Approved Conservation Commission Mtg Mins
Approved
Wellfleet Conservation Commission
Meeting Minutes
December 5, 2018
Town Hall Meeting Room
Attendees: Lauren McKean, Barbara Brennessel, John Portnoy, John Cumbler, Michael Fisher, Deborah Freeman, Agent Hillary Greenberg Lemos, and Christine Bates, Committee Secretary
4:00 - Business Meeting & Conservation Agent's Report
Mail / Discussion
The Commission reviewed the handout “Protect Wellfleet’s Wetland”. Barbara Brennessel recommended giving the flyer to people getting beach stickers. Agent Greenberg-Lemos recommended the next Americorps representative work on identifying protected wetlands and buffer zones on each lot and communicating that information to the lot owners.. Deborah Freeman recommended that this paperwork be sent via certified mail to property owners near wetlands. Agent Greenberg-Lemos will contact the tax collector’s office to see if a flyer could be included with the tax bills.
Temporary Structures:
John Portnoy stated the commission needs more specific guidelines for regulating the use of temporary structures in resource areas and buffer zones, and suggested the following: 1) prohibit structures within resource areas; 2) allow temporary structures on developed land within 100-ft buffer provided there is no environmental damage. It is important to get out the information to home owners who have property near the resources. It was recommended people will have to come to the office and inform the Agent of any planned activity. Either the agent or the assistant will make a site visit. John Cumbler recommends bringing forth the consequences to the property owners at the beginning of any activity.
Barbara Brennessel and Michael Fisher attended a Buffer Zone Workshop on December 1. Barbara stated some towns’ bylaws refer to the buffer zone as a resource area. Barbara recommends learning more about that from other towns. APCC will help us rewrite the bylaws (but not the regulations) including the flexibility to increase the buffer width on steep slopes, making it more accurate and site appropriate. She stated the applicant has the burden of proof that no harm will take place within the buffer zone. Lauren McKean recommended APCC focus on the top issues of Wellfleet. Agent Greenberg-Lemos stated we will rewrite our regulations in the future because the bylaws are vague.
Meeting Minutes 10/17 11/07/18 (one typo on 10/17) Barbara Brennessel moved to approve the October 17, 2018 and November 7, 2018 amended meeting minutes; seconded by Michael Fisher; passed 6-0.
Page BreakJurisdictional Opinions: 10 Pine Point Rd, (old Slade Associates Bldg). Prune 5 trees, and remove one locust and one pine which are leaning over the paved driveway. The Commission conditioned the project on replanting with native shadbush and hazel nut trees. John Portnoy moved to approve the Jurisdictional Opinion; seconded by John Cumbler; passed 6-0.
Zimmerman property requires clean up and removal of concrete debris on the Bay beach at 100 Way #26. The Cape Cod National Seashore will perform the work. Agent Greenberg-Lemos reported that she contacted the Zimmerman’s.
Public Hearings 5:00 pm
Allen, 38 Sea Oaks Way, Lot 13, Plan 16475-E, NOI, prune underbrush and view obstruction (Cont’d). Gordon Peabody, Intern Christina Smith and abutter Mr. Ostenson came to the table. Peabody provided a replanting plan and identified modifications in new paper correspondence. The project proposed to place 8 bayberries closer to the water and bear oaks up higher. He stated there is a 5-foot walking easement. Peabody stated it is important for the neighbors to notify each other of any future activity. The Covenant states vegetation be maintained at 4’ minimum height in the corridor area. John Cumbler moved to approve the NOI; seconded by Lauren McKean; passed 6-0.
Cooney, 3 Kendrick Ave., Map 21, Parcel 112, Certificate of Compliance (Cont’d). Agent Greenberg-Lemos recommended continuing indefinitely until the Commission receives some information regarding the project. The Commission should be aware of what parts were completed, a drawing of what was done and not completed. Lauren McKean moved to continue indefinitely; seconded by Deborah Freeman; passed 6-0.
WP165 LLC, 165 Commercial St., Map 21, Parcel 118, NOI, create earthen berm (Cont’d). There was no representation at the meeting. Lauren McKean moved to continue to Dec. 19, 2018; seconded by John Portnoy; passed 6-0.
Lamb LLC, 82 Ione Rd., Map 28, Parcel 67, RDA, shed. Joe Lamb and Kathy Ann Lamb came to the table, stating they want to place an 8’ x 12’ shed within the buffer zone. NHESP stated that this project is not within their jurisdiction. The shed will be anchored down with earth anchors attached by cables to bolts into the base of the shed.. The neighbors will still have a view. Lauren McKean expressed concern with the mowing within the buffer zone of Chipman’s Cove in the back yard and Mr. Lamb stated he would be willing to discontinue mowing in that area. Barbara Brennessel recommended planting native shrubs for habitat. John Portnoy recommended groundsel tree (Baccharis halimifolia) and/or high-tide bush (Iva frutescens), native shrubs of the high salt marsh, which were probably present before the shoreline was developed. . Mr. Lamb will provide a planting plan. Lauren McKean identified the RDA as a Negative 2; seconded by John Portnoy; passed 6-0.
