Approved
Wellfleet Conservation Commission
Town Hall
May 1, 2013, 4:00 pm
Attendees: Terry Gips, John Portnoy, Ginie Page, Lauren McKean, and Ed Simpson
Regrets: Trudy Vermehren and Cary Rea
4:00 - Business Meeting & Conservation Agent's Report
Acting Chair Ginie Page called the meeting to order at 4:16 pm.
Vehicular Access to Beaches: Town Administrator Harry Terkanian joined the Commission for discussion. Agent Greenberg and Terry Gips made a site visit to Indian Cove Neck and Chipman’s Cove and found several newly established vehicle tracks across the vegetated dunes accessing the beach. Town Administrator Terkanian stated the Colonial Law providing access to tidelands for fishing, fowling and navigation says nothing about vehicles; motor vehicle use on tidelands is legally restricted buts difficult to enforce. Agent Greenberg-Lemos stated vehicles are driving on the beach at Paine Hollow, Gull Pond, and Old Wharf. There was discussion regarding staying off the resources: people are creating multiple paths across beaches and damaging the beach grass. Town Administrator
Terkanian stated the Pond Committee requested money for developing a parking plan at Gull Pond. Agent Greenberg-Lemos stated the Shellfish Department is not supporting the efforts of the Commission to control driving on the beach. It was agreed the handout accompanying shellfish licenses is old and should be updated, especially regarding legal and environmentally appropriate access.. Due to the creation of multiple vehicle paths to access a single shellfish area,, a meeting should take place between the Commission and the Shellfish Advisory Board to ensure there is only one access. Terry Gips stated many kayak and canoe people are also driving onto the beach and suggested the parking areas be designated. Town Administrator Terkanian stated that, before agressive enforcement, there should be signage and education. Town owned land would come under the jurisdiction of the Board of Selectmen. Agent Greenberg-Lemos
recommended having another discussion with Andy Koch regarding enforcement. Terry Gips will check with the Beach Department to see if they check for beach stickers at Indian Neck. The Commission will develop a new strategy including the above elements of education, including signage, and enforcement and test it first on one specific area.
Next meeting: We will discuss street runoff and drainage in the center of town. t
Vintage aerial photographs of the harbor were reviewed by the commission.
Paperwork for the Conservation Restriction for the Sparrow property was signed.
Mail: Correspondence from Fromboluti regarding work at his property by A to Z Tree Service. The septic work on the property will start on 5/2/13 and a site visit will be made to ensure the project is done correctly. There has been parking on the National Seashore property which needs to be addressed. It appears there is a misunderstanding of the property boundaries, which should be clearly delineated.
Agent Greenberg-Lemos read her enforcement letter to Boehringer for violations on his property located at 10 Bayview Ave., Map 35, Parcel 33. She indicated that the work requires the filing of Notice of Intent.
Agent Greenberg-Lemos read her enforcement letter to Baine on Ocean View Drive notifying the owner that placement of netting over the coastal bank was done without permits.
A site visit was made at Duck Creek Inn and violations were identified. Agent Greenberg-Lemos will write an enforcement letter to the owner.
Agent Greenberg-Lemos will make a site visit this week to the various town beaches and parking lots on the ocean side to inspect ongoing DPW efforts to restore pedestrian access down the coastal bank to the beach. .
Public Hearings 5:10 pm:
Bressler, 60 I Designer’s Road, Map 23, Parcel 7, Certificate of Compliance. Agent Greenberg-Lemos reported the work is in compliance. Ed Simpson moved to grant a Certificate of Compliance; seconded by Ginie Page; passed 5-0.
MA Audubon, off West Road, Map 46, Parcel 16, RDA, replant the dike area on Goose Pond. Dennis Murley of MA Audubon stated this is a 19th century dike built to block the tides and impound freshwater for cranberry agriculture. Audubon wants to maintain the dike to maintain current wildlife use, at least over the short term. This winter the dike overwashed five times; therefore, Audubon proposes to add several wheelbarrows of sand and plant American beach grass to help stabilize the structure. . All work will be done by hand. John Portnoy moved to identify this as a Negative 2; seconded by Ed Simpson; passed 5-0.
Athans, 206 B Kendrick Ave, Map 20, Parcel 28-G, NOI, new pervious driveway and parking area. At the request of the applicant, Terry Gips moved to continue to June 5, 2013; seconded by John Portnoy; passed 5-0.
Patterson, 186 Pleasant Point Rd., Map 35, Parcel 115, RDA, , construct stonescape, install generator, replace patio, install hot tub on patio, inspect holding tank of septic system, plant shrubs and construct shed (Cont’d from 04/17/13). At the request of the applicant, John Portnoy moved to continue to an undetermined date; seconded by Ed Simpson; passed 5-0.
Wright, 0 Blackfish Creek, Map 35, Parcel 210, NOI, replace timber bulkhead with rock revetment (Cont’d from 03/20/13).
Henrickson, 0 Blackfish Creek, Map 35, Parcel 210, NOI, replace timber bulkhead with rock revetment (Cont’d from 03/20/13)
Wales, 0 Blackfish Creek, Map 35, Parcel 210, NOI, replace timber bulkhead with rock revetment (Cont’d from 03/20/13)
Patterson, 0 Blackfish Creek, Map 35 Parcel 210, NOI, replace timber bulkhead with rock revetment (Cont’d from 03/20/13)
Comly, 0 Blackfish Creek, Map 35, Parcel 210, NOI, replace timber bulkhead with rock revetment (Cont’d from 03/20/13)
Bob Perry of Cape Cod Engineering represented the applicants. He stated he has reviewed the records and inspected the sites. He suggests the bulkhead be repaired which could then be functional for at least 10 to 15 years. Terry discovered and showed an historic photograph of the Pleasant Point taken before groins and seawalls showing a high and broad beach above mean high tide, to contrast with the existing condition of no beach during high tides; this image was discussed and added to the project file. Perry discussed nourishment in depth and suggested that the sites be carefully chosen to be most beneficial to remaining resources. Perry suggested filing one NOI for the entire project because it is all on town land; however, Agent Lemos indicated that this needs more study and consultation with the Town
Administrator. The Commission informed Mr. Perry that the applicants were requesting additional items such as stairs, pagodas, decks, etc. on town land. Mr. Perry will have a discussion with the five applicants to discuss how to move forward. Terry Gips moved to continue to June 5, 2013; seconded by Ginie Page; passed 5-0.
Terry moved to adjourn at 6:25 pm; seconded by Ed Simpson; passed 5-0.
Terry Gips moved to adjourn at 6:35 pm; seconded by John Portnoy; passed 7-0.
Respectfully submitted,
Christine A. Bates, Committee Secretary
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