Approved
Wellfleet Conservation Commission
Town Hall
October 2, 2013, 4:00 pm
Attendees: Trudy Vermehren, Terry Gips, John Portnoy, Ginie Page, Lauren McKean, Ed Simpson, and Cary Rea, Agent Hillary Greenberg-Lemos and Christine Bates, Committee Secretary.
4:00 - Business Meeting & Conservation Agent's Report
1. Report of the Old Kings Highway/Herring River cleaning (John Portnoy). John Portnoy reported the river was blocked by sand after a major rain storm. The Friends of Herring River received help from the National Seashore along with volunteers and removed the blockage. Ditches were cut through the roadside berm to divert water from the road. Straw bales to further block runoff were not available, but will be installed soon. This is considered a temporary remedy: culverts at both Old King’s Highway and Patience Brook need to be reconstructed and increased in size to ease migratory fish passage. The Friends intends to find funds for new culvert design.
2. Ponds group update Lauren McKean stated there was one meeting which covered the use of the ponds during the summer. She stated the new pocket park in the northeast corner of Long Pond worked well. NStar fenced an area on Duck Pond Road. There will be a meeting on 10/13/13 sat 2:00 pm to discuss Gull Pond parking lot and beach redesign and on Thurs. Nov. 7, 2013 at 10:30 to discuss Gull Pond Landing and sluiceway and possibility of money from CPC.
3. Report on Woods Hole Climate Change conference: to e discussed at later time.
4. Report on Hamblin Park/Cannon Hill progress and future ideas Frank Corbin reported steps were added on the southerly side of the island. There was some vandalism with the three-rail fence (removal and breakage of some of the rails, beer cans, etc). He stated mulch will be placed on exposed sand. Corbin stated the path that had erosion has been closed. He reported tree work is done for the most part. He stated additional tree pruning should be done for the vista view . Tree to be removed or pruned will be distinctly flagged for Commission review and approval prior to further cutting. This would be phase II and he suggested Americorps and local volunteers do the work. Corbin recommended placing a post in the middle of the 8 foot path on the Pine Point location to stop vehicular
traffic. He recommended underplanting on the westerly slope where there are bare spots. He stated he will volunteer to do additional work pro-bono. The commission recommended placing some paint on the trees instead of using flags: Orange for removal and white for pruning. Ginie Page recommended using posts that are locked but can be removed for emergency access.. Agent Greenberg-Lemos stated the commission is responsible for this project and any requests for plaques, flag poles, etc. have to be approved by the commission. Denny O’Connell of the Conservation Trust stated the Trust wants the bench with a view. He stated the view is very important and as long as the roots of the trees are there, everything should stay stable. Trudy Vermehren stated the blue stone should be removed along the steps and Corbin stated that future plantings and mulch will cover the blue stone; he expressed concern that replacement of the blue
stone with native sandy soil would lead to erosion. Agent Greenberg-Lemos pointed out the approved plan has been changed . Corbin stated he has been working with the Town Administer and information was not passed to the commission. Terry Gips requested the Trust determine the location of their bench. The Commission stated that no additional work outside of the current contract would be pursued at this time.
5. Review of Meister request to plant early (based on Terrapin report and recommendation of Barbara Brennessel - to be discussed later.
6. Jurisdictional Opinion: Huss, 170 Meadow Ave West (75h St) 40/132, removal of dead wood – to be voted on later.
Public Hearings 5:10 pm:
Adams, Lot 29, US Hwy 6, Map 26, Parcel 262.1 Certificate of Compliance. Tom Adams stated the Registry of Deeds filed two Orders of Conditions, and requires an administrative sign off on the second. Trudy Vermehren moved to approve the Certificate of Compliance; seconded by Ed Simpson; passed 7-0.
Hirshberg, 25 Cranberry Way, Map 8, Parcel 175, RDA, remove 6 trees (Cont’d from 09/04/13). Lois Hirshberg stated there are trees located close to her decking. She stated the access will be only on foot and tree removal will be done by hand. Trudy Vermehren identified this as a Negative 2; seconded by John Portnoy; passed 7-0.
Jacobson/Pinter, 31 4th St., Map 40, Parcel 79, NOI, construct dwelling (Cont’d from 09/04/13). David Lajoie requested a continuation to 11/6/13. Terry Gips moved to continue to 11/6/13; seconded by Ed Simpson; passed 7-0.
Stewart, 2086 Rudy’s Way, Map 20, Parcel 19, RDA, patio deck, shed, retaining wall, rinse shower, plantings and walkway (Cont’d from 08/21//13). John Portnoy moved to continue to 10/16/13; seconded by Ed Simpson; passed 7-0.
