Approved Conservation Commission Mtg Mins
Approved
Wellfleet Conservation Commission
Meeting Minutes
September 19, 2018
Town Hall Meeting Room
Attendees: , Barbara Brennessel, Lauren McKean, Deborah Freeman, Michael Fisher and John Portnoy. Christine Bates, Committee Secretary
Regrets, John Cumbler
4:00 - Business Meeting & Conservation Agent's Report
Mail / Discussion
Community Preservation Committee – Michael Fisher will represent the Conservation Commission.
Photos provided on the Melvin property, 35 Holbrooke Ave
Agent Greenberg-Lemos reported on her conversations / emails with Betsy Grogan regarding the use of the Memorial Garden for a wedding. John Portnoy stated he went to the site after the event and the vegetation was in good condition. The Commission still has concerns with increased foot traffic within the 50-ft buffer zone of Wesley Swamp. The Board of Selectman had given permission for the use and will have further discussion regarding the venues. The Commission will have further discussion as well.
WCT – CR – 180 Bayberry Lane Map 41, Parcel 122. John Portnoy moved to approve the Conservation Restriction; seconded by Lauren McKean; passed 4-0. Agent Greenberg-Lemos will write a letter to the Board of Selectmen
LeBow – Higgins Lane. Ellen LeBow and Seth Rollbein came to the table. Seth stated he reviewed the regulations and did not understand how the tent affected the resource area. Agent Greenberg-Lemos stated all tents are different, and this is held down with tent pegs. She stated there have been several site visits and it appears there is heavy pedestrian traffic in the flood zone that may harm wildlife habitat. The umbrella shaded the grass and a Chiminea was located in the marsh. It appeared there had been recent cutting of small trees / bushes. Mr. Rollbein stated there was locust cutting several years ago. He read the bylaws regarding “alterations”, and he didn’t feel what they qualified. He questioned if placement of a chair, tent, or umbrella was altering the resources. Barbara Brennessel explained the difference between the buffer area and the resource flood zone area. Ms. LeBow stated she used the tent to perform her work and Seth described the steep topography of the property, limiting their use. Barbara Brennessel recommended that the wetland resource be delineated, because there seems to be some confusion about sensitive and WPA-protected resources. Deborah Freeman was concerned with setting a precedent with the placement and use of the tent so close to the salt marsh. LeBow and Rollbein stated that there was a filing cabinet in the tent, but there was nothing growing there when they placed the tent there. John Portnoy stated the Commission is also concerned with wildlife habitat. The property owners placed a large memorial rock in the marsh which displaces water in the flood zone and disturbs vegetation. Mr. Rollbein feels this is only an aesthetic complaint. Several Commission members refuted this, explaining that their concern was for legally protected environmental values. Rollbein stated that the tent was erected in July and will be removed in October. Agent Greenberg-Lemos will meet with the LeBow and Rollbein to discuss the wetland boundaries and provide guidance on locations for outside placement of temporary items.
Salty Duck Studio, 115 Main St, Agent Greenberg-Lemos received a complaint, conducted a site visit and there were 2 tents located within the 50-ft buffer around Duck Creek. She told the property owners they could either file appropriate paperwork or take the tents down. Ms. Jester replied with a letter stating she was out of space and used the tents for her merchandise and tools. She wrote that she had taken down the one tent and would remove the other tent by the end of September. Barbara Brennessel recommended having a discussion at a future meeting regarding “temporary” tents and the timeline allowed.
The Commission will discuss Temporary structures on pond shorelines and other wetland buffer zones at the Oct. 17 meeting, Piers and docks at the Nov. 7 meeting, and DLTA will be a standing agenda item.
Jurisdictional Opinions:
Fromboluti – Tim Dickey represented the Fromboluti’s. He wishes to fix drainage at SE corner of house, revegetate, and provide gravel trench for roof run off. Lauren McKean recused herself. Deborah Freeman was acting chair for this Jurisdictional Opinion. The excavated material will be hauled away. Barbara Brennessel moved to approve the Jurisdictional Opinion; seconded by Michael Fisher, passed 4-0.
Cohen, Cranberry Rd., septic system upgrade, pumping and filling with sand at the 100’ line. Barbara Brennessel moved to approve the Jurisdictional Opinion; seconded by Lauren McKean; passed 5-0.
Desmond Well Drilling, Samoset Drive, replace well in same location, which is north of the top of the bank. John Portnoy moved to approve the Jurisdictional Opinion; seconded by Lauren McKean; passed 5-0.
Meeting Minutes – to be addressed after the public hearings.
Public Hearings 5:00 pm:
Fedor, 10 Ridge St., Map 29, Parcel 381, Request for one-year extension. Robert Bacon represented the Fedor’s and stated he requires additional time to complete the project. Lauren McKean moved to grant a one-year extension; seconded by John Portnoy; passed 5-0.
Town of Wellfleet, 300 Main St., Map 15, Parcel 52, RDA, location for Electric Vehicle Charging Stations and a transformer. Lauren McKean recused herself. Deborah Freeman acted as chair. Agent Greenberg-Lemos provided information on the request, stating that it is within the buffer zone to an inland bank and she gave an overview of the materials involved. There will be moderate disturbance. The National Seashore will have a discussion with EverSource. John Portnoy identified the RDA a Negative 3; seconded by Michael Fisher; passed 4-0.
