Approved Conservation Commission Mtg Mins

Meeting date: 
Wednesday, May 6, 2020

Approved

Wellfleet Conservation Commission

Meeting Minutes

May  6, 2020

Remote Meeting

 

Attendees:  Deborah Freeman, John Portnoy, Michael Fisher, John Cumbler, Leon Shreves, Barbara Brennessel, Ben Fairbanks and Agent Hillary Greenberg Lemos

4:35 - Business Meeting & Conservation Agent's Report

Business Meeting & Conservation Agent's Report

21 Samoset – Emergency Certification:  Agent Greenberg-Lemos stated this project went to the beach nourishment committee.  Charlie Agro of Coastal Engineering and Alan Michelson supplied Ms. Greenberg-Lemos with a plan for beach nourishment utilizing 150 cubic yards.  Due to the erosion during the past storms, the conditions became dangerous.  The foundation of the beach access steps have made it impossible to utilize the stairs.  The access stairs will be repaired as well as the base of the stairs.  This is considered a short-term repair.  Omaha Road Landing will be used for access and a discussion took place with the Shellfish Dept regarding stockpiling the sand.  It appears there is enough beach width to transport the sand to the location.  The road is a private road and Mr. Argo stated that the owners did not have a concern except for  terrapin crossing.  However, the weather has been so cold that it would be unlikely that the terrapins would be on the road.   A truck driver will have someone walk the road prior to driving over it. There is no existing nourishment requirement or plan for this property.  It was emphasized this would be a one-time nourishment; however, Portnoy suggested that the advantages and disadvantages of routine beach nourishment be considered.  .  The work will start on Monday 11 May  and be completed by Friday 15 May.  The Commission needs to review the property since there is no nourishment plan and there is  concern for the adjoining property.  Nancy Civetta stated this area has had seed planted and questioned if the work could be done the following week.  Mr. Agro stated this is an emergency and feels the sand can be moved during the early afternoon tides to void shellfish.   Agent Greenberg-Lemos agreed the amount of nourishment is fine.  John Cumbler moved to approve the Emergency Certification; seconded by Michael Fisher.  Roll vote:  John Portnoy yes; Leon Shreves yes; John Cumbler yes, Barbara Brennessel yes, Ben Fairbanks yes, John Cumbler yes, Michael Fisher yes; and Deborah Freeman yes.  Mr. Agro will work with Agent Greenberg-Lemos and the Shellfish Department along with the land owners.    

Mail / Discussion

Wellfleet Conservation Trust re.  940 Chequessett Neck Road:  Update:  Denny O’Connell stated he went through the process to see what they needed to do for a temporary access to the regulations.  The State said it can’t do a relaxation of the conservation restriction.  No action on the Commission’s part is required at this point in time.  Deborah Freeman stated the Commission’s hands are tied by  the existing conservation restriction prohibiting roads and  would require an amendment. 

DLTA

Jurisdictional Opinions

Meeting Minutes

5:00 pm  PUBLIC HEARINGS:

Dodge, 120 Compass Hill Rd., Map 41, Parcel 61, NOI, septic upgrade.  David Lajoie of Felco, Inc. gave an overview of the project, identifying the resources and the proposed location.  One small tree will be removed which is located within an open area.  Michael Fisher stated he saw 2 trees that looked like they would have to come down, and Lajoie replied the system could be moved to avoid this.  John Cumbler expressed concern with nitrogen pollution  going into the bay and urged the use of enhanced nitrogen removal; however, Lajoie stated the leach field is more than 100 ft from the salt marsh and thus enhanced nitrogen removal id not required.  This will require Board of Health approval. Jude Ahern questioned if the cesspool failed or was there a change in ownership.  Lajoie responded that it was simply very old and  needed to be replaced.  Owen Dodge, home owner, stated that  the septic tank is ancient circa 1970.  There will be revegetation of disturbed areas with grass for erosion control.  Michael Fisher moved to approve the NOI; seconded by John Portnoy   Roll call:  Ben Fairbanks yes; John Portnoy yes; Barbara Brennessel yes; Leon Shreves yes; Michael Fisher yes; Deborah Freeman yes; John Cumbler no. 

