Approved Conservation Commission meeting minutes
Wellfleet Conservation Commission
Meeting Minutes
June 21, 2023
In attendance: Chair Leon Shreves, Barbara Brennessel, Clerk Michael Fisher, John Cumbler, Robert Stewart, and Ben Fairbank. Interim Health and Conservation Agent Meredith Ballinger.
Regrets: Marty Murphy.
Business Meeting
4:00 p.m. Chair Leon Shreves opened the Business Meeting.
Discussion regarding Zoom meetings vs. hybrid. Barbara Brennessel raised the possibility of holding the meetings at a different time or on another day. However, there are issues with the availability of the Adult Community Center (ACC), including time constraints on Wednesday due to the Planning Board’s regular meeting. The basement of the Town Hall would be another option. After discussion, the consensus of the Commissioners is that as long as there are no further mandates from the State, the Commission will continue meeting remotely via Zoom.
Meeting Minutes: Leon Shreves moved to approve the amended June 7, 2023 Meeting Minutes; seconded by Barbara Brennessel. VOTE: Bob Stewart aye; Barbara Brennessel aye; Michael Fisher aye; Leon Shreves aye, Ben Fairbank abstain. 4 – 0 – 1 (John Cumbler was having difficulty with his computer audio and could not yet join the meeting).
Jurisdictional Opinions:
Robert Boehringer, 10 Bayview Avenue, Map 35, Parcel 33; his well water has high salinity and he is requesting permission to drill a new well on the northeast portion of the property (30 to 40 feet further back from a coastal bank). No trees will be removed. Michael Fisher moved to approve this Jurisdictional Opinion; seconded by Barbara Brennessel. VOTE: Michael Fisher aye; Barbara Brennessel aye; Ben Fairbank aye; Leon Shreves aye; and Robert Stewart aye. 5-0.
Steven Douglas, 925 Chequessett Neck Road, Map 19, Parcel 100; two trees located along the road are dying and leaning toward the house. They are working with a tree company and will replant native vegetation as mitigation. Barbara Brennessel moved to approve this Jurisdictional Opinion with the Condition they file a planting plan; seconded by Leon Shreves. 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.” VOTE: Michael Fisher aye; Barbara Brennessel aye; Ben Fairbank aye; Leon Shreves aye; and Robert Stewart aye. 5-0.
John Cumbler was able to join the meeting at this point.
Steven Douglas 925 Chequessett Neck Road, Map 19, Parcel 100; RDA to move propane tank. This property received an RDA in 2020 but the relocation of a propane tank was not part of that RDA. The Fire Department requested they relocate the propane tank to 5 feet from the road for safety reasons. Barbara Brennessel moved to approve this Jurisdictional Opinion; seconded by John Cumbler. 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.” VOTE: Michael Fisher aye; Barbara Brennessel aye; Ben Fairbank aye; Leon Shreves aye; Robert Stewart aye; and John Cumbler aye. 6-0
Mail:
The Acting Agent is accumulating reports and documents regarding all the authorizations and the activities by the Shellfish Department regarding shellfish propagation and cultching in the harbor and the Commission will discuss this issue at the July 19 meeting. Barbara Brennessel stated that the original NOI included all the areas within the Harbor. The site plans about the already approved areas for cultching are too large to scan so Acting Agent Ballinger requested members come into the office to review these plans. Jude Ahern stated that she has relevant documents and will supply them to the Commission.
Barbara Brennessel stated that the Town is adding sand at the beaches and placing hay at Long Pond landing. Landscaping fencing there has been removed by people and they are disturbing the restoration efforts. On March 2, 2022, the Select Board voted to remove the stairs at Gull Pond and replace the stairs at Long Pond. But DPW has not yet requested a permit to replace the stairs at Long Pond. The Commission had recommended wood chips on the path at Long Pond, but gravel was used. The Acting Agent stated that the DPW is considering various types of fencing. The Commission recommended that snow fencing would work to keep people out of the resource areas. Robert Stewart stated that the snow fencing at Dyer Pond has collapsed and the foot traffic there is increasing annually which is causing erosion. The Acting Agent stated that Dyer Pond is under the jurisdiction of the National Seashore. The Acting Agent will contact the National Seashore about this.
John Cumbler stated that he will forward information to the Acting Agent regarding the tent put up by the Chequessett Yacht Club. The Acting Agent stated that she will invite them to a future Business Meeting for discussion.
