Approved Conservation Commission Mtg Mins

Meeting date:

Wednesday, October 20, 2021

Approved

Wellfleet Conservation Commission

Meeting Minutes

October 20, 2021

Remote Meeting

Attendees: Chair Leon Shreves, Clerk Michael Fisher, Barbara Brennessel, Ben Fairbank, Marty Murphy, John Cumbler, and Christine Bates, Committee Secretary.

4:00 pm Business Meeting

Mail / Discussion

Jurisdictional Opinions - none

Meeting Minutes Michael Fisher moved to approve the amended meeting minutes of 10/06/21; seconded by Marty Murphy. VOTE: Marty Murphy aye; Leon Shreves aye; Michael Fisher aye; John Cumbler aye; and Barbara Brennessel aye. (Ben Fairbank joined the meeting after this motion). 5-0

Ryan Curley reported the town is planning to hire a media expert and Commission meetings will resume in person. The plan is to have a hybrid system. The Chair and a quorum of Commissioners must be physically present, but the other Commissioners and applicants could be remote. Some members of the Commission said that they are reluctant to be in a small, unventilated meeting room like the Town Hall basement, preferred a larger room in the Senior Center, and recommended having the public and applicants wait in another area outside of any meeting room until that case would be heard.

Barbara Brennessel reported people are not paying enough attention to the small vessels regulations in wetlands on Town property and private properties. She stated there was insufficient enforcement by the Town and she would like to get better signage for certain areas. Some signage was torn down. In the National Seashore, Rangers have kept closer tabs on vessels left in the resources. She would like to address this issue again this early spring so that patterns are established before the summer rush.

Marty Murphy stated he did not receive any training or orientation materials when he joined the Commission. It was recommended putting together an orientation package for new members on the Commission. It would include the regulations, knowledge on how to read site plans, what forms are used, etc. Michael Fisher stated MACC offers courses on-line and they have booklets and information to share. Christine Bates reported she recently updated a form identifying all the members of the Commission, to be sent to MACC.

There was discussion regarding disclosure of apparent conflicts of interest when a member has property rights affected in an application. Ryan Curley stated there is a form which is provided by the State Ethics Board available to sign and be approved by the Select Board if there is a real or apparent conflict of interest. Curley also stated that there is a “rule of necessity” which would come into place if a Commission does not have a quorum due to conflicts of interest in order to vote on a project. Michael Fisher has made a declaration of apparent conflict, approved by the Select Board, several times because he is a Trustee of the Wellfleet Conservation Trust. Agent Greenberg-Lemos is recruiting for a 7th member of the Commission.

Barbara Brennessel moved to adjourn the business meeting at 4:20 pm and resume at 5:00 pm; seconded by Leon Shreves. VOTE: Michael Fisher aye; Barbara Brennessel aye; Ben Fairbank aye; Marty Murphy aye; Leon Shreves aye; John Cumbler aye. 6-0.

5:00 Public Hearings

In attendance: Barbara Brennessel, Michael Fisher, Ben Fairbank, Marty Murphy, Leon Shreves, and John Cumbler

Town of Wellfleet, 140 School House Rd., Map 9, Parcel 637, Gull Pond Public Landing, RDA, remove stairs, stabilize bank and revegetate. Michael Fisher reported an email from Agent Greenberg-Lemos saying that the Town wants to continue this application indefinitely so that the Select Board can consider this project. John Cumbler stated he found paperwork for the two Town projects was unsatisfactory since it did not include details, a planting list, how large an area is to be included in the project, and other information required. Leon Shreves moved to continue indefinitely; seconded by Michael Fisher. Michael Fisher aye; Barbara Brennessel aye; Ben Fairbank aye; Marty Murphy aye; Leon Shreves aye; John Cumbler aye. 6-0.

Town of Wellfleet, 505 Long Pond Rd., Long Pond Public Landing, Map 16, Parcels 655 and 650, RDA, remove stairs, stabilize bank and revegetate. Michael Fisher reported an email from Agent Greenberg-Lemos saying that the Town wants to continue this application indefinitely so that the Select Board can consider this project. Leon Shreves moved to continue indefinitely; seconded by Michael Fisher. Michael Fisher aye; Barbara Brennessel aye; Ben Fairbank aye; Marty Murphy aye; Leon Shreves aye; and John Cumbler aye. 6-0.

Allen, 38 Sea Oaks Way, Map 36, Parcel 18, Certificate of Compliance. Michael Fisher read the meeting minutes from when the Order of Conditions was issued. Gordon Peabody stated he regularly visits the site and he stated the project is in compliance. Leon Shreves moved to approve the Certificate of Compliance, seconded by Michael Fisher. Michael Fisher aye; Barbara Brennessel aye; Ben Fairbank aye; Marty Murphy abstained; Leon Shreves aye; and John Cumbler aye. VOTE: 5-0-1

Wolf, 156 Pleasant Point Rd., Map 35, Parcel 110, Certificate of Compliance Gordon Peabody stated there was a project for the small cottage. Gordon stated they are in the process of planting some trees under an RDA filing. This is for work they wanted to do on the main house which they did not actually do. They made a permeable driveway, repaired a stone wall, and removed vegetation. Barbara Brennessel moved to grant the Certificate of Compliance, seconded by John Cumbler. Michael Fisher aye; Barbara Brennessel aye; Ben Fairbank aye; Marty Murphy abstained; Leon Shreves aye; and John Cumbler aye. VOTE: 5-0-1

Gips, 25 Crest Ave, Map 35, Parcel 88, RDA, construct elevated storage shed. There was no one to make a presentation for the RDA. Barbara Brennessel moved to continue indefinitely until there is a representative; seconded by Michael Fisher. Michael Fisher aye; Barbara Brennessel aye; Ben Fairbank aye; Marty Murphy aye; Leon Shreves aye; and John Cumbler aye. VOTE: 6-0.

