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Cons Comm Minutes 08/07/13
Approved
August 7, 2013
Conservation Commission Meeting Minutes
Town Hall
Attendees:  Trudy Vermehren, Ed Simpson, Lauren McKean, Cary Rea, John Portnoy, and Ginie Page.  Staff:  Hillary Greenberg-Lemos and Christine Bates
Regrets:  Terry Gips
4:00 - Business Meeting & Conservation Agent's Report
Meeting called to order at 4:00 pm
Mail:  
•         Thank you note from Joelle Mushel, Americorps.
•         Article in newspaper notifying of FEMA “open house” meeting Aug 15, 3:00 – 6:00 pm to cover six towns at Nauset High School
•         Letter from Agent Greenberg-Lemos to Jack’s Boat Rental
•         Letter to Steve Pechonis from Agent Greenberg-Lemos regarding manure management; he has since come into compliance
•         Letter from Becky Cotton and Mark Bunnell regarding problem on Old Wharf Rd with damage done by cars going into the marsh which the Conservation Trust owns.  They would like to get some recommendations on how to reduce the damage.  Due to a shortage in DPW staff, there will be no action from them.  John Portnoy recommended a sign.  Jeff Glaze stated this is a tidal flat and vehicles are creating furrows in the marsh.
Emergency Certification:  400 Pleasant Pt Ave, Cohens, place 8 to 10 yards of materials to fill ruts in road.  Ed Simpson moved to approve the Emergency Certification; seconded by Lauren McKean; passed 6-0.
Organic Land Mgmt – to be discussed at next meeting.           
Jack’s Boat Rental:  Debbie Ebersold and Barry Navin represented Jack’s Boat Rental.  Mr. Navin read a letter from Jack Ferreira.  Ms. Ebsersold stated she did not feel it was right for the commission to issue an urgent letter of “cease and desist” in the middle of the season.  She stated no previous letters were sent to them.  Trudy Vermehren stated there have been previous problems with the boat rental operation at Gull Pond.  The commission pointed out that there has been extensive loss of aquatic vegetation due to the dragging and storage of rental boats; this misuse has been a long-standing problem.   Agent Greenberg-Lemos pointed out mooring permits are required and recommended that Jack’s Boat rental  contact the Harbor Master.  Meeting minutes will be reviewed to identify the many discussions of Gull Pond and Jack’s Boat Rental business.  The commission recommended the boats be left at the daytime location instead of being moved and Ebersold stated they would likely be stolen.  Ebersold stated this would be the last year for their business at Gull Pond.  Portnoy recommended mooring the boats in deeper water.  Trudy Vermehren stated there is a shed for storage and the commission recently discovered gray storage lockers, towed and stored in the pond, which were not approved.   The commission stated they were not discouraging the business operations but have to protect the environment.  The Commission offered several recommendations to reduce the damage to vegetation: mooe the boats  in deeper water; trailer the boats out at night, and remove the storage containers from the pond.  Ms. Ebersold stated they were going before the Board of Selectmen.  
 Insecticides at Bakers Field – to be discussed at the next meeting.
5:03 pm
Bunnell, 56 Beach, Map 35, Parcel 10, Certificate of Compliance (cont’d from 07/17/13)
Chet Lay represented the applicant and stated dry wells were installed.  Ed Simpson moved to approve the Certificate of Compliance; seconded by John Portnoy; passed 6-0.
Boehringer, 10 Bay View, Map 35, Parcel 33, NOI, construct covered porch, reconstruct timber stairway and sand drift fence (Cont’d from 7/17/13).   David Little of Ryder and Wilcox represented the applicant and provided a revised plan which identified the parking areas and a vegetation plan.  One vehicle will be able to pull off Bay View Ave with a split rail fence and vegetation will be placed in the sand area.  Jeff Glaze, abutter, stated he would like to see a fence along the road with a gate and not allow the one car parking on Bay View Ave.  He stated he witnessed Mr. Boehringer performing work which he didn’t feel should have been allowed.  The Commission would like to see a planting plan prior to any plantings.  Little will supply a revised plan identifying plantings and beach nourishment information.  John Portnoy moved to approve the NOI;   seconded by Ed Simpson; passed 5-0.  Supervisor:  Lauren McKean
Crockett, 145 and 121 Holbrook Ave., Map 20, Parcels 132 and 133, NOI, tree removal, tree pruning and undergrowth mowing (Cont’d from 07/17/13).  Chet Lay represented the applicant and stated this would be a three year project and the work / planting plan was reviewed.  Lay stated a watering system would be put in place.  Ginie Page moved to approve the NOI; seconded by Ed Simpson; passed 6-0.  Cary Rea supervisor.
