07/27/2023 CONSERVATION COMMISSION Minutes

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6:09 26 Wheeler Road, 26 Wheeler Road, LLC. Proposed removal of 20 (twenty) infested pitch RDA and white pine trees. Representative: Self. \[Conservation Agent met with applicant onsite a few months back and provided administrative approval for the removal of several infested pitch and white pines in the buffer zone. Clear evidence of turpentine beetle infestation. The addition of sand/grading to this area is what triggered the RDA application\] In response to Ms. Zollo questioning why the trees were not replaced, Mr. McManus indicated that nothing in the regulations requires it and the decision to remove beetle infested pines is always done administratively (Obviously dead and/or a danger to pedestrian foot traffic). Mr. McManus went on to note that the Commission has authority to ask for remedial action, however. The applicant indicated the plan was to put sand down for a beach and keep the buffer but was open to remedial measures if required. Ms. Zollo noted that the trees were native, serving a natural function, and storing carbon and was concerned about the loss of vegetation (“I struggle with that one.”). In response to Ms. Clapprood, Mr. McManus clarified that the beetle infestation was dealt with by grinding out the stumps and not a reason for not requesting revegetation. Mr. McManus was unsure of the work’s scope and thought it appropriate to bring to the Commission. Ms. Godfrey expressed concern about the sand washing into the pond and echoed Ms. Zollo’s preference for some vegetation. Mr. Colombo noted the size of the area and loam piles which the applicant gathered from the work done to remove a previously, rat infested shed. (Covering poison ivy). The applicant expressed a desire to make the lot usable and presentable for his grandchildren. Ms. Zollo came back to her discomfort of no vegetation and the proposed sand replacement. Mr. Colombo expressed a desire for a berm between the excavated area and the pond. The applicant expressed support and reiterated his desire to make the property presentable with native plantings. Mr. McManus recommended to use the Cape Cod Cooperative Extension vegetation list with 3 different plants minimum. Mr. McManus thought the applicant should come back with a plan (no professional engineer required) for an RDA – specific species and incorporate a berm with half being vegetated (25-foot past berm). Mr. McManus reassured the applicant that Conservation Commission would be able to provide guidance on how to proceed to assure successful plantings. th August 24 @ 6:03 Ms. Zollo made a motion for a continuance (to allow for the plan to be developed) which was seconded by Ms. Clapprood. Roll Call Vote: Alexandra Zollo (Yes) Marjorie Clapprood (Yes) Sandra Godfrey (Yes) Paul Colombo (Yes) 4 – 0 (unanimous) 6:12 0 Gooseberry Island and 0 Punkhorn Point Road, Matthew Haney, Trustee, RDA Gooseberry Island Trust and SN Trust. Proposed wetland jurisdiction determination. Representative: Law Offices of Paul Revere, III. The applicant went through the legal history regarding Gooseberry Island and Punkhorn Point Road. Prior to seeking and arguing for a regulatory taking, the applicant needs to seek permitting for access to the island – project for a bridge arguably authorized by exemption to Wetland Protection Act (1908 Act) – via a steel bridge to the island.