Approved Conservation Commission Mtg Mins

Meeting date: 
Wednesday, August 1, 2018

Approved

Wellfleet Conservation Commission

Meeting Minutes

September 5, 2018

Town Hall Meeting Room

Attendees:   Barbara Brennessel, Michael Fisher and John Portnoy, Conservation Agent, Hillary Greenberg-Lemos and Christine Bates, Committee Secretary

Regrets:  John Cumbler, Deborah Freeman and Lauren McKean

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

Andrew Gottlieb and JoAnn Muramoto of the Association to Preserve Cape Cod and Heather McElroy of the Cape Cod Commission came to the business meeting to discuss challenges Wellfleet has to protect wetland resources with accelerating climate change.  APCC has been contracted through the CC Commission to help Wellfleet draft appropriate new regulations.

John Portnoy voiced concern that past building developments, in particular on retreating coastal banks and around diked coastal marshes, have made it difficult to protect adjacent dunes, barrier beaches, coastal banks and tide lands including native coastal marshes.  For example, current laws are antiquated in that they inadequately recognize and accommodate an increasing rate of sea-level rise, and increasing frequency and intensity of storms.  .  Coastal armoring is a real problem for the Commission, especially for properties landward of eroding shorelines that were built before 1978 and are therefore exempt from required beach nourishment.  Agent Greenberg-Lemos stated that we are trying to find a better way for beach renourishment.  Barbara Brennessel stated questioned the effectiveness of  nourishment because it does not stay in the location where it was placed.  Agent Greenberg-Lemos also has concerns with people who want to build up to the buffer zones and the Commission has problems with that.  She feels we need valid science to back up any regulations.  We need to regulate activity prior to sea level inundation  to protect land plus any construction.  She stated the Commission has worked on educating the public and the bylaws would be changed after some education.  John Portnoy noted that the groundwater table and kettle ponds are rising along with the sea..  Agent Greenberg-Lemos stated that the Board of Health will be tightening up regulations due to inexorably rising water levels. 

The group questioned whether the Commission should revise regulations  given on-going sea level rise?  Should regulations be added that address inevitable  coastal retreat and should the owners of property be responsible to adapt?  The Commission would like to have data made available to them regarding erosion, etc.  Would the Commission be open to “neighborhood” conditions for new by-laws?  These conditions would be applied specifically within a mapped district where past development has conferred a highly site-specific sensitivity to sea-level rise and coastal change.  Agent Greenberg-Lemos would  provide that information to property owners and the public at large.   A new bylaw could allow the Commission to go back to properties that were issued Certificates of Compliance regarding renourishment.  John Portnoy stated there are very little on-the-ground and site specific data on coastal retreat and marsh subsidence available for any analysis. 

Hot spots:  Mayo Creek (no sediment, water rising, prior property owners reluctant for any restoration).  Vista pruning projects – response was there are few studies on Cape Cod.  Concern with nutrient / nitrogen levels.  Recurring flooding and groundwater quality (salt content of private water-supply wells),   

Helen Wilson asked whether there be further regulation of the removal of large trees, regardless of their proximity to protected wetlands; her concern was carbon storage.  This would require regulation outside of current Commission jurisdiction.. 

The Conservation Agent Tim Famulare from Provincetown stated Natural Heritage regulations were added into their environmental protection bylaw.

Janet Drohan from Board of Health stated this information would be helpful to their Board who would like to cooperate with the Conservation Commission

JoAnn Muramoto gave examples of new bylaws in other towns (concerning ZBA bylaws and development in certain areas within the resources).  Agent Greenberg-Lemos stated the Commission would like support from the Town Administer and Town Council while writing new bylaws.  Barbara Brennessel asked about help with pesticides and was told there are new bills at the state level seeking local control which can be more restrictive than the State Pesticide Board. 

John Portnoy stated he would like to have visual projection of plans at the meetings for everyone to see the plans at the same time.  Agent Greenberg-Lemos will talk with Dan Hoort regarding getting technology to support the Commission. 

Mail:  Mail was reviewed by the Commission

The business meeting was adjourned at 5:25 pm.  Barbara Brennessel moved to adjourn at 5:25 pm; seconded by John Portnoy; passed 3-0.

NOTE:  Due to a lack of a quorum, all hearings scheduled for August 1 will be heard on August 15.

Laurel Trust, 715 Chequessett Neck Rd., Map 19, Parcel 113, AOO, change concrete retaining walls to steel and perform additional vegetation

Cook Family Trust, 420 Lecount Hollow Rd., Map 31, Parcel 600, NOI, relocate existing cottages

Farnsworth, 125 Pine Point Rd., Map 21, Parcel 54.1, NOI, construct new dwelling, deck, driveway and septic system

Sulin, 87 Samoset Rd., Map 28,l Parcel 112, NOI, replace beach stairs

Lay, 335 Forrest Rd., Map 16, Parcel 612, NOI, remove old cedar piers under summer camp and replace with new concrete block piers

Palumbo, 90 Aunt Sarah’s Way, Map 42, Parcel 58, NOI, addition, screened porch and modify decks

Respectfully submitted,

Christine Bates, Committee Secretary