Approved Cons Comm Mtg Mins
Approved
Wellfleet Conservation Commission
Meeting Minutes
August 4, 2021
Remote Meeting
Attendees: Acting Chair Leon Shreves, Michael Fisher, John Cumbler, Ben Fairbank, Agent Hillary Greenberg-Lemos, and Christine Bates, Committee Secretary.
Regrets: Barbara Brennessel
4:00 pm Business Meeting
Mail / Discussion
Michael Fisher moved to have Leon Shreves serve as the Chair of the Conservation Commission; seconded by John Cumbler. John Cumbler aye, Michael Fisher aye, Ben Fairbank aye, and Leon Shreves aye. 4-0 John Cumbler moved to have Michael Fisher perform the duties of the Clerk; seconded by Leon Shreves. John Cumbler aye, Michael Fisher aye, Ben Fairbank aye, and Leon Shreves 4-0.
Agent Greenberg-Lemos will follow up with the Fire Dept regarding identification badges for all members.
Leon Shreves moved to approve the amended July 17, 2021 meeting minutes; seconded by Michael Fisher. John Cumbler aye, Michael Fisher aye, Ben Fairbank aye, and Leon Shreves aye 4-0
Agent Greenberg-Lemos stated she had not heard anything from Town Counsel regarding 1440 Chequessett Neck. Town Council will also be contacting her regarding the Herring River regulations.
Jurisdictional Opinions
95 Lt Island Road Remove 1 dead tree located 40’ from water and 44’ from house. No replanting for mitigation is necessary as the property is well vegetated. They are flush cutting it down and removing the debris. Leon Shreves moved to approve the Jurisdictional Opinion; seconded by John Cumbler. John Cumbler aye, Michael Fisher aye, Ben Fairbank aye, and Leon Shreves aye. 4-0.
Lowell Fox 140 Bayberry Lane, working with neighbor, Ron Cook, remove oak tree on Cook’s property which is a house endangerment for Mr. Fox. Mr. Cook signed off on the tree work. One smaller indigenous hardwood will be planted for mitigation. John Cumbler moved to approve the Jurisdictional Opinion; seconded by Michael Fisher. VOTE: John Cumbler aye, Michael Fisher aye, Ben Fairbank aye, and Leon Shreves aye. 4-0.
46 Sandpiper Hill, remove 3 weakened black locust trees in back of property. Plant 6 plicata or junipers in the left rear of the property. The Commission would like an RDA filed. Leon Shreves moved to have the applicants file a Request for Determination form since this project is more intense than a JO; seconded by Michael Fisher. John Cumbler aye, Michael Fisher aye, Ben Fairbank aye, and Leon Shreves aye. 4-0.
Agent Greenberg-Lemos reminded the Commission there will be a meeting with Horsley-Witten in September as well as another with the Board of Health regarding septic system regulations. She also requested at least 2 members of the Commission attend the August 16, 2021 meeting at 7:00pm regarding the use of the HYLDA land that the town purchased, which meeting will be headed by Ryan Curley.
John Cumbler moved to adjourn the business meeting at 4:30 pm; seconded by Ben Fairbank. John Cumbler aye, Michael Fisher aye, Ben Fairbank aye, and Leon Shreves aye. 4-0.
5:00 pm Public Hearings
Commissioners present for the Public Hearings: Chair Leon Shreves, John Cumbler, Clerk Michael Fisher, and Ben Fairbank.
