Approved Conservation Commission Mtg Mins
Approved
Conservation Commission Meeting Minutes
September 5, 7:00 pm
Wellfleet Senior Center
Attendees: Laren McKean, John Portnoy, Barbara Brennessel, Michael Fisher and Deborah Freeman
Regrets: John Cumbler
4:00 - Business Meeting & Conservation Agent's Report
Mail / Discussion
Bruce Herter – Open Space Committee: Mr.. Herter stated there are a number of properties on Lt. Island and close to Wellfleet Bay Audubon that the Open Space Committee is interested in. Any requests for CPC are due Oct. 15, 2018. If there are any problems on Agger property, he would like to know it soon. The Agger’s own a .28 acre piece of property (Map 41:178.1), and they would be willing to sell to the Town for 1/3 the assessed value . Although this lot is too small to develop per se, it could be developed if acquired by an abutter, and the public excluded. The .28 acre piece of property would be a good access for the shell fishermen. The current parking lot is owned by Audubon and serves as access. Bruce Herter stated the boat house would be used exclusively by a single fishing family in perpetuity. The Commission questioned whether the Town could legally accommodate exclusive private use of the boat house on the property after it had been publicly acquired. . Agent Greenberg-Lemos recommended another alternative, i.e. purchase of the property by the fishing family with a conservation easement granted to the Town, which Mr. Herter will take under advisement. The Commission reviewed additional Town-owned wetland properties on Lieutenant Island: Barbara Brennessel moved to approve the transfer of Lot 81,170, 171, 176, and 184 from Board Of Selectmen to the Conservation Commission; seconded by Deborah Freeman; passed 5-0. .
Lebow: to be discussed at the next meeting.
Melvin (35 Holbrook Ave): Ennis Melvin and Paul Shea came to the table stating there have been some communication issues resulting in their failure to implement the conditions imposed on the project. . Mr. Melvin did not think he had to have a pre-construction meeting. When work started on the outside of the house, the demolition contractors dumped debris into surrounding wetlands and the buffer zone; the DEP sign was missing; there was no silt fence in place. . The area has been cleaned up. Shea stated that the original stone driveway has been covered with loam and grass over time. The heaviest trucks will be for the septic. They would like to use steel plates instead of geotextile mats to support heavy vehicles during construction, after which the driveway would be put back to the original condition. Mr. Melvin admitted the work was started without calling the office, and no posting of the DEP or Order of Conditions.. Assistant Conservation Agent, Doug Guey-Lee spent time with Mr. Melvin and the debris on the property was picked up. Mr. Melvin stated there were two sub-contractors, but they were not informed of the Order of Conditions. No work has started on the inside of the building. They are planning on utilizing the current driveway “as is”. A letter will be sent electronically to Agent Hillary Greenberg-Lemos responding to the 5 issues sent in the Aug 23 letter. No septic work can be started until the letter is received. The amount of the fines for the 2 days and 6 violations at $200 per day will be $2,400. Deborah Freeman moved to identify the 6 violations; seconded by John Portnoy; passed 5-0. John Portnoy stated that he disagrees with Shea’s interpretation of soils throughout the yard, and believes there are hydric soils, covered by a thin layer of fill, all around the 1970s building; this probably explains why it’s so soft after a rain. A letter from John Cumbler was read into the record.
Jurisdictional Opinions:: to be addressed later
Meeting Minutes – to be addressed at next meeting
DLTA: The Commission reviewed/made recommendations on items from the paperwork provided to Wellfleet. APCC is working on a model conservation bylaw for climate change adaptation. Agent Greenberg-Lemos is in contact with the group. They will be proposing a plan for Wellfleet.
Public Hearings 5:00 pm:
Reich, 120 Way 657, Map 4, Parcel 15, Certificate of Compliance. Gordon Peabody represented the applicant and John Portnoy, supervisor, stated the project is in compliance. John Portnoy moved to approve the Certificate of Compliance; seconded by Barbara Brennessel; passed 4-0 (Michael Fisher abstaining)
Palumbo, 90 Aunt Sarah’s Way, Map 42, Parcel 58, NOI, addition, screened porch and modify decks (Cont’d to 9/19/18).
