Approved Conservation Commission Mtg Mins
Approved
Wellfleet Conservation Commission
Meeting Minutes
November 3, 2021
Remote Meeting
Roll Call of Attendees: Chair Leon Shreves, Clerk Michael Fisher, Barbara Brennessel, John Cumbler, Ben Fairbank, Marty Murphy, Agent Hillary Greenberg-Lemos, and Christine Bates, Committee Secretary.
Chair Leon Shreves opened the Business Meeting at 4:00 pm
4:00 pm Business Meeting
Mail / Discussion
Jurisdictional Opinions
Peter Cook, 30 Main Street, remove an old locust tree (located behind and above the current outbuilding to be replaced by a new outbuilding that the Commission recently approved through an NOI) that is in danger of falling and he will replace it with a white oak. Barbara Brennessel moved to approve the Jurisdictional Opinion, seconded by Michael Fisher. Marty Murphy aye; Ben Fairbank aye; Michael Fisher aye; Barbara Brennessel aye; and Leon Shreves aye; John Cumbler had yet to join the meeting. 5-0.
Jeremy Young representing owner of 30 Briar Lane, removal of one maple tree located at left side of property. He stated that it is threatening the building on the abutting property (Box Lunch). Agent Greenberg-Lemos stated the tree tagged in green and white did not appear to be of danger. Mr. Young stated it is dead and is unstable and could be uprooted. Agent Greenberg-Lemos asked Jeremy where else on the property he would plant a tree for mitigation. The Commission wanted a tree that will reach a comparable bio-mass such as a swamp maple. Jeremy would like to talk with his clients about a swamp maple or other possible planting mitigation. The applicants, Brad Williams and Dan Wexman, stated that the maples in the area already clog up the drain ditch and they stated they are not sure where to plant a new tree. Barbara Brennessel recommended this be continued indefinitely until we get a resolution as to where and what will be the mitigation, seconded by Michael Fisher. Marty Murphy aye; Ben Fairbank aye; Michael Fisher aye; Barbara Brennessel aye; John Cumbler aye; and Leon Shreves aye; 6-0.
107 Samoset Ave, Jeremy Young represented homeowner Robert Barber, who wants to replace a preexisting concrete walkway located on the right side of the property with granite. He stated that the current walkway is a trip hazard and is crumbling. The driveway area is staying the same. Photographs were displayed and Jeremy Young described the proposed work. Some unapproved work was already done on this walkway in June 2021 for the owner’s son’s wedding. Barbara Brennessel recommended an after the fact RDA be filed due to the unauthorized work. The Commission would like a site plan describing the proposed work. Leon Shreves moved to reject the Jurisdictional Opinion; seconded by Barbara Brennessel. Marty Murphy aye; John Cumbler aye; Ben Fairbank aye; Michael Fisher aye; Barbara Brennessel aye; and Leon Shreves aye. 6-0
Ilene McCory and Robert Kuppersten of 30 Aery Lane, remove two pine trees, one damaged by storm, and other hanging over the deck. Agent Greenberg-Lemos made a site visit. The owner will plant native trees as mitigation. Barbara Brennessel moved to approve the Jurisdiction Opinion with the Condition that two native trees be planted; seconded by Michael Fisher. Marty Murphy aye; John Cumbler aye; Ben Fairbank aye; Michael Fisher aye; Barbara Brennessel aye; and Leon Shreves aye. 6-0
Agent Greenberg-Lemos reported the Herring River Restoration application will be submitted shortly. She asked the Commissioners if they wanted paper copies or have it sent to them electronically. Those commissioners who may have conflicts of interest and still want to participate will have to make a Disclosure of Apparent Conflict of Interest statement. Barbara Brennessel and Ben Fairbank will recuse. John Cumbler is an abutter for the second phase but will send the Disclosure of Apparent Conflict of Interest paperwork to the Select Board. Michael Fisher has already submitted this paperwork to the state Ethics Board and the Select Board and will make an official verbal disclosure in order to participate. Commissioners informed Agent Greenberg-Lemos how they would like to receive the application.
