Approved Conservation Commission Mtg Mins
Approved
Wellfleet Conservation Commission
Meeting Minutes
November 4, 2020
Remote Meeting
Chair Deborah Freeman announced the members of the Commission attending the meeting: Deborah Freeman, Michael Fisher, John Cumbler, Leon Shreves, Barbara Brennessel, John Portnoy, Agent Hillary Greenberg Lemos, and Christine Bates, Committee Secretary.
Regrets: Ben Fairbank
4:00 - Business Meeting & Conservation Agent's Report
Agent Greenberg stated there will be an Executive session with Town Counsel at 11:00 Friday, Nov. 6, regarding litigation. The next regularly scheduled meeting will be on 11/18/20.
Report:
Agent Greenberg-Lemos sent a letter regarding tree work performed at 239 Holbrook Lane. Maureen Dalby, owner, stated a willow tree blew over and was nearing the house and they had to remove it.
A letter was sent to the owners of 66 Hiawatha Rd regarding landscaping issues.
A boat rack was pulled away from the landing at Omaha.
Jurisdictional Opinions:
210 Butrty Way, 16/628, Jeremy Young submitting the application: remove 2 trees in front of property and prune two maple trees as well as prune 2 pine trees at rear of property and prune one mimosa tree at rear of property. Deborah Freeman stated there was a previous Order of Conditions for the property and a dock is sitting on the grass. Boats were supposed to be on a pad and there are boats are the grass. Chair, Freeman stated that a fine should be imposed. She recommends a $200 per day fine. The dock was supposed to be stored on the driveway. Meeting minutes of 11/06/19 were read into the record. The Commission could ask for compliance before anything else is done on the property. Agent Greenberg-Lemos will send a letter and ask the owner(s) to come to a meeting. Agent Greenberg-Lemos stated some Orders of Conditions are not in perpetuity. Jeremy Young stated he was not involved with the previous Notice of Intent.
Jeremy Young represented the property at 266 King Phillips Rd, to remove one tree at the rear of the property which is infested with turpentine beetle and selectively prune 5 pine trees for vista views. All of this is within 50’. The Commission would like to make a site visit. Michael Fisher read meeting minutes from 2017 requesting the removal of several trees in the past. The Commission would like to see an RDA filed. Jeremy Young stated the tree is 8 feet tall and dead. Mrs. Goldman stated the tree is creating a hazard for the stairway. The applicant will file a RDA for the December 2, 2020 meeting.
Sara Wexler, 101 Samoset Ave. Jeremy Young represented the applicant: replace walkway with flag stone with 6” of spacing for drainage. There is currently some type of slate stepping stone 12” x 24” and the request is to replace them with 24” x 30” stones with spacing in between. He will replant with harmony blend grass seed in the exact area. There will be 8 to 10 flagstones versus 24 to 30 slate stones. Agent Greenberg-Lemos requested a sketch plan. Michael Fisher moved to approve the Jurisdictional Opinion; seconded by John Cumbler. VOTE: John Portnoy aye; Leon Shreves aye; John Cumbler aye; Barbara Brennessel aye; Michael Fisher aye; and Deborah Freeman aye. 6-0
Walter Harrison 130 Blue Heron Rd., prune branches from tree close to house, and prune 1 pine tree that the top was broken off. Agent Greenberg did not have any issues with the request. Motion: Michael Fisher moved to approve the Jurisdictional Opinion; seconded by John Portnoy: VOTE: John Portnoy aye; John Cumbler aye; Michael Fisher aye; Leon Shreves aye; Deborah Freeman aye and Barbara Brennessel abstaining. 5-0-1.
Scott Rockman, 36 Old Pier Rd.: reduce crown height of 8 black locust located at the parking area, reduce by 10 to 12 feet. A site visit was made and Agent Greenberg-Lemos stated this should be filed as an RDA.
