 |
Approved
Wellfleet Conservation Commission
Town Hall
March 20, 2013
Attendees: Trudy Vermehren, Terry Gips, John Portnoy, Ginie Page, Ed Simpson, and Cary Rea, Lauren McKean
4:00 - Business Meeting & Conservation Agent's Report
Mail: Ethics paperwork was distributed to the commissioners for their action/signatures.
Emergency note from the Sexton’s
Save the Date: 1st Annual Coastal Conference – June 13 and 14, Hilton, Hyannis
Notification of Walker property identifying a certified vernal pool
Gull Pond Road – Drainage from Housing Units: Tim Brady had discussed the temporary “speed bump” water diverter at the previous meeting and it has been removed. Cary Rea stated he made a site visit during a heavy rain and it appears the water is draining into the catch basin better with the diverter in place. A more permanent diverter is needed to finally solve the problem of runoff reaching Gull Pond Road and wetlands to the north.
NSTAR discussion: NSTAR gave notice they are doing right-of-way maintenance. Lauren McKean stated the wetlands and archaeological site information is inadequate on the maps the workers are to carry in their trucks. It was recommended the Conservation Agent contact NSTAR and request notification of when the work is to start in Wellfleet and possibly request a tour/walk to help identify wetlands, rare plants, and turtle areas. The Commission would like to know what methods will be used , including herbicides and application procedures The Commission wants to also ensure that the following are identified by NSTAR and field crews: archaeological sites, wetlands, including Herring River and vernal ponds, the 200 foot riverfront area, state listed rare plant and box turtle habitats, and
portions of the power lines right of way where motorized vehicles are prohibited. The power line right of way encompasses approximately 100 acres through Wellfleet.
CCNS – Spectacle Pond and Dyer Pond: Lindsay Crouch, of Americorps, stated Americorps has been doing some erosion mitigation at Duck Pond. They will be having a work day at Dyer Pond and Spectacle Pond on 1 April when fencing and jute will be installed as well as plantings to stabilize the soil. A step will be seasonally placed at Spectacle Pond for access into the water.
Gull Pond access improvements and revegetation– A preliminary proposal for CPA funding needs to be presented to CPC next week. The proposal has to include the Recreational Department. Agent Greenberg-Lemos is having a meeting on Friday. Terry Gips will contact Hillary Greenberg-Lemos regarding the proposal, contact Suzanne Thomas from the Beach Department, and Lauren McKean will participate.
Footit, 10 Bay View Ave, Map 35, Parcel 33: Certificate of Compliance. Keith Johnson made a site visit and stated the work is in compliance. There was a typo regarding the book and page which requires a new certificate. Terry Gips moved to approve the Certificate of Compliance; seconded by Ed Simpson; passed 7-0.
Cary Rea moved to approve the amended 2/6/13 meeting minutes; seconded by Ed Simpson; passed 5-0.
Ginie Page moved to approve the amended 02/20/13 meeting minutes; seconded by Cary Rea; passed 6-0.
Items for 04/03/13 meeting:
FEMA flood plain maps, existing and newly proposed versions.
Renourishment of coastal bank where there is no revetment.
Public Hearings 5:00 pm:
Estey, 36 East Well St., Map 35, Parcel 155, Jurisdictional Opinion, remove septic components. J. C. Ellis represented the applicant and stated an addition is being added to the house and the current leach pit will be pumped, filled and abandoned. Ginie Page moved to approve the Jurisdictional Opinion; seconded by Ed Simpson; passed 7-0.
Hirschberg, 29 Cranberry Way, Map 8, Parcel 176, Jurisdictional Opinion, remove pine trees. Keith Johnson stated he has requested this be continued in order to discuss with
A to Z Tree Service. Terry Gips moved to continue to 04/03/13; seconded by Ginie Page; passed 7-0.
Fitzimmons, Ione Rd., Map 28, Parcel 71, Jurisdictional Opinion, remove pines. Keith Johnson stated this project should be filed under a RDA. The applicants have been notified. Ginie Page moved to have the applicant file a RDA; seconded by Terry Gips, passed 7-0.
