Approved Conservation Commision Mtg Min.

Approved

Wellfleet Conservation Commission

Meeting Minutes

September 4, 2019 4:00 pm

Town Hall Meeting Room

Attendees:  Deborah Freeman, Barbara Brennessel, John Cumbler, Michael Fisher, and John Portnoy as well as Agent Hillary Greenberg-Lemos and Christine Bates, Committee Secretary 

4:00 - Business Meeting & Conservation Agent's Report

Agent Hillary Greenberg-Lemos called to say she would be late coming to the meeting due to a press release for EEE found in a mosquito sample from Wellfleet.

Mail / Discussion

There will be a mushroom walk at Pilgrim Spring on Sept. 28.  Michael Fisher stated he will attend. 

An e-mail from Susan Domski (Sandy Shoes Order of Conditions) was read in which she objected to planting bear oaks as mitigation for the illegal installation of stone steps without a permit.   Agent Hillary Greenberg-Lemos advised her to file an appeal or seek an amended order of conditions from the Commission. 

Michael Fisher provided pictures of mowing within a wetland area at 65 Howland Lane.  Spade-foot toads have been documented to spawn on the property.  The Commission asked Agent Hillary-Greenberg-Lemos to send a letter requesting that the property owner and  tenants attend a Conservation meeting.  There is concern that the wetland and buffer  will be utilized as a parking area for the Oyster Fest, which is held in October.    

Agent Hillary Greenberg-Lemos wrote a letter to Peter Matson and Charles Walker, Trustees of Map 3, Lot 2, instructing them to file an after-the-fact NOI regarding Old Kings Hwy filling.

A flyer and pamphlet were distributed to the Commission regarding several workshops scheduled by the Community Building Partnership to be held in October and November

Meeting Minutes:  Michael Fisher moved to approve the amended August 21, 2019 meeting minutes; seconded by Barbara Brennessel; passed 4-0 (John Cumber abstained). 

Now that the meeting room has the ability to utilize a computer with a projector, Barbara Brennessel recommended having engineers / landscapers bring their proposals on a thumb drive to use it for their presentations.  Agent Greenberg-Lemos stated she will request they include a thumb drive with their applications. 

Saturday, September 7 at 9:00 am, the Conservation Trust Walk will take place which covers Great Pond, Long Pond, Dyer Pond and Duck Pond.  The walk will start at the COA.  In the event of rain, the walk will be on Sunday, September 8. 

            DLTA – no action

Agent Greenberg-Lemos arrived at the meeting at 4:55 pm. 

Jurisdictional Opinions - none

Agent Greenberg-Lemos recommended sending John Portnoy’s report, as well as two letters regarding Wesley Swamp to the Selectboard recommending the Town hire an engineer to assess the illegal pumping and the feasibility of hydraulically separating Wesley Swamp surface water from the Preservation Hall lawn and structure.  The purpose of this effort is to allow swamp water levels to fluctuate normally, while preventing flooding at the Hall.  She will recommend the Selectboard review the material and determine if they want to meet with the Commission.  Deborah Freeman moved to send a letter as well as the material to the Selectboard ; seconded by Mike Fisher; passed 5-0.

PUBLIC HEARINGS:  5:00

Glaze, 625 Old Wharf Rd., Map 35, Parcel 14, Certificate of Compliance (shorefront protection)

Agent Greenberg-Lemos stated the project is in compliance.  The project is conditioned on beach nourishment in perpetuity, Barbara Brennessel moved to approve the Certificate of Compliance; seconded by John Portnoy; passed 5-0.

Glaze, 625 Old Wharf Rd., Map 35, Parcel 14, Certificate of Compliance (septic upgrade)

Agent Hillary Greenberg Lemos stated this project is in compliance.  Barbara Brennessel moved to issue the Certificate of Compliance, seconded by Deborah Freeman; passed 5-0.

