CC-minutes

Meeting date: 
Wednesday, October 16, 2019

Approved

Wellfleet Conservation Commission

Meeting Minutes

October 16, 2019  

Town Hall Meeting Room

Attendees:  Deborah Freeman, Barbara Brennessel, John Cumbler, Michael Fisher, Agent Hillary Greenberg-Lemos and Mary Rogers, Committee Secretary 

Regrets:  John Portnoy

Business Meeting & Conservation Agent's Report

Chair Deborah Freeman opened the business meeting at 4:09 p.m.

Mail / Discussion

Barbara Brennessel distributed the Massachusetts Conservation Commissioners cards that had arrived in the mail, which had included MACC hotline information.  The High Dune Cannabis Craft Cooperative had sent notification of an October 17th meeting in Truro to discuss cannabis cultivation.  The Conservation Agent Hillary Greenberg-Lemos had sent a letter to the Zimmermans regarding mobi-mats and an aluminum beach installation.  The Conservation Agent had sent a notice of violation for mowing a cranberry bog at 124 State Highway.  The Commissioners discussed fines for mowing there and at 65 Howland Lane.  The owner at 65 Howland Lane is away, but his tenants received a notice of violation of Wetlands Protection for mowing to create extra parking during Oyster Fest.

Agent Hillary Greenberg-Lemos distributed a letter from Tim Dickey, who was on the hearing agenda.   Deborah Freeman said the material should have been submitted 48 hours in advance.  She said the Shellfish Warden had also sent in a late submission for the meeting.

Barbara Brennessel said she had noticed removal of vegetation caused by work that the DPW was doing on Gull Pond Rd.  She questioned the catch basin area and DPW’s decision to pitch the road towards the wetland.  

Conservation Agent Hillary Greenberg announced a grant opportunity for low lying roads.  The CZM Coastal Resiliency grant is underway with the other Lower Cape towns, she said.  She reported that she would ask for the final draft bylaw from Association to Preserve Cape Cod (APCC) and mentioned the possibility of an Amicus brief from APCC with regard to the proposed project at 1440 Chequessett Neck Road.

Deborah Freeman explored the process for retaining an expert for Conservation Commission cases.  Hillary Greenberg read from MGL 44.53.g, which covers hiring consultants to uphold the Wetland Protection Act and instructions on setting up accounts for particular cases.  It gives directions on the process, including fees, added fees, appeal procedure, and time limits.  John Cumbler hypothesized how a case that required expert advice would work.  Hillary Greenberg reviewed current practices of getting bids for consultants and timing for hearing cases.  Chair Freeman suggested developing a list of credible consultants for possible Wellfleet Conservation Commission use. 

John Cumbler reported that a recent APCC meeting had made him concerned about septic systems and water pollution.   Even though septic systems are a Board of Health matter, he wondered if the Conservation Commission should be involved as well.  Hillary Greenberg said that the targeted watershed management plan has progressed slowly.  Barbara Brennessel asked if there was a way to get a shell fishing entity involved in wastewater solutions.  Hillary Greenberg said the Shellfish Warden and the Wellfleet Shellfish Association are involved.  The Advisory Committee is being kept apprised, she said.  This is not about using oysters for wastewater mitigation, but for greater awareness of sewerage needs.  Thought is being given to siting a wastewater system on Town-owned land at the Transfer Station.  John Cumbler said that future revenue realized from room taxes could be earmarked for infrastructure.  This should be committed to wastewater planning, he said.  Hillary Greenberg recommended viewing the Wastewater meeting of July 16, 2019, which can be found on the Town website’s Videos on Demand under “Other Meetings and Media.”

Meeting Minutes

Commissioners suggested one more viewing of minutes after they have been amended and approved at a meeting.  Michael Fisher said he is willing to do the review before they are posted with the Town Clerk and on the Town website.

5:00 p.m.  PUBLIC HEARINGS: 

Chair Freeman opened the public hearings at 5:00 p.m.

Johnson, 195 Kendrick Ave., Map 20, Parcel 23, Certificate of Compliance

Hillary Greenberg explained that the 195 Kendrick Avenue’s 1997 septic system’s Certificate of Compliance had never been issued even though the septic system had been installed.  

Brennessel moved to approve the original 1997 Certificate of Compliance for Johnson.  Cumbler seconded. Passed 4-0.

Foley, 195 Kendrick Ave., Map 20, Parcel 23, Certificate of Compliance

Greenberg said SS 77-763 for repair of bulkhead and a side of the leach field had been heard December 5, 1997.  Work was done and in compliance at the time.

rennessel moved to approve a Certificate of Compliance for Foley, 195 Kendrick Ave., Map 20, Parcel 23. Cumbler seconded. Passed 4-0.

