Approved Conservation Commission Meeting Minutes
Wellfleet Conservation Commission
Meeting Minutes
August 2, 2023
In attendance: Chair Leon Shreves, Martin Murphy, Clerk Michael Fisher, John Cumbler, Robert Stewart, and Ben Fairbank. Guest Conservation Agent Hillary Greenberg-Lemos, Committee Secretary Jennifer Elsensohn.
Regrets: Barbara Brennessel, Interim Conservation Agent Meredith Ballinger
Business Meeting
4:03 p.m. Chair Leon Shreves opened the Business Meeting.
Mail and Discussion:
Chequessett Club Tent
Barry McLaughlin represented the Club. During the Covid Emergency, the Conservation Commission gave approval for the Club to place a tent temporarily on the beach for the purpose of holding events outside. The Order of Conditions included: a list of that summer’s event dates must be submitted by June each year; the tent would be up for not more than fifty-four days total; and the tent would be up for not more than three days at a time. The Order of Conditions was for three years. On May 16, 2023, this year’s dates were submitted to Agent Meredith Ballinger, listing twenty-nine events. McLaughlin will send a report each time the tent has been taken down and put back up. The tent has already been put up and taken down several times during this current season and will be down for twelve days in August. McLaughlin questioned whether the tent, when down, could be stored on the beach. The Commissioners stated that this would be damaging to the wetland resource. So, McLaughlin stated that it would be more practical to have the company that owns the tent to take it away when not in use. The tent poles will remain in place since they are not a disturbance or safety hazard. The Club is also experiencing a problem with flooding off Chequessett Neck Road, sometimes having three- or four-feet deep water by their front door. McLaughlin stated that he has made efforts to speak with Jay Norton of the Department of Public Works to discuss strategies to deal with the water. Hillary Greenberg-Lemos stated that the approved plan produced by John O’Reilly included a berm, French swale (a low tract of land in a landscape that naturally collects water), and native plantings on the bank above the beach that would assist in remediation of this issue. The Club is authorized to install these while they work with Public Works Department for a more complete solution. The Commission asked the Club to keep it informed about any progress.
Cultching Complaint
Commissioner Robert Stewart shared his proposed detailed protocol for all complaints about violations of regulations and Orders of Conditions made to the Commission. (That document is available to the public by contacting the Committee Secretary). Jude Ahern stated her complaints about unauthorized cultching, primarily in Blackfish Creek. Shellfish Constable Nancy Civetta described her department’s cultching practices, especially with regard to the standing Order of Conditions (2016) in the approved areas of the harbor and the Special Order of Conditions (August 2016) for the mouth of the Herring River, within the National Seashore. There was discussion about the Order of Conditions and Special Order of Conditions. There was also discussion about the current legal difference between oyster and clam shells as “fill”, and spat on oyster shell as “propagation.”
At 4:23 the meeting was hacked by pornographers and had to be ended by technology manager, Gabriel Morton. The meeting was restarted at 4:30 with controls in place to avoid another hacking.
When the meeting resumed, Agent Greenberg-Lemos explained that obtaining the existing permitting 2016 Order of Conditions for the specified areas of the harbor had been a seven-year process. Subsequent to when these permits were obtained, Civetta has been following the 2016 Order of Conditions within the areas designated in the permits. Civetta has recently been using GPS to locate and mark out the proper areas for cultching. Within those areas, Civetta has been following state and local regulations, producing maps and logs indicating the work done. Civetta stated that she has also been following historical practice in Wellfleet and other nearby towns by cultching and propagating oysters in the harbor and other places not specified in the permits.
The Commission recommended that all cultching outside of the permitted areas should cease until the difference between “fill” and “propagation” is settled. The Conservation Agent and Shellfish Constable should contact the Massachusetts Department of Environmental Protection and the Division of Marine Fisheries for clarification. Hillary Greenberg-Lemos suggested that subsequent to the existing 2016 Order of Conditions being written, circumstances in the harbor and the location of shellfish grants have changed. Hence, it would be easier and better for Civetta to apply for a new Notice of Intent. The Commission requires a comprehensive report using GPS to delineate which areas have been, and will be, used for cultching.
