Approved Conservation Commission Mtg Mins
Approved
Wellfleet Conservation Commission
Meeting Minute
June 7, 2023
In attendance: Chair Leon Shreves, Barbara Brennessel, Clerk Michael Fisher, and Robert Stewart. Acting Agent Meredith Ballinger and Christine Bates, Committee Secretary
Regrets: Ben Fairbank, John Cumbler, and Marty Murphy
Business Meeting
4:00 pm Chair Leon Shreves opened the Business Meeting.
Jurisdictional Opinion:
55 Warren St, Map 36 Parcel 133, Chris Lewsey (Samuel Engel), remove a twisted pine tree, actively creating a hazard for the house, located just within 100’ of marsh. Barbara Brennessel recommended this be an Emergency Authorization and have them return with after-the-fact RDA. A site visit will be made by the Acting Agent on 6/8/23.
Emergency Authorization: 60 Hiawatha Rd., Map 28, Parcel 177, Joel Isaacson, well has run dry and they will be drilling a replacement well. Approximately 6 trees will be removed. There was no option to drill a new well in the same location. The proposed new well will be located 100’ from the leach field but very close to the marsh. The Agent has issued an Emergency Authorization for the well. The applicant will have to file an after the fact RDA for the tree removal.
Fox Island Rd, repair section of road from Marshfield to Anawan Road. Larry Gagler asked for advice. His proposed contractor would like to repair the road using “like material.” Similar work was performed by this contractor earlier at King Phillip Road with a time of year restriction and there was a turtle monitor at the site. A road on Lt. Island was also repaired with a time of year restriction. Larry Gagler stated that no asphalt is to be used. Due to the turtles, this work may require a National Heritage review and have a time of year restriction (October through May). Acting Agent Ballinger will follow up with research on previous similar filings and confer with Larry Gagler.
Mail / Discussion
Jude Ahearn –clutching discussion. Assistant Agent Meredith Ballinger stated that we are waiting for a new NOI filing on the proposed culching at the mouth of the Herring River and in Blackfish Creek. The Commission is not in a position to respond until it receives the paperwork. There was discussion about the existing Orders of Conditions for the Herring River. The Shellfish Department is currently working on a proposal for Blackfish Creek.
Meeting Minutes
Leon Shreves moved to approve the 05/17/23 amended meeting minutes; seconded by Michael Fisher. VOTE: Barbara Brennessel aye; Leon Shreves aye; Michael Fisher aye; and Robert Stewart aye. 4-0.
Ben Fairbank emailed that he will renew his term to serve on the Commission.
Michael Fisher moved to close the Business Meeting at 4:35 pm; seconded by Leon Shreves. VOTE: Barbara Brennessel aye; Leon Shreves aye; Michael Fisher aye; and Robert Stewart aye. 4-0
Public Hearings
5:00pm Chair Leon Shreves opened the Public Hearings
Zimmerman, 100 Way #26, Map 18, Parcel 3, NOI, seasonal aluminum stairs over coastal bank (Continued). Paperwork was received from DEP as well as from the Division of Fisheries and Wildlife with Conditions to be included in the Commission’s Conditions. VOTE: Barbara Brennessel aye; Leon Shreves aye; Michael Fisher aye; and Robert Stewart aye. 4-0.
Ment, 10 Main St., Map 15, Parcel 1, Certificate of Compliance Acting Agent Meredith Ballinger made a site visit and stated that the project is in compliance. Michael Fisher moved to approve the Certificate of Compliance; seconded by Barbara Brennessel. VOTE: Barbara Brennessel aye; Leon Shreves aye; Michael Fisher aye; and Robert Stewart aye. 4-0
Ment, 10 Main St., Map 15, Parcel 1, Certificate of Compliance Michael Fisher moved to approve the Certificate of Compliance; seconded by Barbra Brennessel. VOTE: Barbara Brennessel aye; Leon Shreves aye; Michael Fisher aye; and Robert Stewart aye. 4-0
Baker, 35 Way 60, Map 19, Parcel 16, RDA, Install stone steps down slope at left of house, stepping stones and a small dry laid stone retaining wall. Add gravel under deck area, apply clean fill and grade. Remove one locust tree and install native plants. Charles Wentz of Ponderosa Landscaping represented the applicant and provided a description of the proposed project. A previous Notice of Intent with Orders of Conditions issued in 2021 has not been completed and they have until 2024 to complete the work. The Commission has not received information regarding the total disturbance on the property and there had been several violations on the property. Barbara Brennessel moved to identify the RDA as a Negative 3 with the conditions that the total of all disturbance on the property within the Buffer Zone is identified, the NOI be closed soon, and that no fertilizer will be used on the grass; seconded by Michael Fisher. VOTE: Barbara Brennessel aye; Leon Shreves aye; Michael Fisher aye; and Robert Stewart aye. 4-0
Shaderowsky, 77 and 83 Samoset, Map 28, Parcels 114 & 113, Amendment to Order of Conditions – shifting the revetment seaward to reduce amount of excavation of existing bank and a revision to the bulkhead wall alignment (reopening). The State had requested additional information regarding the stair location and the project engineers replied directly to the State. The State responded that they approved the revised proposal. This was already approved by the Commission and paperwork can now be issued.
Discussion about In Person, Hybrid, or Zoom meeting is future: If the Commission were to hold Hybrid meetings at the ACC, it would have to finish the meeting by 6:30 pm in order to facilitate the Planning Board meetings which start at 7:00 pm. Barbara Brennessel suggested having our Business Meeting last for 30 minutes and start the Public Hearings at 4:30 pm. The Commission will decide at the next meeting about the future meeting format.
Christine Bates was warmly thanked for her years of service as Committee Secretary.
Leon Shreves moved to adjourn the Public Hearings at 5:45 pm; seconded by Michal Fisher. VOTE: Barbara Brennessel aye; Leon Shreves aye; Michael Fisher aye; and Robert Stewart aye. 4-0
Respectfully submitted
Christine Bates, Committee Secretary
Documents:
Zimmerman – paperwork from DEP and Natural Heritage
Ment (2) Requests for Certificate of Compliance
Baker – Request for Determination and back up material
Shaderowsky – Letter from State with recommended conditions