Approved Conservation Commission Mtg Mins

Approved

 Meeting Minutes

May 4, 2022  

Wellfleet Conservation Commission

4:00 pm

Mail / Discussion

In attendance: Chair Leon Shreves, Clerk Michael Fisher, Barbara Brennessel, John Cumbler, Agent Hillary Greenberg-Lemos, and Christine Bates, Committee Secretary.

Regrets: Martin Murphy and Ben Fairbank

Chair Leon Shreves opened the Business Meeting

Jurisdictional Opinions

Burns, 40 Chipman’s Way, removal of deceased pine tree by coastal bank.  Michael Fisher stated that their property is only nominally within our jurisdiction and that the Commission has granted permission for an extensive NOI for which he is Supervisor, about which they have been very cooperative.  Michael Fisher moved to approve the Jurisdictional Opinion; seconded by John Cumbler.  VOTE:  Barbara Brennessel aye; Leon Shreves aye; John Cumbler aye; and Michael Fisher aye.  4-0

Town of Wellfleet, DPW, 210 Commercial. St., cut down dead locust tree which is endangering neighbor’s shed within the marsh.  Barbara Brennessel moved to approve the Jurisdictional Opinion; seconded by Michael Fisher.  VOTE:  Barbara Brennessel aye; Leon Shreves aye; John Cumbler aye; and Michael Fisher aye.  4-0

Town of Wellfleet, DPW, 0 Wigwam, cut down the rest of a tree that fell over during a previous storm and leave the pieces in place.  Leon Shreves moved to approve the Jurisdictional Opinion; seconded by Michael Fisher.  VOTE:  Barbara Brennessel aye; Leon Shreves aye; John Cumbler aye; and Michael Fisher aye.  4-0

Curley, 295 Pilgrim Spring Rd, install a 3 foot by 4 foot pad for generator (60 feet from top of bank, 75 feet from edge of marsh); replace the front steps with exact replacement (45 feet from top of bank and 66 to 70 feet from the edge of the marsh), and remove overgrown foundation plants.  Barbara Brennessel this is too much work for a Jurisdictional Opinion and recommended Curley file an RDA.  The Commission needs to know what mitigation in planting will occur. The Commission unanimously concurred.

Business

Agent Greenberg-Lemos reported there were some enforcement letters mailed:

1) to owners of a property on Cat Boat Road (brush pile up).  The owners stated that they were going to build a berm for erosion and did not realize this work required a permit.  An application will be filed.

2)  for tree cutting projects near the Spar and Kandell properties off Bay View Ave.  The owners say that they were not aware they were required to file paperwork.  Agent Greenberg-Lemos has been in correspondence with them about filing the appropriate applications. 

Meeting Minutes

Leon Shreves moved to approve the amended March 16, 2022 Meeting Minutes; seconded by Michael Fisher.  VOTE:  Leon Shreves aye; Michael Fisher aye; John Cumbler aye; and Barbara Brennessel aye.  4-0

Leon Shreves moved to approve the amended April 6, 2022 Meeting Minutes; seconded by Michael Fisher.  VOTE:  Leon Shreves aye; Michael Fisher aye; John Cumbler aye; and Barbara Brennessel aye. 

4-0.

Barbara Brennessel moved to adjourn the business meeting at 4:40 pm; seconded by Michael Fisher.  VOTE:  Leon Shreves aye; Barbara Brennessel aye; Michael Fisher aye; and John Cumbler aye.   4-0.

5:00 - Public Hearings:

Attendees: Leon Shreves, Barbara Brennessel, Ben Fairbank, John Cumbler, Michael Fisher, Martin Murphy, Agent Hillary Greenberg-Lemos and Christine Bates, Committee Secretary. 

