Approved Conservation Commission Mtg Mins
Approved
Wellfleet Conservation Commission
Meeting Minutes
December 16, 2020
Remote Meeting
Attendees: Deborah Freeman, John Portnoy, Michael Fisher, John Cumbler, Leon Shreves, Barbara Brennessel, Ben Fairbank, Agent Hillary Greenberg Lemos and Christine Bates, Committee Secretary.
4:00 - Business Meeting & Conservation Agent's Report
Mail / Discussion
Deborah Freeman stated the Commission is in the process of working with Horsley Witten regarding regulations. Any public comments should be forwarded to Agent by January 15, 2021.
Agent Greenberg-Lemos stated the Mandell property (Map 40:155) went before the ZBA and the application was continued to January 14, 2021. Ms. Greenberg-Lemos stated she requested well water tests from an abutter and the well driller will perform testing on both properties next week.
Agent Greenberg-Lemos reported the Commission is meeting informally with DEP, DOT and the waste water committee to improve the culvert design for Hawes Pond. She stated if DOT can’t afford the proposed changes, the town may want to add an article to the Town Meeting warrant seeking funding.
Vessel storage regulations: Barbara Brennessel reviewed the proposed regulation changes with the suggestion to delete “without a motor” and include additional information for private properties. We will submit the proposed changes to Horsley Witten which is assisting the Commission with the update to regulations. VOTE: approval from Commission 7-0.
Update on vessel sub-committee report: Barbara Brennessel reported Suzanne Thomas provided information to the Select Board, recommending that there should be only single level racks at Gull Pond. In addition, boat storage space would be increased at Mayo Beach and Indian Neck parking lot. The Select Board questioned whether there should be an increase in capacity and wanted a second level rack at Gull Pond. No vote was taken. Suzanne also recommended that boat rental companies pay the Town for storage space and people renting kayaks have a tag to identify the vessels. Agent Greenberg-Lemos thought she wanted to put racks in a new area at Gull Pond outside the 100’ buffer zone. Parking has been prohibited in the area she is proposing. People unloading their vessels may have to park on the roadways. It was suggested that the area currently used for boat racks be re-vegetated once racks are removed. Michael Fisher suggested the rental companies pay for storage on town property. Audubon and homeowner associations are concerned with vessels being left on the beaches but haven’t suggested a mechanism for enforcement. State owned property at the Field Point Recreation Area will replace signs and survey the area. The racks at Omaha Road will not be replaced. Michael Fisher stated the DPW has some signs. As far as enforcement, we can keep talking to the Harbormaster to enforce the rules and regulations. We could develop outreach via newsletters to homeowners and associations. Barbara Brennessel stated she is willing to write up informational materials. Ben Fairbank stated Ms. Thomas also recommended renters get a pre-season pass for the use of town property. This would allow better communication with rental companies and the Harbormaster. More discussion is required with Suzanne Thomas and she will be invited to the Jan 6, 2021 meeting. Conservation Trust and Audubon will be notified and kept informed.
Agent Greenberg-Lemos stated work has begun at the Blasch house (Map 18:7) and is progressing. The coir rolls will be covered with sand.
Jurisdictional Opinions - none
Meeting Minutes
John Portnoy moved to approve the amended 11/18/20 meeting minutes; seconded by Michael Fisher. VOTE: John Portnoy aye, Michael Fisher aye, Barbara Brennessel aye, Ben Fairbank aye, Leon Shreves, John Cumbler aye, and Deborah Freeman aye. 7-0
Leon Shreves moved to approve the amended 12/2/20 meeting minutes; seconded by John Cumbler. VOTE: John Portnoy aye, Michael Fisher aye, Barbara Brennessel aye, Ben Fairbank aye, Leon Shreves, John Cumbler aye, and Deborah Freeman aye. 7-0
Deborah Freeman stated she was approached by a woman on Hiawatha Road who was concerned with the poor condition of the road. Agent Greenberg-Lemos will contact DPW to identify the ownership of the road. The pavement is eroding and the high tides are damaging the road. There was discussion regarding access for the shell fishermen, the stairs, and the septic system placed at the end of the road. Omaha Road was private and the town has rights to the road now.
John Cumbler reported he witnessed some construction within the buffer zone and Agent Greenberg-Lemos will send a letter to the homeowners. Deborah Freeman noticed there is large plastic netting around the house at 375 King Phillip Road and is not sure if it is within the buffer zone. Barbara Brennessel stated there is brush cutting activity along Eel Creek (upper Pole Dike Creek east of Route 6) and John Portnoy stated it is likely Cape Cod Mosquito Control Project clearing paths around wetlands for summer larvicide treatment. Agent Greenberg-Lemos will contact Lauren McKean at the National Seashore to see if this is authorized within the Seashore boundary.
