Approved Conservation Commision Mtg Min.
Approved
Wellfleet Conservation Commission
Meeting Minutes
July 17, 2019 4;00 pm
Town Hall Meeting Room
Attendees; Deborah Freeman, Barbara Brennessel, John Cumbler, Michael Fisher, John Portnoy, Agent Hillary Greenberg-Lemos and Mary Rogers, Secretary
4:00 - Business Meeting & Conservation Agent's Report
Chair Deborah Freeman called the meeting to order at 4:00 pm.
Barbara Brennessel noted three items; an announcement of a twentieth anniversary for AmeriCorps at Cape Cod Community College; a notice of a Cape Cod Commission hearing on July 25, 2019 at 3 p.m. for Local Comprehensive Plan regulations; and Scott Jackson’s memo on his proposed project on salt marshes.
Meeting Minutes
Barbara Brennessel moved to approve the 06/19/19 meeting minutes as amended; seconded by Mike Fisher; passed 5-0.
Salt Marsh Study Presentation
Scott Jackson from the Department of Environmental Conservation of UMass Amherst presented an overview of his work surveying, classifying and assessing the health of salt marshes in Massachusetts. He will be working with John Woodruff, also of UMass, and the Massachusetts Coastal Zone Management and the EPA collecting data on the many stressors that affect salt marshes. They intend to study two sites in Wellfleet, the Audubon Wellfleet Wildlife Sanctuary and the marsh at the Gut. They will assess degradation in the marshes in order to make predictions about the entire coast. There will be an installation of 8 to 14 ground control points, which will be removed before winter, but the main source of data collection will be done by drones carrying three sensors. The drones, flying at 400 feet, once or twice a month, will not hover or go over homes or people. Piping plover and other birds should not be disturbed because the drones will be so high above them. The photographs taken by the drones will be stitched together using GCPs to improve the accuracy of marsh definition. Data will be collected at various tidal stages. The Commissioners and Scott Jackson discussed bare areas of marsh dieback and creek widening as marshes slide into them. Dr. Jackson said he will share the study’s findings with the Town and other interested parties. The study will provide baseline information for any changes that occur with the Herring River restoration. Conservation Agent Greenberg-Lemos said that the project would not require an RDA, but she will keep in touch with Dr. Jackson.
Blasch Case
Agent Hillary Greenberg-Lemos said the next step in the Blasch case will be Superior Court. There is no date yet, but it could be in December.
Gull Pond Closure
Mike Fisher asked about becoming proactive to prevent cyanobacteria bloom in Gull Pond. Agent Hillary Greenberg-Lemos stated even if the septic systems of homes around the pond were to be upgraded, it would be difficult to tie the algae to septic systems. Even with conventional septic system, waste degrades. In previous years the nutrient levels were not as high as this year. No one has studied cyanobacteria in the Wellfleet ponds before, according to John Portnoy. It is a mystery why it appeared only in Gull Pond and in the middle of the pond, though we don’t know if sampling has been done in other Wellfleet ponds. Test sampling from around the edges of the pond did not show cyanobacteria. George Huefelder of the Barnstable County Department of Health and Environment provides information on cyanobacteria in Cape ponds. The State and the Association to Preserve Cape Cod (APCC) test for cyanobacteria. The State will only test at one pond site, and the APCC is more conservative about closures, Agent Greenberg-Lemos said.
Jurisdictional Opinions
35 Way #14, Map 13, Parcel 134
Abigail O’Hara discussed the edge of the river and her property at 35 Way #14, and Agent Greenberg-Lemos showed the extent of the buffer zone. Commissioners had made a site visit to view the trees which Ms. O’Hara wants to remove. They are outside the buffer zone, she said, but the tree company cannot get to them because of the steep slope. They can only be felled into the buffer zone and could damage a tree inside the buffer zone. Ms. O’Hara said she would be willing to replace trees damaged by felling the tree into the buffer zone. A drop to the left or right would damage more trees, and the tree cannot be dropped towards the house. The pine tree is too dangerous to climb. John Portnoy said the tree is leaning away from the house and can’t imagine it as a threat to the house. He said the other two trees are more of a threat to the house. Nevertheless, Ms. O’Hara said she would like to take it down before it falls down and wants the trees away from her house. She will try to retain as much of a buffer as possible to the wetland, but it’s possible that tree branches in the buffer zone will be damaged when the tree is taken down. Mike Fisher asked about a fourth tree. The JO is for three trees with the leaning tree she’d like to take down identified as P-4. John Portnoy requested mitigation planting of shrubs if the Commission approves. Ms. O’Hara said she is willing to work with Conservation Commissioners on replantings, avoiding invasive species and defining buffer zone borders.
