Approved Conservation Commission meeting minutes

Approved

Wellfleet Conservation Commission

Meeting Minutes

May 17, 2023

In attendance:  Chair Leon Shreves, Barbara Brennessel, Clerk Michael Fisher, John Cumbler, Robert Stewart, and Marty Murphy.  Interim Agent Meredith Ballinger and Committee Secretary Christine Bates

Regrets: Ben Fairbank

4:00 pm

Business Meeting

Chair Leon Shreves opened the Business Meeting.

Jurisdictional Opinions

John Smith, 20 Catboat Road, Map 41, Parcel 67, removal of 4 diseased locust trees which are close to the house.  The area is heavily vegetated and so replanting in mitigation would not be beneficial.  Normally this would be considered an RDA filing due to the number of trees, but because of the safety issue and the relatively small diameter of the trees, Michael Fisher moved to approve the Jurisdictional Opinion; seconded by Marty Murphy.  VOTE:  Leon Shreves aye; Marty Murphy aye; Barbara Brennessel aye; John Cumbler, aye; Michael Fisher aye; Robert Stewart aye.  6-0 

Bookstore, 50 Kendrick Ave, Map 20, Parcel 3, A previous Jurisdictional Opinion had been filed and approved to grade the driveway and parking lot.  The applicant would now like to place 65-80 cubic yards of ½ inch gravel, making a 1.5-3 inch thick layer over the parking area in order to slow the water runoff.  The Commission stated that they would like to make a site visit to determine the area and amount of gravel to be used and the location relative to the abutting wetland.  The Commission recommended, and the applicant requested, that this be filed as an RDA.    

Bakers Field. Map 20, Parcels 4-8 – wedding celebration and dinner.  The applicant requested permission to temporarily erect two tents, a dance floor, trailers for two vendors, and outhouse.  This project was already approved by the Selectboard who also stated that this type of request will be regulated to eliminate private events during the high season.  Barbara Brennessel moved to approve the Jurisdictional Opinion; seconded by John Cumbler.  VOTE:  Leon Shreves aye; Marty Murphy aye; Barbara Brennessel aye; Michael Fisher aye; Robert Stewart aye; and John Cumbler aye.  6-0.

Meeting Minutes: 

Barbara Brennessel moved to approve the amended May 3, 2023 meeting minutes; seconded by John Cumbler.  VOTE:  Leon Shreves aye; Marty Murphy aye; Barbara Brennessel aye; Michael Fisher aye; Robert Stewart aye; and John Cumbler aye.  6-0 

Discussion:

135 Old Truro Road, Map 8, Parcel 164, Discuss Certificate of Compliance  Mr. Kaplan stated that there are problems on the site which need to be corrected.  Due to Covid, the current Order of Conditions will not expire until Sept. 2023.  Mr. Kaplan provided his list of problems that need to be corrected and stated that he has contracted for all the work to be completed.  Kaplan stated that Covid hindered getting the work completed and hiring people.  There are some things he would like to change.  He was advised to file an amended NOI.  Information to be included in the revised filing includes: the total area of disturbance, a planting plan, and plans for the required continued maintenance of the bank from erosion and eradication of the Japanese Knotweed.  Mr. Kaplan stated that knotweed was treated two times last year and he will try to remedy the issue again this year.  Michael Fisher suggested that there be a fine enforced for debris left at the site.  John Cumbler expressed concern with the walkway in the rear of the house or back deck and Kaplan replied it is required to be there for egress.  An after-the-fact NOI filing is required for the propane and air-conditioning installations. 

Meredith Ballinger reported she had sent violation notification to 46 Sandpiper Hill, Map 22, Parcel 6, for an unauthorized replacement of the stairs to the beach.

A tent was placed on the beach of the Chequessett Yacht and Country Club.  Meredith Ballenger will review with the Manager the history of the property, the conditions, and the list of upcoming dates for events. 

Jude Ahearn asked that the Commission consider on a future agenda the proposed culching in the Blackfish Creek area.  

Michael Fisher moved to adjourn the business meeting at 5:00 pm; seconded by Barbara Brennessel.  VOTE:  Leon Shreves aye; Marty Murphy aye; Barbara Brennessel aye; Michael Fisher aye; Robert Stewart aye; and John Cumbler aye.  6-0

5:00 Public Hearings

Chair Leon Shreves opened the Public Hearings.

Yow, Indian Neck Tidal Flats, RDA, Shellfish Grant.  Through discussions with the Shellfish Advisory Board, the boundaries and assignments of some of the current grants will be changed.  Ms Yow will be assigned a new grant further from the shore and her original grant will be relinquished. This will help the boaters and there will be no effect to wildlife.  The Commission requested a copy of the approved maps which the Shellfish Advisory Board uses and the Select Board has approved.  John Cumbler expressed concern about increasing the density of the grants along the harbor that might disrupt migratory patterns.  Jude Ahern requested that the Commission determine routes of access to the grants.  Ms. Yow stated that she will park a truck at a friends’ grant to access her new site.  Marty Murphy moved to identify the RDA as a Negative 2; seconded by Barbara Brennessel.  VOTE:  Leon Shreves aye; Marty Murphy aye; Barbara Brennessel aye; Michael Fisher aye; Robert Stewart aye; and John Cumbler aye.   6-0.    

