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Approved
November 20, 2013
Conservation Commission Meeting Minutes
Town Hall
Attendees: Terry Gips, Trudy Vermehren, Ginie Page, Ed Simpson, Lauren McKean, Cary Rea and John Portnoy
4:00 - Business Meeting & Conservation Agent's Report
Mail: Definitive sub-division plan (William Hahn) off Old King’s Hwy, Map23, Parecel 46 – Natural Heritage identified box turtles, limited work, and the commission requested storm drains and maintenance.
Letter from Harry Terkanian to Jack Fierra (Jack’s Boats) requesting timely removal of shed on town property at Gull Pond. Barbara Bennessel stated that the shed has been removed.
Letter from Robert Perry (Cape Cod Engineering) requesting permission from the Board of Selectmen to repair and maintain the bulkhead at Pleasant Point. The letter gave a summary of the proposed maintenance and requested an easement or license from the Town of Wellfleet. John Portnoy stated NRAB wanted assurance of public access. The Selectmen agreed that the project should come back to both Conservation Commission and NRAB. There are 5 applicants. NRAB will come to the next meeting to discuss the access issues. Terry Gips stated that access to this shore should be from the east where the Commission has installed a public kayak rack; moreover, signage is needed to direct people to this route. Letter from E. Beebe showing proposed bunk house at 90
LeCount Hollow Rd (O’Connor), identifying some of the proposed changes which include placing the shower on the deck and removing the patio. She requested a field change because there would be less activity in the resource area. Terry Gips moved to approve the Field Change; seconded Ed Simpson; passed 6-0.
Barbara Brennessel reported that there is severe erosion at the end of the revetment at Field Point (Yankelovitch property). Agent Greenberg-Lemos stated the site was supposed to have been nourished with sand by this past April 15 and it has not been done. She stated she will issue an enforcement order.
RDA vs NOI: Several RDAs are intensive projects and therefore should be filed as NOIs with supervision from the commission. Agent Greenberg-Lemos stated she will advise people coming into her office to file NOIs if the projects appear to be more intense and the commission will direct applicants to file NOIs at hearings if necessary.
Fertilizer Regulations (Board of Health). The Cape Cod commission postponed the regulation for one year. Agent Greenberg-Lemos stated there was an alternative A and alternative B plan proposed and the regulation is for turf only. Therefore, the commission will not address this subject at this time.
Horseshoe crabs: Barbara Brennessel expressed concern that soft structures, e.g. sand bags, used to armor the shoreline are just as damaging to horseshoe crab spawning as hard structures (revetments and bulkheads). Both block spawning crabs from reaching high intertidal beaches, required for the survival of spawned eggs. Barbara stated the population is in serious decline; however, DMF has rejected Wellfleet’s attempts to impose a moratorium on harvest because the agency contends that coastal armoring is the major cause of crab decline in Wellfleet Bay . Portnoy questioned what could the Conservation Commission do, change regulations? Agent Greenberg-Lemos stated the projects could be denied based on our existing local bylaw because it affects wildlife and their reproduction. She stated the
state regulations allowing soft structures will most likely never be changed, at least not in the near future. Portnoy recommended monitoring the flooding frequency of crab spawning beaches and comparing those flooding regimes with published information on flooding frequencies that promote the survival of crab eggs. Barbara will look for support for such a study.
Next business meeting: Wesley swamp water management, litter, illegal fill, etc.
Public Hearings 5:00 pm:
Jacobson/Pinter, 31 4th St., Map 40, Parcel 79, NOI, construct dwelling. At the request of the applicant, Terry Gips moved to Continue to 12/4/13; seconded by John Portnoy; passed 6-0.
Amsler, 313 Main St., Map 14, parcel 177, NOI, two 10 x 12 sheds (Cont’d). Due to lack of revised paperwork, Ginie Page moved to continue to 12/4/13; seconded by Terry Gips; passed 6-0.
Bruno, 55 7th St., Map 40, Parcel 143, RDA, construct deck (Cont’d). Mr. Bruno gave an overview of the project. Sonotubes will be used for support and will be hand dug. The concrete will be hand mixed and wheel barrowedto the site . Trudy Vermehren identified this as a Negative 3; seconded by John Portnoy; passed 7-0.
Athans, 206 B Kendrick Ave, Map 20, Parcel 28-G, NOI, new pervious driveway and parking area (cont’d). David Lajoie requested the project be continued to 12/04/13. Terry Gips moved to continue to 12/04/13; seconded by John Portnoy; passed 7-0.
