Approved Conservation Commission Mtg Mins

Meeting date: 
Wednesday, March 4, 2020


Wellfleet Conservation Commission

Meeting Minutes

March 4, 2020

Town Hall Meeting Room

Attendees:  Deborah Freeman, Michael Fisher, John Cumbler, Leon Shreves, Barbara Brennessel, Agent Hillary Greenberg Lemos, and Christine Bates, Committee Secretary 

Regrets:  John Portnoy

4:00 - Business Meeting & Conservation Agent's Report

Mail / Discussion

The Wellfleet Conservation Trust requested to be included in the business meeting on 3/18/20 to put in a road to haul sand.  It appears there will not be a quorum for a vote based on conflicts of interest.  Agent Greenberg-Lemos will contact Trudy Vermehren to see if she would join the Commission on a temporary basis.  Agent Greenberg-Lemos will contact Denny O’Connell to reschedule the meeting for the April timeframe.      

There is a Herring River Restoration meeting with the Cape Cod Commission scheduled for  March 9, 2020 at 5:00 pm.  Deborah Freeman would appreciate if the Commissioners could attend.

The Wellfleet Recycling Committee will attend the business meeting on 3/18/20 to discuss single use plastic bottles.

There was a discussion regarding the potential building of a home within the dunes in Wellfleet which was featured in an architectural magazine.  The Commission expressed concern that the magazine article made it appear that this type of home, built into a dune without proper review, can be done on Cape Cod.  John Cumbler moved to have Agent Greenberg-Lemos send an e-mail to the architect and the owner, if the name is available; seconded by Barbara Brennessel; passed 5-0. 

Waste Water Letter to Select Board – to be discussed at a later meeting

DLTA – The Cape Cod Commission awarded the town with $22,500 for revising the bylaws and regulations.  This will not be enough money to complete the project. Agent Greenberg-Lemos suggested using money from the Conservation fund. The funds would be used to complete the redrafting of the bylaws and ensure they are in line with local regulations.  The bylaw and regulation changes will go before the Town in 2021.   Barbara Brennessel moved to use Conservation Commission money for the bylaw and regulation review; seconded by John Cumbler; passed 5-0.

Jurisdictional Opinions

Seashell Condo 575 Chequessett Neck Rd., Map 19, Parcel 120.  Leif Valli came to the table.  The stairs going to the beach are unsafe and they want to replace them.  Agent Greenberg-Lemos passed around a picture of the current stairs.  All work will be done by hand.  John Cumbler moved to approve the Jurisdictional Opinion; seconded by Leon Shreves; passed 5-0.

Randy and Pat Bartlett, Map 4, Parcel 33, remove one large dead tree, covered with poison ivy, and leaning toward a propane tank.  Work will be done by a bucket truck.  Barbara Brennessel moved to approve the Jurisdictional Opinion; seconded by Michael Fisher; passed 5-0.

Meeting Minutes:  Barbara Brennessel recused herself.  John Cumbler moved to approve the amended February 19, 2020 meeting minutes. Seconded by Leon Shreves; passed 4-0.

Barbara Brennessel moved to close the business meeting at 4:50 pm; seconded by John Cumbler; passed 5-0.


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 (Cont’d) 

The DPW has requested a continuation.  Michael Fisher moved to continue indefinitely; seconded by John Cumbler; passed 5-0.

Cortes, 350 Goss Lane, Map 36, Parcel 16, RDA, minor encroachment into buffer zone for construction of new dwelling, water line and final grading.  Michael Fisher stated the Wellfleet Select Board has approved his Disclosure of Appearance of Conflict of interest (MA GL c. 268A para 23(b)(3) form and that he is able to perform his official duties objectively and fairly in this case.  David Lajoie of Felco Inc. represented the applicant and provided an overview of the project.  The house is outside of elevation 13.  The buffer zone is the work limit line, and a small amount of work will be in the buffer zone for regrading and the well.  There will be no trees taken down within the Commission’s jurisdiction.  John Cumbler stated he is not in favor of a Title 5 septic system within the area.  Michael Fisher identified the RDA as a negative 3; seconded by Barbara Brennessel; passed 4-1 (with John Cumbler  not in favor). 

