Approved Conservation Commission Mtg Mins

Approved

Conservation Commission

Meeting Minutes

December 18, 2019 4:00 pm

Town Hall Meeting Room

Attendees:  Deborah Freeman, Barbara Brennessel, Michael Fisher, John Cumbler, and John Portnoy as well as Agent Hillary Greenberg-Lemos and Christine Bates, Committee Secretary 

Mail / Discussion

            No mail

            January 16, 2020 - Zoning / Open Space / Housing.  Workshop being held in Harwich

Deborah Freeman stated she wished to postpone John Cumbler’s letter to the Select Board until we hear from the Wastewater Committee.  She stated she would like to have the comments from the Board of Health and Wastewater Committee before we present a plan.  John Portnoy feels the Wastewater Committee is on the right track, proposing sewering as a backup to alternative wastewater treatment, and we should support them.  Barbara Brennessel stated that the Commission agrees with APCC and will be looking for 50% of the rental money the town will be receiving to be used for wastewater management.  Barbara Brennessel stated that the Commission should not be proposing anything but to be supportive of the Wastewater Committee.  A scientific study stated only certain types of shellfish can help reduce nitrogen, based on weather, the type of sediment, water temperature, etc.  John Portnoy stated the town should be cautious about having a treatment center at the landfill, and should study where the nitrogen will end up.  Deborah recommended we postpone John Cumbler’s letter until after the January 9, 2020 Wastewater Committee workshop.  

Agent Greenberg-Lemos stated that there will be a workshop regarding wastewater on January 9, 2020 from 11:00 to 12:30 at the Fire Station.  Staff will be attending and interested parties can attend.  Scott Horsley will be making the presentation.  John Portnoy, John Cumbler, Barbara Brennessel and Michael Fisher will attend.      

DPW – Gull Pond Road – There was no representation from the DPW Department.

Michael Fisher reviewed the Community Preservation Act needs List

Preserve threatened resources especially in ACEC land.

Protect regional water supply/aquifer.

Protect regional wetlands and bordering areas.

Protect shellfishing/wildlife habitat

Preserve special and unique vegetation.

Provide links with existing conservation land for wildlife corridors.

Protect from development and for limited and appropriate public access land near ocean, bay and ponds.

Seek land for passive recreation.

Continue to educate the population regarding the benefits of conservation, and the relationship between excessive growth and ground water quality, waste disposal, harbor health, natural resources and town character.

Acquire fee simple title or conservation restrictions to properties in tidally restricted coastal flood plains to encourage and facilitate wetland restoration, promote carbon sequestration, and mitigate flooding from sea-level rise.

John Cumbler stated that there should be a vision regarding Open Space properties and that the Open Space Committee would like to have a discussion with the Conservation Commission.  The types of property should be prioritized and there should be a plan on how to manage the properties.  He felt that it was important to ask people for easements for certain areas.

Michael Fisher moved to accept the addition to the Needs List and amendments; seconded by John Cumbler; passed 5-0.

John Cumbler moved that the Commission meet with the Open Space Committee to have a discussion regarding their vision and invite the Conservation Trust as a guest; seconded by Barbara Brennessel; passed 5-0.  Agent Greenberg-Lemos suggested the Town Planner be included as well.  John Cumbler will set up the meeting.    

DLTA – Draft Bylaw:  Deborah Freeman requested a workshop on January 10, 2020 at

10:00 am.  Agent Greenberg-Lemos will try to get the meeting room at Town Hall.

Agent Greenberg-Lemos reminded the Commission that a vote was taken on November 20, 2019 regarding the Town Meeting articles requesting the disposition of Town-owned land. 

Jurisdictional Opinions

A to Z trees, Browns Neck Rd, remove 1 pitch pine.  Michael Fisher recused himself.  Barbara Brennessel moved to allow the pitch pine to be removed; seconded by John Portnoy; passed 4-0.

Parker , 175 Old County Rd., upgrading septic system.  The current septic system is within the  100’ buffer zone.   Work will consist of trenching for a new leach area and filling in an old leach pit with sand.  The area is an isolated wetland.  John Cumbler moved to approve the project; seconded by Barbara Brennessel; passed 5-0.

Notification from Seashore of boardwalk replacement.   Nothing needs to be filed.  A map was distributed for the Commissioners to review. 

Meeting Minutes: 

Barbara Brennessel moved to approve the amended Nov 20, 2019 meeting minutes; seconded by Deborah Freeman; passed 5-0.

Deborah Freeman moved to approve the amended December 4, 2019 meeting minutes; seconded by John Portnoy; passed 4-0 (Barbara Brennessel recused herself).

Due to conflicts with the Herring River Project; Barbara Brennessel feels she has to recuse herself.  Deborah Freeman has not been involved for the past two years.  Michael Fisher and John Cumbler could write a letter of disclosure.  Chair Deborah Freeman stated that this is an issue to address in the future.

