Approved Conservation Commission Mtg Mins

Meeting date:

Wednesday, April 19, 2023

Approved

Wellfleet Conservation Commission

May 3, 2023

Zoom Meeting

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

4:00 pm Business Meeting

Chair Leon Shreves opened the Business Meeting

Jurisdictional Opinion: DPW at 194 Old Wharf Road – will come at a future meeting.

Jurisdictional Opinion: Bookstore Restaurant, 50 Kendrick Avenue, Map 20, Parcel 3, fix potholes in parking lot by regrading the present gravel. Barbara Brennessel moved to approve the Jurisdictional Opinion; seconded by Marty Murphy. VOTE: Barbara Brennessel aye; Marty Murphy aye; Bob Stewart aye; Michael Fisher aye; John Cumbler aye; Leon Shreves aye 6-0

Meeting Minutes – Marty Murphy moved to approve the 4/19/23 amended meeting minutes; seconded by Barbara Brennessel. VOTE: Barbara Brennessel aye; Marty Murphy aye; Bob Stewart aye; Michael Fisher aye; John Cumbler aye; Leon Shreves aye 6-0

Ben Fairbank joined the meeting.

The Commission had a discussion regarding the property on Blue Heron Road, recently acquired by the Town. There is an existing structure on it which 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 has followed up with the Selectboard. The original discussion took place on December 7, 2022.

There was a general discussion about WPA violations on rented property: is the owner responsible for infractions? Agent Greenberg-Lemos stated that if it could be proved with photographs of the infractions, the owner would receive the violation letter. If there is no satisfactory response, enforcement would take place (with a possible $200 / day fine).

Certificate of Compliance for 135 Truro Road; the owner, Larry Kaplan, has requested to discuss this with the Commission at the next meeting.

Barbara Brennessel stated that she would be taking a sabbatical this summer but will be available if needed for meetings. John Cumbler will be absent June 7.

Agent Greenberg-Lemos will be a part of the interview process for her replacement.

Marty Murphy moved to adjourn the business meeting; seconded by Michael Fisher. VOTE:

Barbara Brennessel aye; Marty Murphy aye; Bob Stewart aye; Michael Fisher aye; John Cumbler aye; Leon Shreves aye; and Ben Fairbank 7-0

5:00 Public Hearings

Chair Leon Shreves opened the Public Hearings

Korgen, 20 Ryder Court, Map 14, Parcel 11, NOI, Addition of decks and a porch onto existing dwelling (Cont’d). Lauren Scholfield represented the applicant and shared a revised site plan on her screen with the Commissioners. She identified the various resource areas and reviewed the project. The porch and the deck have been redesigned: The porch has been reduced by 85 sq. ft. and now mostly will fit within the existing footprint, with only a small amount in the 50’ filter strip. The deck has been reduced 104 sq. ft. in size. Including the removal of the existing shed, there is a net reduction in the area of structures within 50’ filter strip. Two additional trees were added to the planting plan as well as wood chips for the outdoor shower. The Commission felt the applicants responded to concerns expressed in the earlier meeting. Leon Shreves would like to condition there be no storage under the deck. John Cumbler moved to approve the NOI with this Condition; seconded by Marty Murphy. VOTE: Barbara Brennessel aye; Marty Murphy aye; Bob Stewart aye; Michael Fisher aye; John Cumbler aye; Leon Shreves aye; Ben Fairbank abstained 6-0-1 Supervisor: Michael Fisher.

