Approved Conservation Commission Mtg Mins

Meeting date:

Wednesday, August 17, 2022

Approved

Wellfleet Conservation Commission

August 17, 2022

Hybrid Meeting, Wellfleet COA, 715 Old Kings Highway

In attendance: Chair Leon Shreves, Clerk Michael Fisher, Ben Fairbank, and Marty Murphy

Regrets: Barbara Brennessel and John Cumbler

4:00 pm

Business Meeting

Chair Leon Shreves opened the Business Meeting

Seth Wilkinson: 1440 Chequessett Neck Rd., Map 18, Parcel 7, would like to perform sand renourishment again. He stated that the erosion has largely been stopped and he anticipates that the current coir envelopes will last until next spring. There are new owners of the property. The stairs are not in place. Leon Shreves moved to allow the beach nourishment; seconded by Marty. Vote: Michael Fisher aye; Marty Murphy aye; Leon Shreves aye; and Ben Fairbank aye. 4-0. Mr. Wilkinson agreed that silt fencing will be placed along the harbor side of Chequessett Neck Rd. where workers have been driving over the vegetation.

Jurisdictional Opinion: Kielb, 3187 State Hwy, Map 13, Parcel 69: Removal of two invasive and falling black locust trees. Agent Greenberg-Lemos stated that the trees need to be removed. The work will be performed by an arborist. For mitigation, he will plant two native dogwood trees. Leon Shreves moved to approve the Jurisdictional Opinion; seconded by Marty Murphy. VOTE: Leon Shreves aye; Ben Fairbank aye; Michael Fisher aye; Marty Murphy aye. 4-0.

Meeting Minutes

Leon Shreves moved to approve the amended August 3, 2022 meeting minutes; seconded by Marty Murphy. VOTE: Leon Shreves aye; Ben Fairbank aye; Michael Fisher aye; Marty Murphy aye. 4-0.

Agent Greenberg-Lemos reported that boats were still being left on the beaches and coastal vegetation and she has sent out e-mails to violators and the boats will be stickered. People are responding and seem to be increasingly in compliance. Some of the boats have been removed. There are two boat rental companies operating in Wellfleet and the Agent has been in communication with them about the rules for vessel storage on the coasts.

35 Way 60, Map 19, Parcel 14. The Agent reported that there is now the required silt fence in place and the debris has been removed.

Dock at 101 Commercial St. (Boriskin) Map 21, Parcel 127, it appears to be a floating structure that apparently predates the WPA. When the structure is no longer usable, it cannot be replaced.

The Agent observed that the tent at CYCC has been taken down.

Board of Health meeting on enhanced I/A system regulations was held last week. Agent Greenberg-Lemos stated that the meeting went well. People are responding well to the proposals which not been approved as yet. But by January this proposal may become a Regulation.

Leon Shreves moved to adjourn the business meeting at 4:50 pm; Seconded by Marty Murphy. Marty Murphy aye; Michael Fisher aye; Ben Fairbank aye; and Leon Shreves aye. 4-0.

5:00 pm Public Hearings:

Chair Leon Shreves opened the Public Hearing.

Boehringer, 164 Cliff Rd., Map 24, Parcel 100, Certificate of Compliance. Mr. Boehringer stated that he had supplied photographs and the as-built conditions on the property. The only thing lacking in order to issue the Certificate of Compliance is the requested letter from Ryder and Wilcox about the down spout drainage. There was discussion regarding the stairway at the end of the road; the contractor should have known better than to cut through the coastal bank when installing the stairs. Marty Murphy stated that the stairs are dangerous. Mr. Boehringer questioned if the original planting plan is acceptable. The Commission recommended Red Cedar and White Pine for next spring planting. Leon Shreves moved to continue to 9/21/22; seconded by Michael Fisher. VOTE: Marty Murphy aye; Michael Fisher aye; Ben Fairbank aye; and Leon Shreves aye. 4-0.

Lanfranchi, 30 First Ave., Map 30, Parcel 123, NOI, Construct 60’ x 4’ wood beach access stairway. Roy Okurowski represented the applicant. Leon Shreves stated that the area was not staked out for the site visit. In the application, the word “dock” should be replaced with “stair.” The stairs will be built using a small hand auger, according to regulations. There is at least one tree that will have to removed. Mr. Lanfranchi stated that there will be revegetation of any disturbed areas, probably planting beach grass. This area is not a high velocity zone. There were no letters received from abutters. Leon Shreves moved to approve the NOI; seconded by Michael Fisher with the Condition that the bottom section of stairway be etched with name and address. VOTE: Marty Murphy aye; Leon Shreves aye; Michael Fisher aye; and Ben Fairbank aye. 4-0. Supervisor: Marty Murphy.