Johnson and Flecher, 195 Kendrick Ave., Map 20, Parcel 23, Certificate of Compliance

Ms. Greenberg-Lemos said that SS 77-533 was approved in 1991 for something that was never built.  A bulkhead cannot be built because the time period has lapsed.  From the audience, Alfred Pickard said he had built a different wall in that location and had been granted a Certificate of Compliance.

Brennessel moved to approve a Certificate of Compliance for 195 Kendrick Ave., Map, 20, Parcel 23.  John Cumbler seconded. Passed 4-0.

LaTanzi, 25 Crest Ave., Map 35, Parcel 88, Certificate of Compliance

Theresa Sprague presented the two cases for the LaTanzis.  She had submitted a letter, stating that all tree vegetation had been completed according to the orders of 2002 cases SS 97-970 and SS 97-976.

Cumbler moved to approve the Order of Conditions for SS 97-970 and SS 97-976. Brennessel seconded.  Passed 4-0.

LaTanzi, 25 Crest Avenue, Map 35, Parcel 88, RDA, removal of 9 oak trees, replace with native shrubs, flush cut black locust, revegetate, reroute drainage from house

Ms. Sprague explained the request for cutting.  Chair Freeman said there were no markers on the trees, so it was very difficult to determine the intended cutting.  Ms. Sprague said they would return and mark the trees.  She explained where they would revegetate.  Barbara Brennessel said that the cutting and revegetation was too extensive for an RDA; it should be an NOI.  Mike Fisher requested information on intended use of herbicides to control the locust trees on the coastal bank.  Ms. Sprague said glysophate was planned because locust spreads aggressively and because the banking is so steep, it would cause much disturbance to remove them.  Ms. Sprague indicated that the oak trees to be cut are very close to the coastal banking, but not in it. 

Freeman moved a positive determination to file a Notice of Intent.  Brennessel seconded. Passed 4-0. 

Town of Wellfleet, Maps 41 and 42, NOI, repave Lt. Island Road from Rte. 6 to Catboat Road, catch basins to be removed and replaced with deep sump pumps with heads

Michael Fisher needed to recuse himself from the case, which was still being heard at the meeting, but the NOI will be voted on when the full complement of members is present, and he will be recused. 

Michael Toohil and Assistant DPW Director Jay Norton explained the workings of the pipe and floatables in the new catch basins.  The Town will maintain the catch basins. The timing of the project is for spring.  They have a file number from Natural Heritage but have not yet received the letter from them regarding endangered species.

Abutter Don Thimas asked if all the catch basins will be the type shown on the plans.  Mr. Toohil said all the new ones would be, and the existing ones would be replaced.  Tom Peters said he has a catch basin at 135 Lt. Island Rd. that intrudes at least 10 feet from the berm of the road and onto his property.  He said for 300 yards on both sides of the drain water converges, adversely affecting his pine trees. He said he assumes that the drainage problem will be corrected with the project.  Mr. Toohil noted the high point on the west side of Lieutenant Island Rd. that drains towards Mr. Peters’ property.   The plan is to use the same location as the existing basin which is outside the buffer zone, Mr. Toohil said.  Jay Norton said they will address this catch basin which is on private property and may require an easement or another drainage pipe under the road. 

Mr. Peters recognized the problem of storm water run-off from local roads.  Don Thimas said his property contains a water source with spring-fed, fresh water.  Pollutants from storms pass through Mr. Peters’ property and into the Thimas’ fresh-water bog, he said.  Mr. Thimas expressed the hope that the Town’s Lt. Island catch basin will give him some relief because he also has a problem with runoff and pollutants from Rte. 6. 

Barbara Brennessel discussed new storm water mitigation methods that could be investigated.  Alfred Pickard said there is a general bylaw that addresses maintenance and repaving of roads.  Mr. Peters enumerated the many laws and bylaws that need to be enforced. 

Brennessel moved to continue until November 20, 2019.  Cumbler seconded. Passed 4-0. 

Coser & Perrin, 210 Buttry Way, Map 16, Paracel 618, NOI, repairs to existing residence and replace deck (Cont’d.)

Tim Dickey said his clients had received the Natural Heritage letter.  David Lajoie joined him to discuss material requested at the previous meeting.  Deborah Freeman said that information from Mr. Dickey had not arrived within the timeframe of open meeting law. 

