Approved Conservation Commission Mtg Mins

Meeting date:

Wednesday, February 16, 2022

Approved

Conservation Commission

Meeting Minutes

February 16, 2022

Remote Meeting

Attendees: Chair Leon Shreves, Clerk Michael Fisher, Ben Fairbank, Marty Murphy, John Cumbler, Agent Hillary Greenberg-Lemos, and Christine Bates, Committee Secretary.

4:00 pm Business Meeting

Mail / Discussion

No mail

Jurisdictional Opinions:

180 Bayberry – a tree is leaning dangerously which is a safety issue for people walking in the area. The applicant wants to cut down the limbs hanging on another tree and leave the trunk and branches there. The Wellfleet Conservation Trust has a conservation restriction on this property but finds that cutting down this tree and leaving the pieces there does not violate this conservation restriction. John Cumbler moved to approve the Jurisdictional Opinion; seconded by Marty Murphy. Michael Fisher recused. VOTE: Michael Fisher recused; John Cumbler aye; Leon Shreves aye; Marty Murphy aye; and Ben Fairbank aye. 4-0-1.

194 Old Wharf Rd for Olsen and Estey, remove two pines, one located at rear of house which could fall on house porch, and other pine near the front door which is dead and crowding out other trees. Leon Shreves moved to approve the Jurisdictional Opinion with three native shrubs planted in mitigation; seconded Michael Fisher. VOTE: Leon Shreves aye; Marty Murphy aye; Ben Fairbank aye; Michael Fisher aye; and John Cumbler aye. 5-0.

Meeting Minutes Leon Shreves will act as co-editor of the meeting minutes until Barbara Brennessel returns from vacation. The 02/02/22 meeting minutes will be addressed at the next meeting.

Greg Berman will put together a list of issues and recommendations for 1440 Chequessett Neck Rd. A site visit was made and the bank is retreating on both sides due to flank/end scour, creating an island or peninsula effect. The fiber rolls have hardened due to freezing and are acting as a hard revetment. Renovations will have to be made since the rolls are beginning to decompose in places. It appears the decking and hot tub are nearly hanging over the bank. The north side has more erosion of the bank onto the abutter’s property. John Cumbler stated that often soft solutions sound good but do not actually change the dynamics of the problem with the bank retreating. Agent Greenberg-Lemos will share information she receives from Greg Berman and get in touch with the new owners of the property.

Agent Greenberg-Lemos reported she issued emergency certifications for 132 Cliff Road and 146 Rockwell Avenue. Cliff Road is almost gone. Boehringer removed his septic system since 15 feet of erosion occurred from the last storm. The house has been moved back further. Two roads will be made to replace Cliff Road.

Agent Greenberg reported low lying roads are being worked on with Municipal Vulnerability grant money.

Leon Shreves moved to adjourn business meeting at 4:25 pm; seconded by Michael Fisher. VOTE: Leon Shreves aye; Marty Murphy aye; Ben Fairbank aye; Michael Fisher aye; and John Cumbler aye. 5-0.

5:00 - Public Hearings:

In attendance: Chair Leon Shreves, Clerk Michael Fisher, Marty Murphy, Ben Fairbank, Barbara Brennessel, 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. Leon Shreves moved to continue to 03/02/22; seconded by Michael Fisher. Leon Shreves aye; Marty Murphy aye; Ben Fairbank aye; Michael Fisher aye; Barbara Brennessel aye; and 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. Leon Shreves moved to continue to 3/2 22; seconded by Michael Fisher. Leon Shreves aye; Marty Murphy aye; Ben Fairbank aye; Michael Fisher aye; Barbara Brennessel aye; and John Cumbler aye. 6-0.

Williams, 64 Gull Pond Rd., Map 8, Parcel 25, NOI, install gravel driveway and drainage trenches. Request for Certificate of Compliance. Leon moved to continue to 3/2/22; seconded by Marty Murphy. Leon Shreves aye; Marty Murphy aye; Ben Fairbank aye; Michael Fisher aye; Barbara Brennessel aye; and John Cumbler aye. 6-0

Coates, 10 1st Ave, Map 30, Parcel 120, RDA, add a studio above garage (Cont’d). A site visit was made. Ron Slowek represented the applicant and presented site plan. The staging area will be in the driveway and storage of materials will be in the garage. The addition will be 10’ x 22’ totaling 95 square feet additional disturbance. It will be built on four piers with nothing touching the ground except the piers. The ground cover is currently pine needles, which will be restored. There will be no fill added or removed. Once the piers are dug and set, back filling can be done at the same time. The construction is entirely in the 100’ buffer zone with no work in the 50’ filter strip.

There will be a sewer hookup running from the new studios. According to the Board of Health, the current septic can handle the additional discharges. There will also be an electrical hookup, with this trench approximately 3 or 4 inches under the surface. There will be a dumpster for debris located in the driveway area. John Cumbler stated this is adding a living space over the garage and the addition 95 square feet is within the 100’ buffer zone. He would like to see an enhanced I/A septic replacement as mitigation, and also reduction in the hardscape to reduce the total amount of disturbance on the property. This applicant had already received permission for an addition to the house in 2017. The Commission requested a site plan identifying the total disturbance on the property. After reviewing the hardscape and buildings, it was determined there will be 6,166 square feet which is much beyond the Conservation bylaw and regulation maximums. Mr. Slowek requested time to have a discussion with the applicant. Leon Shreves moved to continue to 03/02/22, advising the applicant that we want to see less disturbance as well as plans and location of a new enhanced I/A septic system; seconded by Michael Fisher. VOTE: Leon Shreves aye; Marty Murphy aye; Ben Fairbank aye; Barbara Brennessel aye; Michael Fisher aye; and John Cumbler aye. 6-0.

