Approved Conservation Commission Mtg Mins

Approved

Conservation Commission

Meeting Minutes

July 15, 2020

Remote Meeting

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

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

Mail / Discussion

Chair Freeman stated the appeal for Hoeland (1440 Chequesset Neck Rd) was filed with the court. 

Agent Greenberg-Lemos stated she receive an inquiry regarding hearing complex matters which the Commission feels needs to be addressed in person rather than on zoom.  Agent Greenberg-Lemos read the e-mail addressing shorefront protection for 11 and 21 Samoset and requesting prompt consideration arguing that 1) the project is fairly simple and 2) the original application was filed before the pandemic emergency. .   She responded with a letter  advising the applicant that the Commission considered the request but decided to  continue to wait for  the Governor’s termination of the public-health emergency; applications already filed will be considered within 45 days of that pronouncement.  Agent Greenberg-Lemos stated they could do renourishment in the meantime.    

Deborah Freeman reported there is a very small temporary looking pile of stones (looks like a temporary seawall) erected at the foot of the coastal bank on the corner of Omaha Road and the beach with painted political slogans.    Barbara Brennessel suggested contacting Ann Sterling (homeowners association) to find out who may have erected it.   It is stopping the normal sand movement. 

Agent Greenberg-Lemos stated Ann Sterling and Ann Yudowitz have expressed concern to her about the amount of traffic in the area, shell fishermen causing erosion with vehicles, boats on the grass,  parking on the road, encroachment into their driveways and into the marsh, and they have concerns for the  fresh water aquifer.  Ms Greenberg-:Lemos  stated there was a previous sticker program for kayaks and small boats which wasn’t received very well by boat owners.  We can’t do anything about parking because the land in question is privately owned.  Kayaks are being   secured  to cinder blocks because the racks wash out.  John Portnoy stated that we may in the future wish to be more prohibitive about leaving boats on otherwise stable vegetation, like salt-marsh grasses, versus beachgrass and dunes because the latter are so ephemeral; however, Ms Freeman pointed out that this distinction may be too confusing to the public.   Many of the vessels do not have town stickers or identification and could be fined.  It was suggested signs be put up stating “This area is sensitive and please take your kayak home”.  There was discussion as to who owns the land: private or Town owned.  After reviewing a map shared by Agent Greenberg-Lemos, property was identified and we would have jurisdiction over  Town- owned land.  Since it is mid-season, it would be difficult to change the rules but next spring we could come up with some action plan.  It was recommended to get the e-mail addresses of the homeowners association to explain to them the consequences of leaving kayaks and small boats/floats on the beaches.  Many of the boats are renters’ who should be told by property owners not to leave boats on the beaches/dunes.  Shell fishermen have permission to store boats seasonally on the beach but need  stickers from the Harbor Master. 

The Commission discussed various properties that have come before them and some that are in violation.

Mail – no mail short of MACC renewal.

DLTA – Agent Greenberg-Lemos notified all parties who submitted proposals of the selection of Horsley- Whitten, with whom we plan  meeting in August prior to a  regularly scheduled 4:00 PM Business Meeting. 

On zoom.) 

Jurisdictional Opinions:  none

Meeting Minutes:  John Portnoy moved to approve the amended July 1, 2020 meeting minutes:   seconded by Barbara Brennessel:  VOTE:  John Portnoy aye; John Cumbler aye; Barbara Brennessel aye; Ben Fairbank aye; Leon Shreves aye; Michael Fisher aye; Deborah Freeman aye; 7-0.

Agent Greenberg-Lemos stated she wrote  to the people heading up the State of Wellfleet Harbor Conference; she will present on the Town’s planning on climate adaptation.. 

Ben Fairbank stated that there was an article regarding Duck Creek terrapins being killed as they try to cross Main Street.  The neighbors have been seeing turtles getting run over on the road.  Barbara Brennessel stated Bob Prescott of MA Audubon would like reports of sightings of the turtles so they could possibly save the turtles or recover viable  eggs.  There are nests behind the Mobile station.   In previous years, children made signs for the highways and roads stating “turtle crossing”.   Ben Fairbank stated there is fencing at Boat Meadow Creek in Eastham that diverts turtles from the road and wondered if that is something we could do.  Barbara Brennessel stated that project included extensive time, study and money.  Barbara further pointed out how the planned replacement of the Chequesset Neck Dike with a bridge will allow turtles to traverse the river without crossing the roadway – another wildlife benefit to the restoration.  

