Approved
Conservation Commission
Date: October 3, 2012
Time: 4:00 pm
Location: Town Hall
In attendance: Co-Chair Terry Gips, Lauren McKean, Ed Simpson, Cary Rea, and John Portnoy. Staff: Hillary Greenberg-Lemos and Christine Bates, Committee Secretary
Regrets: Co-Chair Trudy Vermehren and Ginie Page
4:00 - Business Meeting & Conservation Agent's Report
Lauren McKean moved to approve the amended 09/05/12 meeting minutes; seconded by John Portnoy; passed 5-0.
John Portnoy moved to approve the amended 08/15/12 meeting minutes; seconded by Ed Simpson; passed 5-0.
Jurisdictional Opinion: 325 Old Paine Hollow: prune dead and decaying limbs from black pines and structural pruning of an oak. The work will be performed by A to Z Tree Company. Cary Rea moved to approve the Jurisdictional Opinion; seconded by Ed Simpson; passed 5-0.
Jurisdictional Opinion: 11 Partridge Way: remove 2 pitch pines and replant with 10 beach plums, 20 virginia rose plants, and 20 bearberry. Ed Simpson moved to approve the Jurisdictional Opinion; seconded by John Portnoy; passed 5-0.
Jurisdictional Opionion: Oysterfest cultching: place oyster shells from the Oysterfest directly into the water at Mayo Creek/Duck Creek. Curt Felix stated cultching has been going on for the last 25 years and cultching increases the oyster population. A map was presented to the commission identifying the areas where cultching is performed in the harbor. Agent Greenberg-Lemos stated Natural Heritage may wish to provide input for the entire harbor and that there may be other issues regarding cultching overall, but this Jurisdictional Opinion is for the Mayo/Duck Creek area only. The Division of Wildlife and Fisheries approved the cultching for last year’s Oysterfest. Andy Koch, the Shellfish Warden, stated the procedures for identifying the source of all oysters harvested and sold at OysterFest
are much more stringent than in past years. Because of excellent spat set, the oysters last year and this year have numerous baby oysters attached to their shells. Therefore, it is important to get them back into the water as soon as possible. Cultching is not a fill issue, but a long standing oyster practice. Terry Gips moved that “The Commission finds no problem with cultching the OysterFest Oysters as it does not conflict with Wellfleet’s Environmental Bylaw or with the MASS Wetlands Protection Act. Therefore, the Commission has no objection to this action.” Seconded by Ed Simpson; passed 5-0.
Emergency Jurisdictional Opinion: Erosion into Herring River where it goes under Old Kings Highway: Jeff Hughes, the Herring warden, stated he would like to capture sand by placing straw bales and silt fencing to allow fish passage. Sand is washing into the stream at this area which prevents the fish from passing through unless he digs it out. He stated there is money in an account to purchase the straw bales and fencing. He may work with the DPW and John Portnoy will assist with the project. Based on research, the water is state land and the land is Federal Land. The commission will notify the National Seashore of the action. Terry Gips moved to approve the placement of straw bales and silt fencing; seconded by Cary Rea; passed 5-0. Before and after photographs will be taken.
Wastewater Draft: The commission reviewed the draft and made recommendations which will be forwarded to the Comprehensive Wastewater Committee. .
State of the Harbor Conference input:
Issues / Documents have we spent time working on in the last 10 years: ACEC and floodplain regulations. Sediment transport, Mayo Creek.
Consider committee’s major accomplishments in past 10 years re. Harbor: ACEC, diligent review of projects
What issues to be working on in next ten years: on-going work on Mayo Creek restoration and Herring River
What is vision for harbor in 2022: further restoration of oyster reefs, salt marshes and providing composting toilets in the harbor area.
Correspondence: Letter from Agent Greenberg-Lemos to Historical Commission regarding Hamblen Park, requesting a member come to a meeting.
Petition for horseshoe crab harvest closure from shellfish advisory board sent to Div of Marine Fisheries. The letter requested a public hearing to engage in a debate.
Kayak Rack Proposals: The AmeriCorps team built one rack which will hold 16 boats. The Beach Department will provide two racks from Gull Pond holding a total of 16 boats for our use at other locations. There is money for AmeriCorps to build one more rack.
