Approved ~Conservation Commission
Date: July 18, 2012
Time: 4:00 pm
Location: Town Hall
In attendance: Co-Chair Terry Gips, Co-Chair Trudy Vermehren, Ginie Page, Lauren McKean, Ed Simpson, and John Portnoy. Staff: Hillary Greenberg-Lemos and Christine Bates
Regrets: Cary Rea
4:00 - Business Meeting & Conservation Agent's Report
Agent Greenberg stated that in the future, all Jurisdictional Opinions will be posted on the agenda to adhere to the Open Meeting Law requirement. It was noted again that all documents presented as part of a hearing must be listed in the meeting minutes.
Denny O’Connell stated they did not receive a state grant for the Clover area; however, they received a CPA grant, which stipulated no pavement be placed on the property. He requested a Conservation Commission approval for a restriction to eliminate paving. Ginie Page recused herself. Trudy Vermehren moved to approve a conservation restriction for the Clover property; seconded by Ed Simpson; passed 5-0.
Patterson property: an enforcement order was issued regarding the removal of the unpermitted bulk head extension (Map 35, Parcel 115). Mark Burgess represented the applicant, stating he had submitted a letter for clarification and also a protocol written by the contractor how the work will be performed. A bobcat would be used to remove the 35 sheets of the revetment extension. Natural Heritage is concerned with turtle nests and informed Burgess if it is determined there is no habitat, the work can proceed. An alternative is to have Don Lewis review the area. If there are turtles, Natural Heritage stated they would like to have the work postponed 118 days past the end of July. The Commission recommended Don Lewis make a visit. John Portnoy recommended waiting until October when the marsh grass is dormant. There was
discussion regarding the manner in which the sheets would be removed and at what location. Lauren McKean stated there are a variety of matting materials to use for the bobcat to protect the marsh grass. She also stated the Army Corps may have to get involved for the matting because it is considered temporary fill. Burgess will take a measurement to see if the bobcat can perform the work and not go over the marsh grass and he will also contact Don Lewis for his review regarding the turtles. Burgess will come back to the August 1, 2012 meeting.
120 Blue Heron Road Jurisdictional Opinion: remove four trees. After making an inspection, it was determined three trees could be removed Trudy Vermehren~moved to allow the removal of 3 trees; seconded by Ed Simpson; passed 6-0.
Agent Greenberg-Lemos stated Americorps would like to do a carpentry project in Wellfleet and that construction of canoe and kayak racks would be an appropriate project. She recommended a plan be sketched for the canoe/kayak racks for town landings. The work would be performed September 2012.
Trudy Vermehren recommended the compost pile at the DPW be tested and aged properly and possibly be used on town owned land.
MAIL: Correspondence: Jeffrey Hughes, Herring Warden, requested Agent Greenberg write letters to the National Seashore to determine ownership of property under some of the culverts as well as a letter to the Herring River Committee regarding possible poaching in the estuaries of the river.
Lauren McKean stated the river bottom determines ownership: In salt water, if it is navigable it would be state owned lands. Otherwise, it is owned by the river’s abutters.
Terry Gips recommended having town counsel come to clarify details of the open meeting laws or have a telephone conference.
Public Hearings 5:00 pm:
Wilson, 56 Indian Neck rd., Map 28, Parcel 48, Certificate of Compliance. Agent Greenberg-Lemos stated the project is in compliance. Ginie Page moved to grant the Certificate of Compliance; seconded by Ed Simpson; passed 6-0.
Doyle, 330 Seaview Rd., Map 24, Parcel 22, Certificate of Compliance. Lauren McKean recused herself. Ed Simpson stated this is in compliance. Ginie Page moved to issue the Certificate of Compliance; seconded by Ed Simpson; passed 5-0.
Yankelovich, 374 King Phillip Rd., Map 35, Parcel 182, Certificate of Compliance. Agent Greenberg stated the project is in compliance and there will be ongoing conditions. Trudy Vermehren moved to approve the Certificate of Compliance; seconded by Lauren McKean; passed 6-0.
