Cons Comm 09/16/15 Mtg Mins

Approved

Minutes of Conservation Commission

September 16, 2015

Town Hall Meeting Room

Attendees:  Trudy Vermehren, Ginie Page, Barbara Brennessel, Cary Rea, Ed Simpson, and Lauren McKean and John Portnoy

4:00 - Business Meeting & Conservation Agent's Report

Kayaks/Canoes:  Agent Hillary Greenberg-Lemos distributed the field report identifying 159 kayaks/dinghies and sailboats without town permits that were beached on shore resources (both private and town owned property).  Stickers were placed on the vessels stating that they would be confiscated if not removed with 48 hours.  Several people have e-mailed and called the office regarding the violation stickers they received and expressed their concerns.  Agent Greenberg-Lemos stated the vessels in Sand Piper Hill area (opposite the end of marina) are moored on bare sand and should not have been stickered. Vessels elsewhere placed on shore vegetation are in violation, but the commission acknowledged that the wording of the stickers was misleading and overly aggressive.  No vessels have been or will be confiscated.  Sticker wording will be different next year.  Americorps may build more kayak racks where needed in the future. The commission will review the permitting process which currently applies only to town-owned property and may revise the regulations to include vessels on private property.  The commission is charged with protecting the resources in all of Wellfleet.

Several members of the public in the audience spoke on the subject.  All objected to the aggressive wording on the stickers.  Some supported building more racks.  Others thought that racks are more unsightly than kayaks lying on the ground.  Some were concerned that the racks are too high or that rowboats and other craft do not fit on the racks.  There was also concern that not all boat owners are following the "rules" for use of the racks.  Many people have stored their vessels in certain areas for over 10 or 15 years and feel it is a grandfathered right.  One Lt. Island resident stated that the property by the boat house is being treated as a public access into Wellfleet harbor, and not all of the kayaks stored there belong to Island residents.  Another Lt Island resident thought that kayaks on the shore help protect it from erosion.

Trudy Vermehren extended an apology for the wording of the stickers but stated that the Commission had to take action because it is charged with protecting the resources in all of Wellfleet.  She said that more people with more boats come to Wellfleet now and large numbers of watercraft are being stored on the resources.  The Commission is trying to make boat owners aware of their actions that damage sensitive resources.   The town also instituted the sticker program to help identify boats in the event they come loose in a storm and threaten the resource.   The Commission noted that each area where boats are being stored has its unique issues.  John Portnoy recommended we study each individual area and make decisions how to regulate those areas.

Oyster Fest Road Race:  Becky Rosenthal reported that the Police department does not want the race to be run on Kendrick Avenue and Chequessett Neck Road anymore due to traffic and parking at Mayo Beach.  She has been in discussion with the Town, Police, National Seashore, and Beach Department and has proposed a trail run on dirt roads in the Seashore.  She stated that trail runs are less stressful on the body, and people like to see different environments. She provided a map of the proposed route.  She read a statement from Suzanne Thomas who supported the route.  As part of the route is in Truro, Becky said the Board of Selectmen from Truro had approved the route.  She said that Anna Gannett, a seasonal employee of the Seashore, supported and wanted to be involved in the event, and also that Ranger Tim Morrison had been involved and was supportive.  However, no paperwork was signed on behalf of the National Seashore.  Chief Police Ron Fisette supports the event and the proposed route in the Seashore area.  Becky stated this is a 4.2-mile race with approximately 200 runners in the past and should be over within 2 hours.

            Becky Rosenthal stated she has been in discussion with the Town, Police, National Seashore, Beach Department, and was told they cannot have the run on Chequessett Road anymore due to traffic and parking at Mayo Beach. The Oyster Fest was initiated and run by the Recreation Dept. for 2 years before SPAT started running it. The October race usually is run by local people and she has met with several people to keep the run going. She stated the proposed trail runs are less stressful on the body, people like to see different environments, and she provided a map of the proposed run. She read a statement from Suzanne Thomas who supported the route. Becky stated the Board of Selectmen from Truro approved the route.  Anna Gannett, who worked as a seasonal employee of the Seashore, stated she supported and wanted to be involved in the event. And also that Ranger Tim Morrison had been involved and was supportive. However, no paperwork was signed on behalf of the National Seashore. Chief Police Ron Fisette stated he supports the event and the safety issues and was in favor of the run in the Seashore area. Becky stated this is a pilot location and if it is not done on trail roads, the event cannot take place on public roads in Wellfleet per Chief Fisette. This is a 4.2 mile race and should be over within 2 hours. She stated she is receiving several calls regarding the race and people are excited about it. In the past, there were approximately 200 runners. Lauren McKean stated some staff at the National Seashore did have concerns regarding ecological concerns, and the private roads in Truro are owned to the center of the road by people owning property.  Barbara questioned how will the people living on the private roads will have access. The Beach Department will leave the Gull Pond bathhouse open. Becky stated the Police Department talked about shutting down the roads and has always been a partner with the race. Becky explained the issues with the runners and vehicles entering Mayo Beach and that is why the police want the location changed. Trudy has concern with the safety of the runners on the trail roads. Becky told the board to defer any questions to the Police Chief. Trudy stated there was no response from people opposing the location, but was unsure who knew about it. Becky stated she met with the National Seashore in April and thought she had their support. Lauren stated there was no decision made yet by the Seashore. It is uncertain if Truro Police or DPW Departments were consulted.  Ginie moved to close the issue and reopen after the public hearings.

