Approved Conservation Commission Mtg Mins
Approved
Wellfleet Conservation Commission
Meeting Minutes
July 7, 2021
Remote Meeting
Attendees: 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
Chapter 91 General Laws – Section 10A permits (temporary moorings) Agent Greenberg-Lemos had distributed email correspondence from Brendan Mullaney, Environmental Analyst, Mass DEP Wetlands & Waterways Program on this Section to the commissioners. If floats on ponds meet certain criteria as being seasonal and not a permanent installation on the bottom, they can be permitted by the Harbor Master on an annual basis instead of going through Chapter 91. The person who has a new float on Gull Pond said that Will Sullivan, Harbor Master, had informed him that no procedure for review and approval has yet been put in place so past year’s practice could continue. Agent Greenberg-Lemos stated she and the Harbor Master had not yet discussed fees for a float, dock or mooring on a pond but would do so this fall or winter. The Commissioners feel it would be helpful to have fees in order to keep written track of floats, docks, and moorings receiving a Section 10A permit. The Commissioners understand that official great ponds within the National Seashore are identified as the National Seashore owning the bottom of the pond, the State owning the water, and the property owners owning the surrounding land. In ponds that are not officially “great ponds”, different ownership applies. Agent Greenberg-Lemos will verify this with the National Seashore. If the Harbor Master is reviewing a particular float, dock or mooring, the Commission would like to be notified. The Commission would like to see either Jurisdictional Opinions or Request for Determination filed so there is control regarding wetland resource protection. This would also include winter storage of the items. Mike Fisher recommended two levels for the Commission to review which would be pond floats, docks, or moorings, and those pond docks with gangways starting on the shore.
105 Pine Point Rd – tree cutting Condo Association was represented, They said that they were involved in some minor tree cutting but were not aware they should request permission for their activity. Leon Shreves stated view clearing is something the Commission gets involved with. He explained an RDA and a Jurisdictional Opinion and stated it depends on the amount of work to be performed. This would be considered an after-the-fact filing. Michael Fisher shared photographs where the trees were topped between the former railway right of way and the water on an abutter’s land and also brush and trees extensively cleared between the right of way and the top of the coastal bank on the Condo Association’s land. Agent Greenberg-Lemos read a letter from the Townsend, the Association’s arborist, on what work he performed. Marshall’s on what work was performed by a landscaper. The photographs supplied by Mike Fisher does not coincide with the letter; therefore, this would be two or three different violations. Additionally, a dead tree from the neighbor’s yard was cut by Mr. Marshall and the wood stacked in a pile on the top of the coastal bank. The Commission does not recommend any fine be issued yet and hopes this is an educational process to the homeowners. Mike Fisher will send the photographs to Agent Greenberg-Lemos who will then forward them to the Condo Association to identify who performed the work on the coastal bank and neighbor’s land. properties.
Gips, 25 Crest Ave. Stephen Phillips stated they had filed an NOI which was approved, however Ms. Gips hired a landscaping company to perform the view clearance work without notification to the Agent. The extent of trimming was generally consistent with what was filed originally. An e-mail was read into the record from Ms. Gips that she was unaware of the process and apologized. In addition, Virginiana Roses have been planted as part of the bank stabilization mitigation. Michael Fisher moved Ms. Gips plant $200.00 worth of vegetation beyond the previous Condition and requested a revised planting plan from Gordon Peabody identifying the location in lieu of a $200.00 fee; John Cumbler seconded. VOTE: Leon Shreves aye; Ben Fairbank aye; Michael Fisher aye; and John Cumbler aye 4-0.
There is a standing tent at Chequessett Country Club between the road and the beach, across from the club house. No permission was granted for the season-long tent by the Commission although permissions for short-term, temporary tents have been given in the past. Agent Greenberg-Lemos stated there is a new manager at the club who stated the tent company was issued a permit for the tent from the Building Department. Agent Greenberg-Lemos will follow up with a letter to the Country Club as well as reach out to the tent company.
Jurisdictional Opinions – none
Agent Greenberg-Lemos reported there are two sets of decaying stairs at Gull Pond and another set of stairs at Long Pond that the Commission should inspect before the next meeting.
Meeting Minutes – Minutes of 6/16/21 to be addressed when a quorum of members present at that meeting can attend.
5:00 pm Public Hearings
ROLL CALL: Acting Chair Leon Shreves, John Cumbler; Ben Fairbank and Michael Fisher
Pattyson, 31 Samoset Ave., Map 28, Parcel 119, Certificate of Compliance. Mr. Pattyson stated there was an area that required additional plantings. He stated family members will water the plants during the summer months. Agent Greenberg-Lemos stated this would be compliant. John Cumbler moved to approve the Certificate of Compliance; seconded by Michael Fisher. VOTE: Ben Fairbank aye; Mike Fisher aye; John Cumbler aye and Leon Shreves aye. 4-0
Stuart, Map 41, Parcel 127, 240 Bayberry Lane, Certificate of Compliance Agent Greenberg-Lemos had a discussion with Ms. Stuart and determined the work was completed under an RDA. John Cumbler moved to approve the Certificate of Compliance, noting work was not performed under the NOI; seconded by Leon Shreves. VOTE: Ben Fairbank aye; Mike Fisher aye; John Cumbler aye; and Leon Shreves aye. 4-0.
