Approved Conservation Commission Mtg Mins

Meeting date:

Wednesday, June 17, 2020

Approved

Conservation Commission

Meeting Minutes

June 17, 2020 4:00 pm

Remote Hearing

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

4:15 - Business Meeting & Conservation Agent's Report

Mail / Discussion

40 Hiawatha and area– Agent Greenberg-Lemos has received 2 complaints regarding brush and debris. Also, Deborah Freeman reported grading has taken place as well as some hardener being used on a driveway within Commission jurisdiction. Agent Greenberg-Lemos will send violation letters. She stated a Jurisdictional Opinion had been filed previously, but more information was required, so no permit or permission has been granted.

Mail: no mail. Agent Greenberg-Lemos stated an environmental notification for Pleasant Point is in the works. More time is needed for work along Pleasant Point.

DLTA: Agent Greenberg-Lemos is reviewing the qualifications of two contenders and asked the Assistant Town Administrator for assistance. A third proposal, initially submitted without a budget, came in higher than the other two.

Jurisdictional Opinions

Herbert and Grace Stanley, 260 Bayberry Lane, remove 2 dead large pine trees close to home. Agent Greenberg-Lemos stated the trees are dead and have beetle problems and should come down to protect people and structures. John Cumbler moved to approve the Jurisdictional Opinion; seconded by Leon Shreves. Vote: John Cumbler aye, Leon Shreves aye, Barbara Brennessel aye, John Portnoy aye, Ben Fairbank non vote, Michael Fisher aye, and Deborah Fisher aye. 6-0

Meeting Minutes

John Portnoy moved to approve the amended June 3, 2020 meeting minutes; seconded by John Cumbler. Vote: John Portnoy aye, John Cumbler aye, Leon Shreves aye, Barbara Brennessel aye, Michael Fisher aye, and Deborah Freeman aye. 6-0 Ben Fairbank was unable to vote due to interruptions in the Zoom connection.

John Cumbler questioned if anything had been done at Way 60 (Map19:14) regarding the construction of a shed and Agent Greenberg-Lemos stated a letter was sent to them and she is waiting to hear back.

A new Zoom link for this meeting was gotten because the original number was not valid.

Deborah Freeman stated that there appears to be a recent increase in violations by people who are both year-round and summer people. She would like to talk to the contractors about advising clients of the need for Commission approval of work near any resources. Agent Greenberg-Lemos stated that we see a handful of such violations each spring and summer, which will probably continue.. The Conservation Department will send violation letters and impose fines. Both the homeowner and contractor can be fined. If a Commissioner sees violations, an image could be sent to each member but there can be no discussion regarding it. Agent Greenberg-Lemos will follow up if any action is required.

Sand is washing away from the coastal bank at the Michelson dwelling at 21 Samoset Rd. Agent Greenberg-Lemos stated information on sand transport has been gathered from Eastham to Provincetown by the Provincetown Center for Coastal Studies (PCCS) The Commission agreed they would like to talk to an expert regarding nourishment and how it impacts the habitat, and in particular, Egg Island and the harbor. Agent Greenberg-Lemos is in contact with the Shellfish Warden who stated she has not seen any impact yet. The Commission would like to have Mark Borelli come to a meeting. Agent Greenberg-Lemos stated that recordings of Zoom meetings are on the Town Website under CZM and recommended everyone view them. John Portnoy stated our objective is to save intertidal and subtidal habitat throughout the areas and not just the coastal bank on one single property. There was discussion regarding short-term rentals and Agent Greenberg-Lemos stated that the Conservation Commission does not have any jurisdiction regarding that. The Board of Health reviews septic systems and cesspools. The Commission stated their concern is the migration of nutrients and toxic materials into wetlands. There was a question whether owners with dwellings on out-of-date septic systems (cesspools) need to get permission for short-term rentals. Agent Greenberg-Lemos suggested that the Commission write a letter to the Board of Health supporting a new regulation requiring enhanced nutrient removal for septic systems within 300 feet of a wetland or surface-water body. . John Cumbler moved to send a letter from the Commission to the Board of Health supporting the adoption of such a regulation. ; seconded by Barbara Brennessel; vote; Barbara Brennessel aye, John Cumbler aye, John Portnoy aye, Leon Shreves aye, Michael Fisher aye, Ben Fairchild aye, and Deborah Freeman aye 7-0.

Deborah Freeman stated she has been seeing Diamondback Terrapins and Barbara Brennessel stated that is good and their conservation efforts are working. Barbara also stated the horseshoe crabs are not doing as well.

