Approved Conservation Commission Mtg Mins

Meeting date:

Wednesday, July 20, 2022

Approved

Wellfleet Conservation Commission

July 20, 2022

Hybrid Meeting, Wellfleet COA, 715 Old Kings Highway

In attendance: Chair Leon Shreves, Clerk Michael Fisher, Marty Murphy, and John Cumbler.

Regrets: Barbara Brennessel and Ben Fairbank

4:25 pm

Business Meeting

Chair Shreves opened the Business Meeting.

Mail / Discussion

Denny O’Connell – Conservation Restriction Review 10 Quail Run, Map 12, Parcel 144

Mr. O’Connell stated that the State dictates the language of the proposed Conservation Restriction. This is a CR on a 1.11 acre undeveloped lot recently purchased by the Wellfleet Conservation Trust that he requests the Commission, and also the Selectboard, to endorse. Marty Murphy moved to recommend the CR; seconded by Marty Murphy. 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. VOTE: Marty Murphy aye; Leon Shreves aye; John Cumbler aye; and Michael Fisher aye. 4-0.

Jurisdictional Opinions

Evan Shack, 137 Nauhaught Bluff Road, Map 21 Parcel 10. He is requesting permission to trim invasive trees so that native vegetation beneath them will flourish. Leon Shreves moved to approve the JO; seconded by Marty Murphy. VOTE: Marty Murphy aye; Leon Shreves aye; John Cumbler aye; and Michael Fisher aye. 4-0.

Oyer, 83 Samoset, Map 28, Parcel 113, remove two dead pine trees which are close to the dwelling. Leon Shreves moved to approve the JO; seconded by Marty Murphy. VOTE: Marty Murphy aye; Leon Shreves aye; John Cumbler aye; and Michael Fisher aye. 4-0.

Van Staden, 260 Old Wharf Rd, Map 36, Parcel 73, there is a wooden walkway that is in disrepair and is causing erosion. Agent Greenberg-Lemos advised them to remove only the portion at the bottom part so as to cause the least disturbance and then submit a new vegetation plan before replacing the walkway. John Cumbler moved to approve the JO; seconded by Leon Shreves. VOTE: Marty Murphy aye; Leon Shreves aye; John Cumbler aye; and Michael Fisher aye. 4-0.

Cassano, 65 Atlantic Ave., Map 36, Parcel 54, remove 1 dead pine tree and limb branches on another tree. Leon Shreves moved to approve the JO; seconded by Marty Murphy. VOTE: Marty Murphy aye; Leon Shreves aye; John Cumbler aye; and Michael Fisher aye. 4-0.

Finklestein, 55 Forrest Road, Map 16, Parcel 620: Removal of one fallen tree close to the water. Leon Shreves moved to approve the JO; seconded by Marty Murphy. VOTE: Marty Murphy aye; Leon Shreves aye; John Cumbler aye; and Michael Fisher aye. 4-0.

Notice of vacancies on Conservation Commission: Agent Greenberg-Lemos will review the activities and goals of the Conservation Commission and supply wording for recruitment of additional members and alternates.

Meeting Minutes

Marty Murphy moved to approve the amended June 15, 2022 meeting minutes; seconded by Leon Shreves. VOTE: Marty Murphy aye; Leon Shreves aye; John Cumbler aye; and Michael Fisher aye. 4-0.

Agent Greenberg-Lemos will make a site visit to a construction site at 35 Way 60 per John Cumbler’s request.

Agent Greenberg-Lemos stated she and Meredith will make observation visits to CCYC to determine the amount of time the tent is up. There were strict conditions on the total number of days it was allowed to be up.

John Cumbler moved to adjourn the Business Meeting at 4:30; seconded by Michael Fisher. VOTE: Marty Murphy aye; Leon Shreves aye; John Cumbler aye; and Michael Fisher aye. 4-0.

5:00 pm Public Hearings:

Chair Shreves opened the Public Hearing.