Mr. Dickey said the boat rack will be built away from the water’s edge, behind the house on the driveway side.  Conservation Agent Greenberg asked for a plan for the boat rack.  Tim Dickey did not have a plan, but he indicated where the boat rack would be placed.  Ms. Greenberg said the boat rack needs to be drawn onto the plan.  There is an already disturbed parking area that would be a suitable site. 

One of the two access paths to the pond is to be closed off.  A construction fence will be placed to indicate and to limit access to the pond to one path.  This needs to be drawn into the plan, as well as the boat rack.  The plan will include a Chapter 91 application for a floating raft on the pond.  If the raft is seasonal and removeable, it can be issued by the Harbor Master.  The off-season storage arrangements for the raft need to be indicated in the plan. 

A deck away from the water is to be removed.  It’s over a patio.  Mitigation on the north side of the house is more of a problem, Mr. Dickey said.  David Lajoie has a list of approved plants that are suitable and preferable to pea stone gravel.  He can take out invasive plants and replace them with native species. 

Because of the additional information and plans requested, the case will be continued to November. 6, 2019. 

Cumbler moved to continue the hearing for 210 Buttry Way, Map 16, Parcel 618, to November 6, 2019.  Fisher seconded.  Passed 4-0.

Simon / Sagan, 55 Alves Rd., Map 154, Parcel 136, RDA, construct 8’ x 10’ shed

Cont. to November 6, 2019.

Baker, 210 Kendrick Ave., Unit 2, Map 20, Parcel 29, NOI, raze and replace single family dwelling.

Kieran Healy of the BSC Group represented the owners.  They are doing what other units have already done, he said, and they will comply with Flood plain regulations.  He explained the dimensions of the lot and the shared septic system.  Mike Fisher commented on the eroding banking behind the structure.  He asked if stabilizing the bank would be useful for the condominium owners.  Mr. Healy said he would mention to his clients that plantings would stabilize the banking.  Agent Greenberg read into record a letter of support from Marge and Richard Michaud, the owners of 210 Kendrick Ave., Unit #1. 

Fisher moved to approve the NOI for Baker, 210 Kendrick Ave., Unit 2, Map 20, Parcel 29. Cumbler seconded. Passed 4-0.

Supervisor will be Barbara Brennessel.

Rousseau, 174 Pleasant Point Rd., Map 35, Parcel 113, NOI, new foundation and re-support deck and covered porch

Robert Reed of J.M. O’Reilly represented Clyde Rousseau.  He said the house would be lifted to build a new foundation under the house and to place Sonotubes for the porch.  The deck will be removed.  An I/A septic system will be installed with Board of Health approval.  Plantings will be put in where the deck was.  The contractor has assured the abutter on the side nearest the porch that her hedges and property will be safe. Ms. Greenberg requested a mitigation planting plan with the names and numbers of the plants.  Barbara Brennessel remarked upon the improved plan. 

Cumbler moved to approve the NOI for Rousseau, 174 Pleasant Point Rd., Map 35, Parcel 113 with the condition that mitigation plantings be included. Brennessel seconded. Passed 4-0.

Supervisor will be John Cumbler.

 

SLA Nominee, 1005 Chequessett Neck Rd., Map 19, Parcel 94, NOI, Proposed replacement of an existing coastal engineering structure

Joel Kubik and Tara Marden from the Woods Hole Group had submitted the plans for the NOI.  Chair Freeman said the project is beyond expertise of the Conservation Commissioners, who will be seeking an independent consultant.  Tara Marden explained that the new homeowners had contacted the Woods Hole Group about conditions on the coastal bank.  Getting equipment to the property poses problems.  Because of the steepness and instability of the banking and the unwillingness of any of the abutters along the shoreline to grant access over their property, the plan is to approach the project by barge.

The barge will have to make several trips to the property and is likely to remain over a tide cycle if necessary.  Barbara Brennessel said she believed the barge would be on National Seashore property.  The Park Service had been slow to respond until they saw the NOI.  The Conservation Commission had not yet seen their response, which should be of significance because the Seashore is involved in a significant study of the area.  Joel Kubik said they would need a special use permission from the National Park Service.  Lauren McKean had said that the Seashore would request additional conditions. 

 Ms. Marden said there have been arrangements made for an estimated $33,000 mitigation fee to be paid to the Shellfish Department for disruption of shellfishing.  According to Shellfish Warden Nancy Civetta, they will lose seed oysters as well as quahog bottom.  She calculated temporary and permanent loss to come up with the mitigation amount.   The survivability rate was considered in their calculations.  Shellfish Warden Civetta said any work that takes place would have to be at a time when the shellfish grants were not open - September 1 to March 15.  The barge will ground at every low tide, she said. 

