Approved Conservation Commission Mtg. Mins

Meeting date:

Wednesday, January 16, 2019

Approved

Wellfleet Conservation Commission

Meeting Minutes

January 16, 2019

Town Hall Meeting Room

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

Regrets: John Portnoy

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

Mail / Discussion

Victoria Pecoraro – Prez Hall – design and proposal for vegetation. She questioned if she was restricted to the 5 plants approved by the Conservation Commission or if she could use other plants. There will be restrictions to the size of the plants due to the 5- area [.1] . Barbara Brennessel and Deborah Freeman requested she make a copy of her choices and have discussion with Agent or Assistant Agent.

Blasch, 1440 Chequessett Neck Rd., Beach Nourishment. Lauren McKean recused herself. Attorney Ben Zehnder and Seth Wilkinson came to the table and requested using a conveyor truck to distribute sand to the bottom. He stated there would be negligible damage due to the conveyor. Mr. Wilkinson stated this would be a temporary measure to protect the dwelling. He stated the sand would be placed at the bottom quarter of the bank. A small track loader would move the sand at the base of the bank. This would not change the amount of renourishment approved in the Order of Conditions. Brennessel stated she would like reassurance that no damage will be done by using the equipment. The work could take place within the next couple of weeks and take up to 8 or 9 days. Based on the weather, the renourishment may only require one visit, and if necessary, they will come back to the Commission. Helen Miranda Wilson questioned the extent of our jurisdiction with respect to the shoreline and tidal flats, and she stated there is sea clam habitat in the area. She questioned where the sand is going and whether it will affect the clams and habitat. The Wildlife and Fisheries letter granted permission to renourish with sand. Ms. Wilson questioned where mean high tide was on the bank and Mr. Wilkinson identified the height. Monitoring will be performed throughout the winter months and photographs will be taken and reported back to the Commission. Barbara Brennessel moved to allow beach renourishment using a conveyor to place sand on the beach providing it will not do any damage and defers to Greg Berrman’s opinions; seconded by Michael Fisher; passed 4-0.

Helen Miranda Wilson stated there is a draft letter being written by the Town regarding the Blasch denial of their NOI.

Agent Greenberg-Lemos stated she will get photographs prior to the renourishment. The DEP will be making a site visit on Wed Jan 30, 2019 at 10:00 am.

Land Dispositions: Map 46 Parcel 19, transfer from Board of Selectmen to Conservation Commission. Deborah Freeman moved to approve the Land Disposition; seconded by Lauren McKean; passed 5-0. MA Audubon may partner with the town to use as turtle habitat.

95 Lawrence Rd., Map 13 Parcel 2, housing development. No known wetlands/habitat. Transfer to the Housing Authority. Deborah Freeman moved a position cannot be taken due to the fact this property is not within the Conservation Commissions jurisdiction; seconded by Barbara Brennessel; passed 4-1.

Lt. Island Map 40, Parcels 81, 170, 171, 176, and 184. Transfer care, custody and management and control of the properties for Open Space use from the Board of Selectmen to the Conservation Commission. Barbara Brennessel moved to support the transfer of the 4 lots from Board of Selectmen to the Conservation Commission; seconded by Michael Fisher; passed 5-0.

Map 14, Parcels 112 and 119. (access to town water) transfer from Board of Selectmen to Housing Authority in order to build 2 small homes for affordable housing. Helen Miranda Wilson stated the Board of Selectmen did not move on this. The Commission would like to see a proposed site plan for Map 14, Parcel 119. Lauren McKean moved to approve the Land Disposition for Map 14, Parcel 112; seconded by Deborah Freeman; passed 5-0. The Commission will vote on Map 14, Parcel 119 after reviewing the site plan.

Meeting Minutes – to be reviewed later.

Megan Hinton, a neighbor to 135 Old Truro Road¸ lives at 16 Meadow Way. She stated she will not be available for the Kaplan/Rose hearing (135 Old Truro Rd., Map 8, Parcel 164) which is continued to 02/20/19. She stated she and the abutters do not want any herbicide spraying on the property for the knotweed. She requested no discussion take place until she is available. She stated if the knotweed is removed, she is concerned with erosion on the hill and the wetland in the lower area. The Commission recommended Ms. Hinton write a letter which will be read at the 2/20/19 hearing.