Athans, 206 B Kendrick Ave, Map 20, Parcel 28-G, NOI, new pervious driveway and parking area (cont’d from 09/04/13). David Lajoie represented the applicant and gave an overview of the revised site plan and project. The retaining wall showed in the previous plan has been removed; however, this causes an increase in fill. There will be 250 sq. ft. of fill on the lower side of the property. Invasive species will be removed and replanted with beach grass. Tina Watson, abutter, expressed concern for her property and potential erosion on her property due to the removal of the invasive species. Lajoie explained the size of the easement for the walkway to the beach. Lauren McKean recommended a smaller parking area, requiring less fill, by having only one area for backing up.. Lajoie
stated the vehicles require 40-ft-long parking spaces in order to back up and drive out. Ms. Watson stated the character of the hill will be taken away. Lajoie requested the commission revisit the site after he has staked out the proposed parking spaces.. Trudy Vermehren moved to continue to 10/16/13; seconded by Terry Gips; passed 7-0.
Miller, 1225 State Hwy, Remove and reconstruct cottage. Tim Brady of East Cape Engineering and Ed McPartland represented the applicant. Brady stated the cottage would be removed and rebuilt on pilings in the same location; he also explained the rationale for removing some trees. There will be no change to the driveway. Brady stated the owners of the property would like the pine trees to the north removed. Portnoy questioned the need for removing these trees, since they do not affect the project, are apparently not dying, and provide vegetative buffer between upland and marsh. Terry Gips stated the proposal is a bigger building located in the buffer zone and therefore feels it has a greater impact. She and other commissioners were also concerned for the effects of this project on the adjacent marsh’s ability to move inland with the projected acceleration in sea-level rise and increased storm surges (see IPCC 2013). Brady stated he would discuss the location of the building
with the owner to get it out of the 50’ buffer zone but stated there would be less disturbance if placed in the current location than if moved back (east and landward) on the lot. Brady stated there is a fence along the property line and there is a lawn.
There was discussion whether a revetment could be constructed at some time in the future to protect the house from on-going sea-level rise and increasing storm surges. Trudy Vermehren recommended moving the decking and outside shower to the other side of the house. The commission requested a deconstruction/construction protocol. Ginie Page moved to continue to 10/16/13; seconded by Ed Simpson; passed 7-0.
Finzi, 104 MeadowView, Map 8, Parcel 170, Amended Order of Conditions. David Lajoie represented the applicant. He stated the building would be moved to the northeast and septic system located away from the buffer zone, reducing the work area. The driveway would also be located away from the wetland resources (a vernal pool). Terry Gips moved to approve the AOOC; seconded by Lauren McKean; passed 7-0 with conditions. Supervisor: John Portnoy
Marschall, 45 Forrest Rd., Map 16, Parcel 619, NOI, additions and new septic.
Lauren McKean recused herself. David Lyttle and Steve Curley represented the applicant and revised plans were discussed. The proposal now is for a mudroom and farmer’s porch and stairs on the front of the house. The driveway will be regraded to alleviate storm water erosion. Lyttle stated the slope will be stabilized with vegetation and replantings. Lyttle stated the storm runoff from the driveway will be contained, and offered to produce a cross-section and planting plan for the slope south of the house. Agent Greenberg-Lemos read the letter from the National Seashore which opposed the project due to zoning requirements and increased livable space. Lyttle stated they are reducing the livable space and the basement will be used for storage. The second floor will be 588 sq. ft.; mudroom
and porch will be 10’ x 10’. Agent Greenberg-Lemos requested a construction protocol, planting plan with native vegetation and a reduction of the limit of work area on the south side of the dwelling. Terry Gips expressed concern with the project and the size of the parcel. Terry Gips moved to continue to Oct. 16, 2013; seconded by John Portnoy, passed 6-0.
The public hearings were closed at 6:40 pm.
Jurisdictional Opinion: Huss: 170 meadow Avenue West: removal of dead wood. Trudy Vermehren moved to have the applicant file a RDA; seconded by Cary Rea; passed 7-0.
Meister: Terry Gips moved to allow Mr. Meister start planting earlier; seconded by Cary Rea; passed 7-0.
Ginie Page recommended making a site visit to the Eurich property.
Future meetings: Discuss number of boat racks at Mayo Creek; discuss Indian Neck; discuss Mayo Creek restoration, with invitations to John Riehl and Curt Felix.
Cary Rea moved to approve the amended 09/18/13 minutes; seconded by John Portnoy; passed 7-0.
Terry Gips reported on the Climate Change seminar, which was very interesting and germane to the Commission’s responsibility for regulating coastal development.
Terry Gips moved to adjourn at 6:55 pm; seconded by John Portnoy; passed 7-0.
Respectfully submitted,
Christine Bates, Committee Secretary
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