Approved Meeting Minutes
Conservation Commission
Date: June 6, 2012
Time: 4:00 pm
Location: Town Hall
In attendance: Co-Chair Trudy Vermehren, Ginie Page, Lauren McKean, Ed Simpson, and John Portnoy. Staff: Hillary Greenberg-Lemos and Christine Bates
Regrets: Terry Gips and Campbell Rea
4:00 - Business Meeting& Conservation Agent's Report
Co-Chair Trudy Vermehren called the meeting to order at 4:03 pm.
Jurisdictional Opinion:
Town of Wellfleet and National Seashore: Duck Pond Restoration/Repair Place biodegradable jute and install signage, possible split rail fencing and snow fencing out of the buffer one. Lauren McKean recused herself from the vote. Ginie Page moved to approve the Jurisdictional Opinion; seconded by Ed Simpson; passed 4-0.
National Seashore: Long Pond:~ Lauren McKean recused herself. This is an interim measure to protect vegetated beach area and install split rail fencing 50’ from the pond to keep cars away from pond edge or place boulders in the area. On July 18, 2012 a more permanent solution will be identified by the National Seashore. John Portnoy moved to have the agent send a letter to the National Seashore requesting the gate remain closed and locked to prevent vehicle entrance; seconded by Ginie Page; passed 4-0. The Commission wants to see the proposed plan prior to making any decision on the Jurisdictional Opinion.
Lauren McKean provided data on 50 years of studies on Duck Pond water quality (Secci data).
Mail:
Letters from Agent Greenberg-Lemos to Valli and Dixon. Dixon’s attorney responded to Agent Greenberg-Lemos and told her a site plan will be provided.
Letter from Alison Palmer regarding vehicles parking on the beach. Agent Greenberg-Lemos wrote a response letter to Ms. Palmer
Agent Greenberg-Lemos stated there are some shell fishermen creating new paths and vehicle access with shells for access to their grants. She had a conversation with an individual stating this was illegal. The Commissioners will make a site visit on July 18, 2012 to the area to determine what solution(s) might be acceptable
Ed Simpson stated he received a phone call regarding a project on Samoset, which Ed is the supervisor. Ed stated the contractors are not communicating with the supervisors. and would like the contractor(s) to be reminded of their responsibility to contact the supervisor(s).
Trudy Vermehren moved to approve the amended 05/02/12 meeting minutes; seconded by Lauren McKean; passed 5-0.
Lauren McKean moved to approve the amended 05/17/12 meeting minutes; seconded by John Portnoy; passed 5-0.
In response to a request from John Portnoy at the 05/17/12 meeting, Lauren McKean stated the ownership of the land where Old Kings Hwy crosses Herring River is owned by the Hamburger family from the center of the road east and from the center of the river South and owned by the National Park Service from the center of the road west and North of the center of the Herring River.
Public Hearings 5:00 pm:
Day, 118 Spring Brook Rd., Map 47, Parcel 31, RDA, above ground pool. Lori and James Day gave an overview of their proposal. There was discussion regarding the grading of the property which was previously disturbed. The commission recommended crushed stone (locally called 'Process') for the base. The area around the pool will be extended approximately 2 feet out with stone. There was discussion about a timber wall, removing some fill and locating the pool at the lowest elevation. Because the property is located near a creek, the commission recommended the applicant get a site plan identifying the grade, the buffer zone setbacks, etc. Ginie Page moved to continue to July 18, 2012; seconded by Lauren McKean; passed 5-0.
Rispoli Ventures, LLC (PB Bistro), 15 LeCount Hollow Rd., Map 30, Parcel 22, AOOC, expanded first floor covered deck and proposed brick sidewalk within buffer zone. Alan Cabral from Felco Engineering represented the applicant and provided a brief history of the previous hearings and the Order of Conditions. He stated the applicant built beyond what was approved. A plan was distributed identifying the additional 125 square feet of covered deck which was not approved. The sidewalks were not on the original plans. Agent Greenberg-Lemos pointed out the condition for replanting, which was part of the mitigation (from an earlier plan), was not followed. There was discussion regarding the size of the walk-in cooler, the decking and stairs which were to be used for maneuvering from the basement to the deck
area. Cabral stated they do utilize the stairs and decking for moving food. There has been some dumping (sand and miscellaneous materials) over the bank behind the building, construction of additional walkways, and improper plantings. John Portnoy recommended replacing the exotic plantings and some of the grass to enlarge the area of native vegetation along the bank. Agent Greenberg-Lemos suggested Attorney Zehnder and Mr. Rispoli attend the next meeting. The commission requested the applicant provide information regarding the sidewalks and a full plan identifying the plantings which were a condition. The commission stated they are very upset with all the violations. Trudy Vermehren moved to continue to July 18, 2012; seconded by Ed Simpson; passed 5-0.
Tesson,~Shellfish grant (Cont’d from 06/06/12). Natural Heritage responded and approved the grant in the Indian Neck area. Lauren McKean identified the project as a Negative 2; seconded by Ed Simpson; passed 5-0.
Russell, 200 Lt. Island Road, Certificate of Compliance: septic system. Trudy Vermehren moved to approve the Certificate of Compliance; seconded by John Portnoy, passed 5-0.