Jurisdictional Opinions:
Recreation Department seeking to have The Mosquito Squad spray anti-insect organic oils at the Baker’s Pavilion
Recreation Department Director Becky Rosenberg presented the current concern that the prevalence of mosquitoes, ticks, and no-see-ums has been so extreme that it is affecting the ability of Town workers to do their jobs effectively and of event attendees to enjoy themselves. Rosenberg approached Curt Felix of The Mosquito Squad to spray a product that is organic and contains peppermint, rosemary, and white mineral oils, geraniol, ethyl lactate, glycerin, and soap. He stated that it is non-toxic, and certified for organic farming. Felix offered his services without requesting payment. The Commission noted that permission should also be obtained from the Selectboard and that Rosenberg should also request a site visit from Cape Cod Mosquito Control to see if there are remediable conditions that are promoting mosquito infestation. Felix expressed willingness to work alongside Mosquito Control. Felix also stated that the spray he is going to use does not run off once dried and only remains for two weeks. Ginny Parker, Vice President of a Wellfleet shellfishing industry organization, read a lengthy warning about chemicals often used in mosquito spraying and their dangers to oysters specifically. Felix stated that those chemicals were not in the product that he was going to use.
Leon Shreves moved to approve the Jurisdictional Opinion with the Condition that the work is approved by the Selectboard and that Mosquito Control be requested to inspect the site and report; John Cumbler seconded the motion. A roll call vote was taken: Martin Murphy, aye; Robert Stewart, aye; Michael Fisher, aye; Benjamin Fairbank, aye; Leon Shreves, aye; and John Cumbler, aye. The motion was approved: 6-0.
At 5:34 pm, Leon Shreves moved to temporarily adjourn the Business Meeting, Michael Fisher seconded the motion. A roll call vote was taken: Martin Murphy, aye; Robert Stewart, aye; Michael Fisher, aye; Benjamin Fairbank, aye; Leon Shreves, aye; John Cumbler, aye. The motion was approved: 6-0.
Public Hearings
5:34 p.m. Chair Leon Shreves opened the Public Hearings.
Bishop, 385 Pilgrim Springs Rd., Map 29, Parcel 238, Request for Determination of Applicability, install of underground LP storage (tank).
Kevin Corcoran of Snow’s Fuel represented the homeowner. The project is to replace an existing above-ground oil tank inside the house with an outdoor buried propane tank. When the Commission had visited the site on July 19, the not-as-yet approved work was about to begin. The work on that part of the project immediately stopped. Corcoran acknowledged that he had misread the work calendar. The intention of the project is to keep the replacement tank close to the house and as far from the wetland conservation areas as possible. Michael Fisher moved to identify this Request for Determination of Applicability as a Negative 3: “The work described in the Request is within the Buffer Zone, as defined in the regulations, but will not alter an Area subject to protection under the Act. Therefore, said work does not require the filing of a Notice of Intent”. Martin Murphy seconded, A roll call vote was taken: Martin Murphy, aye; Robert Stewart, aye; Michael Fisher, aye; Benjamin Fairbank, aye; Leon Shreves, aye; John Cumbler, aye. The motion was approved: 6-0.
Ben Fairbank left the meeting.
Douglass, 925 Chequessett Neck Rd, Map 19, Parcel 100, Notice of Intent, install new permeable paving. (continued)
Theresa Sprague of Blue Flax Design represented the owner, Stephen Douglas, who was also present. The main purpose of this project is to regrade the front yard in order to remediate a flooding problem. The house is within the 50-foot filter strip and almost the entire property is within the 100-foot buffer zone from the top of the coastal bank. Sprague shared her screen showing the proposed site plan and explained the project in detail. The plan reduces the total square footage of impermeable brick and concrete surfaces, adds permeable surfaces, adds native and drought resistant plantings, removes some invasive plants, adds a retaining wall, and provides easier walking access. The Commission questioned the existing PVC pipes on the front of the house, which were explained as currently unused runoff conduits. The Commission noted that the outdoor shower requires nitrogen remediation (wood chips and gravel) and the currently incomplete silt fence requires straw waddles along its entire length. The Commission also needs the plan to be revised to include the existing and the proposed total square footage of disturbed area within the 100-foot buffer zone. The Commission noted that an Enhanced Innovative and Alternative septic system should be considered since these are going to be mandatory in the future and this site may be at risk for septic system leachate migrating into Wellfleet Harbor. The homeowner stated that he has plans for a future Notice of Intent about the existing shed which is now on top of his leach field and, at that time, he intends to address the septic system issue. The applicants stated that they intend to submit a planting plan that will include remediation of the outdoor shower and total existing and proposed figures for disturbance within the 100-foot buffer. They request a continuance until August 16. Michael Fisher disclosed that: “I am a Trustee of the Wellfleet Conservation Trust, a 501 (c) non-profit organization which is not a business organization, and the Wellfleet Conservation Trust has an interest that will be affected when I perform my official duties with regard to this application. Taking into account the facts that I have disclosed above, I feel that I can perform my official duties objectively and fairly.” He had already submitted his written Declaration about this case in advance to the Conservation Department.
