Approved Conservation Commission Mtg Mins
Approved
Wellfleet Conservation Commission
Meeting Minutes
December 1, 2021
Remote Meeting
Roll Call Attendees: Chair Leon Shreves, Clerk Michael Fisher, Barbara Brennessel, John Cumbler, Marty Murphy, Ben Fairbank, 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
Agent Greenberg-Lemos reported she had received a complaint for 64 Gull Pond Road regarding a driveway project. She will investigate and report back.
Agent Greenberg-Lemos stated a joint meeting with the Town of Truro Conservation Commission regarding the Herring River is currently scheduled for January 12, 2022 at 5:00 pm. The Chair from the Truro Conservation Commission and Chair Leon Shreves will jointly run the meeting. Due to the possibility of not having a quorum of Commissioners who can vote, Agent Greenberg-Lemos will check with the Town Clerk to see if we can have the meeting in January with a follow up meeting in February 2022 to vote. She will report back to the Commission.
Jurisdictional Opinions
Ronald Kielb, 3187 State Hwy, Map 13, Parcel 69, 3 black locust trees (2 fallen and on his deck and 1 leaning close to neighbor). Barbara Brennessel moved to approve the Jurisdictional Opinion; seconded by Michael Fisher. Leon Shreves aye; Barbara Brennessel aye; Marty Murphy aye; Ben Fairbank aye; Michael Fisher aye; and John Cumbler aye. 6-0.
Robin Miller, 16 Way 625, trees have fallen down on the property, 3 trees within jurisdiction, blocking her path. The applicant did not describe how she was going to remove them from the property. Agent Greenberg-Lemos will follow up with the applicant and report back to the Commission.
Meeting Minutes. Marty Murphy moved to approve the amended November 17, 2021 meeting minutes; seconded by Michael Fisher. Leon Shreves aye; Barbara Brennessel aye; Marty Murphy aye; Ben Fairbank aye; Michael Fisher aye; and John Cumbler aye. 6-0.
Barbara Brennessel will attend the joint Shellfish Advisory Board and Select Board meetings on December 9 and 14 about developing a plan for the use of the property purchased by the Town from the HYLTA Trust. This property is within the jurisdiction of the Commission and the Commission should have to approve all new shellfish grants there. Agent Greenberg-Lemos described the process of approving grants. She stated that Commissioners should not participate in this planning by the Shellfish Advisory Board and the Select Board because the Commission will have to rule on future proposals for the use of these wetlands. John Cumbler stated he feels the Commission should be involved in all shellfish grant decisions since they are all within our jurisdiction. Barbara stated she would attend the meeting and remind everyone of the Wetland Regulations.
Agent Greenberg-Lemos has had correspondence with a gentleman who has kept a vessel on the beach for as long as he can remember. Agent Greenberg-Lemos invited him to the December 15, 2021 business portion of the meeting to discuss boats/vessels on the wetlands.
Agent Greenberg-Lemos reported Hallack Hoeland, Trustee, 1440 Chequessett Neck Rd., Map 18, Parcel 7 house has been sold and she is hopeful the new owner will reach out to the Commission. A section of the stairs to the beach there was removed today (12/1/21).
Leon Shreves moved to adjourn the business meeting at 4:30; seconded by Michael Fisher. Leon Shreves aye; Barbara Brennessel aye; Marty Murphy aye; Ben Fairbank aye; Michael Fisher aye; and John Cumbler aye. 6-0.
5:00 Public Hearings
Chair Leon Shreves opened the Public Hearing.
In attendance: Chair Leon Shreves, Clerk Michael Fisher, Marty Murphy, John Cumbler, Barbara Brennessel, and Ben Fairbank.