Chairman Shreves opened the Public Hearing

Town of Wellfleet and Cape Cod National Seashore:

575 Old Chequessett Neck Rd, Map 19 Parcel 6; 1000 Old County Rd., Map 2, Parcel 3; 360 Cole’s Neck Rd, Map 7, Parcel 27; 370 Coles Neck Rd, Map 7, Parcel 28; 0 Cole’s Neck Rd, Map 7, Parcel 48; 0 Bound Brook Island Rd, Map 7, Parcel 49; 0 Bound Brook Island Rd, Map 7, Parcel 50; 0 Bound Brook Island Rd, Map 7, Parcel 51; 0 Cole’s Neck Rd, Map 7, Parcel 51-1; 0 Bound Brook Island Rd, Map 7, Parcel 52; 0 Bound Brook Island Rd, Map 7, Parcel 53; 0 Pole Dike Rd, Map 7, Parcel 54; 339 Cole’s Neck Rd, Map 7, Parcel 56-1; 0 Cole’s Neck Rd, Map 7, Parcel 62; 0 Cole’s Neck Rd, Parcel 7, Parcel 63; 0 Pole Dike Rd, Map 7, Parcel 65; 1136 Brown’s Neck Rd, Map 7, Parcel 69; 0 Pole Dike Rd, Map 7, Parcel 76; 1200 Bound Brook Island Rd, Map 7, Parcel 602; 730 Bound Brook Island Rd, Map 6, Parcel 4; 695 Bound Brook Island Rd, Map 6, Parcel 6; 145 Pole Dike Rd., Map 12, Parcel 224; 25 Way #672, Map 12, Parcel 235; 27 Way #672, Parcel 12, Parcel 235-1; 680 Chequessett Neck Rd., Map 19, Parcel 81-0; 133 Old County Rd, Map 59, Parcel 66 (Truro); 125 A Old County Rd, Map 59, Parcel 108 (Truro).  Various federally-owned parcels within the Cape Cod National Seashore are shown on plans. Ecological Restoration Limited Project to restore native tidal wetland habitat to large portions of the Herring River floodplain in and adjacent to the Seashore, by removing man-made tidal restrictions (including removal and replacement of the Chequessett Neck Road dike with a bridge and sluice gates) and re-establishing tidal exchange in the river basin and connected sub-basins.

John Cumbler gave an statement of apparent conflict of interest in phases of the project after Phase 1, so this will not affect his ability to participate as a member of the Commission in the current hearing on Phase 1; this has been approved by the Commonwealth Ethics Commission and the Wellfleet Selectboard; Barbara Brennessel recused from this meeting as a voting member due to a conflict of interest; Michael Fisher gave a statement of apparent conflict of interest and also stated that this would not affect his ability to participate as a member of the Commission; this has been approved by the Commonwealth Ethics Commission and the Wellfleet Selectboard; Benjamin Fairbank gave a statement of apparent conflict of interest and also stated that this would not affect his ability to participate as a member of the Commission; this has been approved by the Wellfleet Selectboard.

Carole Ridley recapped the April 14, 2022 meeting highlights. 

Michael Fisher asked about the Draft Order of Conditions Findings, p. 5, Paragraph 6 (i) which states “The work at CYCC will also include excavation of one upland hole, which will provide fill for the golf course and off site road elevation work.”  He wanted to make sure that any sand mining excavation that is within the Commission’s jurisdiction will need our specific approval.  Martha Craig stated that the area intended for sand mining is near golf hole 2 and extends toward property owned by the Wellfleet Conservation Trust, but is not within the Commission’s jurisdiction. 

The following Herring River Restoration Project, Draft Order of Conditions Findings were reviewed in detail and read into the Minutes at the meeting (and are available in full for review at the Conservation Office).  Following are the headings of the Findings:

 History of Anthropogenic Influences Leading to Existing Degraded Conditions.

Project Description

Proposed Project Elements

Project Restoration Objectives and Implementation

Project Impacts and Restoration of Wetlands

Wildlife and Plant Habitat

Groundwater and Stormwater

Permitting History and Procedural Background

The Project Satisfies the Standards of the State Wetlands Protection Act, the Wellfleet Environmental Protection Bylaws and the Wellfleet Environmental Protection Regulations

John Cumbler moved approval of the Findings of Fact; seconded by Leon Shreves.  VOTE:  John Cumbler aye; Leon Shreves aye; Ben Fairbank aye; Michael Fisher aye; Martin Murphy aye; and Barbara Brennessel abstaining.   5-0-1.

