Approved Conservation Commision Mtg Min.

Meeting date:

Wednesday, July 1, 2020

Approved

Conservation Commission

Meeting Minutes

July 1, 2020 4:00 pm

Remote Hearing

In attendance: Deborah Freeman, John Cumbler, Leon Shreves, Barbara Brennessel, Michael Fisher, Ben Fairbank, John Portnoy and Agent Hillary Greenberg-Lemos

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

Deborah Freeman sent a notice to everyone regarding a citizen-science oyster survey project. Barbara Brennessel stated she has concerns with the project. She stated it is to get more people involved in monitoring the resource, but the survey appears to lack scientific rigor and there are time constraints this summer.

There were no Jurisdictional Opinions.

Agent Greenberg-Lemos stated the Conservation Department has been issuing some boat storage permits.

Agent Greenberg-Lemos reported she has not heard from the new property owners at Map 19 Parcel 14.

Agent Greenberg-Lemos stated that a letter was sent regarding the unpermitted driveway repair and brush disposal at Hiawatha Avenue. She had a discussion with the driveway contractor who will be filing an application with the Commission. Deborah Freeman stated that there is brush along the road.

Deborah Freeman questioned Agent Greenberg-Lemos whether the Michelson and Simone houses are considered pre-1978 and therefore eligible for shoreline protection. Agent Greenberg-Lemos will check into it and will get information for the Commission.

Agent Greenberg-Lemos stated she has reviewed both of the firms to assist in rewriting the regulations and was informed by Assistant Town Administrator, Mike Trovato, we have to go with the lowest bidder, Horsely Witten Group. MA law dictates this decision.

Agent Greenberg-Lemos stated the CZM Resiliency Grant meetings are posted on the town website.

Agent Greenberg-Lemos reported that the letter from the Commission was sent to the Board of Health supporting increased septic-system nutrient removal within 300 feet of wetlands. .

Michael Fisher questioned what roll the Commission plays with the Pleasant Point bulkhead replacement hearing. Agent Greenberg-Lemos reported the Commission had approved the NOI and the applicants are now filing the Chapter 91 permit. The meeting is with CZM who will have a virtual site visit as part of their CZM-consistency review. CZM is recommending a rock revetment, and not a vertical bulkhead. The applicants are requesting another extension to the project from the Commission. Agent Greenberg-Lemos recommends waiting for CZM consistency determination. Since there have been several extensions, the Commission would like a full review and update on what is now being proposed.

Chair Freeman asked if we can start an educational program regarding armoring and the effects s on the resources. She would like to start the conversation with shoreline owners e about the damage it can cause for the future. John Portnoy pointed out that the regulations actually protect coastal banks as sources of sediment to beaches, flats and salt marshes; they can only function in this way if they allowed to erode with sea-level rise and wave action. Deborah Freeman stated we have to think about beach renourishment more broadly including effects on shellfish habitat. Agent Greenberg-Lemos read the regulation regarding permit extensions (not to exceed 2 years).

John Portnoy moved to approve the amended June 17, 2020 meeting minutes; seconded by Ben Fairbank. Vote: Barbara Brennessel aye, Michael Fisher aye, Leon Shreves aye, John Portnoy aye, John Cumbler aye, Ben Fairbank aye and Deborah Freeman aye. 7-0.

Deborah Freeman advised everyone again that the Executive Session is scheduled for Monday, July 6 at 4:00 pm.

The Commission would like to start doing site visits together. Under new State guidance, the site visits could resume. Due to the number of cars involved and limited parking, we may have to break up into groups. .

There was discussion regarding shoreline protection at1050 Chequessett Neck Road. Agent Lemos stated the property owners want to talk directly with the Commission.

Curt Felix told Agent Greenberg-Lemos his company was going to treat Preservation Hall for mosquitos with a cedar oil product. Ms. Greenberg-Lemos listed the ingredients of the product. She will send the information to the Commissioners. John Portnoy is concerned about pesticide effects on Wesley Swamp. Cape Cod Mosquito Control Project, a State agency, will perform work for free. John Cumbler will have a discussion with the people at Pres. Hall. John Portnoy stated that Gabrielle Sakolsky, the superintendent and entomologist at Cape Cod Mosquito Control, could identify which species of mosquitoes are causing the nuisance and possibly thereby determine if Wesley Swamp is the likely source.

