Approved Meeting Minutes
Conservation Commission
Date: January 16, 2013
In Attendance: Terry Gips, Trudy Vermehren, Ginie Page, Ed Simpson, Cary Rea, Lauren McKean, Keith Johnson and Christine Bates, Committee Secretary
Regrets: John Portnoy
4:00 - Business Meeting & Conservation Agent's Report
Jurisdictional Opinion: Conservation Trust, Corner of E and 5th Ave (Lt. Island) memorial bench. Ginie Page recused herself. Denny O’Connell from the Conservation Trust stated funds were raised for a memorial bench. There will be 4 posts in the ground and there is a small path in the area. Cary Rea moved to approve the Jurisdictional Opinion; seconded by Ed Simpson; passed 5-0.
Denny O’Connell stated the acquisition of the Clover Property area was finalized in December 2012 and that it includes the Conservation Restriction held by the Conservation Commission which we approved previously. He will be coming to the Commission with a proposal for a trail system at some point in the future. The parking area will hold two cars.
Denny O’Connell stated the Wellfleet Conservation Trust is in the stages of acquiring property from Doug Sparrow near Drummer Cove and will come before the Commission at a future meeting.
Mail:
A report on the State of the Cape Cod Bay produced by the Provincetown Center for Coastal Studies is available for review.
Science Daily – study of estuaries and salt marshes.
Cape Cod Conservation Trust (The Compact) notification of a seminar: Southeastern MA land trust – February 2, 2012 in Bourne. Denny O’Connell stated they are car pooling to go to this event.
Terry Gips reported that the Pond Meeting held on 2/15/13 was primarily focused on Gull Pond. There was discussion regarding the beach and boat launch area, providing handicap access and reviewing the parking lot. They are looking at controlling the number of vehicles in the parking lot. The next meeting is scheduled for January 28, 2013. Suzanne Thomas has requested a transfer of funds for Mobie-mats, split-rail fencing and signage. Lauren McKean stated any disturbance in the national seashore has to be reviewed by the state as well as Indian tribal officers. She stated there is a separate group from the National Seashore working on reviewing Dyer Pond, Spectacle Pond, replacing the gate at Long Pond, and some fencing for the sluiceway at Gull Pond.
Harry Terkanian was introduced to the commissioners. He stated he wanted to stop by and extend an open invitation for people to stop in and discuss anything with him.
Ginie Page reported she saw two small motorcycles that crossed Uncle Tim’s Bridge and went up the trail. She suggested adding signs that no motorized vehicles of any type or bicycles (except when walked) are allowed on Cannon Hill. Trudy will be contact the Shellfish Advisory Board requesting information on the practice of using vehicles near / on Hamblen Park to access shellfish beds. She will also speak with Harry Turkanian about how to proceed re: vehicular traffic in this area as well as on pond beaches. The situation is particularly complex because there is a “Town Way to the Sea” (vehicle access) from Pine Point Road to Hamblen Park and NRAB has placed a sign directing people to the location. However, there seems to be no parking available on Pine Point Road, and confusion about how to indicate which areas are for
pedestrians and which might be ok for vehicles. We will also ask Agent Greenberg-Lemos for guidance on this issue. The Commission will follow up.
Meeting Minutes:
Lauren McKean moved to approve the amended November 7, 2012 meeting minutes; seconded by Ginie Page; passed 5-0.
Cary Rea moved to approve the amended December 5, 2012 meeting minutes; seconded by Terry Gips; passed 5-0.
The Planning Board requested comments for a subdivision on Whereaway Road. The concerns include water management (run off). Trudy Vermehren will draft a memo to the Planning Board.
The Gull Pond housing project will be put on the business meeting agenda for the 02/06/13. There will be a public hearing on February 20, 2012 regarding Gull Pond.
The commissioners stopped by Jack’s Boat Rental building on Route 6 because the current building has been demolished and large trees were cut. Work limits have been identified and it appears everything is in order.
