Approved Conservation Commission Mtg Mins

Approved

Wellfleet Conservation Commission

Meeting Minutes

October 3 2018

Town Hall Meeting Room

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

Regrets:  Deborah Freeman

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

Mail / Discussion

            Lauren McKean presented the City of Boston Wetlands Ordinance Plan.  Copies were distributed to the Commission

Terry Sarazin came before the Commission, requesting direction regarding what additional information was wanted.  Robert Bacon did not represent her at the 09/19/18 meeting.  She stated the deck is a safety issue and Ms. Sarazin is concerned that there is only one safe way out of the building in the event of  a fire.  The drawing provided previously by Mr. Bacon was inadequate; the Commission requires the scale and location of the stairway and the number of  posts.  Michael Fisher recommended moving the stairway back on the decking so that the landing area is farther  from the wetland buffer.   John Portnoy stated that the mowing may be encroaching on the wetland; therefore, the wetland boundary needs to be delineated on the ground so that encroachment stops.  The Agent  will make another site visit and stake the property approximately 10 feet from the wetland edge..  Ms. Sarazin will provide updated construction plans. 

  Jurisictional Opinions

            2161 State Highway – remove two locust trees.  Dennis Townsend represented the owner and stated the one tree is a safety issue for the highway, and the other locust is on the bank above a freshwater wetland.  The trees will be cut flush.  John Portnoy moved to approve the Jurisdictional Opinion, seconded by John Cumbler, passed 5-0.  Four shrubs will be planted for mitigation.

            465 Chequessett Neck Rd., removal of 2 locust trees which are hanging over the dwelling.  Shrubs will be planted for mitigation.  Lauren McKean moved to approve the Jurisdictional Opinion; seconded by John Portnoy; passed 5-0.

            375 King Phillip Rd., after a site visit  by the Agent and  discussion with the owner, the applicant wishes  to remove 12 live trees and   two dead trees and limb others.  The Commission determined a NOI should be filed for all the work they want to do on the property.

Holmes, 155 Samoset Ave.  Ms. Holmes did not attend the meeting.

Meeting Minutes – to be reviewed at the next meeting.

Mail:  MACC conference October 20.

CPC:  Michael Fisher presented the Open Space Committee’s current “needs list”, essentially a list of goals, for land preservation and public access.  After discussing the list, the Commission suggested that, from the perspective of the WPA and Wellfleet Environmental Bylaw, vista protection was not a Conservation Commission goal for open space, and suggested that it be deleted.  Portnoy mentioned that vista clearing and trail creation may discourage wildlife use. The Commission will review the revised list and vote on the items.

John Portnoy gave an overview of a recent presentation on the expected effects of climate change on on-site wastewater function.  Below is a summary:

Climate Change & Septics, Provincetown, 20 Sept 2018

More bacteria removed (filtered) with shallow drain field* because particles near surface are smaller.

*Pressure dosage system with secondary treatment (more filtration & adsorption) and shallow drainfield.

• Conventional Title V is better at removing FC and total nitrogen (TN).
• Advanced, shallow drain-field better at removing organic carbon (biochemical oxygen demand (BOD)) and phosphorus.

With climate change, the Northeast will get warmer and wetter.  Water table rising faster along shore than inland.  So increased soil moisture.

Increased soil moisture may cause increased fecal coliform (FC) discharge because moist, slippery soil particles are worse at filtering bacteria.

Increased soil moisture will cause more oxidized iron, which binds phosphorus (P), to be chemically reduced, so less P is removed before discharge.  P is usually the limiting nutrient for algae and plant growth in fresh water bodies.

With higher soil temperature, organic carbon will be burned up faster, so less will be available for denitrification downstream along the flow path.  Alternative solution is to add organic carbon farther down flow path.

Viruses have negative charge, thus stick to soil particles; viruses were never seen in discharge from systems studied.

Bottom line:  climate change will reduce BOD, but increase FC bacteria, P and maybe nitrogen.

