Approved 03 17 21 Cons Comm mtg mins

Meeting date:

Wednesday, March 17, 2021

Approved

Wellfleet Conservation Commission

Meeting Minutes

March 17, 2021

Remote Meeting

Attendees: Michael Fisher, Leon Shreves, Barbara Brennessel, John Cumbler, Ben Fairbank, Agent Hillary Greenberg Lemos, and Christine Bates, Committee Secretary.

Regrets: John Portnoy

Acting Chair Leon Shreves opened the Business Meeting at 4:07 pm. John Cumbler moved to open the business meeting; seconded by Michael Fisher VOTE: Michael Fisher aye, Leon Shreves aye, Barbara Brennessel aye, John Cumbler aye and, Ben Fairbank aye. 5-0.

Mail / Discussion

Barbara Brennessel had emailed a photo of stairs going to the beach, which the Commission identified as at 1400 Chequessett Neck Road (Map 18, lot 6). Agent Greenberg-Lemos will determine the location of the stairs on google earth and contact Gordon Peabody, who may have designed the stairway. The approved design on file shows sectional installation but limited detai on the structure.

Agent Greenberg Lemos received a letter from Eversource advising the Commission of selective use of herbicides along the power lines. She stated she would send a letter advising the locations that the town does not want it applied (specifically wells in the area). She read the letter she previously sent to Eversource.

Jurisdictional Opinions

Richard Lay, Map 8, Parcel 61, project consists of removing 2 dead trees and a brush pile within the wetland. The trees have fallen away from the wetland. One is a locust and the other an unidentified tree. They want to limb and remove from the property and cut the trees at ground level. Doug Guey-Lee made a site visit and stated this is reasonable. Barbara Brennessel moved to approve the Jurisdictional Opinion; seconded by John Cumbler. VOTE: Michael Fisher aye, Leon Shreves aye, Barbara Brennessel aye, John Cumbler aye and, Ben Fairbank aye. 5-0.

Agent Greenberg-Lemos had a request from Tony Massari of 244 King Phillip Road to replace railing. She stated it is reasonable. There will be no work performed on the beach, only the rocks. Barbara Brennessel moved to approve the Jurisdictional Opinion; seconded by John Cumbler. VOTE: Michael Fisher aye, Leon Shreves aye, Barbara Brennessel aye, John Cumbler aye and, Ben Fairbank aye. 5-0.

Lillian Greenberg called Agent Greenberg-Lemos regarding marshland property across from her house on Anawan Road. There are shrubs she would like to have removed. Doug Guey-Lee will make a site visit. She thinks the shrubs are invasive and she doesn’t want them to take over.

Agent Greenberg-Lemos reported the Town Administrator, Doug Guey-Lee, the owner of the property and herself had a zoom meeting regarding the property at 135 Old Truro Road. There was an issue with the silt fence being removed and the location of the decking not on the approved building plan. The owner stated he would supply an as-built card.

Paperwork for the Samoset Peer review was received just prior to the start of this meeting and Agent Greenberg-Lemos would like the Commissioners to have an opportunity to review it. The report will be sent to homeowners.

Meeting Minutes

2/3/21: Barbara Brennessel moved to approve the amended February 3, 2021 meeting minutes; seconded by Michael Fisher. VOTE: Michael Fisher aye, Leon Shreves aye, Barbara Brennessel aye, John Cumbler aye and, Ben Fairbank aye. 5-0.

2/17/21 Barbara Brennessel moved to approve the amended February 17, 2021 meeting minutes; John Cumbler seconded. VOTE: Michael Fisher aye, Leon Shreves aye, Barbara Brennessel aye, and John Cumbler aye. Ben Fairbank abstained. 4-0.

3/3/21 Michael Fisher moved to approve the amended March 3, 2021 meeting minutes; seconded by Barbara Brennessel. VOTE: Michael Fisher aye, Leon Shreves aye, Barbara Brennessel aye, John Cumbler aye and, Ben Fairbank aye. 5-0.

Agent Greenberg-Lemos reported further activity at the Shannon residence on Main Street. She sent a letter to them.

Michael Fisher moved to close the business meeting at 4:45 pm; seconded by John Cumbler. VOTE: Michael Fisher aye, Leon Shreves aye, Barbara Brennessel aye, John Cumbler aye and, Ben Fairbank aye. 5-0.