Public Hearings 5:00 pm:
Meister, 295 King Phillip Rd., Map 35, Parcel 198, NOI, clear trees and replant with native species and construct kayak rack (Cont’d from 01/02/13). Jason Ellis represented the applicant and Theresa Sprague stated new revisions were provided for the plan. The turtle nesting sites were moved closer to the house (and out of the buffer zone) to take advantage of the southern exposure; trees to be removed have been reduced from 92 to 62, leaving more than 130 trees in the area. 58 shrubs will be added. There will be low growing shrubs as well as additional seed and plug plantings for stabilization. There will be erosion control fabric for areas requiring it. The kayak rack will remain in the original location to avoid dragging the kayaks. Monitoring reports will be submitted annually. Ms. Sprague stated the trees not to be cut will be left
in clusters. The trees will be cut by hand and hauled up the hill with a small piece of equipment, using one pathway. There was further discussion regarding the number of trees to be removed. Terry Gips moved to approve the NOI; seconded by Ed Simpson; passed 5-1. Supervisor: Trudy Vermehren.
Wellfleet Conservation Trust, End of Old Briar Cliff Rd., Map 35, Parcel 39, RDA, Kayak Rack. Ginie Page recused herself. Bill Iacuessa and Denny O’Connell stated kayaks have been left on the grass and the racks will help resolve the problem with the erosion. The use of the racks will be on a first come – first serve basis with no cost to the people in the neighborhood. The commission stated signs should be posted stating water craft could be removed if left on the grass. Terry Gips stated a flyer will be provided to the public with best practice approaches such as not leaving water vehicles on grasses. Terry Gips moved to identify the RDA as a negative 2; seconded by Ed Simpson; passed 5-0.
Murphy, 0 Mill Hill Rd., Map 41, Parcel 172, NOI, Construct boathouse. Chet Lay and Paul Murphy. A site visit was performed. Chet Lay identified the lot location and gave a history of the previous access. It is now landlocked and accessible only by boat. The shed will be 12’ x 16’. Murphy said he had not decided exactly how the construction would be done. He stated that some of the materials might be pre-cut although he stated at least some cutting would be done on site. He stated all materials and equipment would be brought by boat to the location. There will be 9 concrete block piers placed directly on the ground to support the shed. The plan does not indicate the size of the blocks and when asked about the size or number of blocks, Paul Murphy said he wasn’t sure. A 2007 turtle habitat study included some recommendations
and has been incorporated in the Natural Heritage response as well as the protocol. Chet Lay commented on the letters from the Wellfleet Trust and the Compact. Chet Lay stated the whole island is within the ACEC district and the top of the coastal bank runs through Mr. Murphy’s property at the 12’ elevation. He stated the coastal banks can be identified by an engineer. The location of the shed is within the 50’ buffer from the top of the bank. Extreme high water will be approximately 44’ from the shed location. There currently are no paths on the island. Mr. Murphy stated he will take the materials to the island during high tide to access his property and that the longest length of the boards would be 12’ long. Terry Gips stated she is concerned with the construction protocol and fuel leakage from the boat as well as a generator for power tools. Mr. Murphy stated there are no setback issues because the property lots were established before the adoption
of zoning bylaws. Denny O’Connell read the Wellfleet Conservation Trust letter, expressing their opposition because of the effects on the habitat. The letter also cited issues including access to the site, failure to identify the ACEC and coastal banks. Chet Lay responded he identified the coastal bank, the property is within the ACEC, and Natural Heritage states if the work is performed during a certain timeframe, this will not be a take. Terry Gips read the letter from Mark Robinson of the Compact, written on behalf of its Board of Trustees. The Compact identified materials they felt were missing from the filing and stated no structure has ever been built on the island and is rarely visited by humans. History was provided in the letter of the acquisition of the majority of the island which included funding from the town but also the state. Chet Lay stated Mark Robinson is not an abutter and has no standing and refuted several of his concerns. There was discussion regarding
the location of the door of the shed and whether there will be any steps. Further discussion included the use of the shed, concerns regarding the use of a porta-potty. Mr. Murphy stated the bylaws would allow him to stay overnight if he wanted to but at the present, he doesn’t plan on doing that. The commission requested additional information including a detailed construction protocol, how runoff from the roof will be managed, how material will be brought to the site and stored, a proposed path location, a site plan identifying the banks, 50’ buffer zone, ACEC, exact location and orientation of the shed, any steps, ramps, the precise size of the concrete pilings. The Commission also suggested Chet Lay contact Barbara Brennessell regarding turtle habitat on the island. Chet Lay requested a continuation to 02/06/13. Ed Simpson moved to continue to 02/06/13; seconded by Cary Rea; passed 5-0.
Ginie Page moved to adjourn at 7:00 pm; seconded by Lauren McKean; passed 6-0.
Respectfully submitted,
Christine A. Bates, Committee Secretary
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