Approved Conservation Commission Mtg Mins

Meeting date:

Wednesday, August 3, 2022

Approved

Wellfleet Conservation Commission

August 3, 2022

Hybrid Meeting, Wellfleet COA, 715 Old Kings Highway

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

Regrets: Barbara Brennessel

Business Meeting

Chair Leon Shreves opened the Business Meeting at 4:00 pm

Mail / Discussion

Nancy Civetta – Field Point grant

Shellfish Warden Civetta stated that the Town has purchased about two dozen shellfish grant sites since the 1980’s. Some grant awards have already been given and the Shellfish Advisory Board has made some recommendations for increasing the number of grants in order to allow new people into the shellfish industry. There is an area that includes a stream within the Blackfish Creek region that has never been developed into a grant. Site visits there have been made and the Shellfish Department has proposed a new grant of approximately half an acre that includes that stream and fits between other existing grants. Michael Fisher asked if there is any difference in the water quality in the stream area. He questioned why the stream runs there specifically. Leon Shreves questioned what would happen to the oysters from the creek water. Ms. Civetta responded there does not seem to be any difference in the water quality, compared to abutting grant areas. Ms. Civetta also stated that the State regularly samples the water quality in the area and has approved it over the years. Agent -Lemos agreed there have never been water quality issues there. Ms. Civetta shared several years of satellite photos of the area. Leon Shreves stated that we have to ensure that there is space for turtles and other species to be able to move up and down the streambed. Ms. Civetta described some of the sand migration caused by beach nourishment onto some of the neighboring grants. Ms. Civetta identified several different ways that they have shaped and located the proposed grant. The new grant recipient would be determined by a lottery, then the Selectboard and the State have to approve. John Cumbler stated that he would like to see the stream not be included within the proposed grant area since we do not currently have enough knowledge about how the stream is affecting wildlife. This area might be better as an oyster grant rather than one for clams. Agent Greenberg-Lemos questioned if this should be used as a grant at present or whether it could first be studied for a couple of years in order to understand its particular ecology. Agent Greenberg-Lemos also stated her concern about sand migration in the area and stated that the area could be surveyed periodically after beach nourishment takes place. Ms. Civetta stated that there are currently five grants open for the lottery in Town which will meet the short term needs of new people and we could study this area for a couple of years. She will reach out for possible money for surveys and monitoring. Ms. Civetta will report on this discussion to the Shellfish Advisory Board.

Meeting Minutes

Leon Shreves moved to approve the amended July 15, 2022 meeting minutes; seconded by John Cumbler. VOTE: Leon Shreves aye; John Cumbler aye; Marty Murphy aye; and Michael Fisher aye. Ben Fairbank abstained since he had not attended that meeting. 4-0-1.

Jurisdictional Opinions: Fromboluti, 460 School House Rd, map 4, parcel 34. They had earlier been given permission to cut half of a damaged tree, and now want to remove the rest of the tree. Agent Greenberg-Lemos stated that she made a site visit and agrees that this remaining part of the tree is dangerously leaning over the house. Leon Shreves moved to approve the Jurisdictional Opinion; seconded by Michael Fisher. VOTE: Marty Murphy aye; Ben Fairbank aye; John Cumbler yes; Michael Fisher aye; and Leon Shreves aye. 5-0.

Patricia Baker, 35 Way 60, Map 19 parcel 16, violations: Assistant Agent Meredith Ballinger reread the project description of the original plan as approved by the Commission – renovation and addition to dwelling, new deck, walkout basement foundation, requiring little grading, and first elevated deck with steps to below. Prior to the work, the lot coverage was 1352 sq. ft. – proposed lot coverage 1982 sq. ft. The violations are for fill and debris piled outside of the marked work area and no silt fence. John Cumbler stated that the owners never contacted him as the Supervisor. Agent Greenberg-Lemos will send letters to the homeowners and the contractor identifying the violations.

CYCC: violations – Agent Greenberg-Lemos received a revised tent schedule from the club. She noted there are vessels being stored on the vegetation next to the boat house as well as on the coastal bank, which was supposed to be revegetated. The club will receive an enforcement letter.

Additional site visits have been made by the Agent and Assistant Agent to the Salty Duck Pottery Shop and to the Samoset and Old Briar Cliff neighborhood regarding reported violations.

The Agent and Assistant Agent reported that vessels being stored on the wetlands are being ticketed and identified as the season goes along.

Leon Shreves moved to close the Business Meeting at 4:55; seconded by Michael Fisher. VOTE: Leon Shreves aye; Ben Fairbank aye; John Cumbler aye; Marty Murphy aye; and Michael Fisher aye. 5-0.

5:00 pm Public Hearings:

Chair Leon Shreves opened the Public Hearings. In attendance: Leon Shreves, Michael Fisher, Martin Murphy, Ben Fairbank, and John Cumbler.

Beck/Baum, 30 Ryder Court, Map 14, Parcel 12, Certificate of Compliance. Agent Greenberg-Lemos stated that the unapproved tree house and half pipe discussed in the last meeting have been removed. Leon Shreves moved to approve the Certificate of Compliance; Seconded by Marty Murphy. VOTE: Leon Shreves aye; Ben Fairbank aye; John Cumbler aye; Marty Murphy aye; and Michael Fisher aye. 5-0.

