Approved Conservation Commission Mtg Mins
Approved
Wellfleet Conservation Commission
September 21, 2022
Zoom Meeting
In attendance: Chair Leon Shreves, Clerk Michael Fisher, Ben Fairbank, Barbara Brennessel, John Cumbler, and Marty Murphy
Business Meeting
4:00 pm Chair Leon Shreves opened the meeting.
Business Meeting
Dennis Townsend came to the meeting to discuss the tree cutting without approval at 325 Pilgrim Spring Road, Map 29, Parcel 241. Mr. Townsend stated that the homeowner misinformed him that the tree(s) were not in the buffer zone. The tree(s) were approximately 90 feet from the coastal bank, which is within our jurisdiction. Barbara Brennessel moved to fine the homeowner a $200 non-criminal fine; seconded by John Cumbler. Vote: Leon Shreves aye; Barbara Brennessel aye; John Cumbler aye; Ben Fairbank aye; Marty Murphy aye; and Michael Fisher aye. 6-0.
Upcoming absences of Commissioners
Leon Shreves – December 7
John Cumbler – October 21, January 18, February 1 and 15
Marty Murphy – In Florida from January to April but will participate if able to get packets.
Barbara Brennessel – all of February – might be able to participate
Jurisdictional Opinions:
Sarah Downs, 40 Airey Lane, Map 36, Parcel 24, wants to cut one limb each on two different oak trees. This will be done professionally. Barbara Brennessel moved to approve the JO; seconded by Ben Fairbank. Vote: Leon Shreves aye; Barbara Brennessel aye; John Cumbler aye; Ben Fairbank aye; Marty Murphy aye; and Michael Fisher aye. 6-0.
Damon Wei and Marianne Thomas, 40 Hiawatha Road, Map 28, Parcel 176, replace lower landing to the cottage, replace existing sandpit. Agent Greenberg-Lemos stated that more plantings should be done on this property and suggested they file an RDA. John Cumbler moved to reject the Jurisdictional Opinion and request them to file an RDA; seconded by Barbara Brennessel. Vote: Leon Shreves aye; Barbara Brennessel aye; John Cumbler aye; Ben Fairbank aye; Marty Murphy aye; and Michael Fisher aye. 6-0.
Pat Bartlett, 50 Steele Road, Map 4, Parcel 33, sent a letter to the Commission requesting permission to prune for a view with no specifics as to where or how much pruning was sought. Barbara Brennessel stated that this is not the first time they have requested pruning that was unpermitted. The Commission suggested they provide a site plan identifying the trees to be trimmed, have a vista pruning plan, and submit a RDA application. Vote: Leon Shreves aye; Barbara Brennessel aye; John Cumbler aye; Ben Fairbank aye; Marty Murphy aye; and Michael Fisher aye. 6-0
Marty Murphy moved to approve the amended August 17, 2022 meeting minutes, seconded by John Cumbler. Vote: Leon Shreves aye; Barbara Brennessel abstained; John Cumbler aye; Ben Fairbank aye; Michael Fisher aye; and Marty Murphy aye. 5-0-1
The Commissioners reviewed the paperwork requested by the Selectboard for the mission and goals of the Conservation Commission.
There was unpermitted tree cutting at the property on 44 Bay View Road, Map 8, Parcel 222. A citation was issued.
Contact was made with the owners of the Pottery Shop at 50 W. Main St, Map 14, Parcel 30, regarding the unpermitted paving of the driveway.
There is brush dumping going on near Uncle Tim’s Bridge – the Agent and Assistant Agent will pick up the debris.
CCYC: Due to extensive boat storage, there is no vegetation growing on the coastal bank. John Cumbler stated that the Commission should be aware of the specific number of days that the tent will be up at CCYC. If they exceed that number of days, there should be no further tent use. Agent Greenberg-Lemos said that the CYCC has put hardener down on the site. Marty Murphy stated that CYCC brings visitors to the town for weddings and events, and it causes more damage putting the tent up and down so frequently. He continued that all sites should be treated equally, mentioning Mac’s Restaurant, which keeps its tent up all season on its parking lot. Agent Greenberg-Lemos stated that CYCC cannot have all the uses they want in that small area. Before Covid, they utilized the boathouse for such events. When they come before us next year for tent use, the Commission will consider Conditions that ensure that dune erosion on the site will be eliminated and mitigated for.
Barbara Brennessel stated that many years ago, we allowed a homeowner to build a stairway on 925 Chequesset Neck Road. Map 19, Parcel 100. The Town has an Easement allowing public access across this stairway. The homeowners have put up a gate and the public (mostly shellfishermen) cannot access the stairs. The Access Committee and Shellfish Constable are aware of the situation. Agent Greenberg will inspect the site.
Barbara Brennessel moved to adjourn the business meeting at 4:55 pm; seconded by John Cumbler. Vote: Leon Shreves aye; Barbara Brennessel aye; John Cumbler aye; Ben Fairbank aye; Marty Murphy aye; and Michael Fisher aye. 6-0
5:00 Public Hearings
Chair Leon Shreves opened the Hearings.
