Approved Conservation Commission Mtg Mins

Meeting date:

Wednesday, June 16, 2021

Approved

Wellfleet Conservation Commission

Meeting Minutes

June 16, 2021

Remote Meeting

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

Leon Shreves was absent.

4:00 pm Business Meeting

The Commission opened the Public Hearings after reading the provisions for Open Meeting Laws.

Mail / Discussion

Gull Pond dock: Agent Greenberg-Lemos stated the new dock identified there was not permitted and a letter was sent to the owners. They will also have to get a Chapter 91 license. She will advise the owners it needs to be removed immediately. Barbara Brennessel stated there are also several moorings at the pond.

Gips, 25 Crest Ave Steve Phillips stated the owner had performed the tree trimming part of the project in advance of paperwork being issued and consultation with the project supervisor, Michael Fisher. Barbara Brennessel suggested a fine be issued. Mr. Phillips stated he believed the work was mostly performed as approved. Michael Fisher will make a site visit with Mr. Phillips. Photographs were taken prior to the work being performed which will be compared with the actual work. Barbara Brennessel moved to have a discussion on the July 7, 2021 business meeting to determine the fine to be assessed; seconded by John Cumbler. VOTE: Michael Fisher, aye; Barbara Brennessel aye; Ben Fairbank aye, and John Cumbler aye. 4-0.

Sewell’s Gutter (due to sand nourishment at Samoset and Omaha) turtle habitat There was a question from an abutter, Anne Fausto Sterling, regarding where the sand is moving from nourishment projects and if there will be an impact on turtles. Charlie Agro responded to the concern and stated the nourishment would not have any effect. Agent Greenberg distributed the emails to the Commission.

Ann Yudovitch had also expressed concern about the kayaks at the end of Sewell’s Gutter. Agent Greenberg-Lemos reported signs have been placed there and also near State owned land at Pleasant Point. There are 3 or 4 kayaks in the area now and she would like to give the people an opportunity to remove them before the Town confiscates them. Barbara Brennessel stated there are 4 kayaks in/near the parking lot within the resource at Field Point and would like to see signs placed there. There will be monitoring of the areas where the signs are located.

Jurisdictional Opinions- none

Meeting Minutes: John Cumbler moved to approve the amended June 2, 2021 meeting minutes; seconded by Barbara Brennessel. VOTE: Michael Fisher, aye; Barbara Brennessel aye; Ben Fairbank aye, and John Cumbler aye. 4-0.

Town Mtg Warrant

Article 33 – disposition of Map 30, Parcel 14, which is town owned, sell the property to a private party. It is located within the National Park near the right of way of power lines and bike path. It is the understanding of the Commission that this property would be used for future construction. The apparent would-be buyers already have land available to build on their current property. This land is not within the Commission’s jurisdiction, so the Commissioners declined to comment officially on it.

Article 34: Open space land at Map 30 Parcel 186 and Map 42 Parcel 137, transfer to the care and custody of the Conservation Commission. John Cumbler moved to recommend transferring the control of these properties to the Conservation Commission; seconded by Barbara Brennessel. VOTE: John Cumbler aye; Barbara Brennessel aye; Ben Fairbank aye; and Michael Fisher stated “I am a Trustee of the Wellfleet Conservation Trust, a 501 (c) non-profit organization which is not a business organization, and the Wellfleet Conservation Trust has an interest as an abutter to these properties that will be affected when I perform my official duties with regard to this application. Taking into account the facts that I have disclosed above, I feel that I can perform my official duties objectively and fairly.” He then voted aye. 4-0.

Article 19: $250,000 to support enhanced I/A systems. This would be a pilot project for the town and give the Town the ability to match a grant if available. The BOH does not have a regulation requiring enhanced I/A systems in all cases nor a map to identify locations where they are appropriate. This money would allow the Town to get some systems in the ground to study results. The Commission discussed the pros and cons on this article which included properties in the high use location versus rural locations. The Commission would rather see a municipal system. Taxpayers would be subsidizing people who want to upgrade their systems and this would not benefit the town as a whole. The Commission would like to see a study be performed to determine if this project would be approved by the State who would decide if it was working in the high / low areas. Agent Greenberg-Lemos stated the Board of Health has had several presentations on different enhanced I/A systems and is still in the discussion phase. The public needs to know all the details. Barbara Brennessel moved to reserve a recommendation; seconded by John Cumbler. VOTE: Barbara Brennessel aye; John Cumbler aye; Ben Fairbank aye; and Michael Fisher aye. 4-0. It was agreed a statement would be made at the Town Meeting.