Greenberg, 50 Anawan Rd., Map 28, Parcel 24, RDA, replace driveway. Gordon Peabody represented the applicant and gave an overview of the project, stating a storm water system has been developed. The current driveway is on a steep slope and step swales have been designed along the uphill side of the driveway. The driveway will be replaced in kind (pavement and gravel). There are terrapin nests on the uphill side of the driveway and it was recommended MA Audubon design turtle gardens. Snow plowed during the winter months would be placed on the swale area. Lauren McKean recommended placing sand in the interim breaks of the swales instead of gravel. Agent Greenberg-Lemos recommended construction take place in October. Peabody will send measurements of the width and length of the driveway. Ed
Simpson identified the RDA as a Negative 3; seconded by Trudy Vermehren; passed 6-0 with conditions.
Cape Cod Nat’l Seashore, Long Pond Rd., RDA, Install split rail fencing. Lauren McKean recused herself. Agent Greenberg-Lemos spoke on behalf of the National Seashore as requested by George Price. She gave an overview of the project which includes five parking places and fencing to delineate the parking locations in order to protect the environment. The National Seashore did not want to address bathroom facilities or provide trash bins The Commission expressed concerns that the vehicles will cause potential pollution and environmental harm. Agent Greenberg-Lemos was also concerned about the parking lot configuration and whether users will adhere to it. No information was provided on management or monitoring of the parking. Several property owners around Long Pond who
attended the meeting, questioned the pollution issue, and safety on the driveway and on Long Pond Road. Algae in the pond was noted as a possible result of increased use by humans. They suggested that an environmental impact study be performed. They also raised questions regarding management of the parking and impacts on wildlife, water quality. Agent Greenberg-Lemos stated the commission cannot respond to questions from the audience on behalf of the National Park. It was noted the original large public parking lot at Long Pond was moved to the other side of the road because of pollution to the pond. The work was done in a collaboration between the town and the park. Terry Gips moved to have Agent Greenberg-Lemos contact George Price of the National Seashore, provide him with the concerns of the abutters and the commission, and request him to withdraw this request as well as continue the hearing to August 1, 2012; seconded by Trudy Vermehren, passed
5-0.
LaPointe, Indian Neck area, RDA, aquaculture grant. The applicant stated he acquired the grant in a transfer and there have been some additional trades of territory. The original grant was never registered. Agent Greenberg-Lemos stated all paperwork has been received. Trudy Vermehren identified this as a Negative 2; seconded by John Portnoy; passed 6-0.
Day, 118 Spring Brook Rd., Map 47, Parcel 31, RDA, install above ground pool (Cont’d from 06/20/12). The meeting minutes of 06/20/12 were read and Laurie Day stated she consulted with Tim Brady, who provided a letter with recommendations. The commission requested an addition to the letter stating the above ground pool would be within 200 feet of a river. Trudy Vermehren moved to identify this as a Negative 2; seconded by Ed Simpson; passed 6-0.
Menengas, 30 Old Pier Rd., Map 23, Parcel 199, RDA, Septic Upgrade. Tim Brady represented the applicant and gave an overview of the project. The septic tank and some of the piping is within the ACEC. Trudy Vermehren identified this as a Negative 2; seconded by Ed Simpson; passed 6-0.
Rispoli, LLC, 15 LeCount Hollow Rd., Map 30, Parcel 22, Amended Order of Conditions for deck and additions. Attorney Ben Zehnder, Phillip Rispoli, and Alan Cabral from Felco, Inc. introduced themselves. The meeting minutes of June 16, 2012 were read and Attorney Zehnder stated they do not have finalized plans and requested an itemized list of what the commission wants. Zehnder gave an overview of the expanded deck and walkways and he will get a copy of the original planting plan submitted by Coastal Engineering. The Commission stated the lawn looks larger than what was originally proposed and requested some of the lawn area be reduced along the bank of the freshwater wetland to the north which will bring natural habitat back to the area. The Commission also requested the reduction of
fertilizers and pesticides. Attorney Zehnder gave an overview of what they will be presenting to the Zoning Board of Appeals. Ginie Page moved to continue to August 15, 2012; seconded by Trudy Vermehren; passed 6-0.