Public Hearings 5:00 pm:

Dept. of Conservation and Recreation, 180 Old Kings Hwy, Map 23, Parcel 81, RDA, replace sections of water supply system with 4” diameter main to consolidate water services. Kevin McHugh represented the State and will take over operations. He stated updates need to be made to bring the property up to code. The house will become headquarters, the existing comfort building will be updated, roads will be updated, and the existing water system, which was put in decades ago, will be updated. Rather than having a number of pipes going in several directions, they designed one main pipe going into two separate directions. The work will take approximately one day. There will be no tree removal. The original pipes will be left in place. Lauren McKean stated DEP and Natural Heritage would like to get the work done prior to April 1. Barbara Brennessel identified the RDA as a Negative 3; seconded by John Cumbler, with the condition the work be completed by April 1, 2019; passed 5-0.

Town of Wellfleet, 0 Blackfish Creek, Map 35, Parcel 210, Request for Extension. Bob Perry, Clyde Rousaue, and Andrew Wright came to the table. Mr. Perry stated new lot lines have been updated. On Oct. 20, 2017 the project received a one-year extension, then again on Oct. 18, 2018 a 3 month extension was granted. The land was acquired and the sand was replaced. He stated it takes time to get a license from DEP, and time for the Army Corp of Engineering. He stated they are requesting an additional extension for 3 years. The scope of work is the same. No nourishment will be placed until the bulkhead is replaced. Mr. Perry stated a small bobcat may be required to move the sand around. Lauren McKean requested materials be labeled in the event they float away. John Cumbler moved to approve an 18 month extension; seconded by Barbara Brennessel; passed 5-0. Condition: yearly renourishment.

Koval, 15 Ring Rd., Map 41, Parcel 103, NOI, septic upgrade, replace patios, walkways and decks, renovation of dwelling (Cont’d). At the request of the applicant, Lauren McKean moved to continue to Feb 20¸ 2019 seconded by Deborah Freeman; passed 5-0.

Kaplan/Rose, 135 Old Truro Rd., Map 8, Parcel 164, NOI, construct dwelling, septic, well, and appurtenances (Cont’d) At the request of the applicant, Lauren McKean moved to continue to Feb. 20¸ 2019; seconded by Deborah Freeman; passed 5-0.

The Public Hearings were closed at 5:50 pm.Lauren McKean re-opened the Business Meeting: at 5:50 pm.

Lauren McKean moved to approve the edited 12/19/18 meeting minutes, passed 4-0 (Michael Fisher abstaining).

There were no Jurisdictional Opinions.

Mail:

-Memo from Gordon Peabody explaining interaction he has with his clients. Barbara Brennessel will scan the document and distribute to Commissioners.

-Letter from Rebecca Noble regarding bike path.

-Notification of an Emergency Certification to upgrade septic.

-Cape Cod Times - Balloon Ban article. The idea of a balloon ban will be sent to the recycling committee.

-Free courses available in Provincetown

Violations – a permit was issued for a pre-fab structure within the ACEC. Clearing was already done on the lot. A meeting with Agent Greenberg-Lemos is scheduled.

Barbara Brennessel witnessed unpermitted activity on Samoset Road, which should be further investigated

Due to a lack of a quorum, the February 6 meeting is cancelled.

DLTA: Lauren McKean reviewed her concerns with the materials provided. The Commission stated they wanted to work on the by-laws first, using the materials DLTA provided. If approved at Town Meeting, appropriate regulations can be drafted. The long-term goal will be to work with Eastham, Truro and Provincetown to have some of the same bylaws.

Municipal Vulnerability Preparedness Program – meet with stakeholders to be held on March 12 and / or March 13, 2019 (2 towns).

John Cumbler moved to adjourn at 6:20pm; seconded by Deborah Freeman, passed 5-0.

Respectfully submitted,

Christine Bates, Committee Secretary

[.1]What does this mean????