Approved Conservation Commission Mtg Mins
Approved
Wellfleet Conservation Commission
Meeting Minutes
August 19, 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
Way 60: Agent Greenberg-Lemos and Doug Guey-Lee made a site visit to the property and discovered the mailing address was incorrect so the owner never received the violation letters. The owner stated he didn’t know he couldn’t have a shed and apologized. He will file an after the fact application. Agent Greenberg-Lemos stated that the property was subdivided shortly after[.1] the Commission approved the new house construction - a situation that should be addressed in the current revision of our environmental regulations.
Chair Freeman asked if Mr. Wei had filed any paperwork after the last meeting and Agent Greenberg-Lemos will follow up. Chair Freeman stated she would like a letter to go to Mr. Wei and tell him he must file within 30 days. The fine would be $300 per day for not filing.
The contract was signed between the town and Horsley Witten last Tuesday. Agent Greenberg-Lemos suggested we meet with them at the business meeting on September 2, 2020 at 4:00. Barbara Brennessel recommended that we have a meeting with the new Town Administrator Maria Broadbent to bring her up to date on environmental issues under our purview. Agent Greenberg-Lemos stated that she has met with her and will ask her to join a future zoom meeting.
Public Access Committee – if anyone is interested in joining, you need to fill out an application and submit it to the Select Board.
Stantec – Rte 6 and Main Street: Agent Greenberg-Lemos reported that they are still working on the intersection and she had a conversation with Stantec about the culvert going to Hawes Pond. However, when the plans came in, there was no mention of the culvert. She will tell Stantec we need information on the culvert before we have a hearing. Barbara Brennessel asked if this has to go to Natural Heritage because diamondback terrapins, seeking upland nesting sites, are being run over on Main Street, a problem that may be averted if a berm were included in the plan.
Jurisdictional Opinions - none
Meeting Minutes: John Portnoy moved to approve the August 5, 2020 amended meeting minutes; seconded by Barbara Brennessel. VOTE: John Portnoy aye, John Cumbler aye, Ben Fairbank aye, Barbara Brennessel aye, Michael Fisher aye, Leon Shreves aye and Debby Freeman aye. 7-0
John Cumbler asked about the work being done at 715 Chequessett Neck Road and Barbara Brennessel stated everything is according to the Order of Conditions.
John Cumbler asked if work was permitted for 945 Chequessett Neck Rd. John Portnoy noted that the beaches and marshes along this shoreline appear to be starved of sediment, and the renourishment of just 30 shoreline feet, the requirement for this revetment project, is unlikely to remedy the problem. John Cumbler cautioned that we need to know where renourished sand is going to avoid unnatural sand accumulation elsewhere. Debby Freeman asked Agent Greenberg-Lemos to provide a map of the area so the Commission can review the renourishment taking place at various locations and to identify where the beach and marsh are being eroded. Hillary suggested that we ask Cape Cod Extension Coastal Geologist Greg Berman to assess the situation and advise whether more renourishment is in fact needed along this stretch of coast.
Michael Fisher stated that the Wellfleet Conservation Trust wrote a letter to the Commission regarding kayaks and boats being left on Town property as well as Trust property. The Trust performed a site visit and all kayaks/boats left on the beach were tagged with a notice stating that they must be moved from Town and Trust property. He stated that some boat owners have asked the Trust to give them more time before removing their boats. Barbara Brennessel stated some shell fishers and aqua-culturists are leaving their skiffs on public land near their grants; she would like to see stricter bylaws to ensure minimal harm to marsh and dune vegetation. Debby Freeman requested information regarding shell fishermen’s rights leaving their vessels on Town and Trust property. Agent Greenberg-Lemos stated she believes that if there is a sticker from the Harbormaster , then shell fishers are allowed to leave vessels on town- owned land. Agent Greenberg-Lemos recommended having a meeting with the Harbormaster and the Shellfish Constable on Sept. 16. Michael will report back on the Conservation Trust activity and how many boats/crafts were placed at other locations. He stated they have advised the police if anyone reports boats missing.
Barbara Brennessel thanked the subcommittee (Freeman, Fisher and Portnoy) for their work on the revised by-laws. We discussed the heat island effect. The subcommittee struck on some topics and questions for Horsley Witten as they help us revise our environmental regulations: 1) the need to inform applicants that the Commission will be looking at the entire property for conformance with current wetland-protection regulations; 2) concerns for the cumulative disturbance of piece meal alterations; over the years; 3) the advisability of reducing maximum total land disturbance from the current 5,000 sq ft; 4) the need to consider vegetation as well as wildlife; 5) clarification of the Commission’s relationship with the Open Space Committee relative to “ownership” and stewardship of town-owned conservation land; 6) the need for regulating nutrient discharge in wastewater within 300 ft of wetlands in the interest of mitigating eutrophication; and 7) the need to limit private groundwater withdrawal in areas sensitive to saltwater intrusion and/or limited freshwater supply.
