Approved Conservation Commission Mtg Mins
Approved
Wellfleet Conservation Commission
Meeting Minutes
December 20, 2017 Town Hall Meeting Room
Attendees: Trudy Vermehren, Barbara Brennessel, Deborah Freeman
John Cumber, Lauren McKean, Doug Guey-Lee, Assistant Agent, and Christine Bates, Committee Secretary
Regrets: John Portnoy
4:00 - Business Meeting & Conservation Agent's Report
Mail / Discussion
Lauren McKean gave an overview of the Mass DEP / CZM Coastal Wetlands Training Manual conference held today. Topics included values of coastal resources and functions of coastal resources, as well as sediments. Actual court cases are described in the document to provide examples of some of the issues and decisions about specific coastal issues. There was discussion regarding new tools to use regarding sea level rise, the 30 year vs. the 100 year flood calculations.
Resilient Cape Cod – 3 stakeholder meetings are planned. One meeting was already held and there are 2 additional meetings (Jan 12, 2:00 – 5:00) and Feb. 9, 2:00 – 5:00) at the Wellfleet Library.
The Town as well as the National Seashore provided money to the Center for Coastal Studies for benthic mapping and will contact them for information about their findings.
John Cumbler stated he walked along Snake Creek Road and saw tree cuttings. Lauren McKean stated she will send a ranger to look at the area.
Barbara Brennessel requested that the commission have a discussion on the buffer zone and total area of disturbance. It will be put on an agenda and addressed at the beginning of a meeting.
Jurisdictional Opinions:
Richard Wolf, 156 Pleasant Point Rd, use 2 diamond pin piers to support the deck. The job is minimal with replacing sono tubes with the piers. Trudy Vermehren moved to approve the Jurisdictional Opinion; seconded by John Cumbler; passed 5-0.
88 Samoset, Lidell, patio on septic system, request to move half the patio within the buffer zone and off of the leach field. John Cumbler moved to approve the Jurisdictional Opinion; seconded by Deborah Freeman; passed 5-0.
Beach Nourishment – 2017 season – 2 people, who were previously notified, are still out of compliance. Stossel will continue nourishing. Zimmerman and the Yacht Club will be doing nourishment this spring. We have not heard from Keegan. One Lt. Island property is very difficult to access (Rice) and no nourishment has been performed because no contractors are willing to access the area.
Mail: letter advising us of meeting Dec. 14. CC Commission
5 dead ducks shot at head of Duck Creek on Conservation Trust property. The Environmental Police checked the situation out.
Permit for the Community Housing Project on Paine Hollow was filed through the ZBA.
Meeting Minutes – to be reviewed at next meeting.
Agent Greenberg-Lemos will contact Ed and Ginie to make arrangements for a luncheon.
The Commission discussed the use of ACQ wood and revising the regulations.
Public Hearings 5:00 pm:
Melvin, 35 Holbrook Ave., Map 20, Parcel 138, NOI, demolish and rebuild 2 dwellings (Cont’d). At the request of the applicant, Trudy Vermehren moved to continue the hearing to January 17, 2018; seconded by Barbara Brennessel; passed 5-0.
Halloran, Map 18, (no parcel, Nat’l Seashore, Chequessett Neck), NOI, stairs over coastal bank. Lauren McKean recused herself. Attorney Ben Zehnder and Jay Norton reviewed the previous information presented to the commission. The National Seashore had not signed off on the NOI because the stairs are located on their property. Attorney Zehnder had distributed the final copy of the Condemnation and stated he believes the Halloran’s retain access on the road and have a right of access to the beach. Attorney Zehnder stated the document is a deed from the National Seashore and identifies the land the owners can keep and use. He felt this was a “friendly taking”, and was negotiated with right of way to dirt driveway and beach. Agent Greenberg-Lemos had called DEP and it is exactly as Attorney Zehnder explained.
A letter from the National Seashore was read into the record, stating they are still reviewing the NOI. Findings were not completed, but the letter requested a continuation to January 17, 2018. The National Seashore had not received any contact or request for work on their land. As the land owner, no work can commence. Attorney Zehnder stated the package was delivered to the National Seashore for their review when the NOI was filed.
Barbara Brennessel stated there was a staircase already approved by the Conservation Commission. Zehnder stated this newly identified site is lower and there is an established path to the site. The current location for the previously approved stairway will require disturbance for the pathway and stairs. Agent Greenberg-Lemos stated it appears the approved structure has fewer components than the proposed and questioned why there is so much material on the bottom of the stairway and Jay responded they would bring the stairway back, hugging the slope. Lauren McKean stated the original stairway on the National Seashore’s property was never permitted in the past.
Parts of the stairway will be seasonal, and it will be recommended that the entire staircase will be removed off the National Seashore’s property in the off season. There will be minimal revegetation due to the state of the bank. Trudy Vermehren moved to continue to January 17, 2018; seconded by Debbie Freeman; passed 4-0.
Smith, 80 2nd Ave, Map 40, Parcel 126, proposed existing revetment and stair reconstruction. Katharine Ricks of Coastal Engineering, represented the applicants. She stated the proposed rebuild will be to the current standards and regulations and will abut the revetments of the neighbors. The stairs are redesigned so the decking will not cover the revetment. Revegetation will be performed for any disturbance. The dwelling is within 20’ from the coastal bank. Lauren McKean recommended the design for the deck be reduced in size (resting area versus chair location).
Bob Prescott stated there was a cottage on the property which was torn down and the current house was built. Ms. Ricks showed pictures of the revetment and stated no filter fabric was added when it was built and there is a high level of erosion on the beach.
The project will include yearly beach nourishment project. It has been inspected in the last 2 years and it was found not to require nourishment; however, it appears the elevation has dropped due to the toe stones showing. Access will be from the north side of the island.
Nancy Civetta, Shellfish Constable, stated a site visit was made and she would want to be with the contractors when they access the property due to the vulnerable location for shellfish. She requested a site plan identifying the width of the path for access. Ms. Ricks stated the stones have to be placed carefully from the bottom up. Barbara Brennessel asked if the commission was responsible to maintain structures in perpetuity and the response was no; the Commission is only required to protect the resources. John Cumbler expressed concern with the height of the revetment and Ms. Ricks stated the new design is based on the new FEMA standards. There was discussion regarding the material to be used for the stairs, stones versus wood. Cumbler expressed concern with erosion on the bank, and Barbara Brennessel expressed concern with the height of revetment and the need for continuing rise in height over the coming years.
Ms. Civetta provided pictures of the shellfish area which would be impacted. Barbara Brennessel asked if the terrapins would be of concern.
Bob Prescott stated the town owns some of the property where the revetment would be erected. Prescott shared a site plan he acquired which identified the town property and research will be performed to identify it. Ms. Ricks stated she will have conversations with contractors regarding this project. Prescott stated there were no renourishment triggers and how important the beach is with regard to plovers and terrapins on the island. He stated renourishment is critical on a yearly basis from each property and to have monitoring.
Prescott stated timing of construction is important due to tides and no construction can be performed during plover and terrapin nesting activity. Trudy Vermehren moved to continue to Jan 17; seconded by Lauren McKean; passed 5-0.
Deborah Freeman moved to adjourn at 6:20; seconded by Lauren McKean; passed 5-0.
Respectfully submitted,
Christine Bates, Committee Secretary