Approved 03/15/23 Conservation Commission Mtg Mins

Meeting date:

Wednesday, March 15, 2023

Approved

Wellfleet Conservation Commission

Meeting Minutes

arch 15, 2023

In attendance: Chair Leon Shreves, Clerk Michael Fisher, Robert Stewart, Barbara Brennessel, Ben Fairbank, and Marty Murphy.

Regrets: John Cumbler

4:00 pm

Business Meeting

Jurisdictional Opinions:

20 Arey Lane Map 36 Plot 28 and

30 Arey Lane Map 36 Plot 23, Two property owners are requesting to take down a total of 3 trees. Agent Greenberg-Lemos stated that other work had been performed on the properties and an after-the-fact RDA filing will be forthcoming. The trees are infested with pine beetles and located close to the 100-foot buffer zone. The Commission requested three native trees be planted to replace those to be taken down. Barbara Brennessel moved to approve the two Jurisdictional Opinions; seconded by Michael Fisher. VOTE: Michael Fisher aye; Barbara Brennessel aye; Marty Murphy aye; Ben Fairbank aye; Leon Shreves aye; and Robert Stewart aye. 6-0

Agent Greenberg-Lemos stated that she is still working on Michael Fisher’s summary of the discussion of the recommendations regard the Bylaws Article 3 regarding the No Disturb and Buffer Zones.

The Commission agreed to not hold a Business or Public Meeting on April 5 in observance of Passover and the fact there will be several members of the Commission absent. It was recommended the Commission have a working session and review the Bylaws and Regulations at the April 19, 2023 Business Meeting.

Meeting Minutes

Leon Shreves moved to approve the amended 3/1/23 meeting minutes; seconded by Marty Murphy. VOTE: Leon Shreves aye; Barbara Brennessel aye; Michael Fisher aye; Marty Murphy aye; Ben Fairbank abstain; and Robert Stewart abstain. 4-0-2.

Leon Shreves moved to approve the 02/01/23 amended Business Meeting part of the Minutes; seconded by Barbara Brennessel. VOTE: Ben Fairbank aye; Barbara Brennessel aye; Michael Fisher aye; Leon Shreves aye; Marty Murphy abstain; and Robert Stewart abstain. 4-0-2

Mail / Discussion

Agent Greenberg-Lemos stated that everyone should visit the Duck Harbor area. There will be a meeting with the Park Service at the Harbor on March 24, 2023 at 11:00 am. The official Herring River Project Groundbreaking Ceremony will be held on March 31 at 11:00 am at the Gut.

Agent Greenberg-Lemos stated that there was a low lying road meeting with the Cape Cod Commission. Lt. Island Road and King Phillip Road had already been discussed as part of the separate but related Municipal Vulnerability grant project by outer Cape towns. As part of this Cape Cod Commission project, portions of Commercial Street and of Kendrick Avenue were identified by the coastal engineers as especially vulnerable to flooding and needing of elevation. The project’s engineers offered several options, identifying the benefits and costs of each.

Michael Fisher moved to close the business meeting at 4:25 pm; seconded by Barbara Brennessel. VOTE: Ben Fairbank aye; Barbara Brennessel aye; Michael Fisher aye; Leon Shreves aye; Marty Murphy aye; and Robert Stewart aye. 6-0

5:00 Public Hearings

Chair Shreves opened the Public Hearing.

In attendance; Barbara Brennessel, Michael Fisher, Leon Shreves, Marty Murphy, Ben Fairbank, and Robert Stewart.

Cohn, 40 First Ave., Map 30, Parcel 124, NOI, Coastal Bank Stabilization and Native Planting. At the request of the applicant, the application is withdrawn without prejudice.

Melvin, 35 Holbrook Ave., Map 20, Parcel 138, NOI, Demolish and reconstruct dwelling. At the request of the applicant’s representative, this hearing will be continued to May 3, 2023.

Reverby, 125 Western Ave, Map 36, Parcel 134, RDA, Excavation incidental to the installation of a new septic tank and pump chamber and abandonment of existing leach pits and septic tank. Jason Ellis represented the applicant and provided an overview of the project. The well will be relocated and a 1500-gallon septic tank and pump will be installed. This work will be outside of the 50’ filter strip but within the 100’ buffer zone. It will be able to be used by an enhanced system in the future. Located outside of the buffer zone. This RDA is for excavation, not approval of the septic system. Ms. Reverby stated that she has not determined what system she will install at this point in time. Barbara Brennessel moved to identify the RDA as a Negative 3, seconded by Leon Shreves. Michael Fisher recused himself. VOTE: Barbara Brennessel aye; Marty Murphy aye; Leon Shreves aye; Ben Fairbank aye; and Robert Stewart. 5-0.

Korgen, 20 Ryder Court, Map 14, Parcel 11, NOI, Addition of decks and a porch onto existing dwellings At the request of the applicant, this hearing will be continued to April 19, 2023.

Kozak, 40 Main St. (Wicked on Main) Map 15, Parcel 3, NOI, Move retaining wall 20’ to make a safer path for cars and emergency vehicles. Ken Kozak stated that he owns the property and provided an overview of the project. This is a home as well as an art gallery next to the Wicked Oyster. The parking area will remain shells. The entire affected area is already disturbed. Marty Murphy moved to approve the NOI; seconded by Barbara Brennessel. VOTE: Barbara Brennessel aye; Marty Murphy aye; Leon Shreves aye; Michael Fisher aye; Ben Fairbank aye; and Robert Stewart aye. 6-0.

Open Discussion: Illegal Parking and driving in the beach area of Old Pier Road. Agent Greenberg-Lemos read the Conservation bylaws/regulations as well as the Shellfish regulations regarding driving on beaches. She will invite Shellfish Warden Nancy Civetti to attend a meeting for further discussion of this issue.

Leon Shreves moved to adjourn at 5:40; seconded by Marty Murphy. VOTE: Barbara Brennessel aye; Marty Murphy aye; Leon Shreves aye; Ben Fairbank aye, Michael Fisher; and Robert Stewart. 6-0.

Christine Bates, Committee Secretary

Documents:

Cohn: Request to withdraw without prejudice

Reverby: RDA and back up materials

Kozak: Notice of Intent with back-up materials