Approved
Conservation Commission Meeting Minutes
Date: April 18, 2012
Time: 4:00 pm
Location: Town Hall
Commissioners Present:Co-Chair Terry Gips, Co-Chair Trudy Vermehren, Ginie Page, Lauren McKean, Ed Simpson, Campbell Rea, and John Portnoy
Staff Present: Hillary Greenberg-Lemos and Christine Bates
4:00 - Business Meeting & Conservation Agent's Report
Co-Chair Trudy Vermehren called the meeting to order at 4:05 pm.
Agent Greenberg-Lemos stated there had been some concerns from abutters to the Eurich property at Chequessett Neck Road. Gordon Peabody is currently supervising at the site and serving as compliance monitor until Wilkins Ecological Design arrives to begin vegetating the site in the next week or two. Peabody stated he reviewed the conditions with Eurich and there have been daily repairs to those not in compliance. He stated the majority of the work is complete and heavy equipment will be off the property in the next few days. He recommended removing the straw bales which are decomposing and replacing them with biologs. He gave an overview of the material breakdown of the biologs as well as their uses and length of useful time. He recommended leaving the silt fencing in place until work is complete. There was a question
about how the soil to be placed on the roof for the living garden would be moved onto the site and lifted up to the roof. Coastal Engineering will be supplying an updated site plan verifying what is on the property. Terry Gips moved to approve removing the straw bales and replacing them with biologs; seconded by Ed Simpson; passed 6-0.~ (Lauren McLean recused herself).
Tim Brady and Emily Beebe came before the Commission to discuss the Certificate of Compliance for the Blasch property on Chequessett Neck Road. Beebe stated the Commission had concerns regarding the driveway runoff and the puddles on the road, as well as the survival of the beach grass revegetation. Brady stated the catch basins catch the majority of the water during hard rains and meet the engineering requirements and the order of conditions. Because there are no drains in the road, it puddles at the end of the driveway. The meeting minutes of 07/11/11 were read. Trudy Vermehren stated a test with a garden hose was performed and a good portion of the water was not going into the catch basin. Terry Gips stated there is a concern that during a heavy rain or storm, the water may go into the marsh which would be an impact to
the wetlands. Even though this driveway is not in the buffer zone, it is a relevant concern if the adjacent resource is affected. Brady stated he was there during a heavy rain and feels the driveway meets the standards for which it was designed. Beebe stated she has been looking for impacts on the property from driveway runoff. She does not believe any runoff is draining into the marsh. The shoulder on the marsh side of the road became available for parking when the applicant removed the telephone poles in response to the Commission’s request, so that terrapin turtles could access the area for nesting. Emily Beebe agreed to provide pictures to the commission regarding the puddle and water flow off the driveway. Beebe requested a site visit with the commission to review the vegetation on May 16, 2012.
An e-mail from Jack’s Boat Rentals was read by Agent Greenberg-Lemos. He is asking to install fencing himself and not wait for the work to be done by the Town. He stated that the fencing would be installed on the left side of the stairs to the water where fisherman are crossing the property. Agent Greenberg-Lemos and the commissioners agreed they are uncomfortable with Mr. Ferrara installing the fencing himself and recommended that Agent Greenberg-Lemos ask him to take his concern to the Town Administrator and that simultaneously Agent Greenberg-Lemos remind Mr. Sieloff that there was an agreement reached last year for the fence to be installed by DPW.
Agent~ Greenberg-Lemos reported Jay Dickson has been in contact with her and she gave an update to the commission. He has yet to provide a site plan and has been reluctant to take advice from her office. She stated she will start fining him if he does not provide the NOI.
Agent Greenberg-Lemos reported she sent letters regarding tree cutting on Pond Avenue off Pleasant Point Road, and a letter to Dennis Murphy for operating machinery.
Trudy Vermehren recommended the commissioners Google “topping trees” for additional information about various practices and recommendations.
Public Hearings 5:03 pm:
Emmons, 119 Hamblen Farm Rd., Map 19, Parcel 13, NOI, new wells and septic upgrade (Cont’d from 04/04/12).~ David Lajoie represented the applicant and requested an additional continuation to May 2, 2012.~ Ed Simpson moved to continue to May 2, 2012; seconded by Terry Gips; passed 7-0.
Stossel, 5 Samoset, Map 28, Parcel 186, Certificate of Compliance. Gordon Peabody represented the applicant and gave an overview of the project. He provided a draft version of some paperwork he produced regarding salt spray events and coastal vegetation. He stated native vegetation survived the salt spray event. Agent Greenberg-Lemos stated the project was completed within compliance. Ginie Page moved to approve the Certificate of Compliance; seconded by Lauren McKean; passed 7-0.~ There will be on-going conditions for beach nourishment and grass.
Morrissette, 70 Arey Lane, Map 36, Parcel 27, Certificate of Compliance (septic and well). Terry Gips moved to approve the Certificate of Compliance; seconded by Ginie Page; passed 7-0.
Brown, 5 Ben’s Way, Map 42, Parcel 64, Certificate of Compliance. (screened porch). The project is in compliance. Lauren McKean moved to approve the Certificate of Compliance; seconded by Campbell Rea; passed 7-0.
McLoughlin, 114 4th St., Map 40, Parcel 108, Request for Extension, beach stairs. Terry Gips moved to approve a two year extension; seconded by Ed Simpson; passed 7-0.
Linares, 50 5th Ave, Map 40, Parcel 49, RDA, topping/removing trees. Lee Clark and Evan Bruinooge represented the applicant. There will be two pine trees, one oak tree, and trimming of additional pines for water views. The commission recommended replanting bayberry for mitigation. Terry Gips identified the RDA as a Negative 3; seconded by Campbell Rea;
passed 7-0.
