Approved May 20, 2020 Conservation Commission Mtg Mins
Approved
Wellfleet Conservation Commission
Meeting Minutes
May 20, 2020
Remote Meeting
Attendees: Deborah Freeman, Michael Fisher, John Cumbler, Leon Shreves, Barbara Brennessel, John Portnoy, Agent Hillary Greenberg Lemos, and Christine Bates, Committee Secretary. Also in attendance was Attorney Kwesell from Town Council.
4:00 - Business Meeting & Conservation Agent's Report
Mail / Discussion
The Commission had a discussion regarding the difficulties with remote hearings which included: problems signing into and staying connected with Zoom; complicated cases are difficult because we don’t do site visits together and share observations. Also, viewing detailed plans is difficult on-screen leading to confusion and otherwise unwarranted continuances. Solo site visits are difficult because residents are not always expecting a visit and wearing masks. Chair Freeman requested Agent Greenberg-Lemos develop a plan to classify projects as simple enough for remote consideration versus complicated and requiring deferral until a time when the Commission can meet again in person. Agent Greenberg-Lemos will review submissions for the June 17 meeting. Agent Greenberg-Lemos stated she can issue emergency certifications without Commission deliberations.
Denny O’Connell asked Chair Freeman to report that the Wellfleet Conservation Trust has had a discussion with the State and the conservation restriction on 940 Chequesset Neck Rd. can be amended. He will update us on this.
A letter was sent to the Conservation Commission regarding a Chapter 91 license for a pier on Higgins Pond. This is for maintenance with the original pier constructed prior to 1984 so it will not require a NOI filing. It was noted that on the application failed to identify Higgins Pond as a “great pond” per the Colonial Ordinance.
A notice from Eversource was received regarding replacing poles. Barbara Brennessel observed the replacement of the utility pole on Herring River at Old Kings Highway crossing. It was noted that public utilities are exempt from applying for wetlands permits.
Notification of ZBA decision for LaBarge.
Copy of DMF newsletter
Pamphlet “Losing Ground” from MA Audubon.
John Cumbler stated a house on Drummers Cove was installing a new septic system and questioned if the Commission can recommend using an I/A system versus a Title V system. Agent Greenberg-Lemos stated that the leach field would be at least 100 ft from the wetland; therefore, enhanced nitrogen treatment was not required. Cumbler stated that we should inform shoreline applicants of the availability of treatment options that provide greater environmental protection, albeit not required by law. As sea levels rise, shoreline systems will have to be upgraded. Portnoy suggested that we amend the regulations to extend the need for I/A systems to some distance greater than 100 ft from the shore .
DLTA: Agent Greenberg-Lemos reported we have received three proposals.
Jurisdictional Opinions – none
Meeting Minutes:
April 15, 2020: John Cumbler moved to approve the amended meeting minutes; seconded by Barbara Brennessel; Debbie Freeman aye, Ben Fairbank aye, John Portnoy aye, John Cumbler aye, Leon Shreve aye, Michael Fisher aye and Barbara Brennessel aye.
May 6, 2020: Barbara Brennessel moved to approve the amended meeting minutes; seconded by John Portnoy: Barbara Brennessel aye, John Portnoy aye, John Cumbler aye, Ben Fairbank aye, Leon Shreves aye, Michael Fisher aye, and Debbie Freeman aye. .
5:00 pm PUBLIC HEARINGS:
Town of Wellfleet, 0 Steele Road (Sluiceway Path), Map 4, Parcel public road layout, RDA, remove two leaning trees across path and other fallen wood obstructing pathway.
Agent Greenberg-Lemos gave an overview of the project. The work will be performed by hand or hand-held power tools. The disturbed ground cover will be replanted. Michael Fisher stated that the extension of the path on the east side of the sluiceway has more trees blocking the path; however, it was determined that this land is National Seashore. John Portnoy identified the RDA as a Negative 3; seconded by Michael Fisher. Leon Shreves aye; John Portnoy, aye, John Cumbler aye, Ben Fairbank aye, Michael Fisher aye, Barbara Brennessel aye, and Debbie Freeman aye.
