Approved Conservation Commission Mtg Mins

Meeting date:

Wednesday, June 2, 2021

Approved

Wellfleet Conservation Commission

Meeting Minutes

June 2, 2021

Remote Meeting

Attendees: Acting Chair Leon Shreves, Michael Fisher, Barbara Brennessel, John Cumbler, Ben Fairbank, Agent Hillary Greenberg Lemos, and Christine Bates, Committee Secretary.

4:00 pm Business Meeting

Mail / Discussion

Horsley-Whitten update – Regulations revision. A workshop meeting to discuss regulations and bylaws will be held remotely via Zoom on 6/15/21 from 1:00 pm to 4:00 pm. The Commissioners all confirmed they can attend.

Notification: 77 Samoset Avenue, Map 28, Parcel 114, beach nourishment. Representing the applicant, Shaderowfsky, Charlie Agro of Coastal Engineering stated that last year this property was permitted for renourishment with an ongoing Condition of additional beach nourishment with notification to the Commission. He has not had a conversation with Nancy Civetta as yet about the exact timing. He plans to do the work at 77 and 65 Samoset around June 28 after the high tide. The sand will be placed not on the beach but behind the walls at 77 Samoset and at 65 Samoset.

Jurisdictional Opinion: 65 Samoset: sand nourishment behind concrete wall. There will be no repairs to the wall and there will 15 to 20 cubic yards of sand. Commissioners noted that the removed section of the stairs were improperly laid on the vegetated coastal bank resource and should instead be on the bare sand. The Commissioners stated that this project is providing a larger beach for the owners. Charles Agro stated the sand will flow out through cracks in the wall with the tides so it is really nourishing the stock of sand in circulation. There is no shellfishing in front of this property. Michael Fisher moved to approve the Jurisdictional Opinion using 18 cubic yards of sand for nourishment; seconded by John Cumbler. VOTE: Michael Fisher aye; Leon Shreves aye; Barbara Brennessel (recused); John Cumbler aye; and Ben Fairbank aye. 4-0

After reviewing the Commissioner’s schedules for the summer months, the August 18 meeting will be cancelled.

Staircase at 1440 Chequessett Neck Road: Agent Greenberg-Lemos stated she is working with Town Counsel regarding the placement of stairs without notification to the Agent or Commission. The Order of Conditions state that the Conservation Agent had to be notified in advance of any work. John Cumbler requested a review of the meeting minutes for 1400 Chequessett Neck Road regarding this Condition of no work being performed on the bank including stairs.

Barbara Brennessel reported there has been destruction of signs prohibiting small vessel storage at Field Point: Two new signs had been uprooted and signage defaced. She thinks they are State signs on State property. Kayaks are already going out on the beaches there. Agent Greenberg-Lemos stated she will work with DPW on this issue.

Meeting Minutes: Michael Fisher moved to accept the amended May 19, 2021 meeting minutes; seconded Barbara Brennessel. VOTE: Michael Fisher aye; Leon Shreves aye; Barbara Brennessel aye; John Cumbler aye; and Ben Fairbank aye. 5-0

Planting Brochure – Commission reviewed the draft. The Commission commends this project. However, it was recommended a more authoritative font be used.

Agent Greenberg-Lemos stated we would continue remote meetings utilizing Zoom into September 2021. The Commissioners are willing to meet in person and have applicants, guests, etc. attend by Zoom. Agent Greenberg-Lemos will check into possible location as well as the necessary equipment which would be required.

It was reported the Wellfleet Conservation Trust’s Herring River Overlook trails off Chequessett Neck Road are now open to the public.

Boehringer will be continued indefinitely.

Barbara Brennessel moved to adjourn the business meeting at 4:50 pm; seconded by Ben Fairbank VOTE: Michael Fisher aye; Leon Shreves aye; Barbara Brennessel aye; John Cumbler aye; and Ben Fairbank aye. 5-0

5:00 - Public Hearings:

Attendees: Acting Chair Leon Shreves, Michael Fisher, Barbara Brennessel, John Cumbler, Ben Fairbank, Agent Hillary Greenberg Lemos, and Christine Bates, Committee Secretary.

Town of Wellfleet, Maps 21 and 20, Parcels 114 and 31: Amendment to SE077-1560 Dan Robbins, consultant, and Will Sullivan, Harbor Master, stated a small portion of the Harbor had been omitted from the original dredging permit and they would like to incorporate this area into the Order of Conditions. 4,000 yards of material will be removed. John Cumbler moved to approve the amendment; seconded by Barbara Brennessel VOTE: Michael Fisher aye; Leon Shreves aye; Barbara Brennessel aye; John Cumbler aye; and Ben Fairbank aye. 5-0.

