Approved Conservation Commission Mtg Mins

Meeting date:

Wednesday, March 2, 2022

Approved

Conservation Commission

Meeting Minutes

March 2, 2022

Remote Meeting

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

4:00 pm Business Meeting

Mail / Discussion

Jurisdictional Opinions

McGregor Hay 265 Commercial St, Map 21 parcel 113, rebuild existing stairs in the exact footprint and replace siding on the same elevation where they connect to the building. Barbara Brennessel moved to approve the Jurisdictional Opinion; seconded by Michael Fisher; VOTE: Leon Shreves aye; Michael Fisher aye; Marty Murphy aye; and Barbara Brennessel aye. 4-0. (Ben Fairbank and John Cumbler had not entered the meeting as yet.)

Bartlett, 50 Steele Road, Map 4 parcel 33, trim 3 pine trees damaged by storm with broken hanging branches. Barbara Brennessel moved to approve the Jurisdictional Opinion; seconded by Michael Fisher. VOTE: Leon Shreves aye; Marty Murphy aye; Ben Fairbank aye; Michael Fisher aye; and Barbara Brennessel aye. 5-0. (John Cumbler had not entered the meeting as yet.)

Agent Greenberg-Lemos reported John Riehl will be coming to the next business meeting to discuss NRAB pond projects.

Hillary Greenberg Lemos reported she had distributed Greg Berman’s report on 374, 376, and 400 King Phillip Rd.

Meeting Minutes: Leon Shreves moved to approve the amended February 2, 2022 meeting minutes; seconded by Michael Fisher.VOTE:John Cumbler did not attend that meeting, so he abstained.Leon Shreves aye; Ben Fairbank aye; Barbara Brennessel aye; Michael Fisher aye; Marty Murphy aye.5-0-1. Leon Shreves moved to approve the amended Feb. 16, 2022 meeting minutes; seconded by Marty Murphy. VOTE:Leon Shreves aye; Marty Murphy aye; Barbara Brennessel aye; Michael Fisher aye; Ben Fairbank aye; and John Cumbler aye. 6-0.

Marty Murphy stated that he will be out of town for the March 16 meeting and is uncertain about his internet connection.

Agent Greenberg-Lemos stated that she would like to readdress the draft by-laws and regulations in a special work session in April.

The Herring River application has not been submitted as yet.

COVID update: Wellfleet reported no cases in the past 2 weeks. Hospitalizations metric is low as of 2/28/22: Cape Cod Hospital had 4 beds occupied with one in ICU and Falmouth Hospital had 7 beds occupied.

Agent Greenberg-Lemos had a discussion regarding forming a group of shell fishermen to discuss climate change and how it affects the different areas in Wellfleet.

It was reported that there has been some tree cutting near 50 Main Street. Agent Greenberg-Lemos will make a site visit.

Agent Greenberg-Lemos will also make a site visit to the MA Audubon property at Map 41, Parcel 182.

Leon Shreves moved to adjourn the business meeting at 4:25; seconded by Michael Fisher. VOTE:Leon Shreves aye; Marty Murphy aye; Barbara Brennessel aye; Michael Fisher aye; Ben Fairbank aye; and John Cumbler aye.6-0.

5:00 - Public Hearings:

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

Town of Wellfleet, 255 Commercial Street, Map 21, Parcel 114, NOI, remove existing fuel tanks and replace with up-to-date, double walled tank, divided for gasoline and diesel, with new dispensing pumps for the safety of the harbor and the public. Dan Robbins, GEI project engineer, provided an overview of the project. The current gasoline and diesel tanks are over 35 years old and must be replaced. The current fuel lines run out to the floating dock. The new fuel line will run along the bulkhead. There will be a municipal fueling dispenser added so the town vehicles can use fuel without having to drive to Eastham. The biggest potential for a spill is from a dispenser nozzle. There will be a containing pad under the dispensers as a protective barrier. The limit of work will run along the shellfish building and harbor master’s area. Silt fencing and hay bales will be used to protect the work area. Sensors will be located under the tank and between its double walls, with a monitoring system in the shellfish building. The old tanks will be drained. Dry sheeting will be used when the old tanks are removed; if there is any leaking, it will be cleaned immediately. The work will be performed after November 1, 2022. This will be an above ground system. The gas amount will go up from 6,000 gallons to 11,000 gallons; the trucks that deliver the gas typically carry 10,000 gallons. William Sullivan, Harbormaster, stated that there are several fishing boats that use diesel. A commercial fishing boat can hold 300 to 350 gallons, so the diesel capacity will remain the same, 4,000 gallons. John Cumbler moved to approve the NOI; seconded by Marty Murphy. VOTE: Leon Shreves aye; Marty Murphy aye; Barbara Brennessel aye; Michael Fisher aye; Ben Fairbank aye; and John Cumbler aye. 6-0. Supervisor: Agent