The Commission asked about the ID’s from the police / fire dept and Agent Greenberg-Lemos  will follow up.  There was also discussion regarding conducting site visits in small groups so long as individuals travel alone.   

5:00 pm  PUBLIC HEARINGS:

Pilcher, 210 Kendrick Ave, Map 20, Parcel 29, RDA, Installation of proposed mitigation plantings and ornamental plantings, walkway and patio areas, lawn and driveway. (Cont’d)  Dylan Prince represented the applicant and shared an updated site plan which eliminated all the blue stone patio and walkway areas, eliminated one walkway in the back, reduced the amount of plantings, and moved everything north and off the Town road layout.   He stated they would like to plant Virginia rose along the fence with fescue grass and utilize shells for the driveway.  The Commission thanked Mr. Prince for the improved plans.  Portnoy pointed out that the area to be planted in fescue grass is currently open sand with scattered native plants; therefore, the Commission is being asked to allow establishment of a lawn within the 50-ft buffer. Mr. Prince stated they would be filling in the bare areas with conservation grass seed and not bring in any additional loam.  There would not be regular mowing, unlike with a lawn.  He would like to put a temporary irrigation using soakers to get the plants established.  The work will be done in the fall.  There will be no fertilizer used.  Barbara Brennessel identified the RDA as a Negative 3 with the condition no fertilizer be used and the irrigation is temporary; seconded by John Cumbler.  VOTE:  John Cumbler aye; John Portnoy no; Ben Fairbank aye; Leon Shreves aye; Michael Fisher aye; Barbara Brennessel aye; and Deborah Freeman no.   5-2   

0 Blackfish Creek, 170, 174, 180 and 186 Pleasant Point Rd., Map 35, Parcel 210, Request for Extension.   Bob Perry spoke on behalf of the project.  The 4 applicants at the Pleasant Pt addresses have not yet constructed their bulkhead and are going through the MEPA process.  It has been 1 ½ years since they were before us.  MEPA site visit was 10 days ago.  He feels that the Order  should be extended because it is a lengthy process.  He stated MEPA was looking at replacing the bulkhead with a stone revetment.  Perry reminded the Commission that the plan for the project  started out as a rock revetment and then changed to a bulkhead.  He requested a 2-year extension.  Agent Greenberg-Lemos stated it is difficult for this commission to approve because the new members are not familiar with the project and there is no history of what has been done in the past 1 ½ years.  Perry stated the applicants have been working diligently and there was a delay with the MEPA filing and it is still the same project.  Portnoy pointed out that under CZM Consistency review MEPA may require a sloped revetment, not a bulkhead; therefore, there will be a major project change for us to consider.  Agent Greenberg-Lemos read the regulations regarding extensions.  Patricia Comely of 194 Pleasant Point read a letter stating that she is not opposed to the bulkhead but has concerns about continuing severe erosion on her and her neighbors’ property.    Barbara Brennessel moved to deny the extension request; seconded by Leon Shreves.  VOTE:  Barbara Brennessel aye; John Portnoy aye; John Cumbler aye; Leon Shreves aye; Michael Fisher aye, Ben Fairbank aye and Deborah Freeman aye.  Denied 7-0. There is a current condition requiring that nourishment  be done yearly and it has not been done. 

Domski (Sandy Shoes, LLC), 135 Highmeadow Rd., Map 12, Parcel 131, RDA, replace graveled bed under deck with permeable pavers.  Eric Domski provided an overview of the project (which was originally filed as a Jurisdictional Opinion).  He wants to remove the gravel and replace it with permeable pavers under the deck and would like to place pavers or rocks on the slight incline.  The retaining walls are 2X6-inch treated boards which will be replaced with pavers and would be 3 bricks high so sand does not creep down to the permeable pavers.  There will be space between the pavers for percolation.  Agent Greenberg-Lemos stated the project is  approximately 190’ from the river, and thus near the upland limit of the regulated riverfront area.   John Cumbler identified the RDA as a Negative 3; seconded by Leon Shreves.  VOTE:  Barbara Brennessel aye; John Portnoy aye; John Cumbler aye; Michael Fisher aye; Leon Shreves aye; Ben Fairbank aye and Deborah Freeman aye.  7-0.   

Crowell, 36 Wigwam St., Map 35, Parcel 139, RDA, septic upgrade.  Jason Ellis represented the applicant and stated the current system has failed.  This will be upgraded to a Title 5 with a nitrogen removal system and will be located further away from the resources than the current system.  The system will be located just off the driveway to eliminate damage to any resources and there will be approximately 10 small pitch pines and small oaks removed.  Barbara Brennessel identified the RDA as a Negative 3 ; 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    

Provisor, 375 Cove Rd., Map 28, Parcel 33, RDA, erect 10 x 12 shed on concrete blocks.  Evan Provisor provided an overview of the project, stating this is their full-time residence.  He stated most of the property is within the flood zone and there is a flat area outside of the flood zone where he wants to place the shed.  There will be no vegetation removed.  John Cumbler identified the RDA as a Negative 2; seconded by Barbara Brennessel.  VOTE:  John Cumbler aye; John Portnoy aye; Barbara Brennessel aye; Ben Fairbank aye; Leon Shreves aye, Michael Fisher aye and Deborah Freeman aye.   7-0

Whitman, 30 Way 14, Map 9, Parcel 629, RDA, replace existing screen porch and existing decking.  David Lajoie represented the applicant and stated the dwelling is on the shore of  Gull Pond.  There are walkways around the house and they want to replace the porch and deck to the existing  exact size.  This is within 50 ft of the pond.  There will be major interior work done. There is a restrictive work limit and they will plant Cape Cod  mix if anything gets disturbed.  If any work needs to be done on the foundation, the applicant will come back to the Commission.  No heavy equipment will be used.  John Portnoy stated that any disturbed vegetation should be replaced with native shrubs, rather than grass seed, to match the existing healthy native-shrub bordering vegetative wetland.  A septic inspection will be required as part of  the work.  Barbara Brennessel identified the RDA as a Negative 3; seconded by John Cumbler.  VOTE Barbara Brennessel aye; John Cumbler aye; John Portnoy aye; Ben Fairbank aye; Leon Shreves aye; Michael Fisher aye; and Deborah Freeman aye. 7-0

Clark, 615 Chequesset Neck Rd., Map 19, Parcel 118, NOI, remove section of stairs at east side of existing deck and replace with deck extension Add new stairs to grade at west side of deck.  There was no one representing the applicant.  John Portnoy moved to continue to August 5, 2020; seconded by Leon Shreves.  VOTE: John Portnoy aye; John Cumbler aye; Leon Shreves aye; Michael Fisher aye; Barbara Brennessel aye; Ben Fairbank aye and Deborah Freeman aye.    7-0. 

Cohen and Vieira, 400 Pleasant Point Ave, Map 36, Parcel 193, NOI, install new septic system.

David Lajoie represented the applicant and stated that the property is in the buffer zone of several resource areas (surrounded by salt marshes).  This will be an Advantec system enhanced nitrogen-removal septic system.  No supply wells will be affected  at the site or on neighboring properties.  Lajoie stated there is an estimated ground water elevation separation of at least 5 feet, as required.  There is one cesspool on the property which will be eliminated.  Barbara Brennessel moved to approve the NOI; seconded by Leon Shreves.  VOTE:  Barbara Brennessel aye; Leon Shreves aye; John Portnoy aye; John Cumbler aye; Ben Fairbank aye; Michael Fisher aye; and Deborah Freeman aye.  7-0

Leon Shreves moved to adjourn at 6:30 pm; seconded by Barbara Brennessel.  VOTE  Leon Shreves aye; Barbara Brennessel aye; John Portnoy aye; John Cumbler aye; Ben Fairbank aye; Michael Fisher aye; and Deborah Freeman aye.  7-0.

Respectfully submitted,

Christine Bates, Committee Secretary

Documents:

Pilcher:  Revised site plan

0 Blackfish Creek:  Request for Extension form

Domski:  revised site plan

Crowell:  RDA application and site plan

Provisor:  RDA application and site plan

Whiteman:  RDA application and site plan

Clark:  NOI application and site plan

Cohen and Vieira:  NOI application and site plan