Approved 12/15/21 Conservation Commission Meeting Minutes
Approved
Wellfleet Conservation Commission
Meeting Minutes
December 15, 2021
Remote Meeting
Attendees: Chair Leon Shreves, Clerk Michael Fisher, Marty Murphy, Barbara Brennessel, John Cumbler, Ben Fairbank, Agent Hillary Greenberg-Lemos, and Christine Bates, Committee Secretary.
4:00 pm Business Meeting
Chair Leon Shreves opened the Business Meeting
Mail / Discussion
Theodore Castro-Santos vessels on the beach. Mr. Castro-Santos stated he keeps his main boat on an officially approved mooring near Pleasant Point in a creek environment and he has a mooring license from the Harbor Master. He stated his family shares a dinghy and they drag it through the spartina up to above the wrack line and he is concerned more damage will be done to the spartina if the new regulations for kayaks and small vessels are followed. He stated you can see a clear path where people are pulling the vessels through the grass onto the beach. He pointed out several people keep their vessels on the grass because the beach is slowly going away. Barbara Brennessel stated the Harbor Master gives permits for dinghies and there are a lot of vessels being kept on the grass around the harbor. We are requiring that people place vessels on the sand. There was discussion regarding moorings and if they are secure even if not buried in the mud. The Commission will be doing site visits in the early spring and summer and see what is working and not working about the new regulations for kayaks and small vessels at town landings.
Agent Greenberg-Lemos reported she asked Trudy Vermehren to be a Commissioner for a couple of months this winter. The Herring River restoration hearing will take place in February. She suggested that Ben Fairbank consider filling out disclosure of apparent conflict of interest paperwork with the Town so he can participate in the Herring River hearing. John Cumbler reported that he has already submitted his paperwork so he can participate.
Greg Berman will be attending the January 5 meeting.
Gordon Peabody will be attending the January 19 meeting regarding the nourishment project at 246 King Phillip Rd.
Jurisdictional Opinions - none
Leon Shreves moved to approve the amended December 1, 2021 Meeting Minutes; seconded by Barbara Brennessel. VOTE: Leon Shreves aye; John Cumbler aye; Ben Fairbank aye; Michael Fisher aye; Marty Murphy aye; and Barbara Brennessel aye. 6-0.
John Cumbler stated he has been doing turtle walks along the Bay/back shore and reported that, for the first time, new rocks are being exposed. He also stated that in some places, the shoreline has moved to right along the coastal bank, so there is nowhere to walk. He further stated that the sand-filled envelopes at 1440 Chequessett Neck Road property are working well, although there is end scour and a section of beachgrass plugs have caved in. At Halloran, 1360 Chequessett Neck Rd., Map 18, Parcel 15, the owner has removed the lower section of the stairs but left the posts at the bottom in place, and it looks like they will wash away. Michael Fisher shared the April 18, 2018 Meeting Minutes for the Halloran property AOOC for these stairs. Agent Greenberg-Lemos will review the plan and will make a site visit.
Leon Shreves moved to adjourn the business meeting at 4:40 pm, seconded by Michael Fisher. VOTE: Leon Shreves aye; John Cumbler aye; Ben Fairbank aye; Michael Fisher aye; Marty Murphy aye; and Barbara Brennessel aye. 6-0.
Public Hearings 5:00 pm
Chair Leon Shreves opened the Public Hearing
Thompson / Romano, 5 Holbrook Ave, Map 21, Parcel 105: Request for a 2 year extension (Form 7) Since no one was attending to represent the application, Barbara Brennessel moved to continue indefinitely; seconded by Michael Fisher. VOTE: Leon Shreves aye; John Cumbler aye; Ben Fairbank aye; Michael Fisher aye; Marty Murphy aye; and Barbara Brennessel aye. 6-0.
