Approved May 19, 2021 Cons Comm mtg mins

Meeting date:

Wednesday, May 19, 2021

Approved

Wellfleet Conservation Commission

Meeting Minutes

May 19, 2021

Remote Meeting

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

4:00 pm Business Meeting

Mail / Discussion

Crest Avenue – kayak rack appears to be different than what we approved. Agent Greenberg-Lemos will investigate.

Approval of NRAB warrant articles: Dredging Alternative and Harbor survey. John Riehl stated these projects are a result from work with Coastal Studies. The “black mayonnaise” or, more accurately, “black custard” is not a noxious material and not harmful or dangerous. This is a mixture of silt and organic algae as a binder. NRAB want to put together an RFP to have some outside laboratory work performed to determine if it is possible to remove the black custard from the harbor, remove the binder, and pump the fine silt into Duck Creek which would be carried by the tide to the marshes at upper Duck Creek. If that could be done, they will come back to the Select Board to do some permitting as an alternative to dredging. This would eliminate taking the materials out into the Bay for disposal. This would also allow the town to control when they would perform the task. Nancy Civetta is aware of the project. They are asking for $25,000 for laboratory analysis and modeling work on sedimentation. John Cumbler moved to support the project; seconded by Michael Fisher. VOTE: Barbara Brennessel aye; Leon Shreves aye; Michael Fisher aye; John Cumbler aye; and Ben Fairbank aye. 5-0

The second article is for $60,000 to survey water life within the harbor (finfish and shellfish). A study was performed 50 years ago. Over the past 10 years efforts have been made to improve the quality of water within the harbor caused by septic systems, storm water runoff, and global warming. The temperatures are beginning to increase. This base line survey will help to measure any progress in the quality of life in the harbor. The survey would take approximately two years and cost approximately $30,000 to $40,000. The remainder of the money would be used after information is gathered. John Cumbler moved to support this project; seconded by Michael Fisher. VOTE: Barbara Brennessel aye; Leon Shreves aye; Michael Fisher aye; John Cumbler aye; and Ben Fairbank aye. 5-0

Jurisdictional Opinions

Allison Palmer, 70 Lookout Road, Map 35, Parcel 7, remove a blue spruce that is 60 feet high and is within 6 feet of her house. She would like to take the tree down prior to the hurricane season as she is concerned the tree may fall on her house. It is located near a marsh. Barbara Brennessel and John Cumbler recommended 2 trees be planted as mitigation. Michael Fisher moved to approve the Jurisdictional Opinion seconded by Barbara Brennessel. VOTE: Barbara Brennessel aye; Leon Shreves aye; Michael Fisher aye; John Cumbler aye; and Ben Fairbank aye. 5-0

Gordon Peabody represented Charles Currier at 1015 Chequessett Neck Rd., Map 19, Parcel 93. He stated they want to do some native plantings to stabilize the lower area of the bank. He stated there is not a dynamic erosion rate on this site. John Cumbler moved to approve the Jurisdictional Opinion; seconded by Barbara Brennessel. VOTE: Barbara Brennessel aye; Leon Shreves aye; Michael Fisher recused; John Cumbler aye; and Ben Fairbank aye. 4-0-1.

Agent Greenberg reported paperwork is being gathered for 1400 Chequessett Neck Rd. to Town Counsel.

Agent Greenberg-Lemos stated she is concerned with conducting in person meetings at Town Hall basement due to the poor ventilation. The Library is not opening up its meeting room yet. The only option is the COA. We cannot require proof of vaccination, but we could ask people to wear a mask. We are waiting to hear from State Legislation on directions.

Meeting Minutes

Barbara Brennessel moved to approve the amended meeting minutes of 4/21/21; seconded by Michael Fisher. VOTE: Barbara Brennessel aye; Leon Shreves aye; Ben Fairbank aye; John Cumbler recused; and Michael Fisher aye. 4-0-1.

Barbara Brennessel moved to approve the amended 05/05/21 meeting minutes; seconded by Michael Fisher. VOTE: Barbara Brennessel aye; Leon Shreves aye; Ben Fairbank aye; John Cumbler aye; and Michael Fisher aye. 5-0.

Vessel moorings on ponds. Agent Greenberg-Lemos stated she and the Harbormaster will look at the moorings this summer and come up with a plan during the winter months.

Michael Fisher moved to adjourn the business meeting at 4:59 pm; seconded by Barbara Brennessel. VOTE: Barbara Brennessel aye; Leon Shreves aye; Ben Fairbank aye; John Cumbler aye; and Michael Fisher aye. 5-0.

5:00 - Public Hearings:

In attendance: Barbara Brennessel; Leon Shreves; Ben Fairbank; John Cumbler; and Michael Fisher.

Wolff, 156 Pleasant Point Rd., Map 35, Parcel 110, RDA, remove dead branches from 3 pine trees, remove black locust trees from west side of house and replace with 30 beach plums, manage poison ivy. Gordon Peabody represented the applicant and stated the 3 pine trees are close to the house and the owners would like to open up the area where they are located. There is a large amount of poison ivy on the property and will hire people to rip it out. He stated the Wolff’s would like to take out a total of 4 locust trees and replant with an additional 10 beach plums, for a total of 40. Mr. Peabody is against using any herbicides for the poison ivy. Ben Fairbank recommended not to use herbicide for the black locust either, to remove the poison ivy by hand, and replant with 40 beach plums as mitigation. Mr. and Mrs. Louden, abutters, stated they appreciate there will be no herbicides, and want to be assured this project is not for an expanded view because they may come before the Commission to ask to move their house due to an upgrade of a septic system. John Cumbler identified the RDA as a Negative 3; seconded by Michael Fisher with conditions. VOTE: Barbara Brennessel aye; Leon Shreves aye; Ben Fairbank aye; John Cumbler aye; and Michael Fisher aye. 5-0.

