Approved Conservation Commission Mtg Mins
Approved
Wellfleet Conservation Commission
Meeting Minutes
May 5, 2021
Remote Meeting
Attendees: Acting Chair Leon Shreves, Michael Fisher, Barbara Brennessel, Ben Fairbank, John Cumbler, Agent Hillary Greenberg-Lemos, and Christine Bates, Committee Secretary.
4:00 pm Business Meeting
Roll Call: Leon Shreves, Ben Fairbank, Barbara Brennessel, Michael Fisher, and John Cumbler
Mail / Discussion
Kaplan, 135 Old Truro Rd. Order of Conditions violation. Paul Shea had submitted a letter describing the projects on the property. He stated the house and the septic system were built in compliance. The back door landing, with a 2 foot wide deck running about 20 feet parallel with the house with stairs going to ground level, plus the air conditioning processor on a cement pad, were not on the approved plans but were within the limit of work zone which was approved. He stated none of the work is within the 50’ filter strip and all construction is in the upland area which has no impact on the resources, although all these are within the 100 foot buffer zone. The steps are required per Building Codes. The Commission pointed out the silt fence was not functioning and the shed had not been moved as promised by the owner on 11/18/20. Additional items, including a buried propane tank, were constructed that were also not on the approved site plan and a revised site plan is required in order to issue a Certificate of Compliance. The shed is still within the 100’ buffer zone as well as the buried propane tank. The Japanese Knotweed condition has not been addressed as required by the Order of Conditions and Mr. Kaplan stated he has not been able to access it. The Commission requested data be provided to identify the total amount of disturbance to the property. After receipt and review of a revised site plan, Mr. Kaplan can request an amendment to the NOI or Certificate of Compliance.
Shannon, 45 and 55 Main Street. A privet hedge on the abutters land was cut without the approval of the abutter nor the Commission. Mr. Shannon explained that he cut privet hedge which was over 15 feet tall and within 6 feet of his house. He felt it might damage his home and when the wind blew, it created noise. He said that he was advised by the former Building Inspector Justin Post that the hedge is considered a fence and was advised to trim it. He had a surveyor look at the property and the hedge is located on the neighboring property. There is debris on the neighboring property. After further discussion, the Commission determined this is a dispute between neighbors and not in their jurisdiction unless the resources are in danger. John Cumbler moved to close the discussion; seconded by Barbara Brennessel. VOTE: Barbara Brennessel aye; Ben Fairbank aye; Michael Fisher aye; John Cumbler aye; and Leon Shreves aye. 5-0.
NRAB: Articles for Town Warrant: Dredging Alternative and Harbor survey. Due to time constraints, John Riehl stated he would be willing to come back at the May 19, 2021 meeting and Barbara Brennessel requested additional information regarding the dredging spoils possibly being deposited on shoreline resources.
Jurisdictional Opinions
Silverman, 55 Eric’s Way, Map 8 Parcel 70: One pine tree fell down and there are an additional 4 trees they would like to take down due to safety issues. A mitigation plan will be submitted for future planting. They are working with Jeremy Young and the Commission will give them 6 months to present a new planting plan. Mr. Silverman asked if they could leave the trees on the ground after taking them down and the Commission stated it would serve as habitat for various animals. Jude Ahearn questioned how the Commission determines mitigation plantings and Barbara Brennessel and Agent Greenberg-Lemos reviewed the regulations. Ms. Ahearn expressed concern with her neighbors who are planting within a buffer zone. Michael Fisher moved to approve the Jurisdictional Opinion with a mitigation planting plan due in 6 months; seconded by John Cumbler. VOTE Barbara Brennessel aye; John Cumbler aye; Ben Fairbank aye; Leon Shreves aye; and Michael Fisher aye. 5-0
Meeting Minutes -to be addressed at the May 19 meeting.
Michael Fisher moved to close the Business Meeting; seconded by Barbara Brennessel. VOTE: Barbara Brennessel aye; Ben Fairbank aye; Leon Shreves aye; Michael Fisher aye; and John Cumbler aye. 5-0.
Acting Chair Leon Shreves opened the Public Hearings at 5:08 pm. Present Leon Shreves; Barbara Brennessel; Ben Fairbank; Michael Fisher and John Cumbler.
