Approved Conservation Commission Mtg Mins

Meeting date:

Wednesday, October 5, 2022

Approved

Wellfleet Conservation Commission

October 5, 2022

Zoom Meeting

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

4:00 pm Business Meeting

Chair Leon Shreves opened the Business Meeting

Jurisdictional Opinion: 88 Hiawatha Rd, Map 28, Parcel 180, Barbara Brennessel moved to approve the Jurisdictional Opinion to allow the exact replacement of a 6’ x 8’ shed within the flood zone; seconded by Michael Fisher. VOTE: Leon Shreves aye; Michael Fisher aye; Ben Fairbank aye; Barbara Brennessel aye; and Marty Murphy aye. 5-0. (John Cumbler had not arrived yet).

Agent Greenberg-Lemos reported that she had sent another notification to the property owners of 44 Bay View Road, Map 8, Parcel 222where cutting of trees was performed without permission. They were advised to fill out an application, of which they did not do, nor did they attend the business portion of a meeting. Agent Greenberg-Lemos has already sent a letter notifying them of a $200 fine. The Commission unanimously agreed that an additional $200 fine should be sent to them.

John Cumbler moved to approve the amended September 21, 2022 meeting minutes; 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

There was discussion regarding a Commissioner missing a meeting and participating in hearings continued from that meeting. According to state regulations, if that Commissioner reads the meeting minutes or listens to the taped transcript, and signs 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, and submits it to the Town Clerk, that Commissioner is allowed to vote on that continued project.

Notice: State of the Harbor Conference (to be held November 5, 2022)- Please register via MASS Audubon.

John Cumbler expressed concern for the quality of water in town, outdoor showers, cesspools, and enhanced I/A systems. He would also like there to be a condition on all relevant approvals that does not allow the use of fertilizer within 200 feet of the resource.

gent Greenberg-Lemos stated that there will be Board of Health meetings on October 12 and on November 9 regarding new regulations requiring enhanced I/A systems. The Commission will write a letter of support.

4:30: Michael Fisher moved to close the Business Meeting and adjourn until 5:00 pm; seconded by John Cumbler. Leon Shreves aye; Michael Fisher aye; Ben Fairbank aye; John Cumbler aye; Barbara Brennessel aye; and Marty Murphy aye. 6-0.

5:00 Public Hearings

Chair Leon Shreves opened the Public Hearings

Roll call:

Chair Leon Shreves, Clerk Michael Fisher, Ben Fairbank, Barbara Brennessel, John Cumbler and Marty Murphy

Giotto, 344 King Phillip Rd., Map 35, Parcel 178, NOI, reconstruct rock revetment and access stairway with improvements including planting areas (Cont’d from 09/21/22) Don Monroe represented the applicant. He stated that he had a conversation with the home-owners and they want the Commission to issue an Order of Conditions as voted on at the 9/21/22 meeting. Mr. Monroe stated that the septic system that was approved previously was not installed. The I/A system that was recommended after the vote was taken was not a part of the original application. After further discussion, the Commission determined the applicant should receive the Order of Conditions as specified in the last meeting. Barbara Brennessel and John Cumbler had not attended the first hearing and so recused. VOTE: Leon Shreves aye; Michael Fisher aye; Ben Fairbank aye; and Marty Murphy aye. 4-0

SLA Nominee Realty Trust, 1005 Chequessett Neck Road, Map 19, Parcel 94, Request for an Amendment to Order of Conditions. (Cont’d from 09/21/22). At the request of the applicant, Barbara Brennessel moved to continue to November 2, 2022; seconded by Michael Fisher. VOTE: Leon Shreves aye; Michael Fisher aye; Ben Fairbank aye; John Cumbler aye; Barbara Brennessel aye; and Marty Murphy aye. 6-0.

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 (Cont’d from 09/21/22). Jason Ellis said that the owners are willing to upgrade to an I/A septic system and suggested that they could move the expanded decking to the side of the house, still in the 50’ to 100’ buffer zone, but further from the resource. The Commission requested revised plans. Michael Fisher moved to continue to 10/19/22; seconded by Marty Murphy. VOTE: Leon Shreves aye; Michael Fisher aye; Ben Fairbank aye; John Cumbler aye; Barbara Brennessel aye; and Marty Murphy aye. 6-0.

