Approved Cons Comm Mtg Mins

Meeting date:

Wednesday, January 18, 2023

Approved Meeting Minutes

ellfleet Conservation Commission

January 18, 2023

Zoom Meeting

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

Regrets: Marty Murphy and John Cumbler

4:00 pm

Business Meeting

Chair Leon Shreves opened the Business Meeting.

Mail / Discussion

1440 Chequessett Neck Road: Seth Wilkinson: Seth Wilkinson gave an overview of the removal and replacement of the depleted sand-filled fiber rolls that have been serving for erosion control. The Order of Conditions is still active for this property. He stated that the bank has experienced some erosion. The new sand will be delivered via the driveway and put over the bank with a conveyor. The bank will not be touched either by machinery or sand directly dumped on it. The Commission expressed concern with the stability of the driveway. The Commission made some recommendations to the owner regarding replacing the wind-eroded revegetation. The landing on the top of the bank is supported by helical piers that are becoming exposed due to erosion. The beach stairs were not fully installed last year. The disused leach pit and septic tank are now hanging off the bank and Wilkinson will discuss the safe removal of them with the owner’s engineers. Wilkinson stated that all the work would be completed by March 2023 and Agent Greenberg-Lemos requested she receive notification before work starts.

Jurisdictional Opinions:

30 Arey’s Lane, Irene McCrorey, Map 26, Parcel 23: pine tree with beetle infestation to be removed. Agent Greenberg-Lemos stated that on her site visit, there were a number of trees marked for removal as well as unapproved sono-tube supported enclosures, an outdoor shower, etc. on the property. Agent Greenberg-Lemos will have a discussion with the owner about unauthorized work. There should be some replanting. The owner should come before the Commission to explain.

Agent Greenberg-Lemos stated that a realtor has been looking into sale of the property at 135 Old Truro Rd., Map 8, Parcel 164. The owner of this property, Mr. Kaplan, never reappeared before the Commission as he had promised on May 5, 2021, to discuss the apparent Order of Conditions violations or to present a revised proposal to receive an amended OoC or a Certificate of Compliance.

Agent Greenberg-Lemos stated that she has authorized Emergency Certification for nourishment for Keller’s Corner

Meeting Minutes – to be reviewed at next meeting

Barbara Brennessel asked the Commissioners how we could encourage applicants to file Certificate of Compliances within a reasonable period. One of the revisions being considered in the Regulations would set a three-year deadline for applying.

Michael Fisher moved to close the business meeting at 4:25 pm; seconded by Barbara Brennessel. VOTE: Barbara Brennessel aye; Leon Shreves aye; Michael Fisher aye; and Ben Fairbank aye. 4-0.

5:00 Public Hearings

Chair Leon Shreves opened the Public Hearing.

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

Taylor, 5 Indian Neck Rd., Map 28, Parcel 230, Certificate of Compliance. This project goes back to 1981. The new owner of the property, Mr. Rugo, provided information regarding the future work on the cottage as well as the proposed enhanced I/A septic system. The property is part of an inheritance estate and requires a Certificate of Compliance. Michael Fisher moved to approve a Certificate of Compliance; seconded by Barbara Brennessel. VOTE: Barbara Brennessel aye; Michael Fisher aye; Ben Fairbank aye; and Leon Shreves aye. 4-0. The applicant did not include the required fee for the request but promised to do so forthwith.

Mandell, 41 and 43 9th St., Map 40, Parcel 155, Request for Extension of its Order of Conditions approved at the Commission’s December 2, 2020 meeting. Jen Crawford stated that the applicant requires additional time since this case has been in litigation and is currently before the ZBA. The original building was destroyed by a fire and a new dwelling will be built which was approved by the Commission. Agent Greenberg-Lemos stated that the current OoC is good until March 2025. The Conservation Commission would not make any decision until after the ZBA makes a ruling. Barbara Brennessel moved to continue indefinitely; seconded by Michael Fisher. VOTE: Michael Fisher aye; Barbara Brennessel aye; Ben Fairbank aye; and Leon Shreves aye. 4-0.

Cohn, 40 First Ave., Map 30, Parcel 124, Certificate of Compliance (SE077-1445). Michael Fisher moved to grant the Certificate of Compliance; seconded by Barbara Brennessel. VOTE: Michael Fisher aye; Barbara Brennessel aye; Ben Fairbank aye; and Leon Shreves aye. 4-0

Cohn, 40 First Ave, Map 30, Parcel 124, Certificate of compliance (SE077-1473). Michael Fisher moved to grant the Certificate of Compliance; seconded by Barbara Brennessel. VOTE: Michael Fisher aye; Barbara Brennessel aye; Ben Fairbank aye; and Leon Shreves aye. 4-0.

Cohn, 40 First Ave., Map 30, Parcel 124, NOI, Coastal Bank Stabilization and Native Planting. Ms. Higgins provided an overview for the stabilization of the coastal bank by replacing the depleted sand filled envelopes within the current footprint on the northern part of the bank. They also propose installing sand filled envelopes at the stairs and south of them. They propose planting beach grass wherever vegetation is sparce along the bank. The original project was completed in 2018 and the sand was renourished again in 2019. The owner understands that monitoring of the beach level is required and that there may be additional sand renourishment needed in the future. Ms. Brennessel stated that she did not see any kind of danger to the house or stairs and questioned the need for this project at this time. Ms. Higgins stated that there was erosion in the area and there were trees which eroded over the bank prior to the previous, approved sand-filled roll installation. That NOI was filed and approved in 2017. It also proposed removing invasives. Ms. Higgins stated that the invasives are mostly bamboo and bittersweet which have gradually returned. They propose targeted herbicide use. Natural Heritage has not responded as yet. Michael Fisher moved to continue to February 1, 2023; seconded by Barbara Brennessel. VOTE: Michael Fisher aye; Barbara Brennessel aye; Ben Fairbank aye; and Leon Shreves aye. 4-0

O’Connnor, 90C LeCount Hollow Road, Map 30, Parcel 9, Cont’d. They will lift the existing house, replace the foundation, construct a modest addition and porch on the east side of the house and a small porch on the west. Theresa Sprague and the owners provided a revised site plan identifying a new enhanced I/A septic system. They also propose reducing 144 sq. ft. from the porch on the west side. In mitigation, they are proposing the removal of over 9,200 sq. ft. of invasives and lawn. The owners stated that there will be gutters on all the rooflines with downspouts into dry wells as required. Ms. Sprague stated that this lot has been developed for over 200 years and the O’Connor’s have made considerable improvements in the environment. Ms. Sprague requested a continuation to February 15, 2023 due to the bare quorum of members of the Conservation Commission present. Michael Fisher moved to continue to 2/15/23; seconded by Barbara Brennessel. VOTE: Michael Fisher aye; Barbara Brennessel aye; Ben Fairbank aye; and Leon Shreves aye. 4-0.

Kerrie Urban Living Trust, 25 Blue Heron Rd., Map 42, Parcel 114, RDA, Install erosion sedimentation controls – This hearing was already heard on 01/04/23 and should have been removed from the agenda.

Michael Fisher moved to adjourn at 5:45 pm; seconded by Barbara Brennessel. VOTE: Michael Fisher aye; Barbara Brennessel aye; Ben Fairbank aye; and Leon Shreves aye. 4-0.

Respectfully submitted,

Christine Bates

Documents:

Taylor: Request for Certificate of Compliance

Mandell: Request for Extension

Cohn: Request for Certificate of Compliance

Cohn: NOI application and back-up material

O’Connor: Revised site plan