Approved Conservation Commission Mtg Mins
Approved
Wellfleet Conservation Commission
Meeting Minutes
January 20, 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
Open Space: land transfer: Map 28, Parcels 80, 82, and 239; Map 30, Parcel 186, Map 30, Parcel 188, Map 42, Parcel 137. Bruce Hurter stated they are looking at two Town Meeting articles for transfer of the above parcels to Commission stewardship:
Barbara Brennessel moved to approve Map 30, Parcel 188 and Map 42, Parcel 137 for purposes of Open Space Conservation; seconded by Leon Shreves VOTE: Michael Fisher recused himself; Leon Shreves aye; Barbara Brennessel aye; Ben Fairbank aye; John Portnoy aye; and Deborah Freeman aye 5-0-1.
Second article: Map 28, Parcels 80, 82 and 239 for purposes of Open Space Conservation.
John Portnoy moved to approve; seconded by Barbara Brennessel. VOTE: Michael Fisher recused; Deborah Freeman aye; Leon Shreves aye; Barbara Brennessel aye; Ben Fairbank aye; and John Portnoy aye. 5-0-1. (John Cumbler had not entered the meeting as yet)
Vessel Report: The Commission reviewed the report and made recommendations. The report will be discussed with Horsley Witten and Barbara Brennessel stated spring is not too far away and if this is going to happen, we want to educate the public and make brochures.
Ryan Curley stated an Attorney advised if a public meeting of even 2 commissioners discuss issues of their committee, it has to be publicized under the rules of the Open Meeting Law.
Suzanne Thomas recommended breaking out Old Wharf Point, to be managed by the Open Space Committee[.1] from all others to be managed by the town. Ryan Curley stated that Old Wharf s is a common landing under State law. The Vessel Regulations will be discussed again on Feb 3, 2021.
There will be a Working Session in February (10 AM, Feb. 2) for the Draft Wellfleet Environmental Protection Regulations, which will be posted in the newspaper. Comments to be sent to all members of the Commission. The revised regulations will be further discussed on February 17, 2021. Brennessel and Portnoy commented that the Horsley Witten draft is well written. This will have to be a working session with Horsley Witten after the Commission consolidates comments.
Agent Greenberg-Lemos stated she made a site visit to 450 Ridgeview Road and will write a letter regarding the unpermitted tree cutting within our jurisdiction.
FEMA Floodplain Regulations: Agent Greenberg-Lemos stated she sent paperwork to several agencies and has not received responses. She doesn’t feel there is enough time to put information in for the Town Meeting.
Jurisdictional Opinions: prune and reduce crown height of black locust at CCYC. To be heard at the next meeting.
Wellfleet Cons Trust: New trail on Fouse-donated land above Herring River. Denny O’Connell stated that the Conservation Trust is ready to start trail work and there is a small wetland about ¼ acre. They propose to put a single track walking trail through the area. He identified the riverfront buffer and it is flagged. O’Connell said that the small wetland is not a vernal pool and the trail will not disturb the vegetation. There will be a 2-car parking area, a single tract path, making it as narrow as possible with just a few branches removed. The Commission would like to walk the path prior to approving this and will do it at the site visit on Feb. 3 at 10:05 am.
Woods Hole Group – peer review. Barbara Brennessel moved to accept the Woods Hole Group peer review: seconded by Michael Fisher VOTE: Michael Fisher aye; Deborah Freeman aye; Barbara Brennessel aye; John Cumbler aye; John Portnoy aye; Leon Shreves aye; and Ben Fairbank: VOTE 7-0.
John Portnoy moved to approve inclusion of the Simone revetment in the WHG peer review; seconded by Barbara Brennessel. VOTE: Michael Fisher aye; Deborah Freeman aye; Barbara Brennessel aye; John Cumbler aye; John Portnoy aye; Leon Shreves aye; and Ben Fairbank: VOTE 7-0.
Boehringer: Barbara Brennessel moved to approve inclusion of the Boehringer revetment in the WHG peer review; seconded by Leon Shreves : Michael Fisher aye; Deborah Freeman aye; Barbara Brennessel aye; John Cumbler aye; John Portnoy aye; Leon Shreves aye; and Ben Fairbank aye: VOTE 7-0.
Charlie Agro of Coastal Engineering had no comment or objections to this.
Meeting minutes: January 6, 2021: John Portnoy moved to approve the amended 1/6/21 meeting minutes; seconded by Barbara Brennessel: Michael Fisher aye; Deborah Freeman aye; Barbara Brennessel aye; John Cumbler aye; John Portnoy aye; Leon Shreves aye; and Ben Fairbank aye. Vote 7-0.
