Minutes of Conservation Commission Public Meeting
Date: February 15, 2012
Time: 4:00 pm
Location: Town Hall
Commissioners Present:Co-Chair Trudy Vermehren, Terry Gips, Ginie Page, Lauren McKean, Campbell Rea and Ed Simpson
Staff Present: Hillary Greenberg-Lemos
4:00 - Business Meeting & Conservation Agent's Report
Co-Chair Trudy Vermehren called the meeting to order at 4:00 pm
Alison Palmer of Lookout Road attended the meeting to discuss the continued occurrence of shellfishermen driving and parking their vehicles on Old Wharf area beach property owned by Wellfleet Conservation Trust. Denny O’Connell, president of the Trust, also participated in the discussion. Agent Greenberg-Lemos stated much effort had gone into resolving this problem in the past and that warnings had been given to violators. She also stated that it was difficult to monitor the location every day at the time of low tides. She explained that Commission and the Shellfish Warden can issue $200 (daily) citations and that the Selectmen have the authority to revoke shellfish licenses. Further discussion took place regarding various avenues of enforcement and prevention such as placing boulders
at the beach access point to stop vehicles. Agent Greenberg-Lemos stated they would be willing to make a site visit to determine where boulders could be placed in the future. She also agreed that she and Denny O’Connell would meet again with Andy Koch to see if enforcement can be revived and that citations be issued
Organic Land Management Regulations: Peter Stewart distributed copies of the proposed by-law he has drafted. He is planning to present the proposed by-law as a petitioned article at the spring Town meeting and sought feedback from the Commission. The by-law would regulate the use of chemical fertilizers and pesticides on Town owned land but not private property since the Town has no legal authority to do so. Terry Gips moved to support the by-law/article by writing a letter; seconded by Ed Simpson; passed 6-0.
Agent Greenberg-Lemos reported Attorney Ben Zehnder will file for an Amended Order of Conditions on PB Boulangerie and Bistro..
Jurisdictional Opinions:
· 460 Old Schoolhouse Rd, Remove 4 pine trees at various locations on the property, Terry Gips moved to approve the Jurisdictional Opinion with the condition the trees be removed from the property by accessing the trees from the road; seconded by Ed Simpson; passed 6-0.
· 230 Lt Island Rd., Harvest downed salt marsh hay on land, and remove debris washed ashore. The applicant also wanted the town to alter the storm drain; the Commission suggested that he could cover the pipe with salt hay mulch but that no alteration could be done. The Commission also ordered the applicant to remove the sand that had been dumped on his bank and that he not proceed with any work to fill around the house or elsewhere on the property. The Commission requested the brush piles at the marsh edge be removed and burning will be prohibited at this site. Terry Gips moved to approve the Jurisdictional Opinion; seconded by Campbell Rea;
passed 6-0; passed 5-0.
Public Hearings 5:00 pm:
Mondano, 387 Bound Brook Way, Map 6, Parcel 11, NOI, coastal dune restoration, relocation of driveway, propane tank and utility line and grading. (cont’d from 01/04/12)
At the request of the applicant, Trudy Vermehren moved to continue to April 4, 2012; seconded by Campbell Rea; passed 6-0.
Emmons, 119 Hamblen Farm Rd., Map 19, Parcel 13, NOI, new wells and septic upgrade. David Lajoie represented the applicant and gave an overview of the project.
There was discussion regarding the number of bedrooms on the property and the setbacks. The Commission was confused with the plans which called for two wells and two septic systems and thus, implied that there were plans to subdivide the property and undertake additions to or expansions to the cottage and the dwelling. The dwelling and cottage were built in 1927. There was discussion of the wetland delineation behind the dwelling. Soil testing was request ed. David Lajoie stated he would like to go to the Board of Health regarding the septic and wells. Terry Gips moved to continue March 21, 2012; seconded by Ed Simpson; passed 6-0.
