Approved
September 4, 2013
Conservation Commission Meeting Minutes
Town Hall
Attendees: Terry Gips, Trudy Vermehren, Ed Simpson, Cary Rea, John Portnoy, and Ginie Page. Staff: Christine Bates
Regrets: Lauren McKean
4:00 - Business Meeting & Conservation Agent's Report
Co-Chair Trudy Vermehren called the meeting to order at 4:00 pm.
Meeting Minutes:
• 5/15/13: Trudy Vermehren moved to approve the amended meeting minutes; seconded by John Portnoy; passed 5-0.
• 6/19/13: John Portnoy moved to approve the amended meeting minutes; seconded by Cary Rea; passed 5-0.
• 7/17/13 Ed Simpson moved to approve the amended meeting minutes; seconded by John Portnoy; passed 5-0.
• 8/07/13: Cary Rea moved to approve the amended meeting minutes; seconded by John Portoy; passed 5-0.
• 8/21/13 John Portnoy moved to approve the amended meeting minutes ; seconded by Cary Rea; passed 6-0.
MAIL:
• Correspondence to Board of Selectmen Board from FEMA stating there are copies available of the remaining literature and a dvd of the preliminary new Flood Insurance Rate Maps.
• Sunday’s Globe: death notice of Christopher Patterson
• 8/29/13 correspondence to Jack’s Boat Rentals: notice of violations from Agent Hillary Greenberg-Lemos
• Friday’s Cape Codder/Banner: Marilyn Miller article regarding Jack’s Boat Rental
• Letter from McPhee of Bartlett Tree Service – requested commission review list of products to be used on town owned land (referencing the spraying of Preservation Hall land). The Commission discussed spraying near Wesley Swamp and tree spraying in general. Trudy Vermehren recommended having Agent Greenberg-Lemos respond to him that certain conditions will be made regarding products, wind velocity, moisture, time of application, and land management to ensure chemicals are not going into the wetlands. John Portnoy stated just because a product states it is “organic” does not make it safe for humans and other animals. The Commission wants to be assured with specific descriptions of how the products are applied. Terry Gips stated the
Commission should look at what Preservation Hall activities are planned to accomplish their goals (farmers market, outdoor activities, etc) and determine their effect, if any, on the adjacent natural resources. Terry Gips recommended asking Preservation Hall representatives to come to a meeting for a discussion regarding their contract with the Town and use of the town land.
Overuse of Resources: The Commission recommended looking at use of the ponds by both for-profit commercial and non-profit organizations.
Marching Shoreline – ACEC. It was recommended contacting MACC to include a session in their programs regarding the Cape’s shoreline and wetlands.
John Portnoy reported the small beach established on Long Pond is in good shape and it appears not many people are utilizing it. Access is limited to pedestrians and bicyclists.
Public Hearings 5:00 pm:
Rispoli Ventures, LLC, 15 LeCount Hollow Rd., Map 30, Parcel 22, Certificate of Compliance. Terry Gips stated the parking lot is in compliance and moved to approve the Certificate of Compliance; seconded by Ed Simpson; passed 6-0.
Rispoli Ventures, LLC, 15 LeCount Hollow Rd., Map 30, Parcel 22, Certificate of Compliance. Terry Gips stated the revegetation is in compliance and moved to approve the Certificate of Compliance; seconded by Ginie Page; passed 6-0.
Bruno, 55 7th St., Map 40, Parcels 143,175 and 181, Certificate of Compliance. There was no confirmation on whether revegetation has been accomplished. Ginie Page moved to continue to Sept. 18, 2013; seconded by Ed Simpson; passed 6-0.
Stern, 280 Circuit Rd., Map 25, Parcel 9, NOI, relocate dwelling & septic upgrade (Cont’d from 08/21/13). Jason Ellis represented the applicant and provided the necessary paperwork as requested. DEP and Natural Heritage responded. A deconstruction and construction protocol will be provided to the agent. Ed Simpson moved to approve the NOI; seconded by Ginie Page; passed 6-0. Supervisor: Ed Simpson
Jacobson/Pinter, 31 4th St., Map 40, Parcel 79, NOI, construct dwelling (cont’d from 08/21/13). David Lajoie requested a continuation to 10/2/13. Terry Gips moved to continue to 10/2/13; seconded by John Portnoy; passed 6-0.
Hirshberg, 25 Cranberry Way, Map 8, Parcel 175, RDA, remove 6 trees. Trudy Vermehren moved to continue to 10/2/13 at the request of the applicant; seconded by Ed Simpson; passed 6-0.
Athans, 206 B Kendrick Ave, Map 20, Parcel 28-G, NOI, new pervious driveway and parking area (cont’d from 08/07/13). David Lajoie represented the applicant and stated the parking area has been reduced from seven to three additional parking spots. He stated that the property is separated from the harbor by a coastal dune, then a road, then upland, and finally lowland at the foot of the proposed fill and new parking area. Lajoie stated that because the lowland is in a coastal, rather than inland, flood zone, the regulations do not consider it significant to flood storage and fill should be allowed. J. Portnoy differed, pointing out that the lowland is part of artificially tide-restricted Mayo Creek; the dike at its mouth impounds water after major rain events; therefore, the lowland upstream is in fact
significant flood storage protecting nearby properties from flooding. . Portnoy also questioned whether the property should be considered a coastal bank, for purposes of interpreting the wetlands regulations. Lajoie stated entering the property and backing out is difficult and the applicant wants three parking areas which will help with leaving the property. He stated fill will be used as well as a retaining wall. Ed Simpson suggested moving the parking area away from the bank to the high side of the lot; Lajoie agreed to analyze this suggestion. Lajoie requested a continuation to 10/2/13. John Portnoy moved to continue the hearing to 10/2/13; seconded by Ginie Page; passed 5-0.
Stewart, 2086 Rudy’s Way, Map 20, Parcel 19, RDA, patio deck, shed, retaining wall, rinse shower, plantings and walkway (Cont’d from 08/07/13). At the request of the applicant, Ginie Page moved to continue to 10/2/13; seconded by Ed Simpson; passed 5-0.
Eisinger, 60 Indian Neck Rd., Map 28, Parcel 49, NOI, management of invasive species, preservation and rejuvenation of healthy vegetation. Ginie Page recused herself. Jennifer Exner represented the applicant. A letter from DEP stated a number could not be given due to lack of proof that a filing was done with NHESP. There was also concern that work was going to be done on the abutting property. Ms. Exner stated the work will only be performed on Map 28, Parcel 49. All herbicides are applied by professional, licensed personnel. There will be two phases, starting in fall/winter with the second phase the following fall/winter. There is a three year land management plan. Ms. Exner stated the property owner has been educated with the importance of on-going maintenance to ensure that
invasive plants will not spread into the property again. There will be a temporary irrigation system used to improve plant survival. Terry Gips moved to continue to 09/18/13; seconded by Ed Simpson; passed 5-0.
Marschall, 45 Forrest Rd., Map 16, Parcel 619, NOI, additions and new septic. At the request of the applicant, Trudy Vermehren moved to continue to 09/18/13; seconded by Terry Gips; passed 6-0.
John Portnoy moved to adjourn at 6:25; seconded by Ed Simpson; passed 6-0.
Respectfully submitted
Christine A. Bates, Committee Secretary
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