Approved
Conservation Commission
Date: October 17, 2012
Time: 4:00 pm
Location: Town Hall
In attendance: Co-Chair Trudy Vermehren, Ginie Page, Lauren McKean, Ed Simpson, Cary Rea, and John Portnoy. Staff: Christine Bates, Committee Secretary
Regrets: Co-Chair Terry Gips
4:00 - Business Meeting& Conservation Agent's Report
Mail:
Letter from Attorney Skiba regarding Chequessett Yacht Club property, 1.146 acres for sale. This land is under Recreational Tax Lien. Sale price: $780,000. There is a Purchase and Sale agreement intact with a private buyer. A letter from Tim King to the Planning Board and Conservation Commission stated the town has the right of first refusal to purchase and requested a response from both committees on whether the town should acquire the property. The commission requires more information on whether the town should be reimbursed all past recreational tax relief, now that the property is to be sold. The commission will review this at the next meeting.
A memo from Agent Greenberg-Lemos to George Price regarding the Herring River Emergency Certification Form (stabilization of bank at Old Kings Highway crossing was read. The Div. of Fisheries and Wildlife responded it is not a take. To date, there has been no response from George Price as yet.
Jack Smith of the Historic Commission briefed the commission of Hamblen Park and Cannon Hill project proposal. Frank Corbin and another landscape architect have received a contract by the town for the plantings. He stated Corbin and a landscape architect have been asked to present a landscape plan by interim T. A. King, thereby the town is paying for this plan twice. Trudy Vermehren explained that when Corbin came before the commission, it was a preliminary plan. Smith stated the concerns of the Historic Commission 1) they want to make sure the historic uses of that area be preserved with passive recreation; 2) historic view sheds and uses be preserved in the town; 3) they have asked that the bench area be restored for the view aspect; 4) he stated it is difficult to determine the timeframe to preserve it to
(i.e. 1938, 1950, etc.); and
5) concerned with access and want to encourage people to use the park and not put too many restrictions on the land which includes several signs. Although the H istorical Commission has the CPC grant, the Conservation Commission has the supervision of the project. The commission and Agent Greenberg-Lemos want to see the plan, but felt they did not think they were the party to oversee the project and have jurisdiction. Trudy Vermehren will check with CPC for the management of the project.
Emergency Certification – Patterson: The commission made a site visit and determined the Order of Conditions was not followed. The contractor made access at the wrong place and damage was done to the marsh. The supervisor was not contacted. There was discussion regarding who should be fined, the contractor or engineer, or the homeowner. John Portnoyquestioned whether it was appropriate for the Commission to decide who was responsible for the violation, as opposed to simply fining the applicant as the ultimately responsible party. He moved to send a letter of reprimand tothe property owner and fine the project proponent $200; seconded by Ed Simpson; passed
6-0.
Alfred Pickard came forward to discuss the extension of the sidewalk up Holbrook Ave. He stated he met with the engineer to show him the area he is interested in extending and was told the money had not been released from the town as of today. Slade will provide a plan for the next meeting regarding the road/sidewalk. The engineer wanted to know if they wanted a wall, a slope, and stabilization plans and because there are timelines involved with the project, EPG requests the commission’s input. Pickard recommended a slope versus a wall, and the road could be moved approximately 18” on the opposite side of Pickard’s property which will provide improved safety for the public. No work will be done until the commission approves a plan. Ginie Page moved to use a slope plan minimizing the
resource area by shifting the road away from the wetland; seconded by John Portnoy; passed 6-0.
Public Hearings 5:00 pm:
Lindsay, 30 Pine Point, Map 21, Parcel 69, RDA, reconstruct patio, stairs, and plantings (Cont’d from 10/03/12). Sharyn Lindsay and Kai and Max Potter provided new plans identifying the new plantings as well as the property lines. On the steepest slope, they would like to plant weeping love grass or sweet fern. The revised plan also identifies the stairs. Jute will be used across the entire bank to avoid erosion. The stairs will be filled with pea stone. Ed Simpson moved to identify the RDA as a Negative 3; seconded by Cary Rea; passed 6-0.
Bunnell and Cotton, 56 Beach St., Map 35, Parcel 10, NOI, construct 3 sheds, pergola and decks (Cont’d from 10/03/12). Chet Lay and Mark Bunnell came before the Board. Chet Lay stated nothing is within the 50’ buffer zone now. Bunnell provided descriptions of the sheds and provided a letter he sent Agent Greenberg-Lemos describing the changes to the plan. Cary Rea moved to approve the NOI; seconded by John Portnoy; passed 5-1.
Silt fencing, gutters and drywells, no expansion of the planting beds, construction notes, over pour of concrete, limit of work observed, protocol, revised plan to be brought to agent. Supervisor: Ed Simpson
Bruinooge, RDA, Aquaculture grant (Cont’d from 09/19/12). Due to lack of paperwork, Trudy Vermehren moved to continue to 11/7/12; seconded by Ginie Page; passed 6-0.
Meister, 295 King Phillip Rd., Map 35, Parcel 198, NOI, clear trees and replant with native species and construct kayak rack. At the applicant’s request, Trudy Vermehren moved to continue to 11/7/12; seconded by Ginie Page; passed 6-0.
Wright, 0 Blackfish Creek, Map 35, Parcel 210, NOI, replace timber bulkhead with rock revetment (Cont’d from 09/06/12). Mark Burgess, Attorney Duane Landreth and Charles Wales came to the table. Burgess provided a document giving the history of the properties. Revised plans identify a bulkhead project and Burgess stated he had received verbal / e-mail approvals from the various agencies.
