Approved Conservation Commission Mtg Mins

Meeting date:

Wednesday, July 15, 2020

Approved

Wellfleet Conservation Commission

Meeting Minutes

August 5, 2020

Remote Meeting

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

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

Mail / Discussion

We received the current newsletter from Wellfleet Conservation Trust.

Copy of two letters sent from Agent Greenberg-Lemos regarding violations were also in the mail.

Chair Deborah Freeman stated the Kielb application would not be heard tonight because the application was not stamped in or received in a timely manner. It would be heard on August 19. An apology for the delay was extended.

New social path - Barbara Brennessel stated the path is not on Conservation Trust land but under a Conservation Restriction with the Commission. A path in this area has been used by recreational shell fisherman; however, a new path has been formed which is going over a fragile coastal bank. It is a shortcut to Indian Neck Beach from the Burton-Baker Beach side. Agent Greenberg-Lemos suggested that a split-rail fence, barricade or signage be placed in the area. Doug Guey-Lee will make a site visit.

A contract with Horsley Witten for assistance in revising environmental regulations, especially considering climate change, needs to be approved by the Select Board; this work is funded by the DLTA grant. Agent Greenberg-Lemos would like to have a special meeting with HW. Barbara Brennessel suggested forming a subcommittee to work together to finish edits to the revised Wellfleet Environmental Protection Bylaw. Deborah Freeman, John Portnoy and Michael Fisher volunteered to be on this subcommittee. John Portnoy stated it seems the basis for decision making on how we treat the 50’ buffer is different among members of the Commission and we need consistency. Agent Greenberg-Lemos stated two meetings are scheduled with Horsley Witten and there could be a discussion on this. Again, the Commission commented on how awkward it is to have zoom meetings. The subcommittee is for the bylaws, not regulations. Agent Greenberg-Lemos stated that the Commission needs[.1] to see what is legally defensible which must be in line with state regulations. The Commission’s regulations can be the same or more restrictive than the State regulations. The subcommittee will meet and provide a draft to Agent Greenberg-Lemos.

Jurisdictional Opinions: No Jurisdictional Opinions.

To date, no response has been received for the Way 60 (Map19:14) violation letter re an unpermitted shed.

Agent Greenberg-Lemos stated she is about send to letters to property owners near Herring River announcing baseline pre-restoration well-water testing.

Testing is being performed by APCC in all Wellfleet ponds with Town beaches for toxic cyanobacteria. To date, none have been found.. The results are posted on the APCC website so people are aware. Homeowners can also contact APCC for testing in front of their properties. Agent Greenberg-Lemos is not aware if testing has been done at Mayo Creek.

John Portnoy moved to approve the amended July 15, 2020 meeting minutes; seconded by John Cumbler: Vote: John Cumbler aye, John Portnoy aye, Barbara Brennessel aye, Leon Shreves aye, Michael Fisher aye, Ben Fairbank aye, and Deborah Freeman aye. 7-0

A discussion regarding boats being left on the beaches / dunes by homeowners or renters took place and Agent Greenberg-Lemos stated it is too late to fine people this year. If the kayak racks are washed away and boats are left on dunes and beaches next summer, their owners will be fined. If the racks stay, people can keep their boats on them. Boats left by shellfishers are permitted by and must have stickers from the Harbor Master/Shellfish Dept. Doug Guey -Lee and Agent Greenberg-Lemos will perform the visits and issue fines.

4:55 pm The business meeting was resumed and Chair Deborah Freeman suggested putting Stantech on the next business agenda regarding Route 6 and Main Street road construction. Some of the work would be in our jurisdiction and they are aware they will have to come before the Commission. John Portnoy suggested Agent Hillary Greenberg-Lemos be in contact with the DOT and find out if any progress has been made on their promised assessment of partial tidal restoration into Hawes Pond.

Public Hearings: 5:00 pm

Lanza, 113 4th Street, Map 40, Parcel 118, Certificate of Compliance. Pate Steele represented the application. He stated everything is in compliance and the construction was within the guidelines. Agent Greenberg-Lemos confirmed it is in compliance. Michael Fisher moved to approve the Certificate of Compliance; seconded by Barbara Brennessel. VOTE: John Cumbler aye, John Portnoy aye, Barbara Brennessel aye, Leon Shreves aye, Michael Fisher aye, Ben Fairbank aye, and Deborah Freeman aye. 7-0

Coser and Perrin, 210 Buttry Way, Map 16, Parcel 628, Certificate of Compliance. Tim Dickey, contractor, represented the applicant and stated everything is in compliance. A letter from David Lajoie stated it is in compliance and John Portnoy, the supervisor, stated the work was done in compliance. John Portnoy moved to approve the Certificate of Compliance; seconded by John Cumbler. VOTE: John Cumbler aye, John Portnoy aye, Barbara Brennessel aye, Leon Shreves aye, Michael Fisher aye, Ben Fairbank aye, and Deborah Freeman aye. 7-0

Crowell, 36 Wigwam St., Map 35, Parcel 139, RDA, hand trimming for vista relief. Gordon Peabody represented the applicant and stated no trees or limbs will be taken down. All work will be done by hand and they would have to come back to the Commission if any further work was to be performed in future. Peabody stated that work will be limited to removing 6-12 inches of vertical shrub growth within the mapped view corridor. Peabody stated it is a very limited area and the project will be photographed as it progresses. Barbara Brennessel identified the RDA as a Negative 3 with limitation ; seconded by Michael Fisher. VOTE: John Cumbler aye, John Portnoy aye, Barbara Brennessel aye, Leon Shreves aye, Michael Fisher aye, Ben Fairbank aye, and Deborah Freeman aye. 7-0

Wei, 40 Hiawatha Rd., Map 28, Parcel 176, RDA, After the fact filing: driveway grading. Damon Wei stated the driveway had fallen into disrepair with rutting and erosion. They added topsoil to the area, performed grading, and planted vegetation. A backhoe was used. He stated that they rent their property and the driveway was causing damage to cars. Michael Fisher noted that a request for a Jurisdictional Opinion toperform this alteration was previously filed in 2018 for the same work and the Commission informed Mr. Wei then that he had to file an RDA or NOI with the Commission. The Commission expressed concern that Mr. Wei did the work without filing with the Commission. He was directed to file a NOI and include a site plan identifying the buffer zones (100’ and 50’), identify the previous size of the driveway and the current size of the driveway, identify what materials were used for the driveway as the Commission is concerned with the use of a t-base, as well as what was used for the grading. Mr Wei is also required to identify the vegetation that was removed and what was replaced. A fine for an RDA would be $300. Barbara Brenessel moved to issue a positive RDA determination, requiring the applicant to file a full NOI, in this case post facto. ; Mr. Wei was asked to have his contractor come to the meeting to discuss the work performed as well as to identify the plants both removed and planted. . The motion was seconded by John Portnoy: VOTE: John Cumbler aye, John Portnoy aye, Barbara Brennessel aye, Leon Shreves aye, Michael Fisher abstaining , Ben Fairbank aye, and Deborah Freeman aye. 6-0-1

Clark, 615 Chequessett Neck Rd., Map 19, Parcel 118, NOI, remove existing deck at east side of existing deck and replace with deck extension. Brigid Williams and Rachael Sampson, architects for the project, represented the applicant. Brigid Williams gave an overview of the project, stating the existing deck is in disrepair and they want to add a stair on the western side of the decking. Due to the elevation of the land, there will be a shorter stairway on the west side of the decking. They want to add 3 to 4 sonotubes within the footprint of the existing staircase. All work will be performed by hand. The existing stair area is approximately 72 sq. ft. within the buffer zone; the new stairs will occupy 76 sq. ft. The disturbed area between the deck and the shoreline will decrease with the newly positioned stairway. Michael Fisher moved to approve the NOI; seconded by Barbara Brennessel. VOTE: John Cumbler aye, John Portnoy aye, Barbara Brennessel aye, Leon Shreves aye, Michael Fisher aye, Ben Fairbank aye, and Deborah Freeman aye. 7-0 John Cumbler will be the supervisor.

Agent Greenberg will leave the signature pages in the bin at DPW.

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

Respectfully submitted,

Christine Bates, Committee Secretary

Papers submitted:

Lanza: Request for Certificate of Compliance

Coser and Perrin: Request for Certificate of Compliance

Crowell: RDA application and photographs

Wei: RDA application and back-up materials

Clark: NOI application, site plan and drawings

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