Approved Conservation Commission Mtg Mins
Approved
Wellfleet Conservation Commission
Meeting Minutes
November 17, 2021
Remote Meeting
Roll Call Attendees: Chair Leon Shreves, Clerk Michael Fisher, Barbara Brennessel, John Cumbler, Marty Murphy, Ben Fairbank, Agent Hillary Greenberg-Lemos, and Christine Bates, Committee Secretary.
Chair Leon Shreves opened the Business Meeting at 4:00 pm
4:00 pm Business Meeting
Mail / Discussion
Boats on beaches – patrolling. Barbara Brennessel circulated a memo sent from Suzanne Thomas regarding a request to store a sailfish on Powers Landing. There is no enforcement and Suzanne implied it is up to Conservation Commission to enforce compliance since we have the regulations. There were state signs vandalized on King Phillips. We have tried to educate people over the past year, but boats have still ended up on the wetlands. Unless Agent Greenberg-Lemos presses the Harbormaster, no one is currently enforcing regularly. Leon suggested setting up a regular rotation in the summer for the Conservation Department staff and the Commissioners to inspect the beaches, notify the Harbormaster, and have the boats removed. The Wellfleet Conservation Trust manages a kayak rack at Old Wharf Point for people’s use with paid stickers. But there are issues with the boats of people who have moorings or who have shellfish grant holders but do not display permission stickers; both groups should have them from the Harbormaster. So those boats cannot be identified in contrast to unauthorized vessels. Michael questioned if the Recreation Department could participate because they already have a paid staff person who checks their racks. After further discussion, Agent Greenberg-Lemos stated her assistant could check the beaches during the summer months. John Cumbler recommended using warning stickers on boats that are violating the regulations. Leon suggested also taking pictures. The Commission agreed to revisit this issue in the early Spring in order to keep on top of the problem.
Shellfish Discussion – beach renourishment. Jordan Halloran from the Shellfish Department attended the meeting. There was discussion regarding the amount of sand being used on private properties for beach nourishment. The amount required by the Commission is determined by coastal geologists. However, sometimes homeowners have added more (or less) sand than required in their Conditions. There is both long-term and short-term erosion; both need to be assessed in order to determine the amount of nourishment that is appropriate at that site. There is a current conflict at some sites between the renourishment of the beach and the needs of shellfish grant holders to keep excess sand off their racks. Shellfish are a major Town resource. Barbara Brennessel stated there is also the issue of diamond back terrapins, that require sand for nesting and are a state protected species. The Commission is allowed to alter the amount of sand required by Conditions. But all these factors make it complicated. The Shellfish Department and the Conservation Agent provided photographs showing where sand flowed over some of the shellfish grants off Indian Neck and we need to try to determine if it was from beach renourishment or the natural flow of sand. Jordan described the activity at Field Point and she said some of the shellfisherman have found from 4 to 18 inches of sand on their grants, which can raise up the racks to air exposure for more of the tide. It is important to have the oysters covered in water as long as possible due to the potential health issue of vibrio contamination. Curtis Graham, a shellfisherman, stated he has experienced all the issues with sand covering his grant. He stated if there are high tides or a northwest wind, the sand moves within a week from the properties where nourishment has taken place. Curtis stated the sand is not native sand and flows onto the eel grasses as well. John Cumbler would like to know the history of properties with and without revetments and how the sand flows over long time periods. Agent Greenberg-Lemos will contact Greg Berman for his assistance and knowledge about the flow of sand, especially along Indian Neck beaches.
Jurisdictional Opinions: Thomas Steiner – cut down 2 trees and saplings leaning toward the side of his house. Agent Greenberg-Lemos stated she made a site visit and felt that shrubs and trees could be planted for mitigation. Barbara Brennessel moved to approve the Jurisdictional Opinion with the Condition to plant a total of 6 trees and shrubs to compensate for biomass loss; seconded by Leon Shreves. VOTE: Leon Shreves aye; Barbara Brennessel aye; Michael Fisher aye; Ben Fairbank aye; John Cumbler aye; and Marty Murphy aye. 6-0.
30 Briar Lane (Cont’d) Jeremy Young stated he didn’t recommend replacing the dead maple tree located on the west side of the property with another tree due to the 45 degree slope on the property. It was Conditioned that he plant four 5-gallon bayberries somewhere on the property. John Cumbler moved to approve the Jurisdictional Opinion with that Condition; seconded by Leon Shreves. VOTE: Leon Shreves aye; Barbara Brennessel aye; Michael Fisher aye; Ben Fairbank aye; John Cumbler aye; and Marty Murphy. 6-0.
