Approved Cons Comm Mtg Mins

Approved

Wellfleet Conservation Commission

Meeting Minutes

September 1, 2021

Remote Meeting

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

4:00 pm Business Meeting

Mail / Discussion –

            Discussion with David Lajoie re. Glenmullen  David Lajoie reviewed the previous Order of Conditions and one condition was removing the deck on the north side of the house.  In order to exit out of the slider, they could not remove all the decking.  He proposed a mitigation of 200 sq. ft. of plantings.   Barbara Brennessel would like to see the decking gone and doesn’t feel the mitigation is a good trade.  Lajoie stated all the activity is on the back and southwest side and the Glenmullen’s wanted the screened porch due to mosquitoes.  Michael Fisher pointed out a plan was approved with the removal of a small portion of the deck in order to compensate for the new decking with mitigation of planting.  Lajoie stated there are a total of 3 sliders going to the deck.  David Lajoie stated he will refile paperwork for an Amended Order of Conditions.   

Field Point nourishment with Ann Sterling.  She requested coming to the 9/15 meeting.

Permission for Salicornia Sampling at Uncle Tim’s Island (UMass)  The student(s) who were going to appear before the Commission did not show up in a timely manner.  They will come to another meeting in the future.

Jurisdictional Opinions – none

Planning Board participation:  Agent Greenberg-Lemos stated the meeting is next Wed 9/8/21 at 7:00 pm.  The Commission can’t attend as a Commission and can’t make recommendations without a quorum.

Chair Shreves would like to have a working session to review how we are making conditions and recommendations.  He would like to have a “cheat sheet” so we are handling cases that are similar.  Agent Greenberg-Lemos recommended to wait until after the September 22, 2021 meeting when we discuss  new regulations.  Leon asked members to jot down their ideas. 

Chair Shreves welcomed Martin (Marty) Murphy to the Commission.  Marty stated he has been a summer resident for over 40 years and became a full-time resident for the past 1 ½ years and is a retired attorney.  He represented municipalities, Planning Boards, and Board of Appeals.  He worked with major environmental issues in towns.  He provided information regarding water supplies and affordable housing within one Town he represented. 

Meeting Minutes  Leon Shreves moved to approve the amended 6/19/21 meeting minutes; seconded by Michael Fisher.  VOTE:  Barbara Brennessel aye; Ben Fairbank aye; Michael Fisher aye; and Leon Shreves aye.  4-0    Michael Fisher moved to approve the amended 8/4/21 meeting minutes; seconded by Leon Shreves.  Michael Fisher aye; Ben Fairbank aye; John Cumbler aye and Leon Shreves 4-0.    

Ben Fairbank stated he is concerned with the mosquito and tick spraying.  He stated it is affecting the pollinators.  There was discussion regarding who’s jurisdiction it is because the State is doing the spraying.  There was a town meeting where the town voted to eliminate or reduce spraying 8 or 9 years ago but the State has jurisdiction.   John Cumbler recommended talking with Julian Cyr and Sarah Peake.  Ben would like to see it banned within the 100 foot buffer.  John Cumbler recommended having property owners be made aware of what products are being used.  Michael Fisher stated we could write a letter to the Select Board stating there could be a limit to the spraying.  Ben Fairbank recommended being specific with the description of what products are being.  Barbara Brennessel stated when she worked in a lab environment, everything was labeled and we are not aware of what chemicals and what are potential health risks.  Ben Fairbank stated mineral oils are unregulated. 

Leon Shreves moved to adjourn the business meeting at 4:40 pm; seconded Barbara Brennessel.  VOTE:  Barbara Brennessel aye; Ben Fairbank aye/ Leon Shreves aye/ Michael Fisher aye; John Cumbler aye; and Marty Murphy aye.  6-0

5:00 Public Hearings

In attendance: Leon Shreves, John Cumbler, Michael Fisher, Ben Fairbank, Barbara Brennessel, and Marty Murphy

Anne Suggs Lee Wotherspoon / Creekside LLC (Woodes), 55 Commercial St., Map 15, Parcel 101, Certificate of Compliance.  Agent Greenberg-Lemos stated this was an upgrade to the septic system and is in compliance.  Michael Fisher moved to approve the Certificate of Compliance; seconded by Barbara Brennessel.  VOTE:  Barbara Brennessel aye; Ben Fairbank aye; Michael Fisher and Leon Shreves.  4-0.

Johannot, 65 Chequessett Bluff Rd., Map 19, Parcel 140, Certificate of Compliance.  There was no representation for the hearing.   The file is from 1991 and there is no background.  This requires a beach nourishment condition.  Barbara Brennessel moved to continue to 9/23/21; seconded by John Cumbler.  VOTE:  Marty Murphy abstained, Ben Fairbank aye; Michael Fisher aye; Leon Shreves aye; John Cumbler aye and Barbara Brennessel aye.  5-0-1.

