity out of the 50 foot buffer zone.~ Zehnder stated the Zoning Board of Appeals gave their approval of the project.Trudy Vermehren moved to approve the NOI; seconded by Ed Simpson; passed 4-0 with conditions.~ Supervisor: Terry Gips
Yankelovitch, 374 King Phillips Rd., Map 35, Parcel 182, Extend rock revetment (Cont’d from 07/20/11). Gerry Preble represented the applicant. He stated there is a need to stabilize this property and provided pictures from 1997 to August 29, 2011, identifying the erosion. Additional pictures, dated Aug. 31, 2011, showed the erosion after the storm, Irene. He also provided supplemental material to the Commission about the history of the property. He stated due to the recent storm (Irene), the bank has become unstable. As Yankelovitch’s representatives, they are requesting emergency action through several Federal and State agencies, and they hope to be able to start construction by November 2011. The Army Corp of Engineers made a site visit and recommended a wall be installed; the permitting
timeframe for Chapter 91 as well as Federal and State permits will take more than 180 days, thus requiring interim emergency action, consisting of the construction of vertical wall of sheet pilings. Agent Greenberg-Lemos stated the commission would require a plan in order to issue an emergency certification and that DEP needs to see the plan because they had appealed a previous decision for a vertical wall in the V zone. The proposed vertical wall would not be removed but rather incorporated into the final revetment. The client’s representatives will be in contact with DEP and other agencies next week for the emergency certificate. Natural Heritage will have to be notified for the emergency certificate. The trees and vegetation, even though their roots were exposed by the erosion will not be removed because it is felt that would cause further destabilization. The representatives requested a break from this hearing to submit an emergency plan. Stan Humphries stated the Prager’s
abutters, do not object to the project.
Harborside Village Coop Corp., 20 Wellfleet St., Map 20, Parcel 19, NOI, Excavation, dewatering and discharge of clean water to allow for installation of treatment tanks associated with upgrade of the wastewater treatment plant. Maria Hollister and Dave Bennett gave an overview of the project, saying they have received DEP approval to move forward to add new components to the system. He stated everything is within the flood zone and gave an overview of the work that is required for the dewatering and discharge of the clean water. There will be approximately 100 gallons a minutes over a 24 hour period which will go into the marsh (Mayo marsh), totally over 1,000,000 gallons over a 30 day period. Bennett didn’t feel it would affect any of the low lying private properties. He identified the areas where the water
would be discharged and the materials that would be used to ensure no flooding. The public water supply wells were identified on the site plan which helped the commission determine where the water was going to be discharged. He stated there are no contaminants in the water. Agent Greenberg-Lemos stated the creek is very narrow and was concerned about back up of water in the Mayo marsh/creek. The septic plant will be off-line during the discharge of the water and work is anticipated during October. If the ground were saturated from a storm situation, the pumping could be stopped: this would be a condition of the NOI. Bennett stated there was pumping done in 2004 and there was no flooding at that time. Denitrification is a requirement of the state and the three components will enhance the system. Bennett stated revised plans will be sent to the Conservation Commission and Board of Health. DEP had not responded with a number. Trudy Vermehren moved to continue to 09/21/11; seconded by
Ginie Page; passed 4-0.
6:45 reopening Yankelovich. Stacy Minihane and Trey Ruthven identified the location of the sheet pile wall and stated fill would be placed behind the wall. The wall would be 6 feet high and Ruthven does not expect waves to go over the wall. This steel wall will be buried in the final revetment.~ Stacey stated the sewage disposal system is at the top of the bank and if there is another storm event, there is potential damage to the dwelling structure. Trey stated there is danger due to the angle of repose that the bank could shift or slide, creating additional erosion to the entire bank, which could be a safety and health issue. Stacy said the leaching field is within 9 feet of the top of the coastal bank, the house is approximately 26 feet from the bank and the deck approximately 20 feet. There is no as-built septic system
plan on file in the Board of Health. Terry Gips moved to have the Conservation Agent issue an Emergency Certification and have Agent Greenberg-Lemos proceed with the required paperwork; seconded by Ed Simpson; passed 4-0.
Trey gave an overview of the full project to be undertaken after the emergency work. Trey provided approximate erosion rates and the reason for the curved design of the revetment.Trey stated they would be placing nourishment in the fall which would provide a sediment source for down drift properties. Trey stated there would be vegetation planted above the revetment to try and hold the bank, knowing it may be difficult due to the steepness of the bank. Stacy stated the application referenced an older number. Terry Gips moved to continue to September 21, 2010, seconded by Trudy Vermehren; passed 4-0.
Terry Gips moved to adjourn at 7:45; seconded by Ed Simpson; passed 4-0.~
Respectfully submitted,
Christine A. Bates, Committee Secretary
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