Fromboluti, 460 School House Hill Rd., Map 4, Parcel 34, NOI, septic upgrade. Lauren McKean recused herself. David Lajoie represented the applicant and gave an overview of the project. There are issues with the level of the ground water. Dewatering will be required during the septic system installation. Discussion took place regarding the coordination of tree removal with the septic installation to reduce impact on property. Terry Gips moved to approve the NOI; seconded by Ed Simpson; passed 5-0.
Wise, 445 King Phillip Rd., Map 35, Parcel 190, NOI, Septic upgrade. David Lajoie represented the applicant and gave an overview of the project. Ed Simpson moved to approve the NOI; seconded by Ginie Page; passed 6-4.
Cook, 149 Bayberry Lane, Map 41, Parcel 119, RDA, prune trees. No representative came to the table. Terry Gips moved to continue to March 7, 2012; seconded by Ed Simpson; passed 6 – 0.
Brimm, 160 3rd St., Map 40, Parcel 102, NOI, shorefront protection . Brimm and 2 Center Place Nominee Trust were opened together (abutters). Jay Norton of Coastal Engineering and Attorney Duane Landreth represented both applications. Norton gave a history of the coastal area, stating the Brimms have an existing revetment. A soft solution was tried but the high velocity of wave energy, it was not successful. NHPS has not responded as yet and Agent Greenbergo-Lemos stated the Commission wants to get their response.
Norton explained the project will include both rocks and soft solutions. The current revetment would be buried, providing a habitat for the turtles. Attorney Landreth gave a background of the two properties, the one being purchased recently by a firm, and the legal actions that went on for several years with the previous owner. A temporary road would be created to bring in the materials. The Gorfinkles, abutters, wrote a letter expressing concerns about a walking path to the beach, and that roads be returned to their original condition. The abutter wanted access through private property to the beach, and Agent Greenberg-Lemos stated the commission does not have the jurisdiction to mandate that request due liability, costs involved, etc. Sam Carpenter, abutter, stated the road
conditions on Lt. Island are not very good at the present time. Terry Gips stated the ends of the revetments are always a challenge and require renourishment, especially where the property lines are located. Terry Gips recommended artificial reefs made of concrete but that is an Army Corp subject. Sam Carpenter gave the history of the sand movement in the area and also stated he was not formally notified of the hearing. Norton and Landreth acknowledged the oversight. There was discussion regarding jetties (groins), which would come under Army Corp jurisdiction. It was recommended fiber rolls be used on the ends which would force the owners of the properties to renourish the sand. Ending coir rolls at 15’ from property line was requested. Norton will provide the location of the shed. A letter from abutter Bruggenon requested beach access. Terry Gips moved to continue both hearings to 3/7/12; seconded by Cary Rea; passed
6-0.
2 Center Plaza Nominee Trust, 150 3rd St., Map 40, Parcel 98, NOI, shorefront protection. (see Brimm notes)
Trudy Vermehren moved to adjourn the Public Hearing; seconded by Terry Gips; passed 6-0.
Business meeting reopened
Jurisdictional Opinions
65 Holbrook Ave, clean up damaged trees and willow tree. Marsh mats to be used if machine is to leave the driveway and enter the marsh. Trudy Vermehren moved to approve the Jurisdictional Opinion; seconded by Terry Gipps; passed 6-0.
16 Pleasant Point Landing, removing 3 locust trees, remove stumps, branches overhanging house. Trudy Vermehren moved to approve the Jurisdictional Opinion; seconded by Ginie Page; passed 6-0.
146 Pleasant Point Landing: Trees overhanging neighbor’s dwelling. Property lines were verified. Campbell Rea moved to approve the Jurisdictional Opinion; seconded by Ed Simpson; passed 6-0.
Whitman, 65 Chequessett Neck Rd. replace set of stairs at same location. Ginie Page moved; seconded by Ed Simpson; passed 6-0.
Trudy Vermehren moved to adjourn at 6:55 pm; seconded by Ginie Page, passed 6-0.
Respectfully submitted,
Christine Bates
Committee Secretary
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