Approved Conservation Commission Mtg Mins

Approved

Wellfleet Conservation Commission

Meeting Minutes

April 21, 2021

Remote Meeting

Attendees: Acting Chair Leon Shreves, Michael Fisher, Barbara Brennessel, Ben Fairbank, Assistant Agent Doug Guey-Lee, and Christine Bates, Committee Secretary.

 Regrets:  John Cumbler

 4:00 pm Business Meeting

 Mail / Discussion

 Shannon, 55 Main Street (Map 15, Parcel 123), violations.  Mr. Shannon informed Agent Greenberg-Lemos he would be traveling this week and would attend the May 5, 2021 business meeting.  It was recommended the Commission do a site visit.

 Jurisdictional Opinions

Sullivan, 46 Wigwam Street (Map 35, Parcel 140): remove one pitch pine from right side of property, one dead pitch pine close to the house, and another pitch pine (total of 3 trees).  Barbara Brennessel moved to approve the Jurisdictional Opinion with the condition of planting 3 to 5 shrubs on the property as mitigation; seconded by Michael Fisher.  The Commission requested a planting plan be submitted to the Conservation Department.  VOTE:  Michael Fisher aye; Barbara Brennessel aye; Leon Shreves aye; and Ben Fairbank aye.  4-0.

 Meeting Minutes

Barbara Brennessel moved to approve the amended April 7, 2021 meeting minutes; seconded by Michael Fisher.  VOTE:  Barbara Brennessel aye; Michael Fisher aye; Leon Shreves aye; and Ben Fairbank aye.  4-0.

 Barbara Brennessel thanked Agent Greenberg-Lemos for her involvement and work in the Hawes Pond project.  She stated the Wastewater Committee will propose the construction of a culvert at Main Street to the Town.

 Barbara Brennessel stated the Public Access Committee is trying to determine who owns the path the shell fishermen use for access from the Field Point area.  She also noted kayaks are being stored in the area.  She suggested that the Right to Public Access Committee contact the State to determine who owns the property.

Barbara Brennessel noted there appears to be a new outdoor shower on Kendrick Avenue (Mayo Beach side).  She requested that the department see if it is new or a reconstruction.

Barbara Brennessel learned that Eversource is developing their 5-year plan which would start in 2022 and would like the Town of Wellfleet to be more proactive in reducing the herbicide use.  She stated Brewster is suing Eversource.  The Town approved a warrant several years ago not to use herbicides in the right of way, but the State denied the request.  She requested the Commission consider adding this item to our regulations. 

Barbara Brennessel moved to adjourn the business meeting at 4:30 pm; seconded by Michael Fisher.  VOTE:  Barbara Brennessel aye; Michael Fisher aye; Ben Fairbank aye; and Leon Shreves aye.  4-0. 

5:00 - Public Hearings:

Hespelt, Map 40, Parcels 36 and 38, 53 E. Street and 70 F Street, RDA, septic upgrade and well relocation.  Michael Fisher made the disclosure of Appearance of Conflict of Interest stating that “I am a Trustee of the Wellfleet Conservation Trust, a 501 (c) non-profit organization which is not a business organization, and the Wellfleet Conservation Trust has an interest that will be affected when I perform my official duties with regard to this application.  Taking into account that facts that I have disclosed above, I feel that I can perform my official duties objectively and fairly”.  Jason Ellis represented the applicant and provided an overview of the project.  He stated the property has been sold and a septic upgrade and well relocation is necessary.  The project was approved by the Board of Health.  Michael Fisher stated there are rusty containers within the buffer zone as well as logs and would like to see the area cleared up.  Discussion took place regarding the use of an I/A system and Ellis replied it would cost $20,000 dollars extra and that the proposed system is within all regulations.  The leach field is 73 feet from the edge of the wetland.  Abutter Kotacks questioned how close the system would be to their well, and Ellis replied it provides 100 foot separation to all the wells in the area.  Barbara Brennessel identified the RDA as a Negative 3; seconded by Michael Fisher.  VOTE:  Barbara Brennessel aye; Michael Fisher aye; Ben Fairbank aye; and Leon Shreves aye.  4-0.

At the request of Charlie Agro from Coastal Engineering, the Commission agreed to hear the Shaderofsky NOI next since he had another meeting to attend.