Cape Cod Rail Trail, NOI, Extension of trail between Lecount Hollow Road and Rte 6. Brian Madden and Derek Hug (?). Brian Madden stated the current rail trail ends at the Lecount parking lot and presented a drawing identifying the parking lot and the wetlands. Future parking will be expanded toward the General Store. There will be an increased paved area; however, the discharge location of existing and future surface-water flow has not been identified and is a concern if it pollutes Blackfish Creek wetlands and surface waters, including shellfish waters. Portnoy recommended that discharge locations be investigated and that the project ensure that surface discharge does not directly flow into nearby wetlands. Natural Heritage has not responded re State-listed species. Lauren McKean stated that the two existing portable toilets are consistently being pushed over and recommends relocating them. Mr. Madden identified the 100’ buffer zone and the 50’ buffer zone with proposed plantings. The pathway will be asphalt and is the standard with no alternatives according to DCR. A turtle sweep will be performed prior to the start of work. Barbara Taylor, a neighbor, stated that this is being rushed with bidding is going out next month, prior to any other public comment. She feels this is the beginning of a larger planned trail, requiring more extensive public comment. Lauren McKean moved to continue to 12/19/18; seconded by Barbara Brennessel; passed 6-0.
Barker and Cassano, 105 Barker St. and 65 Atlantic Ave., Map 36, Parcels 53.1 and 54, NOI, plant trees and shrubs to replace cut trees. Gordon Peabody represented the applicant and Christina Smith and abutter, Ed Cassano, came to the table. There are 3 parties involved. Cutting took place on two of the properties; the owners did not do the cutting. Limited cutting took place last year. Ms. Barker had cutting done and, according to Mr. Cassano, did not want any planting done on her property. However, Peabody presented a planting plan that he said will not obstruct the vista. Mr. Cassano reported that he has seen a neighbor actually cutting large trees. He stated the cutting has been taking place over the last 5 years. Some of the trees were removed from the properties. Peabody is proposing 23 new plantings. In addition to a planting plan, the Commission requires an estimation of the number of trees that have been cut on each property. . Another site visit will be scheduled, Flags will be placed to identify the previously cut trees. Peabody requested a continuation to December 19, 2018. John Cumbler moved to continue to Dec. 19, 2018; seconded by Deborah Freeman; passed 6-0.
Halleck/Hoeland, Trustees, (Blasch) 1440 Chequesset Neck Rd., Map 18, Parcel 7, NOI, shorefront protection. (Cont’d). Lauren McKean recused herself. Deborah Freeman served as acting chair. Ben Zehnder, Seth Wilkinson, Tricia Bracken, stenographer, Jim O’Connell, Jay Norton, and Steve LeGrant represented the applicant, Attorney Ben Zehnder identified all the documents. Seth Wilkinson stated that photos showing the use of coir rolls on other shoreline properties show that the practice can be successful. The new proposal is to lay a foundation rock revetment, cover it with coir rolls and sand, plant it, and annually import about 900 additional cubic yards of sand for bank nourishment. He stated in high energy areas, the plants will be dense. However, he stated that this specific type of “innovative” hybrid of rock covered by coir rolls had not been deployed previously, and thus has no proven record of effects in the field. Seth Wilkinson stated that he has been in contact with Mass. Natural Heritage, but has not received a determination. Jim O’Connell stated 5,940 cu yards of sand have been used as renourishment over the last 4 years. The erosion rate is on average is 2.6’ per year; however, this property has seen an average of over 4’ in the last several years. The structural engineer’s report stated that this is an emergency situation. He reiterated that in Greg Berman’s report the fiber rolls will have a very short life expectancy and will not last at this location. He stated 310 CMR 10.23 allows coastal structures to protect dwellings built prior to 1978, and there was a structure there at that time. The rock revetment and fiber rolls will provide protection to the building. He stated the foundation could be at the coastal bank in 9 ½ years based on the current yearly erosion.
Agent Greenberg-Lemos pointed out the substantial erosion at the top of the bank and asked how the revetment will help stop that erosion. Jay Norton stated once the top of the bank is stabilized, plantings could be done. Agent Greenberg-Lemos feels the upper erosion is caused by the wind. John Portnoy asked if the applicant was aware of the recent Center for Coastal Studies sediment transport study showing the portion of the coastal zone as a node , i.e. a source for sediment flowing north and south; this makes this bank especially difficult to stabilize. Jim O’Connell responded that the node was farther north and they will compensate with the early renourishment.