Palumbo, 90 Aunt Sarah’s Way, Map 42, Parcel 58, NOI, addition, screened porch and modify decks (Cont’d). Laura Schofield stated the revised site plan includes the addition of a master bedroom, a screened porch, and revisions to the existing decks; as well as pruning of selected branches. The difference from the original filing is that there will be a second story. The living space in the basement, which is in the flood zone, will be abandoned and converted to a FEMA-compliant foundation. She reviewed the project as presented at the first meeting (with the exception of the 2nd story). The decks will be reconfigured. The total new alteration is 585 sq. ft. She reviewed the performance standards which will be met. Wildlife habitat will be improved with native plantings within the river front and 8 additional trees will be planted. The Commission thanked the home owner as well as Ms. Schofield for working with the Commission to produce their revised plan. Lauren McKean moved the NOI; seconded by Deborah Freeman; passed 5-0 Supervisor: Lauren McKean
Allen, 38 Sea Oaks Way, Lot 13, Plan 16475-E, NOI, prune underbrush and view obstruction. Agent Greenberg-Lemos stated this is an after-the-fact filing and this activity has been going on for over a year (work done without permit and a complaint was filed with the agent). Ms. Allen stated pruning the under brush and over-hanging branches were done for a view corridor. She stated there are approximately 4 or 5 trees. Deborah Freeman requested this filing be continued because the trees were not flagged nor was there any indication of how much brush was removed. Lauren McKean stated there has to be some mitigation and the Allen’s would be required to notify the Commission of any future removal of underbrush or tree limbing. Ms. Allen stated there was a view when they purchased the property. It was recommended that the Allen’s contact a landscape company. The Commission will not give blanket permission to prune / remove branches in the future. Ms. Allen stated her husband and Bob Bacon performed the cutting. Agent Greenberg-Lemos stated there is a $1,000 after-the-fact filing fee. Attorney Ben Zehnder stated he represents Ruth Ostenson and Joanne Eldridge, owners of the property where cutting was done without their notification or permission. Zehnder stated they were aware a NOI should have been filed by the Allen’s and requested they be notified in advance of any future clearing so that they can review any proposal.. Ms. Allen stated she had permission from Ms. Eldridge and Mr. Ostenson [J1] to do cutting and was not advised to file an NOI. Lauren McKean moved to continue to October 17, 2018; seconded by Michael Fisher; passed 5-0.
Dick / Easterbrooks, 240 Blue Heron Rd., Map 41, Parcel 20, RDA, remove 4 oak trees, 1 pitch pine, prune 3 pitch pines, remove dead branches, plant native species between house and marsh. Doug Dick stated there is a tree that lost its top in a storm and is close to the dwelling. The arborist working on the property provided a letter describing the work to be done. John Portnoy recommended a shrub border for mitigation. Mr. Dick would like more time to reconsider tree cutting and planting. Lauren McKean moved to continue to 10/3/18; seconded by John P; passed 5-0.
Buckley, 50 Way #68, Map 21, Parcel 36, NOI, remove existing septic system, upgrade with new septic system. Matt Farrell represented the applicant and gave an overview of the project.
The existing septic system, located within the 50 foot buffer, failed and will be pumped and filled. The new system will extend onto the 100 foot buffer zone. There is a tree close to the house which is in danger of falling into the dwelling. Michael Fisher moved to approve the NOI; seconded by Barbara Brennessel; passed 5-0. A revised plan identifying the tree will be submitted.
Sarazin, 15 Springline Dr., Map 29, Parcel 258, RDA, remove and replace deck, add staircase (Cont’d). The applicant was not represented at the hearing. The revised plan did not have any delineation on it. A letter will be sent to the owner of the property requesting additional information. Lauren McKean moved to continue indefinitely; seconded by Deborah Freeman; passed 5-0.
Lauren McKean closed the public hearings at 6:05; seconded by Deborah Freeman; passed 5-0.
The Business meeting was reopened at 6:06 pm.
Meeting Minutes:
Barbara Brennessel made recommendations for amendments to the 09/05/18 meeting minutes. Barbara Brennessel moved to approve the 09/05/18 amended meeting minutes; seconded by Lauren McKean; passed 4-0.
Barbara Brennessel moved to approve the 08/15/18 amended meeting minutes; seconded by John Portnoy; passed 5-0.
Discussion on Memorial Garden:
The Commission would like to know how to determine the use; this is a sensitive area and is being used for commercial venues with the potential for 100 + people at one time. The Commission questioned whether, if the purpose is a memorial park, Preservation Hall should not be promoting the area for weddings. The Commission recommends that the Board of Selectmen be made more aware of the sensitive wetland resources at the edge of the Memorial Garden..
There was a general discussion regarding repeat violators of the wetland laws, non-compliance and failure to complete and file paperwork.
Agent Greenberg-Lemos recommended the Commission review section 10.02 (statement of jurisdiction).
Lauren McKean moved to adjourn at 6:30 pm; seconded by Deborah Freeman; passed 5-0.
Respectfully submitted,
Christine Bates
Committee Secretary
[J1]Do she say this? Did Ms Allen have permission?