Minutes of Conservation Commission Public Meeting
Date October 19, 2011
Time:4:00 pm
Location:Town Hall
Commissioners Present: Co-Chair Trudy Vermehren, Co-Chair Terry Gips, Lauren McKean, Campbell Rea and Ed Simpson
Regrets: Ginie Page
Staff Present: Hillary Greenberg-Lemos, Andrew Petty and Christine Bates
4:00 - Business Meeting & Conservation Agent's Report
Co-Chair Terry Gips called the meeting to order at 4:00 pm
Boats, Floats and Rafts:~ Guests: Ned Hitchcock, John Riehl, and Mike Flanagan. In late 2006 and early 2007, the Commission discussed formalized and adopted a resolution regarding the presence of small boats/watercraft that are stored in various locations on the beaches and shoreline throughout the Town. The Commission’s concern was with their negative impact on the resources. The resolution was forwarded to relevant boards and committees to support similar efforts to manage watercraft on town landings and beaches. Ned Hitchcock read from Shellfish regulations that restrict boats and other equipment in these locations as well as from Section 7 of the Marina Rules and Regulations put into effect in 2011 that are consistent with the Shellfish regulations but require that all small boats, tenders,
dories, canoes, kayaks, etc. be removed from beaches and landings by November 1st of each year. In addition, the Marina rules require that all watercraft have identification information on them. Mike Flanagan recommended that an article be placed in the local newspaper as soon as possible to inform boat owners that this regulation will be enforced in November 2011. It was agreed that Mike and Ned would prepare such an article for the Banner, Cape Codder, and the Town website.
The Harbormaster has designated certain areas where tenders for moored boats (on the north-west side of Chipman’s Cove on Indian Neck) and other small boats (Power’s Landing) may be stored on town land during the spring/summer/fall season. John Riehl stated kayaks and canoes should not be on a salt marsh or dune and stated there are too many vessels on town owned property. Agent Greenberg-Lemos stated the regulations are difficult to enforce because the wording is for temporary placement. Terry Gips gave an overview of the possibility of requiring stickers for vessels and several related issues were discussed such as cost, where they could be purchased, and enforcement. Mike Flanagan stated people who have paid for moorings and have dinghies for access to their boats should not be charged
additional fees. There was also discussion about the increase in the number of racks at Gull Pond and the presence of abandoned boats on private property. There is a map on the town website identifying town landings and town ways to the water that should be used as a starting point to determine which areas the Town would be able to regulate. It was acknowledged that the Town has no clear way to restrict the use of private beaches or shoreline.
It was reported that the Marine Advisory Committee had requested Mike Flanagan to issue a citation for Valli’s barge. Agent Greenberg-Lemos stated she feels the Shellfish Committee should be enforcing this because the barge is located on shellfish areas.
Public Hearings 5:05 pm:
Judge, 40 Riverview Rd, Map 7, Parcel 57, Certificate of Compliance. The septic system was inspected. Trudy Vermehren moved to approve the Certificate of Compliance; seconded by Ed Simpson; passed 5-0.
Coates, 10 First Ave, Map 30, Parcel 120, NOI, Removal of existing brick patio and masonry retaining wall and stairs, construct deck, porch, stairs pervious block patio and timber retaining wall.~ At the applicant’s request, Terry Gips moved to continue to November 2, 2011; seconded by Trudy Vermehren; passed 5-0.
O’Connor, 90 LeCount Hollow Rd., Map 30, Parcel 9, NOI, Remove existing garage and barn and replace with wood frame structure. Emily Beebe represented the applicant, and David Quinn and Bill O’Connor came to the table as well. Approval from MESA and a file number from DEP had not been received. Beebe stated there will be a full foundation under the new structure and that the lower level is a walkout basement. Commissioners expressed concern that this would increase the intensity of use in the buffer zone. The square footage of the existing garage and barn combined will be replaced with the same square footage (footprint) for the new structure, but it was noted that the proposed plan shows an increase in disturbance within the 50’ buffer zone. Beebe emphasized the new structure would be using the
existing footprint of the barn. Several questions were raised regarding the function of the new building as a “bunkhouse” since the plans included a kitchen, bath and other rooms. Beebe explained that there is enough capacity in the septic system to accommodate additional bedrooms. Beebe agreed to have a discussion with the Building Inspector regarding the proposed project to determine if it was considered a new dwelling and if it would meet other regulations. The commission requested plans that indicating grade changes on the site as well as parking and the location of the septic system. Trudy Vermehren moved to continue to November 2, 2011; seconded by Ed Simpson; passed 5-0.
Yankelovitch, 374 King Phillips Rd., Map 35, Parcel 182, Extend rock revetment (Cont’d from 10/05/11). Agent Greenberg-Lemos stated the Emergency Certification had expired and requested the Commission grant a new emergency certification, but instead of using steel they will use a pile wall and the material will be determined based upon availability. The applicant also requested a continuation for the NOI to November 2, 2011. Terry Gips moved to continue to November 2, 2011 for the NOI; seconded by Ed Simpson; passed 5-0.~ Trudy Vermehren moved to grant a 30 day Emergency Certification with the condition the applicant submit a plan identifying materials and provide the State a copy of the information; seconded by Ed Simpson; passed 5-0.
Tery Gips moved to close the public hearings; seconded by Cary Rea; passed 5-0.
Business Meeting reopened at 5:45 pm.
There was discussion regarding the degradation and erosion at LeCount. Ed Simpson stated the DPW had been doing some excavation on Ocean View Drive on Friday, Oct. 15. Agents will make a site visit.
MAIL: Div. of Marine Fisheries reviewed the MA Audubon shellfish propagation program and made no recommendation.
A copy of a letter from John Smith to Barbara Gray regarding storm water issues was read.
Cape Cod Cooperative Extension: Wildfire plan being developed.
Meeting Minutes:
Trudy Vermehren moved to approve the amended October 5, 2011 meeting minutes; seconded by Campbell Rea; passed 5-0.
Terry Gips moved to approve the amended August 17, 2011 meeting minutes; seconded by Trudy Vermehren; passed 4-0.
Trudy Vermehren moved to approve the amended September 7, 2011meeting minutes; seconded by Ed Simpson; passed 3-0.
Trudy Vermehren moved to approve the amended September 21, 2011 meeting minutes; seconded by Ed Simpson; passed 4-0.
Agent Greenberg-Lemos distributed a draft copy of the brochure to the commission and requested comments be sent to her via e-mail by Nov. 2.
Campbell Rea moved to adjourn at 6:30 pm; seconded by Ed Simpson; passed 5-0.
Respectfully submitted,
Christine A. Bates, Committee Secretary
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