Approved Conservation Commission Mtg Mins

Approved

Wellfleet Conservation Commission

October 19, 2022

Zoom Meeting

In attendance:  Chair Leon Shreves, Clerk Michael Fisher, Barbara Brennessel, Ben Fairbank, and Marty Murphy, Agent Greenberg-Lemos and Christine Bates, Committee Sec’y.

Regrets:  John Cumbler

4:00 pm Business Meeting

Business Meeting

   Discussion on Repurposing Bogs:  Brian and Karen Stern

The Stern’s property at 124 State Highway borders Maurice’s campground.  Pictures of the area were displayed.  They would like to know what use they can have for the property.  There is interest in supporting local people with growing vegetables and/or flowers.  They asked if they could provide a well for watering the plants.  Agent Greenberg-Lemos stated this is labeled as a cranberry bog and this might fall under agricultural regulations.  This is considered a wetland  with a riverfront and a water resource.  There was further discussion regarding the use of the land and the Commission recommended they stop mowing.  Mr. Stern stated the pond has only 40% water level in the pond, there is a moat around the bog and people can physically walk around the bog.  Many issues need to be answered prior to any action such as is this a fish run, what is the historical use prior to a cranberry bog, was it man made or natural.  There is also a concern with habitat in the area.  In discussions with potential flower growers, they stated they would have to bring in some soil and would use manure in the base.  The Commission and the Stern’s will look into the regulations. 

Denny O’Connor:  10 and 11 Paine Avenue.  Mr. O’Connor stated in 2020 the Swain family owned the property.  Parcel 10 has been closed and has a Conservation Restriction, and they have been waiting for the State when they could close 11 Paine Avenue.  Looking for a Conservation Restriction for Lot 11.  The Swain family owns several small lots in the area and have supported the Wellfleet Conservation Trust.  WCT will be the fee owner.  WCT will have to go before the Select Board after the Conservation Restriction is granted.  It is within the ACEC.  Marty Murphy moved to approve the Conservation Restriction; O’Connor stated it has to be acquired by a corporation and not a trust so the Compact is the eventual CR holder.  After several steps required by the State. The Compact will have guardianship of the Conservation Restriction.  Murphy’s motion was seconded by Leon Shreves.  VOTE:  Barbara Brennessel aye; Leon Shreves aye; Marty Murphy aye; Michael Fisher recused; Ben Fairbank aye.   4 – 0 – 1.  Michael Fisher part of Conservation Trust.

Mail / Discussion

Meeting Minutes:  Marty Murphy moved to approve the amended October 5, 2022 meeting minutes; seconded by Barbara Brennessel. VOTE:  Leon Shreves aye; Michael Fisher aye; Ben Fairbank aye; Barbara Brennessel aye and Marty Murphy aye.  5-0. 

Leon Shreves moved to adjourn at 4:48 pm; seconded by Michael Fisher.   VOTE:  Leon Shreves aye; Michael Fisher aye; Ben Fairbank aye; Barbara Brennessel aye and Marty Murphy aye.  5-0.

5:00 Public Hearings

Attending the Public Hearings:  Leon Shreves, Michael Fisher, Barbara Brennessel, Ben Fairbank and Marty Murphy.  Also in attendance was Agent Hillary Greenberg-Lemos and Christine Bates, Committee Secretary.

Sexton, 420 LeCount Hollow Road, Map 31, Parcel 600, Request for 3- year extension to