Shorefront protection hearings and filings: Don Monroe has two projects (5 & 11 Samoset and 21 Samoset) that have been postponed and we do not know when we can meet in person and look at them again. Don Monroe would like to report to his clients and he stated the two bulkheads are starting to deteriorate. He stated two bulkheads were previously approved and there are two which need repair in the same area and would like to do the work at the same time. Monroe is looking to find out when he can file two new NOI’s plus 3 others (a total of 5). Deborah Freeman stated every project is different and the Commission needs to see what is proposed with an alternative analysis, even in a failed situation. The Commission agreed to review and make a site visit to the bulkheads that require repair and would like to have experts look at all future applications. John Cumbler is concerned with materials and requested that the same materials be used. The Michaelson project is a new bulkhead. Agent Greenberg-Lemos recommended that Don Monroe file for the repairs. Don Monroe stated other towns are utilizing more share screen and photographs of the sites in their zoom meetings where the representative makes the presentations. Agent Greenberg-Lemos recommended hiring an expert for the Commission to review the applications and participate in the hearings. Monroe would like to file one NOI because the repair is not large and feels the Commission could make a decision without an expert.
Community Preservation Committee (CPC) needs list: Michael Fisher reviewed the CPC needs list which included the following:
Preserve threatened resources especially in ACEC land.
Protect regional water supply / aquifer.
Protect regional wetlands and bordering areas.
Protect shellfishing / wildlife habitat
Preserve special and unique native vegetation.
Provide links with existing conservation land for wildlife corridors.
Protect from development and for limited and appropriate public access land near ocean, bay and ponds.
See land for passive recreation.
Continue to educate the population regarding the benefits of conservation and the relationship between excessive growth and ground water quality, waste disposal, harbor health, natural resources and town character.
Motion: John Portnoy moved to recommend the needs list as amended; seconded by Barbara Brennessel: VOTE: John Portnoy aye; Barbara Brennessel aye; Leon Shreves aye; Michael Fisher aye; John Cumbler aye; and Deborah Freeman aye. 6-0.
Hawes Pond report: Agent Greenberg-Lemos stated all Commissioners had received the report on “Hawes Pond Hydraulic and Salinity Study” prepared for MA DOT. She stated there will be a meeting on Nov. 10 at 11:00 am. John Portnoy reported there was a hydraulic study of physical conditions and proposed a self- regulating tide gate. Their model showed that the arrangement would bring salinity up to half that of sea water and increase high tide by 2 feet, and the water level could come up 5 feet and could bring sea water back up to the marsh system. The stream crossing guidelines may need to the followed. Barbara Brennessel asked if a berm would be necessary to protect the property. John Portnoy stated a berm is not necessary. There is a structure in the area and it has been flooded in the past. CPC money can be used to purchase property and needs to be allocated by Open Space. The deadline for this year has passed and we cannot get it this year. Money allocations are up to ½ million, gets recommended by CPC and then voted by the Town. Mary Rogers would be able to give advice. John Cumbler stated there is a history of the self- regulating gates not working correctly after a long time and John Portnoy stated they require maintenance and are two sets of adjustable floats.
Jeremy Young stated a representative from Bartlett Tree Service will attend the 11/18/20 meeting.
Michael Fisher moved to temporarily close the Business Meeting at 5:00 pm; seconded by John Portnoy. VOTE: John Portnoy aye; John Cumbler aye; Barbara Brennessel aye; Leon Shreves aye; Michael Fisher aye; Deborah Freeman aye; 6-0
5:00 - Public Hearings:
Weisman, 106 Fox Island Rd., Map 28, Parcel 228, RDA, construct new deck, replace sono tubes (Cont’d) Terrence Doyle represented the applicant and the revised site plan was submitted identifying the 50’ and 100; buffer zones. There is no disturbance within the 50’ buffer zone. Mr. Weisman stated the new footings will be on the existing footings. The total disturbed area on the property is between the 50’ and 100’ area. Agent Greenberg-Lemos provided the number of 1,227 sq ft. John Portnoy identified the RDA as a Negative 3; seconded by John Cumbler. VOTE: John Portnoy aye; John Cumbler aye; Leon Shreves aye; Barbara Brennessel aye; and Deborah Freeman aye. Michael Freeman, a member of Wellfleet Conservation Trust and an abutter, abstained 5-0-1
Snape, 95 Newcomb Hill Rd., Map 12, Parcel 81, Certificate of Compliance. A site visit was made by the agents who agreed that the project is in compliance. Michael Fisher moved to approve the Certificate of Compliance; seconded by JohnCumbler. VOTE: Leon Shreves aye; Barbara Brennessel aye; Michael Fisher aye; John Portnoy; John Cumbler aye and Deborah Freeman aye. 6-0
