Approved Conservation Commission Mtg Mins

Meeting date:

Wednesday, March 3, 2021

Conservation Commission

Meeting Minutes

March 3, 2021

Remote Meeting

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

Regrets: John Portnoy and Ben Fairbank

John Cumbler moved to elect Michael Fisher as acting Chair for this meeting. Barbara Brennessel will serve as temporary Vice Chair. Michael Fisher moved to appoint Leon Shreves as temporary acting chair for future meetings; seconded John Cumbler – VOTE Barbara Brennessel aye; John Cumbler aye; Michael Fisher aye; and Leon Shreves aye. 4-0.

Acting Chair Michael Fisher opened the meeting. Roll Call, Barbara Brennessel, John Cumbler, Leon Shreves and Michael Fisher.

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

Mail / Discussion

Discussion of draft decision for the remand hearing located at 1440 Chequessett Neck Road. Michael Fisher stated this is not a hearing so no new information will be accepted and the purpose is to draft the remand decision. Attorney Amy Kwesell reviewed 10 findings that will be part of the remand decision. These included the date of the remand; if the structure was considered being built before 1978; discretionary verbiage “shall vs may”; if a solution has been tried and failed; the National Seashore’s letters were not addressed; project / property were not specific to the property; and applicant’s statements that there would be no adverse effects to abutting property which was not upheld with scientific information. The Commission needs to determine that there will be no impact to abutters properties, that there is missing information, and a peer review is required. The National Seashore backed up their conclusions with two experts. There is currently an alternative solution which appears to be working. Even if the court holds that no new information can be introduced, the soft solution appears to be working sufficiently. The Commission’s findings from December 2018 will be included. Barbara Brennessel moved to have Attorney Kwesell write up the remand paperwork with the information provides; seconded by John Cumbler; VOTE: Barbara Brennessel aye; John Cumbler aye; Leon Shreves aye and Michael Fisher aye. 4-0

Mail / Discussion

Agent Greenberg-Lemos stated she has had correspondence with the owners of 135 Old Truro Road.

Ben Fairbank joined the meeting at 5:10 pm.

Upper Herring River Tidal Restrictions- MET Grant Agent Greenberg-Lemos stated she and Lauren McKeen are working on this together. Friends of Herring River provided grant money. They will get Historical Resources identified. She will keep the Commission notified of the progress. Barbara Brennessel and John Portnoy are involved in this project and will not be able to vote on this. John Cumbler stated he had a discussion with Trudy Vermehren and she might consider returning to the Commission on a temporary basis.

Draft Harbor Management Plan: Agent Greenberg-Lemos stated John Riehl will be finalizing the plan after he gathers all input from the various organizations / committees. Helen Miranda Wilson clarified that there are two different species of clams which are mentioned from the Shellfish Committee. One of the species typically lives in the south but are migrating to the north so they incorporated the species into their regulations.

Barbara Brennessel requested permission to include portions of the small vessel regulations in brochures for the seasonal newsletter. It will educate certain regulations to the public. She will provide the article to the Commission for their review. John Cumbler moved to approve the request; seconded by Leon Shreves. VOTE: John Cumbler, Michael Fisher, Ben Fairbank, Leon Shreves. 4-0.

Agent Greenberg-Lemos stated we are frequently receiving late paperwork for continued hearings and we need to make it known to people that if the office does not receive paperwork one week prior to the hearing date, the hearings will not be heard and be continued. This policy will be followed except in rare, emergency cases.

Barbara Brennessel reported a large sandbag is on the beach near Duck Harbor.

John Cumbler reported there is a septic system a letter to the property owner. It is located between LeCount and Bob Boehringer’s on the ocean side.

Jurisdictional Opinions

Ethan Etsey – site visit (Cont’d) A site visit was made by the Commissioners. Michael Fisher recused himself because the requested route would be over Conservation Trust land. The route may also be over Audubon land, so they should be consulted and would need to give permission. Barbara Brennessel stated he will have to find an alternative access and suggested he and Nancy Civetta review the area. The Commission requires more information. John Cumbler moved to continue indefinitely; seconded by Barbara Brennessel. VOTE: Barbara Brennessel aye; Leon Shreves aye; John Cumbler aye; and Ben Fairbank aye. 4-0-1.

54 Valley Road (Cont’d) Peter Mahon stated he received a quote to move the pole out of the wetland and it would be on the driveway and close to the house. He is going to get a quote to have the pole located closer to the top of the hill and then bury the electric line beneath the driveway from there to the house. He stated the house is on the National Registry and is considered a Historic Building. John Cumbler moved to approve the project; seconded by Barbara Brennessel. VOTE: Michael Fisher aye; Barbara Brennessel aye; Leon Shreves aye; Ben Fairbank aye; and John Cumbler aye. 5-0.

Meeting Minutes to be addressed at the March 17, 2021 meeting.

John Cumbler moved to close the business meeting at 4:45 pm; seconded by Leon Shreves. VOTE: Barbara Brennessel aye; Ben Fairbank aye; Leon Shreves aye; John Cumbler aye and Michael Fisher aye 5-0.

Public Hearings 5:00

Shaderowfsky, Map 28, Parcels 114 and 113, 77 and 83 Samoset, NOI, construct vinyl seawall (Cont’d). At the request of the applicant, Leon Shreves moved to continue to 3/17, seconded by Barbara Brennessel. VOTE: Barbara Brennessel aye; Ben Fairbank aye; Leon Shreves aye; John Cumbler aye and Michael Fisher aye 5-0.

