Approved Conservation Commission Mtg Mins
Approved
Conservation Commission edited by MF
Meeting Minutes
January 5, 2022
Remote Meeting
Attendees: Chair Leon Shreves, Clerk Michael Fisher, Barbara Brennessel, Ben Fairbank, Marty Murphy, Agent Hillary Greenberg-Lemos, and Christine Bates, Committee Secretary.
Regrets: John Cumbler
4:00 pm Business Meeting
Mail / Discussion
Greg Berman began the discussion on beach nourishment. Michael Fisher stated: the Commission has sometimes been requiring property owners to provide sand nourishment and it is difficult to determine how much is appropriate and where the sand is going. Sometimes the sand is reported to be going on shellfish grants. Barbara Brennessel asked: if there were no revetments, wouldn’t the sand go there anyway. We do not have any gauge to determine the proper amount of renourishment except for the formulas available, plus the homeowners are concerned with the cost. Greg replied that the beaches would be eroding if we didn’t have rock revetments. He continued that there are various formulas to determine the erosion and renourishment rates. These formulas are based on long-term and short-term measures, and are dependent on shoreline change rate, and mean high water levels. These formulas look at the width of the structure as well as the height of the revetment or of the bank as a whole, as well as its location. If sand is dumped on the bank above the embankment, it acts not like a natural coastal bank but more like an unvegetated dune, subject to wind erosion. The beach in front of the revetment should not be reduced in height because there is often valuable habitat there. Coir rolls and sand-filled envelopes do not stop erosion but slow it down. Greg stated that the State has not been keeping up to date in providing fact sheets on how to assess the quantity of erosion and the amounts of appropriate sand. Barbara Brennessel asked if there is a calculation and amount and also if it would be better to place the sand in instalments instead of doing it all at once. Greg replied some people put down sand during or after the big storms. Michael Fisher stated some people use “triggers” to determine when to place sand. Greg stated if the abutters are not renourishing, more of the homeowner’s sand will be moving and more nourishment will be needed. Erosion typically happens in the winter months as well as during hurricanes. The Commission is trying to determine the appropriate volume of sand to require and also where the sand is going, such as onto shellfishing grants. The shellfishermen are allowed to raise their gear when sand covers their grants. Greg stated, with sea level rise, it might be good for the shellfishermen to have extra sand below their gear. Barbara Brennessel stated piping plovers and turtle habitat have been lost due to erosion and could they benefit from additional sand. How can the Commission we know where the sand is coming from and if it the same grain size as the eroded sand? Greg stated some researchers dye the sand, others use radioactive isotopes, but both these methods are rare. Generally, if the sand renourishment is done properly, there is no way to determine where it goes. Leon Shreves stated that the Commission is stuck among supporting the shellfishermen, the revetments which protect property, the coastal banks, and endangered species. Michael Fisher asked about the idea of a “pot of funds,” to which owners would contribute instead of putting sand on their own properties, in cases where sand renourishment there is not appropriate. This money would be available to purchase and deposit sand in a more beneficial area. Agent Greenberg-Lemos stated that sand banking options are being looked at. There is a CZM grant to pool local sand from building projects, etc. and have it be made available for areas in the outer Cape. There are also time restraints during the year due to piping plover and turtle nesting. Renourishment could be performed during the winter and the Commission could narrow the time of year when such work can be performed. The shellfishermen are responsible for their products and gear during the January/February timeframe which might be a good time for renourishment. It was recommended that Nancy Civetta attend the Commission’s meetings whenever revetments are the topic. Agent Greenberg-Lemos will have a discussion with the Shellfish Warden. There was further discussion regarding how to determine the amount of sand based on the height of the banks, the width of the revetments, the use of the current formula, the location of the sand nourishment, etc.
Sexton/Cook – discussion regarding their request for an Order of Conditions extension. Tim Brady represented the Sextons regarding 420 Lecount Hollow Rd., Map 31, Parcel 600. He stated this is an old cottage colony and several years ago one cottage was moved with an emergency approval. They filed a NOI (approved August 2018) asking that the individual cottages would be moved as necessary based on bank erosion. He stated a new NoI filing would consist of what was already previously filed with the same site plan. Barbara Brennessel stated the Commission is looking at new septic systems. Brady stated a holding tank is on the plan. Currently the cottages are on cesspools. After the cottages are moved outside of the buffer zone, a new septic system will be installed. Brady asked the Commission to review the current plans because he doesn’t feel there will be new information. Leon Shreves told him we need to see what disturbance will take place; Tim stated they will be out of the buffer zone. The Commissioners want to know the erosion rate and when the cottages would be moved. The Commissioners will make a site visit after receiving a renewed site plan. Agent Greenberg-Lamos pointed out that, due to Covid regulations, there is an automatic extension of 440 days for Orders of Condition.