John Portnoy moved to approve the Jurisdictional Opinion for 35 Way #14, Map 13, Parcel 134, with the conditions that the property owners work with the Conservation Agent on the mitigation plan, indicating the location of plants and choosing appropriate plants; seconded by Mike Fisher; passed 5-0
115 Main St., Map 15, Parcel 125
Joanne Hisman spoke on behalf of Katherine Stillman, the owner of the property. She said there are two trees leaning onto the house; one needs to be trimmed, and the other one needs to be removed. The insurance provider will not cover the home if this is not done. Part of the lawn will be replaced with plantings of native species. The property owner needs to speak to the Conservation Agent about plants as mitigation for the tree that needs to be removed.
Barbara Brennessel moved to approve the Jurisdictional Opinion for 115 Main St., Map 15, Parcel 125, with the condition of mitigation plantings; seconded by Mike Fisher; passed 5-0
20 Chris Drive, Map 8, Parcel 50
Barbara Brennessel recused herself.
Homeowner Russell Junkins said he wanted to take down one dead tree and the dead top of another tree on the other side of his house. He also asked about trimming of a tree in front and removing three small hemlocks that had been killed by gypsy moths. Commissioners had made a site visit to his property.
John Portnoy moved to approve the Jurisdictional Opinion for 20 Chris Drive, Map 8, Parcel 50, for trimming and taking down one tree; seconded by Cumbler; passed 4-0-1. The property owners agreed to plant as mitigation if needed; however, there is already thick growth and there may not be room for more plants.
Deborah Freeman closed business portion of the meeting to be reopened after the public hearings. She opened hearings at 5:10 p.m.
PUBLIC HEARINGS
Cassidy, 65 Vanessa’s Way, Map 29, Parcel 246, NOI, replace existing deck (Cont’d.).
Mike Fisher recused himself.
Engineer David Lajoie and homeowner Paul Cassidy explained the parking area that would be available for 65 Vanessa’s Way. The project is to modify an existing deck. There was no vote at the last meeting because of lack of a quorum. There is a fourth parking space indicated on the new plan. The Chair asked Mr. Cassidy if he could provide the Conservation Agent with a copy of his blank lease form and a phone number for abutters to call if there was a violation. Mr. Cassidy said there are situations when unknown parties park on Vanessa’s Way. If one of his tenants is not in his parking area, he would consider submitting the lease form and phone number, but he asked if anyone else had ever been asked to provide this information. He was not inclined to put his phone number on a public register, he said.
Barbara Brennessel asked about the location of a fourth space mapped in the road. She said the first plan with three spaces had been acceptable. Mr. Cassidy said he wanted to provide for the possibility of a fourth car even though it would block one of the other cars in the driveway. The parking space is within the 50 ft. buffer zone. Mr. Lajoie said they had tried to eliminate the parking space that was in Vanessa’s Way. He said they were proposing mitigation plantings.
Dan Morton said the parking spaces come out into the public way. He said the proposed parking was within diamond back terrapin nesting area. Erin Nye read and submitted a letter from her grandparents Mr. & Mrs. Steven Dillon. In their letter, the Dillons enumerated the obstructions and issues that they say the owner and tenants of 65 Vanessa’s Way have created. They requested that parking be placed in the rear of the building. Phillip Morton from the first lot on Vanessa’s Way said he would rather not police the road even though he has Mr. Cassidy’s phone number. He explained the history of the easement over the road and discussed the amount of upland property. Alicia Dillon discussed parking on private roads, but the Chair explained that parking is not within the Conservation Commission’s jurisdiction. Dan Morton said the Cassidys are utilizing more than they should be on the environmentally sensitive and fragile road.
David Lajoie revisited the NOI request to replace a deck. He said the plan shows the driveway parking spaces that exist. They would not be adding parking spaces but eliminating one. Mitigation plantings will be done, he promised.
Deborah Freeman said she had no problem with the deck. Her concern was about parking within the buffer strip, but she didn’t have a solution for moving it out. Barbara Brennessel said the spaces allow two cars to park partially in buffer zone, and a third car almost entirely in it. John Cumbler said he was not okay with Parking Space #3. John Portnoy said that parking cars in the 50 ft. filter strip is destructive. David Lajoie said he could modify the parking plan again and eliminate Space #3.