Ingram, 15 Pine Point Rd., Map 21, Parcel 41, Request for Extension. Gordon Peabody represented the applicant and stated that covid has delayed getting materials and workers to the site. The project is within the 100’ buffer zone requiring landscaping and interior work of the home. He is requesting a 2-year extension. John Cumbler expressed concern with a 2-year extension because there could be changes in the bylaws and sea level. Peabody stated he would ensure there would be no changes in the project without notification to the Commission. John Cumbler moved for a one-year extension; seconded by Barbara Brennessel. VOTE: Barbara Brennessel aye; Ben Fairbank aye; Leon Shreves aye; Michael Fisher aye; and John Cumbler aye. 5-0.
oak, 118 Baker Rd., Map 29, Parcel 339, Certificate of Compliance. Don Poole represented the applicant and stated the project is in compliance which Agent Greenberg-Lemos confirmed. John Cumbler moved to approve the Certificate of Compliance; seconded by Barbara Brennessel. Vote: Barbara Brennessel aye; Ben Fairbank aye; Leon Shreves aye; Michael Fisher aye; and John Cumbler aye. 5-0.
Town of Wellfleet, Maps 41 and 42, NOI, repave Lt. Island Road from Rte 6 to Catboat Road, catch basins to be removed and replaced with deep sump pumps with heads (Cont’d from March 2020). Jay Norton of the DPW and Kevin McHugh, Engineer, gave an overview of the project. Norton stated there were issues with funding and covid slowed down the project, as well as the General By-Law Article 7, Section 30 dealing with no discharges on roads. This project is to resurface the road and with installation of catch basins. Kevin McHugh gave an overview of the area to be worked and the runoff which would go into the resources. The area is approximately 4,100 linear feet. This would be considered a redevelopment project, and he needs direction regarding future storm requirements for the recharge. MA highway has different standards from the Town Bylaws. He explained a 10-year storm would be different than a 100-year storm and recharge is the issue with the bylaw which does not define where to discharge. Barbara Brennessel mentioned that Gull Pond Road was repaved and didn’t come before the Commission and run off from rain is going into the resources. Jay Norton stated the paving is not causing the issues but rather the water is coming from State Rt. 6. Kevin McHugh stated a 10-year storm event could be designed and he anticipates the road to last 20 to 30 years. It was recommended DPW communicate with the Waste Water Commission. There is concern with road run off and waste water issues. Jay Norton stated they have been looking into grants and are communicating with other committees. Norton stated they have to fix this road sooner rather than later which could become a hazard. Agent Greenberg-Lemos recommended the original bylaw be reviewed to gain an understanding what was being looked at. DPW will come back to the Commission after review. Barbara Brennessel moved to continue the hearing indefinitely; seconded by John Cumbler. VOTE: Barbara Brennessel aye, Michael Fisher recued, John Cumbler aye, Leon Shreves aye and Ben Fairbank aye. 4-0-1
Kmiec, 40 Ridge View Dr., Map 13, Parcel 135, after the fact RDA, remove dead and damaged trees, selectively cut 3 damaged pines (Cont’d) Mr. Kmiec stated he was not aware he was taking trees down in the buffer zone. He stated the property was not fully wooded. Michael Fisher showed a Google Earth aerial view from October 2018 of the property which was mostly wooded. Mr. Kmiec stated he removed several trees and questioned why he could not remove trees on his own property. This is within the 200-foot riverfront area, and also within the 100 foot buffer. The Commission questioned what happened between 2018 and now. Kmiec stated trees were falling down and exterior work was done on the dwelling and he thought he had rights to take down trees. Agent Greenberg-Lemos stated she believes he wasn’t aware of the proper process. John Cumbler explained the Commission is here to protect the banks and resources. Barbara Brennessel would like there to be a planting plan for mitigation for habitat. She recommended having a discussion with the Agent to determine what plants to put in. Barbara Brennessel moved to identify the RDA as a Negative 2 with the condition he consult with the Conservation Agent; seconded by Ben Fairbank. VOTE Leon Shreves aye; Michael Fisher aye; Ben Fairbank aye; Barbara Brennessel aye and John Cumbler aye. 5-0.
