Approved Conservation Commision Mtg Min.
Approved
Wellfleet Conservation Commission
Meeting Minutes
October 2, 2019 7:00 pm
Town Hall Meeting Room
Attendees: Deborah Freeman, Barbara Brennessel, John Portnoy, John Cumbler, Michael Fisher, Agent Hillary Greenberg-Lemos and Mary Rogers, Committee Secretary
4:00 - Business Meeting & Conservation Agent's Report
Mail / Discussion
A letter addressed to the Commission from the Wellfleet Shellfish Dept was received thanking the Park Service and the Conservation Commission for their cooperation regarding cultching within the harbor (photographs included with the letter).
A letter was sent from the Shellfish Advisory Board to the Select Board stating shell fishermen want to increase the height of the over-wintered gear from four to six inches above the sea bed. The Shellfish Advisory Board also recommended a fine for shell fishermen whose gear breaks free and washes up on shore. The Shellfish Advisory Board was not in favor of the shell fishermen’s proposals; however, the Select Board approved the increase in allowable gear exposure.
Violation letter for 114 Howland Rd. was sent by the Conservation Agent regarding mowing next to and within a certified vernal pool (the breeding site for State-threatened spadefoot toad). The green card was returned to the office. Deborah Freeman recommended a $200 fine per day because the property owner has not contacted the Conservation Dept. in advance or subsequently. The owners live out of state, and Deborah questioned if the tenants were performing the mowing. There is concern with possible repeated parking violations on the property during the Oyster Fest. John Cumbler recommended sending a police officer to tell the tenants that no parking is permitted there. Agent Greenberg will tape a copy of the letter she sent to the owners of the property on the tenant’s front door. If parking does takes place, Deborah recommends a $200.00 per day per violation fee and confiscation of any profits from parking charges.
The Conservation Commission will send a letter to the Select Board recommending that the Town hire an engineer to assess construction of a barrier to prevent flooding of Preservation Hall lot from any Wesley Swamp overflow, once the Town stops this illegal wetland pumping. The DPW stated they were in favor of having someone look at it.
Agent Greenberg-Lemos sent a letter to Michael Pierce at 925 Chequessett Neck Rd. stating vegetation had been removed from the back of the property. Mr. Pierce stated it was not him.
At 4:25 pm, Deborah Freeman, Chair, requested the Commission enter into Executive Session to discuss litigation issues for 1440 Chequessett Neck Road. John Portnoy, yes; Barbara Brennessel, yes, Michael Fisher, yes, John Cumbler, yes; and Deborah Freeman, yes.
At 4:40 pm the Business portion of the meeting was reconvened.
The Commission will review and rule on the NOI for the Herring River Restoration Project. There is concern whether Commission members who serve or have served on the Friends of Herring River Board or the Wellfleet Conservation Trust that owns property within or that abuts the project, may be unable to vote due to a real or perceived conflict of interest. The Commission is lacking two members at the present time, aggravating the quorum problem. Agent Greenberg-Lemos requested that each member of the Commission write up a description of her or his involvement with the Herring River Restoration Project and said she will pursue getting legal counsel to opine regarding this issue. The Commission feels that we have to move on this by January 2020.
Bruce Hurter, the Open Space Committee Chairman, made a presentation on Town-owned property available for possible transfer to the management of the Conservation Commission. There are two groups of property:
Map 35.1, Parcels 210, 209 and 201 which are all within the wetland buffer zone. Mr. Hurter stated the land will be surveyed and staked to identify the path. The property will not be suitable for Affordable Housing.
Map 20, Parcels 11, 12 and 16. On Parcel 31, the DPW dumps sand at Keller’s Corner to maintain the road; therefore the Commission chose not to accept control of this parcel.
John Portnoy moved to recommend all the properties (Map 35.1; parcels 210, 209 and 201 as well as Map 20, Parcels 11, 12 and 16), except Keller’s Corner (20:31), be transferred to the Conservation Commission; seconded by Barbara Brennessel; passed 4-0. John Cumbler abstained.
Jurisdictional Opinions: to be addressed after the Public Hearings.
Meeting Minutes: Barbara Brennessel moved to approve the amended Sept 18, 2019; seconded by Michael Fisher; and passed 4-0.
PUBLIC HEARINGS: 5:00
Town of Wellfleet, 335 Main Street, Map 14, Parcel 173 (Preservation Hall), Certificate of Compliance. Agent Greenberg-Lemos stated the project is complete and in compliance. Barbara Brennessel moved to approve the Certificate of Compliance; seconded by John Cumbler; and passed 5-0.
Thompson /Romano, 5 Holbrook Ave., Map 21, Parcel 105, AOOC. At the request of the applicant, Barbara Brennessel moved to continue to 10/16/19, seconded by John Portnoy; and passed 5-0.