Town of Wellfleet, 140 School House Rd., Map 9, Parcel 637, Gull Pond Public Landing, RDA, remove stairs, stabilize bank and revegetate. Suzanne Thomas stated that the stairs were built for Jack’s Boat Rental years ago and they are no longer safe and the drop from the bottom step has increased by almost 20”. The stairs will be removed, and the bank stabilized and revegetated. Barbara Brennessel stated that people are using social paths and she would like to see these paths revegetated and blocked off. She stated that the use of the current jersey barriers is creating erosion and she would like to see large boulders replace them. Suzanne Thomas will put a plan in place for maintenance by DPW and AmeriCorps. Leon Shreves identified the RDA as a Negative 2; seconded by Michael Fisher. VOTE: Leon Shreves aye; Marty Murphy aye; Barbara Brennessel aye; Michael Fisher aye; Ben Fairbank 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. Suzanne Thomas reported the Selectboard voted to replace the stairs. There was discussion regarding the type of fencing to be used. It will not be chain link but rather will be similar in material to the fencing currently around the community garden. It will be about 4 ½ feet high. The Commission recommended using wood chips to replace gravel on the pathway, which Ms. Thomas agreed to do. Ms. Thomas stated that there are new rules for people conducting businesses at the site (like yoga classes, etc.) and these will have to come to an agreement with the town before using the site. Leon Shreves identified the RDA as a Negative 2; seconded by John Cumbler. VOTE: Leon Shreves aye; Marty Murphy aye; Barbara Brennessel aye; Michael Fisher aye; Ben Fairbank 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. Agent Greenberg-Lemos stated that a site visit was made and the project is in compliance. Barbara Brennessel moved to approve the Certificate of Compliance; seconded by Leon Shreves. VOTE: Leon Shreves aye; Marty Murphy aye; Barbara Brennessel aye; Michael Fisher aye; Ben Fairbank aye; and John Cumbler aye. 6-0.

Ross, 945 Chequessett Neck Rd., Map 19, Parcel 98, Request for 2-year extension. Paul Shea represented the applicant and stated that the main work was completed. A Condition on this NOI is that they perform elevation monitoring, and they also want to complete the grouting within the sea wall. Leon Shreves pointed out that due to COVID, the Order of Conditions are automatically extended for 440 days, and thus this one will still be valid up to the summer of 2023. Agent Greenberg-Lemos will send a letter affirming this extension to the applicant. The applicant then withdrew the application.

MA Audubon, Map 41, Parcel 182, RDA, fill road with 2” sand at east and end of Lt. Island Road causeway. At the request of the applicant, Leon Shreves moved to continue to March 16, 2022; seconded by Michael Fisher. VOTE: Leon Shreves aye; Marty Murphy aye; Barbara Brennessel aye; Michael Fisher aye; Ben Fairbank aye; and John Cumbler aye. 6-0.

Parsons, 130 Sandpiper Hill Rd., Map 22, Parcel 10, RDA, replace deck in same location. A site visit was made by the Commissioners. There was no representation for the applicant from Nickerson Home Improvement. Leon Shreves moved to continue to 3/16/22; seconded by Marty Murphy. VOTE: Leon Shreves aye; Marty Murphy aye; Barbara Brennessel aye; Michael Fisher aye; Ben Fairbank aye; and John Cumbler aye. 6-0.

Coates, 10 1st Ave, Map 30, Parcel 120, RDA, add a studio above garage (Cont’d). Ron Slowek represented the applicant and stated that they had reduced the total disturbance to 4,949 square feet. He also reported the owners will update their septic system to an I/A. John Cumbler told Mr. Slowek the town has subsidy available for enhanced I/A systems and Mr. Slowek will advise the applicant of that. John Cumbler identified this as a Negative 3; seconded by Michael Fisher. VOTE: Leon Shreves aye; Marty Murphy aye; Barbara Brennessel aye; Michael Fisher aye; Ben Fairbank 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. Michael Giaimo represented the Pragers. Mark Burgess and Seth Wilkinson continued the presentation along with the joint Mordecai project. Members of the Commission reviewed Greg Berman’s report on these sites. The modified revetment, drift fence, and living shoreline of high-density fiber rolls with lower density fiber rolls on top will create a high marsh. Nancy Civetti wanted to be reassured the sand that will used for renourishment will be compatible with the native sand there. This is one of the Conditions placed on the NOI approval. Leon Shreves moved to approve the NOI; seconded by Marty Murphy. VOTE: Leon Shreves aye; Marty Murphy aye; Barbara Brennessel aye; Michael Fisher aye; Ben Fairbank aye; and John Cumbler aye. 6-0.

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

Mark Burgess and Seth Wilkinson represented the applicant.The main concern was adding additional rocks to the revetment.Burgess stated that the drift fence is allowed in the Chapter 91 license. Wilkinson stated that that planting in the fiber rolls seams is appropriate for plant colonization.The layer of high density netting in the design of the rolls is not biodegradable, but this prevents the rolls from being dislodged from the site. He stated that the fiber rolls do sometimes harden up during the especially cold weather, but do not redirect wave turbulence as wood or rocks do.Burgess stated that it is important to get Phase I of the revetment work performed now due to time of year constraints.The second phase of the project, the living shoreline, will start later, respecting time of year constraints.Burgess stated that they want to follow up with Natural Heritage for the monitoring schedule.Explanations of the extension of the Mordecai revetment was provided for Shellfish Warden Nancy Civetta.Ann Sobelewski explained how the curve of the revetment will go into the coastal bank.The annual sand renourishment volume will be 200 sq. ft.Leon Shreves moved to approve the NOI with Conditions; seconded by Marty Murphy. VOTE:Leon Shreves aye; Marty Murphy aye; Barbara Brennessel aye; Michael Fisher aye; Ben Fairbank aye; and John Cumbler aye.6-0.

Leon Shreves moved to adjourn the meeting at 6:15 pm; seconded Michael Fisher.VOTE:Leon Shreves aye; Marty Murphy aye; Barbara Brennessel aye; Michael Fisher aye; Ben Fairbank aye; and John Cumbler aye.6-0.

Respectfully submitted,

Christine Bates, Committee Secretary

Greg Berman Report

Town of Wellfleet – Notice of Intent with backup

Town of Wellfleet – RDA and backup

Williams i- Request for Certificate of Compliance

Ross: Request for 2 year extension

MA Audubon – no new paperwork

Parsons – RDA and back up

Coates – new paperwork to be submitted

Prager – documents and photographs

Mordecai – documents and photographs