Article 20: permeable reactive barrier along roadway to mitigate nutrients (as a study). Agent Greenberg-Lemos stated she feels there will be funding available and eligible for grant money. The Commission identified one of the areas this would be studied (Bank Street and Commercial Street junction) and recommended the project. John Cumbler moved to support the Article; seconded by Barbara Brennessel. VOTE: Michael Fisher aye; Barbara Brennessel aye; John Cumbler aye; and Ben Fairbank aye. 4-0

Article 21 wastewater mitigation– this would accommodate affordable housing at 95 Lawrence Road and could scale up to include other properties. John Cumbler moved to support Article 21; seconded Barbara Brennessel. VOTE: Michael Fisher aye; Barbara Brennessel aye; John Cumbler aye; and Ben Fairbank aye. 4-0

John Cumbler asked about the two sets of stairs at Chequessett Neck Road. Agent Greenberg-Lemos stated Town Counsel was looking into the Conditions for the one set and a letter was sent to the other property owners.

John Cumbler moved to adjourn the business meeting at 5:00 pm; seconded by Barbara Brennessel. Michael Fisher aye; Barbara Brennessel aye; John Cumbler aye; and Ben Fairbank aye. 4-0

5:00 pm Public Hearings

Attendees: Acting Chair Michael Fisher, Ben Fairbank, Barbara Brennessel, and John Cumbler.

Michael Fisher opened the Public Hearings after reading the provisions for Open Meeting Laws, the Public Hearings were opened at 5:03 pm.

Cole 60 Perch Pond Way, Map 8, Parcel 78-6, Certificate of Compliance Agent Greenberg-Lemos stated no work was performed. Barbara Brennessel moved to issue the Certificate of Compliance stating no work was performed; seconded by Ben Fairbank. VOTE: Michael Fisher aye; Barbara Brennessel aye; John Cumbler aye; and Ben Fairbank aye. 4-0

Pattyson, 31 Samoset Ave., Map 28, Parcel 119, Certificate of Compliance This was for stairs and snow fencing. Plantings could not be verified on the site visit. Barbara Brennessel moved to continue to July 7, 2021; seconded by John Cumbler. VOTE: Michael Fisher aye; Barbara Brennessel aye; John Cumbler aye; and Ben Fairbank aye. 4-0

Stuart, Map 41, Parcel 127, 240 Bayberry Lane, Certificate of Compliance. Agent Greenberg-Lemos reported the septic system upgrade was in compliance. Barbara Brennessel moved to approve the Certificate of Compliance; seconded by John Cumbler VOTE: Michael Fisher aye; Barbara Brennessel aye; John Cumbler aye; and Ben Fairbank aye. 4-0

Stuart, Map 41, Parcel 127, 240 Bayberry Lane, Certificate of Compliance Agent Greenberg-Lemos reported the porch and deck were constructed but a small path was made which was not permitted. Minor in nature but not on the approved plan. Barbara Brennessel moved to continue to July 7, 2021; seconded by John Cumbler. VOTE: Michael Fisher aye; Barbara Brennessel aye; John Cumbler aye; and Ben Fairbank 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 David Lajoie, Barbara Brennessel moved to continue to July 7, 2021; seconded by John Cumbler. VOTE: Michael Fisher aye; Barbara Brennessel aye; John Cumbler aye; and Ben Fairbank aye. 4-0

Caviness, 360 Cove Rd., Map 28, Parcel 24, RDA, remove and replace deck. Jason Ellis represented the applicant and stated the only change from current disturbance would be the staircase which will be moved toward the garage side, all else will be within the same footprint as present. Debris will be removed from the property. There may be additional footings performed by hand. Photographs of the property were shared with the Commission. Barbara Brennessel requested the amount of disturbance be identified on the plan and would like no storage under the deck. John Cumbler wants permeable gravel to remain under the deck and install a dry well for the outdoor shower which is within the 100’ buffer zone. John Cumbler identified the RDA as a Negative 3; seconded by Barbara Brennessel. VOTE: Michael Fisher aye; Barbara Brennessel aye; John Cumbler aye; and Ben Fairbank aye. 4-0