Mary Ring Trust, 265 King Phillip Rd., Map 34, Parcel 3, RDA, prune and remove trees to develop view corridor, plant shrubs as mitigation. Charles Wentz of Ponderosa Landscaping, gave an overview of the project. The property abuts the marsh and work will be within 25’ and 100’ of the buffer zone. He provided information on the removal and pruning and replanting with 48 shrubs. Some trees for removal are on the neighbor’s property and the neighbor wrote a letter stating his approval. William Meister, neighbor, stated he approves of the plan. Deborah Freeman stated the letter is very vague and the neighbor should participate in the hearing. Deborah Freeman expressed concern that if something goes wrong, the Commission cannot enforce anything on the Meister property. Since the Commission only has plans for 265 King Phillip Rd. there is legal issues with the abutter’s property. Agent Greenberg-Lemos stated Mr. Meister is doing this for his neighbor. Bartlett Tree will be doing the work. John Portnoy stated he feels this project involves removal of a lot of trees and didn’t feel the vista view had to be as wide. He would like a NOI filed. There was further discussion regarding lateral pruning, topping trees, and planting mitigation. Agent Greenberg-Lemos stated one NOI could be filed for both properties as long as each property is identified. John Cumbler identified the RDA as a positive and that a NOI should be filed; seconded by John Portnoy. VOTE: Leon Shreves aye; Barbara Brennessel aye; Michael Fisher aye; John Portnoy; John Cumbler aye and Deborah Freeman aye. 6-0
Ostenson/Eldridge, 47 Sea Oaks Way, Map 36, Parcel 18, RDA, prune 2 trees close to house, prune dead branches, vista pruning, trim underbrush (Cont’d). Ms. Ostenson stated Dennis Townsend was also on the property and everything was marked as requested. Michael Fisher stated the covenant states trees have to be below 4’ in height. Ms. Ostenson stated this was when the properties were being developed and everything is 4’ high for habitat. Ms. Ostenson was informed she could file a NOI and receive Orders of Conditions to do work in the future. Michael Fisher identified the project as a Negative 3 seconded by John Cumbler. VOTE: Leon Shreves aye; Barbara Brennessel aye; Michael Fisher aye; John Portnoy; John Cumbler aye and Deborah Freeman aye. 6-0
Silvetti, 35 Main St., Map 15, Parcel 125, RDA, install shed (Cont’d). Agent Greenberg-Lemos stated the shed was identified by markers. It is a prefab shed which will be placed in an area already disturbed. The side of the shed toward the water will be elevated a foot or two and be secured by diamond pier construction. Michael Fisher identified the RDA as a negative 3.; seconded by Barbara Brennessel. VOTE: John Cumbler no, Leon Shreves aye; Barbara Brennessel aye; Michael Fisher aye; John Portnoy aye; and Deborah Freeman aye. 5-1
Sheetz, 125 Marven Way, Map 21, Parcel 26, NOI, tree removal, repair walkways, expand deck, construct small platform, removal of trees and pruning for view corridor (Cont’d). At the applicant’s request, they would like a continuation to 11/18/20. Barbara Brennessel moved to continue to November 18, 2020; seconded by Michael Fisher. VOTE: Leon Shreves aye; Barbara Brennessel aye; Michael Fisher aye; John Portnoy; John Cumbler aye and Deborah Freeman aye. 6-0
5:40 pm John Portnoy moved to adjourn the public hearings; seconded by Michael Fisher: VOTE: Leon Shreves aye; Barbara Brennessel aye; Michael Fisher aye; John Portnoy; John Cumbler aye and Deborah Freeman aye. 6-0
Michael Fisher moved to reopen the Business Meeting; seconded by John Portnoy. VOTE: Leon Shreves aye; Barbara Brennessel aye; Michael Fisher aye; John Portnoy; John Cumbler aye and Deborah Freeman aye. 6-0
5:40 pm Vessels subcommittee report:
Barbara Brennessel gave an overview of the report, including a preamble of why this is so important. Action Items were reviewed. She stated that she was exploring signage at Field Point with the State. Enforcement seems to be the biggest issue. The Commission must develop outreach for vessel storage, and rewrite Section 2.05. In this regulation there is nothing about private property storage. The Sub committee will rewrite this regulation and work on Education / Communication . The subcommittee outlined the following action items:
Action Items:
1. Identify which areas are appropriate/not appropriate for vessel storage. Find out from the beach department if current racks can be expanded outward (Mayo Beach), or by adding an additional level. Ask if vessels can be stored under the rack at Powers Landing. (Beach Administrator). In addition, the Harbormaster suggested the Town beach in front of Mac’s, floating racks inside of floating docks along the inside of the pier, Indian Neck breakwater parking lot, just before Lieutenant Island Bridge, and top of proposed ramp at Herring River dike. Some of these sites may not be feasible, but worth exploring.