The Commission questioned the rip-rap stone proposed along the seaward edge of the bulkhead because it was not in O’Connell’s report and was concerned that these rocks would require more machine trips within the resources. Burgess stated the stones are small and can be transported by a small vehicle. Burgess stated the elevation of the stones would be 6 feet. The rip rap will serve as a buffer for the bulkhead, be nourished with sand, and then allow nature to remove the sand. Burgess stated there will be a “trigger point” on the rip-rap which will trigger renourishment.
Annie Dillard, of the audience, stated she was concerned with access and walking along the area.
It was recommended Agent Greenberg-Lemos have a discussion with Jim Mahala and Jim O’Connell regarding the rip rap. Also of concern was coir rolls, which it was believed, Jim O’Connell had not addressed in his report. Burgess stated the area will erode more often without the use of fiber rolls. Landreth reviewed O’Connell’s review and acknowledged fiber rolls were mentioned in the report.
Other areas of concern included:
• Beach nourishment calculations provided on the plan. Burgess stated he does not have numbers to provide calculations and stated the trigger points would identify how much nourishment is required. He stated money would be taken out of the escrow account when nourishment was needed. Recommend Agent Greenberg- Lemos ask O’Connell to look at whether the 5-ft elevation is the proper trigger point for renourishment. John Portnoy disagreed that the adjacent salt marsh was very sensitive to burial by renourished sand.
• There was discussion regarding the stairways going beyond the rip rap. The plans do not match the width proposed in the plan – Burgess will provide accurate plans.
• Lauren McKean questioned the location of Patterson’s landing, both upper and lower. Burgess stated he reduced the size of the lower landing and moved it landward. The commission stated it wants the upper deck moved off the coastal bank.
• Construction notes #4, the Commission does not have authorization regarding access. Burgess stated this would be determined by the Board of Selection and Town Administrator.
Jude Ahearn stated she would like to be aware of what is going on and how the work will affect the town landing. She questioned the work being done on 10/12/12 and the access that was used . Trudy Vermehren made statements about the work which was done, the inaccurate access, the lack of using marsh mats, and the concern of the commission over the violations that occurred on 10/12/12. She stated the commission had discussed the issue at the business meeting. Ahearn was concerned she and the other abutters were never notified.
• Attorney Landreth recommended different language for construction note #4 regarding the town.
• John Portnoy asked how they propose to move the old bulkhead and Burgess stated the bobcat will remove the materials. Lauren stated construction matting is required. Burgess stated he filed a category 1 for removing the bulkhead.
Mark Burgess clarified what happened at the work site for the emergency certification. He stated the contractor was to show up at 10:00 at the beach, and the construction worker was nervous about using the agreed upon access, and used another access. He stated the owner of the construction company is willing to make any restitution for any damage done.
• Construction note 13: make sure materials (stairs, etc.) are staged off town property – make sure it is noted on the plans.
• Require details for the removal of the old bulkhead.
• How to ensure there is no degradation to the salt marsh. Provide details for prevention of degradation to the salt marsh.
• It was recommended abutters be notified in advance of construction.
• Propose delineation should be upper edge of marsh so contractors are aware of where they cannot go – Burgess to put in construction protocol.
• Have a preconstruction meeting to include operators for a briefing, supervisor of project, meeting with agent, etc. Post when construction will happen on post.
• Identify how the bulkhead materials are installed and tied into existing bulkhead
• Coir rolls on plan are extended beyond the area of scour. Commission requests they only be used within the area of erosion caused by Patterson’s unpermitted bulkhead extension. Burgess stated there cannot be an abrupt stop for the wave action and recommends 20 feet and suggested adjusting the height of the rolls so there is a better transition for the water action. O’Connell will be consulted on this.
• Escrow account for damage during construction: it is recommended money be put aside prior to construction in the event of damage or have contractor put up a bond. Burgess will set up.
• Add notification that agent and supervisor be notified at least 48 hours in advance.
specifically for nourishment.
• Nourishment – should it be done every year or only when triggered because it is in the ACEC – Agent Greenberg-Lemos to ask Jim O’Connell. Burgess stated it is important not to over nourish because of the marshes.Portnoy stated that this was unlikely as Wellfleet Bay salt marshes are already showing signs of inadequate sediment accumulation in the face of sea-level rise.
• Barrier beach and dune not delineated on the plot plan – Burgess to update plan.
• Natural Heritage letter not received.
• Construction protocol – requires more detail.
Cary Rea moved to continue the five hearings to December 5, 2012; seconded by Lauren McKean; passed 6-0.
Hendrickson, 0 Blackfish Creek, Map 35, Parcel 210, NOI, replace timber bulkhead with rock revetment (Cont’d from 09/06/12)
Wales, 0 Blackfish Creek, Map 35, Parcel 210, NOI, replace timber bulkhead with rock revetment (Cont’d from 09/06/12)
Patterson, 0 Blackfish Creek, Map 35 Parcel 210, NOI, replace timber bulkhead with rock revetment (Cont’d from 06/06/12)
Comly, 0 Blackfish Creek, Map 35, Parcel 210, NOI, replace timber bulkhead with rock revetment (Cont’d from 09/06/12)
Ginie Page moved to adjourn at 7:40 pm; seconded by Cary Rea; passed 6-0.
Respectfully submitted,
Christine A. Bates
| 