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Wellfleet Conservation Commission
Approved Meeting Minutes
February 20, 2013
Attendees: Terry Gips, Trudy Vermehren, John Portnoy, Ginie Page, Ed Simpson, and Cary Rea
Regrets: Lauren McKean
4:10 - Business Meeting & Conservation Agent's Report
Small Vessel Identification Program – Public Hearing. Terry Gips stated she and Suzanne Thomas presented the project to the Board of Selectmen in January. After making suggestions, they were in favor of the proposed regulation. The Board of Selectmen requested the Conservation Commission hold a public hearing and incorporate any changes into the revised regulation plus fees and fines. The Board of Selectmen have scheduled a public hearing on March 12, 2013. (Later moved to March 26). The substance of the regulation will be Section 2.6. Stickers for the vessels will be location specific. There was discussion regarding short-term sticker requirements and if there could be a financial incentive for people to return the sticker. The stickers will be sold at the Beach Sticker and
Harbormaster’s offices. The Beach Administrator, Harbormaster, Shellfish Constable and Conservation Agent will perform enforcement. Education will be done in the form of signs and handouts, as well as articles in the newspaper. Discussion took place about the number of vessels at Powers Landing, which according to personal reports, range from 40 to 70 vessels, some of which belong to shell fishermen. The racks at Powers Landing will be located within the parking lot. Trudy Vermehren moved to close the public hearing; seconded by Ginie Page; passed 6-0. Trudy Vemehren moved to approve the proposed draft regulations for the small vessel ID program and present it to the Board of Selectmen; seconded by Terry Gips; passed
6-0.
50 Steele Rd., Pruning, potential violation. A certified letter was sent to the owners of the property but no one showed up at the meeting.
Trudy Vermehren stated there was an old site plan from Felco outlining the septic system at the Gull Pond parking lot. The subcommittee would like an updated site plan identifying elevations and a redesign for the boat ramp; however, there are currently no funds available. John Portnoy stated the Div. of Fisheries stocks fish in Gull Pond and might be able to help with the funding.
Gull Pond Road Housing Runoff : John Portnoy stated there is only one catch basin on Gull Pond at Route 6. He witnessed some water running onto Gull Pond Road from the driveway of the housing units. The water at the housing units is not going into the swale at the bottom of the driveway and one of the catch basins part way up the hill does not appear to be functioning well. Trudy Vermehren recommended writing a letter to Ted Malone (or other representative of the project) requesting attendance at the March 20, 2013 for discussion.
Mail: Letter from FEMA addressed to the Board of Selectmen regarding new flood zone mapping for the Cape. A meeting will be held at the Chatham Community Center Conference Room on 02/26/13 at 1:30 – 2:30 to address Wellfleet’s flood risk. John Portnoy, Cary Rea, Terry Gips and Trudy Vermehren plan to attend.
Public Hearings 5:05 pm:
Fromboluti, 460 Schoolhouse Hill Rd., Map 4, Parcel 34, Jurisdictional Opinion, remove 2 stumps. Keith Johnson stated he made a site visit and approves. Ginie Page moved to approve the Jurisdictional Opinion; seconded by Terry Gips, passed 6-0.
Ross, 945 Chequessett Neck Rd, Map 19, Parcel 98, Jurisdictional Opinion, new well. Keith Johnson made a site visit and stated there is salt in the water. Ed Simpson moved to approve the Jurisdictional Opinion; seconded by Cary Rea; passed 6-0.
MacLeod, 46 Springbrook Rd., Map 47, Parcel 25, Jurisdictional Opinion, new septic system. Keith Johnson made a site visit. Terry Gips moved to approve the Jurisdictional Opinion; seconded by Ed Simpson; passed 6-0.
Lis, 49 Briar Lane, Map 14, Parcel 24, NOI, Septic Upgrade. Jason Ellis represented the applicant and gave an overview of the project. This was approved by the Board of Health. A new well will also be installed. Terry Gips moved to approve the NOI; seconded by John Portnoy; passed 6-0.
Cavanaugh, 100 Peace Valley Rd., Map 8, Parcel 235, NOI, new dwelling & septic system. Jason Ellis represented the applicant, stating this is for new construction. There will be an elevated septic system and approval was granted by the Board of Health. MESA had not responded as yet. Ellis explained where everything was going to be placed on the parcel. He determined the wetlands from soil borings. The driveway will maintain the same elevation as the land to enter into the basement of the dwelling. The driveway will be gravel and have drains as well as stones close to the garage area. John Portnoy suggested that the Friends of Herring River would likely comment as the lot abuts Pole Dike Creek, which would be affected by Herring River tidal restoration. Ellen Cavanaugh stated the
correct address for the lot is 100 Peace Valley Road. Terry Gips moved to continue to March 6, 2013; seconded by Ed Simpson; passed 5-0.
