Approved Cons Comm Mtg Mins

Meeting date:

Wednesday, January 4, 2023

Approved

Wellfleet Conservation Commission

January 4, 2023

Zoom Meeting

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

4:00 pm

Business Meeting

Chair Leon Shreves opened the Business Meeting.

Mail / Discussion

Jurisdictional Opinions

Wechsler, 101 Samoset Ave., Map 28 Parcel 110, replacement of existing landscape retaining wall underneath deck. Jeremy Young presented the application saying that the same number of timbers will be used in the same locations. John Cumbler moved to approve the Jurisdictional Opinion; seconded by Barbara Brennessel. VOTE: Barbara Brennessel aye; Marty Murphy aye; Michael Fisher aye; Ben Fairbank aye; Leon Shreves aye; and John Cumbler aye. 6-0.

Sheetz, 125 Marvin Way, Map 21, Parcel 26, Jeremy Young spoke on behalf of the applicant and stated that they are looking to replace the existing outdoor shower utilizing a nitrogen reduction feature and also to replace a brick patio at the rear of the dwelling and right of the dwelling. The patio is a one-for-one replacement and located between the 50’ and 100’ buffer. The Agent will ask for an “as built” to ensure that it is the same size. Michael Fisher moved to approve the Jurisdictional Opinion; seconded by Barbara Brennessel. VOTE: Barbara Brennessel aye; Marty Murphy aye; Michael Fisher aye; Ben Fairbank aye; Leon Shreves aye; and John Cumbler aye. 6-0.

Sullivan, 46 Wigwam St., Map 35, Parcel 140: remove one dead pine tree at rear of property, removal of one pitch pine leaning over the house. Agent Hillary Greenberg-Lemos made a site visit and stated that there is good ground cover and pitch pines all along the property, so no replacement planting is appropriate. Michael Fisher moved to approve the Jurisdictional Opinion; seconded by John Cumbler. VOTE: Barbara Brennessel aye; Marty Murphy aye; Michael Fisher aye; Ben Fairbank aye; Leon Shreves aye; and John Cumbler aye. 6-0.

Open Space Articles: Michael Fisher provided the context and presented the two draft warrant articles that the Open Space Committee will present to the Select Board. These articles create an Open Space Conservation Fund initially from an award of $150,000 from the Community Preservation Committee using CPA funds. If approved, the money can be used for conservation activities. The unused money carries over into the next year. The Conservation Commission had passed a general statement of support on December 7, 2022. These draft Warrant Articles should have an endorsement from the Conservation Committee. The Commission made two suggestions: “in” should be changed to “into” in the sentence “The Town may appropriate money, including CPA Funding, into the Fund in any year”; there should be a stated that maximum amount that can be withdrawn by the Conservation Commission without prior approval by a Town Meeting. Leon Shreeves moved to approve the draft articles; seconded by John Cumbler. VOTE: Barbara Brennessel aye; Marty Murphy aye; Michael Fisher aye; Ben Fairbank aye; Leon Shreves aye; and John Cumbler aye. 6-0.

Barbara Brennessel recommended that the Conservation Commission schedule a meeting with the Shellfish Advisory Board and Shellfish Warden concerning the Commission’s policy of requiring sand renourishment by homeowners at specific sites. Agent Greenberg wants to explain this policy and the reasons for the amount of sand required, as well as the time of year period that the nourishment can take place. She will contact the Shellfish Advisory Board about scheduling their participation with the in a future Commission Business Meeting.

Barbara Brennessel reminded the Commission that last year it was moving forward on revision of its Regulations and Bylaws. Agent Greenberg will circulate the latest copy of proposals and schedule a working session to complete this.

1440 Chequessett. Neck Rd. Agent Greenberg-Lemos made a site visit with the Building Inspector. The sand filled coir rolls have disintegrated. The sandbank looks unstable and it appears there may be cracking within the foundation. Seth Wilkinson contacted Agent Greenberg-Lemos and requested the opportunity for the owner to come before the Commission and describe his plans according to the current Order of Conditions.

Each Commissioner stated the dates of future meetings that they may not be able to attend.

Meeting Minutes Michael Fisher moved to approve the December 7, 2022 Meeting Minutes; seconded by Barbara Brennessel. VOTE: Barbara Brennessel aye; Marty Murphy aye; Michael Fisher aye; Ben Fairbank aye; Leon Shreves abstain; and John Cumbler aye. 5-0-1

Michael Fisher moved to close the business meeting at 4:35 pm; seconded Barbara Brennessel. VOTE: Barbara Brennessel aye; Marty Murphy aye; Michael Fisher aye; Ben Fairbank aye; Leon Shreves aye; and John Cumbler aye. 6-0.