Barbara Brennessel moved to close the business meeting at 4:55 pm; seconded by John Portnoy; vote: Barbara Brennessel aye, John Portnoy aye, John Cumbler aye, Ben Fairbank aye, Leon Shreves aye, Michael Fisher aye and Deborah Freeman aye. 7-0

5:00 pm PUBLIC HEARINGS:

Hazzard, 100 Bond St., Map 36, Parcel 104, RDA, Replace and relocate shed. Katherine Hazzard stated the original shed was built over 40 years ago and is located near the marsh. She wants to do planting where the existing shed is and would like to move the shed away from the resource. The site was not staked when several of the Commissioners made a site visit. John Portnoy stated we are not permitting new structures within 50 feet of the resources and she responded it would be 62 feet from the edge of the marsh, located further back and at a higher elevation. The Commission agreed they would like to see a new site plan identifying the total square footage of the property that is disturbed, how the shed will sit on the ground, and what will happen to the existing shed. John Cumbler stated this shed would be considered a new shed, not a replacement. John Cumbler moved to continue to July 1, 2020; seconded by Barbara Brennessel. Vote: Barbara Brennessel aye, John Cumbler aye, Leon Shreves aye, Michael Fisher aye, Ben Fairbank aye, John Portnoy aye and Deborah Freeman aye 7-0.

Rheault, 735 Chequessett Neck Rd., Map 19, Parcel 112, NOI, build minor addition to reconfigure entryway. Selective pruning of black locust above stone revetment (sea wall)

Dave Bennett represented the applicant and stated the addition will be 51 sq. ft. which is currently occupied by decking. A licensed arborist will be trimming the black locust tol[.1] make the trees fuller and less prone to blowing over. Otherwise [.2] there will be no change to presently stable vegetation on the coastal bank. If unattended, the trees could be uprooted and destabilize the revetment. A photograph was shared of the trees and bank. A certified arborist has not been chosen to date. The oaks among the locust will also have selective pruning. Work will be performed by hand and materials would be cleared from the bank. It was noted that the plan and the narrative did not agree on the size of the addition; therefore the Commission requested a revised plan. The plan should also include the number of trees being pruned and indicate the the method of removal. The arborist needs to write a letter to the Commission stating what and how many trees will be pruned. The addition will not create any additional disturbance on the property. John Cumbler moved to approve the NOI with the condition a letter is presented as well as a revised plan; seconded by Leon Shreves. vote: Barbara Brennessel aye, John Cumbler aye, John Portnoy aye, Leon Shreves aye, Michael Fisher aye, Ben Fairbank aye and Deborah Freeman 7-0 Supervisor: Barbara Brennessel

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 recused himself as a member of the Wellfleet Conservation Trust. Don Monroe represented the Spars. A letter was received from Natural Heritage, approving the revetment extension. Monroe provided an overview of the project. Barbara Brennessel questioned if the Shellfish Warden had responded regarding the nourishment. Don Monroe stated they had received permission from the Conservation Trust. He stated renourishment was performed on several of the abutting properties, and the Commission can work with Nancy Civetta, the Shellfish Warden, to determine the amount of renourishment. He stated he monitors the area. John Cumbler recommended that if, in consultation with the Shellfish Warden and the Agent Greenberg-Lemos, a better location is identified for placement of sand, then it be added as a condition. Monroe questioned if the alternative site was the spit off Indian Neck; Mr. Cumbler replied that nourishment should go where it’s most appropriate for the benefit of the wetland resources. Barbara Brennessel stated most of the renourishment gets washed away and the Commission needs to know where sediment is going. John Cumbler moved to approve the NOI with conditions; Leon Shreves seconded vote: Leon Shreves aye, John Cumbler aye, John Portnoy aye, Ben Fairbank aye, Barbara Brennessel aye, and Deborah Freeman aye. 6-0-1 Supervisor: Agent

Michael Fisher moved to adjourn at 6:45; seconded by Barbara Brennessel, vote: Barbara Brennessel aye, Michael Fisher aye, Ben Fairbank aye, John Cumbler aye, John Portnoy aye, Leon Shreves aye and Deborah Freeman aye 7-0

Respectfully submitted,

Christine Bates, Committee Secretary

Paperwork:

Hazzard: RDA paperwork and site plan

Rheault: NOI application, planting plan, site plan and building plans

Spar: NOI application, site plan, photos