Leon Shreves moved that based on the Findings of Fact, this project meets the definition of Ecological Restoration Limited Project and moved to discuss / determine the Order of Conditions at the June 14, 2022 Business Meeting of the Wellfleet Conservation Commission; seconded by John Cumbler.  Ben Fairbank aye; Michael Fisher aye; Leon Shreves aye; John Cumbler aye; Martin Murphy aye; and Barbara Brennessel abstaining. 5-0-1.

Leon Shreves moved to close the Herring River Restoration hearing; seconded by John Cumbler.  Ben Fairbank aye; Michael Fisher aye; Leon Shreves aye; John Cumbler aye; Martin Murphy aye; and Barbara Brennessel abstaining.  5-0-1

Games, 145 Way 657 or Thoreau Way, Map 4, Parcel 17, RDA, trim invasives in wetland near pond, remove three small chokecherry trees.  Deborah Games reviewed the proposed project and stated that by eliminating the invasives, it would reduce mosquitoes in the area.  This would also allow native plants to thrive.  She stated that they would plant 3 to 5 blueberries near the dock for mitigation.  She was quite emphatic about getting the work completed before this summer.  Ms. Games stated that there has always been a problem with mosquitoes and the Virginia creeper has grown so tall they can’t see the pond.  Jeremy Young was hired to do the work.  No site or planting plan was provided with the application.  Agent Greenberg-Lemos stated that all the work is within the wetland.  Chokecherry and Virginia creeper are not invasives.  There was discussion regarding the dock and Ms. Games stated that the dock, although not permitted, hasn’t been replaced in over 20 years.  She stated that this would be the first trees taken down on purpose.  Agent Greenberg-Lemos had earlier suggested that Ms. Games reach out to the State Mosquito Control unit, which she had not done.  Further discussion took place regarding the cutting and the Commission expressed concern that chokecherry trees grow in marshy areas which supplies food for birds and other species and Virginiana creeper is native and is a pollinator.  Leon Shreves stated that this is an area that support hundreds of animal and insect species.  With the applicant’s approval, Leon Shreves moved to continue to May 18, 2022; seconded by John Cumbler.  VOTE: John Cumbler aye; Barbara Brennessel aye; Ben Fairbank aye; Michael Fisher aye; Leon Shreves aye; Martin Murphy aye; and Barbara Brennessel aye.  6-0. 

Murphy  Loagy Bay area, RDA, shell fishing.  Mr. Murphy requested a continuation to May 18, 2022.    Leon Shreves moved to continue to May 18, 2022; seconded by Michael Fisher.    VOTE:  John Cumbler aye; Ben Fairbank aye; Michael Fisher aye; Leon Shreves aye; Martin Murphy aye; and Barbara Brennessel aye.  6-0.

Valli, 50 Alves Rd., Map 15, Parcel 139, RDA, 84 sq. ft. deck addition.  Leif Valli provided an overview of the project: they are looking to put a small addition to the existing deck for the children.  Diamond pier posts will be used for support.  The disturbed area within the 100-foot buffer was not identified on the plan.  No site plan or mitigation plan was provided.  It was noted there is an outside shower which requires a dry well system with wood chips for nitrogen removal.  Agent Greenberg-Lemos stated that the construction appears to be 84 feet from the wetland.  Leon Shreves identified the project as a Negative 3 and moved to approve with the condition that there be a dry well system with wood chips for the outdoor shower along with providing a site plan to identify the total area of disturbance; seconded by Michael Fisher.   VOTE:  John Cumbler aye; Ben Fairbank aye; Michael Fisher aye; Leon Shreves aye; Martin Murphy aye; and Barbara Brennessel aye.  6-0 

Rusk, 20 Cove View Rd., Map 25, Parcel 32, RDA, Cleared 25’ x 100’ invasive black locust, weeds/shrubs, added 32 yds clay hardening and 56 yds ABC hardening and grading.  This is an after the fact filing.  Agent Greenberg-Lemos stated that a violation letter was sent to the Rusks.  They were unaware their property was in the ACEC.  She stated that the Rusks have been helpful and filled out the forms.  Mr. Rusk stated that he had been removing the black locust for several years and was advised to add hardeners to the area, allowing him to put his boat into the area.  Agent Greenberg-Lemos will work with the Rusks on a mitigation planting plan.  Barbara Brennessel identified the RDA as a Negative 2 with the promise they will work with the Conservation Agent on mitigation planting; seconded by Leon Shreves.  VOTE:  John Cumbler aye; Ben Fairbank aye; Michael Fisher aye; Leon Shreves aye; Martin Murphy aye; and Barbara Brennessel aye.   6-0.   