Public Hearings 5:06 pm:
Town of Wellfleet, Amendment to NOI, Commercial Street Drainage (Cont’d from 09/19/12). Paul Millet (sp?) and Lisa Goyer of Coastal engineering discussed the revised drawings that identify additional sidewalks, catch basins and leaching locations. The tentative construction timeframe will begin the Monday after Oyster Festival. There drawings show 50 feet of sidewalk up Holbrook. The Commission proposed a condition that would allow up to 100 feet of sidewalk on Holbrook should funding become available. A representative from EPG will be on site during construction. Ed Simpson moved to approve the amendment to the NOI including the proposed extension of sidewalk up to 100 feet on Holbrook; seconded by John Portnoy; passed 5-0. Supervisor: Ginie Page
Bruinooge, RDA, Aquaculture grant (Cont’d from 09/19/12). No correspondence has been received from Natural Heritage. Terry Gips moved to continue to 10/17/12; seconded by Ed Simpson; passed 5-0.
Valli, 30 Ridge View Dr., Map 13, Parcel 134, NOI, New well, 12’ x 16’ deck and portion of proposed addition within 100 ft buffer (Cont’d from 09/19/12). Natural Heritage response was received. John Portnoy moved to approve the NOI; seconded by Cary Rea; passed 5-0. Supervisor: Cary Rea
Bunnell and Zahner, 56 Beach St., Map 35, Parcel 10, NOI, construct 3 sheds, pergola and decks (Cont’d from 09/19/12). Mark Bunnell described a new kayak rack that would replace the originally proposed shed; it would be be supported by small concrete blocks. Bunnell also stated the shed on the western side of the property will be reduced in size and relocated outside the 50 ft buffer zone; the drywells and gutters for the sheds are identified on the plans. Commissioners expressed concern that the kayak rack (which has a roof) is larger than the previously proposed shed. It is also within the 0’ to 50’ buffer zone. Mr. Bunnell stated the proposed location for the rack is a more stable area and if pulled back, it would be on a slope. It was recommended there be plantings under the kayak
rack. The commission requested all construction elements be located out of the 50’ buffer zone and expressed concern with the total lot coverage and disturbance. After further discussion, the applicant will come back with a new plan eliminating the kayak rack as proposed and attach racks to the new sheds. Expanded roof overhang on the shed will protect the kayaks. Terry Gips moved to continue to 10/17/12; seconded by Ed Simpson; passed 5-0.
Rispoli, LLC, 15 LeCount Hollow Rd., Map 30, Parcel 22, Amended Order of Conditions for decking and additions (Cont’d). Attorney Ben Zehnder and David Lajoie represented the applicant. Lajoie stated native shrubs will replace the irrigated law in a 15-foot wide section adjacent to the top of the bank north of the building. Zehnder stated a revised parking plan is being proposed to provide for additional spaces since three spaces were changed to a patio area and bicycle rack. He stated there may be a possibility to get additional parking across the street. The commission was concerned with drainage issues going over the bank. Agent Greenberg Lemos suggested mitigating with additional plantings along the new parking area. The commission requested a more detailed planting plan which will be
presented to the agent. Ed Simpson moved to approve the amended order of conditions; seconded by Cary Rea; passed 5-0.
Lindsay, 30 Pine Point, Map 21, Parcel 69, RDA, reconstruct patio (Cont’d from 09/19/12). Sharyn Lindsay, Kai Potter and Max Potter provided a revised plan with measurements and stated they have shored up one area but there is a “river” every time it rains. Agent Greenberg-Lemos stated there is erosion on the east side of the patio where the steps are located as well as on the west side. The commission recommended gravel and flat stones for the proposed stairs instead of bricks to reduce runoff. There was discussion regarding plants which will grow on the bank and recommended utilizing jute. Lindsay stated she would use bales of straw under the deck to reduce runoff. The commission requested a more detailed plan of the area including measurements from the house to the top of the bank,
details for proposed steps on the west side of the house, and a planting plan identifying the locations, numbers and kinds of plants. The ownership of the bank needs to be identified if there is any planting down the bank. The commission will allow Lindsay to finish the steps now for safety reasons. Terry Gips moved to continue to 10/17/12; seconded by Lauren McKean; passed 5-0.
Lauren McKean moved to adjourn at 7:15 pm; seconded by Cary Rea; passed 5-0.
Respectfully submitted,
Christine A. Bates
Committee Secretary
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