Approved Conservation Commission Mtg Mins

Approved

Wellfleet Conservation Commission

Meeting Minutes

May 15, 2020

Remote Meeting

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

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

Mail / Discussion

Wellfleet Conservation Trust re.  940 Chequessett Neck Road.  Denny O’Connell.  John Cumbler disclosed that he is an abutter to the Herring River area.  Denny O’Connell asked the Commission to give permission for the Herring River project for a project which would include removing some saplings for a temporary road.  The Commission holds a Conservation Restriction on the property and activity is not allowed under the Restriction.  Deborah Freeman  read the rules under “L”.  Steve  ?? stated there is not a start duration or an end.  The alternatives to this plan are significant.  Steve stated if we don’t do this, more trees would be cut down and be more disruptive to the land.  The land would be put back to the same state and Denny stated they could reduce the width of the path to 15’.  There was discussion regarding the conservation restrictions and what would be allowed.  There is currently an old cart road 9 feet wide and saplings would have to be cut (no large trees).  Mats could be placed on the road for the vehicles and removed.  Original materials will be put back or if necessary, bring in organics and get involved in the restoration process.  There would be some trees removed on the CYCC property, which is out of the Conservations Commission jurisdiction.  Deborah Freeman requested Mr. O’Connell provide a description of the materials to be used, the exact work to be performed, and a restoration and mitigation plan, including plants.  Mr. O’Connell asked the Commission to make a site visit.  Mr. O’Connell will supply paperwork prior to the May 6 business meeting.     

Kathleen Walker – Triathlon:  She thanked the Commission for last year’s event and stated there were 134 athletes last year.  Barbara Brennessel commented several people were in the resource area and if the event gets larger, it will be difficult due to parking with children getting off from school when they were finished.  Kathleen stated the permit was for 150 people and they don’t anticipate adding any more people.  She stated people were cheering for the participant’s but Barbara Brennessel stated there were people who were not connected to the race giving the athletes shoes and towels.  The Town will have discussion regarding the number of people who can gather due to the virus.  The event is planned for June 19.  If the race cannot take place on June 19 it will be October 2.  Ms. Walker asked if Dyer Pond could be included in the 2021 event instead of Great Pond.  The Commission responded Dyer Pond is smaller, there is no beach space and the pond has very fragile resources plus there is no parking there.  Dyer Pond is one of the clearest ponds on the Cape and the Commission would like to keep it that way.  The Commission requested she inform the athletes that family members are not to congregate and not go to the ponds.      

DLTA

Jurisdictional Opinions:  Agent Hillary Greenberg-Lemos issued and emergency Jurisdictional Opinion for Bob Boehenger on Cliff Road.  The deck was compromised which will be removed by hand and he will not replace it. 

Two more emergency certifications will be coming within the next week.  Beach stairs at 21 Samoset need to be replaced.  Deborah Freeman stated there are some materials stranded on a jetty in the bay at this time.  This is for beach renourishment because there is no sand around.  Agent Greenberg-Lemos stated she has informed the Shellfish Department regarding the materials near the jetty.  The owners of 21 Samoset told her they are planning on filing an NOI.  Barbara Brennessel requested the materials to replace the stairs be labeled with name and address.  

Agent Greenberg-Lemos will get a letter out regarding the shed and patio (formerly Emmons property) which was discussed at the last meeting. 

Meeting Minutes:  April 1,2002 – Barbara Brennessel moved to approve the amended April 1, 2020 meeting minutes; seconded by John Cumbler; passed 6-0.

Ben Fairbanks introduced himself and stated he is looking forward to being a member of the Commission.  .  He stated he was an Americorps member and worked in Wellfleet with Hillary
Greenberg-Lemos and also worked closely with Denny O’Connell.   

John Portnoy stated there is erosion behind the house on Holbrook (Luke Mannings house).  He stated it is threatening the wetlands with sediment. 