Vacation schedules for Commissioners: Cumbler: end of December through 1st of February. Murphy away December 26 through January 29 and Brennessel away all of February, but both can participate if applications are provided electronically. Shreves here, Fisher here, and Fairbank here.
Meeting Minutes: Barbara Brennessel moved to approve the amended October 20, 2021 meeting minutes; seconded by Marty Murphy. Marty Murphy aye; John Cumbler aye; Ben Fairbank aye; Michael Fisher aye; Barbara Brennessel aye; and Leon Shreves aye. 6-0
Chair Leon Shreves moved to adjourn the business meeting at 4:35 pm; seconded by Michael Fisher. Marty Murphy aye; John Cumbler aye; Ben Fairbank aye; Michael Fisher aye; Barbara Brennessel aye; and Leon Shreves aye. 6-0
5:00 Public Hearings
Attendees: Marty Murphy; John Cumbler; Ben Fairbank; Michael Fisher; Barbara Brennessel; and Leon Shreves.
Olney / Donnelly, 479 Black Pond Rd., Map 4, Parcel 38, Certificate of Compliance. The engineer was not available to attend the meeting and requested a continuance. Barbara Brennessel moved to continue to 11/17/21; seconded by Michael Fisher. Marty Murphy aye; John Cumbler aye; Ben Fairbank aye; Michael Fisher aye; Barbara Brennessel aye; and Leon Shreves aye. 6-0
Goldberg / Hirschhorn, 520 Long Pond Rd, Map 16, Parcel 638, NOI, repair existing walkway and stairs providing a handrail, construct 4’ x 8’ seasonal boardwalk at end of existing stairs and removal of diseased pine tree. Cont’d (Form 5) David Lajoie represented the applicant and reviewed the revised construction notes with the Commissioners. The path will have wood chips, the handrail will use 4” x 4” posts attached with a rope, the existing stairs remain as well as the path, one dead tree will be removed, the work limit will include 6” on each side of the path with a 3½ feet wide work area. The Commission thanked David Lajoie for recognizing the sensitivity to the resources. Barbara Brennessel moved to approve the NOI with Conditions; seconded by John Cumbler. Marty Murphy aye; John Cumbler aye; Ben Fairbank aye; Michael Fisher aye; Barbara Brennessel aye; and Leon Shreves aye. 6-0 Barbara Brennessel supervisor. Mr. Goldberg thanked the Commission for the advice on the project.
Baker, 35 Way #60, Map 19, Parcel 16, NOI, renovation and addition to single family dwelling Cont’d (Form 5) The applicant, David Lyttle, did not attend. Barbara Brennessel moved to continue to 11/17/21; seconded by Michael Fisher. Marty Murphy aye; John Cumbler aye; Ben Fairbank aye; Michael Fisher aye; Barbara Brennessel aye; and Leon Shreves aye. 6-0
Letendre, 245 Paine Hollow Rd., Map 29, Parcel 353, RDA, proposal is to construct a two bedroom dwelling, porch, driveway, well, Title 5 Septic, grading and landscaping. Work within the ACEC but is not within other resources or the buffer zone. When the Commission made a site visit, there was no staking. Paul Shay, representing Mr. Letendre, stated there is no impact to the coastal storm area. There are existing roadways and dwellings in the area, between the proposed house and the resource. There is an existing garden area in the back within an upland area. An enhanced septic system is proposed as well. An abutter was concerned with the size of the property (small) and was concerned with the location of the septic system. Agent Greenberg-Lemos stated it will be reviewed by the Board of Health. John Cumbler moved to identify the RDA as a Negative 2; seconded by Barbara Brennessel. Marty Murphy aye; John Cumbler aye; Ben Fairbank aye; Michael Fisher aye; Barbara Brennessel aye; and Leon Shreves aye. 6-0
Danner, 31 Samoset Ave, Map 28, Parcel 119, NOI, demolish existing dwelling and rebuild dwelling, deck, and driveway. A site visit was made by Commissioners. Attorney Ben Zehnder represented the applicant as well as John O’Reilly, Theresa Sprague, Andrew Mitchell, and Peter Hauge. John O’Reilly stated they want to work within the coastal bank and property line, keeping footprint coverage within the 50’ buffer slightly reduced as well as having property setbacks less than what is there now. It will slightly expand the total existing footprint. There will be part of the house on what is a concrete patio for the existing house. There will be a cantilevered deck. Some of the hardscape will be removed and be replaced with planter beds closest to the resources. The septic system has been