Leon Shreves proposed that the Commission continue this supplication to August 16, 2023. Robert Stewart seconded. A roll call vote was taken: Martin Murphy, aye; Robert Stewart, aye; Michael Fisher, aye; Leon Shreves, aye; John Cumbler, aye. The continuance was approved 5-0.
Ross, 945 Chequessett Neck Road, Map 19, Parcel 98, Certificate of Compliance, replace 30’ of seawall
John Ross, the homeowner, and contractor Paul Shea were present. In March 2019, the Commission approved the homeowner’s Notice of Intent to repair a section of a seawall, and the main work is now completed. The Order of Conditions requires that the beach below the seawall be inspected yearly. The applicant stated that, for the past three years, the beach has had accreting not eroding levels of sand. The Order of Conditions will expire three years plus 440 days (due to the COVID Emergency) after its approval. The homeowner requested that he be issued a Certificate of Compliance and that the Condition of a yearly inspection of the beach be removed. Nancy Civetta stated that this property is adjacent to the Herring River restoration project and that the work being done there will likely change the sand flow in ways that cannot currently be known. Since the Conservation Agent has not yet been able to visit the site and assess the current situation, John Cumbler moved to continue this hearing until September 20, 2023, with the Condition that the owner drop the request to terminate yearly beach evaluations. Mary Murphy seconded. A roll call vote was taken: Martin Murphy, aye; Robert Stewart, aye; Michael Fisher, aye; Leon Shreves, aye; John Cumbler, aye. The motion was approved: 5-0.
Town of Wellfleet, Wellfleet Harbor, Town of Wellfleet Aquaculture Project, Extension Permit of Order of Conditions (continued to 9/20)
The Town of Wellfleet, represented by Shellfish Constable Nancy Civetta, stated that the necessary documentation for this application is not yet ready but the Town is working with Coastal Engineering to prepare it. Leon Shreves moved to continue this hearing to September 20, 2023. Michael seconded. A roll call vote was taken: Martin Murphy, aye; Robert Stewart, aye; Michael Fisher, aye; Leon Shreves, aye; John Cumbler, aye. The motion was approved 5-0.
Leon Shreves moved to adjourn the Public Hearing. Michael Fisher seconded. A roll call vote was taken: Martin Murphy, aye; Robert Stewart, aye; Michael Fisher, aye; Leon Shreves, aye; John Cumbler, aye. The motion was approved 5-0. The meeting was adjourned at 6:30.
At 6:31 Chair Leon Shreves reopened the Public Hearings.
Meeting Minutes: Clerk Michael Fisher asked Guest Agent Greenberg-Lemos if the appropriate procedure in the official Minutes is to continue listing the votes of each individual Commissioner or just state the total vote. The Guest Agent recommended continuing the listing of each vote as well as the total.
Leon Shreves moved to approve draft July 19, 2023, Meeting Minutes; seconded by Michael Fisher. A roll call vote was taken: Martin Murphy, aye; Robert Stewart, aye; Michael Fisher, aye; Leon Shreves, aye; John Cumbler, aye. The minutes were approved 5-0.
At 6:39 pm, Leon Shreves moved to adjourn the Business Meeting; seconded by Michael Fisher. A roll call vote was taken: Michael Fisher aye; Leon Shreves aye; John Cumbler aye; and Robert Stewart aye; Martin Murphy aye. The motion was approved 5-0.
Respectfully submitted,
Jennifer Elsensohn, Committee Secretary
Documents:
Cultching Complaint—Supporting Documents, photographs, Outline by Robert Stewart
Mosquito Squad—Request for Jurisdictional Opinion and supporting documents
Douglas – Notice of Intent and revised site plan
Draft Meeting Minutes for July 19, 2023