John Cumbler is concerned about outdoor showers located within 100 feet of a wetland and discharge into groundwater. His concern is nutrient discharge. Ben Fairbank added that soaps are also a problem. Agent Greenberg-Lemos pointed out that, if outside showers were connected to septic systems, then the showers would have to be roofed to capture rain and snowmelt; (the extra volume could impair wastewater treatment?-JP) We normally ask for dry wells, which does not take care of the nitrogen from urine and chemicals from soaps and other products . This is another topic to discuss with Horsley Witten. Agent Greenberg-Lemos stated that the Town of Dennis tried to place stricter bylaws on outdoor showers and it was not received well or implemented.
Michael Fisher questioned whether regulations should address both the vertical and horizontal distance within the 100ft buffer zone. He stated he and Barbara Brennessel went to a buffer zone workshop and there was the discussion about “one size fit all” or are there other rules depending on the property. Leon Shreves pointed out that one would have to understand the site-specific hydrology. Agent Greenberg-Lemos stated ponds are more susceptible. This will be discussed with Horsley Witten.
Signature sheets – get back to Chris in a timely manner.
5:00 pm Public Hearings:
Douglass, 925 Chequessett Neck Rd., Map 19, Parcel 100, RDA, Interior and exterior alterations
Mr. Douglass, Teresa Sprague. and David Lajoie presented the application. David Lajoie gave an overview of the project giving a description of the property. The proposed work, which will be performed by hand, is to replace roofing, siding, trim and doors. Construction debris will be removed to a dumpster. The swimming pool is empty at this point in time. The well is located across the street. Michael Fisher stated he had to recuse himself since the applicant’s property abuts Wellfleet Conservation Trust property. Ms. Sprague stated there will be no vegetation removed and there will be very little disturbance within the resource area. John Cumbler identified the RDA as a Negative 3; seconded by Barbara Brennessel VOTE: John Cumbler aye, John Portnoy aye, Leon Shreves aye, Ben Fairbank aye, Barbara Brennessel aye, Michael Fisher recused, and Debby Freeman aye. 6-0-1
Van Cleave, 489 State Hwy, Map 42, Parcel 129, RDA, remove 13 trees. Ms. Van Cleave gave an overview of the project, stating trees 1-7 are hazardous; #8 is uprooted and is threatening a power line, #9 is leaning towards the building, #10 has a light lean, #12 and 13 are leaning towards the building and showing rotting at the base of the trees. 1-5 are red oak, 6 is white oak, 7 red oak, 9 red oak and the rest are black locust. (Just a note that I have it on good authority that there are few if any Northern Red Oaks (Quercus rubra) on Cape Cod. They are probably Black Oak (Quercus velutina) Michael Fisher stated there is a large pile of miscellaneous materials located by tree 7. Ms. Van Cleave stated they were painting the back of the house and they are moving materials around. The Commission requires that all materials be removed from the buffer zone. The bathtub in the back yard needs to be removed outside of the buffer zone. John Portnoy asked why trees 6 and 8 have to be removed and Ms. Van Cleave stated they are a threat to the house and are very tall trees. It is required that the trees be flush cut with no stump removal or ground disturbance. The permit would be good for 3 years. The Commission also told Ms. Van Cleave that 6 native shrubs would have to be planted between tree #6 and tree #8 within the 50’ filter strip. Michael Fisher identified the RDA as a Negative 3; seconded by John Cumbler VOTE: John Cumbler aye, John Portnoy aye, Leon Shreves aye, Ben Fairbank aye, Barbara Brennessel aye, Michael Fisher aye, and Debby Freeman aye. 7-0. with conditions
Kielb, 3187 State Hwy, Map 13, Parcel 69, NOI, Shed, fence replacement, outdoor shower, repair/maintenance to main structure, removal of knotweed and revegetate with native species, driveway extension, and propane pad. Ronald Kielb gave an overview of the project: Driveway extension: Vehicles cannot turn around safely to enter Rte 6; thus, the new design goes from an “I” shape to an “L” shape. There would be a retaining wall and the fill would come from other projects on the property. Shed: relocate shed to where the driveway extension is. The shed is 10 x 13 with a ramp, metal gutters, and will sit on posts . Fence replacement: Todd Berry is an abutter and some of the fencing is on his property. They want to construct an 8’ high fence along the road for noise control, with the rest of