Barbara Cormier said the Cassidys are limiting the use the land which her father had originally provided for everyone on Vanessa’s Way to use. Dan Morton had another parking issue, which the Chair said was not within the jurisdiction of the Conservation Commissioners, who are not in the business of policing roads. Barbara Brennessel pointed out that the whole road is in the buffer zone.
Barbara Brennessel moved to approve the NOI for 65 Vanessa’s Way, Map 29, Parcel 246, provided parking spot #3 be eliminated. Seconded by John Portnoy; passed 4-0-1.
John Dillon still had questions about Mr. Cassidy’s parking plan, but the Chair informed him that the public hearing for 65 Vanessa Way was over.
Estate of Zeborah Schachtel, 310 Pleasant Point Ave., Map 35, Parcel 147, NOI, septic upgrade
David Lajoie of Felco explained that the property at 310 Pleasant Point Ave. abuts a salt marsh and Blackfish Creek. There is an existing house with a leach field that has failed. The plan shows a new leach field placed on the most northerly part of property under the driveway. It is not within the 50 ft. filter strip. A pump will be needed for the elevated leach field. Mike Fisher asked about the soil test. David Lajoie said that has not yet been done. He has the necessary variances from the Board of Health. The new driveway is in a flood zone. Mr. Lajoie showed the driveway on the plan. The old driveway, which goes to Wigwam St., will no longer be passable; the owners will use Pleasant Point Ave. for access.
Mike Fisher moved to approve the NOI for a septic upgrade for 310 Pleasant Point Ave., Map 35, Parcel 147; seconded by Barbara Brennessel; passed 4-1.
Supervisor to be the Conservation Agent
Shay and Hood, 33 Alves Road, Map 15, Parcel 1134, NOI, new leach area
Mike Fisher recused himself.
Jim Hood and David Lajoie explained that the property at 33 Alves Rd. has an existing house with sharply sloping land down to Duck Creek and the ACEC. The existing septic tank would remain, but the Board of Health had asked them to consider a drip irrigation system for the new leaching area to be placed on the coastal bank. There is a salt marsh, but no beach, at the bottom of the bank. The area of a drip irrigation system is about the same as a leach field area. There might also be a pump installed within the proposed work area. Access to the area will be from the existing paved driveway.
John Portnoy asked if drip irrigation would increase area of disturbance, but David Lajoie said the tubing can be fit into the same area. A cedar tree and two pine trees would need to come down with either system for leaching. There is no way to move the area back towards the road because of the need to maintain a 100-ft distance from adjacent wells. . Mr. Lajoie said this is the first drip irrigation system he has done, and he anticipates digging down six inches to two feet to install it. The trees must come out to excavate the existing leach pit which has to be removed.
Hillary Greenberg-Lemos read into record a letter from an abutters, Margaret Sagan and Michael Simmons, supporting the project for 33 Alves Rd.
John Cumbler moved to approve the NOI for a drip irrigation system for 33 Alves Rd., Map 15, Parcel 1134; seconded by Barbara; passed 4-0-1.
Supervisor to be the Conservation Agent
Bruggeman (LISIC), Lt. Island, 3rd Ave to 5th Ave., Map 40, Parcels various, RDA, prune and trim trees on road (Cont’d).
Mike Fisher recused himself
Rich Bruggeman explained his proposal to trim and prune trees along the roads on Third Ave. and Fifth Ave. on Lieutenant’s Island. This would improve visibility and allow better space for emergency vehicles. Letter was received from Natural Heritage with conditions for time of year, hand-held tools, five-year time limit. Trees will not be cut down, only trimmed. Mr. Buggman has had Dennis Townsend look at the proposed work.
Barbara Brennessel moved to approve the RDA for trimming trees on Lieutenant’s Island Third Ave. to Fifth Ave.; second by Deborah Freeman; passed 3-0-1.
Gilroy (Oyer – new owner), 83 Samoset Ave., Map 28, Parcel 113, Certificate of Compliance
Charlie Agrow from Coastal Engineering requested a revision for the Certificate of Compliance for 83 Samoset Ave. He asked for an extension in the time of year for beach nourishment. The owner would like the extension in case of a late spring storm that would erode the bank. Work done in 2017 needed to be done past the April 1 deadline. He requested an extension of time to June 30 as a change of condition and in the Certificate of Compliance. The site does not fall within the Natural Heritage area, he said.
John Portnoy moved to approve the Certificate of Compliance with the adjustment of the date to June 30 for 83 Samoset Ave., Map 28, Parcel 113; seconded by Cumbler; passed 5-0.