Pattyson, 31 Samoset Road, Map 28, Parcel 119, Certificate of Compliance.  Agent Greenberg-Lemos stated this was for a Septic system upgrade and is in compliance.  Barbara Brennessel moved to approve the Certificate of Compliance; seconded by  .  VOTE:  Barbara Brennessel aye; John Cumbler aye; Michael Fisher aye; Ben Fairbank aye; Leon Shreves aye and Marty Murphy Abstaining.  5-0-1.

Palumbo, 90 Aunt Sarah’s Way, Map 42, Parcel 58, Certificate of Compliance.  Agent Greenberg-Lemos stated the project is in compliance which was to relocate the driveway and raise the dwelling.  Barbara Brennessel moved to approve the Certificate of Compliance; seconded by John Cumbler.  VOTE:  Barbara Brennessel aye; John Cumbler aye; Michael Fisher aye; Leon Shreves aye; Ben Fairbank aye and Marty Murphy Abstaining.  5-0-1.

Ingram, 15 Pine Point Rd., Map 21, Parcel 41, RDA (after the fact) 10’ x 12’ shed.  Gordon Peabody represented the applicant and he stated a building permit was granted for the shed.  The patio was approved with a NOI a year ago.  There is a gravel base under the shed and Peabody stated it is adequate for drainage.  There is a fire pit which was approved in the previous NOI.  Barbara Brennessel stated she doesn’t recall approving the fire pit and patio.  The patio looks like stone-to-stone and not as previously approved.  Agent Greenberg-Lemos will review the previous approved NOI and a letter will be sent if the patio is not in compliance.  John Cumbler stated he feels the patio was reduced in size and feels the fire pit should be eliminated or moved to the existing patio due to foot traffic.  Michael Fisher identified the RDA as a Negative 2 with conditions; John Cumbler seconded.  VOTE:  Barbara Brennessel aye; John Cumbler aye; Michael Fisher aye; Marty Murphy aye; Ben Fairbank aye and Leon Shreves aye.  6-0. 

Hess, 346 Cove Road, Map 28, Parcel 22, RDA, additions:  12’ extension of the existing 2 story gable roofed structure and a one-story wing for new master bedroom suite and a new entrance and a new wood deck.  Ms. Hess stated they are going to be living here year-round and require an additional bedroom.  She stated part of the property is within the Critical Concern.  Edrick van Beuzekom, architect, provided an overview of the project.  He stated the house is quite a distance from the resources.  The majority of the changes are outside of the ACEC.  There is a deck within the critical area of concern and 2 small areas within the jurisdiction.  Agent Greenberg-Lemos stated this is a minor project within the resources.  Barbara Brennessel stated she is concerned with habitat within the area. She wants to see all the disturbed areas including driveways and walkways.  John Schneible stated the wetland is over 200 feet away.   John Cumbler stated he hopes they use an I/A or nitrate safe system when they upgrade their septic.  Barbara Brennessel identified the RDA as a negative ….; seconded by Michael Fisher.  VOTE:

Barbara Brennessel aye; John Cumbler aye; Marty Murphy aye; Ben Fairbank aye; Michael Fisher aye; and Leon Shreves.  6-0

Boehringer, 164 Cliff Road, Map 24, Parcel 100, AOOC, new location for foundation and retaining wall 4 feet further away from coastal bank.  Bob Boehringer and Gary Lucus, contractor, provided information on the proposed project.  There was a suggestion to construct a new foundation and retaining wall away from the ocean by four feet.  This is an amendment to a previously approved plan.  Barbara Brennessel stated the original approval was because it would be less detrimental to the area.  Mr. Boehringer stated the current system will be removed.  Gary Lucus stated there will not being any further disturbance and when the old foundation is removed, the septic system will be moved up to the parking area further from the coastal bank.  The new tank will be 30 to 35’ past where the coastal bank is.  John Cumbler stated the sooner the better to move the house and feels it will have less of an impact.  Barbara Brennessel moved to approve the AOOC, seconded by Michael Fisher.  Barbara Brennessel aye; John Cumbler aye; Marty Murphy aye; Ben Fairbank aye; Michael Fisher aye; and Leon Shreves.  6-0

