Approved Conservation Commission Mtg Mins

Approved

Wellfleet Conservation Commission

Meeting Minutes

October 6, 2021, 2021

Remote Meeting

Attendees: Chair Leon Shreves, Clerk Michael Fisher, Barbara Brennessel, Ben Fairbank, Marty Murphy, Agent Hillary Greenberg Lemos, and Christine Bates, Committee Secretary.

Regrets:  John Cumbler

4:00 pm Business Meeting

Mail / Discussion

            CPC Needs List.  Michael Fisher, representative from the Conservation Commission to the Community Prevention Committee, provided the background for the Needs List which guides the CPC as it disburses funds for Historical, Affordable Housing, Recreation, and Open Space applications.  There was one change recommended from the 2020 Needs List by the Open Space Committee: for #7, deleting “from development and.” Fisher requested the Commissioners to discuss and vote on the resulting 2021 Needs List. 

Barbara Brennessel moved to approve this revised 2021 Needs List, seconded by Leon Shreves.  1. Preserve threatened resources especially in ACEC land.

2. Protect regional water supply/aquifer.

3. Protect regional wetlands and bordering areas.

4. Protect shellfishing/wildlife habitat.

5. Preserve special and unique native vegetation.

6. Provide links with existing conservation land for wildlife corridors.

7. Protect for limited and appropriate public access land near ocean, bay and ponds.

8. Seek land for passive recreation.

9. Continue to educate the population regarding the benefits of conservation, and the relationship between excessive growth and ground water quality, waste disposal, harbor health, natural resources and town character.

VOTE:  Michael Fisher aye; Barbara Brennessel aye; Ben Fairbank aye; Marty Murphy aye; and Leon Shreves aye.  5-0.   

            Clyde Russeau, 174 Pleasant Point.  Agent Greenberg-Lemos stated she had received some complaints from abutters about construction on the property.  There is an open Order of Conditions on this property.  Mr. Russeau stated there has been a major renovation on the dwelling and the project is taking longer than anticipated.  Mr. Russeau stated the gas propane tank is not buried.  Agent Greenberg-Lemos stated it doesn’t appear to have a pad underneath it.  Mr. Russeau stated both the Fire Department and Building Inspector did not have issues with the propane tank.  Agent Greenberg-Lemos stated some of the complaints are out of our jurisdiction, but after a site visit, she noticed there was vegetation removal on the bank as well as construction of a retaining wall on the bank.  Although the propane tank is outside the 50’ buffer zone, we need its location on the site plan.  There is also fencing, but that is not in our jurisdiction.  Mr. Russeau stated he does not know what the abutters are referring to as far as vegetation removal.  He admitted he pruned branches from a neighbor’s tree which came onto to his property.  His neighbor built a retaining wall along the property going down the bank and he believed he could do the same thing, so he built a wall near his revetment.  The property is a narrow lot and houses are close to each other.  Agent Greenberg-Lemos stated that owners have to get permission for any structures on a coastal bank.  She recommended Mr. Russeau file a Jurisdictional Opinion for the propane tank so there is a record.  The retaining wall needs to be removed and the Commission will make a site visit to determine a future vegetation plan.  Agent Greenberg-Lemos will contact Hummingbird Landscaping and request that they come to a meeting to educate them regarding work near the wetlands.

            Brian Nowell, 140 Sandpiper Hill.  Mr. Nowell stated he was asked to come regarding decks which were built.  He stated there was an oil spill in the basement of his home and hired experts to remove the oil.  The deck had to be removed for access into the basement.  Mr. Nowell stated he received an emergency order from the Conservation Agent to deal with the spill. But he did not then notify her about the deck and deck roofing construction.  Michael Fisher displayed photographs of the property and identified the entire property as being in our jurisdiction.  He stated there is increasing erosion from the top of the coastal bank on two sides.  He stated the decking and roofs over both the decks may be causing erosion from water runoff.  Mr. Nowell stated that the reconstructed decks are the same size as the removed ones and there were roofs before.  However, the new roofs are pergolas with plexiglass roofing over some tables.  He stated he doesn’t feel there is any runoff from the roofs but he is open for discussion regarding vegetation.  It was recommended he file an “after-the-fact” NOI which is to include the decking and roofing materials used, photographs of before and after, and a planting plan to reverse the erosion of the coastal bank.    

Monitoring Report for the Thaler property (250 Meadow Ave West).  Seth Wilkinson provided photographs of the fiber roll array on the coastal dune which showed healthy plants growing.  He stated the first couple of years were difficult but the grasses are growing well now.  The Commission asked if they could make a site visit and Mr. Wilkinson stated it should happen sooner than later based on the proposed road work on Lt. Island road and bridge scheduled for the first of November.   