Rosenbaum, 100 2nd Ave., Map 40, Parcel 136, NOI, construct 2nd Floor and reconstruct existing deck. Placement of sand fill on northern side of dwelling. Attorney Zehnder represented the applicant and responded to information the Commission had requested. There is the calculations of 425 cu ft of materials, there will be no new decking added, and the house appears to look higher on the north side because they want to bring some fill in to smooth the grade down to the foundation area. The walkways will be reinstalled and beach grass will be planted on the newly filled area to stabilize it. Two windows will be covered in the basement by the fill. Leon Shreves expressed concern with adding more weight on the foundation in order to get a second story. John O’Reilly provided information regarding the load bearing on the structure and stated the second story addition will not have an impact to the stability of the bank. Attorney Zehnder stated the zoning bylaw defines what a basement is and that zoning permits the applicant to place fill around the basement. He stated the fill will not change any filter strip resources. Mr. O’Reilly stated the entire lot is within the 50’ buffer zone and parking is within the road layout and not on the property. If there is any beach renourishment, the owner of the property will have to come to the Commission. Leon Shreves moved to approve the NOI; seconded by Barbara Brennessel. VOTE: Barbara Brennessel aye; Leon Shreves aye; John Cumbler no; Ben Fairbank aye; Michael Fisher aye. 4-1. Supervisor: Leon Shreves

Roberson, Map 28, Parcel 107, 117 Samoset Ave., Certificate of Compliance. Agent Greenberg-Lemos stated the Order of Conditions was issued in 1990 and Coastal Engineering sent a letter stating the project is in compliance. Barbara Brennessel moved to approve the Certificate of Compliance; seconded by Leon Shreves. VOTE: Barbara Brennessel aye; Leon Shreves aye; John Cumbler aye; Ben Fairbank aye; Michael Fisher aye. 5-0

Spindler, Map 22, Parcel 9, 120 Sandpiper Hill Rd., After the Fact RDA, replace brick walkway with pavers, replace stairway, plant beach grass in disturbed area (Cont’d) Jeanne May and Mr. Spindler represented the property. The walkway was replaced in the same location with changing the materials. After the fact filing fee was paid. The pavers are the same as far as not being permeable. The deck was part of a remodeling project with the same dimensions. Barbara Brennessel stated Mr. Spindler performed work which required permitting as well. He was advised to attach identifying tags to the bottom sections of the stairway in the event they get loose during a storm or high tide. Barbara Brennessel identified the RDA this as a negative 2; seconded by Leon Shreves. VOTE: : Barbara Brennessel aye; Leon Shreves aye; John Cumbler aye; Ben Fairbank aye; Michael Fisher aye.. 5-0.

Coates, Map 30, Parcel 120, 10 First Ave., NOI, remove and prune trees to improve view. Mitigate with native vegetation. Charles Wentz of Ponderosa Landscaping provided an overview of the project. On the north side, there are approximately 9 trees to remove in the view area and remove trees close to the house. There are several little pines located down the hill, and they want to plant the area with grasses. To the west, they want to thin out the pines so they can grow better and give bearberry additional sun, which results in approximately 85 seedlings. He stated they want to prune laterally 2 oak trees and pitch pines in the view area, and 1 pine flush cut. For mitigation they will plant 167 plants including shrubs, perennials and switch grass. Discussion took place regarding the northern exposure area and the bank. The Commission agreed the trees by the house do not look threatening at this time. The Commission requested Mr. Wentz come back with a plan which is scaled down, especially concerning the trees on the coastal bank that are not in the view corridor. He will submit a revised plan for the 3/17/21 meeting. Barbara Brennessel moved to continue to 03/17/21; seconded by Leon Shreves. VOTE: : Barbara Brennessel aye; Leon Shreves aye; John Cumbler aye; Ben Fairbank aye; Michael Fisher aye. 5-0

Simone: Map 28, Parcels 186 and 185, 5 and 11 Samoset, NOI, shorefront protection and beach renourishment (Cont’d). The paperwork had not been submitted from the Peer Review. John Cumbler moved to continue to 3/17/21; seconded by Barbara Brennessel. : Barbara Brennessel aye; Leon Shreves aye; John Cumbler aye; Ben Fairbank aye; Michael Fisher aye. 5-0.

Michelson: Map 28, Parcel 184, 21 Samoset, NOI, shorefront protection (Cont’d) The paperwork had not been submitted from the Peer Review. John Cumbler moved to continue to 03/17/21; seconded by Barbara Brennessel. VOTE: Barbara Brennessel aye; Leon Shreves aye; John Cumbler aye; Ben Fairbank aye; Michael Fisher aye 5-0

Boehringer Peer Review: Map 35, Parcels 212 and 33, 0 off Bay View and 10 Bay View, NOI,

shorefront protection (Cont’d) The paperwork had not been submitted from the Peer Review. Barbara Brennessel moved to continue to 03/17/21; seconded by John Cumbler. VOTE: Michael Fisher recused himself. Barbara Brennessel aye; Leon Shreves aye; John Cumbler aye; Ben Fairbank aye 4-0-1.

Barbara Brennessel moved to adjourn at 5:50 pm; seconded by John Cumbler. VOTE: Barbara Brennessel aye; John Cumbler aye; Leon Shreves aye; Ben Fairbank aye; and Michael Fisher aye 5-0.

Respectfully submitted,

Christine Bates, Committee Secretary

Documents

Ethan Etsey drawing of his shellfish grant area

Rosenbaum: NOI filing and back up materials

Roberson: Request for Certificate of Compliance

Spindler: revised plans

Coates: NOI and site plan