Krasting, 180 Cliff Rd., Map 24, Parcel 84, remove house from property (Cont’d from 07/17/13).   Lauren McKean recused herself.  Chet Lay represented the applicant and stated they had requested the removal of the pilings.  Lay stated that he had consulted with coastal geologist Dr.Graham Giese who believes the bank would be destabilized if the pilings were removed all at once. Portnoy stated if the pilings were left in place and a deck not built, vegetation would take place naturally and help habitat.  Ms. Krasting stated she thought the deck would help stabilize the pilings.  It was recommended the size of the decking be reduced to no larger than a 10’ x 10’ deck.  Revised plans will be submitted identifying the reduced size of the deck.  To ensure that pilings are captured and removed before they fall over the bank with coastal retreat, Cary Rea suggested that they all be cabled together; this will be required as a condition of the project.  Cary Rea moved to approve the NOI; seconded by John Portnoy; passed 5-0.  Supervisor:  Ed Simpson   
 Athans, 206 B Kendrick Ave, Map 20, Parcel 28-G, NOI, new pervious driveway and parking area (cont’d from 06/19/13).  Ginie Page moved to continue to 09/04/13; seconded by Cary Rea; passed 6-0.
Coates, 10 First Ave, Map 30, Parcel 120, Certificate of Compliance.  Lauren McKean stated the gutters were not installed on the porch; however Agent Greenberg-Lemos stated there is a gravel drip line.  It was recommended it be continued to 08/21/13 after Ms. McKean has an opportunity to make another site visit.  Ed Simpson moved to continue to 08/21/13; seconded by John Portnoy; passed 6-0.  
 Patterson, 186 Pleasant Pt. Rd., Map 35, Parcel 115, RDA, construct patio and fire pit.  Chet Lay represented the applicant.  The work has already been completed.  John Portnoy identified this as a negative 3; seconded by Cary Rea; passed 6-0.
Ruocco, 1 Nauset Rd., Map 28, Parcel 88, RDA, septic upgrade.  Agent Hillary Greenberg-Lemos stated the whole property is in the flood zone and this is an upgrade.  Ginie Page identified the project as a Negative 2; seconded by John Portnoy; passed 6-0.
Stewart, 2086 Rudy’s Way, Map 20, Parcel 19, RDA, patio deck, shed, retainer wall, rinse shower, plantings and walkway.   Jeff Stewart stated he built the retaining wall without knowledge he needed to come before the commission.  He gave an overview of the project.  There was discussion regarding the elevation of the retaining wall, which Stewart stated is at 11’above mean sea level.  He stated his location is the last area without a retaining wall and children were sliding down the hill which was causing erosion.  Stewart stated he received approval from the Board of Directors of the association for this project.  There was a shed on the property previously and Stewart would like to replace it.  Trudy Vermehren felt the deck was too large because of lot coverage and requested a planting plan.  Agent Greenberg-Lemos expressed concern with the accuracy of flood plain elevations.  Gordon Peabody talked on behalf of Stewart, and after a site visit, he feels that the wall is parallel to the flood limit and part of a hill that defined the flood plain.  The commission requested a revised plan to scale and with details on ground surface elevation, elevation of surface of deck, 11’ FEMA designation, elevation of the wall  and a plant matrix as well as the location of the drywell.  Trudy Vermehren moved to continue to 09/04/13; seconded by John; passed 6-0.  
 Ginie Page moved to adjourn at 6:45; seconded by John; passed 6-0.
Respectfully submitted
Christine A. Bates, Committee Secretary