Approved Meeting Minutes
Conservation Commission
Date: March 21, 2012
Time: 4:00 pm
Location Town Hall
Commissioners Present:Co-Chair Terry Gips, Co-Chair Trudy Vermehren, Ginie Page, Lauren McKean, Campbell Rea, and John Portnoy
Staff Present: Hillary Greenberg-Lemos and Christine Bates
Regrets: Ed Simpson
4:00 - Business Meeting & Conservation Agent's Report
Jurisdictional Opinion: Thayer, 250 Meadow Ave W, annual re-grading of~ roadway and existing track. Work will occur in existing road tracks. Terry Gips moved to approve the Jurisdictional Opinion; seconded by Ginie Page; passed 6-0.
Agent Greenberg-Lemos distributed the Organic Land Management Policy which the Board of Selectmen passed. This is going to replace the one Peter Stewart presented to the Conservation Commission. Trudy Vermehren gave a history on the previous proposal (Stewart’s, which is on the Warrant) and the Policy authored by Green Cape approved by the Board of Selectmen. This is for town owned land only and does not require Town Meeting approval. Agent Greenberg-Lemos stated it would not have to become a Board of Health regulation because it pertains strictly to town owned land. There was discussion about whether Stewart’s article would be withdrawn or tabled at Town Meeting.
Agent Greenberg-Lemos distributed the Provincetown Center of Coastal Studies Beach Profiles proposal which would be for four beaches. Lauren McKean will check with the National Seashore to see if they are participating in the beach profiles. The Commission will review this proposal at the April 4, 2012 meeting.
Attorney Ben Zehnder came to the table to discuss the Boratko property. This property’s frontage is on Old Wharf Road, but they have been utilizing Beach Road as an access. The Boratko’s requested an easement for a septic upgrade on Water Street which runs through an adjacent piece of Town-owned land which was conveyed to the Conservation Commission several years ago. The request for the easement was approved by the Conservation Commission in 2010 and also approved at Town Meeting. However due~to State requirements having to do with the delay in time, it must
go to Town Meeting again. There is an article on the warrant and the Commission was asked to reaffirm its decision. Zehnder read the legal paperwork involved with the warrant, which, if passed, will go to the State for legislative action. Ginie Page moved to recommend the article; seconded by John Portnoy; passed 6-0.
Misc:
A to Z trees removed one tree at Fromboliti’s property.
An emergency Certification was issued for the Lt. Island bridge for work to be performed on the abutment for safety reasons.
Brent Valli’s barge – a letter was sent from three town departments, town counsel, the town administrator, etc. pertaining to the barge location Ticketing should begin soon.
Correspondence: Marine Fisheries newsletter.
Agent Greenberg-Lemos stated she would like to have the new AmeriCorps person make an inventory of the~species on the Conservation Commission owned properties. (Not Conservation Trust property).~ This inventory could be combined with clearing the lands of invasive species according to the organic land management program.
Trudy Vermehren met with the Conservation Trust and they were receptive to her request for managing invasive vegetation at the head of Mayo Creek.
Public Hearings 5:00 pm:
Emmons, 119 Hamblen Farm Rd., Map 19, Parcel 13, NOI, new wells and septic upgrade (Cont’d from 03/07/12). Agent Greenberg-Lemos stated the applicant requested a continuation to 4/4/12. Terry Gips moved to continue to 04/04/12; seconded by Campbell Rea; passed 6-0.
Cook, 149 Bayberry Lane, Map 41, Parcel 119, RDA, prune trees (Cont’d from 03/07/12).~ Andrew Joseph from A to Z Trees stated the project includes trimming and topping trees for a view.~ The Commission was concerned with the substantial amount of topping and trimming, and Agent Greenberg-Lemos stated she wanted a certified arborist to be involved because there could be damage to the trees.~ Branches which have already been cut can be removed.~ It was recommended the pine trees be eliminated and replaced with vegetation which would maintain a lower growth.~ Joseph wanted to speak with the owner to discuss the Commission request.~ Terry Gips moved to continue to April 4, 2012; seconded by Ginie Page; passed 6-0.
