Approved Conservation Commission Mtg Mins

Meeting date:

Wednesday, January 6, 2021

Approved

Wellfleet Conservation Commission

Meeting Minutes

January 6, 2021

Remote Meeting

Attendees: Deborah Freeman, Michael Fisher, Leon Shreves, Barbara Brennessel, Ben Fairbank, John Portnoy, John Cumbler, Agent Hillary Greenberg Lemos, and Christine Bates, Committee Secretary.

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

Mail / Discussion

Storage of small vessels on beaches.

Suzanne Thomas, Nancy Civetti and Will Sullivan – vessels. Barbara Brennessel reviewed the action items from her sub-committee’s vessel report. Suzanne Thomas stated the Town could identify areas where racks could be located, there is a charge of $100 per space. There are 160 spaces, so the Town receives $16,000, $5125 of which has to be spent on rack management.. Gull Pond is the most used and they will be retrofitting the racks which will cost approximately $5,000. At the present time, only one person is checking the rack areas including the parking areas on town owned land. Vessels without stickers are confiscated, but storage is an issue for the town. She recommended the Commission contact Town Counsel about the need for signs and about town liability for removing private vessels to town owned property. The Harbormaster has also issued stickers to mooring permittees. All parties agreed that a brochure should be distributed to educate the public, as well as the shell fishermen. There was discussion regarding racks for seasonal use versus weekly or bi-weekly use. Ben Fairbank reported he has contacted several other Cape towns and they are experiencing the same difficulties with vessels being left on the resources. Will Sullivan, Harbormaster, stated patrolling of the areas is difficult due to turnover days and the number of vessels at any given day. He stated there is a fee structure for vessels that are confiscated. Old Wharf Point has a lottery system and tries to accommodate the property owners in that area. Melissa Lowe of Mass Audubon stated that they are having conversations with home associations and will be working with the Wellfleet Conservation Trust people. Revised regulations will identify the areas where vessels are permitted on town-owned land as well as areas out of our jurisdiction. Ben Fairbank, Barbara Brennessel and an Americorps volunteer will work on the brochure. The sub-committee will report back in the future. A vote will be taken on 1/20/21 on vessel regulations.

Ryan Curley – Permeable Reactive Barrier and temporary structures. Ryan Curley presented how PRBs might function to reduce nitrogen discharge from polluted gound water to the harbor, and showed the various styles and construction features of Permeable Reactive Barriers. Ryan suggests that PRBs could be incorporated into the replacement of revetments and bulkheads (CESs) to achieve nitrogen attenuation along with coastal bank protection. Photographs were shared of various locations on the Cape where this strategy has been tested and shown to work. There is approximately 3 miles worth of CESs in the Wellfleet Harbor area. Scott Horsley, consultant to the town for EPA 208 planning, stated that the excavation cost is quite high to install, but worth it. Annika Quick of Harvard University provided a slide presentation identifying two town owned parcels on Commercial Street as a possible pilot location. A site hydrogeologic analysis would have to be done prior to construction.

Open Space Committee – to be heard on January 20, 2021.

Helical piers – to be heard on January 20, 2021.

Draft WEP Regulations – to be addressed at the 1/20/21.

Jurisdictional Opinions - none

Meeting Minutes – December 16. Barbara Brennessel moved to approve the amended December 16, 2020 meeting minutes; seconded by John Portnoy. VOTE; John Portnoy aye, Leon Shreves aye, John Cumbler aye, Barbara Brennessel aye, Michael Fisher aye, Ben Fairbank aye and Deborah Freeman aye. 7-0.

5:00 - Public Hearings:

Smith, 80 2nd Ave., Map 40, Parcel 26, Request for 3-year extension. Nate Jones represented the applicant and stated the project is under construction and would like to keep the Order open in the event of any future issues. The Commission requested this be a one-year extension. John Cumbler moved to approve a one year extension; seconded by Leon Shreves. VOTE: John Portnoy aye, Leon Shreves aye, John Cumbler aye, Barbara Brennessel aye, Michael Fisher recused, Ben Fairbank aye, and Deborah Freeman aye. 6-0-1

Sarazin, 15 Springline Dr., Map 29, Parcel 258, RDA, construct 10 x 12 shed. Theresia Sarazin represented herself and Chair Freeman stated the shed location was not staked. The Commission stated the 50 and 100 foot buffer zones were not identified on the site plan. John Cumbler moved to continue to January 20, 2021; seconded by Barbara Brennessel. VOTE: John Portnoy aye, Leon Shreves aye, John Cumbler aye, Barbara Brennessel aye, Michael Fisher recused, Ben Fairbank aye and Deborah Freeman aye. 6-0-1

