Approved Conservation Commision Mtg Min.

Meeting date:

Wednesday, September 18, 2019

Approved

Conservation Commission

Meeting Minutes

September 18, 2019 4:00 pm

Town Hall Meeting Room

Attendees: Deborah Freeman, Barbara Brennessel, Michael Fisher, and John Portnoy as well as Agent Hillary Greenberg-Lemos and Christine Bates, Committee Secretary

Regrets: John Cumbler

4:00 - Business Meeting & Conservation Agent's Report

Agent Hillary Greenberg-Lemos called to say she would be arriving late to the meeting due to the need to issue a press release on the findings of EEE in the Wellfleet sample. ..

Mail / Discussion

Agent Greenberg-Lemos reported the Cape Cod Health Care Community has been collaborating with other towns and that they are currently working on investigating harmful cyanobacteria blooms in freshwater ponds.

October 19: MACC conference.

Agent Greenberg-Lemos wrote and issued violation letters to two different properties regarding tree cutting and an attempt to remove salt marsh vegetation. She requested that the property owners contact her.

Laruen McKean sent a “save the date” for October 17 – 18 in Springfield MA regarding how towns can enforce environmental laws to promote climate change resiliency.

Agent Greenberg-Lemos stated abutters (DuBeau) of 40 Richmond Lane, which has a Conservation Restriction held by the Wellfleet Conservation Trust, which to remove the crown of a tree which is reducing their view. Michael Fisher recuses himself since he is a Trustee of the WCT. The DuBeau application is supported by a n arborist’s letter proposing that the work will be done in the winter months. Agent Greenberg-Lemos stated she, and in the past the Commission, is in favor of pruning to thin the canopy, not topping the trees, and will so inform the DuBeau’s.

715 Chequessett Neck Rd: Barbara Brennessel who is the supervisor, stated the whole project is in the buffer zone and she couldn’t determine the amount of disturbance. She stated a shower had been added which was not on the original plan. There was a request that the pad be enlarged (5’ x 12’ 7”) which will amount to a 28 sq ft increase. Agent Greenberg-Lemos will pull the file, review it, and get back to the owners/engineers to discuss the situation..

Debby Freeman stated that many projects are not notifying Commission supervisors of the start of work, as required. She recommended fines.

Agent Greenberg-Lemos reported there is an appeal with the ZBA regarding town owned land and picnic tables in the harbor area (just seaward (south) of the Hay’s property). In the 1990s the Conservation Commission placed a condition on the property for de-watering of harbor dredged material. The condition is that the area be re-vegetated with American beachgrass after the spoil has been dewatered and removed. The area has since been used as a picnic area for Mac’s Restaurant, albeit open for general public use. She stated if there is a new permit for dredging, then the Conservation Commission can resume the grass planting. Ms. Lemos will look at the 1990s order to see the long-term plan for this publicly-owned original dune field, especially relative to future dredging, spoil disposal and vegetation.

Agent Greenberg-Lemos reported the CZM grant kick-off was held today.

DLTA: nothing to report

Jurisdictional Opinions - none

Meeting Minutes Barbara Brennessel moved to approve the amended 9/4/19 meeting minutes; seconded by Michael Fisher; passed 4-0.

PUBLIC HEARINGS: 5:00

Wales, Lots 20 and 11, Block A, Pleasant Point Rd., 180 Pleasant Point Rd., Map 35, Parcels 114 and 210, Certificate of Compliance Agent Greenberg-Lemos stated that these are old orders from 1986 for a wooden bulk head. Pictures were provided. Barbara Brennessel moved to approve the Certificate of Compliance; seconded Michael Fisher; passed 4-0. There is a condition of on-going beach renourishment in perpetuity.

McFarlane, Lots 8 and 9, Block 9, Pleasant Point Rd., 170 Pleasant Point Rd., Map 35, Parcels 112 and 210, Certificate of Compliance. Agent Greenberg-Lemos stated that this is from 1986 and pictures were provided. John Portnoy moved to approve the Certificate of Compliance; seconded by Barbara Brennessel; passed 4-0. On-going beach renourishment is a condition in perpetuity.

Ment, 10 Main St., Map 15, Parcel 1, NOI, Replace failed brick masonry foundation with new concrete foundation. Marshall Puffer and Trudy Vermehren came to the table and provided information on the project. The oldest portion of the foundation requires replacement and the footprint will remain the same. Agent Greenberg-Lemos requested the Civil Engineer supply information regarding the stormwater management. John Portnoy moved to approve the NOI; seconded by Barbara Brennessel; passed 4-0. (There is a condition to provide construction protocol and plans).

