Approved
Wellfleet Conservation Commission
Town Hall
April 3, 2013 4:00 pm
Attendees: Trudy Vermehren, Terry Gips, John Portnoy, Ginie Page, Ed Simpson, and Cary Rea
Regrets: Lauren McKean
4:00 – Business Meeting and Conservation Agent’s Report
Letter from Cape Cod Commission concerning minor modification to the tower on Gross Hill Road. The timeframe for work is from October to April, but Ginie Page reported that Osprey have been seen on the tower beginning in mid-March. Therefore, Trudy Vermehren moved to write a letter to the Cape Cod Commission and request that work stop by mid-March and that any future letters be addressed to her or Terry Gips; seconded by John Portnoy, passed 6-0.
Letter from Emily Beebe to Hillary Greenberg-Lemos regarding Blasch stairs, asking for permission to use an excavator placed on a wooden platform instead of the previously proposed bobcat, to deposit sand over the coastal bank.
Memo to Board of Selectmen regarding conservation restrictions (140 Pond Avenue and property off Coles Neck Road).
Summary of proposed regulatory wetland requirements. Trudy Vermehren moved to review the paperwork and have as an agenda item on April 17, 2013; seconded by Ed Simpson; passed 6-0.
Meeting Minutes:
March 6, 2013: Ginie Page moved to approve the amended meeting minutes; seconded by Cary Rea; passed 5-0.
March 20, 2013: Trudy Vermehren moved to approve as amended; seconded by Ed Simpson; passed 6-0.
FEMA Floodplain maps – the maps will be made available April 25, 2013. There will be a 90 dayi public review period; the maps will be finalized on Dec. 23, 2013 and effective in June 2014. John Portnoy stated the current maps of 20 + years have erroneous flood elevations that h ave been corrected on the new maps. Because the commission is receiving and will continue to receive applications for projects within the flood zones before the new maps are effective, the Commission will recommend that applicants inspect the new maps to see how revised flood zones maiy affect construction and flood insurance. Agent Greenerg-Lemos will ask Tim King what thie process is for public use of the FEMA maps.
Renourishment where there is no revetment. John Portnoy expressed concern with people adding sand to an area where there is no structure to protect. Agent Greenberg-Lemos stated applicants can propose it but the lCommission does not have to agree with the proposal as the sand probably will not stay in the area. Also, there could be damage done to the top of the bank when depositing the sand. There could be a policyi but it wouild not be a regulation. It will be the applicant’s responsibility to prove that it benefits the natural resource.
Access to Egg Island: Agent Greenbeg-Lemos stated this was discussed in 2006 and the Commission had agreed that licensed grant holders may access the island by vehicle during low tides of -1 foot ML W or less. Access is further limited to the dayitime, from sunrise to sunset. Alfred Pickard requested that the Commission inform both the town administration and Egg Island grant holders of these conditions.
Public Hearings 5:00 pm
Bruinooge, Shellfish grant. RDA. Paperwork was received from the Army Corp of Engineering. Trudy vermehren moved to identify this as a Negative 2 Determination; seconded by Ed Simpson; passed 6-0. Access will be by Old Wharf Road.
Hirschberg, 29 Cranberry Way, Map 8, Parcel 175, Jurisdictional Opinion, remove pine trees (Cont’d from 03/20/13). There was inadequate information at the lst meeting and no new paperwork has been received. Terryi Gips moved to continue to 04/17i/13; seconded by John Portnoy; passed 6-0.
Maxson, 95 Chequessett Neck Road, Map 19, Parcel 102, NOI, replace seawall and rebuild porch (cont’d from 03/20/13). Tim Brady represented the applicant and passed out revised plans. The wall will be shortened and the old wall will remain in place. There will be approximateliy 140 cubic yiards of fill for a one-time placement landward of the seawall. Natural Heritage responded. The driveway will not be repaved but stabilized byi stone or gravel. Beach grass will be planed on added fill landward of the seawall. Trudy Vermehren moved to approve the NOI; seconded by Cary Rea; passed
6-0.