Boehringer, 164 Cliff Rd., Map 24, Parcel 100, Certificate of Compliance. Mr. Boehringer and Gary Lucas attended the meeting. Leon Shreves read in order all the violations found on a site visit and discussed at the last meeting and the applicant responded. Photograph were displayed for the Commission’s review. The tight tank was higher than approved in the original plan. The applicant stated that there is 9” of grade over the top of the tight tank that proved to be structurally necessary. There is an AC compressor in front of the dwelling which was not approved. The applicant explained the reasons for its altered location. There is a foot wash station adjacent to the tight tank – there are two faucets on each side of the dwelling. The applicant stated that the faucets are spring loaded which shuts the water off as soon as the foot washing ends. The driveway has been stoned. Mr. Boehringer stated that the house has always had a stone driveway. There are steps and a birdbath on the top of the bank. Mr. Boehringer stated that these will be removed. There are gutter downspouts running under the deck. Agent Greenberg-Lemos stated that regulations require that downspouts must go into dry wells. She recommends requesting technical information from Ryder and Wilcox about this. There is a stairwell at the foot of the paper road adjacent to this property. Mr. Boehringer stated that the stairs have been there for a long time. He stated that there are eleven other households utilizing these stairs. Agent Greenberg-Lemos stated that the stairways were installed cutting into the bank and are in violation. She will verify how long the stairs have been there. Leon Shreves moved to continue consideration of this application to August 17, 2022; seconded by Michael Fisher. VOTE: Leon Shreves aye; Ben Fairbank aye; John Cumbler aye; Marty Murphy aye; and Michael Fisher aye. 5-0

Lanfranchi, 30 First Ave., Map 30, Parcel 123, NOI, Construct 60’ x 4’ wood beach access stairway. There was no participation by the applicant and the site has not been flagged. Leon Shreves moved to continue to August 17, 2022; seconded by Michael Fisher. Leon Shreves aye; Ben Fairbank aye; John Cumbler aye; Marty Murphy aye; and Michael Fisher aye. 5-0. Agent Greenberg-Lemos will reach out to the applicant.

Kosinski & Mayer, 65 Belding Way, Map 28, Parcel 12, NOI, Construct single family dwelling, sewage disposal system and associated site improvements. Sean Riley represented the applicant provided an overview of the project. The resource areas were identified. Theresa Sprauge, Blueflax landscape design, stated that they will restore the area with native plantings: Within the areas of the 100 foot buffer zone, 166 shrubs and 49 ferns will be planted. This will require temporary water irrigation until the plants have formed good roots. There will be 440 sq. ft. of house encroachment within the 100 foot buffer zone. Sean Riley stated that they design their dry wells for a 25-year event. The applicants stated that this application is to construct the house and that they understand that they would have to make a new filing for creating access to the beach or any vista corridor or an outdoor shower. The Agent stated that the DEP may make it a requirement that I/A septic systems be installed within 5 years. The applicant agreed to revise the proposed plan to include an enhanced I/A septic system. John Cumbler moved to approve the NOI with the condition there be an enhanced I/A system and that no outdoor shower will be installed; Seconded by Leon Shreves. Leon Shreves aye; Ben Fairbank aye; John Cumbler aye; Marty Murphy aye; and Michael Fisher aye. 5-0.

Duck Creek Development, 20 Village Lane, Map 47, Parcel 1, Construction of single family dwelling, addition/alterations to an existing building, septic upgrade and removal of invasives species. A site visit was made. Leon Shreves stated that there is too much construction going on within the 100’ buffer zone. Stephanie Sequin and David Lyttle represented the project. This is a 2-acre parcel and Ms. Sequin identified all the resource areas. It is currently a commercial site that had been developed as a restaurant. She stated that there were debris and old buildings on the property which have been cleaned up. They want to construct two single family dwellings to be used for rental homes, plus two storage sheds, all within the 200 foot riverfront area. There would be a total of 8 new bedrooms on the site. There will be a new well and an I/A septic system. There will be removal of invasive species. She stated that the only new construction within the 50 foot resource area is the proposed deck and walkway for the existing building. There will be no change in footprint of this existing building. Agent Greenberg-Lemos stated that there can be no new construction within the 50’ buffer zone, which would be the location of the proposed deck and walkway. Leon Shreves questioned if the foundation for the two bedroom house will need to be replaced and is concerned with the retaining walls as well. The contractor stated that they may have to use some blocks but it would be minimal work and continued that they may have to cantilever the decking that is proposed within the buffer zone. There will be no living space in the cellar area. Ms. Sequin stated that she does not have any architectural plans available yet. The application does not identify the total area of the proposed dwellings, sheds, or driveway. The Commission needs to know how many trees will be removed. Ms. Sequin will provide a new site plan. Theresa Sprague stated that there are not many native plants there currently but they will try to save them. Within the 100’ buffer, 7 trees and approximately 200 shrubs will be planted. There are many invasive trees. She will provide the number of trees to be removed. The proposed driveway will either be shells or stones. The Commission requires on the application the total proposed disturbed area and the total square footage of new construction within the 100’ buffer zone and within the 200’ riverfront. With the consent of the applicant, Leon Shreves moved to continue consideration of this application to August 17, 2022; seconded by Marty Murphy. Leon Shreves aye; Ben Fairbank aye; John Cumbler aye; Marty Murphy aye; and Michael Fisher aye. 5-0.

The Commission had a discussion regarding going back to Zoom or have future meetings as hybrid. It was determined to go back to Zoom.

Agent Greenberg-Lemos reminded the Commission that the Board of Health would be holding a meeting on I/A septic systems on Wednesday, August 10, 2022 at 5:00 pm.

Leon Shreves moved to adjourn at 6:20 pm; seconded by Marty Murphy. Leon Shreves aye; Ben Fairbank aye; John Cumbler aye; Marty Murphy aye; and Michael Fisher aye. 5-0.

Respectfully submitted,

Christine Bates, Committee Secretary