Gifford, 41 Crest Avenue, Map 35, Parcel 87.2, Request for Extension. Tarja McGrail stated the Order of Conditions would have expired in September 2021 but due to the pandemic, it will now expire the end of December 2021. There is an area where plantings have died off and the applicant would like time to replant. Agent Greenberg-Lemos requested a copy of the original NOI from the Applicant, who agreed to provide it. Leon Shreves moved to extend the Order of Conditions for one year; seconded by Michael Fisher. Leon Shreves aye; Barbara Brennessel aye; Marty Murphy aye; Ben Fairbank aye; Michael Fisher aye; and John Cumbler aye. 6-0.
Gips, 25 Crest Ave, Map 35, Parcel 88, RDA, construct elevated storage shed (form 2). Steven Phillips represented the applicant and stated the 8’ x 10’ shed would be set up on concrete blocks. It is 50’ beyond the bank and is 30’ from the front yard and 5’ from the side boundary. He proposed that no trees will be removed but there will be limb trimming. John Cumbler recommended taking down the small pine tree that will be adjacent to the shed and, in mitigation, plant a tree to replace it elsewhere on the property. Michael Fisher is the supervisor for another project on the property and agreed to supervise this as well. John Cumbler moved to identify the RDA as a Negative 3; seconded by Michael Fisher. Leon Shreves aye; Barbara Brennessel aye; Marty Murphy aye; Ben Fairbank aye; Michael Fisher aye; and John Cumbler aye. 6-0.
Baker, 35 Way #60, Map 19, Parcel 16, NOI, renovation and addition to single family dwelling (Cont’d). John O’Reilly stated that in the revised plan, the stairway was altered to be outside of the 50’ buffer, and calculations for all disturbances were provided to now include the patio, walkways, the wall which was constructed, the existing dwelling, and any site disturbance from previous activity. Also included in the calculation is the proposed addition, deck, and stairway. The Commission appreciated the revised proposal that will do less damage to the environment than the previous one. John Cumbler moved to approve the NOI with the Condition of a 90% planting survival rate; seconded by Leon Shreves. Leon Shreves aye; Barbara Brennessel aye; Marty Murphy aye; Ben Fairbank aye; Michael Fisher aye; and John Cumbler aye. 6-0. Supervisor: John Cumbler
Lt. Island Association, Meadow Ave and Pond Ave, Map 40, several parcels, RDA, road maintenance (form 2) Agent Greenberg-Lemos stated this work is routine maintenance of the main dirt roads and is similar to what has been done in the past. No new materials will be brought in to fix the roads in the low-lying areas but when the road gets rutted at higher elevations (and not within the resource), they will bring in gravel for the roadway. No work can be performed between May 1 and October 15 due to turtle restrictions. Barbara Brennessel identified the RDA as a Negative 3; seconded by Leon Shreves. Leon Shreves aye; Barbara Brennessel aye; Marty Murphy aye; Ben Fairbank aye; Michael Fisher aye; and John Cumbler aye. 6-0.
Baker, 113 Ione Rd., Map 28, Parcel 72, RDA, septic upgrade (form 2) Matt Farrell represented the applicant and gave an overview of the project. There is a failed cesspool. There will also be a new well. Barbara Brennessel stated there is Town authorized money available for an enhanced I/A system which provides a $12,500 subsidy, at the discretion of the Board of Health. Matt Farrell stated he will talk to his client about this possibility, but he stated the Board of Health has already approved the Title 5 system, and Town regulations do not require an I/A system. Barbara Brennessel moved to continue to Dec. 15, 2021; seconded by Leon Shreves. Leon Shreves aye; Barbara Brennessel aye; Marty Murphy aye; Ben Fairbank aye; Michael Fisher aye; and John Cumbler aye. 6-0.