Holmes, 155 Samoset Rd., Map 28, Parcel 103, RDA, drill replacement well. Ron Peterson represented the applicant and provided a description of the location of the proposed well. They will be using portable equipment; i.e. no motor vehicles to access the site. There will be no impact to the resources. Barbara Brennessel identified the RDA as a -3; seconded by Michael Fisher. VOTE: John Portnoy aye, Leon Shreves aye, John Cumbler aye, Barbara Brennessel aye, Michael Fisher aye, Ben Fairbank aye and Deborah Freeman aye. 7-0

Spindler, 120 Sandpiper Hill Rd., Map 22, Parcel 9, RDA, replace wooden stairway. Jeanne May represented the property owner and stated several of the stairs need replacement. All work will be by hand. A stone pathway was constructed within the resources which was not permitted. The Commission made recommendations for the construction of the stairway, including identification tags in the event stair components float away. Ms. May stated she would have to have a conversation with the owners of the property. Michael Fisher moved to continue the hearing indefinitely; seconded by Barbara Brennessel. VOTE: John Portnoy aye, Leon Shreves aye, John Cumbler aye, Barbara Brennessel aye, Michael Fisher aye, Ben Fairbank aye and Deborah Freeman aye. 7-0

Miller, 20 First Ave, Map 30, Parcel 122, RDA, vista pruning. Lance Miller, owner. The Commission advised Mr. Miller that the trees were not marked or tagged. It was recommended he invite the arborist to be at the property when the next site visit will be performed. Michael Fisher moved to continue to January 20, 2021. VOTE: John Portnoy aye, Leon Shreves aye, John Cumbler aye, Barbara Brennessel aye, Michael Fisher aye, Ben Fairbank aye and Deborah Freeman aye. 7-0

Sheetz, 125 Marven Way, Map 21, Parcel 26, NOI, tree removal, repair walkways, expand deck, construct small platform, removal of trees and pruning for view corridor (Cont’d to 1/6/21)

Mr. Sheetz, owner, Jeremy Young and David Lajoie attended the zoom meeting. A revised site plan was submitted and Mr. Sheetz identified the locations on the property where they reduced the amount of disturbance. A discussion regarding the 6000-square-foot tennis court within the resources took place and the Commission expressed concern that maintenance of the court prevented salt marsh migration with rising sea levels. John Portnoy provided aerial photos from various years to try and identify when the tennis court(s) were constructed, apparently sometime between 1960 and 1984. If this unpermitted tennis court was constructed after WPA establishment in August 1978, it would be a violation, which could be enforced now because the property has recently changed hands. However aerial photo quality is inadequate to determine when the court was built. Portnoy provided photos of the salt marshes and the berm separating the court from the marsh and stated that the court is nevertheless in the wetland resource. There is no record of when the two tennis courts were built. Mr. Sheetz stated that Camp Marvin was no longer in business in the 1970’s and these two tennis courts were part of the camp. Mr. Sheetz stated he thinks one of the tennis courts is an old basketball court. The property was subdivided prior to 2017. Mr. Sheetz stated they are not creating any new disturbance and are improving the property. This property has preexisting structures. David Lajoie stated that total disturbance on the lot would be reduced by this project from 613 square feet to 560 square feet. A new planting plan will be submitted. Michael Fisher moved to approve the NOI with the following conditions: 1) A detailed planting plan with size and plants to be submitted prior to the commencement of work on the site and 2) Repairs to the tennis court and berm on the property within the salt marsh area will be prohibited in perpetuity; seconded by John Cumbler. VOTE: John Portnoy aye, Leon Shreves aye, John Cumbler aye, Barbara Brennessel aye, Michael Fisher aye, Deborah Freeman aye and Ben Fairbank aye. 7-0 Supervisor: Michael Fisher

Deborah Freeman requested a member of the Commission volunteer and be elected as the Chair starting in June 2021.

Mr. Cowels stated he will be coming before the Commission in the future and shared a concern he had with Lt. Island.

John Portnoy moved to adjourn at 6:15 pm; seconded by Barbara Brennessel. VOTE: John Portnoy aye, Leon Shreves aye, John Cumbler aye, Barbara Brennessel aye, Michael Fisher aye, Deborah Freeman aye and Ben Fairbank aye. 7-0

Respectfully submitted,

Christine Bates, Committee Secretary

Paperwork / Documents:

Smith: Request for Extension

Sarazin: RDA and site plan Ryan Curley presentation on Permeable Reactive Barriers

Holmes: RDA and site plan

Spindler: RDA and site plan

Miller: RDA and site plan Sheetz: revised site plan