Approved Conservation Commission Mtg Mins

Meeting date:

Wednesday, February 15, 2023

Approved

Conservation Commission

February 15, 2023

Attendees: Chair Leon Shreves, Clerk Michael Fisher, Barbara Brennessel, John Cumbler, and Bob Stewart

Regrets: Ben Fairbank (for the Business Meeting) and Martin Murphy

4:00 pm

Business Meeting

Chair Leon Shreves opened the Business Meeting.

Mail / Discussion

Jurisdictional Opinion: Bob Boehringer, 10 Bay View Ave., Map 35, Parcel 33, coastal bank remediation. This project involves placing plantings and jute mats on approximately 50’ x 25’ feet of the the coastal bank to reduce erosion. This property is owned by the Wellfleet Conservation Trust but Boehringer’s property is being affected. The Wellfleet Conservation Trust supports the project. Agent Greenberg-Lemos advised that there will be no harm to the bank from this project. Michael Fisher recused himself due to his status as a Conservation Trust Trustee. Barbara Brennessel moved to approve the Jurisdictional Opinion; seconded by John Cumbler. Bob Stewart aye; Barbara Brennessel aye; Leon Shreves aye; and John Cumbler aye. 4-0.

Tom Siggia, Shellfish Advisory Board, began the discussion between his Shellfish Advisory Board and the Commission regarding renourishment sand moving onto shell fishing grants, in particular at Field Point. Mr. Siggia stated that sand is burying shellfish and that some shellfishermen have also noticed a decline in the number of turtles in the area. Agent Greenberg-Lemos stated the Commissioner’s need for information about the specific concerns and exact locations of the reportedly affected shellfish grants. Agent Greenberg-Lemos provided information regarding the State requirements for sand renourishment and the process by which the sand is placed. Mr. Siggia stated that there are competing interests and that Conservation requirements are different from the shellfish regulations. Barbara Brennessel stated that in some places there is a drastic change in the number of plovers because there is no sand for them to nest on. A lot of the migrating sand is from natural erosion, not from renourishment. There are time restrictions for renourishment to protect the endangered species in the area. Clams covered by sand can move sideways and vertically unless they are in frames. She also informed the Commission that terrapin activity is seasonal. She reported the terrapin population at Field Point is robust. Barbara Brennessel stated that since there is climate change, it is affecting the shellfishing, sand movement, and where shellfishermen can drive. She requested shellfishermen stay proactive and communicate with the Commission since it is trying to accommodate them. Each property with sand renourishment gets monitored. The Commission recommended that a site visit be made by members of the Commission and members of the Shellfish Advisory Board.

The Commissioners were asked to resubmit their paperwork for the Order of Conditions for the Town of Wellfleet pier fuel tank project.

Meeting Minutes

Due to a lack of a quorum of Commissioners eligible to vote, the draft meeting minutes of February 1, 2023 will be addressed at a later meeting.

4:50

Michael Fisher moved to adjourn the Business Meeting; second by Barbara Brennessel. VOTE: Leon Shreves aye; John Cumbler aye; Bob Stewart aye; Michael Fisher aye; and Barbara Brennessel aye. 5-0.

5:00 Public Hearings

Chair Leon Shreves opened the Public Hearings.

Commissioners in attendance: Leon Shreves, Barbara Brennessel, Michael Fisher, John Cumbler, Ben Fairbank, and Bob Stewart.

Cohn, 40 First Ave., Map 30, Parcel 124, NOI, Coastal Bank Stabilization and Native Planting (Cont’d from 01/18/23) Catrin Higgins reviewed the materials from previous meetings. Barbara Brennessel stated that the Commission had asked about the septic system and if the owners planned to upgrade to an enhanced I/A system. Ms. Higgins stated that she believed the system was upgraded in 2017 and that the owners had also installed a 12,000-gallon cistern rainwater collection system so they do not use water from their well. Agent Greenberg-Lemos stated that the records show that the septic system was last upgraded in 1996 and has a leach pit. Ms. Higgins has not yet consulted with the owners regarding upgrade for the septic. After lengthy discussion, Ms. Higgins requested a continuation to March 1, 2023. It was recommended that the Cohns attend the next hearing. Leon Shreves moved to continue to March 1, 2023; seconded by Ben Fairbank. VOTE: Ben Fairbank aye; Leon Shreves aye; Michael Fisher aye; Barbara Brennessel aye; Bob Stewart aye; and John Cumbler aye. 6-0

O’Connnor, 90C LeCount Hollow Road, Map 30, Parcel 9, Cont’d Theresa Sprauge represented the applicant and recapped the project. The applicant has agreed to the changes recommended by the Commission. John Cumbler moved to approve the NOI; seconded by Michael Fisher. VOTE: Michael Fisher aye; Leon Shreves aye; Ben Fairbank aye; John Cumbler aye; Bob Stewart aye; and Barbara Brennessel nay. 5-1

Supervisor: Agent

Major, 125 Pine Point Rd., Map 21, Parcel 54.1, RDA, Construct a three-bedroom dwelling

A site visit was made. Laura Schofield represented the applicant and stated that this on a vacant lot and abuts Pine Point Road. Laura Schofield shared many maps and stated that it was difficult to determine if this is a riverfront property. The only work requested in this RDA within the 100’ buffer zone from the coastal bank is a water line from the well. Once the water line is installed the area will be naturally revegetated. The house is outside the 100’ buffer from the coastal bank and its roof runoff will go into drains; there will be an enhanced I/A septic system and many plantings. The well is permitted from a prior NOI that identified this property as having a riverfront, and therefore having a 200’ buffer. The Commission requires proof of whether Duck Creek at this point is a river or not. Agent Greenberg-Lemos stated that she would have a discussion with DEP about this issue. This is a separated lot and the date of the subdivision should be stated since that affects the maximum total area of disturbance permitted. Laura Schofield stated that she would like to refile this project as a NOI in a riverfront area. Michael Fisher moved to identify the RDA as positive; seconded John Cumbler. VOTE: Barbara Brennessel aye; Ben Fairbank aye; Michael Fisher aye; Leon Shreves aye; John Cumbler aye; and Bob Stewart. 6-0.

Michael Fisher moved to adjourn the Public Hearing at 6:15 pm; seconded by John Cumbler. VOTE: Barbara Brennessel aye; Ben Fairbank aye; Michael Fisher aye; Leon Shreves aye; John Cumbler aye; and Bob Stewart aye. 6-0.

Respectfully submitted,

Christine Bates, Committee Secretary

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