Deborah Freeman stated that the Commission has to have a quorum of 4 for any votes.  The Charter Committee would have to meet to  change the quorum requirement, which would then go before the Select Board, and finally be approved at Town Meeting; this would takeat least 2 years.  The Charter calls for a 7-member Commission, but two openings remain unfilled.  Deborah Freeman recommended having a discussion with the Town Administrator and Select Board.   

5:07 pm  PUBLIC HEARINGS:

Town of Wellfleet, Maps 41 and 42, NOI, repave Lt. Island Road from Rte 6 to Catboat Road, catch basins to be removed and replaced with deep sump pumps with heads (Cont’d to Jan 15, 2020)  John Cumbler moved to continue to 01/15/20; seconded by Barbara Brennessel; passed 5-0.

Sarazin, 15 Springline Dr., Map 29, Parcel 258, RDA, construct 10’ x 12’ shed to side of main/front house (Cont’d).  The presentation was made at the December. 4, 2019 meeting.  John Cumbler identified the project as a Negative 3; seconded by John Portnoy; passed 4-0.  (Michael Fisher recused himself).    

SLA Nominee, 1005 Chequessett Rd., Map 19, Parcel 94, NOI, Proposed replacement of an existing coastal engineering structure (Cont’d to Jan 15).  John Portnoy moved to continue to January 15, 2020 at the request of the applicant; seconded by John Cumbler: passed 5-0.   

Latanzi, 25 Crest Ave., Map 35, Parcel 88, NOI, remove invasive black locust from coastal bank, remove 9 heavily pruned oaks, install dry well, and plant native shrubs.   Theresa Sprague represented the applicant.  She gave an overview of the project.  Bayberry shrubs will replace the oaks.  Tree removal will be by hand.  Locust will be removed by hand and flush cut and will be replaced with scrub oak and bayberry.  There will be temporary irrigation for 2 growing seasons.  Water from down sprouts will be directed  into dry wells.  Photographs were distributed identifying the locust and the canopy of the other trees in the area during the growing season.  There will be disturbance to the foot path.  If the boats are owned by the Latanzis, they will be notified to remove them or build a kayak rack. John Portnoy recommended planting shad along with the bear oak to increase native biodiversity.  John Cumbler asked for an explanation of why the oaks would be removed and Ms. Sprague stated locust have a shallow root system and are the first to blow over with high winds (non sequitur? _JP).    Barbara Brennessel moved to approve the NOI; seconded by Michael Fisher; passed 5-0.  Supervisor:  Deborah Freeman

Rosen, 425 Lt. Island Rd., Map 41, Parcel 110, RDA, regrade driveway, remove concrete slab, install walkway, prune selected trees, remove 1 dead black locust and 1 pine.  Charles Wentz of Ponderosa Landscaping provided an overview of the project.  John Portnoy recommended planting an additional 9 shrubs along the wetland border.   John Cumbler identified this as a Negative 3; seconded by John Portnoy; passed 5-0.      

Sandy Shoes, 135 Highmeadow Rd., Map 12, Parcel 131, NOI, create view corridor by topping 5 pine trees and trimming 3 oak trees.  Jeremy Young and David Lajoie represented the applicant.  Mr. Lajoie gave an overview of the project, stating the project includes removing 1 pine, topping 4 pines, and trimming 3 oak trees.  Deborah Freeman stated when work is being performed, the supervisor must be notified.  Revegetation has not been completed.  Deborah Freeman stated that the Commission wants an arborist’s opinion if the trees will survive because they were previously topped.  Jeremy Young stated a very large pine toppled close to the house.  There is also another pine that is infested with beetles.  After viewing pictures of the trees, there was concern if the trees would survive topping.  The Commission recommended filter pruning instead of topping and requested an arborist come to the meeting to discuss removing limbs instead of topping.  There will be 20 bear  oaks planted as mitigation.  Deborah Freeman stated this property has had a lot of work done on it, and she wants to see the revegetation completed with the removal of dead trees.  After the revegetation work is complete, she stated the Commission will then discuss the view corridor.  The Commission agreed with cutting the pine near the house.  David Lajoie requested a continuation.  John Portnoy moved to continue to January 15, 2020; seconded by Michael Fisher; passed 5-0.     

Noddin, 130 Peace Valley Rd, Map 8, Parcel 236, NOI, septic upgrade.  Michael Fisher recused himself.  Jason Ellis stated the property is for sale and requires an upgraded septic system.  The only vegetation being removed is a lawn which will be replaced.  The project has received Board of Health approval.  John Cumbler moved to approve the NOI; seconded by Barbara Brennessel; passed 4-0.

Barbara Brennessel moved to adjourn at 6:00 pm; seconded by John Cumbler, passed 5-0.

Respectfully submitted,

Christine Bates, Committee Secretary

Materials provided:

Latanzi:  NOI, site and planting plans, photographs

Rosen:  RDA, site and planting plans

Sandy Shoes, NOI, site plan and photographs

Noddin:  NOI and site plan