Approved
Wellfleet Conservation Commission
Town Hall
April 17, 2013, 4:00 pm
Attendees: Trudy Vermehren, Terry Gips, John Portnoy, Ginie Page, Lauren McKean, Ed Simpson, and Cary Rea
4:00 - Business Meeting & Conservation Agent's Report
The Commission discussed the various vehicular accesses to the shellfish grants. Terry Gips recommended having a discussion at the next business meeting and inviting Harry Terkanian for his input. There is a problem with enforcement for those who drive on the beach without permission, frequently including wild pickers. Agent Greenberg-Lemos recommended a letter be written to Andy Koch with a copy sent to the Board of Selectmen. Trudy Vermehren also recommended there be an attachment to the Shellfish licenses identifying areas where parking is permitted.
We reviewed the summary of proposed regulatory reform revisions for wetlands from DEP. It was noted that dredging can take place in the ACEC if it promotes ecological restoration. Also, minor projects performed for highway safety improvement or utility installation within the buffer zone will be exempted from the Wetlands Protection Act.
The Herring Warden and the assistant retired from the positions. The Commission stated there is a great deal of work involved in these positions and we are uncertain how they will be filled .
Wicked Oyster, Main Street, Map 15, Parcel 4, Jurisdictional Opinion, remove locust tree. Agent Greenberg-Lemos stated she made a site visit and the locust is near the dumpster and she stated it would be fine. Ginie Page moved to approve the Jurisdictional Opinion; seconded by Terry Gips; passed 7-0.
There is a free-standing portable walk-in refrigerator/storage unit at Duck Creek Inn, also within the wetland buffer zone. The Commission will make a site visit.
MAIL:
Letter from Agent Greenberg Lemos to the Fromboluti’s requesting their attendance at the May 1, 2013 meeting regarding tree cuttings and violations on the National Seashore’s property. Mr. Fromboluti contacted Agent Greenberg-Lemos and stated he was upset with A to Z Tree who performed the work. He requested he be allowed to come to a meeting in June or July.
The Commission noted that some projects, recently approved via a jurisdictional opinion, were in fact extensive enough to require a NOI with enough detailed drawings and site plans to evaluate the likelihood of harm to wetland buffer zones and/or resources. The Commission proposed that a JO should only be appropriate for the removal of a single tree; more extensive cutting should require the filing of a NOI. There was also discussion regarding a possible checklist to give applicants.
Emergency Certification: 180 Cliff Road – the work allowed will be to remove the leach pit and deck. Agent Greenberg-Lemos stated Mr. Barringer, an abutter, was performing work within dunes and in the buffer zone of the coastal bank without a permit and was informed of the regulations . He also owns property on Bay View and abutters complained he was performing work at that location without the benefit of notifying the Commission.
Ginie Page reported there is a fallen tree in a vernal pool on Cove Road another by Uncle Tim’s Bridge which she feels should be removed. The Commission did not feel it would cause any damage.
It was reported that the Town Meeting warrant article to fund construction of a bathhouse with composting toilets at Baker’s Field will be removed by the selectmen; however, an article for planning the facility will remain on the warrant Terry Gips moved to endorse the planning and engineering grant, Article 25, ($60,000); seconded by Lauren McKean; passed 6-1. John Portnoy moved to recommend Article 24; seconded by Trudy Vermehren; failed 1-6 due. The Commission expressed concerns with the bathhouse site on the Mayo barrier beach, an area subject to coastal flooding.
Agent Greenberg-Lemos read a letter from Mr. Barringer who owns property at Bay View identifying the work he has done on the dunes and asked for direction from the Agent. The dune is not on his property. Agent Greenberg-Lemos will meet with him.
Public Hearings 5:10 pm:
Hirschberg, 29 Cranberry Way, Map 8, Parcel 176, Jurisdictional Opinion, remove pine trees (Cont’d from 04/03/13). There has been no communication with the Hirschberg’s and Agent Greenberg-Lemos recommended sending him a letter stating if any work needs to be done, he should file an RDA.