Welker, 70 Eric’s Way, Map 8, Parcel 68, RDA, tree removal. Gordon Peabody represented the applicant and stated there are several very large, marked pine trees near the dwelling. He stated two arborists agreed these trees need to come down due to safety reasons. There is also one oak tree limb close to the house which will also be removed. Gordon recommended planting 12 to 16 bear oak trees for mitigation. The property is heavily wooded area. The Commission was pleased with the plans as well as the site identification of the trees. Marty Murphy identified the RDA as a Negative 3; seconded by Leon Shreves. Michael Fisher aye; Barbara Brennessel aye; Ben Fairbank aye; Marty Murphy aye; Leon Shreves aye; and John Cumbler aye. VOTE: 6-0.

Goldberg / Hirschhorn, 520 Long Pond Rd, Map 16, Parcel 638, NOI, repair existing walkway and stairs providing a handrail, construct 4’ x 8’ seasonal boardwalk at end of existing stairs and removal of diseased pine tree. Cont’d (Form 5). A letter written by the owners of the property was shown to the Commission since it had arrived late. Mr. Goldberg stated they reduced the size of the boardwalk, the width of the walkway, and the number of trees to be removed. The Commission agreed the dead tree has to come down but felt the other trees did not pose a threat. Barbara Brennessel stated the ponds are very fragile and it is the Commission’s job to keep as much vegetation available to reduce nutrients from running into the ponds. It was estimated there would be 13 or 14 steps on the path. David Lajoie reviewed what was discussed at the last meeting and he provided a section view identifying the landscape timbers (6” x 6”) buried into the ground 6” to 8” to get a minimum change grade going down the path. The path will be 2 ½ feet wide. Lajoie stated the steps themselves will be 30” wide, with leveling before the next step, and then small stones or gravel will be placed between the timbers. He stated this design will reduce the amount of erosion and the water runoff will go into the gravel. No timbers will be used on the side of the pathway. He stated the vegetation is very stable on both sides of the pathway. The boardwalk will be 4’ x 6’ and can be removed easily. John Cumbler identified the vegetation on either side of the path is wintergreen and, if disturbed, typically does not survive and cannot be replanted. Lajoie reemphasized the safety issues for people using the path. He provided additional pictures of other locations in Wellfleet with this design. Barbara Brennessel stated that some of those other stairs in town will be removed. She said that the boardwalk would be covering any new grass growing within the resource and she recommended that people should use beach chairs instead so the sun can get to the resource. Lajoie stated keeping people contained on the boardwalk would eliminate or reduce the damage to the resource. A lengthy discussion took place regarding the use of gravel versus wood chips for the path. Lajoie stated gravel would not have to be replaced as often as wood chips and would capture any nutrients running toward the pond. Some of the Commissioners felt the wood chips would provide nutrition to the surrounding area by breaking down and would be a better solution environmentally. Jeremy Young stated they do not know what insects or by-products such as oil, gasoline etc. would be in the wood chips. He also pointed out if there are insects in some wood chips which could infest trees and surrounding vegetation. Lajoie stated he doesn’t feel there should be mitigation plantings alongside the path. Several of the Commission felt the path should remain in its natural state. Michael Fisher requested a condition be placed on this application, if approved, that there will be no docks or floats on the property. Barbara Brennessel stated she would like to see the styrofoam buoy and mooring removed, which is associated with this property but may not be on the property. The owners agreed with these conditions. The Commission broke down the application in segments regarding the path, the fill, the tree removal, and the boardwalk. The Commission requires additional information to reach an agreement on what is best for the property and the wetland resource. Lajoie requested a continuation so he could have a discussion with the owners on what they want in light of the advice of the Commission. Barbara Brennessel moved to continue to November 3, 2021; seconded by Leon Shreves. Michael Fisher aye; Barbara Brennessel aye; Ben Fairbank aye; Marty Murphy aye; Leon Shreves aye; and John Cumbler aye. VOTE: 6-0.

Baker, 35 Way #60, Map 19, Parcel 16, NOI, renovation and addition to single family dwelling Cont’d (Form 5) At the request of the applicant’s representative, Leon Shreves moved to continue to November 3, 2021; seconded by Barbara Brennessel. Michael Fisher aye; Barbara Brennessel aye; Ben Fairbank aye; Marty Murphy aye; Leon Shreves aye; and John Cumbler aye. VOTE: 6-0.

Leon Shreves moved to adjourn at 6:30 pm; seconded by Michael Fisher. Michael Fisher aye; Barbara Brennessel aye; Ben Fairbank aye; Marty Murphy aye; Leon Shreves aye; and John Cumbler aye. VOTE: 6-0.

Respectfully submitted,

Christine Bates, Committee Secretary

Documents:

Town of Wellfleet, RDA filing and backup

Town of Wellfleet, RDA, filing and backup

Allen: Request for Certificate of Compliance

Wolf: Request for Certificate of Compliance

Gips: Request for Determination of Applicability and backup material

Welker: Request for Determination of Applicability and backup material

Goldberg / Hirschhorn: Revised plans

Baker: email requesting continuation