Approved Conservation Commission Mtg Mins

Meeting date: 
Wednesday, June 3, 2020

Approved 

Wellfleet Conservation Commission

Meeting Minutes

June 3, 2020

Remote Meeting

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

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

Commissioner’s expressed concerns with the difficulties (poor internet connections, inability to connect, inability to have video function, etc.) of reviewing complex applications in remote meetings on Zoom.   Agent Greenberg-Lemos stated the hearings scheduled for today’s meeting will go forward if possible.  Chair Freeman stated the Commission will only consider easy applications at this time during the pandemic and deal with the more difficult hearings when it can discuss site plans and other pertinent information in person with  the applicant..  John Portnoy so moved; seconded by Michael Fisher.  Vote:  Michael Fisher aye, Ben Fairbank aye, Leon Shreves aye, Barbara Brennessel, Michael Fisher aye, Ben Fairbank aye, and Deborah Freeman aye  7-0

Mail / Discussion:  no mail

DLTA project to revise regulations:  Agent Greenberg-Lemos has received proposals from  APCC, Horsley Witten Group, and SWCA Environment Consultants.  The Commissioners discussed the knowledge the firms have with Wellfleet.  APCC has worked with the Town in the past.  Pricing was discussed and Agent Greenberg-Lemos will discuss the applications with  other Town staff.  The Commission discussed the experience and personnel of APCC and felt they are the most compatible and experienced with the Town.  The Commission stated that we are not required to recommend the lowest-bid proposal for Town contracting.  The Cape Cod Commission has already signed the contract and we will need approval signatures for the contract from the Town.  John Portnoy moved to recommend that APCC  be hired develop the regulations contingent upon Town Hall’s approval; seconded by Leon Shreves.  Vote:  John Cumbler abstaining, John Portnoy aye, Barbara Brennessel aye, Ben Fairbank aye, Leon Shreves aye, Michael Fisher aye, and Deborah Freeman aye.  6-0-1.

Jurisdictional Opinions

 Barbara Nestle, 65 Holbrook Ave.  Map 6, Parcel 170, extreme problem with Japanese knotweed near the foundation of the dwelling.  The Applicant would like to remove the knotweed close to the foundation.  Under the Applicant’s plan, it will be cut to the ground and covered with  filter fabric.  Ms. Nestle provided an overview of the project.  Barbara Brennessel moved to approve the Jurisdictional Opinion; seconded by Leon Shreves.  Vote:  Michael Fisher aye, Ben Fairbank aye, John Cumbler aye, John Portnoy aye, Leon Shreves aye, Barbara Brennessel aye, and Deborah Freeman aye.  7-0    

Evelyn Yudowitz, 75 Omaha Road, Map 28, Parcel 189, place posts and a chain blocking her driveway to stop  turnarounds.  This is a private road and people are turning around in her driveway.  Barbara Brennessel stated that there is no other turning area on the road.  It was suggested that DPW put signage on the road indicating no turn-arounds allowed.  Leon Shreves moved to approve the Jurisdictional Opinion; seconded by John Cumbler.  Vote:  John Cumbler aye, Michael Fisher aye, Ben Fairbank aye, John Portnoy aye, Barbara Brennessel abstaining, Leon Shreves aye, Deborah Freeman aye 6-0-1

Ron Kielb Jr, 3187 State Highway, Map 13, Parcel 69.   Cut knotweed to ground by hand and remove by hand.  This will be only on his property.   It was recommended he consider using either black tarp or filter fabric to cover the roots, although the Commission is not authorized to direct the project.    John Cumbler moved to approve the Jurisdictional Opinion; seconded by Michael Fisher.  Vote:  Leon Shreves aye, Barbara Brennessel aye, John Portnoy aye, Ben Fairbank aye, Michael Fisher aye, John Cumbler aye, and Deborah Freeman aye.   7-0

 Sandy Shores, Meadow Pine Road, replace existing gravel bed under existing deck with permeable pavers.  This is an L shaped area.  Remove gravel, apply t-base and sand.  Deborah Freeman was against the use of t-base and would like to see documents and plans.  This is located in the river front area.  Agent Greenberg-Lemos stated they want to use this as an exercise area as it would be a more stable surface.  John Portnoy moved to deny the Jurisdictional Opinion; seconded by John Cumbler.  Vote:  John Portnoy aye to denial, John Cumbler aye to denial, Barbara Brennessel aye to denial, Ben Fairbank aye to denial, Leon Shreves aye to denial, Michael Fisher aye to denial, and Deborah Freeman aye to denial.  Agent Greenberg-Lemos will advise the applicant to file a Request for Determination.

Marisa Picarrielo, 299 Gull Pond, Map 8, Parcel 48  Construct chicken coop and open area for a run.  Barbara Brennessel recused herself.  Agent Greenberg stated she felt this also might need a Request for Determination.  The Commission was concerned with nitrogen from chicken waste going into Eel Creek and wants to see a site plan showing  how close to the resource it will be.  John Portnoy moved to deny the Jurisdictional Opinion.  Vote:  Michael Fisher aye to deny, Ben Fairbank aye to deny, Leon Shreves aye to deny, John Portnoy aye to deny, John Cumbler aye to deny and Deborah Freeman aye to deny.  6-0

Al Kraft, 580 Old Chequessett Neck Road, Map 19, Parcel 601  Removal of two trees to avert their falling on  his dwelling as well as to provide additional light to the solar panels.  One tree is 12” and the other is 14” diameter.  John Cumbler moved to approve the Jurisdictional Opinion; seconded by John Portnoy.  Vote:  Michael Fisher aye, Leon Shreves aye, Ben Fairbank aye, John Cumbler aye, John Portnoy aye, Deborah Freeman aye  6-0.