Thayler, 250 Meadow Ave. W, Map 40, Parcel 158, NOI, Revise coir envelopes (Cont’d)

Attorney Sarah Torano-Flores and Seth Wilkinson came to the table and gave an overview of the changes to the project which were requested by NHESP.  A Performance Bond will be incorporated as well within an escrow agreement and it will provide protection to Wellfleet.  Seth Wilkinson described the changes to the protocol which includes 200 cubic yards of sand for renourishment.   Monitoring will be performed annually on May 1 in perpetuity.  There was discussion regarding the plants and irrigation.  A silt fence will be used during the growing period using wood stakes with 2-foot openings for terrapin passage.  Attorney Torano-Flores stated there is an existing easement  allowing the project to extend onto  the abutter’s property (Map 40:Parcel 156).  Conditions were discussed, including Performance Reviews will be conducted on a yearly basis.  Michael Fisher moved to approve the NOI with conditions; seconded by Barbara Brennessel; passed 5-0.         Supervisor:  Agent

Melvin, 35 Holbrook Ave, Certificate of Compliance (Cont’d).  Dennis Melvin stated the revised as-built plan identifies the changes which the Commission had requested.  Agent Greenberg-Lemos distributed photographs of the property and stated the applicant has completed all the tasks as requested.  After reviewing the notes on the two site plans, corrections are required for misidentified  vegetation.  Barbara Brennessel moved to issue the Certificate or Compliance provided corrections to both plans are submitted; seconded by John Portnoy; passed 4-1. (John Cumbler opposing)    

.Rosenberg, 235 Buttry Way, Map 16, Parcel 630, NOI, “after the fact filing”, unauthorized vegetation clearing (Cont’d).  David Lajoie, Becky Rosenberg, and Tia Sabbatt came to the table.   A letter from Mr. and Mrs. Perrin, abutters, was read into the record with their concerns  about parking, tree cutting/removal, and additional fill to the beach. 

A letter from the National Seashore dated August 23, 2019 was read into the record objecting to the beach fill, shoreline plant disturbance, tree cutting on NPS property and use of wood preservative in the new boardwalk, recommending instead white cedar.  MNHESP’s concern was Carex striata (Walter’s Sedge) which is an endangered plant.  They recommended a botanical survey for this plant be performed  between late-June to mid-July.  Ms. Rosenberg stated she will have the survey performed next year.   David Lajoie reviewed his revised plans with the Commission, which included both the NHESP’s concerns and the recommendations made by the Commission from the previous meeting.  The boardwalk from the decking area has been eliminated.  The existing drive is to be covered with crushed stone or shells. The new parking area besides the dirt road will be covered with crushed stone or shells.  The existing path to the pond edge to be used as pond access; synthetic landscape timbers will be used for the in-ground steps; seven trees will be removed.  Nothing will be done on Park property.  The dead trees will be removed and there will be regrading to direct runoff  away from the building.

Paul Zavada, landscaper, stated he was not aware of the Wetlands Protection Act or the Wellfleet by-laws regarding trimming / pruning / cutting trees and brush within the wetlands.  He stated that the brush that he cut down was not native.  He was corrected by the Commission.  Chair Freeman stated that she hoped Mr. Zavada  would in the future contact the Conservation Agent and obtain permits for any work within 100 ft of a wetland.  The Commission gave an overview of the fines ($200 per day) for work conducted without a permit..  After deliberation, the Commissioners  determined that this time they would not impose additional fines beyond the after-the-fact filing feefor this first-time offence.  Mr. Zavada has now been warned and should here be another offense, he will be fined.  John Portnoy moved to approve the after-the-fact NOI application, seconded by John Cumbler; passed 5-0.  Supervisor:  John Portnoy

Barbara Brennessel moved to close the public hearings at 5:50; seconded by John Portnoy; passed 5-0.

The Business Meeting was reopened at 5:50 pm.

David Lajoie wanted to address Susan Domski’s letter regarding tree planting , as well as Agent Greenberg-Lemos response.  (Sandy Shoes Order of Condition).  He requested a reduction in the number of trees to be planted; however, the Commission still requires 20 small trees, which could be bear oaks, shad, or similarly low-growing native species.  The Commission stated that the trees should be planted this fall in order to get a good root system.  In response to Mr. Lajoie’s request that the Commission consider a view corridor, he was instructed to finish the permitted step removal and revegation, and then apply for a view corridor in a future NOI.

John Cumbler moved to adjourn at 6:05 pm; seconded by Deborah Freeman; passed 5-0.

Respectfully submitted,

Christine Bates, Committee Secretary