Dzen, 190 Blue Heron Rd., Map 41, Parcel 12, RDA, Install low bush blueberry patch and beach plum areas (20’ x 15’ and 15’ x 15’) to mitigate unauthorized tree cutting. There was no representative at the hearing.  Michael Fisher moved to continue this case indefinitely until the applicant or representative participates; seconded John Cumbler.  VOTE:  Leon Shreves aye; Marty Murphy aye; Barbara Brennessel aye; Michael Fisher aye; Robert Stewart aye; and John Cumbler aye.   6-0

Shaderowsky, 77 and 83 Samoset, Map 28, Parcels 114 & 113, Amendment to Order of Conditions – shifting the proposed revetment seaward to reduce amount of excavation of existing bank and a revision to the bulkhead wall alignment.  Catherine Ricks made a presentation of the proposed amendment with photographs and diagrams.  The applicant will proposes moving the foot of the structure closer to the water, although still behind the current seawall.  The Commission noted there are two outdoor showers on the properties that require woodchips underneath to absorb nitrogen.  One of the rinse stations will be located closer to the dwelling.  John Cumbler moved to approve the Amendment to the Order of Conditions; seconded by Marty Murphy with the Condition that woodchips will be placed under outdoor showers. VOTE: Leon Shreves aye; Marty Murphy aye; Barbara Brennessel aye; Michael Fisher aye; Robert Stewart aye; and John Cumbler aye.  6-0

Young, 20 Newcomb Hill Way, Map12, Parcel 80, NOI, removal and reconstruction of existing deck, construction of new screened porch.  Jason Ellis represented the applicant and stated that this house is undergoing major reconstruction.  He provided information regarding the topography of the property and the construction to be done on the dwelling.  A planting plan was provided.  The disturbed area of the house and project already exceeds 5,000 square feet and the proposed screened porch and deck extension are within the 50’ filter strip, for a proposed increase of 372 sq. feet of disturbance.  Marty Murphy stated that the deck could be squared off within the current footprint, with no screened porch added.  There are currently two outdoor showers that need a layer of woodchips added for nitrogen removal.  The Commission requested a revised plan and the applicant agreed to submit one.  Michael Fisher moved to continue to June 21, 2023; seconded by Barbara Brennessel.  VOTE:  Leon Shreves aye; Marty Murphy aye; Barbara Brennessel aye; Michael Fisher aye; Robert Stewart aye; and John Cumbler aye.  6-0 

MA Audubon, 0 Loagy Bay, Map 41, Parcel 178, RDA, construct kayak racks.  It was noted an error in the applicant’s identification of the property: it should read Map 41, Parcel 178.  Melissa Lowe of MA Audubon shared her screen identifying the location and probable shape of the proposed racks which will be outside of the parking lot.  This is to reduce the number of kayaks which are left on the beach.  Signage had been placed in the area to educate people about the damage vessels create on the wetland resources but this has not resolved the problem.  The racks will be removeable and will be used seasonally.  Enforcement will include a registration process, secured spaces, and designated slots.  The rack will be limited to Lt. Island property owners and other identified property owners (yet to be determined by Audubon).  Ms. Lowe stated that the area for storage further away from the shore and the rack area will delineate the line beyond which additional kayaks could be kept.  The Town has several kayak racks on other beaches and the Wellfleet Conservation Trust maintains yet another kayak rack at the end of Old Wharf Road.  These institutions would be good resources for enforcement information for Audubon.  David Agger, abutter, stated that he supports the application and recommended property owners who rent their property educate their renters not to leave the kayaks on the beaches.  Marty Murphy moved to identify the RDA as a Negative 3; seconded by Michael Fisher.  VOTE:  Leon Shreves aye; Marty Murphy aye; Barbara Brennessel aye; Michael Fisher aye; Robert Stewart aye; and John Cumbler aye. 6-0.

Michael Fisher moved to adjourn the public hearings at 6:30 pm; seconded by Marty Murphy.  VOTE:  Leon Shreves aye; Marty Murphy aye; Barbara Brennessel aye; Michael Fisher aye; Robert Stewart aye; and John Cumbler aye.  6-0.

Respectfully submitted

Christine Bates

Documents:

Yow – RDA and back-up materials

Dzen – RDA and back-up materials

Shaderowsky – Request for Amendment

Young – NOI and back-up materials

MA Audubon – RDA and back-up materials