Shaderowfsky, Map 28, Parcels 114 and 113, 77 and 83 Samoset, NOI, construct seawall (Cont’d)  He stated they have revised the plans and instead of utilizing the vinyl, they will use a concrete return portion of the revetment.  There is a modification to the footprint with moving the project closer to the coastal bank and tapering it into the coastal bank resulting in more beach access.  He stated there is a tidal swing of 9 feet from high tide to low tide.  The intertidal zone construction will take place at low tide and equipment will be moved to higher ground at high tide.  The finished project will look like a sandy slope with vegetation.  There will be a preconstruction meeting with the Shellfish Department.  Agro stated there will be bench marks to identify nourishment volumes.  The 3-tier monitoring approach will be utilized: to leave renourishment plan as is, adjust volume of renourishment when needed, and have a Town Fund in case sand nourishment would be better placed elsewhere.  Removeable aluminum stairs will be labeled with name and address and there will be no storage of the stairs on any vegetation.  Barbara Brennessel moved to approve the NOI with conditions; seconded by Michael Fisher.  VOTE:  Barbara Brennessel aye; Michael Fisher aye; Ben Fairbank aye; and Leon Shreves aye.  4-0.  Supervisor:  Agent

Coser, Map 16, Parcel 628, 210 Buttry Way, NOI, remove 3 trees and limb 7 trees within the 50’ filter strip.  A site visit was made.  David Lajoie represented the applicant and provided an overview of the project.  All work will be performed by hand, access will be the driveway.  Jeremy Young stated the tree closest to the house is posing a risk and the other two trees are dead.  Michael Fisher moved to approve the NOI with the conditions that replanting will be a 3 to 1 ratio for trees or to plant 9 bushes and the sailfish under deck will be removed and no future storage will be allowed under the deck; seconded by Ben Fairbank.  VOTE:  Ben Fairbank aye; Leon Shreves aye; Michael Fisher aye; and Barbara Brennessel aye.  4-0. 

Burns, Map 22, Parcel 18, 40 Chipman’s Way, NOI, Construct new front porch and new screen porch, driveway to be altered, new in-ground propane tank, generator and shed.  David Lajoie represented the applicant and provided an overview of the project(s) and the locations.  He stated the existing deck will be transformed to a porch which will be expanded 2 feet.  The plant mitigation will be 5 eastern red cedars and new lawn where the driveway is ending using harmony blend grass seed.   The Commission expressed concern with the amount of disturbance which would bring the total to over 6,680 sq. ft. Barbara Brennessel read the regulations for work in the 50 foot filter strip.  Lajoie stated the area is in the flood zone and not within a wetland, dune, etc.  The Commission requested a revised plan to identify the amount of disturbance, reduction in the proposed lawn, statement that the irrigation system will be removed after one year, and any other reductions to the general plan to reduce or eliminate any disturbance within the 50’ Filter Strip from the top of the coastal bank.  Ben Fairbank moved to continue to May 5, 2021; seconded by Michael Fisher.  VOTE   Barbara Brennessel aye; Ben Fairbank aye; Leon Shreve aye; and Michael Fisher aye.  4-0.

Spear / Janis, Map 19, Parcel 105, 835 Chequessett Neck Rd., NOI, install flagstone walkway, remove root intrusion which is affecting existing septic system area.  Jeremy Young and David Lajoie represented the applicant(s).  Ms. Spear stated they had to remove the roots from trees that were creating septic issues.  They would like to install a flagstone walkway to the garden, and enlarge the garden area, as well as extend a walkway towards to water.  The Commission expressed concern with the amount of walkway, particularly toward the water and after discussion, the applicant agreed to reduce the amount of walkway(s).  Michael Fisher moved to approve the NOI with conditions that the walkway will not be within the 50’ buffer zone and a new plan will be submitted to the Agent identifying the amount of disturbance and a planting plan; seconded by Barbara Brennessel.  VOTE:  Ben Fairbank aye; Barbara Brennessel aye; Michael Fisher aye; and Leon Shreves aye.  4-0.  Supervisor:  Ben Fairbank.

Kmiec, 40 Ridge View Dr., Map 13, Parcel 135, RDA, remove dead and damaged trees, selectively cut 3 damaged pines.  This is an after the fact filing.  The applicant did not participate in the hearing, the second time that the applicant failed to appear.  The Commission was informed that a Google Earth picture from October 2018 of the property showed that the land had a dense tree canopy at that time but now the land has been clear cut.  Doug Guey-Lee will discuss this with Agent Greenberg-Lemos.  Barbara Brennessel moved to continue to May 5, 2021; seconded by Michael Fisher.  VOTE:  Barbara Brennessel aye; Ben Fairbank aye; Leon Shreves aye; and Michael Fisher aye.  4-0.

Boehringer : Map 35, Parcels 21 2 and 33, 0 off Bay View and 10 Bay View, NOI, shorefront protection  At the request of the applicant to continue to May 5, 2021, Michael Fisher moved to continue to May 5, 2021; seconded by Barbara Brennessel.  VOTE:  Barbara Brennessel aye; Ben Fairbank aye; Leon Shreves aye; and Michael Fisher aye.  4-0.

Michael Fisher moved to adjourn at 6:30 pm; seconded by Barbara Brennessel.  VOTE:  Barbara Brennessel aye; Michael Fisher aye; Ben Fairbank aye; and Leon Shreves aye.  4-0.

Respectfully submitted,

Christine Bates, Committee Secretary