Jurisdictional Opinions
Wexler, 101 Samoset Ave., replace decaying 6x6 landscape timber window well, 4 timbers high, and replace 6x6 landscape timbers by the patio at the rear of the property, 2 timbers high. Jeremy Young represented the applicant and stated that everything would be replaced in kind. Barbara Brennessel moved to approve the Jurisdictional Opinion; seconded by Michael Fisher. VOTE: Leon Shreves aye; Barbara Brennessel aye; Ben Fairbank aye; Michael Fisher aye; and Marty Murphy aye. 5-0
67 Eric’s Way, remove limb of tree overhanging the studio, located 96 feet from wetlands. Barbara Brennessel moved to approve the Jurisdictional Opinion; seconded by Michael Fisher. VOTE: Leon Shreves aye; Barbara Brennessel aye; Ben Fairbank aye; Michael Fisher aye; and Marty Murphy aye. 5-0
Meeting Minutes: December 15, 2021. Leon Shreves moved to approve the amended meeting minutes; seconded by Barbara Brennessel. VOTE: Leon Shreves aye; Barbara Brennessel aye; Ben Fairbank aye; Michael Fisher aye; and Marty Murphy aye. 5-0
Leon Shreves moved to adjourn the business meeting at 5:08 pm; seconded Michael Fisher. VOTE: Leon Shreves aye; Barbara Brennessel aye; Ben Fairbank aye; Michael Fisher aye; and Marty Murphy aye. 5-0.
5:08 - Public Hearings:
Leon Shreves opened the Public Hearing
In attendance: Barbara Brennessel, Marty Murphy, Michael Fisher, Leon Shreves, and Ben Fairbank.
Barker, Cassano, 105 Barker Street and 65 Atlantic Ave., Map 36, Parcels 53.1 and 54: Request for Certificate of Compliance. Gordon Peabody represented the applicant and provided a detailed description of the project and stated the project is compliant. Leon Shreves moved to approve the Certificate of Compliance; seconded by Michael Fisher. VOTE: Leon Shreves aye; Barbara Brennessel aye; Ben Fairbank aye; Michael Fisher aye; and Marty Murphy aye. 5-0
Nozar, 313 Main St., Map 14, Parcel 177, RDA, remove and replace existing wood frame deck and 2nd story landings, gravel patio, and access stairs and landing to deck, parking area to Main St. Existing wood stockade fence to be removed and fall protection fencing to be installed. Matthew Wrobel represented the applicant and provided the details of the project. The building includes 3 commercial businesses and 3 residences. All stairways will be replaced within the 50 to 100 foot Buffer Zone; the wetlands is Wesley Swamp. Agent Greenberg-Lemos stated there is an easement on the property for the Town to run a pipe. The new fencing will be post-rail fencing. None of the large trees will be disturbed. The area where the work will be performed is already disturbed. Although it appears there is a large amount of work to this project, they are replacing and have no new features. Michael Fisher moved to identify the RDA as a Negative 3 with the condition if trees are disturbed, they are replaced 1 to 1 with native species; seconded by Marty Murphy. VOTE: Leon Shreves aye; Barbara Brennessel aye; Ben Fairbank aye; Michael Fisher aye; and Marty Murphy aye. 5-0
Ward, 825 Chequessett Neck Rd., Map 19, Parcel 106, RDA, consolidate existing walk-in Section A from 3 walls to 2 walls. Move wall in Section B. Reinstall existing brick patio and walkway. Replace timber steps. There was no one representing the applicant and the Commissioners have important questions about this project and also prior unauthorized tree topping on the coastal bank. Barbara Brennessel moved to continue indefinitely; seconded by Leon Shreves. VOTE: Leon Shreves aye; Barbara Brennessel aye; Ben Fairbank aye; Michael Fisher aye; and Marty Murphy aye. 5-0.
Fang, 500 Lieutenant Island Rd., Map 41, Parcel 82, RDA, Replace existing deck. There was no representation for the hearing. Barbara Brennessel moved to continue indefinitely; seconded by Leon Shreves. VOTE: Leon Shreves aye; Barbara Brennessel aye; Ben Fairbank aye; Michael Fisher aye; and Marty Murphy aye. 5-0.