Kostyk, 71 Catboat Road, Map 41, Parcel 106, RDA, septic system upgrade and well relocation. Jason Ellis represented the applicants and stated the house is served with a cesspool and they will install a new system and relocate the well. Photographs were shared. John Cumbler identified the RDA as a Negative 3; seconded by Barbara Brennessel. VOTE: Michael Fisher aye; Barbara Brennessel aye; John Cumbler aye; and Ben Fairbank aye. 4-0

Hirsch & Meek, 25 Way 672, Map 12, Parcel 235, RDA, new pump chamber and leach area as well as construction access. Jason Ellis represented the applicant and stated this is a failed system. Everything will be outside of the 100 foot buffer and requires access to install the system. He feels the vegetation could be flush cut and be returned to its natural state within a year. Jason stated the system complies with all the regulations. Photographs were shared. Barbara Brennessel identified the project as a Negative 3; seconded by Ben Fairbank. VOTE: Michael Fisher aye; Barbara Brennessel aye; John Cumbler aye; and Ben Fairbank aye. 4-0

Financial Associates Inc., 349 Old Kings Hwy, Map 23, Parcel 71, RDA, septic upgrade. Jason Ellis represented the applicant and there are 2 cesspools which will be abandoned, the well will be moved to another location, and new septic and chamber area will be relocated. Photographs were shared. Barbara Brennessel identified the RDA as a Negative 3; seconded by Ben Fairbank. VOTE: Michael Fisher aye; Barbara Brennessel aye; John Cumbler aye; and Ben Fairbank aye. 4-0

Armstrong, 2079 Pond Ave., Map 41, Parcel 155-3, RDA, native tree replanting. Gordon Peabody represented the applicant and stated when the house was built, the property was almost clear cut. Nine trees (pines and oaks) will be removed and 52 trees will be planted. Many of the trees will be vista pruned. All work will be by hand. Brush piles will be left for habitat. Photographs were shared. John Cumbler identified the RDA as a Negative 3; seconded by Barbara Brennessel. Michael Fisher stated “I am a Trustee of the Wellfleet Conservation Trust, a 501 (c) non-profit organization which is not a business organization, and the Wellfleet Conservation Trust has an interest as an abutter to these properties that will be affected when I perform my official duties with regard to this application. Taking into account the facts that I have disclosed above, I feel that I can perform my official duties objectively and fairly.” VOTE: Michael Fisher aye; Barbara Brennessel aye; John Cumbler aye; and Ben Fairbank aye. 4-0

Sterling, 36 Marsh End, Map 8, Parcel 264, RDA, replace 8’ x 18’ 2nd floor deck and rail. Andrew Herold represented the applicant and stated 2 footings would have to be used. This will be on the same footprint. John Cumbler requested there be permeable stones under deck and no storage. Michael Fisher stated “I am a Trustee of the Wellfleet Conservation Trust, a 501 (c) non-profit organization which is not a business organization, and the Wellfleet Conservation Trust has an interest as an abutter to these properties that will be affected when I perform my official duties with regard to this application. Taking into account the facts that I have disclosed above, I feel that I can perform my official duties objectively and fairly.” John Cumbler identified the RDA as a Negative 3; seconded by Barbara Brennessel. VOTE: Michael Fisher aye; Barbara Brennessel aye; John Cumbler aye; and Ben Fairbank 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 (Cont’d) At the request of the applicant, John Cumbler moved to continue to July 7, 2021; seconded by Barbara Brennessel VOTE: Michael Fisher aye; Barbara Brennessel aye; John Cumbler aye; and Ben Fairbank aye. 4-0

Bromberg, 195 Samoset Ave., Map 28, Parcel 97, NOI, remove existing dwelling and construct new single family dwelling. John O’Reilly represented the applicant and stated the project was approved by the Conservation Commission several years ago but appealed by an abutter. The 3-year timeline has expired and they are coming before the Commission again. He provided an overview of the proposed construction. He described the work within the buffer zones. 805 sq ft of invasives on the slope will be removed and replanted with native plantings. The septic system includes I/A and remains at 2 bedrooms. There is an expansion within the 50 buffer of 173 sq ft, and the patio will be 40 square feet and the original patio is 30 square feet. Barbara Brennessel stated our regulations do not allow new construction within the 50 foot buffer zone. Attorney Ben Zehnder stated this project was previously approved by the Commission. Barbara Brennessel stated this is a new application and we do not have to review the previous approval which has expired. Attorney Zehnder reiterated this family has been trying to get approval over the last 7 years and went through the appeal process. He feels the Commission should approve the previous plan which was not built. Barbara Brennessel stated the Commission members have changed and she would like to see what was proposed for work within the 50’ buffer zone. John O’Reilly stated the disturbance would be 173 square feet within the 50 foot buffer zone and 303 square feet within the 100 foot buffer zone. John O’Reilly requested a continuation to July 7, 2021. John Cumbler moved to continue to July 7, 2021 seconded by Ben Fairbank. VOTE: Michael Fisher aye; Barbara Brennessel aye; John Cumbler aye; and Ben Fairbank aye. 4-0

