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Cons Comm MInutes 12/04/13
Approved
Wellfleet Conservation Commission
December 4, 2013 meeting
Town Hall Meeting Room
Attendees:  Terry Gips, Trudy Vermehren, Ginie Page, Lauren McKean, John Portnoy and Cary Rea.
Regrets:  Ed Simpson

4:00 - Business Meeting & Conservation Agent's Report
Meeting Minutes:  
•       10/16/13: Trudy Vermehren moved to approve the amended meeting minutes; seconded by Cary Rea; passed 4-0.
•       11/06/13:  hearings:  Trudy Vermehren moved to approve the amended meeting minutes; seconded by Cary Rea; passed 6-0.            
•       11/20/13:  John Portnoy moved to approve the amended meeting minutes; seconded by Cary Rea; passed 6-0..
Wesley Swamp:  to be continued.
Boat Rack discussion:  to be continued.
0 Blackfish Revetment:  Bob Perry came to discuss filing a new NOI application and John Riehl came representing the NRAB committee.  Perry stated he went to the Board of Selectmen first because it is town owned land.  He stated the best solution is for the bulkhead to be fortified with new sheeting, install new anchorage, and provide a beach nourishment management program.  The property owners involved would be held responsible for the nourishment and Perry is looking to determine what the volume will be.  An easement for the property owners for stairways and landings will require further discussion.  He stated work can be done without any harm to the marsh area using a small excavator brought in by a barge at high tide.  There was discussion regarding the number of private property owners involved and it would be difficult to approve a NOI without the Patterson property involved.  Perry stated replacement and repair is allowed by DEP for bulkheads and will not require MEPA review.  John Portnoy stated there are horseshoe crabs spawning along the beach but there is not enough elevation for them to lay their eggs.   Perry and Riehl stated public access to the beach at high tide is not the best option in this area.  It would be unsustainable to bring a beach back by placing sand in the area.  Perry feels the project should be one filing, not individuals, and he will require all parties be involved.  Perry felt all platforms on the bank should be minimized.  Terry Gips stated there is a path for public access to the area which needs better signage to the water.  Perry will have a discussion with his clients and come back to the commission.       
Public Hearings 5:00 pm:
Blasch, 1440 Chequessett Neck Road, AOOC, replacement of beach stairs.  Emily Beebe represented the applicant, along with Chet Lay.  Lauren McKean recused herself.  In March 2013 approval was received from the Commission for a new stairway design and the proposed Amended Order of Conditions will be a simpler design using a pivot design at the bottom.  Portnoy stated the profile of the beach will change and the stairs will have to be rebuilt or fixed yearly.  Removal of eroding stairs will be a condition placed on the approval.  John Portnoy moved to approve the AOOC; seconded by Ginie Page; passed 5-0 with conditions.  
Nemetz, 346 King Phillip Rd., Map 35, Parcel 179, RDA, septic upgrade.  Emily Beebe represented the applicant and gave an overview of the project, identifying the work within the resources.   A silt fence will be used for the work limit.  Trudy Vermehren identified this project as a Negative 3; seconded by Ginie Page; passed 6-0.
Athans, 206 B Kendrick Ave, Map 20, Parcel 28-G, NOI, new pervious driveway and parking area (cont’d).  David Lajoie requested a continuation to 01/15/14; Terry Gips moved to continue to 01/15/14; seconded by John Portnoy; passed 6-0.
Amsler, 313 Main St., Map 14, parcel 177, NOI, two 10 x 12 sheds (Cont’d)  At the request of the applicant, Terry Gips moved to continue to 12/18/13; seconded by Trudy Vermehren; passed 6-0.
Cole, 60 Perch Pond Rd., Map 8, Parcel 78-6, NOI, construct new dwelling 12/19/13.  David Lajoie represented the applicant and stated the proposed project has been reduced with a  shorter distance between the two buildings, the grading on the north side will eliminate fill in the resources, bedroom count has been reduced, and a corner of the porch will be the only structure in the 100’ buffer zone.  They are requesting a view corridor from the dwelling to the 20’ contour.  Invasives are to be removed with filtered views and replanting with native plants.  Agent Greenberg-Lemos stated the commission would require a pruning and replanting plan.  Ginie Page recommended waiting until the house is erected to determine what limbs will be removed, but Lajoie reminded us that such an idea had been discouraged by the Commission at the previous meeting.  Lajoie asked if the owners could have access to the pond through the wetland which would require an elevated walkway.  Lajoie will flag the walkway area as well as the trees to be pruned.  Terry Gips moved to continue to 12/18/13; seconded by Cary Rea; passed 6-0.      

Jacobson/Pinter, 31 4th St., Map 40, Parcel 79, NOI, construct dwelling (Cont’d to 12/4/13).  At the request of the applicant, Terry Gips moved to allow the withdrawal of the application without prejudice; seconded by John Portnoy; passed 6-0.
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 explained the changes in the revised plan, identifying the limit of work, the area of disturbance, areas of grading.  He also presented the plan for managing the Japanese knotweed in a way that does not cause it to spread elsewhere.  Trudy Vermehren moved to approve the NOI with conditions; seconded by Cary Rea; passed 6-0.  Supervisor:  Trudy Vermehren         
Stahler, 17 Crest Ave./0 Prospect Ave, Map 35, Parcels 91 and 91.1, NOI, tree clearing and replanting.   At the request of the applicant, Terry Gips moved to continue to 12/18/13; seconded by John Portnoy; passed 6-0.
Green, 75 Lookout Rd., Map 35, Parcel 16, NOI, new septic.  David Lajoie represented the applicant and the work will take place on the southwest side of the property.  All areas will be revegetated within the resources.  Lauren McKean moved to approve the NOI; seconded by Trudy Vermehren; passed 6-0.  
Limbach, 599 Chequessett Neck Rd., Map 19, Parcel 119, RDA, prune branches and plant cedar trees.  The representative for the applicant did not come to the meeting.  Ginie Page moved to continue to January 15, 2014; seconded by John Portnoy; passed 6-0.
Stuart, 240 Bayberry Lane, Map 41, Parcel 127, NOI, septic upgrade.  David Lajoie represented the applicant and gave an overview of the project, identifying the resources and the need to place the system within the buffer zone.  An I/A system will be utilized.  Trudy Vermehren moved to approve the NOI; seconded by Cary Rea; passed 6-0.  
McMahon, 54 Valley Rd., Map 4, between parcels 22 and 26, RDA, repair driveway, remove and clear brush, prune and remove trees, new septic and well.  Terry Gips moved to continue to 12/18/13; seconded by Trudy Vermehren; passed 6-0.
Business Meeting (Cont’d)
The commission will discuss Wesley Swamp and the Fromboluti property at the 12/18/13 meeting.
The Commission will review the boat racks at the January 2014 meeting.
Jurisdictional Opinion:  O’Connor -  there is one pine and one oak adjacent to the structures which need to be removed.  Terry Gips moved to approve the Jurisdictional Opinion; seconded by Trudy Vemehren; passed 5-1.
Agent Greenberg-Lemos advised the commission of an e- mail from Corbin regarding Hamblin in which he claimed he felt there was damage to the top rails on the fence because of an absence of a bench.  The commission will allow a bench be placed by the Historical Commission.
Sustainable Wellfleet – to be discussed in 2014.  
John Portnoy moved to adjourn at 6:25 pm; seconded by Cary Rea; passed 6-0.
Respectfully submitted
Christine Bates, Committee Secretary