Approved Conservation Commission Mtg Mins
Approved
Conservation Commission
Meeting Minutes
May 18, 2022
Remote Meeting
Attendees: Chair Leon Shreves, Clerk Michael Fisher, Barbara Brennessel, Ben Fairbank, Marty Murphy, John Cumbler, Agent Hillary Greenberg-Lemos, and Christine Bates, Committee Secretary.
4:00 pm Business Meeting
Chair Shreves opened the Business Meeting.
Herring River: Order of Conditions Review
The Commissioners reviewed the draft Order of Conditions (attached). The work will take approximately 3 years but can be extended to 5 years. Chair Shreves stated that the Commission has the right to go on site visits to all properties involved. If there are any changes, it will come back to all the agencies/partners of the Herring River project. The Commissioners have reviewed the draft Conditions and agree that it is in good order. Leon Shreves moved to approve the conditions; seconded by Marty Murphy. VOTE: Leon Shreves aye; Barbara Brennessel recused; John Cumbler disclosed an apparent possible conflict of interest with Phase 2 of the project but not Phase I, stated that this disclosure has been approved by the Commonwealth Ethics Commission and the Wellfleet Selectboard, and stated that he can act objectively on this application, aye; Ben Fairbank disclosed an apparent possible conflict of interest, stated that this disclosure has been approved by the Wellfleet Selectboard, and stated that he can act objectively on this application, aye; Marty Murphy aye; and Michael Fisher disclosed an apparent possible conflict of interest, stated that this disclosure has been approved by the Commonwealth Ethics Commission and the Wellfleet Selectboard, and stated that he can act objectively on this application, aye. 5-0-1.
NRAB – Harbor Survey proposal: John Duane reviewed the project and stated that the last survey of the harbor was the Curley Report in 1972. The NRAB wants to survey the current fish, shellfish, the flora, and state of the harbor, with future surveys performed regularly in order to detect changes over the years. He stated that they have not chosen the firm/company to do the survey yet. This will be a Warrant article in the upcoming Town Meeting, and NRAB is requesting support from the Commission. According to Mr. Duane, this will cost approximately $60,000. Barbara Brennessel stated that there is interest and framework for seasonal surveys. She doesn’t think that we should be concerned with the cost at this point, but should vote to support the concept of the project. Agent Hillary Greenberg stated that the NRAB has done research on how much this will cost. John Cumbler stated that this surveying is very important due to climate change, the increasing acidity of the ocean, and the sea level rise. Barbara Brennessel stated that the Curley report is the baseline of 1972 and that things have changed a lot over the years. Helen Miranda Wilson stated that it is important to get this Warrant article passed as soon as possible, because next year, things will change dramatically. John Cumbler moved to support this Warrant article item; seconded by Barbara Brennessel. VOTE: Leon Shreves aye; Michael Fisher aye; Ben Fairbank aye; Barbara Brennessel aye; Marty Murphy aye; and John Cumbler aye. 6-0
OSG, Land Transfer, Map 30, Parcel 186 and Map 42, Parcel 137 Bruce Herter of the Open Space Committee stated that this Warrant article was supported by the Commission twice previously, but was postponed at the last Town Meeting due to the Planning Board needing to review the transfer. The Planning Board has now approved this transfer and the article will now again be on the Warrant. The two parcels, Map 30, Parcel 186 and Map 42, Parcel 137, are both wetlands. Maps were displayed identifying the properties. Barbara Brennessel moved to accept the transfer; seconded by John Cumbler. VOTE: Leon Shreves aye, Barbara Brennessel aye; John Cumbler aye; Ben Fairbank aye; and Michael Fisher disclosed an apparent possible conflict of interest, stated that this disclosure has been approved by the Commonwealth Ethics Commission and the Wellfleet Selectboard, and stated that he can act objectively on this application, aye; and Marty Murphy aye. 6-0.
Mail / Discussion
Jurisdictional Opinions
Phyllis Goldman 266 King Phillip Rd, Map 34, parcel 8, remove 2 trees in the buffer zone. Agent Greenberg-Lemos stated that there are 2 pine trees at the coastal bank which could fall during high winds, and she recommends they be cut to the stump and be removed. Barbara Brennessel moved to approve the Jurisdictional Opinion; seconded by Ben Fairbank. VOTE: Leon Shreves aye; Barbara Brennessel aye; John Cumbler aye; Ben Fairbank aye; Michael Fisher aye; and Marty Murphy, aye. 6-0.
James Kearing, 160 Fresh Brook Lane, Map 42, Parcel 16, remove 4 pine trees which are posing a danger to their home. The insurance company has insisted the trees come down and the owners are willing to plant smaller native trees as mitigation. John Cumbler stated that some insurance companies are forcing some tree removals. Agent Greenberg-Lemos stated that the trees are in jeopardy of damaging the house. The Commission requested mitigation of planting of a new native tree for each tree removed. Leon Shreves moved to approve the Jurisdictional Opinion; seconded by Barbara Brennessel. VOTE: Leon Shreves aye; Barbara Brennessel aye; John Cumbler aye; Ben Fairbank aye; Michael Fisher aye; and Marty Murphy aye. 6-0.