Farmer, 2072 Weatherly Ave., RDA, Build a 26’ x 10’ wooden deck (Cont’d) Mr. Farmer stated he called Justin Post, the Building Inspector, who ruled that the project would not require FEMA compliance (elevation above 13 ft – NAVD88) because the deck would not be over 50% of the value of the trailer. Justin Post recommended a specific type of tie down to fasten the post to the concrete. Town Council is going to give further information regarding construction in trailer parks which are treated differently than homes. The deck cannot be attached to the building. Mr. Farmer stated the cost of the deck would be $1,500. Farmer stated his trailer is approximately 50 years old. Agent Greenberg-Lemos stated she did not feel a deck would be considered new construction (i.e. subject to FEMA flood-zone compliance) because it is uninhabitable. Michael Fisher suggested identification tags be placed on each building component so that the owner could be identified in the event that it was washed away by a flood. Agent Greenberg-Lemos read the performance standards. Mike Fisher identified the RDA as a Negative 2; seconded by John Portnoy; and passed 4- 1 (John Cumbler opposed)
Dean, 260 Lieutenant Island Rd., Map 41, Parcel 42, NOI, replace deck. Michael Fisher recused himself. Agent Greenberg-Lemos stated no fees were submitted. Scott Collum represented the applicant and stated the owners want to replace the 30+ year old deck. Two sono-tubes will be used for support. Barbara Brennessel stated the plan did not identify the disturbance on the property and requested a new site plan. John Cumbler stated there was no mitigations to this project. John Portnoy stated that there was a raised garden area built where sand was thrown over the bank, all without a permit. Mr. Collum said that this raised garden structure would be removed. Mr. Collum will supply a new plan showing the removal of the current deck under the proposed decking which will allow more light to the area, as well as identifying mitigation and location of the sono-tubes. John Portnoy moved to approve the NOI; seconded by Barbara Brennessel; and passed 4-0 (Michael Fisher abstained). Supervisor: Barbara Brennessel
Kenney, 50 Lookout Rd., Map 35, Parcel 5, Certificate of Compliance, prune and remove trees for view corridor, vegetate by planting native vegetation near coastal bank and vegetate around the foundation. Charles Wentz from Ponderosa Landscaping stated the area looked good and was in compliance. Barbara Brennessel moved to approve the Certificate of Compliance; seconded by Michael Fisher; and passed 5-0.
Coser & Perrin, 210 Buttry Way, Map 16, Parcel 618, NOI, repairs to existing residence, replace deck. Tim Dickey represented the applicant and stated there will be a reduction to the footprint in the back of the dwelling. The screen porch and back deck will be removed, and the front deck will be rebuilt. Natural Heritage had not responded. The Commission expressed concern with the boat storage on the grass by the pond, as well as additional storage near the house, some of which is in the wetland buffer zone. There is a raft in the pond which needs to be located on a new site plan and a new vegetation plan is required where the boats are located. Mr. Dickey called the property owner who confirmed that he/she owned the raft. The Commission also requested that the amount of disturbance be identified on the revised plan. The Commission wanted to know if the raft comes out of the water in the winter and where it is then stored. located. John Portnoy moved to continue to 10/16/19; seconded by Barbara Brennessel; and passed 5-0.
O’Neil, 385 Bound Brook Way, Map 6, Parcel 12, NOI, demolish and rebuild cottage with the addition of a patio. John Schnaible of Coastal Engineering, Chris Cannon, architect, and Glen Malone from Ambrose Builders came to the table. The patio in front near the coastal bank will be removed, patio on the side will be removed, and the house and patios will be 16’ from the coastal bank. Straw bales will identify the work limit. The existing septic system will remain. There will be a full foundation. John Schnaible identified all the resource areas on the property. A second floor will be added. John Cumbler expressed concern with the location of the house and requested they move the house further away from the coastal bank. John Schnaible stated the septic would have to be moved which would involve going back to the Board of Health. There will be a drywell and catch basins with a trench drain by the garage doors and gutters and downspouts will go to the catch basins. There will be spaces between the pavers. John Portnoy moved to approve the NOI; seconded by Barbara Brennessel; and passed 5-0. Supervisor: John Portnoy
Barbara Brennessel moved to close the Public Hearings; seconded by Deborah Freeman; passed 5-0.
Business meeting reopened at 6:15 pm.
Way 29, Map 18, Parcel 3, Zimmerman: Agent Greenberg-Lemos reported an emergency certification was issued by the National Seashore for the removal of rubble from the beach. She told them they could not do any work. A letter was sent to Ms. Zimmerman regarding the stairs and mobi-matting. Ms. Zimmerman stated she could not attend a meeting but could talk on the phone. Deborah Freeman stated she must attend a meeting or send an authorized representative or she will be fined. Agent Greenberg-Lemos will send another letter to that effect.
Town Landing at the Gut: Americorps did work last year to pick up debris. This year asphalt will be picked up, utilizing a truck made available by the Seashore. Barbara Brennessel stated there is not much asphalt on the road anymore.
Blasch, 1440 Chequessett Neck Rd, Septic issue: several letters were sent to remove the septic tank. Because they didn’t dredge, fill or alter (no act causing erosion), no action can be taken by the Commission. The septic tank is empty and not causing any environmental problem at this time.
Gull Pond Road – DPW doing work which includes soil and vegetation cut back. Agent Greenberg-Lemos will check with DPW.
John Portnoy moved to re-enter Executive Session; seconded by Barbara Brennessel; passed
5-0 at 6:25 pm. Deborah Freeman, yes, Barbara Brennessel, yes, Mike Fisher, yes, John Portnoy, yes, and John Cumbler, yes.
Barbara Brennessel moved to reopen the Business Meeting at 6:30 pm; seconded by Deborah Freeman, passed 5-0.
Jurisdictional Opinion: Ruddifer and Elman, 65 Way 100, a pine tree is dying and confirmed by Assistant Agent Doug Guey-Lee. They want to remove the tree. Barbara Brennessel moved to approve tree removal as a Jurisdictional Opinion; seconded by John Portnoy and passed 5-0. Agent Greenberg-Lemos will advise them to plant three shrubs as mitigation.
Barbara Brennessel moved to adjourn at 6:35 pm; seconded by John Cumbler; and passed 5-0.
Respectfully submitted,
Christine Bates