There was discussion about the Public Access Committee.
Michael Fisher moved to close the Business Meeting ended at 4:50 pm; seconded by John Cumbler. VOTE: Michael Fisher aye; Barbara Brennessel aye; Leon Shreves aye; John Cumbler aye; John Portnoy aye; Ben Fairbank aye; and Deborah Freeman aye. 7-0
5:00 - Public Hearings:
Laurel Nominee Trust (Zimmerman), 715 Chequessett Neck Rd., Map 19, Parcel 113, Request for 2 year extension (Cont’d) The homeowners want to complete the planting and make sure the plants will survive. Barbara Brennessel stated they had installed an underground irrigation system and it will be removed after the 2 years. John Cumbler moved to approve the two-year extension; seconded by Barbara Brennessel. VOTE: Michael Fisher aye; Barbara Brennessel aye; Leon Shreves aye; John Cumbler aye; John Portnoy aye; Ben Fairbank aye; and Deborah Freeman aye. 7-0
Bouza, 40 Weetamoo Way, Map 29, Parcel 417, Certificate of Compliance. A copy of the original Order of Conditions was located and the Town Clerk stamped it as an attested, true copy. No action is required on the Commission’s part.
Simons/Sagan, 55 Alves Rd., Map 15, Parcel 136, Certificate of Compliance. Barbara Brennessel was the supervisor and reported everything is in compliance. Barbara Brennessel moved to approve the Certificate of Compliance; seconded by John Cumbler. Michael Fisher recused himself. VOTE: Barbara Brennessel aye; Leon Shreves aye; John Cumbler aye; John Portnoy aye; Ben Fairbank aye; and Deborah Freeman aye. 6-0-1
Lackner, 66 Hiawatha Rd., Map 28, Parcel 178, RDA, repair and upgrade pathway. Ms. Lackner stated she wanted to move the parking to the side and placed stones in the new location. She was not aware she required permission from the Commission. She reset the stairs and Deborah Freeman noted there is untreated timbers around the perimeter but not in the pathway. Barbara Brennessel was concerned with hardening with paver stones. Portnoy suggested replacement of some or all of these pavers with 3/8-inch gravel, which will drain. The Commission requested Ms. Lackner submit a new site plan identifying the 50’ and 100’ buffer zones as well as identifying what materials will be used. John Portnoy moved to continue to 01/20/21; seconded by John Cumbler. Michael Fisher recused himself. VOTE: Barbara Brennessel aye; Leon Shreves aye; John Cumbler aye; John Portnoy aye; Ben Fairbank aye; and Deborah Freeman aye. 6-0-1
Thornton, 1305 State Hwy, Map 30, Parcel 159, RDA, septic upgrade Jason Ellis represented the applicant and gave an overview of the project. The cesspool will be removed and a nitrogen reducing system will replace the current septic system. The leach area will be relocated. The disturbed area will be revegetated. This was approved by the Board of Health. Barbara Brennessel wanted to know if the well could be moved and Mr. Ellis stated that moving it to the south would bring it closer to the salt marsh and an increased risk of saltwater intrusion. Barbara further asked if they consider drip irrigation for leachate disposal instead of a leach field; Ellis responded that you still need a leach field and create more disturbance. John Cumbler identified the RDA as a Negative 3; seconded by Leon Shreves. VOTE: Michael Fisher recused himself. VOTE: Barbara Brennessel aye; Leon Shreves aye; John Cumbler aye; John Portnoy aye; Ben Fairbank aye; and Deborah Freeman aye. 6-0-1
Currier, 1015 Chequessett Neck Rd., Map 19, Parcel 93, RDA, install ground mount (seven 2 x 10 forms, 12” wide & 9’ long) for 30 solar panels. Mark Robinson represented the applicant and stated they have done similar applications in the area. He stated that they had to avoid the shade of trees to the south and the proposed location will have little to no disturbance to the vegetation. He described the materials to be used for construction. He stated there is terrapin nesting , but the solar mounts will not hinder their movements. There will be no channeling of water on the bank. This is not within Natural Heritage jurisdiction. John Portnoy stated there is new construction of a deck and outside shower, apparently without a permit. The 50’ and 100’ buffer zone is obscure on the site plan and the Commission would like it identified. The total amount of square footage of disturbance within the 50’ and the 100’ is also required. Leon Shreves moved to continue to January 20, 2021; seconded by John Cumbler. VOTE: Michael Fisher recused himself. VOTE: Barbara Brennessel aye; Leon Shreves aye; John Cumbler aye; John Portnoy aye; Ben Fairbank aye; and Deborah Freeman aye. 6-0-1