Wright, 0 Blackfish Creek, Map 35, Parcel 210, NOI, replace timber bulkhead with rock revetment. Mark Burgess represented the five applicants~for the 0 Blackfish Creek project. All hearings will be heard as one. He stated there is an existing bulkhead which was built in 1984 and the construction was inadequate. He stated there will be several permits/licenses required for the project. The beach and bank on which the revetment is proposed was privately owned (but not by the current home owners proposing the revetment) but sold to the Town in the 1980’s. The five applicants are requesting an easement on the Town-owned land to build the structure, for access for renourishment, as well as an easement for repair, relocation and construction of new stairways. The bulkhead will be taken out
in small sections. The exposed stones will be at the same location as the current bulkhead and additional stones will be buried.~ The new revetment will extend in front of the five applicants’ properties. Sand will be placed over the lower rocks to match current beach profiles, and renourishment will be a requirement. The revetment will incorporate granite steps to the beach in front of each applicant’s home. The existing wooden stairs will be modified to join the granite steps. The renourishment amounts will be determined for each location. Some fiber rolls will be used for the return at the eastern end. Agent Greenberg-Lemos questioned the height of the water at high tide, the fiber rolls becoming exposed and sand washing away (particularly on the Comly property). Burgess stated the plan will require revisions to determine where the trigger points are. Agent Greenberg-Lemos stated Patterson created a return without any permitting; she made some suggestions to
remediate the problems created by Patterson’s construction. Trudy Vermehren stated there may be other options available instead of the intense amount of work requested. She expressed concern regarding the amount of traffic/work from the town landing to the five locations for renourishment. Burgess stated he recognizes there could be some damage to the marsh and is ready to fix and repair any damage. Marsh mats will be used over the marsh area. Terry Gips questioned the determination of the top of the bank and also questioned the location of the easements. Agent Greenberg-Lemos stated the Board of Selectmen will look to the Conservation Commission for guidance. This project will be going to Town Meeting for a vote. Agent Greenberg-Lemos recommended the possibility of having a community stairway.
Christian Hoheb, abutter, stated their stairway has been on the same footprint since the 1920’s. He stated he has public and private concerns. He is concerned with his property line; the plan indicates the west end of the revetment would be on town-own land in front of his house rather than his neighbor’s and is concerned how the revetment will mesh with the current wooden wall in front of his property. He wants a condition included that he be notified of the start of work. ~He also said he would like to see a drawing of~ the proposed revetment so that he and others could see what it would look like,~ Mim~ Campman, abutter to Comly, asked what impact there will be to their property. They are concerned with future erosion. Mr. Campman gave some history of the beach from when he was a young man and stated
the beach erosion has been increasing over the past 20 years. Jude Ahearn questioned when the job would start and was concerned with the construction and traffic in the neighborhood.
Burgess responded to the Campman’s and stated the goal is to repair the damage already done and keep other property natural. He responded to Ahearn’s concern about construction and he stated it would be done during the winter months. This would be based on tides and weather and would probably take about 2 months. There was discussion with the audience regarding scouring and topography. Agent Greenberg-Lemos stated the commission could have an outside consultant review the proposal. Burgess stated he may ask the applicants to have an escrow account to ensure renourishment. Trudy Vermehren~ moved to continue to April 18, 2010; seconded by Campbell Rea; passed 6-0.
Reopened at 6:30 pm: Burgess stated Chris Patterson may want to put a foundation under one of the dwellings on the property. One building is in the ACEC, and there may be a possibility that he wants to upgrade the septic. Agent Greenberg-Lemos stated this project would require a separate NOI filing.
Burgess stated there are two sink holes behind the existing revetment/wall on the Patterson property and the owner is concerned with safety. He requested putting sand bags in the sink holes. Agent-Greenberg-Lemos stated there are several things on the Patterson property which have not been permitted and the Commission would require that Patterson not perform the work without an environmental person on site. Burgess stated he will mark the area and manage the project.
Terry stated she would like to see monitoring of the area via pictures or charts because that has not been done. There should be renourishment on the return area because the requests in the NOI will not be completed for at least one year Agent-Greenberg-Lemos suggested Burgess provide an estimate of sand required for the renourishment and it could be added to the Emergency Request for the return area. Burgess would like to use sandbags at the return as well. At this time, it was clearly stated that no sandbags were to be used at the end of the wall, only in the sink holes.
Mark Burgess will supply an Emergency Request to include sand bags/sand renourishment at the sink holes and only sand for the return. Terry Gips suggested this would be contingent on the Town’s approval of the requested easement. If the town doesn’t vote to approve it, the Commission would go to the selectmen and look at a more modest emergency request. Because of the turtle season, this could be a problem.
Henrickson, 0 Blackfish Creek, Map 35, Parcel 210, NOI, replace timber bulkhead with rock revetment
Wales, 0 Blackfish Creek, Map 35, Parcel 210, NOI, replace timber bulkhead with rock revetment
Patterson, 0 Blackfish Creek, Map 35 Parcel 210, NOI, replace timber bulkhead with rock revetment
Comly, 0 Blackfish Creek, Map 35, Parcel 210, NOI, replace timber bulkhead with rock revetment
Ginie Page moved to adjourn at 7:00 pm; seconded by Campbell Rea; passed 6-0.
Respectfully submitted,
Christine Bates
Committee Secretary
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