Farnsworth, 125 Pine Point Rd., Map 21, Parcel 54.1, NOI, construct new dwelling, deck, driveway and septic system (Cont’d). David Lajoie represented the applicant. A revised plan was provided which identified a new well site as well as leaching area outside the buffer zone and riverfront. A new planting area was provided. Spot elevations were taken at the house site and the average existing grade was identified and the dwelling will comply with the 28’ height limit as required. Lajoie stated Mr. Farnsworth had a discussion with the Building Inspector regarding the definition of cellar versus basement and 2 stories will be allowed to be built. Lauren McKean moved to approve the NOI; seconded by John Portnoy; passed 5-0. Supervisor: Michael Fisher
Laurel Trust, 715 Chequessett Neck Rd., Map 19, Parcel 113, AOO, change concrete retaining walls to steel and perform additional planting (Cont’d). Tim Brady represented the applicant and Annie Griffenberg, landscaper, came to the table. The Building Inspector determined this is a two story building with a cellar. There will be a revised planting plan. Barbara Brennessel moved to approve the AOO; seconded by Lauren McKean; passed 5-0.
Wenick, 120 Aunt Sarah’s Way, Map 42, Parcel 60, RDA, remove 2 trees in buffer zone and 2 trees outside buffer zone. Mr. Wenick gave an overview of the project, stating the trees, which threaten to fall on his house, will be climbed and limbed. The area is already covered with vegetation so no mitigation is required. Barbara Brennessel identified this as a Negative 3; seconded by Michael Fisher; passed 5-0.
Holmes, 155 Samoset, Map 28, Parcel 103, RDA, install 10 x 12 shed. Laura Holmes gave an overview of the project, stating the shed will be either on cinder blocks or sono-tubes. Agent Greenberg-Lemos recommended that diamond piers be used. Barbara Brennessel identified the RDA as a Negative 3; seconded by Michael Fisher; passed 5-0.
Town of Wellfleet, 0 Blackfish Creek, Map 35, Parcel 210, RDA, Kayak rack. Agent Greenberg-Lemos gave an overview of the project which is located at the end of Pleasant Point. The kayak rack will be built by an Eagle Scout. Lauren McKean identified this as a Negative 2; seconded by Deborah Freeman; passed 4-0.
Lauren McKean closed the public hearings at 5:35 pm and reopened the business meeting.
A lady (we need her name for the record-JP) who lives on Bayberry Lane stated there is Conservation Land on either side of the road. Verizon installed wiring in the area and dug a hole 1 ½ foot into the asphalt of the road, covering it with dirt and placed grass seed on it. Trucks are now driving around this area getting close to th e conservation land. She stated it is a private road and wondered who is responsible for the road. Agent Greenberg Lemos stated if this is a private road, the owners of property would be responsible for the road. If it is a town owned land, they would have to have a discussion with DPW. The Conservation Commission does not have jurisdiction over public utilities.
Jurisdictional Opinions:
David Roe, 19/112, remove a dying/dead cedar tree. Lauren McKean moved to approve the Jurisdictional Opinion; seconded by Barbara Brennessel; passed 5-0.
15 Ring Road, trim an oak away from house, a spruce that is not thriving, and an oak. Barbara Brennessel moved to approve the Jurisdictional Opinion; seconded by John Portnoy; passed 5-0.
145 King Phillip Rd., clear ground cover to create a turtle garden for diamondback terrapin nesting, 4 x 10 feet, work will be done in May, no trees need to be removed. Lauren McKean moved to approve the Jurisdictional Opinion; seconded by Deborah Freeman; passed 4-0 (Barbara Brennessel recused herself).
MAIL:
Intro to Flood Plain Management – in Barnstable, October 11
Memo from Community Preservation Committee – looking for representative from Conservation Commission. Meeting held on the 4th Wed each month. (CPC). Michael Fisher will be rep.
Special Town Warrant – Cooney property 3 Kendrick Ave – The Commission feels it is a worthy acquisition; however, price is not to exceed $898,000 according to the warrant. The Commission noted that the Town normally would have the property independently appraised before submitting the proposal to Town Meeting. . Barbara Brennessel moved to recommend Town of Wellfleet purchase 3 Kendrick; seconded by Lauren McKean, passed 5-0.
Letters from Agent Greenberg-Lemos regarding violation final notice, and storm water management. Filing from Eversource to replace electronic transmission structures on Gross Hill.
Lauren McKean moved to adjourn at 6:30 pm; second by Deborah Freeman; passed 5-0.
Respectfully submitted,
Christine Bates, Committee Secretary