Approved Conservation Commission Mtg Mins

Approved

Wellfleet Conservation Commission

Meeting Minutes

August 15, 2018

Town Hall Meeting Room

Attendees:   Lauren McKean, Barbara Brennessel, Michael Fisher, Deborah Freeman, John Portnoy , John Cumber, Conservation Agent, Hillary Greenberg-Lemos and Christine Bates, Committee Secretary

Business Meeting 4:00 pm

DLTA Grant:  The Commission stated they would like to know specific recommendations that were made for the other two towns.  The document which was provided by APCC to Agent Greenberg-Lemos will be reviewed closely by the Commission and topics prioritized for the  next meeting.   

Mail / Discussion – no mail

Jurisdictional Opinions

            125 Way 54, 17/16/ remove large pine tree leaning over barn. Lauren McKean recused herself.   Jeremy Young  stated that he will remove the tree with a small aerial lift and cut the branches into pieces by hand.  He stated it is a very narrow machine with low ground pressure that can access the tree without resource disturbance.  The stump will be ground down and the tree will be removed from the site by hand.  There are signs of turpentine beetles.  The work will be performed in November or December.  The office must  be notified before  work is begun.   John Portnoy moved to approve the Jurisdictional Opinion; seconded by John Cumbler; passed 5-0. 

LeBow property – Agent Greenberg-Lemos reported there is one open tent; the bug tent is down, but there are chairs around the fire pit; all are within the wetland resource.  Deborah Freeman stated the area around the fire pit appears to have been cleared recently.  There are still materials along the marsh.   This is activity within the resource and 50’ buffer zone and although there are no bylaws regarding tents or seasonal covers, the Commission is concerned with activity near the marsh.  Agent Greenberg-Lemos will write a letter to LeBow ordering the removal of the tent and  attendance at the Sept 5 meeting. 

Melvin:  Agent Greenberg-Lemos reported a stop work order was issued.  Pictures of the site were distributed to the Commission.  Deborah Freeman stated the Commission needs to get the Building Inspector involved in this because the construction materials on the site have impacted the resources, and no matting was used for the vehicles using the property.  Agent Greenberg-Lemos stated no work was done on the ground and reported the area has been cleaned up.  Agent Greenberg-Lemos will have a discussion with the Building Inspector, and invite Mr. Melvin and  abutters to the next meeting on September 5, 2018 for a discussion regarding the trash and damage to the site caused by dumpsters and vehicles.    There was discussion regarding the contracts Mr. Melvin has with subcontractors and whether they have been informed of the conditions on the project by Melvin.  It also t appears the work being performed is above the dollar amount identified as triggering FEMA flood-protection compliance.  Alfred Pickard questioned if fines would be issued since the Agent was not notified when work was starting and the order of conditions was not followed.  The driveway has not been put back to its original state.  The Commission wants a Restoration and Mitigation Plan prior to any further work.  Agent Greenberg-Lemos will contact Town Counsel.  Deborah Freeman moved to have Agent Greenberg-Lemos proceed with inviting Melvin and abutters to the next meeting and contacting Town Counsel regarding any sanctions with the project; seconded by John Cumbler; passed 5-1 (one abstaining).                    

Meeting Minutes  July 18, 2018  Michael Fisher moved to approve the amended July 18, 2018 meeting minutes; seconded by John Portnoy, passed 6-0.  Barbara Brennessel moved to approve the amended August 1, 2018 meeting minutes; seconded by John Portnoy, passed 3-0.

Public Hearings 5:00 pm:

Farnsworth, 125 Pine Point Rd., Map 21, Parcel 54.1, NOI, construct new dwelling, deck, driveway and septic system.  David Lajoie represented the applicant and stated there are several resource areas near the property.  He reviewed the project, identifying the buffer zones, location of work, and work limit.  There will be no removal of trees other than those within the work limit.  Lauren McKean questioned the lower level which showed habitable living space.  Mr. Farnsworth stated the plans are for two bedrooms and one bathroom on the lower level.  Mr. Farnsworth stated the Building Inspector reviewed the plans already.  The Commission wants the Building Inspector’s review.  John Cumbler expressed concern with the location of the septic system and would like to see an alternative system be put in place based on sea level rising.  It was recommended the owner and engineer explore the septic systems available.  Lauren McKean moved to continue to 09/05/18; seconded by Barbara Brennessel; passed 6-0.

Sulin, 87 Samoset Rd., Map 28, Parcel 112, NOI, replace beach stairs.  David Lajoie represented the applicant and stated the existing stairs are in ill repair and the stairs would be replaced in-kind except for the use of helical piers.  The clearance above ground would be 18”.  Barbara Brennessel asked if the lower portion of the stairs could be pulled up in the winter.  She also requested a name or lot number be put on the lower unit in the event it is unsecured during the winter months and floats away.  The Commission would like to see the bottom piece not be ACQ, but cedar or aluminum or another non-toxic alternative.  John Cumbler moved to approve the NOI; seconded by Lauren McKean; passed 6-0.  Supervisor:  Debbie Freeman    

Lay, 335 Forrest Rd., Map 16, Parcel 612, NOI, remove old cedar piers under summer camp and replace with new concrete block piers.  Lauren McKean recused herself and Deborah Freeman was acting chair.  Chet Lay came to the table and gave a history of the property.  He stated the building is sagging internally and the building will be jacked up at one time.  Concrete piers will be installed to replace the wooden posts.  All digging will be by hand.  John Cumbler moved to approve the NOI; seconded by John Portnoy; passed 5-0.  Supervisor:  John Portnoy.    