Reilly, 165 3rd St., Map 40, Parcel 104, Certificate of Compliance. Jason Ellis represented the applicant and stated the project was neverundertaken. In addition, Mr. Reilly does not own the property anymore. Ginie Page moved to issue a Certificate of Compliance; seconded by Ed Simpson; passed 7-0.
Krasting, 180 Cliff Rd., Map 24, Parcel 84, RDA, provide nourishment to bank
The RDA was withdrawn at the request of the applicant. Lauren McKean recused herself. Ginie Page moved to accept the withdrawal; seconded by Cary Rea; passed 6-0.
Bragg, 1019 Cemetery Rd., Map 36, Parcel 8, RDA, demolition of smaller of two dwellings (“cottage”) within buffer. Jason Ellis represented the applicant. The building is on cinder blocks and will be removed. The commission requested that an nearby brush pile also be removed. The debris will be placed in a dumpster and removed from the property. Terry Gips identified the RDA as a Negative 3; seconded by Cary Rea; passed 7-0.
LaBarge, 195 Briar Lane, Map 13, Parcel 119, RDA, new well and septic. Jason Ellis represented the applicant and stated the property is under agreement for purchase. He stated this is a 6 bedroom property and will be upgraded to a Title 5 with the existing three cesspools removed. This was approved by the Board of Health. He gave an overview of the wetlands in the area. The leach field will be within the buffer zone from the isolated wetland across Briar Lane. Rebecca Dalmas, abutter, questioned the bedroom count, and expressed her concern for the resources as well as requesting if the system could be moved to another location on the lot. Jason Ellis provided the Board of Health requirements for siting systems. Dalmas stated the culvert in the road is already a compromise to the area. Pamela Bauder, abutter, read a letter from several abutters in opposition to the project with concern for the trailer on the property, a letter she authored, as well as a letter from Building
Inspector Richard Stevens. The Commission explained they do not have jurisdiction on the number of bedrooms on the property, only to ensure no damage will be done to the resources during installation of the well and septic systems. Terry Gips moved to identify the RDA as a Negative 3; seconded by John Portnoy; passed 7-0.
Cavanaugh, 80A Peace Valley Rd., Map 8, Parcel 235, NOI, new dwelling & septic system (Cont’d from 02/20/13). Jason Ellis represented the applicant and requested a continuation. MESA paperwork was received and this will be a no take. Terry Gips moved to continue to 04/03/13; seconded by Ed Simpson; passed 7-0.
Pechonis, 135 Old Truro Rd., Map 8, Parcel 164, NOI, Convert barn to single family dwelling (Cont’d from 02/20/13). Jason Ellis represented the applicant and gave an overview of the project, stating the Japanese Knotweed and vernal pool issue has been addressed, and the project has been scaled back by approximately 200 feet in the new proposal. The Board of Health approved the project. The illegal fill issue of 2003 was discussed. , John Portnoy asked whether the Commission had the authority to allow construction on fill that, when originally placed, was the subject of a Conservation Commission enforcement order. Portnoy compared the existing contours with contours prior to the dumping of fill and noted that the volume of fill was substantial and clearly reduced the area of the isolated freshwater wetland at the
base of the slope on this lot. There is therefore concern that, with the steep and unstable slope, further erosion could cause additional wetland loss. A discussion took place regarding the management plan of the Japanese Knotweed. Megan Hinton, abutter, read a statement opposing the project with concern for the fill on the property as well as some fill being placed on her property. She also expressed concern with the storm water drain, also apparently covered by fill material, and the environment. Steve Pechonis provided a history of the subdivision of several lots and stated previous Building Inspectors agreed the parcel was buildable. There were questions regarding the manure management plan and Pechonis stated he has followed all the regulations. Peg McClennan, a neighbor, stated the proposed work is within the 100 foot buffer zone. Regis Lagene, neighbor, questioned about building on fill and Ellis stated he will check on the
zoning bylaws regarding building on fill and that a structural engineer will design the foundation. Jason Ellis stated there would be approximately 3,000 disturbed square feet which is allowed in the regulations. Alternative analysis needs to be provided to the commission. Ginie Page moved to continue to 04/03/13; seconded by Ed Simpson; passed 7-0.