Attendance: Marty Murphy, Leon Shreves, John Cumbler, and Michael Fisher

Beck, 30 Ryder Court, Map 14, Parcel 12, Certificate of Compliance. Agent Greenberg-Lemos and Leon Shreves made a site visit. It was noted there is a tree house as well as a skateboarding half pipe which were never approved. There is an outdoor shower on the deck. The mud room was never constructed. John Cumbler recommended an after-the-fact filing for the tree house. The half pipe tubing has to be removed. John Cumbler moved to continue the hearing to August 3, 2022; seconded by Leon Shreves, VOTE: Marty Murphy aye; Leon Shreves aye; John Cumbler aye; and Michael Fisher aye. 4-0.

Beck /Baum, 30 Ryder Court, Map 14, Parcel 12 and Parcel 11: Certificate of Compliance. Alternative septic system shared with another property. Agent Greenberg-Lemos reported this is in compliance. Leon Shreves moved to approve the Certificate of Compliance; seconded by Michael Fisher. VOTE: Marty Murphy aye; Leon Shreves aye; John Cumbler aye; and Michael Fisher aye. 4-0.

Boehringer, 164 Cliff Rd., Map 24, Parcel 100, Certificate of Compliance. A site visit was made. There are several issues with this property which need to come into compliance. Agent Greenberg-Lemos had earlier provided a list to Mr. Boehringer. David Lyttle requested a copy of the list of the non-conformities and requested a continuation to August 3, 2022. Leon Shreves moved to continue to August 3, 2022; seconded by Marty Murphy. VOTE: Marty Murphy aye; Leon Shreves aye; John Cumbler aye; and Michael Fisher aye. 4-0.

Games, 145 Way 657 or Thoreau Way, Map 4, Parcel 17, RDA, request to withdraw without prejudice. Agent Greenberg-Lemos stated an e-mail was received to withdraw without prejudice. Ms. Games will come back to the Commission next year with a new request. Marty Murphy moved to approve the withdrawal request without prejudice; seconded by Leon Shreves. VOTE: Marty Murphy aye; Leon Shreves aye; John Cumbler aye; and Michael Fisher aye. 4-0.

DeVasto, Field Point, RDA, shellfishing grant. Agent Greenberg-Lemos read a letter from Nancy Civetta, Shellfish Constable, into the record. It was noted the Select Board has already approved the grant. Leon Shreves identified the RDA as a Negative 2; seconded by John Cumbler. VOTE: Marty Murphy aye; Leon Shreves aye; John Cumbler aye; and Michael Fisher aye. 4-0.

Vivante and Soorian, 320 Main Street, Map 14, Parcel 2, RDA, new septic system. John Cumbler made a statement that there will be town sewage in the future. Jason Ellis stated that the Board of Health has required an I/A system be installed so that is part of this application. He stated the system will be terraced into the slope. Leon Shreves identified the RDA as a Negative 3; seconded by Marty Murphy. VOTE: Marty Murphy aye; Leon Shreves aye; John Cumbler aye; and Michael Fisher aye. 4-0.

Kosinski & Mayer, 65 Belding Way, Map 28, Parcel 12, NOI, Construct single family dwelling, sewage disposal system and associated site improvements. There was no attendance by the engineers or owners. Leon Shreves moved to continue to August 3, 2022; seconded by John Cumbler. VOTE: Marty Murphy aye; Leon Shreves aye; John Cumbler aye; and Michael Fisher aye. 4-0.

Leon Shreves moved to adjourn the meeting; seconded by Marty Murphy. VOTE: Marty Murphy aye; Leon Shreves aye; John Cumbler aye; and Michael Fisher aye. 4-0.

Respectfully submitted,

Christine Bates, Committee Secretary

Documents:

Beck: Request for Certificate of Compliance

Beck/Baum: Request for Certificate of Compliance

Boehringer: Request for Certificate of Compliance

Games: Request to withdraw RDA

DeVasto: RDA application

Vivante and Soorian: RDA application

Kosinski & Mayer: NOI application