Burns, Map 22, Parcel 18, 40 Chipman’s Way, NOI, Construct new front porch and new screen porch, driveway to be altered, new in-ground propane tank, generator and shed (Cont’d) David Lajoie provided an updated plan and described the changes. There will be a screened porch on the existing deck, and the lawn area will not be an irrigated lawn but left natural, the driveway will run parallel to the bank and be further away. The owners would like a front porch on the east side of the house. The flood zone is elevation 13 on the west side of the property. The concern is erosion on top of the bank or impact to the flood zone. The porch will be on piers and the driveway will be stone. There will be an improvement of 2,706 sq feet to the site. Barbara Brennessel stated the total disturbed area is over 6,000 sq. ft. and Lajoie stated they asked for a variance and this property requires a variance. This is an existing house and driveway built in 1997. They would be willing to move the generator. John Cumbler not happy with burying the propane tank, and asked about the proposed porch. Lajoie stated propane is lighter than air and so would not seep into the groundwater should a leak develop, and the porch would have appropriate eaves for run off. The Commission stated the plans had improved. Michael Fisher moved to approve the NOI; seconded by Leon Shreves. Barbara Brennessel abstained, Ben Fairbank aye, John Cumbler abstained, Michael Fisher aye, Leon Shreves aye. 3-2. (Concerns: propane, area of disturbance and screen porch, flood zone, not comfortable with giving a variance). Ms. Burns stated they are not adding to the disturbance of the property but rather lessening the disturbed area. Lajoie stated this is almost all lawn area and driveway, the property is completely vegetated, they will be eliminating a significant amount of driveway, and asked if plantings would be beneficial. Ben Fairbank stated the driveway is still considered a disturbed area and would like to see more shrubs and native plants which will provide habitat area. Mr. Burns stated he has never added any nutrients to the lawn and they want a “rough” Cape Cod lawn. After further discussion, Michael Fisher moved to reconsider the vote; seconded by Barbara Brennessel. Jeremy Young asked for clarification regarding the propane tank to have it above ground or buried and the Commission agreed it could be buried. He also stated they would plant bearberry, grasses, etc. to reduce the lawn and bring the disturbance to below 5,000. VOTE: Barbara Brennessel aye; Michael Fisher aye; Leon Shreves aye; Ben Fairbank aye, and John Cumbler aye with conditions. 5-0 Supervisor: Michael Fisher
Behan, 265 Ridge Way, Map 24, Parcel 146, NOI, relocate existing dwelling presently within buffer zone and placing it onto new foundation outside of buffer zone, new well is required. David Lajoie represented the applicant and stated the property abuts the ocean. There are currently two dwellings on site. Work access will be the driveway. There are a total of 4 bedrooms in the two structures combined and the relocated building would be connected to the existing septic system which is approved for that. Barbara Brennessel stated there would be much tree cutting where the new location will be and there is no mitigation planting plan where the current house is located nor the path for the old house moving. The building will be rotated on the new foundation and not within our jurisdiction. Attorney Jeanne Kampas represented the Elbing’s, an abutter. She stated the application is missing information. She reviewed several issues which she wrote about in a letter to the Commission, which included the site plan, the septic plan, previous hearings with the Conservation Commission and Zoning Board of Appeals, and the number of bedrooms. She stated it appears there will be alterations to the house. She stated part of the driveway could be mitigated with plantings. She stated it does not appear any Certificate of Compliance was issued for the septic improvement and no work was performed. Barbara Brennessel stated the plan should reflect how the property is currently being used. John Cumbler expressed concerned with the septic system because it is close to the coastal bank. Agent Greenberg-Lemos stated the property was purchased in 2012 and she would like to look at the meeting minutes from the Board of Health. Lajoie stated in 2013 there was a main house and smaller cottage with a proposed addition, predicated on a 6 bedroom septic. The septic was never installed. He understands there are 2 bedrooms in each dwelling. The Commission stated we need a new site plan identifying the new cottage, decks, and location of the septic system as well as a planting plan for all the disturbed areas within the 100 foot buffer zone. Attorney Ben Zehnder stated he feels the Commission should only be concerned with the resources in their jurisdiction. Leon Shreves moved to continue to June 2, 2021; seconded by Michael Fisher. VOTE Michael Fisher aye; Ben Fairbank aye; Barbara Brennessel aye; Leon Shreves aye and John Cumbler aye. 5-0 After the vote, Ms. Behan stated one of the rooms is being used as a bedroom but is not considered a bedroom because it has 2 accesses.