Taylor Mgmt LLC, 165 3rd St., Map 40, Parcel 104, demolish and reconstruct dwelling, new septic. Jason Ellis represented the applicant and stated the I/A septic system was approved by the Board of Health. The new owner would like to construct a new house and add some fill to construct a berm to protect the property from the flood zone. The commission expressed concern with the proposed new footprint of 1280 square feet, stating the parcel is quite small. Ellis stated the addition of the berm would not trigger the requirement for a breakaway foundation because it would not be in the flood zone anymore. An e-mail from Fred Armstrong was read expressing concerns regarding the size. Joanna Garfinkle, abutter, read a letter she composed expressing her concerns of the size of the living area, the removal
of vegetation on the property, and fresh ground water usage. Paperwork from the state has not been received. The commission requested information on the fill, mitigations, reduction in footprint, and requested computations be added to the site plan, as well as revegetation/landscape plans. Drew Taylor stated that the proposed redevelopment would cause less impact to the environment than a 2007 plan approved by the Commission. Lauren McKean moved to continue to 04/03/13; seconded by Ed Simpson; passed 6-0.
Maxson, 915 Chequessett Neck Rd., Map 19, Parcel 102, replace seawall and rebuild porch. Tim Brady represented the application and stated the wood bulkhead would be removed and replaced with a vinyl seawall. Fill would be placed behind the seawall. He further stated that the southern-most 30 feet of the existing seawall was unnecessary and would be removed, i.e. not rebuilt. , Equipment will be used on the beach for removal of the current seawall and construction of the new seawall. To avoid damage to the healthy dune field and salt marsh to the south, equipment will access the beach via a temporary ramp built over the seawall, not through the vegetated dunes or marsh. The screened porch would be replaced by hand. Debris would be hauled off site. To protect the roads and pavement of
the driveway, mats could be used, and the Commission requested further details on protection and restoration of the driveway and adjacent vegetation. Brady stated there will be no excavating in the replacement of the seawall. Cary Rea moved to continue to 04/03/13; seconded by Ed Simpson; passed 6-0.
Wright, 0 Blackfish Creek, Map 35, Parcel 210, NOI, replace timber bulkhead with rock revetment (Cont’d from 02/20/13). At the request of the applicants, John Portnoy moved to continue to May 1, 2013; seconded by Ed Simpson; passed 6-0.
Henrickson, 0 Blackfish Creek, Map 35, Parcel 210, NOI, replace timber bulkhead with rock revetment (Cont’d from 02/20/13) At the request of the applicant, John Portnoy moved to continue to May 1, 2013; seconded by Ed Simpson; passed 6-0.
Wales, 0 Blackfish Creek, Map 35, Parcel 210, NOI, replace timber bulkhead with rock revetment (Cont’d from 02/20/13) At the request of the applicants, John Portnoy moved to continue to May 1, 2013; seconded by Ed Simpson; passed 6-0.
Patterson, 0 Blackfish Creek, Map 35 Parcel 210, NOI, replace timber bulkhead with rock revetment (Cont’d from 02/20/13). At the request of the applicant, John Portnoy moved to continue to May 1, 2013; seconded by Ed Simpson; passed 6-0.
Comly, 0 Blackfish Creek, Map 35, Parcel 210, NOI, replace timber bulkhead with rock revetment (Cont’d from 02/20/13). At the request of the applicant, John Portnoy moved to continue to May 1, 2013; seconded by Ed Simpson; passed 6-0.
John Portnoy moved to adjourn at 7:50 pm; seconded by Ed Simpson; passed 6-0.
Respectfully submitted,
Christine A. Bates
| |