Boehringer, 164 Cliff Rd., Map 24, Parcel 100, Certificate of Compliance (Cont’d) The last issue remaining was to get verification that the drainage under the deck was in compliance. There was discussion regarding the planting plan and recommendations for changes in the plant species for a better ecology there. A Condition will be added for these changes in the planting plan be filed. Michael Fisher moved to approve the Certificate of Compliance; seconded by Ben Fairbank. Leon Shreves aye; Barbara Brennessel aye; John Cumbler aye; Ben Fairbank aye; Marty Murphy aye; and Michael Fisher aye. 6-0
Giotto, 344 King Phillip Rd., Map 35, Parcel 178, NOI, reconstruct rock revetment and access stairway with improvements including planting areas. The Commission reviewed the Meeting Minutes of August 17, 2022. Don Monroe of Coastal Engineering stated that there will be additional fiber rolls, and a revised planting plan. Don Monroe stated that he will reach out to the Selectboard as well as DPW for permission for access from Omaha Road and along the beach. Before applying to MEPA, he requires an Order of Conditions from the Commission. Nancy Civetta recommended mid-January to mid-March for the work because the shellfishermen remove their gear during December and early January. No work is to be done from May 1 to July 31. Monroe estimated the work will take approximately 3 weeks. There will be subsequent beach nourishment as well. Nancy Civetta stated that there is a lot of peat in that beach area, and she would like to make a preconstruction site visit together with Mr. Monroe. She expressed concern regarding the beach renourishment and the sand moving to the shellfish beds. Monroe stated that they will be monitoring the sand by looking at the existing beach and they will only add additional sand if needed. The Commission questioned if they would be using Omaha Road because the trucks are large and the weight of the rocks are a concern. Nancy Civetta will provide a phone number to notify the local Homeowner Association of the work since that road is privately owned and stated that the Town owns the beach at the end of Omaha and the builders would have to get permission. The project must be finished by April 30. Civetta stated that she would like a month’s notice so she can inform the shell fishermen of when the work starts. Don Monroe requested the file remain open to avoid amendments and Agent Greenberg-Lemos stated that we will issue an Order of Conditions. The Commission suggested an advanced I/A system should be installed. Agent Greenberg-Lemos stated that the owners received approval from the Board of Health in 2018 and she doesn’t know if the construction was done to increase the bedroom count or if the septic system was installed. Barbara Brennessel and John Cumbler recused themselves because they were not in attendance at the last meeting and had not signed the CERTIFICATION PURSUANT TO G. L. C. 39, SECTION 23D OF PARTICIPATION IN A SESSION OF AN ADJUDCITORY HEARING WHERE THE UNDERSIGNED MEMBER MISSED A SINGLE HEARING SESSION form. The owner of the property would like an opportunity to review the option of an advanced I/A system and the cost. At the request of the applicant, Ben Fairbank moved to continue to October 5, 2022; seconded by Michael Fisher. Vote: Leon Shreves aye; Ben Fairbank aye; Marty Murphy aye; and Michael Fisher aye; Barbara Brennessel and John Cumbler recused. 4-0
SLA Nominee Realty Trust, 1005 Chequessett Neck Road, Map 19, Parcel 94, Request for an Amendment to Order of Conditions. At the request of the applicant, Michael Fisher moved to continue the hearing October 5, 2022; seconded by Ben Fairbank. Vote: Leon Shreves aye; Ben Fairbank aye; Marty Murphy aye; Barbara Brennessel aye; John Cumbler aye; and Michael Fisher aye. 6-0
John Cumbler left the meeting.
Tansey, 200 Blue Heron Rd., Map 41, Parcel 14, RDA, construct 8 x 10 garden shed (after the fact filing). A site visit was made and the Commission requires a site plan that identifies the total disturbed area within the 50 and 100 buffer zone areas. The Tanseys recently purchased the property so the previous owner must have done this construction. There is a large area with paving stones evidently within the 50 foot filter strip. The Town does not have any records in the files. Barbara Brennessel suggested that mitigation planting be done in the area that was planned for grass.seeding. Agent Greenberg-Lemos recommended that a land surveyor do a site plan for submission to the Commission. Michael Fisher moved to continue indefinitely; seconded by Ben Fairbank. VOTE: Leon Shreves aye; Barbara Brennessel aye; Ben Fairbank aye; Marty Murphy aye; and Michael Fisher aye. 5-0
Coates, 10 First Ave, Map 30, Parcel 120, RDA, add 10 x 20 studio to the north of the existing garage. Ron Slowek, of Highland Builders, stated that this plan had been approved by the Commission in March 2022. A screen share was posted from the original approved Order of Conditions. Agent Greenberg-Lemos identified the 50’ and 100’ zones. The original studio was going to be located to the west of the garage. Ron Slowek stated that they have changed the location to the north of the garage, and still within the 100 foot area; there will be a reduction from 250 square feet to 200 square feet. He stated that they also have to go before ZBA. There will be no machinery used, and there will be two pine trees to be removed. There will be approximately 6 inches clearance under the addition. The studio will remain the same footage. Barbara Brennessel identified the RDA as a Negative 3; seconded by Michael Fisher. Leon Shreves aye; Barbara Brennessel aye; Ben Fairbank aye; Marty Murphy aye; and Michael Fisher aye. 5-0.