Public Hearings 5:00 pm:

Wright, Wales, Barnello, Hughes, 0 Blackfish Creek, Request for Extension to Order of Conditions.  Bob Perry represented the applicants and gave a history of the property and

reasons why renourishment did not take place.  There have been issues with ownership of the property.  The hole at the east end of the beach has not been renourished, as requested.  They are requesting a two-year extension.  The applicants have secured a company which will perform the re-nourishment  Once the applicants receive title to the land under the bulkhead from the Town, they will proceed with the licensing required.  200 to 250 cubic yards will be required to fill the hole.  Mr. Perry stated the sand will be dropped from the top of the bank and distributed by small equipment.  He stated they require a Certificate of Compliance in order to get licensing required by the State and Army Corp of Engineering.  Mr. Wright provided the history of the previous renourishments, which the property owners had performed. They thought they owned the property and when they determined they didn’t own the property, they stopped the renourishment.  There are also issues with the diamondback turtle nesting season.  Bob Perry stated that the bulkhead would be replaced / rebuilt in 2020.  The sand to fill the hole will be dropped  from the top of the Patterson property.  Perry said that machines can be  used on the beach to fill the hole without running over salt-marsh habitat.  Agent Greenberg-Lemos stated the Order of Conditions was for the building of the bulkhead and not just filling the hole.  A woman in the audience stated that there is no fishing near the bulkhead, but takes place around the bend.  Mr. Perry stated this order is under four individual owners and the work will be performed regardless of ownership of the property.  Lauren McKean requested new information regarding any changes to the beach from the previous plan.  Lauren McKean moved for a three-month extension to allow the filling of the hole near Patterson, and to allow preparation and submission of an  updated environmental plan; seconded by John Portnoy; passed 5-0.   

Dick / Easterbrooks, 240 Blue Heron Rd., Map 41, Parcel 20, RDA, remove 4 oak trees, 1 pitch pine, prune 3 pitch pines, remove dead branches, plant native species between house and marsh (Cont’d).  Mr. Dick provided revised plans and the Commission stated they wanted a dense border planted on the bank consisting of five (5)gallon shrubs, including bayberry.  Lauren McKean identified the RDA as a Negative 3; seconded by John Portnoy; passed 5-0.  

Soares, 410 Lt. Island Rd., Map 41, Parcel 8, RDA, Remove footings and replace, build 8 x 16 deck with rails.  Mr. Gruellman and Mr. Soares came to the table.  The project would be to hand dig 3 footings within the resources for the deck.  Barbara Brennessel stated she noted apparently new unpermitted stone steps down to  the platform in the wetland.   Barbara Brennessel identified the RDA as a Negative 3; seconded by John Cumbler; passed 5-0 with the condition that the steps and the platform in the wetland will be removed.   

Rousseau, 174 Pleasant Pt. Rd., Map 35, Parcel 113, RDA, remove 5 trees.  Dennis Townsend represented the applicant and stated 2 trees are over the house, and there is insect damage to 2 trees on the bank and one close to the abutter.  John Cumbler recommended trimming branches on one of the trees close to the dwelling versus removing it.  The Commission would like  mitigation by planting 25 shrubs in a row along the bank.  John Portnoy identified the RDA as a Negative 3 provided  a dense shrub border along the bank; seconded by Michael Fisher; passed 5-0.

Wolff, 156 Pleasant Pt. Rd., Map 35, Paracel 110, NOI, parking area replaced with open faced grassed pavers, stone wall removed and replaced with new stone, new entryway defined by stone wall, utilities moved underground.  Gordon Peabody represented the applicant and stated the owners wanted a safer driveway with the new facing.  He discussed the new route for the driveway to avoid taking down a mature tree.  He stated there will be some trees removed and replanting with 15 native plants.  Barbara Brennessel requested the amount of disturbance in the buffer zones be identified.  Barbara Brennessel moved to approve the NOI on condition that the applicant not exceed the amount of disturbance permitted in the buffer zone and  provide documentation of the area of disturbance within Commission jurisdiction.; seconded by John Cumbler; passed 5-0.  Supervisor:  Barbara Brennessel 

