Approved Conservation Commission Mtg Mins
Approved
Conservation Commission
Meeting Minutes
January 19, 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
Gordon Peabody of Safe Harbor Environmental: Nourishment on 246 King Phillip Rd., Map 34, Parcel 12. Peabody stated Mr. Miller, the owner, was upset with the amount of nourishment (400 cubic yards) that was required according to the March 12, 2021 Order of Conditions letter he received. The February 17, 2021 meeting of the Commission indicated that only 157 cubic yards would be required as a Condition. Peabody could not find any paperwork indicating why this nourishment was raised to more than double what neighbors were putting down for renourishment. He said that the established calculation is: height of revetment times length of shoreline times average rate of erosion at that site. But the 400 cubic yard calculation seems to be based on the formula: the total height of the bank times length of shoreline times average rate of erosion at that site. He also stated that the fetch for this property’s shoreline is relatively short. He referred to property in Truro for comparison, where a normal erosion event would be 1/3 of a cubic yard per foot of shoreline, even though those sites have a 20 mile fetch. He feels more sand may not be better in Mr. Miller’s case, given the sand migration onto shellfish grants. If you look at the satellite photographs, the sand goes to where the shellfishermen are and there are thousands of cages of oysters that are affected. He agreed that the revetment will require an annual sand renourishment but he requested a change in the amount of sand. Barbara Brennessel said we can’t make a comparison with Truro because they don’t have revetments. As discussed in previous meetings with Coastal Geologist Greg Berman, the shellfishermen can lift the gear for their oysters, which may be helpful in the long term as sea level rises, although that may in the short term also expose the oysters longer at low tides, with greater danger of vibrio. Barbara Brennessel continued that sand renourishment should occur during the winter months when the oysters have been removed. By some formulas in use, the height of the bank was what should determine the nourishment amount. Curtis Graham, a shellfishermen, stated the renourishment sand is not native sand, and it harms the dune grass growing in the area. Agent Greenberg-Lemos stated that Mr. Miller’s representative, using advice from Steve McKenna of Coastal Zone Management, had proposed the 400 cubic yards amount of sand. The Commission would like to see the actual numbers for the erosion of this beach, how it is affecting the shellfishmen’s grants, and how it is affecting the overall coastline. Because nourishment should occur during the current winter months, and so time is a factor, the Commission agreed on a waiver to allow 157 cubic yards of renourishment for this year and have Gordon Peabody monitor the area for six months.
Dennis Health Regulations: Agent Greenberg-Lemos will have the Board of Health review the Dennis regulations and then the Commission will in future review its provision for I/A systems.
Open Space Warrant Articles Michael Fisher shared the maps of the proposed parcels to be transferred from the Town to the care, custody, management, and control of the Commission. Barbara Brennessel moved to approve the Open Space Warrant Article to see if the Town will vote to transfer care, custody, management and control of two lots of Town owned land, viz. Map 30 Parcel 186 and Map 42 Parcel 137, from the Select Board to the Conservation Commission for purposes of open space conservation or to do or act anything thereon; seconded by Leon Shreves. VOTE: Barbara Brennessel aye; Ben Fairbank aye; Marty Murphy aye; 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 warrrant. Taking into account the facts that I have disclosed above, I feel that I can perform my official duties objectively and fairly. Michael Fisher then voted aye; and Leon Shreves aye. 5-0
Kathleen Walker and Andy Scherding from New England Endurance Events came to the meeting to discuss races for 2022. They stated they have approval from the Fire Chief, Beach Administrator, and Police Chief, as well as the National Seashore. They stated the Wellfleet Sprint Triathlon will start early in the morning on September 24, 2022. It will include a swim in Long Pond, starting at the parking lot landing. The other event will take place on June 4, 2022. It will be a triathlon with biking, running, and swimming. The race starts at Mayo Beach and proceeds by bike to Truro and Provincetown. The running section would start within the National Seashore. Then the swimmers enter the water near the Gull Pond sluice and swim to Gull Pond Parking lot. They then run to Great Pond and swim across Great Pond. There is a homeowner who has granted participants to use her property on Great Pond. Then, they run to Long Pond, with the final swim at Long Pond. Everything will be cleaned up and the areas left as found. Kathleen Walker stated the maximum amount of people for the Wellfleet Triathlon would be 125. Barbara Brennessel stated she does not want to see an increase in the number of participants since the environment could not support them.
Jurisdictional Opinions - none
Agent Greenberg-Lemos confirmed that Orders of Conditions are automatically extended out 440 days due to the pandemic.
Meeting Minutes: Leon Shreves moved to approve the January 5, 2022 amended meeting minutes; seconded by Marty Murphy. VOTE: Leon Shreves aye; Michael Fisher aye; Barbara Brennessel aye; Ben Fairbank aye; and Marty Murphy aye. 5-0.
Leon Shreves moved to close the Business Meeting at 4:52; seconded by Michael Fisher. VOTE: Leon Shreves aye; Michael Fisher aye; Barbara Brennessel aye; Ben Fairbank aye; and Marty Murphy aye. 5-0.
5:00 - Public Hearings: In attendance: Leon Shreves; Michael Fisher; Barbara Brennessel; Ben Fairbank; and Marty Murphy.
