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Cons Comm Minutes 03/06/13
Approved
Wellfleet Conservation Commission
Draft Meeting Minutes – Edited by John


March 6, 2013

Attendees:  Terry Gips, John Portnoy, Ginie Page, Ed Simpson,  Cary Rea, and Lauren McKean
Regrets:  Trudy Vermehren

4:00 - Business Meeting & Conservation Agent's Report

Gull Pond Beach area redesign and mitigation.   This is to begin a conversation with the public regarding concerns about the Gull Pond beach area, public access,  impacts of public use, and possible mitigation.  Lauren McKean stated that this year Mobie Mats will be installed, there will be minor fencing installation, and improvement in boat ramp access.  Parking may be redesigned in  the upland area and to maintain vegetation.  Estimates will be received to do the site plan requirements.  On March 27, 2013, there will be a preliminary meeting with the Community Preservation Committee for potential funding.   Suzanne Thomas stated this is to protect the resources and still maintain access for the public.  John Reihl stated there are a number of groups working on this project.  The Board of Selectmen has agreed that Jack’s Boat Rental will not be operating during 2014, which should allow the assessment of the impacts to the adjacent slopes and pond shoreline.      

Review Town Meeting Warrant.   
        Article Q:  (Preservation Hall repaving – approve money)  John Portnoy suggested that a recommendation from the Conservation Commission is inappropriate for this article and moved to direct the chair to request that  the TA office  delete the Commission from the list of recommending boards and committees; seconded by Ginie Page; passed 6-0.
        Article U:  Ed Simpson gave an overview of the Comprehensive Wastewater r Management Committee’s recommendation for a bathhouse at Baker’s Field.  He stated the bathrooms at the marina are not adequate to handle all the people who visit  the area.  A composting bathroom facility is recommended  as environmentally friendly and no nitrogen would be released into the area.  There could be some grant money available.   Because the proposed site is on a barrier beach  it is within the  area subject to 100-year frequency coastal flooding, as determined by FEMA.  Ginie Page moved to withhold recommendation until Town Meeting; seconded by John Portnoy; passed 6-0.
        Article Ua:  raise and appropriate $60,000 for future plans for the Baker Field area.  Ginie Page moved to withhold recommendation until Town Meeting; seconded by John Portnoy; passed 6-0.         

50 Steele Rd., Pruning, potential violation.  Terry Gips explained that improper cutting had been done.  Randy Bartlett, owner, stated they would not clear cut or destroy the area and stated the majority of the property is within wetlands.  Terry Gips stated the commission would like to work with the Bartlett’s regarding low-bush plantings, how much can be pruned/cut, and to improve the environmental setting.   Terry Gips recommended the Bartlett’s come and discuss any future projects with the commission.  Mrs. Bartlett stated they would like to maintain their pond views and Mr. Bartlett requested there be some pruning on the town property.  Mr. Bartlett stated some trees from the town property blew over during a storm onto his fencing and feels they should be removed because they might be a hazard.   The Bartlett’s will meet with the Conservation Agent for ideas on cutting/pruning and replanting on their land (not the Town-owned land).  

Gull Pond Road – run off from housing driveway. Tim Brady, whose firm is working on the project but is not the primary contractor, stated that the latter   is making efforts to redirect surface drainage so that water flows into existing catch basins, instead of flowing over Gull Pond Road into the wetlands of Eel Creek.

Clover Property. Conservation Trust – Conservation Restrictions.  Ginie Page recused herself.  Denny O’Connell stated there will be no tree removal on the Clover Trails, only some pruning  of briar bushes.  This is joint property and requires the commission’s approval.  Cary Rea moved to approve the Conservation Trust plan for the Clover Trails; seconded by Ed Simpson; passed 6-0.  He stated the Walker property has a vernal pool, and a trail will be made on the property.  He will present this at a later date after a site plan is made.  

Walker Property. Conservation Restrictions:  When state money is received, there has to be a conservation restriction placed on the property and the Compact will hold the property.  Cary Rea moved to accept the assignment of the Conservation Restrictions on the Walker property; seconded by John Portnoy; passed 5-0.  

Sparrow Property. The Conservation Trust is working with Doug Sparrow to get a tax credit from the State and the Conservation Commission is being requested to approve a Conservation Restriction on the property.  The Conservation Trust will own the property.   Lauren McKean moved to accept the assignment of the Conservation Restriction on the  Sparrow property; seconded by Ed Simpson; passed 5-0.    

Ed Simpson moved to request the Board of Selectmen recommend that the Conservation Commission hold the Conservation Restriction for the Walker and Sparrow Properties, seconded by John Portnoy; passed 5-0.  
 
FEMA maps:  John Portnoy stated the maps are not public until 25 April ; however,  he believes that applicants should know that there have been significant changes in FEMA-modeled flood zones that may affect future development and the need for flood insurance. FEMA plans to finalize the maps in  December 2013,  and make them effective in  June 2014.   
        
Public Hearings 5:00 pm:
Myer, 300 Paine Hollow Rd., Map 35, Parcel 204, Certificate of Compliance.  A site visit was made and the project is in compliance.  Ginie Page moved to approve a Certificate of Compliance; seconded by Ed Simpson; passed 6-0.