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. At the request of the applicant, John Cumbler moved to continue to 7/21/21l seconded by Ben Fairbank. VOTE: Ben Fairbank aye; Michael Fisher aye; John Cumbler aye; and Leon Shreves aye. 4-0.
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. David Lajoie represented the applicant and stated an inspection of the septic system and leach pit was performed and are working properly. The Commission had requested a planting plan as well as total disturbance, including disturbance from equipment. Only general replanting notes are in the latest site plan. There was further discussion regarding the location of the leach area closer to the coastal bank than the house and of the septic system generally. John Cumbler requested an I/A system. Lajoie stated they are complying with the regulations since there is no change in the total number of bedrooms in the two houses. Cumbler stated there will be an increase in the use due to the full foundation. Agent Greenberg-Lemos stated they could relocate the septic further away from the bank or move the house further away from the road to make room for the septic system. She reported the town voted for 12 enhanced systems in Wellfleet and the Board of Health would have to review which properties would be chosen to receive upgrades. She stated there is a watershed plan which will require enhanced I/A systems. Lajoie reiterated the septic system was inspected and passed within the current regulations. He stated it could be upgraded to a Title 5 system. Ms. Behan stated they use the house in the summer and family members come at different times. Attorney Jean Kampas who represents an abutter, requested the inspection report and confirmation of the number of bedrooms. David Lajoie requested a continuation. Michael Fisher moved to continue to August 4, 2021; seconded by Ben Fairbank. VOTE: Leon Shreves aye; Michael Fisher aye; Ben Fairbank aye and John Cumbler aye. 4-0.
Bromberg, 195 Samoset Ave., Map 28, Parcel 97, NOI, remove existing dwelling and construct new single family dwelling. At the request of the applicant, John Cumbler moved to continue to July 21, 2021; seconded by Michael Fisher. VOTE Leon Shreves aye, Michael Fisher aye; Ben Fairbank aye; and John Cumbler aye. 4-0.
Glenmullan, 130 Chequessett Knolls Dr., Map 12, Parcel 65, NOI, construct 1st floor screen porch, At the request of the applicant, Michael Fisher moved to continue to July 21, 2021; seconded by John Cumbler; VOTE: Leon Shreves aye; Michael Fisher aye; Ben Fairbank aye; and John Cumbler aye. 4-0.
Cohen, 400 Pleasant Pt. Ave., Map 36, Parcel 193, NOI: Construct ramp associated with decking for access. Replace decking, install outdoor shower, and underground propane tank. Replace electric and water lines within driveway. David Lajoie stated this is a new application for a disability ramp to go from the road level up to the first-floor level. This would be a permeable paver concrete ramp which would turn into a wooden deck. The propane tank will be buried. Mr. Cohen stated the design and construction will work with the design of the house. He needs this ramp for access to the main floor. Agent Greenberg-Lemos identified the two salt marshes on both sides, a coastal bank, and the property is within the flood zone at elevation 13, and ACEC, all within the 50 foot filter strip. The Commission reviewed several photographs and identified the location of the ramp as well as the outside shower. There was discussion regarding the outdoor shower’s location and concerns with nutrients going into the resources. Paul Worthington, architect, stated the outdoor shower will be by the garage with the ramp 4 feet away from the house. The applicants agreed to the Condition that they will incorporate a drainage system to remove nutrients from the outdoor shower. The air conditioning units which are not currently on the site plan will be relocated behind the ramp and on a revised site plan. Michael Fisher asked what the total disturbance is, what has been changed, and what is proposed. David Lajoie stated there have been many changes over the years and this is an established property. The planting plan is for remediation and the site is well vegetated. There is a restricted work limit. There was discussion regarding consequences of buried propane tanks and the Commission requested it will remain on the top of the ground. The applicants agreed to this Condition. David Lajoie will provide a revised plan for the outdoor shower which will include the drainage plan and identify the location of the propane tank.
Michael Fisher moved to approve the NOI; seconded by John Cumbler. VOTE: Michael Fisher aye; Leon Shreves aye; Ben Fairbank aye; and John Cumbler aye 4-0.
Agent Greenberg-Lemos stated the Commission will not meet with Horsley Whitten in the immediate future and questioned if we should consider incorporating an I/A regulation sooner than that. She stated this could move swiftly and be updated by September or October. The Commission supported this earlier consideration. Agent Greenberg-Lemos will draft proposed text.
Michael Fisher moved to adjourn at 6:15 pm; seconded by John Cumbler. VOTE: Michael Fisher aye; Leon Shreves aye; Ben Fairbank aye; and John Cumbler aye. 4-0.
Respectfully submitted
Christine A. Bates, Committee Secretary
Documents:
Pattyson: Request for Certificate of Compliance
Stuart: Request for Certificate of Compliance
Cushman: e-mail request for continuation
Behan: no additional paperwork
Bromberg: e-mail request for continuation
Glenmullan: e-mail request for continuation
Cohen: NOI and back up material