Carpenter /Babington, 126 2nd St., Map 40, Parcel 99, RDA, replace existing deck on lower level.  Chris Dio, contractor, stated that they are replacing rotted sections of the deck, not replacing the entire deck.  He provided photographs and described the type of construction he will do to support the deck.  Concrete footings are required for the support.  There is no live vegetation under the deck.  The drainpipe, going into the wetlands comes from a sink in the utility room, needs to be replumbed or removed.  The outdoor shower also requires a drywell with wood chips for nitrogen removal.  Barbara Brennessel identified the RDA as a Negative 3 with the condition the sink be replumbed or removed and there be a drywell with wood chips for nitrogen removal installed under the outdoor shower; seconded by John Cumbler. VOTE:  John Cumbler aye; Ben Fairbank aye; Michael Fisher aye; Leon Shreves aye; Martin Murphy aye; and Barbara Brennessel aye. 6-0.

Letendre, 135 & 137 Paine Hollow Rd., NOI, additions / renovations at 135 Paine Hollow with construction of grill pavilion, & removal and replacement of swimming pool.  Removal of invasives and restore with native species on 137 Paine Hollow Rd.  Stephanie Sequin represented the application as well as landscaper Theresa Sprague.  Ms. Sequin provided the history of the property and stated that a screened porch will be added.  A new pool, patio, and grill pavilion will be constructed.  No new structures will be within the 50’ buffer and there will be a net increase in the 100-foot buffer zone of over 2,800 sq. ft. of building, landscaping, and pool.  There will total over 6,000 sq. ft. of disturbance proposed within the 100’ buffer zone, but outside of the 50’ filter strip.  The only portion within the 50’ buffer zone is part of the abutter’s road/driveway.  Blue Flax Design will remove the invasives and plant with natives.  The lawn that surrounds the building and runs to the driveway will be removed and native plantings will replace it.  An enhanced I/A septic system outside of the buffer zone will be installed.  Ms. Sprague stated that the house has been located there since the 1800s.  The pool patio would be pervious.  Mr. Letendre stated that he would be willing to put in gutters for roof run off.  There is a road that provides access to abutters which has been there for over 150 years.  Ms. Sequin stated that the road was calculated in the area of the disturbance on the property.  There was discussion about how the project could be scaled back and Mr. Letendre stated that he would be willing to relocate the grill pavilion outside the buffer zone.  Ms. Sprague stated that after the invasives are removed there will be over 8,000 square feet of native vegetation plantings.  If any slopes are exposed they will be seeded, with significant improvement to the resource area.  A 95% survival rate is expected.  John Cumbler questioned if the replanting with all the removal of current vegetation will be harmful to the habitat. Ms. Sprague stated that bittersweet is taking over the area which is harmful to trees and other plants.  Mr. Letendre will provide a dry well with wood chips for the proposed outside shower.  If the pavilion is relocated, they end up with 5,318 sq. ft. of disturbed area in the 100-foot buffer zone (not counting the driveway).  John Cumbler moved to approve the NOI with the Conditions that the grill pavilion be removed out of the buffer zone, that pervious stones will be used for the pool patio, and that an enhanced I/A septic will be installed.  Seconded by Michael Fisher.  A revised site plan will be provided identifying a dry well outside the buffer zone for the pool drainage.  VOTE:  John Cumbler aye; Ben Fairbank aye; Michael Fisher aye; Leon Shreves aye; Martin Murphy aye; and Barbara Brennessel recused.  5-0-1   Supervisor:  Leon Shreves.

Martin Murphy left the meeting.