5:00 pm  PUBLIC HEARINGS:

SLA Nominee, 1005 Chequessett Neck Rd., Map 19, Parcel 94, NOI, Proposed replacement of an existing coastal engineering structure (Cont’d).  The applicants requested a continuation in order to be able to attend the meeting in person.  Barbara Brennessel moved to indefinitely continue the hearing; seconded by John Cumbler; passed 6-0.

Hirst, 25 Water Street, Map 30, Parcel 131, NOI, addition to house.  John O’Reilly represented the applicant and provided an overview of the project.  There is a coastal bank on the property at elevation 14.  The project consists of constructing an addition to the house and add a deck on the second floor.  John Portnoy stated this is a modest change and questioned the roofline and runoff.   Michael Fisher questioned the current permeable area which will have a roof over it and questioned what mitigation would be made.  John Portnoy stated they could plant some shrubs but feels this property is a natural state.  Barbara Brennessel stated she would like to see the total amount of disturbance on a final plan.  John Portnoy moved to approve the NOI with the condition a new site plan be provided; seconded by John Cumbler; passed 6-0.  Supervisor:  Barbara Brennessel  PH:  508-349-2347                   Agent:  508-349-0308   

Kielb,  3187 State Hwy, Map 13, Parcel 69, RDA, driveway extension, fence replacement and extension, exterior siding, window replacement, outdoor shower and construct 10 x 12 shed.  Ron Kielb had provided additional paperwork to the Commission.  He stated the driveway extension would include bringing additional sand and 4 yards of gravel, and 2 yards of topsoil on the slope.  There will be no T-base.  The Commission was concerned with the steep slope.  Garden timbers could be placed on one corner.  The extension will allow vehicles to move around and get onto Rte 6 safely.  Barbara Brennessel stated our regulations don’t allow for fill within the 50’ buffer.  It was recommended there be a retaining wall.  Shed: After explaining where Mr. Kielb wanted to locate the shed, the Commission requested the shed be placed outside the 50’ buffer zone.  Mr. Kielb explained the proposed fencing would be on the same footprint and panels and there would be 14 fence posts and 1 gate.  It would go along the property line, then be placed next to the shed and then to the house.  There will be some fencing along the highway and be placed on the ground to reduce traffic noise (which is out of the Commissions jurisdiction).  The Commission recommended openings at intervals to allow wildlife to pass through.  Mr. Kielb wants to remove the willow tree and add native plantings.  He wants to make clones of the willow tree for a tree line.  He is working with his abutter and some of the plantings would be on that property as well.  He stated there is a dead locust tree on the abutters’ land and  would like to cut it down and removed offsite.  The poison ivy would be treated with an herbicide and after the knotweed is removed, he is concerned it will take over the area.  It was recommended the poison ivy could be pulled out by hand.  He reviewed the work to be done on the dwelling.  The outdoor shower will have 3 six feet high walls and the water will be diverted into the dry wells.  Mr. Kielb stated there is a tree that has damage and he contacted Ever Source and they stated they do not do anything with trees unless it is within 8 feet of electrical wires.  Knotweed:  Mr. Kielb stated he had discussed knotweed with several authorities.  He stated there is approximately 3,000 square feet of knotweed and they would be using Round Up Plus (?).  One application will be done in the fall.  He wants the knotweed to grow and then cut it to the ground in June.  This will be a multi-year project.  He stated they were originally going to do stem injection and there are too many to do.  He is working with a licensed herbicide applicator.  Agent Greenberg-Lemos recommended he file and include the abutter to the file.  Much of the work is on the abutter’s property.  She also recommended he bring in a licensed herbicide applicator.  John Portnoy identified the RDA as a Positive 1 which requires a Notice of Intent be files; seconded by Barbara Brennessel; passed 6-0. 

Michael Fisher moved to adjourn at 6:20 pm; seconded by John Cumbler; passed 6-0.

Respectfully submitted,

Christine Bates, Committee Secretary

Public Record Documents

Hirst:  NOI application and site plan

Kielb:  RDA application and drawings