Approved Conservation Commission Mtg Mins
Approved
Wellfleet Conservation Commission
Meeting Minutes
September 23, 2020
Remote Meeting
Attendees: Deborah Freeman, Michael Fisher, Leon Shreves, Barbara Brennessel, Ben Fairbank, John Portnoy, John Cumbler, Agent Hillary Greenberg Lemos, and Christine Bates, Committee Secretary.
4:00 - Business Meeting & Conservation Agent's Report
Discussion with Horsley Witten: A list of suggestions was read into the record:
Applicant coming before the commission must realize that any existing wetlands violation on the subject property is before the commission;
The Commission will consider cumulative alterations on a property, i.e throughout its history) that may affect wetland resources;
The Commission may propose to reduce the maximum area of disturbance on a lot to less than the current limit of 5,000 sq ft;
We need clarification of the Commission’s relationship with Open Space Committee with respect to Town conservation areas; Agent Lemos will study this.
Reduced nutrient discharge within 300 feet of wetlands (both nitrogen and phosphorus);
Outdoor showers – hook up to septic system;
The Commission is considering extending its jurisdiction to more than 100 ft from wetland resources;
Pre 1978 housing designed construction and is notice to be given to owner. Engineered structures, sea level rise and impact of potential issues with structures
Barbara Brennessel stated we had reviewed some of the other city’s regulation. The City of Arlington made recommendations for climate change and the acceptance of climate change and sea-level rise should be a theme that runs through all of the regulations..
Barbara Brennessel looked at Boston regulations and said they were good; however, new board members have not had a chance to review them.
Barbara Brennessel stated Falmouth is designating one area of the town as a District of Critical Planning Concern (per Cape Cod Commission), She feels the entire town of Wellfleet should be a district of critical planning concern.
Michael Fisher stated we received a file from APCC with examples of wetlands regulations that consider climate change, and asked that they be sent to everyone for review.
Michael Fisher noted that under current regulations the applicants have to prove that that their project causes no harm. Also the setback-from-wetlands distance varies among towns. It should be varied depending on the property. We need something scientific. Agent Greenberg-Lemos will forward this information to Horsley Witten.
The Commission will review each individual regulation. There is to be no discussion among members per Open Meeting Laws.
John Portnoy suggested that new regulations require consideration of past human alterations that have artificially reduced the extent of Commission jurisdiction, e.g tidal restrictions that have blocked seawater and lowered water levels converting former tidal marshes to apparent freshwater wetlands and uplands. Sea-level rise makes these resources and adjacent structures especially vulnerable.
New regulations should accept and accommodate the need for salt marshes to migrate landward with accelerating sea-level rise.
We need clarification on the relative harm causes by groins versus revetments.
Kettle ponds and nutrients – how to control. Barbara Brennessel stated the Board of Health must get involved because they control location of septic systems. Agent Greenberg stated BOH and Conservation Commission can have same regulations.
Fertilizers around ponds – have consultants study how to limit this.
As sea level continues to rise and coastal banks retreat, we need a regulatory mechanism to manage retreat along development shorelines. .
Agent Greenberg-Lemos spoke about the preservation of historic floodplains.
Agent Greenberg-Lemos stated there needs to be regulations with new construction.
The list will be sent to Commission members for comment, and then on to Horsley Witten. By December 31 we will have a draft, there will be two public hearings, and the bylaws will be ready for the Spring Town Meeting. Town Counsel will be involved.
Hawes Pond Discussion: John Portnoy distributed a 19th century map of Hawes Pond showing the “pond” as a coastal lagoon connected to the head of the Duck Creek estuary via a creek with fringing salt marsh. He is concerned that an emergency action, taken by DOT in response to a complaint from a single private property owner, can be allowed to degrade a public resource for many years.. Hillary noted that there is state law requiring culvert upgrade for fish and wildlife passage whenever a a project involves culvert replacement or repair. Agent Greenberg-Lemos stated DOT is aware that there is concern for turtles. Natural Heritage will be notified as well regarding the terrapins. Portnoy drafted a letter for the Commission to send to DER, DOT, DEP and NHESP explaining our concerns and urging restoration of some tidal exchange.
Mail / Discussion:
Agent Greenberg-Lemos stated she received a complaint for 55 Main St where we permitted a small addition. The complaint stated that trees were heavily pruned. A long row of privet was trimmed. When Ms. Greenberg-Lemos went there, she was told there is a colonial law regarding trees being cut and lawyers became involved. The complaint included debris people have in their yards. Agent Greenberg-Lemos is going to send a note to other towns to find out what they do regarding debris on abutting properties and within WPA jurisdiction.
A site visit was made to 66 Hiawatha and Agent Greenberg-Lemos will send a letter. There are political statements on a pile of rocks on the beach.
Hiawatha Road: pavement is washing away.
At the next business meeting discussion we will discuss the storage of boats on beaches, dunes and marshes.. Denny O’Connell will be coming to the meeting for the Conservation Trust.
Michael Fisher reported that some of the boats that the Trust had removed were placed back on Conservation Trust property.