Town of Wellfleet, multiple locations, RDA, replace and expand existing 4” water main with approximately 1.9 miles of new 8” ductile iron water main, beginning at Coles Neck Wellfield and ending at Briar Lane and Main Street intersection. Representing the Town, from Environmental Partners, were Tyler Schmidt, Engineer, and Sabrina Castaneda. Schmidt provided an overview of the project. The water lines will abut the roadway in the town or Commonwealth right of way, and minimize any environmental concerns or issues. If any homeowners want to hook up to the lines, they will need to follow the guidelines of the Town water department. A permit was filed with MA DOT for the Route 6 passageway. There will be catch basin and silt protection along the route. For the wellfield area, turtle protection will be put in place and be monitored by Mass. Wildlife. There is a statutory exemption from filing an NOI for inground water systems. MA DEP will also play a role in evaluating the project. Only a small portion of the road will be disturbed. On Briar Lane, the lines will be under the asphalt; there are no plans for roadway modifications for a bike lane. The work to be performed within the turtle area will be enforced within the nesting protection timeframe. Silt fencing will be required within the100-foot buffer zones. Michael Fisher disclosed he is a Trustee of the Wellfleet Conservation Trust which is not a business organization, and the Wellfleet Conservation Trust has an interest that will be affected when he performs his official duties with regard to this application. Taking into account the facts that he has disclosed above, he feels that he can perform his official duties objectively and fairly. John Cumbler identified the RDA as a Negative 3; seconded by Ben Fairbank. John Cumbler aye, Michael Fisher aye, Ben Fairbank aye, and Leon Shreves aye. 4-0. Condition: conditions from the Division of Fisheries and Wildlife letter of April 14, 2021.
Reich & Pierce, 120 Way #657, Map 4, Parcel 15, after-the-fact RDA, fell two diseased trees and plant 3 shadbush, 8 bear oaks and 4 arrow wood. Gordon Peabody represented the applicant and stated this is an after-the-fact filing. He stated the original 2 trees got moth infested and an arborist dropped the trees before permission had been taken from the Commission. He recommended the new trees outlined in his proposal be planted as mitigation. Peabody stated there is limited invasive plants in the area and will only remove those as necessary. John Cumbler identified the RDA as a Negative 3; seconded by Michael Fisher. John Cumbler aye, Michael Fisher aye, Ben Fairbank aye, and Leon Shreves aye. 4-0.
Goff, 2078 Weatherly Ave., Map 20, Parcel 19, NOI, construct 136 sq. ft. screened porch on pin piles. 200 sq. ft. of native plantings for mitigation. John Cumbler stated this will be an appropriate project. Gordon Peabody represented the applicant and stated this will not be a screened porch but a deck. There will be additional plantings for mitigation because the deck will be 136 sq. ft (larger than was originally stated). A no-mow barrier will be installed. There will be no excavation at the site or machinery. Michael Fisher stated there is periodically standing water in this area and Peabody stated the structure will be raised. Fisher brought up the fact that there is an outdoor shower and the Commission would like to see a drywell and a small deck above water purification layers for the shower. Peabody agreed and will supply a cross-reference drawing. Michael Fisher disclosed he is a Trustee of the Wellfleet Conservation Trust which is not a business organization, and the Wellfleet Conservation Trust has an interest that will be affected when he performs his official duties with regard to this application. Taking into account the facts that he has disclosed above, he feels that he can perform his official duties objectively and fairly. Agent Greenberg-Lemos stated there were no comments from abutters. John Cumbler moved to approve the NOI; seconded by Michael Fisher. John Cumbler aye, Michael Fisher aye, Ben Fairbank aye, and Leon Shreves aye. 4-0. Conditions: add a carbon layer to the outdoor shower and supply a new sketch. Supervisor: Michael Fisher
Behan, 265 Ridge Way, Map 24, Parcel 146, NOI, relocate existing dwelling presently within buffer zone and placing it onto new foundation outside of buffer zone, new well is required (Cont’d) Meeting minutes from 07/17/21 were read into the record. David Lajoie represented the applicant and provided a revised plan for the new location for the foundation. The new relocated building will connect with the existing septic system. There is no change in the number of bedrooms. Michael Fisher stated the leach field is located closer to the bank than the house to be moved, however, the septic tank and leach pit are currently outside of the 50’ filter strip of the bank. Lajoie stated the existing system complies with the Board of Health regulations. Lajoie stated that the erosion at the bank is 3’ per year average and they will have close to 20 years before the leaching would be compromised. The new location for the moved house is outside of the 100’ buffer zone. Agent Greenberg-Lemos stated she does not have the approved septic inspection report nor the design plan for the original system; Lajoie said that he will supply these soon. Attorney Ben Zehnder stated the septic system is not within the jurisdiction of the Conservation Commission and it is only their responsibility to consider the relocation of the house. There will be no alteration to the septic system other than running the line(s) to the new location of the house. Attorney Jean Kampas, attorney for an abutter, stated both houses require the one septic system and she feels the septic system should be upgraded. She stated the lot is a 2003 lot and the assessor’s office stated the lot(s) were identified as one lot in 2017. She stated there will be future work performed on this fragile property. Ms. Kampas stated her client is concerned with the septic system and her water quality as well and Ms. Behan was not following previous agreements which were made. Agent Greenberg-Lemos stated they should move the house if there is room but she cannot speak in regards to the septic system. Once a permit is issued, all the documents are reviewed by the Building Inspector, the Board of Health, and the Conservation Agent. She doesn’t feel we have the authority to force an I/A system. Attorney Zehnder read a legal statement regarding having to go to the ZBA if the house is moved. He stated if in the future the septic system requires upgrading, the applicant would have to come back to the Conservation Commission. Agent Greenberg-Lemos requested a revised plan identifying the location which the leach field could be located the closest landward as well as all the components of the septic system. Lajoie agreed to supply this plan and stated if a new system is required it will be an I/A system. Leon Shreves moved to continue to Sept 1; seconded by Michael Fisher. John Cumbler aye, Michael Fisher aye, Ben Fairbank aye, and Leon Shreves aye. 4-0.