Jurisdictional Opinions:  105 Catboat Rd – replace block risers and components in septic system.  Agent Greenberg-Lemos provided details of the project and stated it is minor.  Barbara Brennessel moved to approve the Jurisdictional Opinion; seconded by Michael Fisher.  VOTE:  Leon Shreves aye; Ben Fairbank aye; Marty Murphy aye; Barbara Brennessel aye; and Michael Fisher aye.  5-0

Meeting Minutes:  Leon Shreves moved to approve the amended September 15, 2021 meeting minutes; seconded by Barbara Brennessel.  VOTE:  Leon Shreves aye; Ben Fairbank aye; Marty Murphy aye; Barbara Brennessel aye; and Michael Fisher aye.  5-0

Agent Greenberg-Lemos informed the Commission there had been an oil spill at Box Lunch on Briar Lane.  Professionals are cleaning up the area. 

The DPW will be digging up fishing lines on the Atlantic beach.  The work is too intense for manual removal.  

There has been a washout along Lt. Island Road.  The DPW has permission under the WPA to fix this.

Leon Shreves moved to adjourn the business meeting at 5:00 pm; seconded by Michael Fisher.  VOTE:  Leon Shreves aye; Ben Fairbank aye; Marty Murphy aye; Barbara Brennessel aye; and Michael Fisher aye.  5-0

5:00 Public Hearings

In attendance:  Leon Shreves, Michael Fisher, Barbara Brennessel, Marty Murphy, and Ben Fairbank.

Town of Wellfleet, Changes/Amendments to the Wellfleet Environmental Protection Regulations relative to Ecological Restoration Projects (“ERPs”).  Revisions will provide that the ERPs are reviewed and regulated in accordance with the provisions and standards found in 310 CMR 10.00 et. Seq.  Agent Greenberg-Lemos stated the Commission should amend the regulations and gave an overview of Ecological Restoration projects.  The amendment will allow the Commission to determine if a project is an ERP or is a project under our wetland regulations.  Leon Shreves moved to approve the amendments; seconded by Barbara Brennessel.  VOTE:  Leon Shreves aye; Ben Fairbank aye; Marty Murphy aye; Barbara Brennessel aye; and Michael Fisher aye.  5-0

Sexton, (Cook Family Trust) 420 Lecount Hollow Rd., Map 31, Parcel 600, Request for 3 year extension  (WPA Form 7) Cont’d from 9/15)  Mr. Sexton stated the Order of Conditions (approved August 2018) had expired and requested an extension.  He stated the deck one of the cottages is 7’ from the dune with the cottage at 15’.  When questioned, he stated there was not that much erosion over the past 3 years and now there is major erosion.  The Commission requested a new NOI be submitted to meet the current regulations and to show the proposed new location of the moved cottage.  Leon Shreves moved not to issue an extension but rather to have a new NOI submitted which will include all disturbed areas and a revised site plan; seconded by Michael Fisher.  VOTE:  Leon Shreves aye; Ben Fairbank aye; Marty Murphy aye; Barbara Brennessel aye; and Michael Fisher aye.  5-0

MA Audubon Society, Map 40, Parcel 172, RDA, reduce impact on the marsh from vehicles by reducing the volume of parking  (Form 2) (Cont’d from 9/15)  Ian Ives from MA Audubon stated several stake holders were informed and agreed to the reduction in the area for parking on the sand.  There is no enforcement regarding the parking and they want to install 10 rope posts to prevent parking which impacts the marsh.  The existing boulders will remain.  The rope posts will be hand dug, and there will be a lockable gate for emergency access.  Instructional signs will be placed where parking is not allowed and will indicate the maximum number of vehicles and their parking angle.  There will be a gap for access to the west.  Michael Fisher recommended as a Condition that the posts be placed in already disturbed land areas and not within the marsh vegetation.  Barbara Brennessel moved to identify the RDA as a Negative 2; seconded by Michael Fisher.  VOTE:  Leon Shreves aye; Ben Fairbank aye; Marty Murphy aye; Barbara Brennessel aye; and Michael Fisher aye.  5-0

Misty Hill Condo Association, 105 Pine Point Road, Map 21, Parcel 53, RDA, prune trees between cottages and water, top dead trees, prune branches within pathway, brush to be removed (Form 2).  Agent Greenberg-Lemos stated this was an after-the-fact filing and the work is already performed.  The Commission had requested a site plan, planting plan, and written permission from the abutter on whose land the trees had been trimmed and topped.  Jennifer Harrison and Marsha Dunn, representing the Condo, stated they were not aware they required permission.  Photographs were made available to the Commission identifying new paths to the water, debris in and around the paths, tree cutting that was performed on abutter’s property without notifying them, and a wood pile at the top of the coastal bank.  The Commission stated the Condo needs to file an “after the fact” NOI for work already performed including a site plan and a planting plan for the paths which are causing erosion.  They were advised they cannot cut any trees on the coastal bank.  Leon Shreves moved to continue indefinitely; seconded by Barbara Brennessel.  VOTE:  Leon Shreves aye; Ben Fairbank aye; Marty Murphy aye; Barbara Brennessel aye; and Michael Fisher aye.  5-0