Town of Wellfleet Housing Authority, 120 Paine Hollow Rd., Map 29, Paracel 300, Request for 2-year extension to the NOI. Ted Malone and John O’Reilly requested a 2- year extension which includes the pandemic extension. The plan was recently revised due to an abutter appeal that had long been tied up in litigation and has been approved by the Zoning Board of Appeals. Barbara Brennessel moved to grant the 2-year extension; seconded by Marty Murphy. VOTE: Leon Shreves aye; Michael Fisher aye; Barbara Brennessel aye; Ben Fairbank aye; and Marty Murphy aye. 5-0.
Taylor Mgmt, 165 3rd St., Map 40, Parcel 104, RDA, install 2 sheds (Cont’d from 01/05/22).
The owner, Drew Taylor, stated they are moving from a larger home to a smaller home and they require storage. Michael Fisher concerned with having three sheds within the 50’ filter strip, with the proposed two new sheds totaling an additional 240 square feet of disturbance. Drew stated that a brush pile has been removed. The Commission requires the Conditions that a revised site plan be submitted identifying the total amount of disturbance on the property, that diamond piers be used for the sheds, and 3 cedar trees be planted for mitigation. Michael Fisher identified the RDA as a Negative 3; seconded by Barbara Brennessel with the state Conditions. VOTE: Leon Shreves aye; Michael Fisher aye; Barbara Brennessel aye; Ben Fairbank aye; and Marty Murphy aye. 5-0.
Kleeman, 170 Bayberry Lane, Map 41, Parcel 121, NOI, construct new dwelling. John O’Reilly and Ms. Kleeman presented the proposal. During a site visit by Commissioners, they noted the trees that will be removed for the solar array were not identified. O’Reilly stated the project will be diminished in size from a project approved about nine years ago by the Commission. O’Reilly stated the new building will be supported by footers and a typical foundation for storage and utilities. There are no significant grade changes except for the driveway. He identified the area where they would like the solar arrays but doesn’t have a realistic number of trees to be removed or replanting plan at this time. Ms. Kleeman agreed to install enhanced I/A septic technology. O’Reilly provided additional information regarding drip lines, permeable areas, etc. The Commission requested the site plan identify the total disturbance of the property as well as a planting plan. Agent Greenberg-Lemos read an unclear letter that said it was regarding Ring Road but which also referred to Bayberry Lane and bird activity in the marsh there. She was not sure if this letter was for this application. John Grieb, abutter, questioned the tree removal and expressed concern with grading due to the ravine but feels comfortable with the mitigation plans. O’Reilly had not heard from MESA as yet, so he requested a continuance to 02/02/22. Leon Shreves moved to continue to 02/02/22; seconded by Barbara Brennessel. Michael Fisher recused himself. VOTE: Leon Shreves aye; Barbara Brennessel aye; Ben Fairbank aye; and Marty Murphy aye. 4-0-1
Rosenbaum, 100 2nd Ave., Map 40, Parcel 136, AOC, replace 1st floor framing and a portion of the foundation. John O’Reilly and Mr. Rosenbaum presented the application. On March 3, 2021, they were granted an Order of Conditions for a 2nd floor. A new builder was hired and it was discovered the house required new framing and additional work on the foundation. But the revised plan would keep the dwelling within the approved footprint and there will be no change in the limit of work. Michael Fisher moved to approve the Amended Order of Conditions; seconded by Barbara Brennessel. VOTE: Leon Shreves aye; Michael Fisher aye; Barbara Brennessel aye; Ben Fairbank aye; and Marty Murphy aye. 5-0. Leon Shreves is the supervisor.
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. Cont’d from 01/05/22. Tyler Hale represented the applicant and stated the landscaping walls will be replaced. Michael Fisher pointed out this project is within the 50’ buffer zone. He identified 3 trees on the coastal bank that have been topped and are dead; the owner never received permission to trim or cut the trees which would be a major violation. The owners acquired this property in 2012. Mr. Hale will talk to the owners regarding mitigation for the apparent violation. He also needs to identify the 50 and 100 foot zones on the site plan. Leon Shreves moved to continue to 02/02/22; seconded by Michael Fisher. VOTE: Leon Shreves aye; Michael Fisher aye; Barbara Brennessel aye; Ben Fairbank aye; and Marty Murphy aye. 5-0.
Barbara Brennessel stated she would be on vacation during February. She reported that the beach stairs at Halloran, 1360 Chequessett Neck Rd., Map 18, Parcel 15, are hanging off the cliff since the sand underneath them has eroded away.
Leon Shreves moved to adjourn at 6:05; seconded by Barbara Brennessel. VOTE: Leon Shreves aye; Michael Fisher aye; Barbara Brennessel aye; Ben Fairbank aye; and Marty Murphy aye. 5-0.
Respectfully submitted,
Christine Bates, Committee Secretary
Documents
Town of Wellfleet Housing Authority: 2-year extension request
Taylor Mgmt: Request for Determination of Applicability and back up materials
Kleeman: Notice of Intent and back-up materials
Rosenbaum: Amendment to Order of Conditions – change in plans
Ward: Request for Determination of Applicability: new site plan