Emmons,~119 Hamblen Farm Rd., Map 19, Parcel 13, NOI, new wells and septic upgrade (cont’d from 06/06/12. Lauren McKean moved to continue to 07/18/12, seconded by Ginie Page, passed 5-0.
Brimm,~160 3rd~St., Map 40, Parcel 102, NOI, shorefront protection (Cont’d from 05/02/12)
Trudy Vermehren moved to continue to 07/18/12; seconded by John Portnoy; 5-0.
2 Center Plaza Nominee Trust,~150 3rd~St., Map 40, Parcel 98, NOI, shorefront protection (Cont’d from 06/06/12). Trudy Vermehren moved to continue to 07/18/12; seconded by John Portnoy, passed 5-0.
5:08 pm
0 Blackfish Creek Discussion:
Mark Burgess introduced himself who represents five applicants. Jim O’Connell, consultant at the request of the Commission, provided an overview of the study he performed for the site. He stated he wanted to hold the project to the highest standards. He identified all the aspects to be reviewed including endangered species, coastal~dune, area for shellfish, salt marsh, barrier beach, etc. He stated there is a coastal bank, on the Wellfleet outwash plains, which is a critical sediment source. Because it is armored, there are impacts. He stated the erosion rate on the bay side is approximately 1 foot per year, which differs from the information provided by Burgess. He stated the plans need to identify all the resources. He stated the proposed plan will expose the stones in 10 + years.~ He stated the fiber rolls will
inhibit habitat. There was discussion regarding nourishment of the proposed revetment and the wave action in the area causing scouring. O’Connell stated one alternative to the project would to stop the bulkhead at the end of the authorized bulkhead and not continue it. The area where there is scouring should be the feeder source and could be lined with fiber rolls and filled with sand. He also stated that due to the low rate of erosion, leave(leaving) the bulkhead as it is and filling the scouring area with sand (is an option). (Using the historic rates of erosion specific to the site,) he doesn’t feel the dwellings are in jeopardy for at least a couple of decades. The third alternative is to remove the bulkhead altogether and let nature take its course to go back to its natural state. The bulkhead is in an initial state of failure. He stated it would take several years for the area to equal itself out to the natural state. He stated
he does not feel it is very high wave environment and recommends ending the bulkhead/revetment where it is permitted and using the fiber rolls in the area of scour at the end. He stated there will be impacts with any of the proposals due to the vehicles for any construction. He recommended there be an escrow account set up for nourishment. He feels a new revetment would impact the environment with construction impacts more than repairing the existing bulkhead. He recommended nourishing the scarp area from above and over the bank. He recommended removing the unauthorized bulkhead immediately because it is causing more erosion.
(There was mention of a walkway along the top of the revetment should the bulkhead be replaced with a rock structure.)
Mark Burgess stated there is some history of the bulkhead in that the town has not always owned it. He stated that removing the bulkhead would be good in the long term. He stated DEP told them they would not approve repairing the bulkhead because it is in a V zone He stated putting nourishment on top of the revetment is better than putting it on the bulkhead because it would last longer. He stated if repairing or rebuilding the bulkhead is the chosen option, the applicants have no problem with that. To summarize the options, he stated if the bulkhead is chosen, they are okay with that because would be less equipment and less materials involved. Burgess stated he will contact Natural Heritage because the Commission is waiting for their reply.
Mr. Wright gave an overview of the history of the properties and the owners in the area.
Trudy Vermehren moved to continue the five applications to 08/01/12; seconded by John Portnoy; passed 5-0 Trudy Vermehren moved to order the unauthorized section of the bulkhead be removed immediately; seconded by John Portnoy; passed 5-0. Burgess stated it is hasty to decide this now because the rest of the project has not been decided The commission was in favor of removing the unauthorized bulkhead. Burgess recommended renourishing behind the bulkhead and waiting. O’Connell stated it is impacting the area and stated he would not have a problem if they used compatible sand on a temporary basis. Agent Greenberg-Lemos stated there is no mechanism to ensure nourishment and that the commission cannot require renourishment without proper permitting. The Commission voted 5-0 to remove
the unauthorized bulkhead.
Wright, 0 Blackfish Creek, Map 35, Parcel 210, NOI, replace timber bulkhead with rock revetment (Cont’d from 06/06/12).
Henrickson, 0 Blackfish Creek, Map 35, Parcel 210, NOI, replace timber bulkhead with rock revetment (Cont’d from 06/06/12) Continued to 08/01/12.
Wales, 0 Blackfish Creek, Map 35, Parcel 210, NOI, replace timber bulkhead with rock revetment (Cont’d from 06/06/12) Continued to 08/01/12.
Patterson, 0 Blackfish Creek, Map 35 Parcel 210, NOI, replace timber bulkhead with rock revetment (Cont’d from 06/06/12) Continued to 08/01/12
Comly, 0 Blackfish Creek, Map 35, Parcel 210, NOI, replace timber bulkhead with rock revetment (Cont’d from 06/06/12) Continued to 08/01/12
Trudy Vermehren moved to adjourn at 7:20 pm; seconded by Lauren McKean; passed 5-0.
Respectfully submitted,
Christine Bates. Committee Secretary
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