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Cons Comm Minutes 06/19/13
Approved
Wellfleet Conservation Commission
Town Hall
June 19, 2013, 4:00 pm
Attendees:  Terry Gips, Ed Simpson, Lauren McKean, Cary Rea, John Portnoy, and Ginie Page
4:00 - Business Meeting & Conservation Agent's Report
Meeting Minutes 06/05/13:  Cary Rea moved to approve the amended meeting minutes; seconded by Ed Simpson; passed 6-0.
MAIL:  
•       Summer newspaper from the National Seashore
•       E-mail from Verizon notifying of a conduit installation on Bayberry Lane
Ed Simpson reported he went to the FEMA meeting and the preliminary editions of the new Flood Insurance Rate Maps were available.  He stated there will be a community outreach hearing for Provincetown, Truro and Wellfleet.  Although no definite date has been determined, Ed recommended the public be informed of the upcoming meeting and new mapping which includes many changes that may require that more people purchase flood insurance..  Once finalized, the new FIRMs have to be voted on at a town meeting.  Ed showed  a colored map identifying the wave heights and new flood zones .  Agent Greenberg-Lemos will contact Tim King regarding the FEMA maps.    
 Hamblen Park – flag pole and plantings.  Lydia Vivante stated a flag pole has been donated for the area by an individual who then retracted the offer because the town could not provide the necessary control with lighting.  The donator had a specific site in mind which would have required tree cuttings.  The Historical Commission would like chairs or benches placed at Hamblen Park, revegetation and possibly a flag in the future.  Chair Terry Gips stated a plan has been approved by the Conservation Commission.  By way of fundraising for the restoration of the park, Lydia suggested that donors could receive naming rights to planted trees.  Bartlett, 50 Steele Road.  The commission requested the Bartletts come back because there was some tree topping on town-owned land north of their property on the Higgins Pond shoreline.  The Bartletts were uncertain what they could cut down within the 100’ buffer zone of the pond and Agent Greenberg-Lemos stated any cutting would have to come before the Commission.   Mrs. Bartlett distributed a plan identifying an area maintaining the view from the property and requested permission to do some vista pruning as well as have the town do some pruning.  Terry Gips stated a town could determine when there is a historical view and when it was established.  She also stated the Commission has to look at the proposals before them within the law, what habitats are in the area, and who benefits from changing nature.  Agent Greenberg-Lemos stated the town will not prune trees on town property in front of a pond nor does the Commission make decisions regarding tree cutting on town property and recommended the Bartletts file a NOI identifying what work they have already done on their property as well as what they would like to do on their property.  
 Americorps priorities.  :  Agent Greenberg-Lemos recommended the commissioners e-mail their Americorps priorities to her.

Public Hearings 5:00 pm:

335 Main Street, (Pres Hall), Map 14, Parcel 173, RDA, construct 8 x 12 ft shed (Cont’d from 06/05/13).  John Portnoy recused himself.  Tracy Plaut stated the four cinderblocks will be 4” high, 8” wide and 16” long to support an 8’ x 12’ shed and there is an existing path leading to the proposed site of the shed.  The Commission did not feel the revised drawing supplied was adequate because it did not identify the path, the setbacks, and the shed was not  to scale. Lauren McKean moved to identifying this NOI as a Negative 3; seconded by Ginie Page; passed 5-0.  The commission requested a certified as-built of the shed.           
 Gilroy, 83 Samoset Ave, Map 28, Parcel 113, Certificate of Compliance (addition for dwelling).  77-1250. Terry Gips moved to approve the Certificate of Compliance; seconded by Ed Simpson; passed 6-0.
Gilroy, 83 Samoset Ave., Map 28, Parcel 113, Certificate of Compliance (revetment)
Agent Greenberg reported this is in compliance and will have ongoing conditions for nourishment.  Ginie Page moved to approve the Certificate of Compliance; seconded by Ed Simpson; passed 6-0.
Crocker, 124 Route 6, Map 47, Parcel 24, Certificate of Compliance.  Agent Greenberg-Lemos stated there was one minor change to the plan and it is in compliance.  Ed Simpson moved to approve the Certificate of Compliance; seconded by Lauren McKean; passed 6-0.
Patterson, 186 Pleasant Point Rd., Map 35, Parcel 115, construct stone scape, install generator, replace patio, install hot tub on patio, inspect holding tank of septic system, plant shrubs and construct shed (Cont’d from 04/18/13).  Chris Patterson stated he has several scrub pines which are dying on the property which was not included in the filing.  After reviewing the updated site plan, Chet Lay explained that this subdivision was created in 1892 and original site plans were not expunged.  Due to the change in boundaries, the Commission would like to make another site visit, and have the applicant supply the total disturbance numbers area in square feet and percent lot coverage within the 50’ and 100’ buffer zone, identify 30’ setback line, as well as have the property staked for the site visit.   Ginie Page moved to continue to July 17, 2013; seconded by Ed Simpson; passed 6-0.
Cashin, 21 Arthur Cashin Way, Map 40, Parcel 148, Amended Order of Conditions.  David Little represented the applicant and stated the applicant would like to add an additional deck with steps.  They would also like to construct a retaining wall which is outside of the buffer zone.   Ed Simpson moved to approve the AOOC; seconded by John Portnoy; passed 6-0.  Supervisor:  Ed Simpson
Crockett, 145 and 121 Holbrook Ave., Map 20, Parcels 132 and 133, NOI, tree removal, tree pruning and brush mowing.  Chet Lay represented the applicant (SE77-1333) and he stated this is technically a coastal bank but is actually over 100 feet from tidewater because of the 1909 diking off of Mayo Creek.  He provided an overview of the tree removal and work to be performed.  The abutters signed the NOI as well as the applicant because some work will be done on their property as well.  The commission stated they did not want to see topping of all the pine trees and suggested there be a revegetation plan.  Chet Lay recommended a continuation in order for him to show the commission all the trees to be removed on site.  Terry Gips moved to continue to July 17, 2013; seconded by Cary Rea; passed 6-0.
Boratko, 40 Beach St., Map 35, Parcel 9, RDA, septic upgrade.  Emily Beebe represented the applicant providing an overview of the easement with the town.  She   stated the cesspool will be filled, the septic tank will be installed on the Boratko’s property, and there will be no work done on town property.  The well will also be replaced.  An abutter supported the project.  Terry Gips moved to identify this as a Negative 3; seconded by Cary Rea; passed 6-0.   
 Boehringer, 10 Bay View, Map 35, Parcel 33, NOI, construct covered porch, reconstruct timber stairway and sand drift fence.  Dave Little and Bob Boehringer came before the commission.  Some of the work was previously done without permission from the commission.  Little stated the house is in need of repair.  The sand drift fence was approved previously for the Footit property and this request is for an extension to the Footit fencing.   A 10 x 16 screened porch is proposed as well as the removal of a garden site next to Conservation Trust property.  No filing with NHESP was required.  A landing is proposed at the bottom of the proposed stairway.  Mr. Boehringer stated he had met with the Conservation Trust and they reviewed the paperwork and supported the projects; however,the commission requires a written letter from the Conservation Trust. The digging out for the foundation will be done by hand.  The Commission requested a construction protocol, work limit identification, and construction design of the stairs.  Agent Greenberg-Lemos stated she wanted to see a plan showing how the sand drift fence will tie into the rock revetment at the abutters property.  The state had concerns with the size of the posts and the applicant is in agreement with using smaller post size.     Betty Cotton, an abutter, questioned the parking in the right-of- way on the road and was told by the Building Inspector this is a private way.  Marian Rose, abutter, stated she has concerns with the proposed porch.   Little stated they would review sand nourishment requirements, whether it’s needed and how much, after seeing how well the fence works.  John Portnoy moved to continue to July 17 2013; seconded by Lauren McKean; passed 5-0. [Why isn’t this vote 6-0._JP]
Penfield, 114 4th St., Map 40, Parcel 108, NOI, repairs and modifications to dwelling.  Bob Perry represented the applicant and gave an overview of the project.   The work will be within the current footprint and the majority of the work will be done primarily by hand.  Perry provided detailed construction information on the areas to be repaired as well as the additional changes to the dwelling.  There was discussion regarding the foundation and gutters/storm water.  The Armstrong’s, abutters, stated they had no objections to the project.  Perry stated they are not planning on doing anything with the stairs at this point.  Terry Gips moved to continue to July 17, 2013; seconded by John Portnoy; passed 5-0.
Business meeting continued:
7:12 pm.
Jurisdictional Opinions:  
Town of Wellfleet:  Pleasant Point landing – install timber boat rack.  Ginie Page moved to approve the Jurisdictional Opinion; seconded by John Portnoy; passed 5-0.
Town of Wellfleet:  Mound Street – one Pitch pine damaged during February 2013 storm as well as infested with beetles.  Neighbor would like to see the tree removed to protect  property.  Terry Gips recommended a tree company be hired to remove the tree and moved to approve the Jurisdictional Opinion; seconded by Ginie Page; passed 4-0-1 (one abstaining).  
 Agent Greenberg-Lemos stated they would request that the owner of Jack’s Boat Rental come in to have a discussion with the Commission regarding the degradation to the resources at Gull Pond.  
 Ginie Page moved to adjourn at 7:15 pm; seconded by John Portnoy; passed 5-0.  
 
Respectfully submitted,
 
Christine Bates
Committee Secretary