2. Communicate with Harbor Master about issuing stickers and reminding shell fishermen and boat owners where they can leave their vessel. (Michael Fisher has done this). Make sure that there is a supplier for the stickers; perhaps use same supplier as Beach Department.
4. Find out how other Towns manage vessel storage. (Ben Fairbanks; consultants)
5. Communicate with Jack’s Boat Rental so renters do not leave vessels in sensitive areas overnight. (Conservation Commission)
6. Communicate with Audubon and Lieutenant Island Homeowners Association about vessel storage near the boathouse (Barbara Brennessel)
7. Find out if the Town has jurisdiction about vessel storage at Field Point; communicate with State about the issue (Barbara Brennessel)
8. Identify and communicate with agency that will enforce vessel regulations at Town landings (Conservation Commission, Harbormaster, Beach Administrator)
9. Develop outreach to vessel owners and shoreline property owners about proper vessel storage. (Conservation Commission)
10. Rewrite Regulations, Section 2.05 to include section about storage of vessels on private property (Ben Fairbanks, Conservation Commission, consultants)
11. Identify avenues for education and communication, such as enclosure of a brochure in the tax bill, items in seasonal residents’ newsletter, information at beach sticker office, outreach to neighborhood associations, Chamber of Commerce, Shellfish Department, boat owners with moorings, Town website. Encourage homeowners who rent out to inform their renting tenants about the proper storage of vessels. (Conservation Commission)
Brennessel reported there were over 70 kayaks on vegetation this summer on Audubon property on Lieutenant Island and she was working with Melissa Lowe, WBWS Director, Deborah Freeman commended the subcommittee for their work and detail. A table was presented identifying where vessel storage is located and where there is nothing available. Vessel storage on private property will be difficult to enforce but education may help. The sub committee hopes to get the Harbormaster and Beach Dept involved. This is in draft form now. Deborah Freeman stated timing will be difficult in order to start this next year. Barbara Brennessel stated the section regarding private property can be done immediately and thinks the Commission can write the regulation ourselves and get Horsley Witten’s comments. Agent Greenberg-Lemos agreed. The subcommittee will report back in a month. Letters will be sent out to home owners, rental property owners, real estate agencies, Chamber of Commerce, etc. At the end of Omaha, there is no more room due to erosion so no vessels can be stored there. The regulation and outreach would include any waterfront property including ponds.
Meeting Minutes: John Portnoy moved to approve the amended 10/21/20 meeting minutes; seconded by Barbara Brennessel. VOTE: Leon Shreves aye; Barbara Brennessel aye; Michael Fisher aye; John Portnoy; John Cumbler aye and Deborah Freeman aye. 6-0
Michael Fisher moved to adjourn at 6:05 pm; seconded by John Portnoy. VOTE: Leon Shreves aye; Barbara Brennessel aye; Michael Fisher aye; John Portnoy; John Cumbler aye and Deborah Freeman aye. 6-0
Respectfully submitted,
Christine Bates, Committee Secretary
Documents:
CPC Needs list
Hawes Pond Report
Weissman RDA: revised site plan
Snape: Request for Certificate of Compliance
Mary Ring Trust: RDA application
Ostenson/Eldridge: RDA no additional paperwork
Silvetti: RDA no additional paperwork
Sheetz: Request for Continuation letter
Vessel(s) subcommittee Report