inspected and it passed the real estate transfer. Ben Fairbank pointed out that there will be an outdoor shower with nitrogen reduction features on the northside. But other than retaining the existing path to the stairway, nothing will be done on the water side. O’Reilly stated there is currently 899 square feet within the 50 foot filter strip and the proposal is for 897 square feet for the new dwelling. The structure is larger in the 50-100 foot buffer zone: there is currently 1,055 square feet of disturbance and the proposed expansion will total 1,242 square feet. The applicant agreed that this entire house would be considered a new construction. The septic system was installed in 2009 for 5 bedrooms: there is a 1,000 gallon septic tank 6 feet deep, 6 feet wide and 12 feet long. Attorney Zehnder stated there is little room to locate the house anywhere else on the property. There was discussion regarding the new construction within the buffer zone, and the expansion of the dwelling where there is decking which will impact the resources. It was noted on the south end there is a rectangular extension, which O’Reilly stated, is a chimney partly within the 50’ buffer zone. Barbara Bennessel requested more in the Construction Notes about demolition of the old house and staging for the newly constructed house. Part of the filing is a planting plan from Blue Flax Design. There will be an open sandy area for seating for views of the water. There were previous cuttings on the property and the plan is to eliminate any new trees. Theresa Sprague of Blue Flax Design stated there is bittersweet and other invasive plants. There would be limited EPA approved herbicide use, applied by hand to individual invasive plants. John Cumbler was concerned with using herbicides because it is close to oyster beds and he recommended putting in an I/A septic system. Theresa stated the herbicide is an approved application for use in wetland resource areas because it does not have any impact on fish or other wildlife. The plants will be cut, and a few drops of herbicide will be placed on them by hand which will only go to the roots and not into the water. Attorney Zehnder stated they will look at the plans again with the Commissioners concerns and requested a continuance to 12/01/21. John Cumbler moved to continue to 12/01/21; seconded by Barbara Brennessel. Marty Murphy aye; John Cumbler aye; Ben Fairbank aye; Michael Fisher aye; Barbara Brennessel aye; and Leon Shreves aye. 6-0
Batybat Realty Trust (Alonso), 90 Ring Road, Map 41, Parcels 96 and 97.1, NOI, construct an extension to a bedroom. David Lajoie represented the applicant. The property is surrounded by wetland and the coastal bank, by definition, ends up near the house. This proposed construction is within the 50’ filter strip. There is an existing bedroom, approximately 9’ x 10’, that they want to enlarge for an older gentleman who uses the bedroom and would like to look at the water. The expansion will be on piers. Michael Fisher stated the total disturbance is already 4,400 square feet. This project would be an additional 300 square feet of disturbance. The Commission is concerned with what is already there within the resources and we do not allow more than 3,000 square feet of disturbance within the resource. Barbara Brennessel stated this proposed construction would be within the 50 foot buffer zone and our bylaws do not permit new construction there. Large pine trees have been cut in front of the house recently without authorization but Lajoie said that he was not aware of it. Lajoie requested a continuation to discuss the recent tree topping and possibly removing decking as mitigation. Barbara Brennessel moved to continue to 11/17/21; seconded Michael Fisher. Marty Murphy aye; John Cumbler aye; Ben Fairbank aye; Michael Fisher aye; Barbara Brennessel aye; and Leon Shreves aye. 6-0
Leon Shreves moved to adjourn at 6:15; seconded by Michael Fisher. Marty Murphy aye; John Cumbler aye; Ben Fairbank aye; Michael Fisher aye; Barbara Brennessel aye; and Leon Shreves aye. 6-0
Respectfully submitted
Christine Bates
Documents:
Olney/Donnelly: Request for Certificate of Compliance
Goldberg/Hirschhorn: revised plans
Baker: Request for continuation
Letendre: RDA application and backup materials
Danner: Notice of Intent and backup materials
Batybat Realty Trust (Alonso) Notice of Intent and backup materials