Spar, 0 off Bay View Ave and 30 Bay View Ave., Map 35, Parcels 212 and 34, NOI, proposed rock revetment extension and return.  Michael Fisher stated that the Wellfleet Select Board  has approved his Disclosure of Appearance of Conflict of Interest (MA GL c. 268A para 23(b)(3) form and that he is able to perform his official duties objectively and fairly in this case.  Don Monroe from Coastal Engineering stated the owners want to protect the property.  Photographs of the revetment were displayed.  He stated the work extends to  the property line.  Denny O’Connell stated this project is on the WCT property and they will allow the project.  There was no response from Natural Heritage as yet.  Monroe stated this is typically turtle habitat.  Beach renourishment will take place within the next couple of weeks.  There is substantial shellfishing in the area.  Nancy Civetta stated she would like to have a discussion with Don Monroe as there is currently spawning by  horseshoe crabs.  Monroe stated there will be no trucks going over the beach and the work would be performed in late fall, thus avoiding Limulus activity.  Fiber rolls will go above the revetment to maintain the sand and will be coordinated with the neighbor regarding erosion and nourishment.  Agent Greenberg-Lemos requested Monroe submit pictures of a similar project that he referred to in Harwich.  The Commission would like to hear from the abutter and questioned if the abutting home is pre 1978, allowing shoreline protection.  Monroe stated documentation could be supplied.  The Commission does not want to see scouring which will affect the neighbor.  Monroe stated Bob Boehringer is the neighbor and he plans on a soft solution and won’t be making a decision to armor his property in the near future.  Agent  Greenberg-Lemos stated that the project would be conditioned to restrict work and extra nourishment to the  Spar property.  The Commission requested pictures.  Barbara Brennessel questioned the imposition of a rigid nourishment schedule, noting that one storm could remove a lot of sand at one time; therefore, she recommended provision for immediate renourishment after a major erosion event.  Bob Boehringer joined the zoom meeting and stated his home is pre 1978, albeit with  some improvements.  He stated he is interested in doing a soft solution because a revetment would not allow him to have a natural beach.  He will be submitting a NOI within the next 4 or 5 weeks.  Monroe asked for a continuation to June 3.  Boehringer stated he is in support with what the Spars want to do.  Barbara Brennessel moved to continue to June 3; seconded by John Cumbler.  Roll Vote:  Barbara Brennessel yes; John Cumbler yes, John Portnoy yes; Leon Shreves yes, Ben Fairbank yes; Deborah Freeman yes and Michael Fisher recused. 

Barbara Brennessel moved to close the public hearings and return to the business meeting.  Roll Vote:  John Cumbler yes; Barbara Brennessel yes; Ben Fairbanks yes; John Portnoy yes; Leon Shreves yes; Michael Fisher yes; Deborah Freeman yes. 

Business meeting:

Jurisdictional Opinions:

Samuel Doke, Map 29, Parcel 339, 1 Baker Road, chop up a large pine tree that blew over in a storm, carry or roll it out of the area which is located on top of the bank.  Barbara Brennessel moved to approve the Jurisdictional Opinion; seconded by John Cumbler.  Roll Vote: Leon Shreves yes; John Portnoy yes; Barbara Brennessel yes; John Cumbler yes, Ben Fairbanks yes; Michael Fisher yes; Deborah Freeman yes.

Bronstein, cottage 14, replace deck within footprint, replace boards.  No work to be done in the ground.  There will be no storage of objects under the deck.  John Cumbler moved to approve the Jurisdictional Opinion; seconded by Michael Fisher.  Roll vote:  Ben Fairbanks yes; Barbara Brennessel yes, John Cumbler yes; John Portnoy yes; Leon Shreves yes; Michael Fisher yes; Deborah Freeman yes.

5 Holbrook Ave, Romano, The Fire Dept requested 2 to 3 boulders be placed at end of driveway to protect  propane tanks from wayward vehicles.  Barbara Brennessel asked if a fence could be used but Tim Thompson stated the Fire Dept didn’t want a fence because a car could go through it and strike the propane tank.  John Cumbler moved to approve the Jurisdictional Opinion; seconded by Leon Shrines.  Roll vote:  John Portnoy yes; John Cumbler yes; Barbara Brennessel yes; Leon Shreves yes; Ben Fairbanks yes; Michael Fisher yes, and Deborah Freeman yes.

Agent Greenberg-Lemos stated a violation letter will be sent to 3 Indian Neck Rd.

Boats on Paine Hollow – Agent Greenberg-Lemos stated she is not sure Doug Guey-Lee looked at this.

Spade foot toad news – a spawning event took place recently during heavy rain at Wesley Swamp.  John Portnoy stated the pump has been shut off for a while, but there is still concern with pumping water in Wesley Swamp.  It is illegal and pumping could suck toad eggs and larvae into the Main St. drainage system, killing them.   

John Portnoy moved to adjourn the meeting at 5:55 pm.  Roll Vote:  John Portnoy yes; John Cumbler yes; Barbara Brennessel yes; Leon Shreves yes; Michael Fisher yes; Ben Fairbanks yes; and Deborah Freeman yes.

Respectfully submitted,

Christine Bates, Committee Sec’y

Public record documents:

Dodge:  NOI applicatoin and site plan

Spar:  NOI application and site plan