The Acting Agent stated that a work party from AmeriCorps had worked with the Wellfleet Conservation Trust on several conservation areas: as advised by Barbara Brennessel, removing trumpet vine and ornamental grass in the Head of Duck Creek park (behind the Mobile gas station) so terrapin turtles will have good nesting grounds; removing invasive olive trees from the grassland at the south end of Indian Neck; and clearing overgrowth from the Bayberry Hill and Box Turtle trails.
There will be a Low-lying Road Protection presentation on June 22 at 1:30 via Zoom.
There is an Open Meeting Law Regulations meeting run by KP Law on June 22 at 7:00 pm at the Adult Community Center.
There will be a Retirement Party (including for Christine Bates) on June 28 at 5:00 pm at the Adult Community Center.
Leon Shreves moved to close the Business Meeting at 4:45 pm; seconded by Michael Fisher.
Public Hearings
5:00 p.m. Chair Leon Shreves opened the Public Hearings
Moulton, 115 Main Street, Map 15, Parcel 122; After-the-fact RDA, add paved aprons to top of driveway. John Cumbler suggested that a French drain could be added to the lower end of the aprons to avoid having runoff go into the wetland. Mr. Moulton stated that the runoff is closer to the house and doesn’t go near the marsh. He stated that the driveway has a layer of shell and bluestone, and a drain might allow the paving to break off. Michael Fisher noted that about half the apron areas are on Town-owned land and asked if Mr. Moulton has official permission from the Select Board. The Acting Agent stated that she would assist Mr. Moulton to apply for that permission. Michael Fisher identified the RDA as a Negative 3 with the Condition that the aprons meet town land use regulations; seconded by John Cumbler. VOTE: Michael Fisher aye; Barbara Brennessel aye; Ben Fairbank aye; Leon Shreves aye; John Cumbler aye; and Robert Stewart aye. 6-0.
Dzen, 190 Blue Heron Road, Map 41, Parcel 12, RDA, Install low-bush blueberry patch and beach plum areas (20’ x 15’ and 15’ x 15’) Cont’d. At the request of the applicant, Leon Shreves moved to continue to July 19, 2023; seconded by John Cumbler. Michael Fisher noted that this is the second request for continuance by the applicant. VOTE: Michael Fisher aye; Barbara Brennessel aye; Ben Fairbank aye; Leon Shreves aye; John Cumbler aye; and Robert Stewart aye. 6-0.
Young, 20 Newcomb Hill Way, Map 12, Paracel 80; NOI, removal and reconstruction of existing deck, construction of new screened porch (Continued). Jason Ellis represented the applicant and stated the reconfigured plan for the new deck will result in a total of 3 square feet less disturbed area. There will be no screened-in porch. Mr. Ellis agreed that the two outdoor showers will have a layer of woodchips added beneath them in an effort to reduce nitrogen from shower wastewater. Michael Fisher moved to approve this NOI with the condition that the two outdoor showers have a layer of woodchips added, seconded by Barbara Brennessel. VOTE: Michael Fisher aye; Barbara Brennessel aye; Ben Fairbank aye; Leon Shreves aye; John Cumbler aye; and Robert Stewart aye. 6-0.
Supervisor: Agent.
Melvin, 35 Holbrook Ave., Map 20, Parcel 138, NOI, Demolish and reconstruct dwelling (Cont’d). An email was forwarded to the Conservation Commission from the representatives of Melvin regarding Building Department issues and requesting that their application be continued to August 16, 2023. Leon Shreves moved to continue to August 16, 2023; seconded by Michael Fisher. VOTE: Michael Fisher aye; Barbara Brennessel aye; Ben Fairbank aye; Leon Shreves aye; John Cumbler no; and Robert Stewart aye. 5-1.
Leon Shreves moved to adjourn at 5:30 pm; seconded by Michael Fisher. VOTE: Michael Fisher aye; Barbara Brennessel aye; Ben Fairbank aye; Leon Shreves aye; John Cumbler aye; and Robert Stewart aye. 6-0.
Respectfully submitted,
Christine Bates, Committee Secretary
Documents:
Moulton – RDA and backup
Dzen – request for continuation
Young – revised site plan
Melvin – e-mail containing applicant’s response to the Building