Re Covid-19, Barbara Brennessel stated the parking restrictions at the beaches are not working because cars are dropping off several people and it is not reducing the number of people at the beaches. She also stated about 50% of the people wear masks. Agent Greenberg-Lemos stated there is a task force for Covid-19 who are checking out several towns. She requested they come to Wellfleet. Also of concern is the walkway at the harbor, where pedestrians sometimes violate the 6-ft physical distancing rule.. Agent Greenberg-Lemos stated the town has an emergency plan in place.

HEARINGS:

Hazzard, 100 Bond St., Map 36, Parcel 104, RDA, Replace and relocate shed. At the request of the applicant, she is withdrawing the RDA. Ms. Hazzard is going to refurbish the current shed and there will be no work beyond the shed’s current footprint. Barbara Brennessel moved to allow the petition to be withdrawn; seconded by Ben Fairbank. Vote: Barbara Brennessel aye, Michael Fisher aye, John Portnoy aye, John Cumbler aye, Leon Shreves aye, Ben Fairbank aye and Deborah Freeman aye. 7-0

Pilcher, 210 Kendrick Ave, Map 20, Parcel 29, RDA, Installation of proposed mitigation plantings and ornamental plantings, walkway and patio areas, lawn and driveway. Dillon Prince represented the applicant and gave an overview of the project. The plantings will be native. There will be temporary irrigation for the plantings. Blue stone will be used for the walkways and patio areas. Barbara Brennessel is concerned with the area of impermeable blue stone pavers. Mr. Prince stated the driveway and patio area will not have any cobble and consist of sand and shells. Deborah Freeman questioned all the work within the 50’ buffer zone. The drawing didn’t identify the property line. The fence rails will be replaced in the same location. Agent Greenberg-Lemos reviewed an actual site plan identifying the Kendrick Avenue road layout in front of this dwelling, and showing the entire area planned for native-plant revegetation is on Town property; therefore, this entire planting area will have to be shifted north onto Map 20:29. It was noted that all work would be within the flood zone. Deborah Freeman would like to see as little disturbance as possible. The Commissioners would like to see widely spaced stepping stones for better percolation and accordingly requested a new site plan. Mr. Prince would like to have a discussion with the property owner and come back. John Cumbler moved to continue to July 15, 2020; seconded by Leon Shreves. Vote: Barbara Brennessel aye, Michael Fisher aye, John Cumbler aye, John Portnoy aye, Ben Fairbank aye¸ Leon Shreves aye and Deborah Freeman aye. 7-0

Sandy Shoes LLC (Domski) 135 Highmeadow Road, Map 12, Parcel 131, RDA, Replace existing graveled bed under deck with permeable pavers. Paperwork was received late. Barbara Brennessel moved to continue to July 15, 2020; seconded by John Portnoy. Vote: Barbara Brennessel aye, John Portnoy aye, John Cumbler aye, Ben Fairbank aye, Leon Shreves aye, Michael Fisher aye, and Deborah Freeman aye. 7-0

Michelson Trustees, 21 Samoset Ave, Map 28, Parcel 184, NOI, Proposed shorefront protection. Due to the complexity of the application, the applicant requested this be continued indefinitely. Barbara Brennessel moved to continue the NOI indefinitely; seconded John Cumbler. Vote: Barbara Brennessel aye, John Portnoy aye, John Cumbler aye, Ben Fairbank aye, Michael Fisher aye Leon Shreves aye, and Deborah Freeman aye. 7-0

Simone, 5 & 11 Samoset Ave, Map 28, Parcels 186 and 185, NOI, Proposed shorefront. Barbara Brennessel moved to continue the NOI indefinitely; seconded by John Cumbler. Vote: Barbara Brennessel aye, John Portnoy aye, John Cumbler aye, Ben Fairbank aye, Michael Fisher aye, Leon Shreves aye, and Deborah Freeman aye. 7-0.

John Cumbler moved to adjourn at 5:30 pm; seconded by Barbara Brennessel. Vote: Barbara Brennessel aye, John Portnoy aye, John Cumbler aye, Ben Fairbank aye, Michael Fisher aye, Leon Shreves aye, and Deborah Freeman aye. 7-0.

Respectfully submitted,

Christine Bates, Committee Secretary