Stuart, Map 41, Parcel 127, 240 Bayberry Lane, Certificate of Compliance. There was no representation for the applicant for the Certificate of Compliance and the project had been approved long ago. Barbara Brennessel moved to continue to 6/16/21; seconded by Michael Fisher. VOTE: Michael Fisher aye; Leon Shreves aye; Barbara Brennessel aye; John Cumbler aye, and Ben Fairbank aye. 5-0.

Behan, 265 Ridge Way, Map 24, Parcel 146, NOI, relocate existing dwelling presently within buffer zone and placing it into new foundation outside of buffer zone, new well is required (Cont’d) David Lajoie of Felco Inc. stated the plan originally submitted is correct. It is the same building, that will be elevated in place on cribbing above the ground; the new foundation will be poured and the old building rotated and placed on the new foundation. Debris will be removed. Parking on the site will be on Ridge Way. John Cumbler questioned if the foundation will have a concrete floor. Lajoie responded the top of the foundation will be elevation 83 (two feet out of the ground). The inside headroom height of the basement is 7.6”. There will be a standard bulkhead entrance to the basement with stairs from within the dwelling. Beach grass is the planting plan. A revised planting plan will be submitted. The septic system was approved in 1994 with an increase in bedrooms, but this was never built. There are 2 bedrooms in the main house and 2 bedrooms in the cottage. John Cumbler suggested using an I/A septic system and Lajoie responded that the leach area is 53 feet from the bank and 170 feet from water area. Barbara Brennessel stated the erosion is substantial in this area and is concerned with the septic system and would prefer to move it and to use an I/A system to reduce the nitrogen levels. Attorney Zehnder stated the septic is a Health Dept issue and not a Conservation issue. The Board of Health did not require an I/A system. Agent Greenberg-Lemos recommended having a water test. Jean Kampas, representing an abutter, stated Ms. Behan had earlier agreed to a new septic system. She questioned the bedroom count (a total of 5 bedrooms per ZBA and Assessor’s records). The new plan is for a full basement, more bedrooms, and she wants the applicant to proceed with prior conditions from various boards. Records show there was an additional bedroom renovated in 2015 with a 4-bedroom septic system. Zehnder stated the inspection should be done and doesn’t feel this Commission should get involved in bedroom count or septic systems. If the septic system fails, the applicant would have to get a new system approved from the Board of Health. Lajoie stated the project was different in 2013 and one of the earlier buildings went into the ocean. No work was done on the locus property. He stated there is no change in bedroom count. Lajoie stated the Assessor’s Card is incorrect and they will have the Board of Health conduct a walk-through inspection to confirm the actual number of bedrooms in the two dwellings. Lajoie requested a continuation to June 16, 2021. John Cumbler moved to continue to 6/16/21; seconded by Michael Fisher. VOTE: Michael Fisher aye; Leon Shreves aye; John Cumbler aye; and Ben Fairbank aye. 4-0 (Barbara Brennessel did not vote due to technical difficulties).

McQuilken / Agosta, 5 E St., Map 41, Parcel 160, NOI, rebuild existing dwelling on existing foundation and construct additions and decking (Cont’d) Matt Farrell represented the applicants and stated they reduced the size of the deck, moved the rock way closer to the dwelling, and provided revised plans There is a consequent reduction in the mitigation of plantings. The architect of record stated that part of the foundation may have to be reconstructed. Michael Fisher moved to approve the NOI; seconded by Ben Fairbank with the Conditions that there will be no tree cutting or vista pruning. VOTE: John Cumbler no; Michael Fisher aye; Ben Fairbank aye; Leon Shreves aye. VOTE: 3-1 (Barbara Brennessel could hear the discussion but could not unmute her connection.) Further discussion took place regarding the screen porch and decking within the buffer zone. Matt Farrell stated there were no issues with the screen porch at the previous meeting. Barbara Brennessel then was able to reconnect and speak. The vote was again taken. VOTE: Michael Fisher aye; Leon Shreves aye; John Cumbler no; Barbara Brennessel aye; and Ben Fairbank aye. 4-1 Supervisor: Agent

Eurich, Map 19, Parcel 91, 1065 Chequessett Neck Rd., RDA, relocate propane tank from breezeway to underground location. Michel Fisher stated he is a Trustee of the Wellfleet Conservation Trust, a 501 (c) non-profit organization which is not a business organization, but which has an interest that will be affected when he performs his official duties with regard to this application. Taking into account the facts that he has disclosed above, he feels that he can perform his official duties objectively and fairly. Mr. Eurich gave an overview of the project stating in 2011, they located the propane tank inside the breezeway. Then a building was constructed to accommodate a 500 gallon propane tank. The Fire Chief stated it was unacceptable to have it inside a building. So now they will be locating the tank in an underground location which is close to the resource area. Utility lines to the house are already in place, so there will only be limited disturbance. There was discussion regarding what is permitted by the Fire Department. Michael Fisher identified the RDA as a Negative 3; seconded by Ben Fairbank. VOTE: Michael Fisher aye; Leon Shreves aye; John Cumbler no; Barbara Brennessel aye; and Ben Fairbank aye. Approved 4-1