Meister, 295 King Phillips Rd., Map 35, Parcel 198, RDA, topping/removing trees. Lee Clark and Evan Bruinooge represented the applicant. Trudy stated the area is like a pine grove and very thick with no undergrowth. Terry Gips recommended thinning some branches and removing some of the smaller trees to allow ground cover and lower story trees. The Commission suggested that if a tree is cut down, it should be replaced with something else. Clark and Bruinooge will recommend the Meister’s look at a neighbor’s property where similar work that was approved by the commission. Terry Gips moved to continue to May 2, 2012; seconded by John Portnoy; passed 7-0.
Wise, 445 King Phillip Rd., Map 35, Parcel 190, RDA, removal of dead/live trees near dwelling.
David Lajoie represented the applicant and stated some of the trees are close to the house and others within the deck. Trudy Vermehren stated the commission determined which trees they wanted removed and requested others be saved. Terry Gips requested no heavy machinery be used. Terry Gips moved to identify this as a Negative 3; seconded by John Portnoy; passed 7-0.
Ehrlich, 10 Ridge St. Ext, Map 29, Parcel 381, RDA, septic upgrade. David Lajoie represented the applicant and gave an overview of the project, stating the property is very unique in that it is in the buffer zone, within the filter strip, and within the ACEC, alongside a marsh. Terry Gips moved to identify this as a Negative 3; seconded by Ed Simpson; passed 7-0.
Brimm, 160 3rd St., Map 40, Parcel 102, NOI, shorefront protection (Cont’d from 03/07/12)
At the request of the applicant, Terry Gips moved to continue to May 2, 2012; seconded by Laura McKean; passed 7-0. John Portnoy requested a second opinion on these projects and Agent Greenberg-Lemos will follow up by seeking a consultant.
2 Center Plaza Nominee Trust, 150 3rd St., Map 40, Parcel 98, NOI, shorefront protection (Cont’d from 03/07/12).~ At the request of the applicant, Terry Gips moved to continue to May 2, 2012; seconded by Laura McKean; passed 7-0.
Wright, 0 Blackfish Creek, Map 35, Parcel 210, NOI, replace timber bulkhead with rock revetment (Cont’d from 03/21/12). Mark Burgess represented the applicants (Henrickson, Wales, Patterson, and Comly). Burgess gave an overview of the revised plan for Comly and explained the use of the fiber rolls. Agent Greenberg recommended having the applicants share one landing and one set of stairs since it is on Town of Wellfleet land. Burgess stated the staircases have been there since the dwellings were built. Burgess stated DEP will not allow them to repair the existing bulkhead which is a vertical structure. Trudy Vermehren stated the bulkhead is not in bad condition. Burgess stated the bottom could kick out which would be a hazard. Burgess stated there are five applicants willing to fix the bulkhead which is town
owned. Terry Gips stated the Conservation Commission does not have the right approve revetments unless there is danger of erosion, which is not happening at this time, especially on the Comly property and would like to see a more modest solution. Burgess stated the town purchased the property with the stairways, etc. already on it. There was further discussion regarding repairing the current bulkhead, discussions and written comments from DEP, the alternative analysis, the possibility of the warrant being removed at Town Meeting, the issues regarding the stairs, and lack of information from Natural Heritage and DEP. Agent Greenberg-Lemos stated no houses are in jeopardy and this is one of the last grassy marshes left in town and would like to see renourishment considered rather than a stone revetment. She stated Patterson created the problems when he illegally constructed an incorrectly designed extension to the bulkhead for which he did not file an NOI. Agent Greenberg-Lemos
recommended the commission hire a consultant to review the application at the applicants’ expense.
Ara Ishkanian, abutter, stated Patterson did try to stop some of the erosion on his property, but he is not happy with the proposed revetment and is concerned with future erosion for other properties. Burgess stated the revetment will not be going any further into the water than the current bulkhead is now and he has had contact with Town Counsel regarding renourishment.
The Commission received a letter from abutter, Christopher Hohab, requested certain conditions should this NOI be approved. An e-mail from a neighbor, Ms. Santos, expressed concerns regarding town property and possible pollution to the marsh.
Burgess identified the landings and stairways for the properties and Agent Greenberg-Lemos stated there have been renovations to the existing stairs and no paperwork has been identified in the files. Burgess supplied photographs of the area from the earlier years.
Agent Greenberg-Lemos recommended waiting to get responses from all the agencies before hiring a consultant.~ Burgess stated he would like a letter from the Commission prior to Town Meeting, which the commission denied. Terry Gips moved to proceed to hire a consultant to provide the commission additional expertise for this project; seconded by Lauren McKean; passed 7-0. The applicants will be responsible for the costs.
Trudy Vermehren moved to continue to May 16, 2012; seconded by Terry Gips; passed 7-0.
Henrickson, 0 Blackfish Creek, Map 35, Parcel 210, NOI, replace timber bulkhead with rock revetment (Cont’d from 03/21/12) Continued to May 16, 2012.
Wales, 0 Blackfish Creek, Map 35, Parcel 210, NOI, replace timber bulkhead with rock revetment (Cont’d from 03/21/12). Continued to May 16, 2012.
Patterson, 0 Blackfish Creek, Map 35 Parcel 210, NOI, replace timber bulkhead with rock revetment (Cont’d from 03/21/12). Continued to May 16, 2012.
Comly, 0 Blackfish Creek, Map 35, Parcel 210, NOI, replace timber bulkhead with rock revetment (Cont’d from 03/21/12). Continued to May 16, 2012.
Trudy Vermehren moved to adjourn at 7:15 pm; seconded by John Portnoy, passed 7-0.
Respectfully submitted,
Christine Bates
Committee Secretary
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