Meeting Minutes: Leon Shreves moved to approve the amended November 3, 2021 meeting minutes; seconded by John Cumbler. VOTE: Leon Shreves aye; Barbara Brennessel aye; Michael Fisher aye; Ben Fairbank aye; John Cumbler aye; and Marty Murphy aye. 6-0.
Leon Shreves moved to adjourn the Business Meeting at 4:55 pm; seconded by Michael Fisher. VOTE: Leon Shreves aye; Barbara Brennessel aye; Michael Fisher aye; Ben Fairbank aye; John Cumbler aye; and Marty Murphy. 6-0.
5:00 Public Hearings Attendees: Chair Leon Shreves, Clerk Michael Fisher, Barbara Brennessel, John Cumbler, Ben Fairbank, Marty Murphy.
Olney / Donnelly, 479 Black Pond Rd., Map 4, Parcel 38, Certificate of Compliance Cont’d. Tim Brady represented the applicant and stated the questions about the driveway that services the cottage were answered in an e-mail he sent to the Agent and forwarded to the Commissioners. He stated other people use the area for pulling off Black Pond Road to allow other vehicles to pass. It does not provide access to the cottage. Barbara Brennessel stated that she has viewed cars parked on the driveway at the cottage, including near its porch, so she feels there should be a barrier in the driveway. After discussion, it was Conditioned that a permanent large planter box would be placed half-way up the driveway which would allow the oil truck and emergency vehicles to service the property. Michael Fisher moved to approve Certificate of Compliance with that Condition; VOTE: Leon Shreves aye; Barbara Brennessel recused; Michael Fisher aye; Ben Fairbank aye; John Cumbler aye; and Marty Murphy. 5-0-1.
Cronin, 66 Lecount Hollow Rd, Map 30, Parcel 8, Request for Certificate of Compliance. Agent Greenberg-Lemos stated there are two parts of the project they did not do (stone wall and planting of hydrangeas) but everything else is in compliance. Leon Shreves moved to approve the Certificate of Compliance; seconded by Michael Fisher. VOTE: Leon Shreves aye; Barbara Brennessel aye; Michael Fisher aye; Ben Fairbank aye; John Cumbler aye; and Marty Murphy aye. 6-0.
Thayler Island LLC, 250 Meadow Ave West, Map 40, Parcel 158, Request for Certificate of Compliance. Agent Greenberg-Lemos stated everything is in compliance with continuing sand renourishment. Condition: notify agent when nourishment will take place. John Cumbler moved to approve the Certificate of Compliance with this Condition; seconded by Michael Fisher. VOTE: Leon Shreves aye; Barbara Brennessel aye; Michael Fisher aye; Ben Fairbank aye; John Cumbler aye; and Marty Murphy aye. 6-0. Mr. Thayler stated some of his neighbors are not performing proper required sand renourishment and asked Agent Greenberg-Lemos to follow up. She stated that those owners have received official letters requiring fulfillment of the Conditions on their properties.
Spear and Janis, 835 Chequessett Neck Rd., Map 19, Parcel 105, Request for Certificate of Compliance. Agent Greenberg-Lemos stated this is in compliance. John Cumbler moved to approve the Certificate of Compliance; seconded by Barbara Brennessel. VOTE: Leon Shreves aye; Barbara Brennessel aye; Michael Fisher aye; Ben Fairbank aye; John Cumbler aye; and Marty Murphy aye. 6-0.
Baker, 35 Way #60, Map 19, Parcel 16, NOI, renovation and addition to single family dwelling. David Lyttle, Mrs. Baker, and Albert Fine, the architect, attended the meeting. This will be a 450 sq. ft. addition. The Commission in the previous hearing had asked for the total disturbed area, which was not provided. There is nothing in the Ryder Wilcox plan considering alternatives for the dwelling, as is required. David Lyttle stated the flood zone delineation was changed recently and all the previous work was done before the change. There are no proposed grade changes. John Cumbler asked if the deck could be relocated further away from the 50’ buffer zone by putting it to the side. He also would like to see the deck reduced in size. David Lyttle will supply the information and a revised plan. Barbara Brennessel moved to continue to December 1, 2021; seconded by John Cumbler. VOTE: Leon Shreves aye; Barbara Brennessel aye; Michael Fisher aye; Ben Fairbank aye; John Cumbler aye; and Marty Murphy aye. 6-0.
