Approved
August 21, 2013
Conservation Commission Meeting Minutes
Town Hall
Attendees: Terry Gips, Trudy Vermehren, Ed Simpson, Lauren McKean, Cary Rea, John Portnoy, and Ginie Page. Staff: Hillary Greenberg-Lemos and Christine Bates
4:00 - Business Meeting & Conservation Agent's Report
Meeting called to order at 4:05 pm
NRAB, John Riehl stated the NRAB reviewed the Town parcels which require protection. A list of parcels was distributed to the commission which are associated with salt marshes, coastal banks, barrier dunes and ponds. He provided locations of each of the parcels. Jan Plaue of the Open Space Committee stated she felt the Conservation Commission could present several parcels at one time for a Town Meeting vote, explaining the environmental needs. Robert Hubby, chair of the Open Space Committee, reminded everyone of the need to protect upland bordering tidal marshes, given sea-level rise, to allow coastal wetlands to migrate inland, or disappear. The commission would like an opportunity to visit these parcels.. John
Riehl stated he would come back to the commission for further discussion.
Terry Gips stated the commission will be addressing pond issues and requested John Riehl come to a meeting in October. Lauren McKean recommended having a debriefing on the pond issues, based on our experience this summer, in September.
Open Space Committee-ACEC: Jan Plaue stated the committee has been reviewing their Five Year Plan and the connection with the conservation commission regulations and changes to the ACEC. She recommended a sub-committee be formed to review new FEMA maps and the Conservation Commission regulations. There was discussion regarding the 10 foot contour and the ACEC line. There were changes to the regulations which include the ACEC. John Riehl stated the 2006 Harbor Management plan has been successful in many areas however, there are still concerns with the future rising water, climate changes, potential storms and protecting the shoreline. The commission discussed what committees and people should be involved with a subcommittee. It was recommended asking for legal assistance. The Open Space committee will be sending material to Agent Greenberg-Lemos to distribute to the commission.
Ken McPhee of Bartlett Tree Service and Janet Lesniak from Preservation Hall came to the table to discuss the application of insecticides on town land. Agent Greenberg-Lemos and the Commission learned of pesticide spraying for mosquitoes at Preservation Hall after treatments were applied this summer. Lesniak stated 2 years ago there were mosquitoes in the back yard and Bartlett Tree stated they had a product that was classified as organic . There is no evidence of permission from the town. Three treatments were applied in 2013. McPhee stated he had discussions with the Recreation Department for Baker Field and was not aware of any town rules regarding spraying for insecticides. He provided information on the product
applied at Pres Hall. Lesniak stated she was not aware if the contract between the town and Pres. Hall was reviewed in terms of the use of insecticides. Trudy Vermehren stated the product used cannot be considered truly organic even though Bartlett states it is organic. Terry Gips was concerned about the wind velocity when the product was applied. Portnoy asked if the spraying extended to the Phragmites bordering Wesley Swamp, a serious concern because of the toxicity of the insecticides to aquatic animals. McPhee said that it was applied only to the trees. Peter Stewart from the audience, stated the policy in place does not give the Commission enough strength for enforcement. He recommended making this policy a by-law at town meeting. Any future spraying must get approval from the Conservation/Health agent as well as the Town Administrator.
Jurisdictional Opinion: Finkelstein, 55 Forest, 1 white pine removal. Trudy Vemehren moved to approve the Jurisdictional Opinion; seconded by John Portnoy; passed 7-0.
Public Hearings 5:18 pm:
Town of Wellfleet, Maps 14 and 15, installation of new water main along various streets. Paul Millett of Environmental Partners Group stated an additional 1 ½ miles of water mains will be constructed. There will be no change in road grades. There are no MESA issues. Straw bales and fencing will be provided for the work limit. The commission would like to see the culvert replaced at Mayo Creek where it passes under Chequessett Neck Road, as part of the project. Trudy Vermehren moved to approve the NOI; seconded by Cary Rea; passed 7-0. Supervisor: Trudy Vemehren.
Coates, 10 First Ave., Map 30, Parcel 120, Certificate of Compliance. Lauren McKean stated she made a site visit and it is in compliance. Lauren McKean moved to approve the Certificate of Compliance; seconded by Ginie Page; passed 7-0.