Jurisdictional Opinions: Maria Jester sent in a request to erect a small tent for the pottery shop at 115 Main Street until November. A couple of years ago, we required removal of a tent at this location.. Agent Greenberg-Lemos stated this is for one-time usage to conduct business during the pandemic. Deborah Freeman conditioned approval on repair of any disturbance. The Commission requires that the tent be removed by November 15, 2020. John Cumbler moved to approve the Jurisdictional Opinion; seconded by Leon Shreves: VOTE Leon Shreves aye John Portnoy aye, John Cumbler aye, Ben Fairbank aye, Michael Fisher abstain, Deborah Freeman aye. 5-0-1
Meeting Minutes: John Portnoy moved to approve the amended 9/2/20 meeting minutes; seconded by Michael Fisher. VOTE Leon Shreves aye, Ben Fisher aye, John Portnoy aye; John Cumbler, aye, Michael Fisher aye; and Deborah Freeman aye 6-0.
5:00 - Public Hearings:
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 Lyttle and Mr. Boehringer stated a new site plan dated September 9, 2020 had been submitted. The 15’ deck has been reduced to 6’ Michael Fisher asked how he plans on stabilizing the bank and is concerned with the PVC pipes in the bank. The pipes will stay in place as long as they are not physically on the beach. Lyttle stated the bank will be stabilized with netting and beach grass. Michael Fisher stated there was debris / materials left on the coastal bank which would land on the beach. John Portnoy recommended the materials be removed prior to falling to the beach. The applicant should monitor the bank at least every two months and immediately after a storm event and remove all debris that has become exposed on the bank. Mr. Boehringer stated he has a property manager he keeps in touch with and that person will remove the debris after every storm as well as check the property every 2 months. John Cumbler moved to approve the Order of Conditions with conditions; seconded by Michael Fisher: VOTE: John Portnoy no; John Cumbler aye; Leon Shreves aye; Ben Fairbank aye; Michael Fisher aye; Deborah Freeman aye, Barbara Brennessel no; 5-2. Supervisor: Agent
Weisman, 106 Fox Island Rd., Map 28, Parcel 228, RDA, construct new deck, replace sono tubes. Terrence Doyle represented the applicant and stated that the original deck will be expanded 2.5 feet. The sono tubes need to be structurally sound by anchoring them to the concrete posts. There will be 4 sono tubes placed in the same location as existing. Barbara Brennessel stated if this is going into the 50’ buffer zone then she could not approve the project. The site plan is not identifying the 50’ zone. Terrence Doyle stated he measured the distance from the wetland to the project as 95 ft; however, Portnoy stated that this distance requires wetland delineation by an expert. The Commission requires a site plan identifying the 50’ and 100’ buffer zones. John Cumbler asked that the area under the decking have nothing on it (no storage). John Cumbler moved to continue to Oct 21 meeting; seconded by Leon Shreves. VOTE: Michael Fisher abstained; John Portnoy aye; John Cumbler aye; Leon Shreves aye; Ben Fairbank aye; Barbara Brennessel aye; and Deborah Freeman aye. 6-0-1
Kelley, 480 Old Chequessett Neck Rd., Map 12, Parcel 71, Request for a one-year extension. Michael Fisher read the meeting minutes of 6 September 2017. The work on the driveway was not completed and the property is on the market. John Cumbler is the supervisor and he stated the environment is very stable. It will not have an impact on the Herring River project. John Portnoy moved for a one-year extension; seconded by Michael Fisher. VOTE: Michael Fisher aye; John Portnoy aye; John Cumbler aye; Leon Shreves aye; Ben Fairbank aye; Barbara Brennessel aye; and Deborah Freeman aye. 7-0
McDavitt, 99 Holbrook Ave., Map 20, Parcel 136, RDA, construct deck off back of house and upgrade front porch. Paul McDavitt, owner, would like to replace some bricks with pavers in the front of the house and replace the deck off the back of the house. He stated most of the materials are already on site. Mr. McDavitt was not aware he needed a permit to place the pavers. The house is located within the ACEC and outside the 100’ buffer zone. The plan does not identify the work limit. Mr. McDavitt stated there is vegetation on the hill but the Commission wants a revegetation plan. McDavitt stated there will be no disturbance to the bank. The Commission needs a formal set of plans for the deck showing its height and design. The Commission prohibits storage under the new deck. The Commission requested plans for the front yard work, including the patio materials. There will be violation fees as well as After the Fact filing fees. The Commission requested Mr. McDavitt identify the contractor so a letter could be sent to him by Agent Greenberg-Lemos. He stated Fadrack (Cedrick? –JP) Sian is the contractor. John Cumbler moved to continue to Oct 7, 2020; seconded by Leon Shreves. VOTE: Michael Fisher aye; John Portnoy aye; John Cumbler aye; Leon Shreves aye; Ben Fairbank aye; Barbara Brennessel aye; and Deborah Freeman aye. 7-0
John Cumbler moved to adjourn at 5:55 pm; seconded by John Portnoy: VOTE: Michael Fisher aye; John Portnoy aye; John Cumbler aye; Leon Shreves aye; Ben Fairbank aye; Barbara Brennessel aye; and Deborah Freeman aye. 7-0
Respectfully submitted,
Christine Bates, Committee Secretary
Paperwork:
Boehringer: Revised site plan
Weisman: RDA application and backup material
Kelley: Request for Extension paperwork
McDavitt: RDA application and backup material