SE077-1489 Order of Conditions to relocate 4 cottages from the top of coastal bank (Cont’d from January, 2022).  Tim Brady represented the Sexton’s.  A site visit was made by the Commission.    Brady stated it is time to relocate the second cottage outside of the buffer zone.  There is about 17 feet left on the bank and the rate of erosion is approximately 3 feet per year since the original Order of Conditions.  Barbara Brennessel asked if there should be a “trigger” to determine when the cottages should be moved.  The original order was issued Sept. 2018; the Covid extension allowed the orders to be continue and the timeline will be up shortly.  Brady stated the owners are aware of the beach erosion and will take the necessary action when they need to.  Agent Greenberg-Lemos stated the Commission has put triggers on other properties in the area.  She wants to discuss the tight tank approval at a Board of Health meeting and Brady stated there already was approval.  He said all cesspools will be pumped and removed.  Brady stated one of the cesspools is being used by another cottage and believes it was approved on 1/16/20.  Leon Shreves noted  we are trying to preserve the entire bank and questioned why not do the septic system at one time.  Brady could not answer the question.  Brady commented there is no particular manner to save the bank, it is going to erode regardless.  He stated they lift up the cottages and there will be no disturbance.  He stated when the cesspool is dug up, they will refill the hole.  Barbara Brennessel recalled that beach grass was to be planted.  Agent Greenberg-Lemos recommended they supply a new site plan because the bank is in a different location and the buffer zones are different now from 2018.  She doesn’t want to have incorrect footage identifying the buffer zones and wants a paper trail before it could be approved.  Brady states a new plan would have to be done for each cottage.  The Commission would like to see every cottage moved at one time.  Leon Shreves moved to continue indefinitely until we get a revised site plan; Brady stated the extension would be for the entire project.  After reviewing paperwork, it was noted the original Order of conditions was issued in 2015; seconded Barbara Brennessel.  VOTE:  Leon Shreves aye; Michael Fisher aye; Ben Fairbank aye; Barbara Brennessel aye and Marty Murphy 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 (Cont’d from 10/5/22).    Theresa Sprague represented the applicant and stated revised plans were submitted as well as receiving the appropriate NHSP letter.  Letters from abutters was read into the record supporting the project (Cronin and Nealon).  Ms. Sprague stated the fire pit area, chicken wire area, etc.  will be removed which will increase the restoration area.  She reviewed the proposed additions.  Mr. O’Connor stated drywells will be added and gutters will be serving all areas.  All of the disturbance is within the 100-foot buffer zone.  No foundation plan was submitted.  The house will have a full basement and the decking could be on diamond piers.  Barbara Brennessel expressed concern because no new structure can be built within the wetlands under the regulations.  Merrill Mead Fox, Historical Commission, asked if this was built in 1846.  Mr. O’Connor stated other buildings received building permits.  Ms. Fox stated there will be four additional areas constructed (exterior walls).  They have to come before the Historical Commission because this will be considered partial demolition.  During the hearing, Chair Shreves internet went down.  Michael Fisher nominated Barbara Brennessel to be the interim chair; seconded by Marty Murphy.  VOTE:  Michael Fisher aye; Ben Fairbank aye; Barbara Brennessel aye and Marty Murphy aye.  4-0

Michael Fisher stated that we need additional information from the Applicant as well as the Historical Committee and the Building Inspector.  Chair Shreves joined the meeting again.   Mr. O’Connor stated he will provide a new plan identifying the elevations for the house and foundation plans, as well as identifying the helical anchors, etc.  Barbara Brennessel moved to continue to 11/02/22; seconded by Marty Murphy.  VOTE:  Leon Shreves aye; Michael Fisher aye; Ben Fairbank aye; Barbara Brennessel aye and Marty Murphy 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 (Cont’d from 09/21/22).  Jason Ellis represented the applicant and stated they will not proceed with the deck portion at the back of the house.  They will replace the existing deck and build a screened porch above the existing deck. There will be no outdoor shower.  The existing stairs are terraced and Mr. Ellis doesn’t feel the need for another entrance.  There will be a drywell for the screened porch.  Everything will be in the same footprint.  Barbara Brennessel moved to approve the NOI; seconded by Marty Murphy.  VOTE:  Barbara Brennessel aye; Marty Murphy aye; Michael Fisher aye; Leon Shreves aye; and Ben Fairbank aye. 5-0.  Supervisor:  Agent

Agent Greenberg-Lemos wanted to review Bylaw Article 3 extensions (general knowledge), if any work is not completed within 3 years of the original Order of Conditions, a new NOI has to be filed.  In lieu of filing a new NOI after a request in writing and a hearing has been held, an extension cannot exceed two years. 

Leon Shreves moved to adjourn at 6:00 pm; seconded by Marty Murphy. VOTE:  Barbara Brennessel aye; Marty Murphy aye; Michael Fisher aye; Leon Shreves aye; and Ben Fairbank aye.  5-0.

Respectfully submitted,

Christine Bates, Committee Secretary

Documents:  Sexton – none

                      O’Connor – Revised site plan

                      Kaplan – none