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Cons Comm Minutes 01/18/12
Minutes of Conservation Commission Public Meeting
Date: January 18, 2012
Time: 4:00 pm
Location: Town Hall

Commissioners Present:Co-Chair Terry Gips, Lauren McKean, Campbell Rea and Ed Simpson
Regrets: Trudy Vermehren and Ginie Page
Staff Present: Hillary Greenberg-Lemos and Christine Bates
4:00 - Business Meeting & Conservation Agent's Report
Co-Chair Terry Gips called the meeting to order at 4:08 pm

·   Bob Prescott, MA Audubon:  Turtle Habitat Management.  Bob Prescott stated MA Audubon would like to create additional turtle habitats and in order to do that, some vegetation has to be removed because the turtles do not like beach grass roots, but other vegetation could be planted in its place.  He was asking the Commission for direction on what paperwork would be required.  The first project they would like undertake is town owned property on Lt. Island called Turtle Point.  They want to remove 10 or 12 pitch pines.  The pines on the crest would remain.  MA Audubon owns a small piece of land which abuts this property and they want to remove its pitch pines on as well.  This would require two separate RDA’s.  If funding comes through from the State, there are other areas in town which the Audubon wants to pursue for habitat management and will file separate RDA’s.

·    Boats/Floats/Rafts on Town Property. Terry Gips provided a draft regulation on Small Boat Identification Program/Regulation for Wellfleet.  Gips gave an overview of the problems that have been encountered in the past.  It is the Commission’s responsibility to protect town conservation property and its wetland resources.  Barbara Brennessel expressed concern with people leaving vessels on the dunes and marsh areas, as well as people using cinder blocks as moorings.  It was suggested that the regulation make clear that the Town would not be responsible for lost or stolen vessels. Suzanne Thomas offered to share the relevant language from Town Counsel that was put into the contract for boat storage at Gull Pond. There was discussion about  vessels left in an old parking lot on Long Pond which is on National Seashore property.  Gips stated there will be a map available identifying the areas for people to leave their vessels   Regarding the section of the draft regulation about vessels left on private property, there was discussion about who would have the legal authority to remove them.  Suzanne Thomas wanted to know if there would be a cap on the number of vessels allowed on town property and several audience members as well as Commissioners felt that there should be a cap.  She stated the Beach Office will have applications on the town website for beach stickers and permits for the racks at Gull Pond, etc. and will not be enclosing applications in the tax envelopes.  This will alleviate the printing costs to the town.  John Ryerson stated the people who have had previous permits are given preference for the following year and there is a waiting list with about 20 to 30 available spots each year.  The stickers on the vessels stored at Gull Pond have names and numbers.  Thomas stated that beginning in 2012, they will monitor the boat launch to determine the daily usage of the vessels.  Ryerson estimated approximately 30 vessels are on the pond (other than Jack’s Rental Boats) per day. Thomas stated Ryerson might be available to monitor other locations.  Thomas stated Audubon or the Seashore have kayak tours at Gull Pond early in the morning, typically two or three days per week. Thomas suggested using two(2) or three (3) parking spots at Powers Landing for racks eliminating any vessels on the beach.  She also  stated Indian Neck would be a good location for racks.  It was noted that DPW built the current racks at the approximate cost of $175 each.   Denny O’Connell recommend that a maximum number of vessels be allowed at each location based and that priority of beach space be for beach goers.  

      There was extensive discussion of the needs of shell fisherman who probably use larger boats that cannot be placed on the racks and may have more than one boat and more than one person working a grant.  There was also discussion about whether there was sufficient time to implement the plan this year and how to get the word out to owners of small vessels. Thomas recommended placing notices on the boats when they are put in the water instead of doing a mass mailing   Ned Hitchcock suggested putting an article in the newspaper to inform people.  Gips stated temporary signs could be placed in the launch areas.  The evidence required to get a sticker would be the same as that required of someone purchasing a beach sticker

Agent Hillary Greenberg-Lemos reported an Assistant Agent had been hired and had started work.