Cavanaugh, 100 Peace Valley Road, Map 8, Parcel 235, NOI, new dwelling and septic system (Cont’d from 03/20/13). Jason Ellis represented the applicant and stated the elevations on the revised plan have been corrected to NGVD-29. The commission urged the applicant to inspect the new draft fEMS flood insurance rate maps which mayi show a much higher flood elevation in this area of upper Pole Dike Creek. All paperwork from the State has been received. Ed Simpson moved to approve the NOI; seconded byi John Portnoy, passed 6-0. Suipervisor: Ed Simpson moved to approve the NOI; seconded by John Portnoy; passed 6-0. Ed Simpson, Supervisor
Pechonis, 135 Old Truro Rd., Map 8, Parcel 164, Convert barn to single family dwelling (Cont’d from 03/20/13). Jason Ellis represented the applicant and provided an alternative analysis as well as explained the changes to the revised plan. The proposed lot coverage was reduced by 200 sq. ft. with a reduction in the size of the decking, and there will be less excavation on the hill. A garage would be built on the west side and the Building Inspector advised Ellis there are no regulations regarding building on fill. The buildings will be placed on a monolithic slab, with less disturbance to the fill. The deck would require one or two sonotubes. John Portnoy stated there has been no restoration of the fill and he stated there is over 1,000 sq . ft. of fill added to the contours. Aget
Greenberg-Lemos stated in 2003 the Commission addressed the issue with an Order regarding the fill and did not order the fill be removed because it would have created additional resource issues. Portnoy does not feel the banking is stable. Trudy Vermehren expressed her concern again with the Japanese Knotweed. Ellis stated the bank can be revegetated. Megan Hinton, abutter, stated she was speaking on behalf of other neighbors and recommended the Japanese Knotweed be addressed prior to any construction. She stated the fill continued after 2003 and she is concerned with the storm drain. A letter from Margaret McClellan was read with concerns regarding the storm drain and wetland. Trudy Vermehren questioned the easement where the storm drain is located and the elevation of the pipe(s) and it was determined it was from the 1971 Schofield development. The Commission would like to do another site visit and requested the
applicant provide mitigation to eliminate the knotweed and provide a timeline of revegetation as well as alternative analysis to the building and size. Terry Gips moved to continue to April 17, 2013; seconded by Trudy Vermehren; passed 6-0.
Taylor Mgmt LLC, 165 3rd St., Map 40, Parcel 104, demolish and reconstruct dwelling, new septic (Cont’d from 03/21/13). At the request of the applicant, Terry Gips moved to continue to April 17, 2013; seconded by Trudy Vermehren; passed 6-0.
Chequessett Yacht Country Club, 675 Cheq. Neck Rd., Map 19, Parcel 115, RDA, construct lean-to shed. Barbara Boone stated the Commission had previously approved a 10 x 30 shed and requested a lean-to shed off the Boat House, which will be less construction, less disturbance and less money. There would be minor excavation to level out the land and there will be no solid floor to the shed. It was recommended there be gutters or dry wells. (make notation in file on NOI/Certificate of Compliance no shed was built). Trudy Vermehren identified this as a Negative 3; seconded by Ginie Page; passed 6-0.
Gussack, 80 George’s Way, Map 16, Parcel 610, NOI, Convert 3 season home to year round. Joy Cumming and Gordon Peabody represented the applicant and gave an overview of the project and explained the deconstruction protocol. There will be one piece of equipment to remove the current structure which will reduce the amount of damage to the resources. The Commission requested slope elevations as well as architectural design of the dwelling, and identification of the species for the grasses. The existing foundation will be stabilized and the footprint will remain the same. Native vegetation will be used. A letter from CCNS was read with their concerns including having the shed moved. Peabody stated an abutter expressed concern with parking. Terry Gips moved to continue to 04/17/13;
seconded by Ginie Page; passed 6-0.
Patterson, 186 Pleasant Point Rd., Map 35, Parcel 115, RDA, , construct stonescape, install generator, replace patio, install hot tub on patio, inspect holding tank of septic system, plant shrubs and construct shed. At the request of the applicant, Terry moved to continue to 04/17/13; seconded by Trudy Vermehren; passed 6-0.
Linares, 50 5th Ave., Map 40, Parcel 49, NOI, replace deck and place fill by foundation
Chet Lay represented the applicant and provided photographs. The new decking will be supported by nine sonotubes and a portion will become a screened porch. New stairs will be built and they want to replace a utility shed which held a generator with a new shed. A new outdoor light is requested as well. A dumpster will be emptied each day with debris and all disturbed areas will be revegetated. Mr. Linares stated they would like to keep the shed in the same location because there is a pad there already, they wouldn’t have to remove trees at another location and it is not seen from the neighbors. The Commission requested the shed be located out of the 50’ buffer. Chet Lay requested a continuation to 04/17/13. Terry Gips moved to continue to April 17, 2013; seconded by Ed
Simpson; passed 6-0.
Business meeting (Cont’d):
Emergency Order / Certification: Melinda Krasting 180 Cliff Rd, leach pit and deck have slipped over the bank – need to be removed. Terry Gips moved to approve the Emergency Order; seconded by Ginie Page; passed 6-0.
Emergency Order / Certification: Town of Wellfleet DPW, off Briar Lane near the Box lunch. The DPW wants to excavate and remove materials in the culvert. (the well is exposed from the Box Lunch). There was discussion regarding this being a yearly event with cleaning the culvert. The Commission is requesting the debris be removed from the site and requested the Norway Maple be removed as well. Terry Gips moved to approve the Emergency Order; seconded by Cary Rea; passed 6-0.
Trudy Vermehren moved to adjourn at 7:25; seconded by Ginie Page; passed 6-0.
Respectfully submitted,
Christine A. Bates, Committee Secretary
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