Approved Conservation Commission Mtg Mins
Approved
Wellfleet Conservation Commission
Meeting Minutes
March 6, 2019
Town Hall Meeting Room
Attendees: Lauren McKean, Barbara Brennessel, John Cumbler, Michael Fisher, Agent Hillary Greenberg Lemos, and Christine Bates, Committee Secretary
Regrets: John Portnoy and Deborah Freeman
4:00 - Business Meeting & Conservation Agent's Report
Mail / Discussion
Taping of meetings: Mia Baumgarten stated that ½ of the Town committees would like to have their meetings taped to be on local Channel 18 and available from the Town website. She stated that this will keep the community up to date on what is going on in the town. She stated that there are no time limits for the film crew; they stay for the entire meeting. There would not be a requirement for people to sign a waiver if they came before the commission since the meetings are public. The Commission stated that they would take this under advisement and wait for the other members to provide their opinions before voting to having meetings taped
Zimmerman property 100 Way 26 –debris on beach. Kevin Rose stated that he may have a plan on how to remove the debris. Ben Zehnder advised Hillary Greenberg-Lemos that the debris became unearthed by the shifting sands. Ms. Zimmerman advised Hillary Greenberg-Lemos that the homeowners will review their options and come back to the Commission. There are legal questions regarding whether the beach debris resulted from someone committing an “act” and the Zimmerman’s will talk to their lawyers.
Violation: Jeremy Young performed work without gaining approval from the Commission. Agent Greenberg-Lemos talked with the home owner and she explained the regulations to her. The property owner will talk with Jeremy and get back with Ms. Greenberg-Lemos. He also did some unpermitted repairs on Samoset Avenue, which may be within Conservation jurisdiction.
Mr. Young will be asked to appear before the Commission at a future meeting so that he can be reminded about Conservation regulations. Fines for the homeowners and Mr. Young will be considered.
The Business meeting was closed at 5:05 pm.
Public Hearings 5:00 pm:
Yankelovich, 374 and 400 King Phillips Rd., Map 35, Parcels 182 and 185, AOOC, future nourishment of sand (Cont’d). Mark Burgess of Shorefront Consulting, provided revised plans, identifying the amount of nourishment, location of drift fence, and statement the Shellfish Department will be notified of delivery date. Lauren McKean moved to approved the AOOC; seconded by John Cumbler, but the Commission could not vote due to a lack of a quorum and the fact that the minutes from the last meeting were not available.
Pyles, 170 Bayberry Lane, Map 41, Paracel 121, Request for 3-year extension. A letter from Mr. Pyles requesting the extension was read into the record. This request requires a discussion with the Wellfleet Conservation Trust. No action can be taken at this time because Michael Fisher had to recuse himself. McKean moved to continue to 03/20/18; seconded by Barbara Brennessel; passed 3-0.
Henry, 42 Commercial St., Map 15, Parcel 95, RDA, replace deck / porch, replace 2nd floor deck at the rear of dwelling. Jeanne Bowden represented Mr. Henry along with Doug Cleary. Ms. Bowden stated the dwelling is in need of repair. Michael Fisher identified the project as a Negative 2; seconded by Lauren McKean; passed 4-0.
Robin, 29 Briar Lane, Map 14, Parcel 26, RDA, replace sand in leach field and add 2 1,500-gallon grease traps adjoining the building next to parking lot. Sarah Robin stated that the amount of grease needs to be reduced. The grease is stored and taken away from the property. John Cumbler identified the project as a Negative 3; seconded by Michael Fisher; passed 4-0.
Robbins, 11 Anawan Rd., Map 28, Parcel 208, NOI, replace and expand deck and upgrade septic system. Michael Fisher recused himself. The Commission allowed the presentation. David Lajoie represented the applicant and described two projects. The septic will be up-graded and the deck will be enlarged approximately 2 feet. Due to a lack of quorum, Lauren McKean moved to continue to 03/20/19; seconded by Barbara Brennessel; passed 3-0.