Melvin, 35 Holbrook Ave., Map 20, Parcel 138, NOI, Demolish and reconstruct dwelling (Cont’d) Brian Donahoe represented the applicant. The past meeting minutes on this application were shared with the Commission. Brian Donahoe reviewed the revised plans for a new three-bedroom house and identified the right of way to the property. He directed the Commission to a 1964 site plan identifying this house and the location of the wetlands. That site plan was drafted before the Wetlands Protection Act. Another 1970 site plan identified the two dwellings on the plan. The Commission stated their continuing concerns about parking within the filter strip. The current and earlier site plans (including the one approved on 12/28/22) do not identify any parking area. Donahoe stated that there would be 2 parking spaces on a pad under the new three-bedroom house. The Commission’s concerns regarding the current parking on the lawn within the filter strip were repeated several times. The owner has been advertising the previously approved, legally three-bedroom house as a rental with five bedrooms. The two advertised additional bedrooms were included in the basement, within the flood zone, after it was granted a CO from the Building Dept. There can only be a total of 7 bedrooms on this site between the two houses based on the septic system. Donahoe stated that they could change the number of bedrooms and meet any new conditions on the dwelling approved in 2018 and requested the Commission move forward with this application. The total area of the disturbed area within the buffer zone was not presented despite earlier requests for this from the Commission. Donahoe repeated that the proposed building will be the same area and have less of an impact than the current structure. Chris Snow requested a continuation to come back with an earnest proposal to meet the present restrictions for the structure approved in 2018. There would be special conditions with signage regarding parking, the location of dumpsters, driving mats, rules about how construction is going to occur and identification of time of year, plus anything that impacts parking and access. The trees on the slope provide stabilization and will not be cut down, and if trimmed, the roots will remain. Abutters expressed concerns. Ms. Youngren said that the bank is very unstable and would be damaged by any tree removal. However, she feels the Commission is addressing her concerns. Ms. Nestle stated that there has been damage on her property with erosion due to many vehicles used by the renters and that there are currently problems with parking. This project will have to go before the Zoning Board of Appeals. Michael Fisher moved to continue to June 21, 2023; seconded by John Cumbler. VOTE: Barbara Brennessel aye; Marty Murphy aye; Bob Stewart aye; Michael Fisher aye; John Cumbler aye; Ben Fairbank aye, and Leon Shreves aye 7-0.

Walker, 90 Coles Neck Road, Map 8, Parcel 189, Certificate of Compliance. Agent Greenberg-Lemos stated that no work was performed so the Certificate of Compliance would be for no work done. Leon Shreves moved to approve the Certificate of Compliance; seconded by Michael Fisher. VOTE: Barbara Brennessel aye; Marty Murphy aye; Bob Stewart aye; Michael Fisher aye; John Cumbler aye; Ben Fairbank aye; Leon Shreves aye 7-0.

Zimmerman, 100 Way #26, Map 18, Parcel 3, NOI, Placement of seasonal aluminum stairs and a platform over a coastal bank. A site visit was made. Russell Holden from Ryder Wilcox represented the applicant. He provided information how the stairs would be installed as well as when the work will be done. There will be an aluminum removeable platform on the top of the bank. Russell Holden did not have a picture of comparable installations but stated that there would be two pipes driven into the ground to keep the platform and stairs from shifting. Members of the Commission had favorable things to say about this project but added the Condition that a permanent identification label be added to the stairs. DEP and NHSEP have not yet approved this project. Michael Fisher moved to continue to May 17, 2023, seconded by Leon Shreves. VOTE: Barbara Brennessel aye; Marty Murphy aye; Bob Stewart aye; Michael Fisher aye; John Cumbler aye; Ben Fairbank aye; Leon Shreves aye 7-0.

Morin, 212 Holbrook Ave., Map 14, Parcel 162, RDA, septic system upgrade Jason Ellis represented the applicant and stated that the property is for sale and requires a septic upgrade which will be an IA system. They want to abandon the existing well and hook up to town water. One portion of the leach area will be under the driveway. There will be a town wastewater system in the future. John Cumbler moved the RDA as a Negative 3; seconded by Leon Shreves. VOTE: Barbara Brennessel aye; Marty Murphy aye; Bob Stewart aye; Michael Fisher aye; John Cumbler aye; Leon Shreves aye; and Ben Fairbank aye. 7-0

Leon Shreves moved to adjourn at 7:45 pm; seconded by Michael Fisher. VOTE: Barbara Brennessel aye; Marty Murphy aye; Bob Stewart aye; Michael Fisher aye; John Cumbler aye; Leon Shreves aye; Ben Fairbank aye. 7-0.

Respectfully submitted,

Christine Bates

Documents:

Korgen – revised plans

Melvin – revised plans

Walker – Request for Certificate of Compliance

Zimmerman – NOI and backup materials

Morin – RDA and backup materials