Duck Creek Development, 20 Village Lane, Map 47, Parcel 1, Construction of single family dwelling, addition/alterations to an existing building into a two bedroom house, construct two sheds, septic upgrade, and removal of invasives. Stephanie Sequin represented the applicant and provided an overview of the application. Building elevations, foundation plans, and lot coverage figures were now provided to the Commission. She identified all changes to the footprints. There will be a net increase of 2,083 square feet for the 50’ to 100’ zone which includes the hardscape. There will be a total of 5,921 sq. ft of disturbed area within the 200’ riverfront. Mitigation on the landscaping plan is 14,955 sq. ft., making a 2½ to 1 ratio. Theresa Sprauge stated that they will replace any harmed current native trees with new native trees. Roland Letendre stated that they will replace the wood in the ceiling area of the one dwelling. The deck within the 50’ buffer zone is 12 x 14 will be cantilevered. The existing timber wall will stay as is. Marty Murphy stated that the property requires rehabilitation. Marty Murphy moved to approve the NOI; Seconded by Leon Shreves with the Condition that there be no storage under the cantilevered deck. VOTE: Leon Shreves aye; Marty Murphy aye; Ben Fairbank aye; and Michael Fisher aye. 4-0 Supervisor: Agent

Ingram, 15 Pine Point Rd., Map 21, Parcel 41: Request for Certificate of Compliance. Gordon Peabody represented the applicant. Leon Shreves moved to approve the Certificate of Compliance; seconded by Ben Fairbank. VOTE: Leon Shreves aye; Ben Fairbank aye; Michael Fisher aye; and Marty Murphy aye. 4-0.

Miller, 246 King Phillip Rd., Map 34, Parcel 12, RDA, remove dead trees and plant bare areas with native vegetation. A site visit was made by the Commission. Gordon Peabody represented the applicant and he stated that many of the trees are stressed and some of the trees had died and will topple. The Commissioners asked if there were a grass fire at the top of the bank since the area is disturbed. Mr. Peabody stated that he was not aware of any fire. Work will be performed horizontally from the stairway. Marty Murphy identified the RDA as a Negative 2; seconded by Leon Shreves. VOTE: Marty Murphy aye; Ben Fairbank aye; Michael Fisher aye; and Leon Shreves aye. 4-0.

Giotto, 344 King Phillip Rd., Map 35, Parcel 178, NOI, reconstruct rock revetment and access stairway with improvements including planting areas. Don Monroe represented the applicant and stated that the current revetment is in its final stages from his engineer’s perspective. The revetment was built in the late 1980’s and the filter cloth has degraded and is not holding the sediment, and this has resulted in the slumping of the revetment. The FEMA height has changed to an elevation 18. They are proposing to build to elevation to 20. Don Monroe stated that fiber rolls would not work on top of the revetment since water would get behind the revetment and cause erosion. Photographs of a revetment in a similar location on Old Wharf Road which had fiber rolls located above the rocks showed adverse effects. The new revetment will help salvage most of the current vegetation on the coastal bank. Photographs were displayed identifying run-off, poor vegetation, and the revetment lowered and not interlocked. In the new revetment, most of the toe will not be moved seaward. The contractor will take the existing structure apart and put the rocks behind it to protect him from high water and will regrade the bank, remove the old filter cloth, and lay out the new filter cloth, using double the layer for a longer life span. They will need to get a Chapter 91 approval. Don Monroe identified the area where the abutter’s revetment will meet this revetment and there will be tapering back and the area will be well planted after the construction. The stairway also requires replacement. Marty Murphy stated the stairway is dangerous and Don Monroe described the new construction. There will be a drywell across the top to eliminate run off. The owners agreed that the outdoor shower should have a wood chip dry well put underneath to stop the nitrogen runoff. Charles Wentz from Ponderosa Landscaping stated that they are going to install stone steps in the path every 10 to 15 feet to reduce the water flow. There will be some vegetation added along the edge of the path, especially where it is barren. There will be 261 plants all together. Mr. Monroe was not aware if there has been any beach nourishment. Ms. Brandt stated that they have owned the property since 2008 and there has not been any beach nourishment. Agent Greenberg-Lemos would like to see more plantings up higher on the bank. Agent Greenberg-Lemos stated that she doesn’t feel all the resource areas are identified and labelled on the plans, and questioned whether there is salt marsh in front. The Commission wants to discuss the revetment reconstruction and any sand renourishment mitigation requirement with the Shellfish Warden. Access for construction will be from Omaha Beach Road, part of which the town owns. The Selectboard has a fee structure in place for the use of Town property and so the applicants will need permission to traverse that road and to pay the fee. The access route also needs to be available for the shell fishermen. The applicants need to file with MEPA. The Agent recommended leaving this file open until after the approvals from Chapter 91 and MEPA since there may be changes and Don Monroe agreed. A letter from DMF was received identifying the species in the area and the required timeline for work to be performed. Leon Shreves moved to continue to until Sept. 21, 2022; Seconded by Marty Murphy. VOTE: Marty Murphy aye; Leon Shreves aye; Ben Fairbank aye; and Michael Fisher aye. 4-0.

Leon Shreves moved to adjourn the meeting at 7:00 pm; seconded by Marty Murphy. VOTE: Michael Fisher aye; Leon Shreves aye; Marty Murphy aye; and Ben Fairbank aye. 4-0.

Respectfully submitted

Christine Bates, Committee Secretary

Documents:

Boehringer: photographs

Lanfranchi: NOI application and back up materials

Duck Creek Development: new plans

Ingram: Request for Certificate of Compliance

Miller: RDA and back up materials

Giotto: NOI and back up materials