Public Hearings 5:00 pm:

Ziering, 115 Way 89, Map 29, Parcel 285, Certificate of Compliance.  On 10/24/11 a site visit was made and the assistant agent stated it is in compliance.  Campbell Rea moved to approve the Certificate of Compliance; seconded by Ed Simpson; passed 4-0 with an ongoing condition that the grass remain natural.

Town of Wellfleet, NOI, Paving and Drainage of various sites within Wellfleet (Cont’d from 01/03/12).  Paul Millett of EPG and Paul Lindburg of the DPW stated there will be no net changes in elevations of any roads and no permanent alterations.~ Millett~ recommended a pre-planning meeting with the Agent and the DPW to identify any potential wetlands and a potential site visit for specific areas.~ For the record, Agent Greenberg-Lemos stated Andrew Petty made a site visit with the DPW on Cove Road.~ The DPW will work with the Commission to return the vernal pool area on Cove Road to its previous state.~ Lindburg stated work is done for the winter months and is not sure when additional work will be performed.~ Ed Simpson moved to approve the NOI; seconded by Campbell Rea; passed 4-0 with conditions.~ Supervisors: agents and commissioners.~~~~

Yankelovitch, 374 King Phillips Rd., Map 35, Parcel 182, Extend rock revetment (Cont’d from 01/04/12).  George Prebble stated the project has received the Conservation Management Permit from Natural Heritage with the provision there be a net benefit. The Yankelovitch’s want to work with MA Audubon and have established escrow account of $20,000.   An additional $15,000 escrow account has been set up to cover future renourishment (which will take place in March of each year) if the owner fails to meet their agreement.  MA Audubon will require approval for their project by NHSP.  Chapter 91 will now be filed.  Greg Sampson, attorney for the Prager’s, requested 200 cu yds of renourishment be placed annually and the Prager’s are happy with the escrow account for renourishment.  There was discussion regarding potential storms and the ability to replace sand on the toe if it were necessary during the timeframe when turtles are active.  Prebbel stated additional paperwork would have to be filed if that situation arose.  Ed Simpson moved to approve the NOI; seconded by Campbell Rea; passed 4-0.  Supervisor:  Campbell Rea

Bernstein, 95 Wigwam Rd., Map 35, Parcel 206, addition of deck (Cont’d from 01/04/12).~ Chet Lay and Manny Heyliger represented the applicant and provided a revised plan identifying the ACEC and a new plan for a smaller deck located on the east side supported by three new sonotubes footings.  The northeast corner of the extended deck will be cantilevered  The Commission held a lengthy discussion regarding the proposed shed and Chet Lay withdrew the shed from the NOI.  Ed Simpson moved to approve the NOI; seconded Campbell Rea; passed 4-0 with conditions.  Supervisor:  Terry Gips

Cashin, 21 Arthur Cashin Way, Map 40, Parcel 148, NOI, Septic Upgrade (Cont’d from 01/04/12).  Stephanie Sequin represented the applicant and gave an overview of the project.  DEP provided a number for the project.  The issue of removing material from the site was discussed and the applicant would like to place the excavated material in the southerly driveway which is lower in elevation.  Sequin stated approximately 24 sq yards could be placed in the driveway with hardener and the remainder of the material spread out over other parts of the property within the work limit.  Sequin stated Mr. Cashin would prefer to redistribute the sand on his own property, but may consider offering the sand to his neighbor for renourishment on the beach.  Ed Simpson moved to approve the NOI; seconded by Lauren McKean; passed 4-0 with conditions.  Supervisor:  Agent

The Public Hearing was closed at 6:25 pm and the Business meeting was reopened.

Terry Gips requested the Commission review the meeting minutes to be approved at the next meeting.

It was reported Chet Lay and Hillary Greenberg-Lemos made a site visit to the Hillel Gedrich property at 48 Crest Ave where pruning and removal of trees took place.  Chet Lay stated he will file a NOI regarding the pruning/tree cutting.  

Ed Simpson moved to adjourn at 6:35 pm; seconded by Campbell Rea; passed 4-0.

Respectfully submitted,


Christine Bates
Committee Secretary