Weisman / Dorman, 100 Fox Island Rd., Map 28, Parcel 228, RDA, replace well serving existing dwelling, abandoning an existing cesspool and install a new sewer.  Laura Schofield represented the applicant and provided the history of the dwelling.  The current cesspool is within the 50’ filter strip.  The buffer zone of the salt marsh, the ACEC, and area of coastal flooding overlap the property.  This is a voluntary Title V septic upgrade and will be located outside of the 100’ Buffer Zone.  A new well is also proposed.  The old well will be abandoned as well as the cesspool.  This is a seasonal dwelling with no heat and the house is drained and shut down during the winter months.  John Cumbler recommended an enhanced I/A system. Ms. Scofield stated that she didn’t feel this property could legally take advantage of the Town’s financial subsidy.  She stated that to use electricity for the system during the winter months seems inappropriate.  She asked if there could be a Condition placed on the property if it were to become a year-round dwelling, then an enhanced I/A septic system would be applied for.  John Cumbler identified the RDA as a Negative 3 with that Condition; seconded by Barbara Brennessel.  VOTE:  John Cumbler aye; Ben Fairbank aye; Leon Shreves aye; and Barbara Brennessel aye; Michael Fisher recused. 4-0-1.             

Foley, 10 Irene’s Way, Map 42, Parcel 24, RDA, add 10’ x 24’ deck to north side of house using four diamond pier footings.  Mr. Foley stated that there is a slight jog in the wetland, so the steps are outside of the 50’ buffer zone.  Barbara Brennessel moved to identify the RDA as a Negative 3 and requested the total disturbance on the property be provided for the file; seconded by Ben Fairbank.  VOTE:  John Cumbler aye; Ben Fairbank aye; Michael Fisher aye; Leon Shreves aye; and Barbara Brennessel aye.  5-0. 

Solomon, 40 Riverview Rd., Map 7, Parcel 57, RDA, Install a 10’ x 16’ screen porch within existing footprint of the side deck.  Wesley Price represented the applicant and provided an overview of the project.  The concrete retaining wall and the current pillars on it will remain; additional helical piers will be used for supporting the proposed screen porch.  Mr. Price stated that the roof line will be over the deck.  The overall deck is approximately 400 sq. ft.  He stated that there are no gutters on the current house.  Further discussion took place regarding new construction, gutters, and drip lines.  The Commission requested a dry well with wood chips be installed under the outdoor shower.  Leon Shreves moved to identify the RDA as a Negative 3, with the Conditions that a dry well for the shower be installed and gravel put under the deck to disperse the roof runoff.  Seconded by Michael Fisher.  VOTE:  Leon Shreves aye; Michael Fisher aye; Barbara Brennessel aye; John Cumbler aye; and Ben Fairbank aye.  5-0. 

Caviness, 360 Cove Rd., Map 28, Parcel 24, NOI, Construct a workshop addition, elevated swimming pool, deck and patio and mitigation plantings.  At the request of the applicant Barbara Brennessel moved to continue to 5/18/22; seconded by John Cumbler.  VOTE:  John Cumbler aye; Ben Fairbank aye; Michael Fisher aye; Leon Shreves aye; and Barbara Brennessel aye.  5-0

Leon Shreves moved to adjourn at 9:00 pm; seconded by John Cumbler.   VOTE:  John Cumbler aye; Ben Fairbank aye; Michael Fisher aye; Leon Shreves aye; and Barbara Brennessel aye.  Passed 5-0

Respectfully submitted,

Christine Bates, Committee Secretary

Documents

Burns – Request for Jurisdictional Opinion

Town of Wellfleet – Request for Jurisdictional Opinion

Town of Wellfleet – Request for Jurisdictional Opinion

Curley – request for Jurisdictional Opinion

Town of Wellfleet and Cape Cod National Seashore:  Notice of Intent and back up material

(Herring River Restoration project)

Games:  Request for Determination of Applicability

Murphy:  Request for Determination of Applicability

Valli:  Request for Determination of Applicability

Rusk:  Request for Determination of Applicability

Carpenter / Babington:  Request for Determination of Applicability

Lettendre:  Notice of Intent with back up materials

Weisman / Dorman:  Request for Determination of Applicability

Foley:  Request for Determination of Applicability

Solomon:  Request for Determination of Applicability

Caviness:  Notice of Intent with back up materials