Batybat Realty Trust (Alonso), 90 Ring Road, Map 41, Parcels 96 and 97.1, NOI, construct an extension to a bedroom. David Lajoie did not attend the meeting and no one else represented the applicant. Leon Shreves moved to continue to indefinitely seconded by Michael Fisher. VOTE: Leon Shreves aye; Barbara Brennessel aye; Michael Fisher aye; Ben Fairbank aye; John Cumbler aye; and Marty Murphy aye. 6-0
Mordecai, 374 King Phillip Rd., Map 35, Parcel 182, NOI, Work on docks, piers, revetments, dikes, etc. (coastal or inland) propose project is to install a living shoreline. A site visit was made by the Commissioners. Mark Burgess, Seth Wilkinson, and Ann Sobolewski represented the applicant. Mark Burgess stated they plan on resubmitting their part of this project at the same time as an application with the immediate neighbors on the other part of this project. Mark provided the history of the previous projects on this property. The angle of the shoreline that faces west has not changed, just moved down the coast. In past years, they tried to renourish with 800 cubic yards of sand but that was too much and then they tried 200 cubic yards, which was not enough. They are proposing to soften the flip curve on the current revetment and reworking 20’ of the revetment that is currently compromised by end scour. The want to extend their revetment to within 15’ of the property line and use toe stones that will be closer together. The revetment will be bent and carried into the bank to meet the new grade. Any renourishment will be to maintain the sand cover over the revetment and the living shoreline. Response from Natural Heritage has not been received as yet. The living shoreline will start at the east portion of the property and Burgess will submit an updated plan to determine where it will end. Barbara Brennessel wants to know the history of the property and she is concerned with the extension of the revetment. She is also concerned with the effects on the nesting of the terrapin turtle population as well as sand movement onto shellfish grants. Mark stated the reason to extend the revetment is that erosion has reached near a deck at the top of the hill and he wants to allow as much protection of the house as possible. The living shoreline will go right up to the revetment. Seth Wilkinson stated they are trying to stabilize the bank naturally and need to pay attention to the salt marshes. Seth described the materials proposed to be used: coconut fiber rolls, metal cables, and mesh netting. He stated that without cables and mesh, the rolls could be dislodged and, since they float, could cause harm elsewhere. He stated in a significant storm event, the alternative of sand filled coir rolls could release so much sand as to kill the marsh and sand filled coir rolls do not last as long as the coconut fiber rolls. Burgess reiterated that a significant release of sand would impact the marsh as well as the shellfish grants. John Cumbler requested a formal alternative analysis between the coconut fiber rolls versus sand filled envelopes. At the request of the applicant, Michael Fisher moved to continue this project to January 5, 2022; seconded by Leon Shreves. VOTE: Leon Shreves aye; Barbara Brennessel aye; Michael Fisher aye; Ben Fairbank aye; John Cumbler aye; and Marty Murphy aye. 6-0
Bross, 46 Sandpiper Hill Rd., Map 22, Parcel 6, RDA, Plant six 4-5 foot tall Eastern red cedars to the left side of the property as a replacement for the removal of the three black locusts that are threatening the house. Macphee Landscaping will be doing the work and stated all work will be done by hand. All trees will be flush cut. Barbara Brennessel identified this as a Negative 3; seconded by Leon Shreves. VOTE: Leon Shreves aye; Barbara Brennessel aye; Michael Fisher aye; Ben Fairbank aye; John Cumbler aye; and Marty Murphy aye. 6-0.
Barbara Brennessel moved to adjourn at 6:30 pm; seconded by Leon Shreves. VOTE: Leon Shreves aye; Barbara Brennessel aye; Michael Fisher aye; Ben Fairbank aye; John Cumbler aye; and Marty Murphy aye. 6-0.
Respectfully submitted,
Christine Bates, Committee Secretary
Documents:
Memo from Suzanne Thomas regarding storage of sailfish
Olney/Donnelly: Request for Certificate of Compliance
Cronin: Request for Certificate of Compliance
Thayler: Request for Certificate of Compliance
Spear and Janis: Request for Certificate ofCompliance
Baker: Notice of Intent and back up materials
Mordecai: Notice of Intent and back up materials
Bross: Request for Determination of Applicability and back up materials
: