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Approved
Conservation Commission
Date: December 5 , 2012
Time: 4:00 pm
Location: Town Hall
In attendance: Co-Chair Trudy Vermehren, Co-Chair Terry Gips, Ginie Page, Lauren McKean, Cary Rea, and John Portnoy. Staff: Christine Bates, Committee Secretary
Regrets: Ed Simpson
4:00 pm Business Meeting:
Jurisdictional Opinion: Denny O’Connell came to the table and provided his observations regarding the trees along the road to the Chavchavadze property (Aaron Rich Road). These dead and leaning trees are creating safety issues and are located on property for which the Conservation Commission holds a conservation restriction. The trees need to be removed or trimmed. The downed trees will be left for habitat. Mr. O’Connell recommended the DPW perform the work. Lauren McKean stated she would talk with AmeriCorps because they all have training and this could be a group project. Trudy Vermehren moved to approve the Jurisdictional Opinion; seconded by Ginie Page; passed 6-0.
Joelle Mushel: Americorps: IP: She stated she has been working for 2 months with the Conservation Agent and has been making visits to town land, looking at invasives and will do work in the spring for land management. She will make sure those with trails will be maintained. She is also planning a community bird house building project in March, and is currently working on a grant as well as looking to the community for donations.
CCNS/NRAB/Suzanne Thomas: Ponds. Terry Gips stated the Commission would like a report on what work was accomplished over the summer months. Sophia Fox from the National Seashore, Lindsey Crouch of Americorps, Christy Sorenson from Friends of Wellfleet Long Pond, John Duane and Ned Hitchcock participated in the discussion. Susanne Thomas was unable to attend. Use/over-use, mitigating damage: Lauren MCKean stated there is a collaboration between the seashore’s pond working group and the Wellfleet groups. Sophia Fox reported there is a decrease in water clarity in Duck Pond and its rate is of concern. They are trying to determine its cause. She stated there have been erosion control Projects and that the Seashore group is working with the Beach Administration to control the number of cars and access. Most of the work has focused on the
trails, utilizing erosion control netting pedestrian restriction. Parking spaces were limited to 12 at Duck Pond and signage was also installed. There will be long-term monitoring. Lauren McKean stated there will be a Phase II for the project at Duck Pond. There are issues with the nearby Dog Park area because dog walkers are leaving that area and following a trail to the pond. The boundary between the Dog Park and the National Seashore is not marked and dogs walkers are not aware of the different regulations concerning dogs on seashore property. John Duane stated he felt there should not be access to the pond due to the steepness of the slope from the dog park area. At Spectacle Pond there is erosion at the access area and there are issues with the root systems of the trees. Fencing was replaced in the parking area. Suzanne Thomas was going to record the overall usage of boats at Gull Pond but the report is not available. John Portnoy stated he would like to see
parking for the sluiceway shifted to the west, i.e. off the dead-end section of road between Gull and Higgins Pond; this was proposed by the Seashore and the Town’s beach administrator years ago, and should be proposed again to reduce vehicular damage. Two picnic tables and a bike rack have been placed at the Seashore-owned access to Long Pond’s east basin. Cars will be ticketed if they park in the area. There will be vegetation monitoring in this area on a yearly basis. Lauren noted that several years ago, there was a flyer about environmental and ecological aspects of fresh water ponds. She felt it might be updated and made available to the public. Christy Sorensen stated her concerns about the low water levels. John Portnoy stated the ponds will require special monitoring of water quality. At the January 2, 2013 business meeting, the commission will continue discussions of pond issues.
Public Hearings 5:00 pm:
Bruinooge, RDA, Aquaculture grant (Cont’d from 11/07/12). Trudy Vermehren moved to continue to 01/02/13; seconded by John Portnoy; passed 6-0.
McLaughlin/Marino, 114 4th St., Map 40, Parcel 108, Certificate of Compliance. NOTE: hottub was never installed and Certificate of Compliance is for the well only. Lauren MeKean moved to approve the Certificate of Compliance; seconded by John Portnoy; passed 6-0.
Miller, 116 Hiawatha, Map28, Parcel 183, Certificate of Compliance. Trudy Vermehren moved to approve the Certificate of Compliance; seconded by Cary Rea; passed 6-0.
Olney, 479 Black Pond Rd., Map 4, Parcel 38, RDA, extend existing screen porch. Lauren McKean recused herself. Richard Micks, builder, represented the applicant and stated the owners would like to add an additional four feet to the existing porch. There will be no widening of the driveway/pavement. Trudy Vermehren questioned when the porch was originally built and stated there is no record of permission to build it, nor for the several recently constructed retaining walls on the property. Terry Gips stated she is concerned with the bank which is very fragile. Trudy Vermehren recommended abandoning the driveway in front of the house since there is another access. John Portnoy stated there has been a lot of tree cutting on this property and he would like to see a condition placed that there can be no further tree cutting or vegetation
disturbance between the road and Herring Pond. It was also requested that the non-permitted bulkhead structure in the pond be removed and that a split rail fence be constructed across the “man-made bump out” along the road so it would no longer be used for parking. Ginie Page moved to identify this as a Negative 3; seconded John Portnoy; passed 5-0.