USGS, Mayo Creek, research work for Phragmites.  Install a 1” diameter pipe for monthly greenhouse gas sampling.  The application did not identify the owners of the property where the research would be performed.  John Cumbler moved to approve the Jurisdictional Opinion with the condition that the USGS acquire permission from the subject property owners and provide a report to the Town when the project is completed; seconded by John Portnoy.  Vote:  Leon Shreves aye, Barbara Brennessel aye, John Cumbler aye, Ben Fairbank aye, Michael Fisher recused himself, John Portnoy aye and Deborah Freeman aye  6-0.

John Cumbler questioned if a regulation could be put into place requiring septic systems to be alternative or I/A systems if they are to be located within 300 feet of wetlands.  Agent Greenberg-Lemos stated that the Commission could work with the regulation’s consultant and Board of Health together to develop such a new regulation.

Deborah Freeman received a complaint from people living near Indian Neck Beach where Hiawatha intersects with the beach.  There is debris piled there and the bank is crumbling.  The people complaining wanted to know who owns the bank.  They have been  moving chunks of asphalt trying to clean up the area.  Agent Greenberg-Lemos stated this is not an easy solution as there is a town path to the beach.  When Stossel put in the revetment, he was to maintain the path.  Deborah Freeman requested this be addressed at a future meeting.  The salt marsh is getting smaller.  Anne Yudowitz stated she lives opposite this location and people are driving in the salt marsh.

Deborah Freeman stated she is renewing her membership for the Conservation Commission if the Selectboard approves her and asked if anyone would want to replace her as the Chair.       

Meeting Minutes – to be addressed at the next meeting.

5:05 pm  PUBLIC HEARINGS:

Johannet, 35 Chequessett Bluff, Road, Map 20, Parcel 37, RDA, remove invasive species and replant with native plants  Cont’d  Barbara Brennessel recused herself.  Ms. Johannet gave an overview of the new paperwork she submitted to the Commission, identifying the number of plants to be removed, what they were to be replaced with, and the size of the proposed replacement plants.  The Commission is in agreement that this is a good project.  John Cumbler moved to approve the RDA; seconded by John Portnoy.  Vote:  John Cumbler aye, John Portnoy aye, Ben Fairbank aye, Leon Shreves aye, Michael Fisher aye, and Deborah Freeman.  6-0. 

Young, 140 Commercial St., Map 21, Parcel 86, Certificate of Compliance  Agent Greenberg-Lemos stated the building has been demolished and the restoration of the area has been completed.  Barbara Brennessel moved to approve the Certificate of Compliance; seconded by Michael Fisher.  Michael Fisher aye, John Cumbler aye, John Portnoy aye, Leon Shreves aye, Ben Fairbank aye, Barbara Brennessel aye, and Deborah Freeman aye  7-0.

Shaderowfsky, 77 Samoset Ave., Map 28, Parcel 114, NOI, beach renourishment.  Charlie Agro represented the applicant and he stated this application is for 40 cubic yards of sand for renourishment.  Repairs have been performed on the concrete seawall over several years but the wall still has .  Water ponds behind the wall and sediment flows from behind the wall onto the beach.  5 to 10 cubic yards of sand was placed there last year for renourishment, but this year erosion increased in the area.  It was noted the stairs are in bad shape and they would have to file a new NOI for any repairs.  There was discussion regarding past renourishment.  Mr. Agro stated the wall is stable but a storm could cause the wall to fail  as it was constructed in the 1970s.  The Commission recommended placing the sand behind the wall.  Nancy Civetta, Shellfish Constable, recommended looking at the tide charts before placing any sand to avoid periods during high spring tides.  Mr. Agro stated that work would be performed at low tide and access would be from Nauset Road.  Material will be stockpiled at end of the road and a mini excavator will be used to transport the sand.  Coastal Engineering will get in touch with the DPW for use of the road and work will not be performed on Wednesday or Sunday to avoid recreational shellfishing.  John Cumbler moved to approve the NOI with the condition that the applicant returns to the Commission for permission for any future renourishment. ; seconded by Leon Shreves.  Vote:  Barbara Brennessel aye, Michael Fisher aye, John Cumbler aye, Leon Shreves aye, Ben Fairbank aye, John Portnoy no, and Deborah Freeman aye.  6-1  Supervisor:  Doug Guey-Lee.  This Order of Conditions is valid for 3 years. 

Spar, 0 off Bay View Ave and 30 Bay View Ave., Map 35, Parcels 212 and 34, NOI, proposed rock revetment extension and return (Cont’d)  Don Monroe stated they had not received a letter from Natural Heritage.  John Cumbler moved to continue to June 17; seconded by Barbara Brennessel.  Vote:  Michael Fisher abstained, John Cumbler aye, John Portnoy aye, Barbara Brennessel aye, Ben Fairbank aye, Leon Shreves aye and Deborah Freeman aye; 6-0-1. 

Michael Fisher moved to adjourn at 5:45 pm; seconded by John Cumbler.  Vote:  Michael Fisher aye, John Cumbler aye, Ben Fairbank aye, Barbara Brennessel aye, Leon Shreves aye, John Portnoy aye, and Deborah Freeman aye; 7-0.

Respectfully submitted

Christine Bates, Committee Secretary

Papers submitted for the Hearings:

Johannet – revised planting plan

Young – Request for Certificate of Compliance

Shaderowski – NOI application, site plan and photograpahs

Spar – no new paperwork