Laurel Trust, 715 Chequessett Neck Rd., Map 19, Parcel 113, AOO, change concrete retaining walls to steel and plant additional vegetation.  Tim Brady and Landscaper, Annie Griffenberg. came to the table.  Annie identified the proposed changes regarding utility location, hardscape, and landscaping.  Brady stated the lower level will be dug deeper than originally proposed.   Barbara Brennessel moved to approve the AOO; seconded by Lauren McKean; passed 6-0.

The 8/15/18 site plan will be used as the final plan.  Tim stated the lower level is not considered a “story” even though there would be habitable space.  Lauren McKean rescinded her “second” based on t he height of the basement and wants the Building Inspector to see the new plans and rule on whether the lowest level is habitable space..  Lauren McKean moved to continue to 09/15/18; seconded by John Portnoy; passed 5-1 (Michael Fisher abstaining).    

Cook Family Trust, 420 Lecount Hollow Rd., Map 31, Parcel 600, NOI, relocate existing cottages.  Lauren McKean recused herself and Deborah Freeman was acting chair.  Tim Brady represented the applicant and stated there was a previous NOI filing and Order of Conditions for moving cottages which expired.  The project did not take place and he is refiling for the same project.  The Commission requested a detailed planting plan after the cottages are moved.  It was recommended beach grass be planted.  The project will be done in stages, i.e the cottages will be moved as needed to avoid falling off the retreating scarp.  Brady stated he could provide a sketch where the cesspools are located; they will be capped.  Barbara Brennessel moved to approve the NOI with conditions; seconded by John Portnoy; passed 5-0.  Supervisor:  Agent     

Palumbo, 90 Aunt Sarah’s Way, Map 42, Parcel 58, NOI, addition, screened porch and modify decks.  Lauren Schofield represented the applicant and reviewed the revised plan.  This project is partially within the FEMA-mapped flood zone.  She stated there are three options:  raise the lower level, abandon the living space in the lower level and add a second story, or build and backfill a wall seaward of the house to disconnect the dwelling topographically from the flood zone.  The Palumbo’s prefer the third option.   Ms. Schofield stated that the wall would require FEMA approval via  a LOMAR F.  The structure would be removed from the threat of flooding by adding a stone wall and fill.  The amount of fill is approximately 130 cubic yards.  This project would be below the 5,000 square foot limit on disturbance within the buffer zone.  John Portnoy expressed concern with people building berms in order to keep out of the flood zone.  He also recommended scaling back on the work and not changing the house so much that the expense would trigger FEMA-required flood proofing.  Barbara Brennessel stated that she was not excited about putting fill in the wetlands or buffer zones.  Lauren McKean stated the water table changes during storm events should be considered, especially with regards buried components of the septic system, and the wall alternative may not prevent groundwater rise during storm tides.   Lauren Schofield stated LOMAR F determination is allowed by the State, and  complies with our regulations.  Deborah Freeman stated our current regulations allow this.   Schofield stated that the house will always be in the flood zone unless the wall is built, assuming approval by FEMA,  this project is trying to comply with coastal flooding and, under our current regulations, this project is approvable.  If this were to be approved, the project would go before MassWildlife, FEMA, and the Building Inspector.  All decks will be elevated.  She stated there would be quite a bit of disruption by raising the house; Agent Greenberg-Lemos requested the disturbance numbers for option 1 and option 2.  John Cumbler moved to continue to 9/5/18; seconded by Lauren McKean; passed 6-0.              

Sarazin, 15 Springline Dr., Map 29, Parcel 258, RDA, remove and replace deck, add staircase.

Robert Bacon represented the applicant and stated there will be no excavation.  John Portnoy stated that there has been wetland encroachment, including mowing; therefore, the wetland needs to be delineated to prevent further damage. The Commission requests a recent site plan, a more detailed plan for the construction of the stairs, and a wetland delineation.  At the request of Mr. Bacon, John Cumbler moved to continue indefinitely.; seconded by Lauren McKean; passed 6-0.   

Ruderfer, 65 Way 100, Map 41, Parcel 154, RDA, Install 8 x 10 shed.  Laurie Ruderfer came to the table.  The Commission stated that the flagging intended to show the shed location did not describe a rectangle, which was confusing and made it difficult to identify the project site; nevertheless, Ms. Ruderfer’s explanation sufficed.   John Cumbler identified the RDA as a Negative 2; seconded by John Portnoy; passed 6-0. 

Logan, 409 Eastwind Circle, Map 36, Paracel 251, RDA, Remove damaged pine trees and the remains of  trees cut by Eversource.  Mr. Logan stated several trees were damaged due to storms and some  are located within the buffer zone.  Mr. Logan agreed that at least two snags will remain on the property for wildlife habitat.  John Cumbler identified the RDA as a Negative 3; seconded by Lauren McKean; passed 6-0.

Malus Properties LLC, 140 Fox Island Rd., Map 28, Parcel 207, RDA, remove existing timber steps and retaining wall.  Install bluestone steps and interlocking retaining wall.  Install additional bluestone and cobblestone.  Planting mitigation.  Charles Wentz represented the applicant and gave an overview of the project, describing the locations of the materials.  A mesh fence will be installed for a dog run area.  Lauren McKean identified this as a Negative 3; seconded by John Cumbler; passed 6-0.    

Bowden, 140 Fox Island Rd., Map 28, Parcel 207, Certificate of Compliance.  Agent Greenberg-Lemos stated a site visit was made and the project is in compliance.  John Cumbler moved to approve the Certificate of Compliance; seconded by Deborah Freeman passed 5-0.

Lauren McKean to adjourn at 7:30 pm; seconded by John Portnoy; passed 6-0.

Respectfully submitted,

Christine Bates, Committee Secretary

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