5:00 Public Hearings

Chair Leon Shreves opened the Public Hearing.

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

Silvergray LLC, 55 Erics Way, Map 8, Parcel 70, NOI, remove 4 dead trees, prune 1 tree and trim an additional tree. remove a maple tree, revegetate, add a paved patio. (Cont’d from Dec. 7, 2022) Dan Silverman and Janice Gray came to the table. The Commission had requested square footage of disturbance and a revised site plan which they provided. The patio plan has been reduced in size. Dan stated that they would do the revegetation for the removed trees with 4 or 5 eastern red cedar trees instead of only shrubs. There will be spacing between the flag stones for the patio. There are also other areas for mitigation planting. John Cumbler moved to approve the NOI; seconded by Leon Shreves. VOTE: Barbara Brennessel aye; Marty Murphy aye; Michael Fisher aye; Ben Fairbank aye; Leon Shreves aye; and John Cumbler aye. 6-0. Supervisor: Barbara Brennessel.

Wechsler, 101 Samoset Avenue, Map 28, Parcel 110, RDA, Maintenance repairs to concrete seawall (Cont’d from December 7, 2022) John Bologna of Coastal Engineering gave an overview of the project. The beach stairs will have identification attached to them. The area does not look like there is active erosion of the beach area. The homeowners are aware that the beach will be monitored for sand loss, with an annual report to be submitted to the Conservation office. If necessary, there will be sand renourishment. Nancy Civetta, Shellfish Warden, reiterated that any renourishment plan needs to be reviewed because this is an active shell fishing area. Barbara Brennessel identified the RDA as a Negative 2; seconded by Michael Fisher. VOTE: Barbara Brennessel aye; Marty Murphy aye; Michael Fisher aye; Ben Fairbank aye; Leon Shreves aye; and John Cumbler aye. 6-0.

Supervisor: Agent Greenberg-Lemos.

Meader, 206 Holbrook Ave, Map 14, Parcel 161, NOI, addition to dwelling (Cont’d from December 7, 2022). Charles Wentz of Ponderosa Landscaping reviewed the changes made to the proposed site plan. The patio has been reduced in size and the shower will be at the 100’ buffer line with gravel and woodchips under it. All downspouts will have dry wells. He stated that they want to remove a couple of trees and will plant approximately 150 plants for mitigation. The driveway will be a little larger than the current one, low growing plants will be placed to the side of the driveway, and the lawn in front of the house will remain the same size so there is an area to walk around the house. The Commission has the Condition that no fertilizer be used on the lawns. Martha Meader discussed the current septic system on the property which is used seasonally and there are only 2 bedrooms. The current water usage is below what the system can handle, and they would like to keep the current septic system. John Cumbler expressed concern with the septic system, especially if the property is turned into year-round use. Michael Fisher moved to approve the NOI; seconded by Marty Murphy. VOTE: Barbara Brennessel aye; Marty Murphy aye; Michael Fisher aye; Ben Fairbank aye; Leon Shreves aye; and John Cumbler abstained. 5-0-1.

Supervisor: Michael Fisher

Miller, 600 Chequessett Neck Rd., Map 19, Parcel 63, NOI, upgrade septic, tree removal and restoration of landscaping (Cont’d from December 7, 2022) Jason Ellis represented the owners and a new mitigation plan was presented with a 3-1 mitigation for trees. The removed trees will have their roots remain. The owners will have to get Town permission to remove the three or four trees on Town owned land. Leon Shreves moved to approve the NOI; seconded by Barbara Brennessel. VOTE: Barbara Brennessel aye; Marty Murphy aye; Ben Fairbank aye; Leon Shreves aye; and John Cumbler aye. 5-0. Michael Fisher recused.