Ross, 945 Chequessett Neck Rd., Map 19, Parcel 98, RDA, septic upgrade. Tim Brady gave an overview of the topography of the parcel and stated there will be an alternative treatment system installed, in place of the cesspools, to increase nitrogen removal. He stated a mini-excavator will be utilized for installation. The area will be returned to its original vegetated state. Terry Gips moved to identify this as a Negative 3; seconded by Cary Rea; passed 7-0.
Stern, 280 Circuit Rd., Map 25, Parcel 9, NOI, relocate dwelling & septic upgrade. Lauren McKean recused herself. Jason Ellis represented the applicant and stated the house will be moved further away from the coastal bank. He stated the septic system will be an alternative treatment system with increased nitrogen removal. The current foundation will be removed and replaced. This was approved by the Board of Health and will have to go before the ZBA. The National Park Service letter was read into the record with a request for the relocation of the dwelling with greater setback from the NPS property line and a construction protocol. The commission requires a deconstruction protocol, a reconstruction plan and a planting plan. John Portnoy moved to continue to Sept. 4; 2013; seconded by
Trudy Vermehren; passed 6-0.
Neave and Yenawine, 45 School House Hill, Map 9, Parcel 633, NOI, 10’ x 16’ addition. Lauren McKean recused herself. Jason Ellis represented the applicant and gave an overview of the project. Trudy moved to approve the NOI with conditions; seconded by Ed; passed 6-0. John Portnoy supervisor
Jacobson/Pinter, 31 4th St., Map 40, Parcel 79, NOI, construct dwelling. David Lajoie represented the applicant and stated there was approval in 1999/2000 for the construction of a new 30’ x 40’ dwelling. The new dwelling will be 40’ x 50’. He gave an overview of the project and stated a new well would be installed. There will be an alternative wastewater treatment system constructed. The commission questioned why the dwelling could not be located further south on the property and Lajoie stated there are several trees on the south of the property which would have to be removed, suggesting that the Commission might view this as more harmful to the resources. There are no final building plans available at this point. MESA has not responded as yet. Terry Gips moved
to continue to Sept. 4; seconded by John Portnoy; passed 7-0.
Behan, 265 Ridgeway Rd., Map 24, parcel 146, AOOC. Lauren McKean recused herself. David Lajoie represented the application and stated this is an after-the- fact filing for erosion control on the bank. The AOOC is to allow the netting on the coastal bank to remain in place following an enforcement order. John Portnoy asked that approval be conditioned with a requirement that any netting or other structures that erode from the bank (e.g. during a storm) be removed from the beach by the applicant. A new NOI will be submitted for removal of the house. Trudy Gips moved to approve the AOOC with conditions; seconded by Cary Rea; passed 6-0.
Ginie Page moved to close the public hearings at 6:20 pm; seconded by Trudy Vermehren; passed 7-0.;
Business meeting reopened at 6:21 pm.
Agent Greenberg-Lemos distributed an e-mail from Harry Terkanian regarding Jack’s Boat Rental. Jack’s Boat Rental went before the Board of Selectmen. Agent Greenberg-Lemos, Trudy Vermehren and Cary Rea, who were present at the meeting, gave an overview.. The commission expressed concern with how the Board of Selectmen responded regarding the violations, their apparent lack of understanding of the commission’s responsibility to enforce the Wetlands Protection Act, the fines and the lack of recognition of the members who were at the meeting. Trudy Vermehren stated the Board of Selectmen referred the issue back to the commission. Terry Gips and Trudy Vermehren will send a letter to the Selectmen explaining the Commission’s responsibility to enforce State law and further describing the
environmental damage to shoreline vegetation at Gull Pond. They will also request a meeting with the Board of Selectmen to make a presentation on what the commission does, the reasons for enforcement and regulations. Ed Simpson moved to continue issuing the enforcement tickets to Jack’s Boat Rental until he complies with the State mandated regulations which is the commissions requirement; seconded by John Portnoy; passed 6-0 with Lauren McKean abstaining.
Trudy Vermehren moved to adjourn at 6:45 pm; seconded by Terry Gips; passed 7-0.
Respectfully submitted
Christine A. Bates, Committee Secretary
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