Conservation Commission Public Meeting
Date: April 4, 2012
Time: 4:00 pm
Location: Town Hall
Commissioners Present:Co-Chair Terry Gips, Co-Chair Trudy Vermehren, Ginie Page, Lauren McKean, Ed Simpson, Campbell Rea, and John Portnoy
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 4:07 pm.
Jay Dickson of Lt. Island Road attended the meeting as requested by the Commission to discuss the fill he placed within the buffer zone on his property. He described three structures on the land, the road itself, the storm drains, and the house. The road was supposed to be repaired two years ago but it wasn’t. He stated he researched his deed for an easement for the drains and didn’t find one. He stated his house is graded up to the foundation and requires the fill for reinforcement where there was erosion. The house is within the buffer zone. Agent Greenberg-Lemos stated the commission requires an NOI including a licensed site plan and cannot render any decisions without proper paperwork. Trudy Vermehren stated the commission did not see erosion at the foundation area, but they are concerned with the sand
going into the marsh. Agent Greenberg-Lemos stated the original enforcement letter was mailed in January 2012. Dickson stated he has hired a contractor and hopes they will remove the sand in the next couple of weeks. He was asked to notify the Conservation office when the work was completed and Agent Greenberg-Lemos suggested having the site plan done as soon as possible so that no further problems resulted from moving the sand.
Jurisdictional Opinions:
25 4th St., removal of one large pine tree within buffer zone which is infested with ants. The pine tree is 25 feet away from the house and another tree will be removed due to the location, plus a request to remove one more pine tree The commission recommends the owner replant bayberry or beach plum for mitigation. Terry Gips will make a site visit. The trees must be chipped and removed from the property and should not go to the compost pile. Ed Simpson moved to approve the Jurisdictional Opinion; seconded by Lauren McKean; passed 7-0.
11 Partridge Way, (Rice), The owners require a trench for their electrical lines for the new dwelling. Ginie Page moved to approve the Jurisdictional Opinion; seconded by Trudy Vermehren; passed 7-0.
Other Business:
Agent Greenberg-Lemos will invite Mark Borrelli to a meeting after Town Meeting to provide a presentation for the Provincetown Coastal Studies Beach Monitoring:
Agent Greenberg-Lemos reported she met with Paul Sieloff and Tim King regarding boats/floats. They are in favor of the program and believe the fees should be higher. Paul Sieloff recommended contacting the Sheriff’s department to have the racks built. Lauren McKean suggested that the racks could be built by AmeriCorps through their carpentry training program. Agent Greenberg-Lemos feels we can educate people this summer and advise them that there will be charges next year.
Campbell Rea moved to approve the 01/18/12 amended meeting minutes. Seconded by Ed; passed 4-0.
Trudy moved to approve the 02/15/12 amended meeting minutes; seconded by Campbell Rea; passed 6-0.
Lauren McKean moved to approve the amended 03/07/12; seconded by Trudy Vermehren; passed 5-0.
Public Hearings 5:00 pm:
1019 Cemetery Rd., Map 36, Parcel 8, RDA, Septic Upgrade. Jason Ellis represented the applicant and gave an overview of the project. The property is under agreement and requires an upgrade. There is minor work in the buffer zone. Campbell Rea suggested a letter be sent to the new owners recommending there be no further yard waste or brush placed in the buffer zone. Trudy Vermehren moved to identify this as a Negative 3, seconded by Ginie Page; passed 7-0.
Brimm, 160 3rd St., Map 40, Parcel 102, NOI, shorefront protection (Cont’d from 03/07/12) Don Monroe of Coastal Engineering and Attorney Duane Landreth came before the Commission to discuss this NOI as well as the related NOI for 2 Center Plaza Nominee Trust. Monroe stated he wanted to address the issues brought up by the commission as well as address Natural Heritage issues from the 03/07/12 meeting. There will be a site visit on Tuesday, April 10 at 10:00 am and will include many different people. Monroe stated there will be granite steps in the revetment for community access and that they will also serve as the area for delivering sand nourishment. All fiber rolls will be underground with beach grass planted on top. He stated the rock revetment, along with nourishment, will last much
longer than the previous effort using coir rolls only. Nourishment was placed over the coirs and envelopes the first weekend of April 2012. Monroe provided several photographs of the Brimm property to identify the shore profile. As a similar project, Monroe presented the site plan and photographs of the Kandell revetment identifying the erosion and the sand coverage of the fiber rolls located 15 feet from the property line covering a 12 month period. Monroe provided a formula for the calculated amount of renourishment for the Brimm property. Agent Greenberg-Lemos requested the engineer and applicants ensure the road(s) will be left in good shape.
Bob Prescott asked if Natural Heritage would consider that these two adjacent projects (two NOI’s) would result in two “ takes”, rather than the one that had been previously established for the work on the Brimm property. Attorney Landreth stated the Woods property has an escrow fund. Prescott stated if there are any zig zag seawalls exposed, it will endanger turtles and the plovers He would like assurance the wooden zig zag wall always be covered. Prescott gave a scenario of having a storm during turtle season and how that could be done if work was prohibited during that season. He also asked what would trigger renourishment.
Lauren McKean stated the abutter who had expressed concerns in the past should be notified of the change in plans. Landreth stated this project will not infringe on their property, but would like their consent. There was further discussion regarding the setback of the fiber rolls at 15 feet from the property line. It was suggested that the applicant could seek a letter from the abutter acknowledging his agreement with the placement of the fiber rolls up to his property line. However, the Commission did not endorse the plan that would place the fiber rolls in this location. The Commission requested that Brim provide a letter to verify that nourishing had been done on his property. Agent Greenberg-Lemos requested that ~if there is a take on the 2 Center Plaza Nominee Trust property, the money be used locally. Terry Gips
moved to continue to April 18; 2012, seconded by Ginie Page; passed 7-0.
2 Center Plaza Nominee Trust, 150 3rd St., Map 40, Parcel 98, NOI, shorefront protection (Cont’d from 03/07/12)
Cook, 149 Bayberry Lane, Map 41, Parcel 119, RDA, prune trees (Cont’d from 02/15/12). Agent Greenberg-Lemos stated the abutter, Lowell Fox, wants to prune the trees. She stated the commission is requiring an arborist prune the trees who will contact the Conservation office and advise of replantings. Trudy Vermehren moved to identify this as a Negative 3, with conditions that replanting will be performed by an arborist; seconded by Ginie Page; passed 7-0.
Emmons, 119 Hamblen Farm Rd., Map 19, Parcel 13, NOI, new wells and septic upgrade (Cont’d from 02/15/12). Agent Greenberg-Lemos stated the applicant requested a continuation. Terry Gips moved to continue to April 18, 2012; seconded by Trudy Vermehren; passed 7-0.
Ed Simpson moved to adjourn the Public Hearings at 6:35 pm; seconded by John Portnoy; passed 7-0.
The business meeting was reopened at 6:36 pm.
Trudy Vermehren reported she met with Gedrich and Chet Lay (next to the former Lowenberg property on Hill Crest) and that the meeting went well. They requested one more oak tree be removed and Trudy will send a list of plant suggestions to Chet Lay. A formal NOI (after the fact) will be filed by Chet Lay.
Ginie Page announced on April 10 at 9:00 am, the Conservation Trust will be cleaning up the area behind the Mobil Gas Station.
Terry Gips moved to adjourn the meeting at 6:45 pm; seconded by Ginie Page;
passed 7-0.
Respectfully submitted,
Christine Bates
Committee Secretary
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