Murphy, 0 Mill Hill Rd., Map 41, Parcel 172, NOI, Construct boathouse (Cont’d from 01/16/13).  The applicant withdrew the NOI application.  Terry Gips moved to accept  the withdrawal without prejudice; seconded by Ginie Page; passed 6-0.  

Shubin & Seidl, 30 State St., Map 36, Parcel 30, NOI, addition, decking and retaining wall (Cont’d from 02/20/13).  Lauren McKean recused herself.  Chet Lay represented the applicant and stated a narrative was provided along with Natural Heritage paperwork.  Ed Simpson moved to approve the NOI; seconded by  John Portnoy; passed 5-0.
Supervisor:  Terry Gips  

Emmons, 119 Hamblen Farm Rd., Map 19, Parcel 13, NOI, install two wells and septic systems for an existing dwelling and replacement cottage.  Existing dwelling to be converted to a two bedroom dwelling and existing one bedroom cottage to be replaced with new one bedroom dwelling.  John Portnoy and Lauren McKean recused themselves.    
David Lajoie represented the applicant.  He stated the property was not in the ACEC and he identified the wetlands in the area.  The new dwelling will be 20’ x 20’ and an I/A septic system will be installed for that unit.  There will be no increase in the footprint of  the existing dwelling.  With the removal of sheds and decks (417 sq ft), there will be a net decrease of 229 sq. ft. ground coverage on the property.  Ed Simpson moved to approve the NOI with conditions; seconded by Cary Rea; passed 4-0.  Supervisor:  Ginie Page   

Richardson, 24 Pleasant Point Landing, Map 35, Parcel 108, NOI, upgrade septic.  Tim Brady represented the applicant and gave an overview of the project.  The property is within the ACEC, in the flood zone, and within the buffer zone.  There is no well on the property and the cesspool will be removed.  The work will be completed within three days.  Ginie Page moved to approve the NOI; seconded by Lauren McKean; passed 6-0.       

Blasch Del Mar, LLC, 1440 Chequessett Neck Rd., Map 18, Parcel 7, NOI, Repair and reconfigure beach stairs, (Cont’d from 02/06/13).  Lauren McKean recused herself.  Emily Beebe and Gordon Peabody represented the applicant.  A revised set of steps and protocol were presented to the commission which will include nourishment.  The sand would be delivered to the top of the driveway into a temporary stock pile, a bobcat would follow the path and place the sand over the coastal bank for renourishment.  The beach grass along the route to be taken by the bobcat will be removed and replaced within 48 hours.  The renourishment sand will be tested for being comparable.  There was discussion regarding the need for renourishment  because Beebe and Peabody stated that it is not related to the installation of the new stairs.  Beebe stated it will reduce net loss and have nonstructural alternatives and works with the coastal process.  Portnoy questioned the rationale for dumping sand over the bank and said that the naturally eroding bank is already performing the beneficial functions of a coastal bank.  He asked whether this practice will be continued to try to hold the eroding bank in its current location, a practice most likely to fail.  It is uncertain if renourishment will have to be on a regular basis because no one can determine the effect of future storms.  There will be no vehicle traffic on the beach, the construction will take place from the top down.  Cary Rea moved to approve the NOI; seconded by Ginie Page; passed 4-1.  Supervisor:  Ginie Page.     

Cavanaugh, 80A Peace Valley Rd., Map 8, Parcel 235, NOI, new dwelling & septic system (Cont’d from 02/20/13)  At the request of the applicant, Terry Gips moved to continue to March 20, 2013; seconded by John Portnoy, passed 6-0.

Pechonis, 135 Old Truro Rd., Map 8, Parcel 164, Convert barn to single family dwelling (Cont’d from 02/20/13).  At the request of the applicant, Terry Gips moved to continue to March 20, 2013; seconded by Cary Rea,  passed 6-0.

John Portnoy  moved to close the public hearings at 6:25 pm; seconded by Cary Rea; passed 6-0.


Business meeting Cont’d:
Subdivision:  Map 44, parcel 43, 724 State Hwy, Wen Don Realty Trust:  The Planning Board sent a memo requesting any comments regarding the subdivision.  Ginie Page suggested that  the current wire fence should be opened to allow  small mammal and turtle passage.  The Commission further suggests the project provide for proper disposal of stormwater runnoff from Route 6 .  Terry Gips requested Keith Johnson include these suggestions in  a letter to the Planning Board.

Resume FEMA discussion:  John Portnoy stated FEMA has acknowledged that some of the 100-yr flooding elevations shown on current FEMA maps are incorrect; the errors in some diked flood plains are substantial. The commission will advise future applicants of the new flood elevations once the new maps are released.  The local FEMA employee  told John Portnoy that he recommended people  purchase flood insurance now to avoid a projected higher cost after the new FEMA maps are published.    

NStar:  Lauren McKean stated they have their own management program and a map was provided to CCNS of their proposed work.  Because they did not do their work properly two years ago, Lauren recommends having Keith Johnson send a letter advising them of vehicle restrictions , determining archeological sites, etc.  Written directions must be kept in the contractors vehicles.  This will be discussed further at the 03/20/13 meeting.  

The Commission determined they would not have a discussion regarding the 0 Blackfish project without new plans and a letter from Natural Heritage .  An e-mail will be sent by Christine Bates to inform him of this determination.

Lauren McKean moved to adjourn at 6:50 pm; seconded by John Portnoy; passed 6-0.
 
Respectfully submitted,
Christine A. Bates