Approved Conservation Commission Mtg. Mins

Approved

Wellfleet Conservation Commission

Meeting Minutes

June 5, 2019

Town Hall Meeting Room

Attendees:  Lauren McKean, Barbara Brennessel, John Portnoy, John Cumbler, Michael Fisher, Deborah Freeman, Agent Hillary Greenberg Lemos, and Christine Bates, Committee Secretary 

4:00 - Business Meeting & Conservation Agent's Report

Mail / Discussion

            Letter to Cronin (ask HG) –

            Letter regarding the Revised EMF for 1440 Chequesset Neck Rd, proposed revetment– there are 8 alternatives.   Barbara Brennessel questioned the square footage and disturbance.  The EMF identified temporary disturbance and permanent disturbance.  Deborah Freeman recommended putting new revetments on a future agenda.

Gary Onley:  Black Pond Road, did not comply with NOI condition to block driveway and pull-off.

200 Gull Pond Road – put in a paved driveway within Commission jurisdiction without a permit .

1,000 G Street – Emergency letter, well installation and trees that were removed were left within 20 to 30 feet of the water. 

Recent U Mass  study found that land conservation does not increase local tax burden .

Cape Cod Times Wed. May 29, 2019 article regarding proposed revetment project at  1440 Chequesset Neck Rd.

John Portnoy – Wesley Pond -  collaborating with Cape Cod Commission hydrologists to determine the effects, if any, of illegal Town pumping on surface water and groundwater levels.    The pumping  affects the surface water level but not the ground water level.  John will provide a report for the commission.

            DLTA:  no discussion - work will begin again in mid-June.

Lauren McKean and John Cumbler will not be at the 6/15 meeting.  Lauren McKean may have to resign from the Commission due to conflict with her job.  Her ethics board is reviewing her membership.  The Commissioners will ask members of the community if they are interested in participating with the Commission, as we may be down to only five members. 

Shellfish, contaminated with fecal coliform bacteria, are being relayed by Mass. DMF from Taunton River to  Burton Baker Beach for purging.  There is public concern that contamination could spill over into local waters and sediment.  Agent Greenberg-Lemos is concerned because this is part of the recreational area.  Alfred Pickard stated the shellfish will be placed in different sections each year.  This program is run by the State.  Alfred stated this area of the beach is planted  several times per week.  He stated this includes  only quahogs and not oysters.  DMF? delivers the clams, the town places them where they want.  He stated half of them will not dig into the ground, but will contribute to  spawning.  Agent Greenberg-Lemos will contact DMF and our shellfish dept. as well as Eastham to see if a permit is required. This was funded by SPAT.   

By-Law regarding fresh-water wetlands came into effect in 1986 -

A boat landing platform in Duck Creek was replaced at the residence at 95 East Commercial Street without a permit, so Agent Greenberg-Lemos wrote the owner a letter regarding the regulations.

Jurisdictional Opinions

            Trudy Vermehren requested a Jurisdictional Opinion for 10 Main Street for a trench line for lighting fixtures.  The trench would be within the driveway and the lighting fixture will be located in the back of the building towards the parking lot.  The light is required for security reasons.  John Cumbler moved to approve the Jurisdictional Opinion; seconded by John Portnoy; passed 6-0.

Meeting Minutes:

            May 1, 2019:  Barbara Brennessel moved to approve the amended meeting minutes; seconded by Mike Fisher; passed 6-0.

            May 15, 2019:  Deborah Freeman moved to approve amended meeting minutes; seconded by Mike; passed 6-0. 

PUBLIC HEARINGS:  5:00

Sea Shells Condo’s, 575 Chequessett Neck Rd., Map 19, Parcel 20, Certificate of Compliance.  Agent Greenberg-Lemos certified the project is in compliance. The condition is to place 29.1 cu yds renourishment per year.  John Cumbler moved to grant the Certificate of Compliance; seconded by Barbara Brennessel; passed 5-0.