5:00 - Public Hearings:

Michael Fisher moved to open the public hearings; seconded by John Cumbler. VOTE: Michael Fisher aye, Leon Shreves aye, Barbara Brennessel aye, John Cumbler aye and, Ben Fairbank aye. 5-0.

Simone Peer Review: Map 28, Parcels 186 and 185, 5 and 11 Samoset, NOI, shorefront protection and beach renourishment (Cont’d) Agent Greenberg-Lemos stated Simone and Michelson are under one peer review. The Commission has not had an opportunity to review this. Coastal Engineering will submit a letter and will be reviewed with the report at the 04/7/21 meeting. Barbara Brennessel moved to continue to 04/07/21; seconded by Michael Fisher. VOTE: Michael Fisher aye, Leon Shreves aye, Barbara Brennessel aye, John Cumbler aye and, Ben Fairbank aye. 5-0.

Michelson Peer Review: Map 28, Parcel 184, 21 Samoset, NOI, shorefront protection (Cont’d) Barbara Brennessel moved to continue to 04/07/21; seconded by Michael Fisher VOTE: Michael Fisher aye, Leon Shreves aye, Barbara Brennessel aye, John Cumbler aye and, Ben Fairbank aye. 5-0.

Boehringer Peer Review: Map 35, Parcels 212 and 33, 0 off Bay View and 10 Bay View, NOI, shorefront protection (Cont’d) Agent Greenberg-Lemos she just received the report and will forward it to the appropriate engineers . Barbara Brennessel moved to continue to 04/07/21; seconded by John Cumbler. VOTE: Michael Fisher recused, Leon Shreves aye, Barbara Brennessel aye, John Cumbler aye and, Ben Fairbank aye. 4-0-1.

Cavanaugh, 100 Peace Valley Road, Map 8, Parcel 235, Certificate of Compliance Jason Ellis sent a letter stating the order is in compliance. Barbara Brennessel moved to approve the Certificate of Compliance; seconded by John Cumbler. VOTE: Michael Fisher recused, Leon Shreves aye, Barbara Brennessel aye, John Cumbler aye and, Ben Fairbank aye. 4-0-1.

Moore, 99 Way 60, Map 19, Parcel 13, RDA, professional cutting down of two oak trees and three pine trees. A site visit was made. The number of shrubs to be planted was not identified as mitigation. John Cumbler would like to see the oak trees pruned versus cut down. Mr. Moore stated he would like to plant short trees and will work with the office to supply an official planting plan. Michael Fisher stated Mr. Moore wanted to place the fallen wood at the base of the bank which will provide nutrients and habitat. John Cumbler identified the RDA as a Negative 2; seconded by Leon Shreves. VOTE: Michael Fisher aye, Leon Shreves aye, Barbara Brennessel aye, John Cumbler aye and, Ben Fairbank aye. 5-0.

Currier, 1045 Chequessett Neck Road, Map 19, Parcel 92, RDA, rake area to accept five 2’ x 10’ forms, each 12” wide and 9’ long for solar panels Mark Robinson represented the applicant and stated the site had been staked. No trees will be cut or pruned in order for the solar panels to work. The work will take place 25’ within the 100 foot buffer zone. John Cumbler identified the RDA as a Negative 3; seconded by Barbara Brennessel. VOTE: Michael Fisher recused, Leon Shreves aye, Barbara Brennessel aye, John Cumbler aye and, Ben Fairbank aye. 4-0-1