Michael Fisher moved to adjourn the business meeting at 4:55 pm; seconded by Barbara Brennessel. Michael Fisher aye; Deborah Freeman aye; Barbara Brennessel aye; John Cumbler aye; John Portnoy aye; Leon Shreves aye; and Ben Fairbank. VOTE 7-0.
Public Hearings
Lackner, 66 Hiawatha Rd., Map 28, Parcel 178, RDA, Upgrade pathway (cont’d) Ms. Lackner reduced the amount of impervious surface on the pathway and she improved the driveway. She gave an overview of her changes to comply with the Commission. She was again informed work was to be limited to her property. The site plan provided is a surveyor’s plan which identifies the 50’ and 100’ buffer zones. She stated she appreciated the DPW filling in some of the holes. She stated there are utility poles and pull-out areas for passing vehicles as well as parking in the right of way. Natural Heritage was notified. The Commission needs copies of the green cards as well as a response from Natural Heritage. Barbara Brennessel identified the RDA as a Negative 3 ; John Cumbler seconded. VOTE: Leon Shreves aye; Barbara Brennessel aye; John Cumbler aye; Michael Fisher recused; John Portnoy aye; Ben Fairbank aye; and Deborah Freeman aye.. Condition: complete paperwork to be submitted to agent. 6-0-1
Currier, 1015 Chequessett Neck Rd., Map 19, Parcel 93, RDA, install ground mount (seven 2 x 10 forms, 12” wide & 9’ long) for 30 solar panels Cont’d Agent Greenberg-Lemos stated the application has been withdrawn without prejudice. John Cumbler moved to allow the application be withdrawn without prejudice; seconded by Leon Shreves. VOTE: Leon Shreves aye; Barbara Brennessel aye; John Cumbler aye; Michael Fisher aye; John Portnoy aye; Ben Fairbank aye; and Deborah Freeman aye. 7-0
Buglione (Parker, current owner), 84 Springbrook Rd., Map 47, Parcel 28, Certificate of Compliance Agent Greenberg-Lemos stated the work was completed satisfactorily. Barbara Brennessel moved to approve the Certificate of Compliance; seconded by Leon Shreves. . VOTE: Leon Shreves aye; Barbara Brennessel aye; John Cumbler aye; Michael Fisher aye; John Portnoy aye; Ben Fairbank aye; and Deborah Freeman aye.. 7-0
Wei, 40 Hiawatha Rd., Map 28, Parcel 176, Certificate of Compliance. David Wei provided before and after pictures. The work was completed satisfactorily. Barbara Brennessel moved to approve the Certificate of Compliance, second John Cumbler. VOTE: Michael Fisher recused, Leon Shreves aye; Barbara Brennessel aye; John Cumbler aye; John Portnoy aye; Ben Fairbank aye; and Deborah Freeman aye. 6-0-1
Cowles, 150 3rd Str., Map 40, Parcel 98, RDA, install shed John Cowles gave an overview of the project, stating they didn’t want to obstruct the neighbors’ views. He wanted to add a 3’ x 6’ blue stone walkway in front of the shed. Barbara Brennessel identified the RDA as a Negative 3; seconded by John Portnoy. VOTE: Leon Shreves aye; Barbara Brennessel aye; John Cumbler aye; Michael Fisher aye; John Portnoy aye; Ben Fairbank aye; and Deborah Freeman aye.. 7-0
Sarazin, 15 Springline Dr., Map 29, Parcel 258, RDA, construct 10 x 12 shed (Cont’d) The property was staked and the shed was moved further from the buffer zone. John Portnoy stated that the condition of a previous wetland permit had not been fulfilled, i.e. reduction in mowed lawn area adjacent to the wetland. Barbara Brennessel identified the RDA as a Negative 3 ; with the condition that the applicant obtain guidance from the Agent to determine the wetland edge and thenceforth stop mowing below this edge so that wetland vegetation can recover; seconded by John Cumbler. VOTE: Michael Fisher recused, Leon Shreves aye; Barbara Brennessel aye; John Cumbler aye; John Portnoy aye; Ben Fairbank aye; and Deborah Freeman aye. 6-0-1
Miller, 20 First Ave, Map 30, Parcel 122, RDA, vista pruning (Cont’d) The applicant requested an indefinite continuance. Michael Fisher moved to an indefinite continuation; seconded by John Cumbler. VOTE: Leon Shreves aye; Barbara Brennessel aye; John Cumbler aye; Michael Fisher aye; John Portnoy aye; Ben Fairbank aye; and Deborah Freeman aye. 7-0
Miller, 246 King Phillip Rd., Map 34, Parcel 12, NOI, excavate along existing basement, construct 16’ x 14’ study, reduce and rebuild existing deck, expand another deck, maintenance on beach boardwalk and stairs. Steven Phillips represented the applicant and gave an overview of the project. The intent is to remove soil to bring more light into the lower level with sliding glass doors. The owner needed office space and the study will be accessed through the master bedroom, so no new bedroom will be created. The project is under the 5,000 sq ft maximum allowed disturbance. There will be no infringement on the wetland border. The Commission requested the site plan identify the total amount of disturbance on the property and identify the work limit. The Commission also remarked on past tree topping and that there is nothing in the files for the permission to do that. Mr. Phillips stated Natural Heritage replied this is out of the area for habitat of rare species. The excavation materials will be carried beyond the 100’ buffer zone. This property has an old rock revetment and has no conditions regarding renourishment. The owner will calculate the amount of sand for renourishment required. There was discussion regarding the septic system which is out of the jurisdiction. Mr. Phillips will scan a copy to Agent Greenberg-Lemos. Mr. Phillips requested a continuation to February 3, 2021; John Portnoy moved to continue to 02/03/21; seconded by Michael Fisher.