Kaplan/Rose, 135 Old Truro Rd., Map 8, Parcel 164, NOI, construct dwelling, septic, well, and appurtenances (Cont’d).  Attorney Ben Zehnder and Jason Ellis represented the applicant.  Zehnder stated paperwork has been distributed to the Commission mapping  the history of the slope from 1974 to current.  He stated Agent Greenberg-Lemos had requested paperwork regarding 1986 regulations.  Attorney Zehnder looked at previous Orders of Conditions on the property and an enforcement order to the previous owner, which were mitigated.  Jason Ellis  stated the existing lot coverage is 400 sq. ft. and the proposed structures will be 1,375 square feet, with 207 square feet within the buffer zone.  A survey was done in 1998 by Felco, Inc. which identified the wetland, and matches the J.C. Ellis Design site plan.  In 1995 Slade provided a site plan identifying the contours and not the wetlands.  The State does not have regulations for fresh-water wetlands.  Attorney Zehnder stated the plan has pulled the project as far away from the wetlands as possible, the house has been reduced in size, while staying within zoning bylaws and meets the Board of Health regulations.  Megan Hinton is an abutter and stated she is speaking on behalf of the neighbors.  She stated she feels this is a vernal pool, fill was placed on the bank up to 2009; the catch basin was filled, and the neighbors do not want any chemicals (herbicides) used which could go into the ground water.  After removal of knotweed, native plantings will be put in place.  Native shrubs will be placed on the top of the property as mitigation for the area of wetland historically filled, about 600 square as determined by Ellis.  A new site identifying the buffer zones was requested, identifying the 50’ and 100’ buffers and identify the plantings.  The February 22, 2013 meeting minutes were reviewed.   Jason stated additional work limits will be provided with bales and fencing. Mike Fisher moved to approve the NOI, conditioned on 600 square feet of mitigation planting at the top of the slope; seconded by Deborah Freeman; passed 5-0 with John Cumbler abstaining.    Supervisor: John Portnoy 

Farris, 95 Newcomb Hill Rd., Map 12, Parcel 81, RDA, septic upgrade.  Jason Ellis represented the applicant and gave an overview of the project.  It currently has a cesspool which will be replaced and a new well will be relocated.  Lauren McKean identified this project as a Negative 3; seconded by Barbara Brennessel; passed 6-0.

Evangelista & Kolenberg, 745, 765, and 775 Chequessett Neck Rd., Map 19, Parcels 111, 110, and 109, NOI, repair timber bulkhead, reconstruct timber walkway and stairs (Cont’d)  Lauren McKean recused herself.  Deborah Freeman served as Acting Chair.  Alfred Pickard and Don Monroe discussed the revised plans, stating no diamond piers will be used.  Monroe provided a detailed description of the stairs and timber walkway construction.  Work will take place in the winter months and start at low tide with materials placed on a float.  Alfred stated he is working with abutters in the area regarding renourishment and may have to get a Chapter 91 license for the nourishment.   John Cumbler moved to approve with conditions; seconded by Barbara Brennessel; passed 5-0.         

Supervisor:  John Cumbler

Cassidy, 65 Vanessa’s Way, Map 29, Parcel 246, NOI, replace and expand existing deck.  Mike Fisher recused himself.  David Lajoie and Mr.  Cassidy came to the table.   Mr. Lajoie reviewed the revisions which included reducing the size of the deck and additional plantings.  Lauren McKean questioned the number of cars parking on Vanessa’s Way, a shared private  road and the Cassidy property.  Cassidy stated there are parking areas identified in the rental contract and he questioned how parking affects the application for his deck.  Ms. McKean stated the commission wants to see another parking plan.  John Cumbler questioned if three cars are parked, can other vehicles go down the road.  Alfred Pickard stated he has a letter from the Dillans, who are abutters.  They requested that there be a maximum of 2 parking spaces.  He suggested identifying a parking plan that meets ZBA requirements for parking size.  David Lajoie stated changing the parking area would create more disturbance on the property with excavation and tree removal.  Mr. Cassidy stated he rents the dwelling 12 weeks per year and is not aware when there are additional parking issues.  Agent Greenberg-Lemos stated they can mark up a plan for three parking spots.  A new site plan identifying the 3 parking spots and the amount of disturbance within 50 and 100 buffer zone was requested.   At the request of the applicant, Deborah Freeman moved to continue to 6/19/19; seconded by John Portnoy; passed 5-0.        