Supervisor: Agent Greenberg-Lemos

Falk/Marques Pasqual, 117 Samoset, Map 28, Parcel 107, AOC, add stairway off the back deck, squaring off foundation in front increasing covered front porch. Matt Farrell represented the owners and stated that the original project was approved by the Commission on October 6, 2021. The 12/23/22 revised site plan identifies a new NITRO system with watertight tanks. The leaching area will be approximately the same size and there will be gravity flow since the house will be raised. There will be a landing and stairway off the back deck and the front porch will be enlarged. There is an existing rinse station at the 100’ buffer location. John Cumbler moved; to approve the Amended Order of Conditions; seconded by Barbara Brennessel. VOTE: Barbara Brennessel aye; Marty Murphy abstained; Michael Fisher aye; Ben Fairbank aye; Leon Shreves aye; and John Cumbler aye. 6-0

Bishop, 385 Pilgrim Spring Road, Map 29, Parcel 238, RDA, septic upgrade. Jason Ellis represented the applicant and stated that this is a failed system. They have received approval from the Board of Health for a new Title V system. The only work inside the 100’ buffer zone is abandoned the leach pit. John Cumbler stated that he will not vote for this Title V septic system. Jason stated that the Commission’s regulations allow a Title V septic system and the Board of Health has approved it. Barbara Brennessel moved to identify the RDA as a Negative 3; seconded by Leon Shreves. Michael Fisher recused. VOTE: Barbara Brennessel aye; Marty Murphy aye; Ben Fairbank aye; Leon Shreves aye; and John Cumbler nay. 4-1.

Seipt, 1658 Route 6, Map 30, Parcel 82, RDA, remove 7 pitch pines which are a hazard to her property. A site visit was made. A to Z Trees will be doing the removal and trimming. It was agreed the trees pose a problem. But the Commission set the Condition that the disorderly site within the Buffer Zone will be cleaned up. John Cumbler identified the RDA as a Negative 2; seconded by Barbara Brennessel. VOTE: Barbara Brennessel aye; Marty Murphy aye; Michael Fisher nay; Ben Fairbank aye; Leon Shreves aye; and John Cumbler aye. 5-1.

Urban, 25 Blue Heron Road, Map 42, Page 114, RDA, Install erosion/sedimentation controls. This property is within the ACEC. Bill Kenney represented the owners and provided an overview of the project; 177 linear feet of compost fiber rolls will be used to stabilize for planting. Once the vegetation is established, the rolls will be removed. The Commissioners on their site visit noted a petroleum odor at the property which was a concern and someone should check it out. Barbara Brennessel identified the RDA as a Negative 3; seconded by John Cumbler. VOTE: Barbara Brennessel aye; Marty Murphy aye; Ben Fairbank aye; Leon Shreves aye; and John Cumbler aye. Michael Fisher recused; 5-0.

Mellow Marsh, 310 Pleasant Point, Map 35, Parcel 147 Certification of Compliance Agent Greenberg-Lemos made a site visit and stated that this is in compliance. Michael Fisher moved to issue a Certificate of Compliance, second by Barbara Brennessel, VOTE: Barbara Brennessel aye; Marty Murphy aye; Michael Fisher aye; Ben Fairbank aye; Leon Shreves aye; and John Cumbler aye. 6-0.

Michael Fisher moved to adjourn the public hearing at 6:20 pm; seconded by Barbara Brennessel. VOTE: Barbara Brennessel aye; Marty Murphy aye; Michael Fisher aye; Ben Fairbank aye; Leon Shreves aye; and John Cumbler aye. 6-0

Respectfully submitted,

Christine Bates, Committee Secretary

Documents:

Silvergray LLC: Revised site plan

Wechsler: RDA filing and back-up material

Meader: revised site plan

Miller: Mitigation Plan

Falk/Marques Pasqual: Revised site plan

Bishop: RDA filing and back up material

Seipt: RDA filing and back up materials

Urban: RDA filing and back up materials

Mellow Marsh: Request for Certificate of Compliance

OSC Preservation Fund Warrant Article 2022 (Revised 12/20/22)

To see if the Town will vote to establish for the Conservation Commission an Open Space Preservation Fund (the Fund) for conservation purposes as described and authorized in the Conservation Commission Act of 1957 (G.L. Ch 40 8C). The Town Treasurer will be the custodian of the Fund and will deposit or invest the proceeds as set out in the Act. Income therefrom shall be credited to the Fund. Money in the Fund may be expended by the Commission subject to the approval of the Select Board. The Fund may receive gifts or donations or further open space funding from the Community Preservation Act (CPA). The Town may appropriate money, including CPA Funding, into the Fund in any year.

OSC Article 22 CPA finance (Revised 12/20/22)

To see if the Town will vote to place The Open Space Committee’s current mandatory allotment of Community Preservation Act Funds, up to $150,000, into an Open Space Preservation Fund as described in a previous Article. This funding will be used only for purposes specifically described in the Community Preservation Act. The income to the Fund will be accounted for separately from other income which could be accepted into the Fund. Any income derived from investments, which would include interest income, will be credited to the Fund and accounted for separately.