Glenmullan, 130 Chequessett Knolls Dr., Map 12, Parcel 65, NOI, construct 1st floor screen porch. David Lajoie represented the applicant and identified the resource area between Snake Creek Road and the house. This is considered a coastal bank. The addition would be 12’ x 16’ and attached to the house at the 1st floor level. They would need sonotubes for the new porch and replace some of the posts underneath the current deck. Work will be done by hand. David stated utilizing the variance request, it could be approved, even though it is on top of the coastal bank. There would be some excavation under the deck so the basement would be level with the ground. There is a timber wall which is failing which they want to replace. Lajoie stated the deck could be cantilevered. The Commission viewed several photographs. There was discussion regarding new construction within the resource and also the 50 foot buffer zone. John Cumbler asked if they would consider screening in the current porch. Trudy Vermehren stated the previous owner made some changes and stated this proposal is cantilevered and will not harm the resources. Ms. Glenmullan stated it is only the posts that make the impact. She stated the sun comes into the deck and it is blinding and uncomfortable to utilize the deck. She stated it would never be closed in for living space and would leave the flooring open for water flow. David Lajoie stated this is only officially a coastal bank and the bank is a vertical buffer and no water will go up the hill. This is not expanding the house and the project will not affect habitat. The bank does not supply sediment and the vertical buffer prohibits flooding. Lajoie stated revegetation of over 200’ would mitigate the disturbance. Agent Greenberg-Lemos stated the project is approximately 84’ to edge of the Herring River and the bordering vegetated resources. After further discussion, Lajoie requested a continuation to 07/07/21. John Cumbler moved to continue to July 7, 2021; seconded by Ben Fairbank. VOTE: Michael Fisher aye; Barbara Brennessel aye; John Cumbler aye; and Ben Fairbank aye. 4-0

Zimbalex Sea Cliff Realty Trust, 740 Ocean View Dr., Map 17, Parcel 2, NOI, move garage to north of house from south side location. David Segal, owner, stated the garage is 24’ from the coastal sand bank and he is trying to save the building from going over. The house’s deck is approximately 2 feet from the coastal bank. He stated he would be using the same garage building and it would require a new slab foundation. The Order of Conditions are that the garage size be reduced so as to not extend beyond the lot line, and the current cement slab foundation be removed and the disturbed area be planted with beach grass. New plans will be provided to the Conservation Agent. John Cumbler moved to approve the NOI with the stated Conditions; seconded by Ben Fairbank. VOTE: Michael Fisher aye; Barbara Brennessel aye; John Cumbler aye; and Ben Fairbank aye. 4-0

John Cumbler moved to adjourn at 6:55 pm; second by Barbara Brennessel. VOTE: Michael Fisher aye; Barbara Brennessel aye; John Cumbler aye; and Ben Fairbank aye. 4-0

Respectfully submitted,

Christine Bates, Committee Secretary

Documents:

Charlie Agro e-mail regarding Sewell’s Gutter

Town Articles for Conservation Commission review / statement

Cole: Request for Certificate of Compliance

Pattyson: Request for Certificate of Compliance

Stuart: Request for Certificate of Compliance

Cushman: Request for continuation

Caviness: Request for Determination of Applicability

Kostyk: Request for Determination of Applicability

Hirsch & Meek: Request for Determination of Applicability

Financial Associates Inc.: Request for Determination of Applicability

Armstrong: Request for Determination of Applicability

Sterling: Request for Determination of Applicability

Behan: Request for Continuation

Bromberg: Notice of Intent filing and back-up materials

Glenmullan: Notice of Intent with back-up materials

Zimbalex Sea Cliff Realty Trust (Segal): Notice of Intent with back-up maaterials