The Town will need a performance bond because this is a substantial project and because of the resource area, according to Chair Freeman.  Article 7 in bylaws deals with bonds, she said. 

Another concern was that the proposed rock revetment will be taller than the other abutting sea walls.  The abutter to the north has a similar wall, but does not want to participate in this project. Commissioners and Alfred Pickard, from the audience, discussed the effect of the revetment on the neighboring properties.

The multiple concerns lend to the need for an independent consultant.  The Woods Hole Group representatives highly recommended Greg Berman but maintained that their group offers the best in coastal engineering.  The Commissioners observed that the Woods Hole Group is working for SLA Nominee.  The Conservation Commission will select a consultant or consultants.  If the Woods Hole Group is not satisfied with the selection, they can appeal it to the Wellfleet Board of Selectmen.  A Continuance to November 20, 2019 will allow the Town time to get a consultant and the Seashore to develop their conditions.

Cumbler moved to continue SLA Nominee, 1005 Chequessett Neck Rd., Map 19, Parcel 94 to November 20, 2019.  Freeman seconded. Passed 4-0.

Thompson/ Romano, 5 Holbrook Ave., Map 21, Parcel 105, AOOC (Cont’d.)

Owners Timothy Thompson and Rachel Thompson, Attorney Ben Zehnder, and Engineer David Lajoie were present to explain the scope of the work.  Commissioners reviewed the September 18, 2019 minutes regarding the case.  David Lajoie reviewed what had been recommended and completed.  He clarified what was supposed to have been done. 

Abutter Alfred Pickard expressed his concerns about the plants in back, the staircase, additional rocks for front entrance stairs, a shed that had been moved forward, insufficient drainage, and an enlarged deck after the house size had shrunk.  Pickard said that the deck is shingled down to the floor.   He asked if any letters had been submitted.  Barbara Brennessel said a number of sheds had been removed, but one shed remains.  The Commission had approved the deck, Ms. Greenberg said. 

Attorney Ben Zehnder said he and his clients sought approval for certain recommendations that had been made as requested.  The deck was not on the Commission’s list of requirements.  The rock stairs were prohibited by the ZBA and have been removed.  Conservation Agent Greenberg read into record a letter from abutters Leo Sorkin and Pam Wolf, who objected to the rock stair foundation because of possible runoff and objected to an inaccurate plan, which they had viewed. 

The issue, according to Ms. Greenberg, was the fill in the flood zone.  Barbara Brennessel said fill was not allowed, but David Lajoie said fill in a coastal flood plain is permitted.  In inland river flood zones, fill creates problems, but here the water retreats because it is a tidal flood zone.  The house has been raised to get it out of the flood plain, Ben Zehnder said.  Ms. Greenberg read coastal floodplain regulation 2.04.  David Lajoie said causing detrimental flooding onto other property does not apply to a coastal flood zone. 

Attention turned to the decks.  John Cumbler said that the original plan had one deck, and now there is a second-floor deck.  Hillary Greenberg said there is no access to the ground from the second floor.  Barbara Brennessel said the approved design showed railings, not shingles.  The Building Inspector signed off on the deck.  The second-floor deck will not have a solid floor; it is to be spaced with slots in flooring, Mr. Lajoie said.  Mr. Thompson stated that the second-floor deck was in the original plan.  The railing had been changed from the original plan, he said.  From the case file, Agent Greenberg produced the August 16, 2017 approved plan showing the two decks.  It might look like one, but it is two, she said. 

Commissioners reviewed what needed to be done so that the owners could move into the house.  The fill in back will be removed, but the needed fill in the front will be allowed.  Plantings will be adjusted.  The rock foundation for stairs in front were not looked upon favorably by the neighbors or by the Commissioners, who do not like rocks in buffer and flood zones. Timber was considered a better choice.  Mr. Thompson enumerated the improvements he has made: all sheds but one have been removed; the size of the house has been reduced; bags and bags of garbage have been removed.  There was discussion of continuing until the next meeting when John Portnoy, the supervisor of the project, will be present, but Attorney Zehnder asked about receiving approval with the condition that timber replace the stones in front of the house.

Brennessel moved to approve the Amended Order of Conditions for 5 Holbrook Ave., Map 21, Parcel 105, with the modification that the stones be replaced with timber.  Fisher seconded. Passed 4-0. 

Adjournment

The meeting was adjourned by consensus at 7:27 p.m.

Respectfully submitted,

Mary Rogers,

Committee Secretary