Lanza, 113 4th St., Map 40, Parcel 118, NOI, demolish and rebuild dwelling (Cont’d). At the request of the applicant, Trudy Vermehren moved to withdraw without prejudice; seconded by Ed Simpson; passed 7-0.
Eurich, 1065 Cheq. Neck Rd., Map 19, Parcel 91, Certificate of Compliance (cont’d). Lauren recused herself. Gordon Peabody, Lara Henry and Mr. Eurich came to the table. Peabody recommended there be a person who will do compliance monitoring. Agent Greenberg-Lemos stated everything is in compliance except the plantings on the roof which was on the approved plan. Ginie Page, the supervisor, had concerns with additional building on the ground, the container for a tank in the driveway, and the railing/deck on the well house. Lot coverage computations were provided, which showed little difference between proposed and as-built coverage. Peabody stated the vegetation is in very good condition. Trudy Vermehren moved to approve a Certificate of Compliance; seconded by John
Portnoy; passed 5-0 with one abstaining.
Shactman, 30 River View Rd., Map 8, Parcel 212: RDA, repair, reinforce and replace decking. Eric Larson represented Mr. Shactman and stated the footings and posts supporting the deck will be replaced. Concrete will be hand delivered to the work location. Larson explained the construction of the deck. All work will be done by hand. John Portnoy moved to identify the project as a Negative 3; seconded by Cary Rea; passed 6 with 1 abstaining.
Blasch, 1440 Chequessett Neck Road, AOOC, replacement of beach stairs. At the request of the applicant, Trudy Vermehren moved to continue to 12/4/13; seconded by John Portnoy; passed
7-0.
Domenech, 70 School St., Map 13, Parcel 86, NOI, 8 x 10 shed, concrete retaining wall, wooden retaining walls, stone planters and timber steps. Chet Lay represented the applicant and stated a new 8 x 10 shed will be constructed, as well as landscaping features. Lay reviewed the construction protocol and limits of work. Concrete will be delivered by a chute from the parking area or on the road. All areas that are disturbed will be revegetated. There will be two doors on the shed. Mr. Domenech presented a drawing identifying the grade of the project/land. There is invasive Japanese knotweed on the property and the commission expressed concern with the removal of the plant, including the roots rhizomes. Abutter Terkanian had no objection to the project, and abutter McFeeley expressed
concerns with the resources. The commission did not want to see any disturbance to the rooted plants which help with erosion. Work will be performed by hand. The commission requested a cross section of the curbing, identifying the contours, protocol of removing the soil, and the calculations of area of disturbance and a long-term management plan of the knotweed. Terry Gips moved to continue to 12/4/13; seconded by Cary Rea; passed 7-0.
Stahler, 17 Crest Ave./0 Prospect Ave, Map 35, Parcels 91 and 91.1, NOI, tree clearing and replanting. Chet Lay represented the applicant and stated there are two properties involved, one which is unbuildable. The applicant would like to remove 60 trees on and above the coastal bank. This project would evolve over 3 years. Portnoy stated he had concern with removing the pitch pines which serve as a stabilizer for the slope. Other commissioners stated that there could be some branch trimming and scale back the work with moderate cutting/clearing. Ms. Stahler stated they want to keep some of the trees. Chet Lay will flag trees and requested another site visit. Ed Simpson stated 60 trees are too many to cut. Agent Greenberg-Lemos requested a revegetation plan. The
commission would like to see more of a filtered vista as opposed to clear cutting. There were two abutters which had no objection to the project. However, Roland Blair, abutter, stated he is concerned with the removal of all the trees and referenced another property on this coastal bank which had been clear cut. It was recommended an arborist look at the property. Ginie Page moved to continue to 12/4/13; seconded by Terry Gips; passed 7-0.
Cole, 60 Perch Pond Rd., Map 8, Parcel 78-6, NOI, construct new dwelling. David Lajoie represented the applicant and supplied an Alternatives Analysis. He stated this is a vacant parcel and it will be new construction. He identified the buffer zone and explained the house will be 20’ x 80’. It was recommended the house be shifted back about 10 feet, and/or slightly rotated, to get it out of the buffer zone. Portnoy recommended making a condition that there be no future cutting within the shrub border of the pond. The commission requested Lajoie identify on the site plan the desired vista to be cleared. Trudy Vermehren moved to continue to 12/4/13; seconded by Ginie Page; passed 7-0.
Ed Simpson moved to adjourn at 6:55 pm; seconded by John Portnoy; passed 7-0.
Respectfully submitted
Christine Bates, Committee Secretary
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