Spar, 3 Nauset Rd., Map 28, Parcel 87, RDA, Placement of 7 ½ x 16 shed. Michael Fisher stated that because it is within the flood zone, it has to be anchored to the ground, using helical anchors or diamond piers. Barbara Brennessel moved to approve the RDA with this Condition and identified it as a Negative 2; seconded by Marty Murphy. VOTE: Leon Shreves aye; Michael Fisher aye; Ben Fairbank aye; John Cumbler aye; Barbara Brennessel aye; and Marty Murphy aye. 6-0.

Comcast Cable Communication Mgmt, LLC, 2nd Lt. Island, various locations, RDA, bury communication cables, conduits, repair and/or install new cables/conduits. Alan Rugman explained the process of placing the cables and other materials into the ground throughout the Island. He identified where the main cables would be located and talked with almost all the homeowners and obtained the necessary easements for installation. He described the process of the installation for the cables. The installation will take place between November 1, 2022 and May 31, 2023. John Cumbler moved to approve the RDA and identify the project as a Negative 2; seconded by Ben Fairbank. Michael Fisher recused himself. VOTE: Leon Shreves aye; John Cumbler aye; Ben Fairbank aye; Barbara Brennessel aye; and Marty Murphy aye. 5-0

Neilan, 107 and 113 Samoset Ave., Map 28, Parcels 109 and 108, NOI, Upgrade septic system, replace concrete walkway. Matt Farrell represented the owners and stated that there is currently a failed system. The owners will apply to the Board of Health to receive grant money for the installation of the Nitro treatment tank and system. The limit of work is 23’ from the coastal bank and he described the locations of the old system as well as the new apparatus. The concrete walkway will be replaced with granite pavers, which will be spaced so water can seep through. Barbara Brennessel advised that they use permeable pavers instead, but the applicant declined to do this. John Cumbler moved to approve the NOI with the Conditions that include no fertilizer will be used on lawns and that there is spacing between the granite pavers in the walkway; seconded by Michael Fisher. VOTE: Leon Shreves aye; Michael Fisher aye; Ben Fairbank aye; Barbara Brennessel abstained; and Marty Murphy aye. 5-0-1

Supervisor: Agent

Wellfleet Condominium, 275 Kendrick Ave., Map 20, Parcel 32, NOI, Seawall repairs and timber wale replacement/repair. Todd Turcotte represented the applicant and shared photographs of the wale which will transfer the load from the wall to the anchors, then go back to an anchor system in the ground, such as concrete or a cottage foundation. This is a maintenance project; in 2005, wall repairs were approved under an RDA and this year, it includes the repair of the wale. There will be no changes in the location of the seawall. Construction protocol drawings were presented to the Commission for better understanding of the construction. There will be no work on the beach and work will be performed with hand tools. Agent Greenberg-Lemos stated that she would like to make another site visit to review the area for sand nourishment of the beach. Turcotte stated that this seawall is pre-existing and has been this way for several years. Ms. Rhodes of Cape Associates is the property manager and said that she will ensure that no fertilizer will be used on the lawns, which was the Condition of a RDA approval on November 7, 2018 for repair of a retaining wall on the site. Other conditions were reviewed. This will be a phased project with some work taking place in the fall and some in the spring. John Cumbler moved to approve the NOI with Conditions; seconded by Michael Fisher. Leon Shreves aye; Michael Fisher aye; Ben Fairbank aye; Barbara Brennessel aye; John Cumbler aye; and Marty Murphy aye. 6-0. Supervisor: Leon Shreves

Haggerty & Ruehli, 30 Lookout Rd., Map 35, Parcel 3, NOI, house lifting to meet FEMA compliance, modify existing access/egress, steps and associated site improvements. Brad Malo represented the applicants and showed photographs of the existing home along with site plans identifying the resources. The house must meet FEMA and building codes within the flood zone. The deck will have to be reconstructed to meet the new heights and new steps will be constructed as well. He identified the various elevations which are associated with the dwelling. There will be ground disturbance. The applicant has agreed to replacing their current septic system with an enhanced I/A system. There was discussion regarding native plantings as mitigation for the 66 square foot increase in the house footprint. John Cumbler moved to approve the NOI with Conditions; seconded by Marty Murphy. Vote: Leon Shreves aye; Michael Fisher aye; Ben Fairbank aye; John Cumbler aye; Barbara Brennessel aye; and Marty Murphy aye. 6-0.

Supervisor: Agent

Christine Bates

Documents:

Giotto – no additional paperwork

SLA Nomination – request for continuation

Kaplan – no additional paperwork

Spar – RDA and back up materials

Comcast Communications – RDA and backup materials

Neilan – NOI and backup materials

Wellfleet Condo – NOI and backup materials

Haggerty and Ruehli – NOI and back up materials