Prager, 376 & 400 King Phillip Road, Map 35, Parcels 184 and 185, NOI, living shoreline and bank stabilization. Mark Burgess represented this applicant as well as the Mordacai applicant and would like to make a joint presentation to the Commission since the project extends over both properties. A site visit was made. Mark Burgess provided a history of the properties and discussed both Phase I, which would extend the existing Mordicai revetment 15’ into the Prager property with fiber rolls and plantings beyond that, and Phase II, which would extend fiber rolls on the Prager property and additional 35’ with additional plantings. The new revetment will taper up and into the bank, with the toe stones parallel at the bottom. Seth Wilkinson identified the area’s marshes and the proposed fiber arrays, anchors, steel cables, and planting of American grass and other native vegetation, with annual sand renourishment. The application stated that the site is very similar to a successful Lt. Island installation of this type. The letters for both projects from NHESP were reviewed with their recommended conditions regarding time of year for the renourishment. The latest NHESP letter for Mordicai is dated November 19, 2021. Barbara Brennessel stated she likes the living shoreline approach and questioned if the revetment will be reconstructed using the same number of rocks. She stated this is a terrapin nesting area and used to have piping plover nests as well. She stated that the Lt. Island site is different in that it does not have any shellfishing in front of it. She added that shellfishermen are concerned with sand renourishment at this location. Mark Burgess stated there will be some additional stones in the revetment as proposed. John Cumbler stated he is also not happy with additional rocks. Burgess replied our regulations allow additional rocks. He added that the erosion of the top of the bank has brought it very close to a deck that the owners want to protect. The Wilkinson Work Protocol was lacking the last page, which will be forwarded to the Commission. The Prager’s want to monitor Phase I before beginning Phase II, but they want the Commission approve both phases now. The applicant stated that ¼” steel cables will be holding the fiber rolls to the anchors. There is an additional existing rock formation nearby, away from the beach, which was built over 40 years ago and apparently served as a revetment for a private property at that time. Burgess thinks it is acting as a wave break and is not doing harm. The Commission advised Burgess that Greg Berman will be providing some input to these applications. Leon Shreves explained the Commission is looking at everything including the shellfishing, erosion, hardscapes, habitat, etc. Cumbler pointed out that the Mordicai house is pre-1978 which would allow additional rocks but the Prager house is post-1978 so that it does not have the right to add additional rocks. Burgess stated they have been putting 400 yds of nourishment annually on the beach and with this project, they will be placing less sand annually. Agent Greenberg-Lemos questioned if this whole system would survive better if the living shoreline were extended to soften the curve without an extended rock revetment. Mark Burgess replied one of the benefits of this design is the rocks which will be an even transition with the fiber rolls. Seth Wilkinson replied they use a fiber roll cover blanket to establish growing plants which has not had problems with wind erosion. Burgess stated the State is considered an abutter and will be notified of the work. The Commission would like to know the erosion rate at this site in order to calculate the amount of sand renourishment for the revetment and fiber rolls. The applicants should also provide more specific information regarding the timeline for nourishment, sand amount, actions following storms, concerns for shellfish, access to the site for equipment, and a more detailed monitoring plan. Burgess will provide separate sand renourishment volume numbers from NHESP. Ann Sobolewski questioned the amount of sand, and the applicant’s plans if the fiber rolls are not covered. Grant holder Curtis Graham stated it is getting shallower in this area. He stopped farming clams as a result and now only farms oysters. Shellfish Warden Nancy Civetti stated that when erosion happens over a natural timeframe, it is not as much an impact as the dumping of renourishment sand. She suggested renourishing over time as well as not renourishing during astronomically high tides in order to lessen impact to the shellfishermen. Burgess will go back NHESP to get more information regarding renourishing amounts because their letter stated 400 yards at one time. Leon Shreves moved to continue to 03/02/22; seconded by Barbara Brennessel. Vote: Leon Shreves aye; Barbara Brennessel aye; Marty Murphy aye; Ben Fairbank aye; Michael Fisher aye; and John Cumbler aye. 6-0.

Mordacai, 374 King Phillip Rd., Map 35, Parcel 182, NOI, Install a living shoreline (Cont’d)

Refer to Prager meeting minutes as Prager and Mordacai were heard at the same time. Leon Shreves moved to continue to 03/02/22; seconded by Michael Fisher. Vote: Leon Shreves aye; Marty Murphy aye; Ben Fairbank aye; Michael Fisher aye; Barbara Brennessel aye; and John Cumbler aye. 6-0.

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

Respectfully submitted,

Christine Bates, Committee Secretary.

Documents:

Town of Wellfleet – Letter from Suzanne Thomas

Williams – Request for Certificate of Compliance

Coates – Request for Determination of Applicability and back-up material

Prager – NOI with backup materials

Mordacai – NOI with backup materials.