Spagnoli, 105 Catboat Rd., Map 41, Parcel 104, RDA, construct mudroom. There was no representation at the hearing. Trudy Vermehren moved to continue to 01/02/13; seconded by Ginie Page; passed 6-0.
Currier, 1045 Chequessett Neck Rd., Map 19, Parcel 92, RDA, construct solar panel structure. Doug Cleary, builder, represented the applicant and stated the use of solar panels will enhance the natural resources. He stated the location was determined based on the abutting property views. Cleary stated he can increase the gaps between the solar panels to allow light to reach the vegetation below. The commission requested the panels be moved up the hill and to the east away from the bank. Cleary agreed that he could make this revision. The applicant was required to submit a new site plan showing the revised location and a drawing showing the spaces between the panels. The electrical lines will be tapped into the lines for the windspire. Trudy Vermehren moved to identify this as a Negative 3; seconded by John Portnoy; passed 6-0 with conditions.
Reavey (Colton), 145 Indian Neck Rd., Map 28, Parcel 135, AOOC. David Lajoie represented the applicant, and stated no work has been done but DEP stated the work was more intense than what was originally approved. Lajoie stated the building will be removed but the foundation will remain the same. He stated there will be no new excavation. After further discussion, David Lajoie requested a withdrawal without prejudice. Trudy Vermehren moved to approve the request for withdrawal for the AOOC; seconded by John Portnoy; passed 6-0.
VonKaesburg, 135 Nauhaught Bluff Rd., Map 21, Parcel 10, NOI, landscaping (Cont’d from 11/07/12). Jeremy Young represented the applicant and stated the applicant would like a seeded lawn or as an alternate, a planted area of mixed vegetation to provide ground cover. Abutters were not notified; therefore the hearing will be heard on 01/02/13.
Meister, 295 King Phillip Rd., Map 35, Parcel 198, NOI, clear trees and replant with native species and construct kayak rack (Cont’d from 11/07/12). Trudy Vermehren moved to continue to 01/02/13; seconded by Cary; passed 6-0.
Behan, 280 Pilgrim Rd., and 265 Ridgeway Rd., Maps 25 and 24, Parcels 6 and 146, NOI, well and septic to serve three dwellings. Lauren McKean recused herself. David Lajoie represented the applicant and gave an overview of the project, stating two properties are owned by the same person with three buildings in total. The existing leaching pits (3) will be removed as well as the cesspools. Lajoie stated the well closest to the bank will be in use until the building has to be evacuated due to the eroding dune. The proposed well will end up serving the two buildings. The vegetation on the leach area will be planted with beach grass and beach plum. An immediate abutter expressed concerns regarding the removal of trees and new proposed revegetation because of the potential erosion from increased wind across the applicant’s property as well
as his own. Trudy Vermehren responded that over time, nature will reseed different plants other than beach grass. Ginie Page moved to approve the NOI; seconded by Cary Rea; passed 5-0 with conditions. John Portnoy supervisor
Wright, 0 Blackfish Creek, Map 35t, Parcel 210, NOI, replace timber bulkhead with rock revetment ( 10/17/12). Mark Burgess represented the five applicants. The commissioners reviewed Jim O’Connell’s report. The commission visited the Patterson location where the emergency order for sand renourishment had been completed. The site will be monitored for the performance of the sand. Burgess discussed the current beach elevations adjacent to the existing wooden bulkhead. He noted that he was trying to determine the proper height for the riprap stones in relation to the current beach and whether sand should be brought in to bring the low spots up to be more consistent with the higher areas. Trudy Vermehren read portions of Jim O’Connell’s report and there was discussion regarding the potential for further damage to the
marsh with all the work that will done on a yearly basis for sand replenishment. Burgess reviewed the sand/beach elevations from 1994 to 2012, noting that beach has dropped over time. Burgess stated placing the rocks in front of the bulkhead will help maintain a higher elevation of the sand. There has been no final letter from Natural Heritage regarding species. Lauren McKean recommended Mark Borrelli review the project and she will contact him. The commission reviewed the fiber roll placement, amount of nourishment, and height of rip rap. The commission requested Mark Burgess provide a written statement responding to the questions given to him by the Commission and provide it to the commission prior to the next meeting. Terry Gips moved to continue to 01/02/13; seconded by Ginie Page; passed 5-0.
enrickson
Wales
Patterson
Comly
John Portnoy moved to adjourn at 8:05 pm; seconded by Lauren McKean; passed 5-0.
Respectfully submitted,
Christine A. Bates,
Committee Secretary
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