Approved Conservation Commission Mtg Mins

Meeting date:

Wednesday, December 7, 2022

Approved Wellfleet Conservation Commission Meeting Minutes

December 7, 2022

Zoom Meeting

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

Regrets: Chair Leon Shreves

4:00 pm Business Meeting

Michael Fisher moved to elect Barbara Brennessel as the Acting Chair for the meeting; seconded by Marty Murphy. VOTE: Michael Fisher aye; Marty Murphy aye; Barbara Brennessel aye; and John Cumbler aye. 4-0.

Acting Chair Barbara Brennessel opened the Business Meeting.

2023 Swim /Run Event: Andy Scherding and Kathleen Walker addressed the Commission’s concerns from the previous meeting. Photographs were supplied to the Commission identifying the various proposed entrances and exits at each of the relevant ponds. Participants will start at graduated times and reach the ponds at various times so there will be no crowding. They will use Option 4b for Great Pond: having the start and finish use public beaches/landings. Barbara Brennessel thanked both Kathleen and Andy for their well-planned event and the visuals they provided. Agent Hillary Greenberg-Lemos will sign off on the use of Town property. Barbara Brennessel moved to approve the event using Option 4b for Great Pond; seconded by Michael Fisher. Marty Murphy aye; Barbara Brennessel aye; Michael Fisher aye; and John Cumbler aye. 4-0

Mail / Discussion

Jurisdictional Opinions

25 Heron Point Rd. Map 40, Parcels 5 and 5.1. Agent Greenberg-Lemos will ask the property owner to come to the January 4, 2023 meeting to discuss the project.

The Pearl, 250 Commercial St, Map 21, Parcel 106– pavers for the ice machine. Agent Greenberg-Lemos stated that no spacings for the placement of the pavers were proposed since the ice machine requires a very sturdy base. The ice machine is located directly outside of the kitchen door, and it is already a disturbed area. Barbara Brennessel moved to approve the Jurisdictional Opinion; seconded by Michael Fisher. VOTE: Marty Murphy aye; Barbara Brennessel aye; John Cumbler aye; and Michael Fisher aye. 4-0.

David Moulton, 115 Main Street, Map 15, Parcel 122. Agent Greenberg-Lemos stated that this property has a pottery shop. There will also be a separate after-the-fact RDA for their paving of the ends of their driveway. Agent Greenberg-Lemos met with the new owner and the following work is proposed under this JO: remove one locust tree to increase solar exposure, remove various Norway maple and locust tree saplings, prune the dead branches of cedar trees, plant blueberry bushes, and restore the raised garden beds on the left side of the house. John Cumbler moved to approve the Jurisdictional Opinion; seconded by Marty Murphy. VOTE: Marty Murphy aye; John Cumbler aye; Barbara Brennessel aye; and Michael Fisher aye. 4-0

Michael Fisher is the representative for the Conservation Commission to the Community Preservation Committee. He stated that the CPC voted to award $150,000 for a new Open Space Conservation Fund to be used by the Commission (while respecting CPA restrictions) with each project requiring the approval of the Selectboard but without having to get approval for each project from a Town Meeting. Details must be worked out for the Town Meeting Warrant authorizing this proposed fund.

Michael Fisher continued that the CPC annually requires a Needs List from each of its affiliates. He presented (and will circulate to the Commission) the current Open Space Needs List. Barbara Brennessel moved to approve this Open Space Needs List; seconded by Marty Murphy. VOTE: Marty Murphy aye; Barbara Brennessel aye; Michael Fisher aye; and John Cumbler aye. 4-0. The Selectboard will be hearing about the work of the Open Space Committee and the Conservation Commission in January.

Meeting Minutes

Marty Murphy moved to approve the amended 11/2/22 meeting minutes; seconded by John Cumbler. VOTE: Barbara Brennessel aye; Marty Murphy aye; Michael Fisher aye; and John Cumbler aye. 4-0.

John Cumbler moved to approve the amended 11/16/22 meeting minutes; seconded by Marty Murphy. VOTE: Barbara Brennessel aye; Marty Murphy aye; Michael Fisher aye; and John Cumbler aye. 4-0.

(Ben Fairbank joined the Business Meeting.)

