Approved Conservation Commission Mtg Mins

Meeting date:

Wednesday, January 17, 2018

Approved

Wellfleet Conservation Commission

Meeting Minutes

January 17, 2018

Town Hall Meeting Room

Attendees: Trudy Vermehren, Barbara Brennessel, Deborah Freeman, Lauren McKean, and John Cumbler, Agent Hillary Greenberg -Lemos and Christine Bates, Committee Secretary

Regrets: John Portnoy

4:00 - Business Meeting & Conservation Agent's Report

Mark Borrelli – Presentation on Sediment Budget Project

Mail / Discussion

Letter from Agent Hillary Greenberg-Lemos to Allen Trustee regarding selective cutting.

Letter from Agent Hillary Greenberg-Lemos to those involved with beach nourishment violations. Tickets were issued to several people and she received letters / communication from those promising to nourish this spring.

Jurisdictional Opinions:

Hurst, 25 Water Street: Remove and dispose of two locus trees damaged by a lightning strike. Trudy Vermehren moved to approve the Jurisdictional Opinion, seconded by Lauren McKean; passed 5-0.

Meeting Minutes

Lauren McKean moved to approve the amended 12/03/17 meeting minutes; seconded by Deborah Freeman; passed 5-0.

Trudy Vermehren moved to approve the amended 01/03/18 meeting minutes; seconded by John Cumbler; passed 5-0.

The 12/20/17 meeting minutes will be addressed at the next meeting.

Public Hearings 5:00 pm:

Boehringer, 164 Cliff Rd., Map 24, Parcel 100, NOI, repair erosion on coastal beach (Cont’d). The applicant failed to show up at the hearing. Trudy Vermehren moved to continue this applicant indefinitely; seconded by Deborah Freeman; passed 5-0.

MA Audubon Society, 291 State Hwy, Map 46, Parcel 16, NOI, Repair existing timber bulkhead, weir, ramps, deck and railings (Cont’d). Tim Brady gave an overview of the project, describing where fill will be replaced and where it will be moved. He referred to the resource areas affected, letters they received from the government, conditions recommended by Division of Marine Fisheries and Natural Heritage that this would not affect any natural habitat. The work will be completed within one season, based on the applicant’s ability to fund the project.. ACQ wood will be used. Tim Brady will have a conversation with the contractor regarding the wood. Brady stated the wood is expected to last 40 years. Lauren McKean suggested alternatives to the ACQ product which will be considered by the contractor. All work will be done by hand. Trudy Vermehren moved to approve the NOI with conditions; seconded by John Cumbler; passed 5-0. Supervisor: John Cumbler

Melvin, 35 Holbrook Ave., Map 20, Parcel 138, NOI, demolish and rebuild 2 dwellings (Cont’d). Trudy Vermehren moved to continue to 02/21/18, seconded by Barbara Brennessel; passed 5-0.

Smith, 80 2^nd Ave., Map 40, Parcel 126, NOI, proposed revetment and stairway reconstruction (Cont’d). Catherine Ricks from Coastal Engineering, reviewed the recommended changes the Commission recommended. NHESP did not want the revetment to go any further seaward, and Ms. Ricks stated it will be kept as close to the bank as possible. The design is 1 ½ to the slope, the sand will not be flushed out, and will be filtered. The revetment will be tapered as much as possible at the bottom. The rocks will be reused at the location. Trudy Vermehren moved to approve the NOI; seconded by Lauren McKean. Agent Hillary Greenberg-Lemos expressed concern with the response from Natural Heritage, and the commission recommended the hearing be continued to 02/07/18. Trudy Vermehren rescinded her motion to approve the NOI and moved to continue to 02/07/18; seconded by Deborah Freeman; passed 5-0.

Holloran, Map 18, (No Parcel, National Seashore, Chequessett Neck) NOI, stairs over coastal bank (Cont’d). Lauren McKean recused herself. Attorney Ben Zehnder and Jay of Coastal Engineering reviewed the National Seashore letter along with the commission. The NPS does not support the NOI. Attorney Zehnder questioned who is the owner of the land based on the easement. He also reiterated the benefits of the location versus the previously approved stairway. Jay stated the elevation is 8 to 10 feet lower at the newly proposed site. The Commissioners stated they cannot get involved with land ownership issues. Trudy Vermehren moved to approve the NOI; seconded by Barbara Brennessel;

passed 3 with 1 opposing. Supervisor: Trudy Vermehren

Nickerson Real Estate Holding Co., LLC, 45 Commercial Street, Map 15, Parcel 102, NOI, replace existing lumber building. David Lajoie represented the applicant and stated there will be a new foundation which will remain within the same footprint and the building will remain the same size in height and dimension. The foundation will be elevated higher to allow water to flow. Agent Hillary Greenberg-Lemos stated there was some lumber in the marsh and wondered if it was still there from the storm. She suggested that the owner check it out. Natural Heritage had not responded. Trudy Vermehren moved to continue to 02/07/18; seconded by John Cumbler; passed 5-0.

The Yankelovich 1999 Trust Agreement, 374 & 376 King Phillip Road, Map 35, Parcel 182, NOI, proposed beach nourishment and relocation of existing drift fence. Mark Burgess represented the applicant and stated the original Order of Conditions was completed. The Yankelovich family was placing nourishment each spring but erosion continued. Burgess had recommended the applicant renourish with 400 cubic yards last year. He is now recommending 800 cubic yards per year if necessary and that the angle of the drift fence be moved more landward. The abutters are sharing the cost of the renourishment. Agent Hillary Greenberg-Lemos read a letter from the Div. Of Marine Fisheries identifying the various locations of habitat close to the area. They recommended the work be performed prior to April 1. Access will be at Omaha Landing. Barbara Brennessel stated it is important to stay away from the shellfish areas due to the weight of the trucks so there will not be an impact for shellfish. Nancy Civetta, Shellfish Warden, stated an escort could be used to direct the trucks. A pre-construction site meeting will be set up between the Shellfish Department, the supervisor, and the contractors. 800 cubic yards will be used initially, then the area will be monitored on a yearly basis to determine the amount required. Trudy Vermehren moved to approve the NOI; ; seconded by John Cumbler; passed 5-0.

Barbara Brennessel suggested that a straw poll be taken when the Smith hearing is taken up again.

Trudy Vermehren moved to adjourn at 6:30 pm; seconded by Deborah Freeman; passed 5-0.

Respectfully submitted, Christine Bates, Committee Secretary