Roberson, 117 Samoset Rd, Map 28, Parcel 107, NOI, septic upgrade.  Robert Reedy and Sophia Annis, realtor came to the table.  The current system has failed.   There will be an I/A system installed.  Mr. Reedy gave an overview of the system, as well as the location of the leach field and well.  Michael Fisher asked if there were other options for the location of all the systems (septic, leach field, and well).  He stated the system had to be located in the proposed spot due to other people’s wells in the area and when questioned about locating the leach field to the east, Mr. Reedy stated they were working with holding the 50’ restraints from the wells.  Barbara Brennessel stated she would not like to see anything within the 50’ buffer zone.  The well cannot be relocated due to neighboring wells.  John Cumbler would like to know what the Board of Health decides before rendering a vote.  Mr. Reedy stated he would like to continue to 3/18/20.  John Cumbler moved to continue to March 18, 2020; seconded by Barbara Brennessel; passed 5-0.

Kane, 30 Higgins Lane, Map 15, Parcel 119, NOI, repair breach in earthen dike (Cont’d).  Mr. Kane stated the letter from MESA came this afternoon.  Agent Hillary Greenberg-Lemos stated it will not affect any resources.  Mr. Kane stated he had removed most of the cement materials and when he has assistance, he will remove the rest.  John Cumbler moved to approve the NOI; seconded by Leon Shreves; passed 4-0 (Barbara Brennessel recusing because she was not at the original meeting). John Cumbler will be the supervisor

Cohn, 40 First Ave., Map 30, Parcel 124, NOI, install patio to the left of house with a low stone wall, add stone walkway to the right of the house, prune selected trees, and mitigate with plantings (Cont’d)  Charles Wentz of Ponderosa Landscaping came to the table.  Deborah Freeman requested that the total amount of disturbance to the property be identified.  Mr. Wentz provided additional materials identifying the disturbance.  Mr. Wentz stated he felt the number is 580 sq. ft..  However, the Commission stated they wanted a single drawing identifying all the changes from 2017 to current.  Mr. Wentz stated he provided some mitigation for the stone wall and will reduce the size of the of the patio.  He stated additional plants could be placed on the property.  Agent Greenberg-Lemos reiterated the Commission requires the current disturbance and what the disturbance will be within the buffer zone with this project.  John Cumbler moved to continue to 3/18/20; seconded by Michael Fisher; passed 5-0.

VanCleave, 489 State Hwy, Map 42, Parcel 129, RDA, remove 13 trees (safety issues, poor health  (Cont’d)  There was no representative for the hearing.  Agent Greenberg-Lemos will send an e-mail to Mr. Van Cleave.  Barbara Brennessel moved to continue indefinitely; seconded by John Cumbler; passed 5-0.

SLA Nominee, 1005 Chequessett Neck Rd., Map 19, Parcel 94, NOI, Proposed replacement of an existing coastal engineering structure (Cont’d).  David Rheault,, abutter, stated he and his wife support of the project.  Barbara Brennessel moved to continue indefinitely; seconded by John Cumbler passed 5-0.  Deborah Freeman asked Agent Greenberg to contact the applicants to ask about the grade of the road, if police / fire fighter approval are needed, the opposition to the project, and the full cost of the project, including revegetation and the type and size of trees and shrubs.  A bond could be imposed up to $100,000.  Deborah Freeman requested experts be involved in the project to provide the necessary information to the Commission.  .

John Cumbler moved to adjourn at 5:45 pm; seconded by Barbara Brennessel; passed 5-0.

Respectfully submitted,

Christine Bates, Committee Secretary

Materials submitted:

Cortez:  RDA and site plan

Roberson:  NOI and site plan

Kane:  pictures of area

Cohn:  documentation of disturbance