Cushman, Map 36, Parcel 99, 45 Grove Ave., NOI, install sand filled coir envelopes and coir logs as shoreline protection. Construct 1st floor addition, first floor deck and access stairs. David Lajoie represented the applicant. In 2020 a new septic system was approved. This is for shoreline protection of an eroding bank and the applicant wants 100 feet of sand-filled envelopes and coir logs. He stated once the work is done, plantings will take place. The addition will be set on piles because it is in the flood zone. Michael Fisher recused himself as he is a member of the Conservation Trust which is a direct abutter to the project. The house was built in 1969. John Cumbler stated the envelopes and coirs cannot be above the bank. Lajoie stated there will be fill placed on the envelopes and coirs. Barbara Brennessel stated she was not in favor of using wire anchors going into the bank and undermining the structure of the bank. Lajoie explained duck billed anchors which are inserted in a pipe and then deployed. When opened, they are only 4 inches wide. The owners have planted grass in the area and have never placed nourishment in the area. Ben Fairbank stated this area should have a softer approach and just use the coirs and envelopes. The Commission doesn’t feel the velocity is that strong in this area. Ben Fairbank stated the beach grass will grow its roots into the envelopes. The Commission requested new plans identifying the design of the envelopes and Lajoie stated he would not use an anchoring system. Additional discussion took place regarding the bylaws which prohibit any new construction within the 50’ filter strip and located within the flood zone. Lajoie stated the 50’ covers quite a bit of the property and the building is at the edge of the bank and away from the resources. Agent Greenberg-Lemos asked if they would consider raising the entire building on piers and Lajoie stated he would like to have a discussion with the applicant. David Lajoie requested a continuation to June 16, 2021. John Cumbler moved to continue to June 16, 2021; seconded by Barbara Brennessel. VOTE: Michael Fisher recused; Leon Shreves aye; John Cumbler aye; Barbara Brennessel aye; and Ben Fairbank aye. 4-0-1

Yudowitz, 75 Omaha Road, Map 28, Parcel 189, NOI, construct stone revetment to replace existing seawall and installation of replacement driveway. Bob Perry represented the applicant and stated he had a consultation with the Shellfish Constable about the logistics and timing. The driveway or turn-out design has been changed, the driveway by the home stays the same and the new turn out avoids removing trees. The old driveway will be abandoned and plantings can be placed in the location. A 15’ section would be kept for parking one vehicle. A pathway will remain to walk on the route of the old driveway. Traffic control will not impede any access with the shellfish grant holders. Nancy Civetta will work with the shell fishermen and the contractor on coordinating the timing of the project. Bob Perry recommended the work be performed in January. They will be watching the current revetment to be assured it is safe. He stated the road conditions were good, and the trucks bringing the materials will return it to the original condition. He stated we have been having major storms and feels erosion is at around 1 foot per year or less at this location based on a study which results in nourishment of 175 cu yards per year. He believes the sediment will go north and materials will be placed on the revetment at low tide. Barbara Brennessel stated there are two buffer zones (Sewell’s Gutter buffer and the revetment is within the bay / harbor buffer zones). She requested a total disturbance number including the replacement of the driveway. Perry stated the revetment replacing the seawall is within the coastal bank and approximately 6,000 sq. ft and the driveway is comparable. Barbara Brennessel stated the time of year for the work will have to be negotiated. She stated their driveway was always a turnaround and she wondered if there could be an easement for people to turn around and go back down Omaha Road to avoid turning around in the marsh. Perry stated the “spur” of the old driveway would remain and feels this may work. The Agent stated the amount of disturbance needs to be identified within the resource area and the total disturbance on the property in the existing condition (50 vs 100). John Cumbler moved to approve the NOI with conditions (identify total disturbance); seconded by Barbara Brennessel. VOTE: Michael Fisher recused; Leon Shreves aye; John Cumbler aye; Barbara Brennessel aye; and Ben Fairbank aye. 4-0-1 A revised plan will be provided.

John Cumbler moved to adjourn at 6:50 pm; seconded by Michael Fisher. VOTE: Michael Fisher aye; Leon Shreves aye; John Cumbler aye; Barbara Brennessel aye; and Ben Fairbank aye. 5- 0

Respectfully submitted

Christine Bates, Committee Secretary

Documents:

Planting brochure

Town of Wellfleet – Request for Amendment

Stuart: Request for Certificate of Compliance

Behan: Written response to questions

McQuilken / Agosta: Revised plan

Eurich: Request for Determination of Applicability

Cushman: NOI and back up

Yudowitz: Revised plan