Emmons, 119 Hamblen Farm Rd., Map 19, Parcel 13, NOI, well and septic upgrade (Cont’d from 06/02/12). Lauren McKean and John Portnoy recused themselves. David Lajoie represented the applicant and stated there are three creeks which run into the Herring River. He reviewed the regulations for the riverfront. He stated there will be less than 10% disturbance of entire lot area and he will provide mitigating plantings He stated there is not a significant economic impact with dividing the property and constructing an additional dwelling. He stated the Board of Health approved a total of five (5) bedrooms on the two lots. He stated there is a proposed 24’ x 24’ cape dwelling on the newly developed parcel. Debbie Freeman of the Friends of Herring
River, read a letter which had concerns with interference with the Herring River restoration. Abutters Sarah James, Susan Anthony and Cushman Anthony expressed concerns regarding water pollution, wetland protection, vegetation, the addition of a three bedroom dwelling to the area, the amount of upland for building, and added use of the land. The commission requested the applicant provide different alternatives such as locating the house closer to the setbacks. Attorney Zehnder stated he would like to have a discussion with the applicant. Terry Gips moved to continue to August 15, 2012; seconded by Trudy Vermehren ; passed 4-0.
Lay, 335 Forrest Rd., Map 16, Parcel 612, NOI, replenish beach with sand. Lauren McKean recused herself. Chet Lay stated they have not received a reply from MESA. He stated they had brought in sand for the beach area in the past and want to bring in clean sand. A letter from the Seashore was read into the record. Trudy Vermehren moved to continue to 08/01/12; seconded by John Portnoy, passed 5-0.
Lee, 19 Old Chequessett Neck Rd., Map 14, Parcel 72, NOI, demolish and rebuild dwelling, new well and septic upgrade. At the request of the applicant, Terry Gips moved to continue to 08/01/12; seconded by Trudy Vermehren ; passed 6-0.
Zimmerman & Shleifer, 100 Way #26, Map 18, Parcel 3, NOI, demolish and rebuild dwelling. Lauren McKean recused herself. John O’Reilly represented the applicant along with an architect and landscape architect. O’Reilley gave an overview of the property and the project which included the orientation of the dwelling, a landscaping plan, utilizing the same septic system and well. He stated he does not feel the location of the house, which would be 75’ away from the dune, would impact the coastal bank. The architect stated the house was sited to fit into the existing vegetation and trees on the property within a clearing. O’Reilley stated they would be improving the property. Agent Greenberg-Lemos stated she would require square footage for
regrading and disturbance. The landscape architect described her design for the paths and stated they want to revegetate as much as possible in the area. There was discussion regarding vista pruning. Terry suggested taking out trees and replant with something that will not grow tall but still maintain habitat. Terry Gips moved to continue to August 1, 2012; seconded by Ginie Page; passed 5-0.
Brimm, 160 3rd St., Map 40, Parcel 102, NOI, shorefront revetment (Cont’d from 06/20/12). Don Munroe of Coastal Engineering made a power point presentation representing the Brimm’s and 2 Ctr Plaza Nominee Trust. The NOI was filed in February 2012.~ He stated they have done beach nourishment, tried various solutions, etc. He gave an overview of the various meetings, the requested information from the commission as well as abutters, etc. Natural Heritage will be getting the same presentation next week. Peter Rosen, Coastal Geologist, gave a history from the 1800’s to the present, identifying the shifts in the coastal bank and dunes.
Attorney Duane Landreth, representing 2 Ctr Plaza Nominee Trust, stated there will be compliance with local and Natural Heritage conditions.
Don Munroe stated the proposed revetment will slope down and end up under the sand. There is ongoing rising in sea levels, and the engineering of this structure will not be under cut. After viewing examples of salient and sand movement, along with data, Don Monroe stated revised plans will be presented based on the findings of Natural Heritage. Bob Prescott of MA Audubon, stated he had further questions and comments and was advised they could be addressed at the next meeting. Attorney Landreth stated he wanted to hear what MA Audubon wanted and wants to know what mitigations they would want. Terry Gips moved to continue to 08/01/12, seconded by Trudy Vermehren; passed 6-0.
2 Ctr Plaze Nominee Trust, 150 3rd St., Map 40, Parcel 98, shorefront revetment (Cont’d from 06/20/12) To be continued to 08/01/12.
Terry Gips moved to adjourn at 9:00; seconded by Trudy Vermehren ; passed 6-0.
Respectfully submitted,
Christine Bates. Committee Secretary
Public Records Materials:
Rispoli plan identifying original approved decking and expansion made without approval
Conservation Restriction paperwork for Clover property
Letter from East Cape Engineering, Inc. dated 07/09/12 regarding 118 Spring Brook Rd pool
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