Minutes
Marty Murphy moved to approve the amended 4/14/22 meeting minutes; seconded Barbara Brennessel. VOTE: Leon Shreves aye; Barbara Brennessel aye; John Cumbler aye; Ben Fairbank aye; Michael Fisher aye; and Marty Murphy aye. 6-0
Barbara Brennessel moved to approve the amended 5/4/22 meeting minutes; seconded by Marty Murphy. VOTE: Leon Shreves aye; Barbara Brennessel aye; John Cumbler aye; Ben Fairbank aye; Michael Fisher aye; and Marty Murphy aye. 6-0.
Leon Shreves moved to adjourn the Business Meeting at 4:50 pm; seconded by Michael Fisher. VOTE: Leon Shreves aye; Barbara Brennessel aye; John Cumbler aye; Ben Fairbank aye; Michael Fisher aye; and Marty Murphy aye. 6-0.
5:00 pm Public Hearings:
Chair Shreves opened the Public Hearing.
Cohn, 135 Pine Point Rd., Map 21, Parcel 54, Certificate of Compliance. The design engineer did not provide information about what was completed. Michael Fisher provided previous meeting minutes as well as pointing out the parcel number should be 54 not 55 (as stated in the official agenda). David Lyttle stated that he will get the appropriate information regarding the work performed. Leon Shreves moved to continue to 6/1/22, seconded by Barbara Brennessel. VOTE: Leon Shreves aye; Barbara Brennessel aye; John Cumbler aye; Ben Fairbank aye; Michael Fisher aye; and Marty Murphy aye. 6-0.
Murphy Loagy Bay area, RDA, shell fishing Mr. Murphy requested the hearing be continued to 6/1/22. Leon Shreves moved to continue to 6/1/22; Seconded by Michael Fisher. VOTE: Leon Shreves aye; Barbara Brennessel aye; John Cumbler aye; Ben Fairbank aye; Michael Fisher aye; and Marty Murphy aye. 6-0.
Provisor, 375 Cove Rd., Map 28, Parcel 33, RDA, Install 12’ x 14’ vegetable garden in raised bed within the flood plain. After a site visit and reviewing some photographs of the property, the Commission felt this was a minor project. John Cumbler moved to approve and identified the RDA as a Negative 2; seconded by Marty Murphy. VOTE: Leon Shreves aye; Marty Murphy aye; Barbara Brennessel aye; Michael Fisher aye; Ben Fairbank aye; and John Cumbler aye. 6-0
Provisor, 375 Cove Rd, Map 28, Parcel 33, NOI, new decks on west side of house. A site visit was made. David Lyttle represented the applicant. The first-floor deck will be supported by sonotubes and two smaller decks will come off from the 2nd floor. This will not disturb any wetlands. Michael Fisher stated that there is an outdoor shower which requires a nitrogen reducing feature, which Mr. Lyttle stated that they would install. Mr. Lyttle stated that the septic tank will be pumped and relocated further away from the decking. John Cumbler said that he would like an I/A system installed. Mr. Lyttle stated that the owners would reduce the size of the decking and relocate the footings so as not to have to upgrade the septic system. Mr. Lyttle will supply new plans for the decking. After further discussion, Barbara Brennessel recommended we vote on this NOI and make a condition that new plans will be submitted to Agent Greenberg-Lemos. Barbara Brennessel moved to approve the NOI with the Conditions that a plan for a reduced decking be submitted to the Agent and that a nitrogen reducing feature be added under the shower, and that the septic system not be moved; Seconded by Ben Fairbank. VOTE: Leon Shreves aye; Marty Murphy aye; Ben Fairbank aye; John Cumbler aye; Barbara Brennessel aye; and Michael Fisher aye. 6-0. Supervisor Barbara Brennessel
Murphy, 151 Hamblen Farm Rd., Map 19, Parcel 12, NOI, extend gravel driveway and reroute utility wires. A site visit was made. Laura Schofield represented the applicant and explained the owners would like to have a new access driveway to the site. Most of the new driveway will be out of the 100’ buffer zone and the overhead utilities currently run through the wetlands and over property owned by the Wellfleet Conservation Trust. The applicant would like to relocate the overhead power lines and some telephone lines and install them under the new driveway, which will eliminate some of the frequent power outages and damage to the wetland in the process of repairing the lines. A small parking space will be eliminated. The disturbance will be 915 sq. ft. Michael Fisher stated that there are some trees where the driveway will go. Ms. Schofield that stated that the owners will replant with native vegetation. Sue Anthony, an abutter, questioned if the other access driveway will be abandoned and Ms. Schofield responded that this dirt road will remain a secondary access. Marty Murphy moved to approve the NOI with the Condition that a revised planting plan for native plants be submitted; Seconded by John Cumbler. VOTE: Leon Shreves aye; Ben Fairbank aye; Barbara Brennessel aye; John Cumbler aye; Marty Murphy aye; Michael Fisher disclosed an apparent possible conflict of interest, stated that this disclosure has been approved by the Commonwealth Ethics Commission and the Wellfleet Selectboard, and stated that he can act objectively on this application, aye. 6-0. Supervisor: John Cumbler