Callahan, 149 Commercial St., Map 21, Parcel 120, NOI, replace segment of marine bulkhead Cont’d from 9/15)  (Form 5)  Bob Perry represented the applicant and reviewed the original proposal.  He stated they reconsidered the best methods to replace the damaged bulkhead and have decided to use a concrete seawall.  The abutter was notified and there was no objection.  The elevated stairway will be changed to a framed stairway.  The existing stairs will be flush with the wall.  The work limit is 8 feet away from the existing wall.  The trucks will be located within the driveway.  The Commission requested a revised site plan to clarify the stairs.  Agent Greenberg-Lemos recommended evaluating the beach sediment mitigation and provide calculations.  Perry stated there is very little erosion.  He stated there is very little foot traffic on the beach in this area and that salt marsh grass grows there on its own.  Barbara Brennessel stated the request to plant salt marsh grass for mitigation.  It was suggested wood chips be included behind the seawall as a Permeable Reactive Barrier to remove nitrogen from the ground water as it flows into the bay.  Conditions include a new site plan, a beach nourishment plan, placing wood chips at the footing, and monitoring before and after construction.  Leon Shreves moved to approve the NOI with Conditions; seconded by Michael Fisher.  VOTE:  Leon Shreves aye; Ben Fairbank aye; Marty Murphy aye; Barbara Brennessel aye; and Michael Fisher aye.  5-0  Supervisor:  Agent   

Cook, 30 Main Street, Map 15, Parcel 2, NOI, replace current accessory building with a pre-constructed accessory building within the 100’ buffer zone  (Form 5) (Cont’d from 9/15)  Peter Cook provided the requested paperwork which verified the location of the septic system as well as the buffer zones.  He stated the English Ivy will be removed by hand, done by sections, replanting with natives, and then moving on to the next area, covering a total of approximately 1,600 sq. ft.  Mr. Cook stated they will be shifting the building from its location on the submitted plan so it is not within the setbacks.  Agent Greenberg-Lemos stated we require a revised site plan with the new location for the accessory building.  Mr. Cook agreed to the Conditions that there be no plumbing in the building and electricity only after application to the Commission. Michael Fisher moved to approve the NOI with Conditions, seconded by Leon Shreves.  Michael Fisher supervisor   VOTE:  Leon Shreves aye; Ben Fairbank aye; Marty Murphy aye; Barbara Brennessel aye; and Michael Fisher aye.  5-0

Goldberg / Hirschhorn, 520 Long Pond Rd, Map 16, Parcel 638, NOI, repair existing walkway and stairs provide a handrail, construct 4’ x 8’ seasonal boardwalk at end of existing stairs and removal of diseased pine trees.  (Form 5)  A site visit was made.  David Lajoie represented the applicant and stated they want to improve the access to the pond.  They proposed that the existing path will be stepped using timber and gravel which will reduce the erosion.  The boardwalk will be seasonal.  Mr. Goldberg stated he would like to have a handrail down the walkway for safety reasons.  There are 5 trees that are dying.  There was in depth discussion regarding the materials to be used for the path / walkway.  Many of the Commissioners felt timbers and stone would create more disturbance as well as run off and the proposed boardwalk would cover vegetation.  Ben Fairbank expressed concern about digging up the roots where the walkway is located.  The diseased pine trees are not going to damage anything and they provide habitat for animals.  Lajoie stated the boardwalk would be made of wood held together with steel wire.  It would keep the chairs off the beach sand.  The handrail would be made from 4” x 4” posts, 3’ above the ground, with ropes between the posts.  The posts would be on the edge of the path.  Jeremy Young stated the property has been vacant for over 2 years and there hasn’t been erosion because no one has used the path.  Lajoie stated the path is currently approximately 2 to 2 ½ feet wide and the handrail could not be located within the path.  Lajoie gave a detailed description of how the steps would be constructed.  The timbers are 6” x 6” and 2 ½ feet wide.  Lajoie stated it will be at grade and it may be 8 to 10 feet between steps.  Lajoie stated that along the sides of the proposed path there would be no plantings and he would use bark mulch.  The overall width would be 36” wide.  Agent Greenberg-Lemos requested a plan be provided to identify the location of the steps, the posts for the handrails, the elevations, as well as to see how the stairway will work with the fluidity of the path.  Lajoie stated he will provide an updated plan and photographs.  He will also mark the trees they wish to remove.  Leon Shreves moved to continue to October 20; 2021; seconded by Michael Fisher.  VOTE:  Leon Shreves aye; Ben Fairbank aye; Marty Murphy aye; Barbara Brennessel aye; and Michael Fisher aye.  5-0