Ben-Zvi, 53 E Street, Map 40, Parcel 36, RDA, Repair rot in timber walls. Remove and replace decking. Rebuild shower house. Remove 2 trees Dave Ortolani represented the applicant and provided details of the project. All work will be performed by hand. The decking will be placed on diamond piers. They propose that the outdoor shower building will remain the same size. The Commissioners were concerned that the deck will be 150 square feet larger. Further, the propane tank is currently located inside the shower housing. Dave stated it has to remain in that location, but they might make it be outside the shower room. It was noted there is a pile of bricks within the 50’ buffer zone as well as debris on the property which the Commission would like to have cleaned up. Michael Fisher disclosed: I am a Trustee of the Wellfleet Conservation Trust, a 501 (c) non-profit organization which is not a business organization, and the Wellfleet Conservation Trust has an interest that will be affected when I perform my official duties with regard to this application. Taking into account the facts that I have disclosed above, I feel that I can perform my official duties objectively and fairly. Michael Fisher recommended the shower be reduced in size and have the propane tank located outside the enclosure and that new shower has to have a nitrogen removal system utilizing wood chips; the applicant agreed. There is a pipe evidently being used for drainage within the Buffer Zone, which should be removed. The Commission will vote for an approval on the Conditions that the total amount of disturbance be identified on a new site plan; the shower have a nitrogen removal system; the propane tank be located outside the shower housing; and the debris cleaned up.
Michael Fisher identified the RDA as a Negative 3 with these Conditions; seconded by Barbara Brennessel. VOTE: Leon Shreves aye; Barbara Brennessel aye; Ben Fairbank aye; Michael Fisher aye; and Marty Murphy aye. 5-0.
Shannon & Reichard, 55 Main St., Map 15, Parcel 13, RDA, remove 3 black locust and trim 1 black locust. Mr. Shannon stated that the trees are rotten, and that Jeremy Young will perform the work. The first one towers over the house. The second and third trees could fall either in the road or in their driveway. The final tree has a woodpecker nest hole, and the tree has rot above that, but they will trim the tree so as to maintain the nest. Michael Fisher identified the RDA as a Negative 2 with the condition 3 trees be planted for mitigation; seconded by Leon Shreves. VOTE: Leon Shreves aye; Barbara Brennessel aye; Ben Fairbank aye; Michael Fisher aye; and Marty Murphy aye. 5-0.
Taylor Mgmt, 165 3rd St., Map 40, Parcel 104, RDA, Install 2 sheds. There was no one representing the applicant and the Commissioners have important questions about this project. Barbara Brennessel stated she is concerned with the location of the proposed sheds in terms of the WPA. Leon Shreves moved to continue to January 19, 2022; seconded by Michael Fisher. VOTE: Leon Shreves aye; Barbara Brennessel aye; Ben Fairbank aye; Michael Fisher aye; and Marty Murphy aye. 5-0
Sterling, 36 Marsh End, Map 8, Parcel 264, RDA, replace 1st and 2nd floor windows, paint trim, reinforce cantilevered overhangs, post will sit on top of poured concrete footing. No one represented the applicant. Barbara Brennessel concerned about what will be underneath the overhangs, which are within the buffer zone. Agent Greenberg-Lemos stated she feels this could be voted on with the Conditions there be no storage, hardeners, etc. beneath the overhangs and that the area be left natural and undisturbed. Michael Fisher disclosed that the Wellfleet Conservation Trust is an abutter and stated: I am a Trustee of the Wellfleet Conservation Trust, a 501 (c) non-profit organization which is not a business organization, and the Wellfleet Conservation Trust has an interest that will be affected when I perform my official duties with regard to this application. Taking into account the facts that I have disclosed above, I feel that I can perform my official duties objectively and fairly. Leon Shreves identified the RDA as a Negative 3; seconded by Marty Murphy. Agent will supervise. VOTE: Leon Shreves aye; Barbara Brennessel aye; Ben Fairbank aye; Michael Fisher aye; and Marty Murphy aye. 5-0.
Leon Shreves moved to adjourn at 6:12 pm; seconded by Michael Fisher. VOTE: Leon Shreves aye; Barbara Brennessel aye; Ben Fairbank aye; Michael Fisher aye; and Marty Murphy aye. 5-0.
Respectfully submitted,
Christine Bates, Committee Secretary
Documents:
Barker: Cassano Request for Certificate of Compliance
Nozar: Request for Determination of Applicability and back up materials
Ward: Request for Determination of Applicability and back up materials
Fang: Request for Determination of Applicability and back up materials
Ben-Zyi: Request for Determination of Applicability and back up materials
Shannon and Reichard: Request for Determination of Applicability and back up materials
Taylor Management: Request for Determination of Applicability and back up materials
Sterling: Request for Determination of Applicability and back up materials