the fence up to the dwelling six ft high.. Propane pad – the tank has to be a minimum of 5’ away from the dwelling because it is on stilts; it will be located behind the fencing. This would be done after the knotweed removal. Agent Greenberg Lemos expressed concern with the location of the propane because it is within the flood zone and might be a building department issue. There is a willow tree near the deck he wants removed or shorn 8’ high; Kielb will air layer 2 branches from this willow, to be planted elsewhere. and plant them. For mitigation, they will plant 6 shrubs planted. Home repairs: Debris will be placed in a dumpster and removed when full. Outdoor shower: will be located on the deck and a 48” x 48” catch basin will go into a dry well. There were concerns with the ground water level and Agent Greenberg-Lemos would like to see a sketch, the elevations of the septic site plan and depth to groundwater at all planned dry wells. Knotweed management: 3 separate areas to be worked on, he is working together with the property owner of 3199 State Highway. He gave an overview of the herbicide applications, one in the fall and review the results in the spring. If needed, they would do another application in August. Chair Freeman stated we need to know who is doing the work and that that person is a licensed pesticide applicator, information on the products to be used, and the amount of product to be used. The Commission needs additional information on where the shower will be located, where the concrete pad will be located, if the propane tank can be on ground level, where the dumpster will be, and herbicide applicator information; the work limit must completely encompass all work within the 100-ft buffer zone, including silt fencing between the house and wetland.
John Cumbler moved to approve the NOI and have the applicant supply the necessary information; no second.
Barbara Brennessel moved to continue to Sept. 2; seconded by John Portnoy VOTE John Cumbler abstained, John Portnoy aye, Leon Shreves aye, Ben Fairbank aye, Barbara Brennessel aye, Michael Fisher recused since the Wellfleet Conservation Trust is an abutter, and Debby Freeman aye. 5-0-2
Downs, 46 Sandpiper Hill Rd., Map 22, Parcel 6, Certificate of Compliance Agent Greenberg-Lemos stated this is an old Order of Conditions and received a letter from an attorney and letter from the engineer that it is in compliance. John Portnoy moved to issue the Certificate of Compliance; seconded by Michael Fisher. John Cumbler aye, John Portnoy aye, Leon Shreves aye, Ben Fairbank aye, Barbara Brennessel aye, Michael Fisher aye, and Debby Freeman aye. 7-0.
Elliott, 3 Indian Neck Rd., Map 28, Parcel 231, Certificate of Compliance. The Elliott’s stated that the house was rebuilt. Agent Greenberg stated this project is in compliance. Barbara Brennessel moved to issue the Certificate of Compliance; seconded by Leon Shreves. VOTE: John Cumbler aye, John Portnoy aye, Leon Shreves aye, Ben Fairbank aye, Barbara Brennessel aye, Michael Fisher aye, and Debby Freeman aye. 7-0.
Sandy Shoes, 135 Highmeadow Rd., Map 12, Parcel 131, Certificate of Compliance for stone step removal. Jeremy Young represented the applicant and stated that David Lajoie has written that the project is in compliance. Barbara Brennessel moved to issue the Certificate of Compliance for the step removal only; seconded by John Cumbler. VOTE: John Cumbler aye, John Portnoy aye, Leon Shreves aye, Ben Fairbank aye, Barbara Brennessel aye, Michael Fisher aye, and Debby Freeman aye. 7-0.
Sandy Shoes, 135 Highmeadow Rd., Map 12, Parcel 131, Certificate of Compliance for revegetation. Jeremy Young represented the applicant. The Commission asked why they are requesting certification of revegetation compliance now rather than waiting to confirm three-year survival. The commission recommended this be kept open to ensure the plants’ survive. Jeremy Young agreed to keep the Order of Conditions open.
McCloud, 46 Spring Brook Rd., Map 47, Parcel 25, Certificate of Compliance. Agent Greenberg-Lemos received confirmation from Ryder and Wilcox that the project is in compliance. Leon Shreves moved to issue the Certificate of Compliance; seconded by Barbara Brennessel. VOTE: John Cumbler aye, John Portnoy aye, Leon Shreves aye, Ben Fairbank aye, Barbara Brennessel aye, Michael Fisher aye, and Debby Freeman aye. 7-0.
John Cumbler moved to adjourn at 6:50 pm; seconded by Michael Fisher. VOTE: John Cumbler aye, John Portnoy aye, Leon Shreves aye, Ben Fairbank aye, Barbara Brennessel aye, Michael Fisher aye, and Debby Freeman aye. 7-0.
Respectfully submitted,
Christine Bates, Committee Secretary
[.1]After or before???