Thompson / Romano, 5 Holbrook Ave., Map 21, Parcel 105, AOOC. David Lajoie and Tim Thompson and Rachael Romano came to the table. David Lajoie stated that the proposed changes are to include front step stone work, a propane slab, rinse station (outside shower) under the deck, cover existing leach area with bark mulch, general planting on the front area, add on to the existing deck, have stairs to the leach area (from the first floor), install a stone walkway from the existing drive, put in a split rail fence on the landward side of the driveway, and a retaining wall next to the propane tank. Meeting minutes of 06/07/17 were read into the record and John Portnoy reviewed the special orders for the Order of Conditions. A new planting plan was submitted (which was not included in the original Order of Conditions). John Portnoy stated that many plants have been planted where fill was to have been removed. In addition, the shrubs that have been planted differ completely from the list provided with the previous application. The plantings took place prior to this hearing, therefore, there will be a $1,000 after-the-fact filing fee. Mr. Thompson stated that he met with the worker and was not happy with the plantings. Alfred Pickard, an abutter, read the conditions from the Zoning Board of Appeals regarding the stairs. He stated that there are no files in the building department for a new deck, which could become a room, and will affect the buffer zone. The Commission stated that the fill has to be removed as well as the plants, but the tress are to be saved. Blueberry bushes should not be in the area that is to be lowered in elevation. Fill is to be removed down to the land-surface elevation of the Phragmites in the adjacent marsh. The original planting plan had different plants identified and the Commission needs to see a new planting plan and protocol to ensure survival of the plants. Barbara Brennessel recommended the work from the original order be completed. There was discussion regarding the front of the house which included the stairs, the large stones and amount of fill required. David Lajoie will provide a revised plan, which will include the specifications for the outdoor shower as well as the expanded deck for the grill, new stairway, placement of fill and stones, and the retaining wall(s). John Portnoy moved to continue to 10/2/19; seconded by Barbara Brennessel; passed 4-0.

Elliot, 3 Indian Neck Rd., Map 28, Parcel 231.2, RDA, deck repair/replacement and repair/replace trim boards on house associated with deck work. Andrew Moore represented the applicant and gave an overview of the project. The current materials are failing. There will be no in-ground work done and no new structural work. Barbara Brennessel identified the RDA as a negative 3; seconded by John Portnoy; passed 4-0.

Snape, 95 Newcomb Hill Rd., Map 12, Parcel 81, NOI, Excavation for construction of a foundation addition, replacement deck piers and footings. Jay Ellis represented the applicant and stated all work is within the existing footprint. The commission stated the slope requires some vegetation as mitigation for the work to be performed. The commission would like to see a planting plan where the erosion is. The new foundation will be for a furnace, water tank, and storage. Mr. Ellis will provide a planting plan to the agent. Barbara Brennessel moved to approve the NOI; contingent upon receiving a new revegetation plan; seconded by Michael Fisher; passed 4-0.

Farmer, 2072 Weatherly Ave., RDA, Build a 26’x10’ wooden deck. Rob Farmer and Maria Hollis came to the table. Mr. Farmer stated he would like to build a pressure treated deck supported by sonotubes. The Commission suggested using diamond piers instead. The deck will be free standing. Agent Greenberg-Lemos asked if he could raise the entire trailer above the flood zone (13-ft NAVD88) and Mr. Farmer stated it would be very costly. Agent Greenberg-Lemos read standards for the Wellfleet Environmental Protection Act for all activity within flood plains. She is concerned with all the projects taking place within the FEMA-designated flood zone at Harborside Village. She requested a plan to identify how the deck will be tied down. Agent Greenberg-Lemos recommended Mr. Farmer provide information to the Building Inspector to see if this would be considered new construction within the flood plain prior to the Commission making a decision. Mr. Farmer stated he spoke with the Building Inspector and was told if it was less than 30” off the ground, no permit would be required (since he would be below the 850 Sq. ft. allowed). Barbara Brennessel moved to continue to 10/16/19; seconded by John Portnoy; passed 4-0.

Barbara Brennessel moved to adjourn at 6:30 pm; seconded by John Portnoy, passed 4-0.

Respectfully submitted,

Christine Bates, Committee Secretary