VOTE: Leon Shreves aye; Barbara Brennessel aye; John Cumbler aye; Michael Fisher aye; John Portnoy aye; Ben Fairbank aye; and Deborah Freeman aye. 7-0
Shaderowfsky, 77 and 83 Samoset Ave., Map 28, Parcels 114 and 113, NOI, construct vinyl seawall. Charlie Agro represented the applicant and stated they are going to install vinyl sheet piling seaward of, and against, the existing concrete seawall and reconstruct the beach access stairs in a new location. Sand has washed through the cracks in the concrete wall. Mr. Agro provided photographs of the seawall and gave an overview of the work to be performed. There was discussion regarding the proposed stairway and landing location and if there would be a greater disturbance to the 50’ zone. Agro stated if the stairs were relocated off from the decking, it would reduce a 53 sq ft of walkway, and the landings would be elevated on the cross section to allow vegetation to grow. He stated there would be minimal impact to the neighbors where they are doing renourishment. The neighbor has a renourishment program in place. This project requires a Chapter 91 permit. John Portnoy questioned why they are maintaining this concrete wall out so far on the beach, given sea-level rise since its construction, and the best thing to do is to remove the wall and put it back closer to the coastal bank so there would be some beach. Argo stated this wall adjoins another wall and he described the potential damage done to the beach and bank and increase scouring. This is a VE zone with potential flooding up to 29 feet NAVD88, according to FEMA maps. The Commission requires numbers for the proposed disturbed area and the current disturbed square footage. Further discussion took place regarding the stone return to the south, the location of the concrete wall into the beach area, possibly moving it diagonally to the north, which would eliminate some of the wall on the beach and would not endanger the neighbor’s property. Agro recommended making the break in the stairway smaller. Agro stated if there is any elevation change it could possibly cause a void space and didn’t see any gains. The footing on the wall will be removed. Agro provided scientific reasons why this would not be beneficial to any of the properties. The area for the sheet piles will be pre-excavated. Nancy Civetta asked why they are using plastic and Agro replied the plastic is best because it does not degrade as fast as steel or other type of material. She would like more information about the vinyl/plastic and an assessment on any impact on the harbor as well as an alternative solution. This project will require a MEPA review and several other agencies will look at it. The abutter’s seawall is in pretty good shape other than the footings starting to deteriorate slowly. John Cumbler moved to continue to February 3, 2021; seconded by Barbara Brennessel VOTE: Leon Shreves aye; Barbara Brennessel aye; John Cumbler aye; Michael Fisher aye; John Portnoy aye; Ben Fairbank aye; and Deborah Freeman aye.. 7-0
Hoeland, Trustee, 1440 Chequessett Neck Rd., Map 18, Parcel 7, NOI, Install 3 sand-filled coir envelopes along toe of the eroding coastal bank. At the request of the applicant
Ben Fairbank moved to continue to February 3, 2021; seconded by Michael Fisher VOTE: Leon Shreves aye; Barbara Brennessel aye; John Cumbler aye; Michael Fisher aye; John Portnoy aye; Ben Fairbank aye; and Deborah Freeman aye.. 7-0
Barbara Brennessel moved to adjourn at 6:30 pm; seconded by Leon Shreves; VOTE: Leon Shreves aye; Barbara Brennessel aye; John Cumbler aye; Michael Fisher aye; John Portnoy aye; Ben Fairbank aye; and Deborah Freeman aye.. 7-0
Respectfully submitted
Christine Bates, Committee Secretary
Documents
Vessel Report
Lackner – revised site plan
Currier, letter requesting withdrawal
Buglione – Request for Certificate of Compliance
Wei – Request for Certificate of Compliance
Cowles – RDA and backup material
Sarazin – RDA and backup material
Miller (246 King Phillip Rd) NOI and backup material
Shaderowfsky = NOI and backup material
Hoeland Trustee, e-mail requesting continuation
[.1]Wellfleet Conservation Trust