Baker, 35 Way #60, Map 19, Parcel 16, NOI, renovation and addition to single family dwelling (Form 5)  (this was advertised incorrectly so no decision could be made).  David Lyttle represented the applicant and stated the flood zone is in elevation AE13 and the property is a part of the coastal bank.  There would be no increase in bedroom count, a new septic system is planned.  He provided information on the construction and the buffer zones.  The Commission requested Lyttle provide the total square footage of disturbance to the property including paths, decks, etc.  They requested the revised site plan identify everything within the 100’ buffer zone.  Agent Greenberg-Lemos stated the patio and stone wall were never permitted by the Conservation Commission.  Lyttle stated the original septic plan did not include the patio and pathways and he was not aware of the patio construction.  A planting mitigation plan was also requested.  Leon Shreves moved to continue to October 20, 2021; seconded by Michael Fisher.  VOTE:  Leon Shreves aye; Ben Fairbank aye; Marty Murphy aye; Barbara Brennessel aye; and Michael Fisher aye.  5-0

Falk / Margues-Pascual, 117 Samoset Ave., Map 28, Parcel 107, NOI, remove existing dwelling and construct a flood compliant dwelling and upgrade septic system  (Form 5)  Matt Farrell represented the applicant and provided information regarding the property as well as the current dwelling.  He identified the beach grass and elevations as well as the limit of work west of the existing house.  The new dwelling will be within the existing footprint.  There will be no grade changes.  There will be a handicapped access.  This will be a “green” house.  The project will go before the Board of Health and Zoning Board of Appeals.  The structure is within the setbacks on the sides and is constricted by the location. There will be a slab in the basement at grade.  There will be an I/A septic system.  The existing cesspool will be pumped and filled with sand.  The Commission requested as Conditions that the proposed rinse station have a layering of nitrogen-reducing materials and that there will be a Cape Cod lawn with no fertilization or irrigation.  Abutters Mr. and Mrs. Neilan expressed concern with the SAS location will be within 2 feet of their property line.  Agent Greenberg-Lemos stated the septic system has already been approved by the Board of Health and Conservation Commission and stated that is not what is before the Conservation Commission.  She recommended the abutters attend future Board of Health meeting and the Zoning Board of Appeals meetings on this application.  Leon Shreves moved to approve the NOI with Conditions; seconded by Ben Fairbank. VOTE:  Leon Shreves aye; Ben Fairbank aye; Marty Murphy aye; Barbara Brennessel aye; and Michael Fisher aye.  5-0  Supervisor:  Agent

Glenmullen, 130 Chequessett Knolls Drive, Map 12, Parcel 65, AOOC, concerning the non-removal of decking (Form 5)  David Lajoie gave a history of a previous Order of Conditions.  He stated there were going to be issues with removing part of the deck which affects the windows and doors.  The applicant would be willing to mitigate planting an additional 200 square feet (for a total of 600 square feet) in order to maintain the decking.  There are invasive plants on the property and they would like to increase the mitigation by planting native plants.  The new deck will use helical piers as support.  The Commission requested a revised planting plan.  Leon Shreves moved to approve the NOI and not require the removal of the specified part of the existing decking; seconded by Ben Fairbank.  VOTE:  Leon Shreves aye; Ben Fairbank aye; Marty Murphy aye; Barbara Brennessel abstain; and Michael Fisher aye.  4-0-1

Leon Shreves moved to ADJOURN at 8:00 pm; seconded by Michael Fisher.  VOTE:  Leon Shreves aye; Ben Fairbank aye; Marty Murphy aye; Barbara Brennessel aye; and Michael Fisher aye.  5-0

Respectfully submitted

Christine Bates, Committee Secretary

Documents: 

CPC list

Jurisdictional Opinion (105 Catboat Road)

Town of Wellfleet – Changes / Amendments to the WEPR

Sexton:  letter for 3 year extension

MA Audubon – RDA

Misty Hill Condo Assoc. – no new paperwork

Callahan – Updated plan

Cook – plan identifying buffer zones

Goldberg / Hirschhorn – NOI and back up paperwork

Baker – NOI and back up paperwork

Falk / Margues-Pascual – NOI and back up paperwork

Glenmullen – new site plan and letter