Manning, 190 Holbrook Ave., Map 14, Parcel 159, AOOC, Install retaining wall along the northern property line. (Form 5) A site visit was made by the Commission. The property was marked, but not very clearly, for the Commission’s visit. The owner, Luke Manning, stated the property line was staked at the corner of the side porch of the property next door, and another stake was placed halfway down the property line. Mr. Manning stated that a corner of the neighbor’s brick patio is on his land, and also that the decking on the neighbor’s house was never permitted and is partially on his property. Although he reached out to the neighbor, offering free labor and materials to fix the issue, they had not heard from her. The original OOC was for November 7, 2018, which is still valid due to the automatic extension for COVID. The applicants want to build the retaining wall in order to create a more level area because it is difficult to use that part of their property due to its steepness. The work is within the 100’ but outside of the 50’ zone, and the area is already disturbed. They are proposing to use crushed shells or native grass on the surface inside the new retaining wall. Ms. Jenkins, abutter, stated Paul Murphy, a former Building Inspector, had approved her decking. Susan Hannon asked if there is natural drainage on the lot and will the wetland resources be impacted. Mr. Manning stated the pitch of the roof is causing the water runoff and he doesn’t feel there is much erosion due to all the weeds in the area. John Cumbler stated he does not want to see any hard surfaces and wants a Condition that crushed gravel be used on the surface and sand or gravel be used behind the wall. Leon Shreves moved to approve the AOOC with those conditions; seconded by Michael Fisher. VOTE: Leon Shreves aye; John Cumbler aye; Ben Fairbank aye; Michael Fisher aye; Marty Murphy aye; and Barbara Brennessel aye. 6-0. Supervisor: Agent
Stern, 280 Circuit Road, Map 25, Parcel 9, NOI, removal of single-family dwelling and site restoration within 100’ top of costal bank (Form 5). Bob Perry represented the applicant and stated it is demolition and removal. The building is not in immediate danger and sits back 6 or 7 feet from the bank. The clearing of debris will take place along with the removal of pavement. There will be beach grass planting, following the specifications on the Site Plan. The slope of the land away from the shore is beneficial and the runoff will drain back to the inner portion of the driveway. He has filed with NHSP but not heard back yet. He anticipates it will take one or two days to remove the dwelling. The cement block foundation walls will be removed, and the septic system filled with sand. Sandy Berbeco, of 275 Circuit Rd, stated she is concerned about damage to the dirt road from demolition trucks. Mr. Perry responded there will be typical excavation vehicles and the location where the work is being performed will be in an open area. He doesn’t believe there will be any damage to the road. The Commission would like before and after pictures of the road. Ms. Berbeco stated the road drains onto the Stern’s property. Perry stated drainage will be better after this project. The low area will not be filled in and there will not be any effect on her property. Perry stated there are distinct property lines between the National Seashore and Ms. Berbeco’s property, so there will be no impact on the fencing on her property. All wires will be removed. John Cumbler moved to approve the NOI with the Condition that plantings will follow the Site Plan; seconded by Marty Murphy. VOTE: Leon Shreves aye; John Cumbler aye; Ben Fairbank aye; Michael Fisher aye; Marty Murphy aye; and Barbara Brennessel aye. 6-0. Supervisor: Ben Fairbank
Baker, 113 Ione Rd., Map 28, Parcel 72, RDA, septic upgrade (Form 2) Cont’d from 12/01/21 Matt Farrell represented the applicant and reported that he had asked the owners if they would be interested in an I/A septic, and they didn’t feel they wanted to do that. The Title V septic proposed has been approved from the Board of Health. Marty Murphy identified the RDA as a Negative 2; seconded by Ben Fairbank. VOTE: Leon Shreves aye; John Cumbler no; Ben Fairbank aye; Michael Fisher aye; Marty Murphy aye; and Barbara Brennessel aye. 5-1-0.
Batybat Realty Trust (Alonso), 90 Ring Road, Map 41, Parcels 96 and 97.1, NOI, construct an extension to a bedroom Cont’d from 12/01/21 (Form 5). David Lajoie represented the applicant and altered his earlier identification and calculation of the disturbed areas. He also stated his calculations are based on historical disturbance (e.g., lawn, driveway) and he stated it is very difficult to determine what is historical. The addition would be placed on pilings and the owners are willing to upgrade the septic to an I/A system. Lajoie stated the owner will try to find out who did the unpermitted tree cutting and will do anything the Commission wants them to do. The Commission again identified their concerns with the tree cutting, the building addition within the 50’ buffer zone, and the sensitivity of the property. John Cumbler would like to see the deck reduced or removed, add the I/ A system, and resolve the tree cutting apparent violation. At the request of the applicant, Leon Shreves moved to continue the application indefinitely; seconded by Michael Fisher. VOTE: Leon Shreves aye; John Cumbler aye; Ben Fairbank aye; Michael Fisher aye; Marty Murphy aye; and Barbara Brennessel aye. 6-0.
LaJoie, 60 Sarrett Lane, Map 42, Parcel 87.3, NOI (Form 5) Cont’d from 12/01/21. Meeting minutes of 12/01/21 were shared. Lajoie added 6 trees to the revised site planting plan. Leon Shreves moved to approve the NOI with Conditions; seconded by Michael Fisher. VOTE: Leon Shreves aye; John Cumbler aye; Ben Fairbank aye; Michael Fisher aye; Marty Murphy aye; and Barbara Brennessel aye. 6-0. Supervisor: Leon Shreves
Barbara Brennessel moved to adjourn at 6:15 pm; seconded by Leon Shreves. VOTE: Leon Shreves aye; John Cumbler aye; Ben Fairbank aye; Michael Fisher aye; Marty Murphy aye; and Barbara Brennessel aye. 6-0.
Respectfully submitted,
Christine Bates, Committee Secretary
Documents:
Thompson / Romano, Request for extension
Manning: Letter requesting an Amendment to the Order of conditions
Stern: NOI application and back-up
Baker: No additional paperwork
Batybat Realty Trust: revised site plan identifying disturbed area(s)
LaJoie: revised site plan identify