Approved Conservation Commission Mtg Mins

Meeting date:

Wednesday, February 2, 2022

Approved

Conservation Commission

Meeting Minutes

February 2, 2022

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

Herring River: Agent Greenberg-Lemos questioned if Ben Fairbank and John Cumbler had filed apparent conflict of interest disclosures with the Town and both had. Barbara Brennessel will not be participating in the Herring River application review. Agent Greenberg-Lemos stated the application had not been filed yet. She anticipates the first meeting will be in March, jointly with the Truro Conservation Commission. Leon Shreves will serve as Chair for the meeting. Site visit will be the day of the hearing, jointly with Truro Conservation Commission. A continuation will be requested so each town Conservation Commission can then vote on their portion of the application.

Jurisdictional Opinions:

460 School House Road, Map 4/ Parcel 34, a tree fell during the storm and the owners would like to cut it up without much disturbance. After reviewing a photograph of the tree, Barbara Brennessel moved to approve the Jurisdictional Opinion with the condition a native tree will be planted; seconded by Michael Fisher. VOTE: Michael Fisher aye; Ben Fairbank aye; Marty Murphy aye; Leon Shreves aye; and Barbara Brennessel aye. 5-0.

Meeting Minutes

Marty Murphy moved to approve the amended January 19, 2022 meeting minutes; seconded by Leon Shreves. VOTE: Michael Fisher aye; Ben Fairbank aye; Marty Murphy aye; Leon Shreves aye; and Barbara Brennessel aye. 5-0.

Agent Greenberg-Lemos stated that the Shellfish Advisory Committee would like to have a joint discussion with the Commission regarding sand nourishment. Barbara Brennessel stated she feels we should have a consistent policy. She stated the wild clams stay in the water year-round and can move upward through sand, but if they are in cages, they might not survive a layer of sand above them. She believes that when sand renourishment is required as a Condition, rather than a single larger application, it would be good to have multiple applications of the sand, perhaps in October and then again in January. This practice, however, would be more expensive for the homeowners. Barbara Brennessel also pointed out we have to keep rising sea levels in consideration.

Agent Greenberg Lemos stated scouring is happening at 1440 Chequessett Neck Road. She will contact Greg Berman or hire someone to inspect and provide the Commission with an assessment of what is going on at this location, including flank or end scouring. The soft structure may not be working as well as anticipated. Barbara Brennessel noted that the erosion is bad at the ends and that the bank of the abutter to the north is losing sand. Agent Greenberg-Lemos will check with Town Counsel to see if there are any issues with having this examined.

Agent Greenberg-Lemos reported her assistant, Meredith Bellinger, and the AmeriCorps staff person, Audrey Healey, are identifying passages for the herring up the Herring River. Barbara Brennessel stated she had been given the responsibility for this project. She is wondering what the procedure is for her to go on property and look for areas to be affected. Agent Greenberg-Lemos will check in the files of the properties along the Herring River and she will send an e-mail to the National Seashore to notify them about those inspections.

Leon Shreves moved to adjourn the business meeting at 4:20 pm; seconded by Barbara Brennessel. VOTE: Michael Fisher aye; Ben Fairbank aye; Marty Murphy aye; Leon Shreves aye; and Barbara Brennessel aye. 5-0.

5:00 - Public Hearings:

Attendees: Chair Leon Shreves, Clerk Michael Fisher, Barbara Brennessel, Ben Fairbank, Marty Murphy.

Thompson / Romano, 5 Holbrook Ave, Map 21, Paracel 105: Request for a 2- year extension. At the beginning of the public hearings, there was no representation. Leon Shreves moved to continue indefinitely; seconded by Marty Murphy. VOTE: Michael Fisher aye; Ben Fairbank aye; Marty Murphy aye; Leon Shreves aye; and Barbara Brennessel aye. 5-0. Mr. Thompson joined the meeting later and explained the original Order of Conditions was issued on June 7, 2017, and it has expired. He stated the contractor did not finish the construction and there are also ongoing legal and financial issues. He is looking for another contractor now. Barbara Brennessel moved to grant a two-year extension; seconded by Marty Murphy. VOTE: Michael Fisher aye; Ben Fairbank aye; Marty Murphy aye; Leon Shreves aye; and Barbara Brennessel aye. 5-0.

Coates, 10 1st Ave, Map 30, Parcel 120, RDA, add a studio above garage. The parcel was not identified correctly in the legal notice or on the Town website. It should be identified as Parcel 120 not Parcel 30 as the applicant had written. Barbara Brennessel stated she will not be at the next meeting and recommended we wait before discussing this application. Leon Shreves moved to continue to 2/16/22; seconded by Michael Fisher VOTE: Michael Fisher aye; Ben Fairbank aye; Marty Murphy aye; Leon Shreves aye; and Barbara Brennessel aye. 5-0.