Oyer, 83 Samoset Ave., Map 28, Parcel 113, NOI, renovation and addition to single family dwelling. David Lyttle represented the applicants and provided an overview of the project. There will be construction for a second floor. There is a 17 sq ft increase in the house footprint, above the current deck. One new footing will be dug to support a beam and one sonotube to support the addition. There will be little impact to the resources. A dumpster will remain onsite for construction debris and all storm runoff will be contained by gutters at the roofline. John Cumbler suggested the outdoor shower be modified with a gravel, carbon base outlet. John Cumbler moved to approve the NOI with the condition the outdoor shower has a carbon base outlet; seconded by Michael Fisher. John Cumbler aye, Michael Fisher aye, Ben Fairbank aye, and Leon Shreves aye. 4-0. Supervisor: Michael Fisher
Cushman, Map 36, Parcel 99, 45 Grove Ave., NOI, install sand filled coir envelopes and coir logs as shoreline protection. Construct 1st floor addition, first floor deck and access stairs. (Cont’d) David Lajoie represented the applicant and requested removing the house reconstruction portion of the application; this NOI will deal only with the envelopes and coir logs for shoreline protection. Agent Greenberg-Lemos requested a revised plan be submitted, removing the portion of the construction on the dwelling. Michael Fisher disclosed he is a Trustee of the Wellfleet Conservation Trust which is not a business organization, and the Wellfleet Conservation Trust has an interest that will be affected when he performs his official duties with regard to this application. Taking into account the facts that he has disclosed above, he feels that he can perform his official duties objectively and fairly. John Cumbler moved to approve the NOI for the sand filled coir envelopes and coir logs as shoreline protection; seconded by Leon Shreves. John Cumbler aye, Michael Fisher aye, Ben Fairbank aye, and Leon Shreves aye. 4-0. Condition: coir logs remain covered with sand and evaluated on a yearly basis.
Bromberg, 195 Samoset Ave., Map 28, Parcel 97, NOI, remove existing dwelling and construct new single family dwelling (Cont’d) At the request of the applicant, Leon Shreves moved to continue to September 1, 2021; seconded by Michael Fisher. John Cumbler aye, Michael Fisher aye, Ben Fairbank aye, and Leon Shreves aye. 4-0.
Michael Fisher moved to adjourn at 6:20 pm; seconded by Ben Fairbank. John Cumbler aye, Michael Fisher aye, Ben Fairbank aye, and Leon Shreves aye. 4-0.
Respectfully submitted,
Christine Bates, Committee Secretary
MATERIALS FOR MEETING:
95 Lt. Island Road – request for Jurisdictional Opinion
Lowell Fox – request for Jurisdictional Opinion
46 Sandpiper Hill – request for Jurisdictional Opinion
Town of Wellfleet: Request for Determination of Applicability and back up material
Reich & Pierce – Request for Determination of Applicability and back up material
Goff – Notice of Intent and back up material
Behan – revised site plan
Oyer – Notice of Intent and back up material
Cushman – no new paperwork
Bromberg – email requesting a continuation