McQuilken / Agosta, 5 E St., Map 41, Parcel 160, NOI, rebuild existing dwelling on existing foundation and construct additions and decking. Matt Farrell represented the applicants and provided an overview of the project. This will remain a 2-bedroom dwelling, a screened porch will be constructed on sono tubes and there will be a deck. There will be an increase of approximately 53 sq. ft. of living space and a total of 1632 sq. ft which includes decking. There will be approximately 1600 sq ft of new plantings, including native beach grasses and shrubs. There will be 25 shrubs at the road area without disturbing the native vegetation in the area. Mitigation total is 1656 sq. ft. He had not received a response from Natural Heritage. Leon Shreves stated decking appeared to be extended to the woods and Farrell responded he does not anticipate any trees being removed. Barbara Brennessel wanted a survival estimate for plants and pointed out this is diamond terrapin habitat with time restrictions for any construction. Michael Fisher asked if any of the pine trees between the house and road would be cut and if they would accept that a condition be set that will be no cutting of the trees. The applicant agreed that no trees would be cut without the Commission’s approval. Barbara Brennessel thanked Farrell for the well-prepared plan. John Cumbler stated he believes three trees will have to come down for construction and believes more trees will have to come out near the decking. He is concerned with the deck size within the buffer zone. Part of the screened porch is within the jurisdiction as well. Ms. McQuilken and Ms. Agosta stated the deck is at ground level so damage would be minimal. Michael Fisher moved to continue to June 2, 2021; seconded by Barbara Brennessel. VOTE: Michael Fisher aye; Ben Fairbank aye; John Cumbler aye; Leon Shreves aye, and Barbara Brennessel aye. 5-0.
Yudowitz, 75 Omaha Road, Map 28, Parcel 189, NOI, construct stone revetment to replace existing seawall and installation of replacement driveway At the request of the applicant, Barbara Brennessel moved to continue to May 19, 2021; seconded by John Cumbler. VOTE Barbara Brennessel aye; Michael Fisher aye; Ben Fairbank aye; Leon Shreves aye; and John Cumbler aye. 5-0.
Boehringer : Map 35, Parcels 21 2 and 33, 0 off Bay View and 10 Bay View, NOI, shorefront protection (Cont’d) At the request of the applicant, Barbara Brennessel moved to continue to May 19, 2021; seconded by John Cumbler. VOTE John Cumbler aye; Barbara Brennessel aye; Ben Fairbank aye; Leon Shreves aye, and Michael Fisher recused. 4-0-1
John Cumbler moved to adjourn the public hearing at 7:15 pm; seconded by Barbara Brennessel VOTE: Michael Fisher aye; Ben Fairbank aye; Leon Shreves aye; Barbara Brennessel aye and John Cumbler aye. 5-0.
John Cumbler provided history on water services from the 19th Century to the 20th Century and stated it is important that we look to the future and do what is right.
Barbara Brennessel moved to reopen the business meeting at 7:18 pm; seconded by Ben Fairbank. VOTE Michael Fisher aye; Ben Fairbank aye; Leon Shreves aye; Barbara Brennessel aye and John Cumbler aye. 5-0.
Barbara Brennessel stated she had some questions and some comments for the Commission.
She questioned if we had determined the ownership of the Field Point path? Agent Greenberg-Lemos did not resolve ownership and suggested a sign be put up in the area regarding vessels.
Was there any resolution of the stairs at the beach at 1400 Chequessett Road? Agent Greenberg-Lemos. No resolution
Was the shower on Kendrick Avenue identified: Agent Greenberg-Lemos will check with Doug Guey-Lee.
Barbara questioned the 479 Black Pond Rd. parking issue and Agent Greenberg-Lemos stated she is working on it.
Barbara reported the Park Service has tagged all boats on Gull Pond and the homeowners are stating they are temporary.
Barbara heard there is a campaign about mooring boats on ponds. Agent Greenberg-Lemos talked with Harbor Master Will Sullivan and they will look at this issue this coming winter. There is an inquiry from a person on Long Pond regarding moving his float which is attached to his land and during the winter months, is on the shore. Discuss next meeting.
Barbara reported the brochures are complete and publicly thanked Jordan, our AmeriCorps worker, for her help with producing them. They have been distributed to the Shellfish Dept, Harbor Masters office, Select Board members, home owners associations, and at kayak rental locations.
Barbara stated Helen Wilson asked her to share the Executive Session meeting minutes with her and she consulted with Town Counsel who stated it would be ok for them to see the minutes. Helen stated we could approve the executive meeting minutes. but the Commission is hesitant because there is still legal action taking place.
Leon Shreves stated he talked with Denny O’Connell of the WCT. Denny stated WCT, Open Space Committee, and the Conservation Commission all have trails that are connected on conservation lands. The WCT normally maintains them; he also wants to be reassured they can do the trail walks with people. The Commission stated this has its approval.
Leon Shreves moved to adjourn the business meeting at 7:30; seconded by Michael Fisher. VOTE Michael Fisher aye; Ben Fairbank aye; Leon Shreves aye; Barbara Brennessel aye and John Cumbler aye. 5-0.
Respectfully submitted,
Christine Bates, Committee Secretary