Batybat Realty Trust (Alonso), 90 Ring Road, Map 41, Parcels 96 and 97.1, NOI, construct an extension to a bedroom Cont’d (form 5). David Lajoie represented the applicant and identified what the Commission had requested previously. He presented a revised site plan which identified the 4 sonotubes to be used for the decking, with no foundation. The piling will be installed by hand. Lajoie stated this is a stable coastal bank. He stated 4 trees on the coastal bank were topped at some time and the owner would like to remove those 4 dead trees and replace them with 4 eastern cedar trees or equivalent, as marked on the planting plan. Lajoie stated further mitigation for the addition would include 6 areas: The deck would be slightly reduced in size, with a structural limitation on further reduction due to sliders and doors. They will remove the concrete steps on the easterly side of the building, modify the existing driveway by removing pavers within the filter strip, add additional plantings of 800 sq. ft. of revegetation on the south side of the building. He added up the square feet of the deck and provided all the mitigation square footage. An I/A septic system will also be installed. There is a small area in the Ring Road footprint that can be used for a reduced size parking/driveway. He claimed that there will be a total of 4,044 sq. ft. of disturbance and the Commission wants that number identified on the site plan. It was recommended there be a nominal fine of $200 for the unauthorized tree cutting. Leon Shreves moved to approve the NOI with Conditions that include an I/A septic system, the square footage of disturbance will be identified on site plan, no parking will take place in the planted driveway, and a fine of $200 will be issued; seconded by Michael Fisher. VOTE: Michael Fisher aye; Ben Fairbank aye; Marty Murphy aye; Leon Shreves aye; and Barbara Brennessel nay. 4-1

Kleeman, 170 Bayberry Lane, Map 41, Parcel 121, NOI, construct new dwelling. A site visit was made by the Commission. John O’Reilly and Theresa Sprague represented the applicant. O’Reilly stated Ms. Kleeman is still in the process of purchasing the property. He stated the solar portion of the application, including clearing of trees to improve solar production, will be removed from the application at this time. A planting plan was described by Ms. Sprague including oak trees and pitch trees will be removed for house construction. Additional oak trees will be planted to the eastern side of the property plus a total of 133 shrubs and 417 ground cover plants will be planted. They will have a shell or gravel area of 230 sq ft. Ms. Kleeman has not received information about the solar installation and will file either an Amendment to the Conditions or a new NOI for that in future. An advanced Nitro septic treatment system will be installed. The well is already installed and a trench for the water line would be within the 50’ buffer zone, but this will be as small a disturbance as is possible. All other work is within the 100’ buffer zone. Theresa Corcoran, an abutter, sent an email stating she wished the tree removal for solar could be held off until after information is received regarding solar installation. The Commission accepted the owner’s amendment to the NOI in order delete the removal of the trees for solar installation. The total area of disturbance is required to be added to the plan. Leon Shreves moved to approve the NOI; seconded by Marty Murphy. VOTE: Michael Fisher recused; Ben Fairbank aye; Marty Murphy aye; Leon Shreves aye; and Barbara Brennessel aye. 4-0-1 Supervisor: Leon Shreves

Mordacai, 374 King Phillip Rd., Map 35, Parcel 182, NOI, Install a living shoreline (Cont’d). The applicant’s representative requested a continuation to 02/16/22. Leon Shreves moved to continue to 2/16/22; seconded by Marty Murphy. VOTE: Marty Murphy aye; Ben Fairbank aye; Michael Fisher aye; Leon Shreves aye; and Barbara Brennessel aye. 5-0.

Ward, 825 Chequessett Neck Rd., Map 19, Parcel 106, RDA, consolidate existing walk-in Section A from 3 walls to 2 walls. Move wall in Section B. Reinstall existing brick patio and walkway. Replace timber steps. Tyler Hale from Cape Cod Tile Works represented the applicant and stated they will plant 3 additional trees as mitigation, and he identified the location of the silt fence. There are three unauthorized topped trees on the coastal bank. They are large and dead. Barbara Brennessel stated they should stay for habitat. The proposed project is not adding to what is already a disturbed area, and is limited to replacing, fixing, or repairing. Tyler Hale will supply the total amount of disturbance to the Commission and put it on the site plan. Three red cedars will be planted and a fine of $200 for the unauthorized cuttings will be levied. Leon Shreves identified the RDA as a Negative 2; seconded Barbara Brennessel. VOTE: Michael Fisher recused; Ben Fairbank aye; Marty Murphy aye; Leon Shreves aye; and Barbara Brennessel aye. 4-0-1.

Fang, 500 Lt. Island Rd., Map 41, Parcel 82, RDA, replace deck. Tyler Hale represented the applicant and stated the current deck is within the 100-foot buffer zone and is rotting. The deck will be extended an additional 20” and be cantilevered. Trees have been cut between the wetlands and the deck, and it appeared some additional trees would have to be removed at the edge of the deck. Mr. Hale stated he believes the trees will not be cut due to the extension of the deck. The Commission was assured that the new owner would not do any further unauthorized cutting of trees. Barbara Brennessel identified the RDA as a Negative 3; seconded by Leon Shreves. VOTE: Michael Fisher recused; Ben Fairbank aye; Marty Murphy aye; Leon Shreves aye; and Barbara Brennessel aye. 4-0-1.

Marty Murphy moved to adjourn the Public Hearing at 6:00; seconded by Michael Fisher. VOTE: Michael Fisher aye; Ben Fairbank aye; Marty Murphy aye; Leon Shreves aye; and Barbara Brennessel aye. 5-0.

Respectfully submitted,

Christine Bates

Documents:

Thompson /Romano: Request for 2-ear extension

Coates: Request for Determination of Applicability and back up material

Batybat Realty Trust: Notice of Intent and back up materials

Kleeman: Notice of Intent and back up materials

Mordecai: Request for a Continuation

Ward: Request for Determination of Applicability and back up material

Fang: Request for Determination of Applicability and back up material