Baker & Elsesser, 210 Kendrick Ave., Unit 2, Map 20, Parcel 29 B, NOI, Install landscape elements including driveway, terraces, seat wall, storage shed, steps, pergola, lawn area and grill, replace existing fence and revegetate (Cont’d). Lauren Cronin represented the applicant and reviewed the revised site plan and narrative. She provided a current photograph which identifies the degraded state of the property. The proposed work will restore the vegetation and limit vehicular and pedestrian usage. The stepping stones that were proposed within the 50’ buffer zone have been eliminated. They are proposing a native-pollinator garden in the front of the house, and there will be a small grass area also in the front. The original plan had stone paving in the back which will be replaced with pea gravel. There will be stepping stones instead of a walkway. The rear terrace has been reduced in size. There will be a masonry retaining wall to divert from the house. There was a fence at one point in time which they want to replace which is on town land. Ms. Cronin stated all the houses in the area have fences within the town road layout. Agent Greenberg-Lemos advised the applicant to get a permit from the Select Board for use of town land for the fence. One of the neighboring owners stated they support the project. John Cumbler moved to approve the NOI, provided town permission is obtained for the fence; seconded by Michael Fisher. VOTE: Barbara Brennessel aye; Leon Shreves aye; John Cumbler aye; John Portnoy aye; Ben Fairbank aye; Michael Fisher aye. 7-0 Supervisor: Barbara Brennessel
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. At the request of the applicant, Michael Fisher moved to continue to January 6, 2021; seconded by Leon Shreves. VOTE: Barbara Brennessel aye; Leon Shreves aye; John Cumbler aye; John Portnoy aye; Ben Fairbank aye; Michael Fisher aye. 7-0
Callahan, 149 Commercial St., Map 21, Parcel 120, NOI, raze and replace a portion of an existing family dwelling and deck addition David Lyttle represented the applicant and provided an overview of the project. The work will occur within the existing footprint, except for the new deck, with minimal disturbance. The addition foundation will be flood-compliant with flood vents. The disturbance will be temporary. The basement can only be used for storage and all mechanics will be on the first floor. Staging will take place within the driveway. The flood zone is a coastal bank and the 50’ buffer zone is between the house and Commercial Street. There will be no grade changes within the site and the foundation will be more stable than what is presently there. The Commission stated that we need to know the existing disturbance on the property as well as the proposed. Agent Greenberg-Lemos stated not to include the lawn. The deck is 9 feet high with 9 sonotubes and posts. Barbara Brennessel cited Regulation Sec 2.01 stating no new construction, in this case the proposed deck, can take place within the 50’ buffer zone. It was recommended establishing a shrub border just landward of the concrete retaining wall along Duck Creek for mitigation. David Lyttle asked if the Commission could approve the project provided that the new deck was deleted from the plan. John Cumbler moved to approve the NOI with the decking removed from the project plus mitigation planting with plant number, species and size prescribed by the Agent. Mr. Lyttle is to supply a revised site plan identifying the along the wall; seconded by Michael Fisher. VOTE Deborah Freeman no; Michael Fisher aye; Ben Fairbank aye; Leon Shreves aye; Barbara Brennessel aye; John Cumbler aye and John Portnoy aye. 6-1. John Cumbler supervisor
Simone, 5 & 11 Samoset Ave, Map 28, Parcels 186 and 185, NOI, Proposed shorefront (Cont’d)
Charlie Agro of Coastal engineering represented the applicant and asked if the Michelson Trustees application (Map28:184) can be heard as one hearing. There appears that there were timber seawalls at the property. He described the size and location of the proposed revetments. Access would be from Omaha Road and they would obtain permission to use the road. There will be beach nourishment with monitoring. There are coastal banks and beaches. Deborah Freeman stated the Commission would like a 3rd party expert to review the project and Mr. Agro is concerned with timing with having a 3rd party review this. Agent Greenberg-Lemos stated we could get someone, need to get permission from the Select Board, and then meet with the applicants. Argo is concerned with further erosion to these properties. Barbara Brennessel stated our regulations are strict and since no one on the Commission is a coastal/civil engineer, we need an expert to review the project. Agro stated that there would be limited impact to any thing and they would provide annual monitoring. Agent Greenberg-Lemos stated they had a discussion with his company and it was agreed to hear the applications but was advised we needed to have a 3rd party review. Mr. Agro stated he wished he were aware back in June of this needed review.