Chequessett Yacht & Country Club, 675 Chequessett Neck Rd., Map 19, Parcel 115, NOI, Install seasonal tent, remove bittersweet and replace with native plants, and After the Fact filing for the deck area east of boathouse building and a set of steps. Marty Murphy stated that he is a member of the CYCC but can act objectively on this application. Agent Hillary Greenberg-Lemos stated that there is a $1,000 after the fact filing fee but they paid only $100 so far. Matt Farrell represented the applicant, and General Manager, Barry McLaughlin, participated in the hearing. Farrell provided the history of the area. They want a 60’ by 40’ tent to be used for functions, which would be put up separately for different events and then removed. The bittersweet would be removed in phases and replaced with native plantings. Leon Shreves stated that the last time the CYCC was before the Commission, they were told not to put up a permanent tent. Farrell stated that the tent would not be permanent and to date, there are 32 events planned for this year, although the tent will not be used for every event. It is anticipated the tent will be up for 16 days from early June to the end of September. Mr. Farrell reported that the steps were replaced on the shed. Farrell stated that there will be no tent on the east side of the building, although the plans and stakes on the ground indicate one. John Cumbler questioned what was in the area before the deck was built, which is within the 50’ buffer zone. The Commission would not have allowed this had it been applied for. McLaughlin stated that the area was used for years as a service area, with some caterers bringing temporary tents. Agent Greenberg-Lemos stated that Mr. McLaughlin was not employed at the Club when the decking was built. Agent Greenberg-Lemos stated that there are Board of Health issues regarding food preparation with no covering. McLaughlin stated that he could require vendors to bring small tents. It was suggested the deck be moved outside of the 50’ buffer zone. Matt Farrell stated that he would like to have a site visit with Mr. McLaughlin to look at the property and find an alternate location for the deck. Agent Greenberg-Lemos asked if the property experienced run off down the driveway, with water running onto the beach. She asked if swales or other engineering in the road could divert this water away from the beach. Leon Shreves moved to continue to 6/1/22; Seconded by Barbara Brennessel. Leon Shreves aye; Barbara Brennessel aye; John Cumbler aye; Ben Fairbank aye; Marty Murphy aye; Michael Fisher disclosed an apparent possible conflict of interest, stated that this disclosure has been approved by the Commonwealth Ethics Commission and the Wellfleet Selectboard, and stated that he can act objectively on this application, aye. 6-0
Caviness, 360 Cove Rd, Map 28, Parcel 24, NOI, Construct a workshop addition, elevated swimming pool, deck and patio and mitigation plantings. Jason Ellis represented the application and stated that the workshop addition would be on sonotubes with no foundation. He stated that there is a dune on the other side of the street and the entire property is within the ACEC, and much of the property within the 100’ Buffer Zone and the Flood Zone. Leon Shreves advised Mr. Ellis that the Commission needs to know the current total disturbance area as well as proposed disturbance within the ACEC and within the 100’ Buffer and Flood Zones. Michael Fisher questioned if all the RDA work approved from last year is completed. He also that here has been some cutting of trees as well as raised garden beds on the property in the conservation area and Jason replied that the owners did not know they had to get approval. The pool will be an elevated saltwater pool within the Flood Zone. The Commission wanted to know where the flood waters will flow. Mr. Ellis stated that water would go around the pool. The pool will be five feet deep and the terrace flooring will meet the top of the pool. It is a pre-manufactured concrete pool with steel sides. The Commission requested more information on the pool regarding the structure, drainage, etc. Shannon Coheen, landscaper, provided information on the planting plan. She stated that most of the property is already planted with native plants. She stated what plants come out, she will replace. She stated there are 3 pitch pines near the house that they would like to remove and they would be replaced with shad. The driveway is an open circle at the bottom of a hill, and they stated that they will allow water to go through. Native plantings will also be planted in the area. The patio/terrace will be pervious and placed on sand. Ellis stated that the water would be removed from the pool into a truck. The proposed rain garden is within the road layout and Ellis stated that the property line is 10 feet from the road. There is currently an island next to the road where the rain garden will be located. This filing does not require a MESA filing. Leon Shreves moved to continue to 6/1/22; Seconded by Michael Fisher. VOTE: Leon Shreves aye; Ben Fairbank aye; Barbara Brennessel aye; John Cumbler aye; Marty Murphy aye; and Michael Fisher aye. 6-0.
Leon Shreves moved to adjourn at 6:30 pm; seconded by Marty Murphy. VOTE: Leon Shreves aye; Ben Fairbank aye; Barbara Brennessel aye; John Cumbler aye; Marty Murphy aye; and Michael Fisher aye. 6-0.
Respectfully submitted,
Christine Bates
Documents:
Order of Conditions for Herring River project
Cohn: Request for Certificate of Compliance
Murphy: request for continuation
Provisor: RDA application and back up materials
Provisor: NOI application and back up materials
Murphy: NOI application and back up materials
Chequessett Yacht & Country Club: NOI and back up materials
Caviness: NOI application and back up materials