Agent Greenberg-Lemos reported she had received complaints from shell fishermen regarding work on the Commission-approved living shoreline project on Indian Neck: Yankelovich 1999 Trust Agreement, 374 & 376 King Phillip Road, Map 35, Parcel 182. The shell fishermen felt that the project was creating erosion and is killing trees. Several dead turtles (possibly terrapins) were reported last week. Barbara Brennessel stated that there must be documentation to back up any complaints about killing terrapins or other endangered turtle species. Agent Greenberg-Lemos will consult with the shell fishermen.

Agent Greenberg-Lemos stated that there are 4 parcels on Blue Heron Lane that were acquired by the Town. There is a dilapidated building on one of the lots and this needs to be removed before the Conservation Commission can accept this parcel as Open Space. The Selectboard is aware of the issue and Agent Greenberg-Lemos will follow up with the Selectboard.

John Cumbler stated that it appeared sand renourishment had taken place at 1440 Chequessett Neck Road. Agent Greenberg-Lemos asked Mr. Wilkinson if they had done any work there recently and he replied that renourishment sand had been placed there several months ago. He supplied a photograph, which was circulated to the Commissioners. Agent Greenberg-Lemos will find out more.

John Cumbler stated that he received a phone message at home regarding work done on a property on Lt. Island. Agent Greenberg-Lemos determined from the description that it was the Mandell property, 41 9th St., Map 40, Parcel 155, which is currently before the Zoning Board of Appeals. The Conservation Commission issued an Order of Conditions in 2020 which is still valid.

Marty Murphy moved to close the Business Meeting at 4:20 pm; seconded by John Cumbler. VOTE: Marty Murphy aye; John Cumbler aye; Barbara Brennessel aye; Michael Fisher aye; and Ben Fairbank aye. 5-0.

5:00 Public Hearings

In attendance: Acting Chair Barbara Brennessel, Marty Murphy, John Cumbler, Michael Fisher, and Ben Fairbank.

Acting Chair Barbara Brennessel opened the Public Hearings

Coser Wellfleet Nominee Trust, 210 Buttry Way, Map 16, Parcel 28, Certificate of Compliance. A letter from a qualified engineer was received stating that this project is in full compliance. Michael Fisher moved to approve the Certificate of Compliance; seconded by Marty Murphy. VOTE: Marty Murphy aye; Michael Fisher aye; Barbara Brennessel aye; Ben Fairbank aye; and John Cumbler aye. 5-0.

Silvergray LLC, 55 Erics Way, Map 8, Parcel 70, NOI, remove 4 dead trees, prune 1 tree and trim an additional tree. remove a maple tree, revegetate, add a paved patio. Dan Silverman, owner, Jeremy Young, landscaper, and David Lajoie, engineer, were in attendance. Dan Silverman stated that they want to provide upgrades to the property. This is a duplex and not a single-family home (so the NOI application should be changed from “single family” to “other”). There was discussion regarding the proposed patio which will be 525 square feet, within the 50’ Filter Strip, and closer to the wetland than the existing house. Jeremy Young provided a list of all the plants which were to be removed which included knotweed, various other weeds, and ornamental plants which are not healthy. He stated that they will revegetate with native plants. David Lajoie stated that the construction notes identify the plants. Jeremy Young stated that the patio flagstones would be set at 4- to 6-inch spacing, so water would go between the stones; they are already using this area for seating. The Commission request a site plan that identifies the square footage of all disturbed areas on the property, including the driveway, etc., that are within the Buffer Zone. Mr. Young stated that the grading would not allow for relocating the patio. John Cumbler recommended that an enhanced I/A septic system be installed. Discussion continued regarding the tree removal and the Commission asked if the paved patio area could be reduced in size. Barbara Brennessel recommended replanting a tree for each removed tree. Jeremy Young will provide a new site plan and is willing to change the materials for the patio to crushed shells or gravel and reduce it in size. With the concurrence of the applicant, Michael Fisher moved to continue to January 4, 2023; seconded by Barbara Brennessel. VOTE: John Cumbler aye; Ben Fairbank aye; Michael Fishier aye; Barbara Brennessel aye; and Marty Murphy aye. 5-0