Danner, 31 Samoset Ave, Map 28, Parcel 119, NOI, demolish existing dwelling and rebuild dwelling, deck and driveway Cont’d from 11/03/21 (form 5). Attorney Ben Zehnder and John O’Reilly represented the applicant. The revised plan has changed from the earlier proposal to include a redesigned I/A system, the footpath has been moved further away from the house, the foundation does less damage to the resource, and there is a revised planting plan. John O’Reilly stated there is a reduction in disturbance in the Filter Strip from 899 sq. ft. to 877 sq. ft. Mr. Danner will check into the potential of receiving the $12,500 I/A system subsidy from the Town. John Cumbler moved to approve the NOI with the Condition of a 90% survival rate for the plantings; seconded by Marty Murphy. Barbara Brennessel abstained, Leon Shreves aye; Marty Murphy aye; Ben Fairbank aye; Michael Fisher aye; and John Cumbler aye. 5-0-1. Supervisors: Michael Fisher and Marty Murphy. (copies of the revised plan should be sent to Michael and Marty)
Batybat Realty Trust (Alonso), 90 Ring Road, Map 41, Parcels 96 and 97.1, NOI, construct an extension to a bedroom Cont’d from 11/03/21 (form 5). David Lajoie represented the applicant and stated that in the revised plan, the addition would be located in a disturbed area which is currently native grass. Lajoie stated that there is a well-established coastal bank and there would be no impact to the bank from the construction. The total disturbed area is already much over the legal limit of disturbance. John Cumbler recommended looking at reducing the total area of decking. Lajoie stated that he will redefine what he has calculated as “disturbed” area. The owner has not determined what to do with the trees on the coastal bank which were topped without authorization. At the request of the applicant, Leon Shreves moved to continue to 12/15/21; seconded by Marty Murphy. Leon Shreves aye; Barbara Brennessel aye; Marty Murphy aye; Ben Fairbank aye; Michael Fisher aye; and John Cumbler aye. 6-0.
LaJoie, 60 Sorrett Lane, Map 42, Parcel 87.3, NOI, establish view corridor (form 5). The name of the road as stated in the Agenda was incorrect – it should read Sarrett Lane. Hence the Commission cannot vote on this application until the address is posted correctly. David Lajoie stated they want to remove 6 oak trees, 2 pine trees, and trim 2 pine trees. He proposed 600 sq. ft. of planting as mitigation. Barbara Brennessel recommended planting tree for tree; Barbara identified an area of the lot which is outside of the view corridor and recommended planting in that area which is still in the buffer zone. Lajoie stated he would be happy to plant six trees outside of the buffer zone in addition to the 600 sq. ft. of planting as mitigation. John Cumbler requested 3 hardwood (oaks) and 3 cedar trees. LaJoie agreed to do this. Agent Greenberg read three letters of support for the application from abutters. Leon Shreves moved to continue to 12/15/21; seconded by Michael Fisher. Leon Shreves aye; Barbara Brennessel aye; Marty Murphy aye; Ben Fairbank aye; Michael Fisher aye; and John Cumbler aye. 6-0.
Ward, 825 Chequessett Neck Rd., RDA, Map 19, Parcel 106, replace wood wall with masonry form 2). John Cumbler stated the site plant is inadequate since we require the 50’ and 100’ buffer zones identified, a full description of work to be performed, and a work protocol. Additionally, there were three large trees topped and killed on the coastal bank, without any application or approval to do so. Agent Greenberg-Lemos will get back in touch with the applicant. Leon Shreves moved to continue indefinitely; seconded by Michael Fisher. Leon Shreves aye; Barbara Brennessel aye; Marty Murphy aye; Ben Fairbank aye; Michael Fisher aye; and John Cumbler aye. 6-0.
John Cumbler moved to adjourn at 6:15 pm; seconded by Leon Shreves. Leon Shreves aye; Barbara Brennessel aye; Marty Murphy aye; Ben Fairbank aye; Michael Fisher aye; and John Cumbler aye. 6-0.
Respectfully submitted,
Christine Bates, Committee Secretary
Documents:
Gifford: Request for Extension
Gips: Request for Determination of Applicability and back up materials
Baker: Revised site plan
Lt. Island Association: Request for Determination of Applicability and back up materials
Baker: Request for Determination of applicability and back up materials
Danner: revised site plan
Batybat Realty: Revised plan
Lajoie: Notice of Intent and back up materials
Ward: Request for Determination of Applicability