Approved Conservation Commission Mtg Mins

Meeting date:

Wednesday, September 2, 2020

Approved

Wellfleet Conservation Commission

Meeting Minutes

September 2, 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

Boats and Vessel regulations: Nancy Civetti, Will Sullivan, Denny O’Connell, Bill Iacuessa and Suzanne Grout Thomas joined the Commission for the discussion. Michael Fisher provided the background regarding boats stored on beaches and dunes and wanted to have a discussion on setting up a policy and actions to be taken to save the shoreline resources. Nancy Civetti stated she will start keeping track of boats within the resources. Will Sullivan stated that boats used by commercial shellfishers must be tagged and identified. He recommended utilizing a sharpie to identify the owner’s name and phone number versus using plastic tags. Items discussed: renter’s kayaks on Town property, Wellfleet Conservation Trust property and private property; racks being washed away; the difficulty of identifying the vessel owners; educational material to be handed out; notifying homeowner groups; and starting a ticketing process for next year. It was recommended Agent Greenberg-Lemos work with the Shellfish Department, the Beach Department and the Harbormaster to make sure people sign up for stickers. If education is put out there early in the season, it could eliminate much of the problem. Agent Greenberg-Lemos identified a list of locations of Town land where we suspect that stored boats may be damaging shoreline vegetation; she asked the Beach Dept and the Shellfish Dept. to inform her when they observe such damage. Wellfleet Bay Audubon has similar problems as well as properties on Lt. Island. The season is April 1 to October 31. The Conservation Trust has a sign at its property at the end of Old Wharf stating that boats/vessels cannot be left on the beach. . The Trust also labels boats stating that they are in violation and will be removed. It was agreed that the following areas would require a site visit: Omaha Road, Field Point, Old Pier, and Whale Bone Point, Powers Landing, Paine Hollow, Indian Neck and Lt. Island. Old Wharf is managed by Conservation Trust, Suzanne Grout Thomas stated Mayo Beach and Pleasant Point are managed. The Commissioners chose sites they would visit and take pictures at low tide. No vessels will be removed this year and new signs and educational material will be ready for next year. Will Sullivan stated he would identify of tenders. Denny O’Connell stated a new committee is being formed regarding public access.

Mail / Discussion

DLTA – meeting with Horsley Witten on September 16.

Jurisdictional Opinions: none

Various towns are making regulations regarding Styrofoam floats in freshwater ponds because the styrofoam breaks apart and pollutes ponds with plastic particles. .

Town Warrant: Articles 27 and 28 are disposition of town owned property. Both of these were approved.

Article 27: Property along Kendrick Ave – (Keller’s Corner) – this is town owned. Agent Greenberg-Lemos stated that ongoing rubble disposal here had to permitted by the Conservation Commission, so the Commissions acceptance of stewardship of this property would create a conflict.

Motion: Leon Shreves moved to vote no on Article 27; seconded by Michael Fisher. VOTE John Cumbler abstained, Barbara Brennessel aye; John Portnoy aye; Ben Fairbank aye; Leon Shreves aye; Michael Fisher aye; and Deborah Freeman aye. 6-0-1

Article 28: property along north shore of Blackfish Creek. John Portnoy moved to accept Article 28; seconded by Barbara Brennessel. VOTE: John Cumbler abstained; John Portnoy aye; Barbara Brennessel aye; Ben Fairbank aye; Leon Shreves aye; Michael Fisher aye, and Deborah Freeman aye. 6-0-1.

Agent Greenberg-Lemos will send the information to the Town Moderator.

Meeting Minutes – to be addressed at the next meeting.

5:00 - Public Hearings:

Cavanaugh, 80 Peace Valley Rd., Map 8, Parcel 234, RDA, septic upgrade. John Cumbler stated there was nothing staked at the site. Jason Ellis represented the applicant and stated that the only portion of the proposed wastewater system within the buffer zone is in the driveway. He didn’t stake the area because it would have impeded the owner’s access to the driveway. He stated there are no specific rules prohibiting septic tanks within the flood zone. Agent Greenberg-Lemos stated it did not require Board of Health approval. John Portnoy identified the RDA as a Negative 3; seconded by Leon Shreves. VOTE: Michael Fisher abstained, John Portnoy aye; John Cumbler aye; Barbara Brennessel aye; Ben Fairbank aye; Leon Shreves aye; and Deborah Freeman aye. 6-0-1.

Boehringer, 164 Cliff Rd., Map 24, Parcel 100, NOI, Construct new foundation, move dwelling to foundation, construct new deck and move portions of septic. David Little and Bob Boehringer discussed the project. The site plan did not identify the 50’ or 100’ buffer zones. David Little stated he would supply a new site plan with buffer zones indicated. The house was constructed in 1955. The house is located within a “valley” with a relatively low coastal bank between it and the beach. He wants to keep a part of the old foundation to protect the septic system. The house will be moved as far westerly as the property allows. Mr. Boehringer stated that he expects the move will extend the life of the house site by 10 to 15 years, given the rate of scarp erosion. He described how he has removed portions of the deck close to the bank and it is approximately 10’ from the foundation at this point. Barbara Brennessel recommended planting beach grass instead of building a new deck. The regulations are that there can be no new construction within the 50’ buffer zone. It was recommended the decking be moved to the back (landward side) of the house. Mike Fisher recommended there be no coastal structures on the beach in future. In this regard, the Commission hereby recognizes that this extensive move and renovation within the 50-ft buffer eliminates this structure’s pre-1978 status, making it ineligible for coastal armoring to prevent future bank erosion. John Cumbler stated he didn’t like the stairway and Mr. Boehringer stated it stops people from climbing up the bank. John Portnoy asked if there are any wells that could go over the bank and Mr. Boehringer pointed out that his well is far back from the eroding bank. Agent Greenberg-Lemos questioned if it would be beneficial to put the house on piers and Mr. Boehringer stated the removal of pilings would be more detrimental to the stability of the bank. John Cumbler moved to continue to September 16, 2020; seconded by Mike 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

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. Ron Kielb stated the silt fence will extend along the entire wetland edge. He spoke with Marcy Oil regarding the pad for the propane and it would have to be increased to a 45”-square area. It has been moved 5’ from the original location. The tank is held to the pad with a strap and the pad will be reinforced with a metal mesh. The dumpster will be located in the driveway for approximately 1 month and be covered with a tarp. The outdoor shower will have a gray water recycling filter located next to the shower and directed into a dry well or be placed in an area with the use of a sump pump to use for irrigation. The filter system would catch any debris. If it were pumped into the septic, he would have to construct a roof, which he prefers not to do. The Commissioners stated they felt that all the issues were covered and acceptable. John Cumbler moved to approve the NOI; seconded by Ben Fairbank. VOTE: Michael Fisher abstained; John Portnoy aye; John Cumbler aye; Barbara Brennessel aye; Ben Fairbank aye; Leon Shreves aye and Deborah Freeman aye. 6-0-1. Supervisor: Barbara Brennessel

6:00 Business Meeting resumed.

Mail: A letter from Town Council regarding litigation with Hoeland Trust

Leon Shreves moved to adjourn at 6:05 pm; seconded by Barbara Brennessel: VOTE: John Portnoy aye; John Cumbler aye; Barbara Brennessel aye; Leon Shreves aye; Michael Fisher aye; Ben Fairbank aye and Deborah Freeman aye. 7-0

Respectfully submitted,

Christine Bates

Paperwork:

Cavanaugh: RDA application and back up

Boehringer: NOI application and back up

Kielb: previously submitted NOI filing and new material