5:00

Behan, 265 Ridge Way, Map 24, Parcel 146, NOI, relocate existing dwelling presently within buffer zone and placing it into new foundation outside of buffer zone, new well is required (Cont’d)  David Lajoie represented the applicant and stated he provided a letter and a sewage inspection form.   A new plan was provided for future installation and will include an I/A system.  Jean Kampas, representing the abutter, stated there are concerns regarding the inspection and the distribution box requires to be replaced.  She feels there should be a separate filing.  She stated the pipe from the existing system would have to be removed and she does not know what is involved with removing pipe within the buffer zone which is seaward of the existing house.  The re-piping will also takes place within the buffer zone and is concerned there will be further damage to the buffer zone with relocating the house as well as the septic which  will need to be relocated.  She stated a new septic will still be within the buffer zone and could be relocated outside of buffer zone.  David Lajoie reiterated there are two existing dwellings on the property and applicant is concerned with future erosion.  One building will be elevated and rolled to the new site.  There is no change in bedrooms.  New house will be connected to current septic which is within the proposed work limit and is fenced off with no significant vegetation.  At the last meeting,  Agent Greenberg-Lemos requested floor plans and a sewage inspection report and it is labeled that the D box was not inspected because it was below the ground.  He reviewed the locations and depths of the septic.  A new plan was prepared for the future when the existing septic system fails.  The leach area is over 200’ from the well and maximizes the distance from the wetlands.  An I/A treatment will be used in the future.   There was discussion regarding saving the house and utilizing the current septic system. Agent Greenberg-Lemos stated David supplied what we asked for.  Meeting minutes of 8/4/21 were read into the record.  At lengthy discussion took place regarding the monitoring of the bank and current septic system and it was agreed upon to place a marker at 25’ from the current leach pit and an agent will be allowed to go on the property on a yearly basis to monitor the bank.  The owners will have to come back to the Commission when the new I/A system is to be installed.  The owners of the property will send a yearly letter to the Conservation Agent.  Michael Fisher moved to approve the NOI; seconded by Ben Fairbank.  Barbara Brennessel aye; John Cumbler aye; Ben Fairbank aye; Michael Fisher aye; and Leon Shreves.  5-0

Bromberg, 195 Samoset Ave., Map 28, Parcel 97, NOI, remove existing dwelling and construct new single family dwelling (Cont’d)  Attorney Ben Zehnder represented the applicant.  Meeting minutes of 6/16/21 were read into the record.   Zehnder reviewed the history of the house, the hearings and appeals.  John O’Reilly provided an overview of the revised project with revisions to the patio, and the existing deck has been pulled back.  The patio will be at the edge of yhe velocity zone.  The sunken area has been reduced and pulled out of the buffer zone.   There is an increase in walkways, the house will remain a 2 bedroom, being served with a nitrogen system.  There is a proposed mitigation of 1100 sq. ft, . 850 sq. ft. of shrub planting on the south side along the property line and removing the dense vegetation along the patio along the coastal bank.  After discussion it was agreed the outdoor shower will be filtered into the ground with gravel and wood chips.  The patio will be returned to decking with pea stone under it to avoid run off.  Michael Fisher moved to approve NOI; seconded by John Cumbler. VOTE:  Barbara Brennessel aye; John Cumbler aye; Marty Murphy aye; Ben Fairbank aye; Michael Fisher aye; and Leon Shreves.  6-0

Callahan, 149 Commercial St., Map 27, Parcel 120, NOI, replace segment of marine bulkhead.  Bob Perry represented the applicant and stated there are issues with the concrete bulkhead.  Rather than replace it with concrete, they will use a low-profile marine style wall.  It will be 4 ½ feet tall and a small machine will be used to install it.  There will be a small landing with an open frame stairway.  This will be approximately 40’ long.  Beach grass will be planted along the top.  There is little foot traffic in the area and will not block any access for people walking along the water.  The Commission requested information on the materials to be used and Bob Perry will supply that information to them.  John Cumbler suggested the applicant reach out to the Waste Water Committee because they may be interested in partnering with the homeowner for a filter to negate nitrogen.  The bulkhead has to abut the neighbor’s wall.  It was recommended they have a discussion with the abutters.  Michal Fisher stated in December a NOI was approved and Ms. Callahan stated she has not started the project due to Covid.  Barbara Brennessel moved to continue to 9/15/21, seconded by John Cumbler.  Barbara Brennessel aye; John Cumbler aye; Marty Murphy aye; Ben Fairbank aye; Michael Fisher aye; and Leon Shreves.  6-0

Barbara Brennessel moved to adjourn at 7:15; seconded Michael Fisher.  VOTE: Barbara Brennessel aye; John Cumbler aye; Marty Murphy aye; Ben Fairbank aye; Michael Fisher aye; and Leon Shreves.  6-0

Respectfully submitted,

Christine Bates

Documents:

 Suggs/Wotherspoon:  Request for Certificate of Compliance

Johannot:  Request for Certificate of Compliance

Pattyson:  Request for Certificate of Compliance

Palumbo:  Request for Certificate of Compliance

Ingrahm:  Request for Determination of Applicability

Hess:  Request for Determination of Applicability

Boehringer:  Request for Amended Order of Conditions – back up material

Behan:  letter septic inspection and new site plan

Bromberg:  revised plans

Callahan:  Notice of Intent with back up materials