Denny O’Connell asked about sand transport at Sewall Gutter and how the revetments will affect the area. Mr. Agro provided specifications regarding the amount of sand and how it affected properties. John Portnoy disagreed with the contention in the application that a revetment with sand nourishment is functionally equivalent to a natural coastal bank., because the latter can retreat before sea-level rise and the beach retreats along with it. Portnoy consequently asked how Coastal Engineering decided where to build a revetment along the landward- seaward profile. Mr. Agro explained the height of the revetments, to reconstruct or remove stones, and stabilize the banks. Mr. Michelson stated the houses were built in the 1950s and rebuilt in 1990 on the same footprint. Mr. Michelson stated they had received emergency nourishment in the past and that the stairs were dangling in the area. He stated if we have storms, the sand will disappear. The house is 25’ from the coastal bank and they could lose 5’ with storms. Hillary stated they could apply for an emergency certification if necessary. Michael Fisher moved to get a 3rd party expert; seconded by Barbara Brennessel. VOTE: Deborah Freeman aye; Ben Fairbank aye; Barbara Brennessel aye; John Portnoy aye; Leon Shreves aye and Deborah Freeman aye 6-0 (John Cumbler not at table at this point). Shellfish Constable Nancy Civetti stated she appreciated having an expert. Barbara Brennessel moved to continue to March 3, 2021; seconded by John Cumbler. VOTE: Barbara Brennessel aye; Leon Shreves aye; John Cumbler aye; John Portnoy aye; Ben Fairbank aye; Michael Fisher aye. 7-0
Michelson Trustees, 21 Samoset Ave, Map 28, Parcel 184, NOI, Proposed shorefront protection (Cont’d) See Simone notes
Boehringer, 0 off Bay View Ave & 10 Bay View Ave, Map 35, Parcels 212 & 33, NOI, shorefront protection. Don Munroe of Coastal Engineering represented the applicant and provided details of the eroding coastal bank. He stated the house was built before 1978. This would be a low profile rock revetment to stabilize the toe of the slope, while planting the upper section of the slope. Nourishment calculations calls for 50 to 60 yards of nourishment. As an alternative approach, they would use fiber rolls with 25 yards over the fiber rolls. Deborah Freeman noted the property was not staked. The top of the wall will be elevation 11 NAVD88. The length is 231 feet and the width is 7 feet. The total disturbance area will be 1617 sq. ft. The erosion rate is approximately .575 feet per year. This is one continuous property. Agent Greenberg-Lemos questioned why they are building the revetment so low and is concerned with over- topping. Munroe stated this would be a fair approach and it will be monitored over time and if the applicant maintains the vegetation above with beach grass, he will not lose that much sand. The Commission questioned why they are not pursuing using the fiber rolls instead of a rock wall, and Munroe stated this is in a velocity zone and the fiber rolls don’t last and once they get saturated, they do not stay covered and would require maintenance. He stated they have a baseline profile for the beach. If they see that the existing grade has dropped, it will require nourishment. They have been collecting data for several years on other properties. The Commission stated they would require a third-party expert to review this project. Jeff Vecchio, abutter, stated he is working with Stan Humphries, and would be willing to work with Coastal Engineering but doesn’t agree with the numbers of amount of sand nourishment. He stated there are outstanding items they would like to discuss with Munroe and Mr. Boehringer. Nancy Civetti stated she had not reviewed the plans and questioned if the 50 to 60 yards maintains the beach levels and Munroe stated yes. She is concerned because these properties are close to shellfish beds. Munroe stated that is the reason they have been performing monitoring for over 20 years. Stan Humphries stated they are in discussion with Munroe and feels this project is inadequate. John Cumbler moved to get advice from a 3rd party expert; seconded by Barbara Brennessel. VOTE: Michael Fisher recused; John Portnoy aye, John Cumbler aye; Barbara Brennessel aye; Ben Fairbank aye Leon Shreves aye and Deborah Freeman aye. 6-0-1. Munroe stated the coastal bank is approximately 5 feet from the decking and would appreciate a hearing at the earliest time. John Cumbler moved to continue to March 3, 2021 (or sooner if possible; seconded by Barbara Brennessel. VOTE: Michael Fisher recused; John Portnoy aye, John Cumbler aye; Barbara Brennessel aye; Ben Fairbank aye Leon Shreves aye and Deborah Freeman aye. 6-0-1.
Michael Fisher moved to adjourn at 7:15 pm; seconded by Barbara Brennessel VOTE: Michael Fisher aye; John Portnoy aye, John Cumbler aye; Barbara Brennessel aye; Ben Fairbank aye Leon Shreves aye and Deborah Freeman aye. 7-0.
Christine Bates, Committee Secretary
Paperwork / Documents:
Vessel Report
Laurel Nominee: Request for Extension
Bouza: Request for Certificate of Compliance
Simons / Sagan: Request for Certificate of Compliance
Lackner: Request for Determination of Applicability and site plan
Thornton: Request for Determination of Applicability and site plan
Currier: Request for Determination of Applicability and site plan and back up materials
Baker and Elsesser: Notice of Intent, site plan and photos
Callahan: Notice of Intent, site plan
Simone: Notice of Intent, site plan and construction narrative
Michelson: Notice of Intent, site plan and construction narrative
Boehringer: Notice of Intent, site plan and photographs