Halleck/Hoeland, Trustees, 1440 Chequesset Neck Rd., Map 18, Parcel 7, NOI, shorefront protection.  Lauren McKean recused herself.  Barbara Brennessel was acting chair.  Jay Norton, Jim O’Connell, Seth Wilkinson, and Attorney Ben Zehnder represented the property owner.  The dwelling deck is 14 feet from the top of the coastal bank.  Jay Norton provided an overview of the proposed  9 fiber roll array construction.  Compacted soil and anchors will be used.  210 cubic yards of nourishment will be placed over the fiber rolls, and replaced when needed.  Agent Greenberg-Lemos asked if the bank had been planted and Gordon Peabody stated that they were unable to plant at the bottom of the bank due to unstable sand, and at the top of the bank due to the clayey substrate.  A crane will be used for accessing the area.  Barbara Brennessel stated this is a velocity zone and questioned the success of the construction.  Seth Wilkerson advised the Commission that he has used this form of protection on Nantucket and Martha’s Vineyard and tit was successful.  Agent Greenberg-Lemos requested addresses of those locations.  The crane will be used to get machinery to the work area.  Jim O’Connell, Geologist, stated the erosion rate at the site is 2.5 and 2.75 per year on average.  Since 2009 and 2018 the average erosion rate has been 14 feet per year.  In 12 years, the top of the coastal bank has eroded 52 feet.  He stated the dwelling is in serious jeopardy.  In 2006, there was a dune at the base of the bank, which is not there now.  Seth Wilkerson stated a small compactor will be used on the soft sand, so as to match existing glacial outwash.  He stated a cable will be used to anchor the fiber rolls.  Agent Greenberg-Lemos read a letter from the National Seashore; the NPS  does not support the project, requesting further study into alternative materials and methods.  John Portnoy questioned the amount of renourishment of sand and asked what would happen if there were several storms that would move the sand.  Wilkinson stated sand would migrate through the fiber rolls.  Portnoy questioned that this would be the only stabilized bank from Jeremy Point to the Pamet River and questioned if over the long term we would have a house on a  peninsula in Cape Cod Bay.   Wilkinson said that the fiber rolls have a design life of 25 to 30 years and could go away in a few years if there were major storms.   Barbara Brennessel is concerned with the terrapin nesting area and what will happen to the south of the property, which is town owned.  Norton stated that when the entire project is a soft solution, which absorbs wave energy.  Barbara Brennesell stated she has seen fiber rolls that had been dislodged by storms and carried onto shell fish grants. John Cumbler was concerned about  the precedence this will set in town and would like to see the structure (house) moved landward.  Zehnder and Norton stated that there is no room for retreat on the lot.  Attorney Zehnder stated the Seashore is not an abutter, and feels this is an area for the Town to explore new technology and the bylaws and regulations are for property owners as well.  He recommended having the Commission get their own engineer/scientist to review the project.  Jay Norton stated if the coastal bank is planted, it will increase wildlife  habitat.  Norton described the difficulties in moving the house: e.g. geo-thermal units located around the house, zoning issues, and topography.  John Portnoy moved to continue to Nov 7, 2018; seconded by Michael Fisher; passed 5-0.

Simons & Sagen, 55 Alves Rd., Map 15, Paracel 1136, NOI, construct 22’ x 6’ addition to dwelling, install 10 x 10 shed, remove trees, Solar panels on roof.  Michael Fisher recused himself.  Matt Farrell represented the applicant and provided an overview of the project.  The trees would be removed to supply sunlight for the solar panels.  Barbara Brennessel moved to approve the NOI; seconded by John Portnoy; passed 4-0.   Mitigation planting will take place.    Supervisor:  Barbara Brennessel

Silvetti, 35 Main St., Map 12, Parcel 73, RDA, install generator.  Agent Greenberg-Lemos stated Mr. Silvetti installed a generator on a non-permanent concrete pad, which could be moved.  A neighbor called the office and complained about the generator.  Lauren McKean identified the RDA as a Negative 3; seconded by John Cumbler; passed 5-0.

Barbara Brennessel moved to adjourn at 7:45; pm; seconded by Lauren McKean; passed 5-0.

Respectfully submitted,

Christine Bates, Committee Secretary