Wei, 40 Hiawatha Rd., Map 28, Parcel 176, RDA, line side of driveway with single row of cobble stones, no concrete or cement to be used. Mr. Wei provided an overview of the project to line the driveway with cobble stones within the 50 foot filter zone. Mr. Wei stated there would be spaces between the stones for water drainage. Agent Greenberg-Lemos did not feel this project was detrimental and that water would drain sufficiently. He will not widen the driveway for the cobble stones and the stones will be placed within the approved driveway. John Cumbler identified the RDA as a Negative 3; seconded by Ben Fairbank. VOTE: Barbara Brennessel aye; Leon Shreves aye; Ben Fairbank aye; John Cumbler aye; and Michael Fisher recused. 4-0-1

Freeman for Cape Cod National Seashore, Priscilla Road and Cliff Road, Map 24, Parcel 83, NOI, Install new emergency roadway to connect the two roads for safe passage and emergency responders. At the request of the applicant, Barbara Brennessel moved to allow the application be withdrawn without prejudice; seconded by Michael Fisher. VOTE: Barbara Brennessel aye; Leon Shreves aye; Ben Fairbank aye; John Cumbler aye; and Michael Fisher aye. 5-0.

Rheault, 735 Chequessett Neck Rd., Map 19, Parcel 112, NOI, amendment to SE077-1551 for reconfiguration of front entry to include the reconstruction of a 65 foot of timber retaining wall and to reconstruct existing decking and stairs at the front and rear of the dwelling. Increase in deck coverage of 118 sq. ft. and additional restorative plantings with indigenous species 400 sq. ft. as 3:1 mitigation. Dave Bennett represented the applicant and stated a new entrance is required. He provided details of the project. He stated two trees will be removed that are close to the wall. Barbara Brennessel, supervisor, stated she has no issues with the proposal. She stated on the original NOI there was no decking in the back of the house on the site plan and Mr. Bennett stated that was an oversight and the deck has been there and will be replaced. The entire house is within the 100-foot buffer zone. The air conditioner near the old front entrance will be moved. Barbara Brennessel moved to approve the project; seconded by John Cumbler with the condition a revised plan will be provided showing the new location of the airconditioner. VOTE: Barbara Brennessel aye; Leon Shreves aye; Ben Fairbank aye; John Cumbler aye; and Michael Fisher aye. 5-0.

Gips, 25 Crest Ave., Map 35, Parcel 88, NOI, construction of raised boardwalk, beach access stairs, boat rack and vista pruning. Steve Phillips represented the property owner and provided an overview of the project. He stated the current foot path is very steep and they will build access stairs. All work will be performed by hand with the appropriate wood. Photographs were provided for the vista pruning. Michael Fisher identified the disturbed area and requested a planting mitigation. The existing path requires stabilizing. Mr. Phillips stated they would be willing to plant on the Gip property and, if accepted, also on the abutter’s property where the path crosses on their property. The vista pruning will consist of topping trees and limited to less than 20% of total height. Barbara Brennessel recommended filter pruning versus topping. Michael Fisher stated the trees were in good shape by the previously approved vista pruning. The stairs will require identification on them of map and parcel. Conditions: 222 sq. ft of native plantings, planting plan submitted, and stairs to be marked with map and parcel. Michael Fisher moved to approve the NOI; seconded by Barbara Brennessel. VOTE: Barbara Brennessel aye; Leon Shreves aye; Ben Fairbank aye; John Cumbler aye; and Ben Fairbank aye. 5-0. Supervisor: Michael Fisher

Yudowitz, 75 Omaha Road, Map 28, Parcel 189, NOI, construct stone revetment to replace existing seawall and installation of replacement driveway Cont’d. At the request of the applicant, John Cumbler moved to continue to June 2, 2021; seconded by Barbara Brennessel; VOTE: Barbara Brennessel aye; Leon Shreves aye; Ben Fairbank aye; John Cumbler aye; and Michael Fisher recused. 4-0-1.

Boehringer : Map 35, Parcels 21 2 and 33, 0 off Bay View and 10 Bay View, NOI, shorefront protection Cont’d At the request of the applicant, John Cumbler moved to continue indefinitely; seconded Barbara Brennessel. VOTE: Barbara Brennessel aye; Leon Shreves aye; Ben Fairbank aye; John Cumbler aye; and Michael Fisher recused. 4-0-1.

Agent Greenberg-Lemos stated the Waste Water Committee will come to the business meeting on June 2. Agent Greenberg-Lemos will have a discussion with Andrew Gottlieb on the various solutions to wastewater treatment. She stated the public will play a role in the options available. She will also reach out to the members of the Waste Water Committee members.

Horsley Witten to come to a work session prior to June 16. Hillary Greenberg-Lemos will set up a time.

Michael Fisher moved to adjourn at 6:00; seconded by John Cumbler. VOTE: Barbara Brennessel aye; Leon Shreves aye; Ben Fairbank aye; John Cumbler aye; and Michael Fisher aye. 5-0.

Respectfully submitted,

Christine Bates

Documents:

NRAB documentation

Wolff: RDA paperwork and back up material

Wei: RDA paperwork and back up material

Freeman: NOI application and back up and letter requesting withdrawal without prejudice

Rheault: NOI application and back up material

Gips: NOI application and back up material