Barbara Brennessel quoted Berman’s statement that there would be impact with the proposed renourishment. O’Connell stated the State regulations do not call for anyone to look at the future, only what state the property is currently and existing. Barbara Brennessel stated Wellfleet’s regulations are more stringent than State regulations with the former permitting construction but not reconstruction; this house was reconstructed in 2010. Attorney Zehnder questioned our regulations regarding construction / reconstruction.
John Portnoy stated the Town sacrificed a large parking lot in the 1980s just to the south of this project site, based on concerns for sediment transport and recommendations from Mass. CZM coastal geologists. Barbara Brennessel stated piping plovers have nested in the area for several years and it is one of few locations on the bay where piping plovers still nest. Other nesting areas on Lt. Island and Indian Neck have disappeared largely due to CES. Deborah Freeman stated that Wilkinson’s examples of fiber roll use from Nantucket and Martha’s Vineyard feature slopes much less high and steep than those on this property. Because the fiber rolls attached to the rock revetment will be a new design, Agent Greenberg-Lemos stated that there is no evidence that these two components will work to stabilize the bank. Mike Fisher questioned the life expectancy of fiber rolls and was told by LeGrant that they last approximately 7 years and could be replaced. The cables securing the fiber rolls will be anchored to the rock revetment. Michael Fisher pointed out an abandoned septic tank is protruding from the coastal bank apparently at the south end of this property. Deborah Freeman asked if the vegetation does not grow, what happens at the top of the bank due to wind scour. The consultant responded that it would be replanted. Ms. Greenberg-Lemos noted that grass planted previously atop the bank did not survive. John Portnoy questioned if the revetment and fiber rolls would be constructed in a way that would accommodate a rising sea level. Jim O’Connell stated this project is acceptable per State and local regulations. A letter from the National Seashore was read into the record, opposing the project. John Cumbler stated the original project was for a soft approach, with no rock revetment. He stated the bank is like an eroding cliff face. He asked why they gave up the fiber roll proposal and he feels moving the dwelling is the best course of action. He questioned if the proposed new plants on the bank would survive the yearly renourishment, with the response that renourishment will not cover the plants. After that, renourishment would be supplied from the top of the bank. Jay Norton stated that if the project was just fiber rolls, they would have to be replaced as needed.
Attorney Zehnder referred to Berman’s report which stated the house could be moved back. Based on the erosion rate, the top of the bank could be across Chequessett Neck Road in 50 years. The house was originally located within the 50 foot setback requirements of the National Seashore. The structure would have issues with septic and water and there would be expansive erosion and destruction to the land. John Portnoy recommended taking the house down and rebuilding, perhaps a smaller structure, closer to the road as an alternative; this would convert the coastal bank from a looming threat to a landform that both protects the new and natural sediment supply to the bay beach. John Cumbler questioned if the project would set a precedent with the revetment. Jay Norton stated there will be cases like this in the future for people to protect their property. Michael Fisher asked why they were not looking at Chapter 91 and the response was they are not within a navigable area.
Barbara Brennessel stated the Commission has conflicting scientific opinions (reports) on the potential of this project exacerbating coastal erosion on adjacent properties, making a decision difficult. Agent Greenberg requested an alternative analysis, including moving the house. Attorney Zehnder stated there have been many letters and reports from various people / organizations already. He stated there is a regulation that provides for armoring when you get within a certain timeframe to protect the structure. He stated the “team” feels they have met all the criteria. Jay Norton stated materials for the rock revetment will be lowered by a crane and the fiber rolls will be cabled into the rocks. The project will take approximately 2 months. The excavator will be raised on a constructed sand pile during high tides, and will otherwise remain on the beach until the project is complete. Agent Greenberg-Lemos questioned how trucks would turn around on the property and the response was that they would go up the driveway and back down. Deborah Freeman gave a list of materials she would like to receive. Attorney Zehnder read a list of materials that were supplied to the Commission.
John Portnoy questioned when the renourishment would take place, based on sand movement, or is it “as needed”. O’Connell stated they renourish in excess of the predicted need and have never had a problem in the past. John Portnoy asked what if there were two successive storms, each removing renourished sand. O’Connell responded it would be unnatural that 900+ yards would be removed. Once the plants grow, sand could be placed over them. There could be a base line with a marker to place sand.
Attorney Zehnder questioned if the Commission could approve this project, and the Commission wanted further information. Jay Norton stated that this is a rock revetment which has been approved at several locations on the bay. John Cumbler stated he wants to know from the Engineer why they are choosing a hard solution vs the soft solution that the applicant previously requested. He wants to know how difficult it would be to move the house. Attorney Zehnder requested that the Commission take a vote.
John Portnoy moved to deny the application; seconded by Barbara Brennessel, denied 5-0.
Deborah Freeman moved to adjourn at 8:30 pm; seconded by Barbara Brennessel; passed 6-0.
Respectfully submitted,
Christine A. Bates, Committee Secretary