Yudowitz, 75 Omaha Road, Map 28, Parcel 189, NOI, construct stone revetment to replace existing seawall and installation of replacement driveway. Bob Perry of Cape Cod Engineering represented the applicant. He stated the current seawall is cracked and leaning over. The Yudowitz want to have an alternate driveway. Omaha Road will be used to get to the seawall for the trucks. He described the project and the placement of the stones. There will be incidental beach nourishment. Beach grass will be planted. The contractors will be mindful of the aquaculture activity. The driveway alterations will encompass planting bearberry. There will be a parking spur on the road. The new driveway will have a slight “s” curve and be safer for entry to the beach. No work would be done during terrapin season. Work has to be done from the beach. The existing concrete wall and footings will be removed. Native gravel will be used for the driveway. Omaha Road is very rutted and sandy and the contractor will provide material to smooth the road out and leave it better than it currently is. It was recommended the old driveway be replanted with trees and not shrubs after the trees are removed. Mr. Perry stated it would be 150 feet along the road to access the water from the new driveway and the pathway (old driveway) is a convenience for Ms. Yudowitz. Barbara Brennessel stated she wants to have the path remain a path and not a stairway structure or have material added to maintain it. Debora Spitz, abutter, stated they see several cars in the area and is interested how the driveway will affect her views. Bob Perry stated the driveway will run perpendicular to the current driveway and he will mail a site plan to her so she understands the project. Nancy Civetta stated high tide comes in everyday and requested a staging site visit with the contractors and Bob Perry. She asked about beach nourishment each year. Perry stated sand will be placed on the revetment so the material releases slowly. He expects some beach nourishment but not a lot. Civetta would like to see the nourishment take place when there are not big moon tides. She questioned if there would be any damage to the road when the revetment is repaired and Perry replied that modest nourishment at the right time of year is the best route. The revetment will take approximately 6 weeks to complete. Ms. Civetta will communicate with the shell fishermen who use the area for access. She is requesting good communication between the owner, the Shellfish Dept. and the contractors. Perry stated there is no intention to block any access for the shell fishermen. Agent Greenberg-Lemos stated she does not feel this requires a peer review. Perry stated this will be a sloped formation of stone which flood water will go over. The cap will be dropped steadily over a 12-foot distance and not have an effect on the end because the sand will not be swept away. It will be less of an impact than what is there now. The assessor’s card stated the house was built in 1974. The wall was completed in 1981. Agent Greenberg-Lemos requested a beach renourishment plan, and identify disturbance between the 50’ and 100’ disturbance, which includes the driveways. Agent Greenberg-Lemos requested the driving path for the contractors and the shell fishermen be identified for soft sand and where they can drive. We need a planting plan for the old driveway area and a nourishment plan, a final plan identifying the disturbance and a definite meeting date. Perry stated plantings should be done in March. Work on the revetment to be done from November through March. Barbara Brennessel moved to continue to May 5, 2021; seconded by John Cumbler. VOTE: Michael Fisher recused, Leon Shreves aye, Barbara Brennessel aye, John Cumbler aye and, Ben Fairbank aye. 4-0-1.

Shaderowfsky, Map 28, Parcels 114 and 113, 77 and 83 Samoset, NOI, construct vinyl seawall (Cont’d). A revised plan was submitted by Coastal Engineering; however, there was no representation at the meeting. Barbara Bennessel moved for continuation to April 7; seconded by John Cumbler. VOTE: Michael Fisher aye, Leon Shreves aye, Barbara Brennessel aye, John Cumbler aye and, Ben Fairbank aye. 5-0.

Coates, Map 30, Parcel 120, 10 First Ave., NOI, remove and prune trees to improve view. Mitigate with native vegetation. Charles Wentz from Ponderosa Landscaping stated the revised plan identifies the reduction in the removal of trees, instead of removing the trees by the house, they will be pruned, prune pitch pines by the decks, and plant 148 plants including 3 additional trees. The Commission appreciated the revised plan. Charles Wentz stated they will plant 3 additional cedars and 3 additional oak trees. Michael Fisher moved to approve the NOI with conditions; seconded by Barbara Brennessel. VOTE: Michael Fisher aye, Leon Shreves aye, Barbara Brennessel aye, John Cumbler aye and, Ben Fairbank aye. 5-0. Supervisor: Michael Fisher

Michael Fisher moved to adjourn at 6:30 pm; seconded by John Cumbler 5-0. VOTE: Michael Fisher aye, Leon Shreves aye, Barbara Brennessel aye, John Cumbler aye and, Ben Fairbank aye. 5-0.

Respectfully submitted

Christine Bates

Committee Sec’y

Documents:

Simone peer review paperwork

Michelson peer review paperwork

Cavanaugh: Request for Certificate of Compliance

Moore: RDA application and site plan

Currier: RDA application and site plan

Yudowitz: NOI application and back up materials

Shaderowfsky: revised site plan

Coates: Revised site plan