Wotherspoon, 44 Cypress St., NOI, addition, screened porch and new deck. David Lajoie represented the applicant and the Wotherspoon’s came to the table. The project was reviewed with the Commission. The large tree that is located by the new screened porch needs to be limbed. John Cumbler expressed concern about run off from the screened porch which is within the 50’ buffer zone. Mr. Lajoie stated that the runoff could be controlled with gutters and a drainage system with dry wells. It was recommended the lower deck be removed and trhat there should be mitigation plantings. Lauren McKean recommended one of the sheds be removed, but Mr. Wotherspoon stated that the shed has electric and serves as his office. The Commission requested a revised plan to identify the lot coverage. Lauren McKean moved to continue to 03/20/19; seconded by John Cumbler; passed 4-0
Berry, 287 Coles Neck Rd., Map 7, Parcel 56, NOI, construct dwelling, water line and septic system. Michael Fisher recused himself. Jason Ellis stated all the work is in the ACEC, and he feels the work is outside of the buffer zones, resource areas, etc. Mr. Ellis stated that it is a vacant lot and they want to construct a dwelling. He stated the work is in the upland and should be exempt. A letter was read from Gordon Peabody regarding the Berry property. This is an after the fact filing. Jason Ellis stated this property was a sand pit at one time. There was no quorum so there could be no vote on the NOI. Lauren McKean moved to continue to 03/20/19; seconded by John Cumbler; passed 3-0.
Kaplan/Rose, 135 Old Truro Rd., Map 8, Parcel 164, NOI, construct dwelling, septic and appurtenances (Cont’d) Jason Ellis represented the applicants. A new site plan was made available and Ellis stated that the project received approval from the Board of Health. The entire house will be on top of the flat area making the work limit outside of the 50’. The knot weed removal will not include the spraying of herbicide; it will be cut and swiped. John Cumbler asked if this is a buildable lot. Jason stated that there is a limited wetland and the project was completely allowable under the Wellfleet bylaws when the lot was subdivided. Agent Hillary Greenberg-Lemos stated that we have to look at the regulations we have today. Ellis stated the bank would be revegetated with a native grass mix with jute netting. A letter from Megan Hinton was read into the record. Her concerns were land fill, the steep slope, the knotweed, water run-off, buildable lot definition, vernal pool, and wetlands. Was the land only for a horse shed when sub-divided? Can it be for a dwelling? An anonymous letter was read into the record with concerns of herbicide use, stabilization of the embankment, water quality, etc. The 2013 letter from Ms. Hinton was read into the record. Her list of concerns included the fill placed in the embankment, the Knotweed that was planted by the previous owner, and how runoff, drainage, and leach areas will impact the wetland. A topography map from 1974 identified the embankment prior to the fill added. She recommended restoration with natural plantings, restoring drainage on the road, and restoring the wetland to its original state. Jason Ellis stated that the map may have been made for the creation of the road, and he was not aware if there was any previous filling on the property. Agent Greenberg-Lemos will review previous files on the property regarding the filling of the property. Don Price, an abutter, stated there were zoning changes in 1985 and this lot could not be built on because it is only a half-acre lot. Mr. Pechonis purchased the two lots in 1985, and the Building Inspector assumed it was one lot. Price stated he did not think the lot is buildable. Paula Erickson stated she has seen all the activity on this property and questioned if it is a buildable lot. John Cumbler moved to continue 03/20/19; seconded by Lauren McKean; passed 4-0.
Baum, 30 Ryder Cove, Map 14, Parcel 12, RDA, construct 10’ x 20’ shed. Thor Baum stated the shed will be placed on a retaining wall and 3 footings. He stated he has no storage on the property and would like to have a shed of this size. Barbara Brennessel questioned the amount of disturbance and recommended planting five native shrubs as mitigation. John Cumbler identified this as a Negative 2; seconded by Michael Fisher; passed 4-0.
Ross, 945 Chequessett Neck Rd., Map 19, Parcel 98, NOI, replace 30 foot of seawall (Cont’d)
John Cumbler moved to continue to 03/20/19; seconded by Michael Fisher; passed 3-0. (Lauren McKean recused herself)
Evangelista & Kolenberg, 745, 765, 775 Chequessett Neck Rd., Map 19, Parcels 111, 110 and 109, NOI, repair timber bulkhead, reconstruct timber walkway and stairs. John Cumbler moved to continue to 03/20/19; seconded by Michael Fisher; passed 3-0 (Lauren McKean recused herself).
Lauren McKean reopened the Business Meeting again at 7:03 pm
DLTA: The Commission briefly discussed the draft by law resulting from the DLTA process. The Commission will meet at 3:00 on 03/20/19 to further discuss the draft by-law before meeting with APCC
Meeting Minutes: John Cumbler moved to approve the amended 01/16/19 minutes; seconded by Lauren McKean; passed 4-0.
Lauren McKean moved to adjourn at 7:15 pm; seconded by John Cumbler; passed 4-0.
Respectfully submitted,
Christine Bates, Committee Secretary