Wechsler, 101 Samoset, Map 28, Parcel 110, RDA, Maintenance repairs to concrete seawall. John Bologna, engineer, stated that the wall was erected in the 1980s and there have been some repairs over the years. This project will consist of reapplication of a coating over the concrete. There will be no impact to the habitat or other resources. There will be no work on the existing anchors into the soil other than cleaning them. He was not aware if the stairs have identification on them, but he will do that if there is none currently. Agent Greenberg-Lemos stated that it appeared there has been no beach renourishment on this property and the Commission may want to add that to this project. Barbara Brennessel stated that this should be done in concert with the Shellfish Warden. Mr. Bologna will put together a proposal for nourishment and stated that there will be no excavation on the back to the footings. There will be no toxic materials left on site. With the concurrence of the applicant, John Cumbler moved to continue to January 4, 2023; seconded by Barbara Brennessel. VOTE: Barbara Brennessel aye; John Cumbler aye; Marty Murphy aye; Michael Fisher aye; and Ben Fairbank aye. 5-0.

Meader, 206 Holbrook Ave, Map 14, Parcel 161, NOI, addition to dwelling. Ms. Wechsler, Charles Wentz of Ponderosa Landscape, and Ted Smith, architect, attended. Mr. Smith stated that this is a small addition to the house, but it is within the Buffer Zone. There will be a standard strip footing, with a minimal amount of earth moved, using a small Bobcat. Barbara Brennessel requested the total disturbance area on the property, since it looks like there will be a shower, a shed, etc. Charles Wentz stated that there are currently approximately 655 sq ft. of disturbance within the 100 foot and that 700 sq. ft. more disturbance will be added. John Cumbler stated that he believes an enhanced I/A septic system should be installed if they want a patio, shed, and walkways. The owner’s recollection about the septic system does not accord with the Health Department records that there is an old Title 5 septic system with several variances. With the concurrence of the applicant, Michael Fisher moved to continue to January 4, 2023; seconded by John Cumbler. VOTE: Barbara Brennessel aye; Marty Murphy aye; Ben Fairbank aye; John Cumbler aye; and Michael Fisher aye. 5-0.

Miller, 600 Chequessett Neck Rd., Map 19, Parcel 63, NOI, upgrade septic, tree removal and restoration of landscaping. Jason Ellis represented the applicant and described the property and the failed cesspool. Because of the slope, the area of the proposed septic system is defined as a coastal bank. He described the location of the well and other features. Access to the construction may include removing the patio, which will then be replaced on the same site. Jason stated that in the septic upgrade area there would be 6 to 8 trees removed (some of which are dead) and other vegetation would be planted. There are also nine trees east of the driveway that the applicant proposes to remove for the safety of his powerline and also as a viewshed for an abutter. Jeremy Young stated that some of the pine trees by the driveway have turpentine beetles. Some trees are coming down during storms. Stumps from the trees will remain. Michael Fisher stated that the removal of these nine trees evidently has nothing to do with the septic upgrade and should be considered a separate filing. Three of these trees are on Town-owned land which cannot be removed without Town approval. Barbara Brennessel also expressed concern with the removal of the trees. John Cumbler feels the tree removal should come back under a new filing but is happy to approve the septic system. The abutter stated that they would replant whatever is necessary. A planting plan for the tree area (not the septic) will be submitted. With the concurrence of the applicant, Barbara Brennessel moved to continue to January 4, 2023; seconded John Cumbler. VOTE: Michael Fisher recused; Barbara Brennessel aye; John Cumbler aye; Ben Fairbank aye; and Marty Murphy aye. 4-0.

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

Regards,

Christine Bates, Committee Secretary

Documents:

Silvergray LLC: NOI application and back up materials

Wechsler: RDA application and back up materials

Meader: NOI application and back up material

Miller: NOI application and back up materials

2022 Open Space Needs list for CPC

1. Preserve threatened resources especially in ACEC land.

2. Protect regional water supply/aquifer.

3. Protect regional wetlands and bordering areas.

4. Protect shellfishing/wildlife habitat.

5. Preserve special and unique native vegetation.

6. Provide links with existing conservation land for wildlife corridors.

7. Protect for limited and appropriate public access land near ocean, bay and ponds.

8. Seek land for passive recreation.

9. Continue to educate the population regarding the benefits of conservation, and the relationship between excessive growth and ground water quality, waste disposal, harbor health, natural resources, and town character.