Woodes, 55 Commercial St., Map 15, Parcel 101, NOI, septic upgrade.  David Lajoie represented the applicant and gave an overview of the project.  The location is close to the Duck Creek estuary,  the flood zone and ACEC.  The new wastewater system will include enhanced nitrogen removal.   Barbara Brennessel would like to have the Board of Health approval first.  David Lajoie stated if there were flooding, the  system and covers are so that they would not float up.  John Portnoy stated that the plan is misleading because it shows a wall along the bank, where in fact there is only loose concrete rubble; Lajoie said that he would correct the plan.    Lajoie stated he will move the septic tank to the parking lot, along with the leaching system, though  one parking space would thereby be eliminated.  Mike Fisher moved to approve with conditions; seconded by John Portnoy; passed 6-0.   

Sandy Shoes, LLC, 135 Highmeadow Rd., Map 12, Parcel 131, NOI, revegetating existing disturbed area.  Lauren McKean recused herself.  Deborah Freeman was acting chair.  David Lajoie represented the applicant and distributed revised plans.  (After the fact filing).  Jeremy Young¸ who performed the work stated he didn’t know this was within the Commission’s jurisdiction.  He stated he did not remove any trees or vegetation; however, the Commission produced aerial photos from 2015 and 2018 that showed at least grassy ground cover.  He stated there were pine needles, low growth and saplings and open sand.  The Commission asked who has been doing trimming beside himself, and he stated Bartlett was there 7 or 8 years ago.  He stated the area was clear cut.  He placed boulders for steps.  The project was done in January / February and the land has been like that since then.  John Portnoy questioned why there was so large an area of disturbance; Jeremy stated it was a large machine.  This is an after the fact filing fee so that $1000 is owed the Town.  He stated the boulders were used to be as natural as possible and the owners did not want wood stairs.  The Commission would like to see the stones removed.   A letter from the National Seashore was read into the meeting.  The Commission wants to have the owner come to a meeting.  A stair removal plan will be submitted and an access plan submitted.  David Lajoie requested a continuance to July 17, 2019. 

John Cumber left the meeting.

O’Neil, 200 Briar Lane, Map 13, Parcel 1143, NOI, Reapplication to construct new garage, chick coop and driveway extension (Cont’d)  The applicant did not attend the meeting.  John Portnoy moved to continue indefinitely; seconded by Mike Fisher; passed 5-0.

Cronin, 66 Lecount Hollow Rd., Map 30, Parcel 8, Request for Amendment to Order of Conditions.  Ms. Cronin stated one retaining wall was approved at the previous meeting.  They want to reduce the approved retaining wall and remove 6 locust trees that are leaning towards  the cottage.  They will replace with  cedars and additional native flowering shrubs.  Barbara Brennessel moved to approve the amendment; seconded by John Portnoy; passed 5-0.   

Wagner, 70 Main St., Map 15, Parcel 5, RDA, replace stairs from 2nd level down to ground level.  Ms. Wagner and Sherry Silvernail came to the table.  The original stairway from the second floor has rotted and they want to rebuild for safety reasons.  They are for employee use, not customers.  There will be a small landing at the top and no landing at the bottom.  Drawings were submitted to the Building Department.  The Commission requested a site plan at a previous hearing.  John Portnoy asked if wetlands on the property have ever been delineated on a site plan.  He stated there is mowing going on within the wetland vegetation.  Ms. Wagner stated they will mark the area with flags, and Agent Greenberg-Lemos will verify the wetland delineation so that no further mowing will take place.  John Portnoy identified the RDA as a Negative 3; seconded by Mike Fisher; passed 5-0. 

Lt. Island Services Improvement Co, Inc., Map 40, various parcels, Request for 2-year extension.  At the request of the applicant, Lauren McKean moved to continue to June 19; seconded by Barbara Brennessel; passed 5-0.

Bruggeman (LISIC), Lt. Island, 3rd Ave to 5th Ave., Map 40, Parcels various, RDA, prune and trim trees on road.  At the request of the applicant Lauren McKean moved to continue to June 19; seconded by Barbara Brennessel; passed 5-0.

John Portnoy moved to adjourn at 7:20 pm; seconded by Deborah Freeman; passed 5-0.   

Respectfully submitted,

Christine Bates, Committee Secretary