Kaplan, 110 Blue Heron Rd., Map 42, Parcel 100, NOI, Construct new deck and new screened porch above existing deck within the 100’ buffer zone. A site visit was made. The site plan did not identify the 50 or 100 foot buffer zones. Jason Ellis represented the applicant and stated that the proposed deck is within the 50’ and most of the property is within the ACEC. The screened porch is just outside the 50’ buffer zone and will be 12.5’ x 26’. Bearberry will be planted where the woodchips are now located. There will be a dry well off to the left of the porch. The house does not have gutters. Barbara Brennessel is very concerned with building the deck within the 50’ buffer zone. Jason Ellis asked if the applicant installed an enhanced I/A system, could the deck be built in this location. Michael Fisher stated that if there were an I/A system, we would require a new site plan. Ben Fairbank is concerned with storm water flow and would like to see an alternative design for access to the basement. The rinse station requires a dry well for nitrogen control. Barbara Brennessel moved to continue to 10/5/22; seconded by Marty Murphy. Vote: Leon Shreves aye; Barbara Brennessel aye; Ben Fairbank aye; Marty Murphy aye; and Michael Fisher aye. 5-0.
O’Connor, 90 C Lecount Hollow Rd., Map 30, Parcel 9, NOI. Raise and rebuild single family house in current location, add a screen porch, 2 decks, and a kitchen addition, remove invasive vegetation and lawn and plant native vegetation in buffer zone. A site visit was made. Meeting Minutes about the concerns of the Commission about this site in 2016 were shown. Leon Shreves stated that there is a fire pit and structure and a cement block compost bin only 20-30 feet from the wetland. Theresa Sprague represented the O’Connors and stated that the house will not be razed (as the application states) but raised up and a new foundation will be built. She described the existing conditions and vegetation. The proposed additions will be an additional 2,200 sq. ft with a proposed 32’ retaining wall by the porch. There will be removal of invasive vegetation including 6 Black Locust trees and replanting with native species as mitigation. Debris will be removed. She stated that this will improve the habitat for animal cover and breeding. Monitoring will take place during the restoration and construction. There are currently four structures on the property. Michael Fisher stated that the application indicates that there are currently 9,150 sq. ft. of structures within the 100 foot buffer zone, and the permitted maximum is 5,000 sq. ft. All of the disturbed areas need to be identified which includes the driveways, retaining walls, walking paths, etc. Ms. Sprague stated that all the disturbance was counted, and she stated that some of the lawn will be removed and replanted with vegetation. Barbara Brennessel stated our regulations will not allow any construction within the 50 foot filter strip that is closer to the wetland than current buildings. Ms. Sprague stated that the dwellings have been there since 1849 and it makes it a challenge for property owners to live there. There are currently two Title 5 septic systems. Theresa Sprague stated that they have to go before MESA for approval. David Quinn stated that diamond piers could be used for the additions. The Commission requested building plans for construction of the new extensions, which were not provided. Agent Greenberg-Lemos asked if the raised house could be shifted eastward, further away from the 50’ zone. The driveway would have to be relocated. Mr. O’Connor stated they are trying to have living space on one floor as they age. Michael Fisher expressed concern with the compost bin and many pathways right up to the wetland. Ben Fairbank encouraged the applicant to consider installing an advanced I/A system, and if they reduced the shell driveway within the 50’ buffer zone, he would be in favor. Mr. O’Connor stated that the driveway supports all four buildings and that they were not interested in moving it or in installing an advanced I/A system. Ms. Sprague requested a continuation 10/19/22. Barbara Brennessel moved to continue to 10/19/22; seconded by Marty Murphy. Vote: Leon Shreves aye; Barbara Brennessel aye; Ben Fairbank aye; Marty Murphy aye; and Michael Fisher aye. 5-0.
Marty Murphy moved to adjourn the meeting at 7:00 pm; seconded by Barbara Brennessel. Vote: Leon Shreves aye; Barbara Brennessel aye; Ben Fairbank aye; Marty Murphy aye; and Michael Fisher aye. 5-0.
Respectfully submitted,
Christine Bates, Committee Sec’y
Documents:
Boehringer: Letter from engineer stating in compliance and planting plan
Giotto: NOI and back up material
SLA Nominee: Request for amendment for OOC
Tansey: RDA and back up material
Coates: RDA and back up material
Kaplan: NOI and back up material
O’Connor: NOI and back up material