Lubell, 55 Marsh End, Map 8, Parcel 266, Certificate of Compliance. The septic system is in compliance. Ginie Page moved to approve the Certificate of Compliance; seconded by Ed Simpson; passed 7-0.
Parent, 25 Commercial St., Map 15, Parcel 103, Jurisdictional Opinion. Trudy Vermehren made a site visit and she stated the request is for the removal of six trees, one (a Larch tree) of which she didn’t feel had to be removed. She stated several of the trees are dead. Ed Simpson moved to approve the Jurisdictional Opinion but not include the Larch tree; seconded by Terry Gips; passed 7-0.
Simons, 70 Arey Lane, Map 36, Parcel 27, Jurisdictional Opinion – remove two pine trees. Agent Greenberg-Lemos stated both trees threaten the structure and chould be removed. Terry Gips moved to approve the Jurisdictional Opinion; seconded by Cary Rea; passed 7-0.
Town of Wellfleet, 255 Commercial St., Map 21, Parcel 114, RDA, tight tank for Beach Sticker Bldg. Approval has been received from the State for the installation of a tight tank which will be usable for approximately three years. This will provide wastewater disposal for staff only.
The Town Administrator and the Board of Selectmen approved the plan. Cary Rea identified the RDA as a Negative 3; seconded by Ginie Page; passed 7-0.
Linares, 50 5th Ave., Map 40, Parcel 49, NOI, replace deck and place fill by foundation (Cont’d from 04/03/14). Chet Lay represented the applicant and stated the shed has been relocated on the plan per the recommendation of the Commission. Natural Heritage responded that diamondback terrapins use this property and suggested time-of-year restrictions to avoid nesting turtles. Terry Gips moved to approve the NOI with this condition plus provision of a turtle garden; seconded by Cary Rea; passed 7-0. Supervisor: Ed Simpson
Pechonis, 135 Old Truro Rd., Map 8, Parcel 164, Convert barn to single family dwelling (Cont’d from 04/03/13). At the request of the applicant, John Portnoy moved to continue to June 5, 2013; seconded by Gine Page; passed 7-0.
Taylor Mgmt LLC, 165 3rd St., Map 40, Parcel 104, NOI, demolish and reconstruct dwelling, new septic (Cont’d from 04/03/13). At the request of the applicant, Terry Gips moved to continue to June 5, 2013; seconded by Ed Simpson; passed 7-0.
Gussack, 80 George’s Way, Map 16, Parcel 610, NOI, Convert 3 season home to year round (Cont’d from 04/03/13). Lauren McKean recused herself. Gordon Peabody represented the applicant. New plans were reviewed and Peabody gave an overview of the project and the changes the Commission had requested. He stated the National Seashore requested the shed be relocated but Peabody stated the owners would like to utilize the shed. The Commission determined it would create additional erosion/damage if it were moved and the applicant will have to come back to the Commission if they build a new shed in the future. There was discussion regarding plantings. Terry Gips moved to approve the NOI; seconded by John Portnoy; passed 6-0. Supervisor: Trudy Vermehren
Patterson, 186 Pleasant Point Rd., Map 35, Parcel 115, RDA, , construct stonescape, install generator, construct a pervious patio, install hot tub on patio, inspect holding tank of septic system, plant shrubs and construct shed (Cont’d from 04/03/13). A site visit was made. Chris Patterson, Meg Jackson, and Guy Nelson came to the table. The Commission requested a new plan be provided to identify the limit of work, the location of the shed including measurements, a scale on the plan, and description of materials. The site plan needs to identify the 50’, 100’ buffer zones and ACEC line as well as identify the trees on the property. The Agent will provide a list of plants for revegetation . Ginie Page moved to continue to May 1, 2013; seconded by John Portnoy; passed 7-0.
Terry Gips moved to adjourn at 6:35 pm; seconded by John Portnoy; passed 7-0.
Respectfully submitted,
Christine A. Bates, Committee Secretary
| 