Wolf, 156 Pleasant Point Road, Map 35, Parcel 110, Certificate of Compliance. Gordon Peabody stated the project is in compliance. Leon Shreves moved to approve a Certificate of Compliance , seconded by John Cumbler. Michael Fisher aye, Barbara Brennessel recused herself; Ben Fairbank aye;¸John Cumbler aye; John Portnoy aye, Leon Shreves aye; and Debbie Freeman aye.
Cashman, 45 Grove Ave., Map 36, Parcel 99, NOI, septic upgrade. Ms. Cushman, property owner, gave an overview of the project, stating they are replacing a 1996 septic system. Michael Fisher stated that the project didn’t look like it would cause much disturbance. John Cumbler questioned the nitrogen overloading. Agent Greenberg-Lemos stated this was approved at the Board of Health meeting and met the setback requirements for a conventional Title V system. Michael Fisher moved to approve the NOI, seconded by John Portnoy: Leon Shreves aye; John Portnoy aye; John Cumbler nay; Ben Fairbank aye; Barbara Brennessel abstaining; Michael Fisher aye; and Debbie Freeman aye.
Rosenberg, 235 Buttry Way, Map 16, Parcel 630, RDA, install electric generator and propane tank, and construct stockade fence to enclose them. Becky Rosenberg and Gar Roosman gave an overview of the project. The area is already disturbed. There was discussion regarding the float which is still in the water and was ordered to be removed at the last meeting.
Becky Rosenberg was under the impression that the National Seashore had to remove the float because it was in place before transfer from NPS to Rosenberg. Michael Fisher identified the RDA as a Negative 3 with the condition that the float be removed by the applicant; seconded by Barbara Brennessel; Barbara Brennessel aye; Michael Fisher aye; Ben Fairbank aye; John Cumbler aye; John Portnoy aye; Leon Shreves aye; and Debbie Freeman aye.
Forbath, 90 Valley Road, Map 4, Parcel 30, RDA, repair stairs to pond. Steven Phillips gave an overview of the project, stating the treads need replacement, along with the supports. Rotted stringer needs to be fixed and the handrails need to be replaced. The posts will stay. There will be no stepping or ground disturbance on the bank. The property line was determined by the Felco plan provided and Phillips said the applicant owns to the pond edge. John Cumbler identified the RDA as a Negative 3; seconded by Barbara Brennessel: Barbara Brennessel aye; Michael Fisher aye; Ben Fairbank aye; John Cumbler aye; John Portnoy aye; Leon Shreves aye; and Debbie Freeman aye.
Johannet, 35 Chequessett Bluff, Road, Map 20, Parcel 37, RDA, remove invasive species and replant with native plants. Ms. Johannet gave a history of the non-native plants planted over the years and she wants to replace with native plants. After discussing the application, the Commission requested additional paperwork: on the site/septic plan map, existing vegetation to be removed, along with the locations, number and plant species for replacement. Barbara Brennessel moved to continue to June 3, 2020; seconded by Ben Fairbank: Barbara Brennessel aye; Ben Fairbank aye; John Cumbler aye; John Portnoy aye; Michael Fisher aye; Leon Shreves aye; and Debbie Freeman aye.
John Portnoy moved to adjourn at 6:15 pm; seconded by Barbara Brennessel: Barbara Brennessel aye; John Portnoy aye; John Cumbler aye; Ben Fairbank aye; Michael Fisher aye; Leon Shreves aye; and Debbie Freeman aye.
Respectfully submitted,
Christine Bates, Committee Secretary
Paperwork submitted:
Town of Wellfleet: RDA application with photos
Wolf: Request for Certificate of Compliance
Cashman: NOI application, site plan
Rosenberg: RDA application, drawings of stockade fence location
Forbath: RDA application, site plan, photographs
Johannet: RDA application site, plan