Swart, 285, Gull Pond Rd., Map 8, Parcel 49, NOI, septic upgrade
Barbara B recused herself
Jason Ellis, representing Carol Swart, said there are currently 2 cesspools. The owner proposes a voluntary upgrade for septic, pump chamber and leach field. She will also install a new well to meet distance requirements for BOH. The septic tank and pump chamber are a little into the buffer zone, but the leach field is not in the buffer zone. It is completely compliant and does not need variances from BOH.
Russ Junkins had concerns about southern boundary. Slade had surveyed property and said Swart buildings were very close to Mr. Junkins’ land. Junkins asked to view plan. Jason Ellis produced the land court plan, which shows house with same distances from the Junkins’ property.
John Portnoy moved to approve septic upgrade for 285 Gull Pond Rd., Map 8, Parcel 49; seconded by John Cumbler; passed 4-0-1.
Sci Funeral & Cemetery Coop (Doane Beal & Ames), 340 Main St., Map 14, Parcel 5, Septic system upgrade
Hillary Greenberg-Lemos said Tim Brady was the engineer for 340 Main St. The plan is very straight forward she said as the Commissioners examined the plan.
Barbara Brennessel moved to approve septic upgrade for 340 Main St., Map 14, Parcel 5; seconded by Mike Fisher; passed 5-0.
Negative 3
Wellfleet Retail, LLC Penn Group, 140 Main St., Map 15, Parcel 11, RDA, septic upgrade
Herridge Bookstore has no other place to place it. They have already gone before BOH. Wetland is behind the building.
Mike Fisher moved to approve the RDA for a septic upgrade for 140 Main St., Map 15, Parcel 11; seconded by John Portnoy; passed 5-0.
Negative 3
Melvin, 35 Holbrook Ave, Map 20, Parcel 138, Certificate of Compliance
Conservation Agent Greenberg-Lemos had gone to inspect 35 Holbrook Ave. She distributed photos of what she had observed; items observed but not approved included: free flowing rain gutters, an outdoor shower, stone under the deck and stairs, and a dumpster still on the premises, preventing a complete view of road conditions. Ms. Greenberg-Lemos will speak to Mr. Melvin about items observed that were not on the plans: the shower and a landing not shown on the As-built. The road had not been graded down for installation of gravel, despite what was shown on the plan. John Portnoy asked if drywells for downspouts were on the plan. The Conservation agent will require Mr. Melvin to finish the project before seeking a Certificate of Compliance. John Cumbler questioned the cost estimates given for the project relative to restrictions on reconstruction within the buffer zone. The Conservation Agent will review the file for 35 Holbrook Ave. and invite Mr. Melvin to discuss the project with the Commission.
John Cumbler moved to continue 35 Holbrook Ave., Map 20, Parcel 138, for a Certificate of Compliance; seconded by John Portnoy; passed 5-0.
Adjournment of Public Hearing
Barbara Brennessel moved to adjourn the public hearing at 6:25 p.m.; seconded by John Portnoy; passed 5-0.
Jurisdictional Opinions (Resumed)
20 Catboat Lane Map 41, Parcel 67
Barbara Brennessel moved to approve the JO with mitigation for 20 Catboat Lane, Map 41, Parcel 67; seconded by Deborah Freeman; passed 5-0.
40 Richman Lane Map 21, Parcel 29
Mike Fisher recused himself.
Marsha Dubeau had requested trimming of a tree on property at 40 Richman Lane, owned by the Dubeaus, but under a Conservation Restriction held by the Wellfleet Conservation Trust and within the ACEC. The Conservation Trust said trimming could be allowed, subject to Conservation Commission approval. The Conservation Commission said no to topping of the tree and asked that Mrs. Dubeau seek an opinion from an arborist to determine what trimming could be done without damaging the tree.
Deborah Freeman moved to ask Mrs. Dubeau to contact an arborist to determine if the tree subject to the JO could be trimmed without destroying it; second by Barbara Brennessel; passed 4-0-1.
Election
Mike Fisher moved to appoint Deborah Freeman as Chair of the Conservation Commission.; seconded by Barbara Brennessel; passed 5-0.
Other Reports
Hillary Greenberg-Lemos and John Portnoy reported on sand and plantings at 5 Holbrook Ave., brought to their attention by Alfred Pickard.
John Portnoy reported that the Mayo Creek Restoration Committee had, on 25 June, submitted their recommendations in a final report to the BOS, who agreed to initiate detailed restoration planning, with a goal of obtaining permitting approvals and eventual restoration implementation.
he meeting was adjourned by consensus at 6:34 p.m.
Respectfully submitted,
Mary Rogers, Secretary