Pechonis, 135 Old Truro Rd., Map 8, Parcel 164, NOI, Convert barn to single family dwelling. A site visit was made. Jason Ellis represented the applicant and stated there is an isolated wetland on the property. He stated the well will be relocated and the septic system is outside of the buffer zone. There was discussion about the wetland and if it was a certified vernal pool. Ellis stated it was not certified. Portnoy stated he would like to have species identified in the wetland area; and if it is determined to be a vernal pool, he would like to know the required setback. Craig Brutilier, abutter, stated there is standing water in the area of concern. Trudy Vermehren stated she is concerned with the Japanese knotweed on the property which is very invasive. Terry Gips asked if there were
any alternatives to the dwelling location because it is all within the buffer zone. In 2003 there was an enforcement order placed on the property for the fill. Ellis stated the fill was permissible when it was done. Mr. Pechonis stated he hired Gordon Peabody for remediation of the bank in 2003. Doug LaGene, abutter, stated there is wildlife in the area. MESA had not responded to the apllication as of the meeting. Architectural plans have thus far not been developed. Ellis stated that the foundation will have to be designed by a structural engineer because of the fill. Ginie Page moved to continue to March 6, 2013; seconded by John Portnoy; passed 6-0.
Broadbent, 1780 State Hwy, Unit 35, Map 29, Parcel 1.3, RDA, addition to cottage. A site visit was made. David Broadbent stated he was looking to see if the addition would fall under a RDA filing. The commission recommended filing an NOI because the work is more intense than a RDA filing. The commission recommended a site plan identifying the elevation contours as well as the wetland location. John Portnoy moved this RDA requires a NOI filing; seconded Ed Simpson; passed 6-0.
Thaler, 250 Meadow Ave W., Map 40, Parcel 158, AOOC, seasonal fencing for coir envelope. Tim Brady represented the applicant and stated the coir sandbags that are protecting the bank require repair. Brady stated they are proposing a fence which will protect them and the bank. The fencing would be in place through the winter stormy season and removed for the turtle season. This will not affect the renourishment which will be done in late March/early April. Ginie Page moved to approve the AOOC; seconded by Cary Rea; passed 6-0. The Commission assigned Cary Rea as supervisor.
Shubin & Seidl, 30 State St., Map 36, Parcel 30, NOI, addition, decking and retaining wall. Chet Lay represented the applicant and gave an overview of the project, identifying the proposed work, resources, foundation plans, and construction protocol. The commission requested drywells for the gutters. MESA has not responded. Terry Gips moved to continue to March 6, 2013; seconded by John Portnoy; passed 6-0.
Wright, 0 Blackfish Creek, Map 35, Parcel 210, NOI, replace timber bulkhead with rock revetment (Cont’d from 12/04/12). At the request of the engineer, Trudy Vermehren moved to continue to March 20, 2013; seconded by Terry Gips; passed 6-0.
Henrickson, 0 Blackfish Creek, Map 35, Parcel 210, NOI, replace timber bulkhead with rock revetment (Cont’d from 12/04/12) At the request of the engineer, Trudy Vermehren moved to continue to March 20, 2013; seconded by Terry Gips, passed 6-0.
Wales, 0 Blackfish Creek, Map 35, Parcel 210, NOI, replace timber bulkhead with rock revetment (Cont’d from 12/04/12) At the request of the engineer, Trudy Vermehren moved to continue to March 20, 2013; seconded by Terry Gips, passed 6-0.
Patterson, 0 Blackfish Creek, Map 35 Parcel 210, NOI, replace timber bulkhead with rock revetment (Cont’d from 12/04/12) At the request of the engineer, Trudy Vermehren moved to continue to March 20, 2013, seconded by Terry Gips, passed 6-0..
Comly, 0 Blackfish Creek, Map 35, Parcel 210, NOI, replace timber bulkhead with rock revetment (Cont’d from 12/04/12) At the request of the engineer, Trudy Vermehren moved to continue to March 20, 2013; seconded by Terry Gips, passed 6-0.
Trudy Vermehren moved to adjourn at 7:55 pm; seconded by Ginie Page; passed 6-0.
Respectfully submitted,
Christine A. Bates
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