Barbara Wright – Pleasant Point, Conservation Trust.  Denny O’Connell stated no action will be taken.

Trudy Vermehren moved to close the Business portion of the meeting and open the Public Hearings at 5:10 pm; seconded by John Portnoy; passed 7-0.

Public Hearings 5:00 pm:

Baptist, 461 State Hwy, Map 30, Parcel 19, RDA, construct shed (Cont’d).   Ed Simpson recused himself.  Mr. Baptist stated he could place the containers on the pavement in October and place them temporarily on the resources from April to October.  The two containers are 20 feet wide and are placed behind the building in the buffer zone.  There was discussion regarding optional locations for the containers, the safety of people entering and exiting the store, and what damage would occur if the containers were moved on a temporary basis.  Trudy Vermehren moved to continue to October 7, 2015; seconded by John Portnoy; passed 6-0.  The commission will make another site visit.  Mr. Baptist will provide a site plan identifying the location of the containers.

Soares, 410 Lt. Island Rd., Map 41, Parcel 78, RDA, replace existing pathway with stone pavers.  Trudy Vermehren reviewed the meeting minutes of October 2014 stating a condition there was to be no replacement of the deck on grade located within the resources.  Ms. Soares stated the deck is in good shape and hoped the family could still utilize it.  John Portnoy stated the deck was never permitted originally and there is native vegetation as well as invasive plants in the area.  Ms. Soares wants to replace the walkways and paths which were there prior to the septic installation.  Ms. Soares would like to replace the overgrown vegetation along the foundation with other plants.  Trudy Vermehren identified the project as a Negative 3; seconded by Cary Rea; passed 7-0 with the condition that only vegetation overhanging the unpermitted deck can be trimmed while the deck remains.  The prior condition that the deck not be replaced remains in effect.  Supervisor:  Ed Simpson.  

Verma, 134 Compass Hill Rd., Map 41, Parcel 62, RDA, prune and/or remove black locust.  Frank Corbin stated the locust are encroaching the house, a cedar and cherry need to be pruned.  The locust will have to be managed when new growth starts.  Agent Greenberg-Lemos requested the trees be identified on a plan for the files as well as a management plan for the locust.  She stated the ramp and rooftop deck were approved by the Building Inspector; however, they were never approved by her and they are within the resource area.  Trudy Vermehren moved to continue to 10/07/15; seconded by Ginie Page; passed 7-0.  

Huge, 264 King Phillip Rd., Map 34, Parcel 9, RDA, remove Japanese Black Pines and revegetate.   Frank Corbin represented the applicant and stated there are no plans to touch anything on the bank.  Mr. Huge stated they will keep the pines that have not been cut or topped.  Corbin stated one third of the pines will be taken down each year over a 3 year period.  Revegetation with native plants will take place each year in stages so that the number of plants to be watered after planting will be manageable.  There will be approximately 11 or 12 trees removed in total.  There will be no stump removal.  Corbin stated the replacement rate would be 3 to 1 and be 4 to 5 gallon plants.  Trudy Vermehren identified this as a Negative 3; seconded by Cary Rea; passed 7-0.  Supervisor:  Barbara Brennessel.     

Feder / Ditoro, 10 Ridge St Ext., Map 29, Parcel 381, NOI, construct screened porch and rebuild stairs to deck.  Chet Lay and Jay Horowitz represented the applicant.   Box turtles and diamond-back terrapins are on the property according to Natural Heritage; a second letter received from them stated there will be no adverse take.  Chet Lay gave an overview of the project and stated the decking will be extended and the construction protocol was reviewed.  Poke weed was found on the property and the owners placed black plastic in the area to kill the weed after the new septic system was installed.  The commission recommended the plastic be removed as soon as possible.  Barbara Brennessel stated this area could be a turtle nesting environment.  The commission made recommendations on the items required on a revised site plan.  A new NOI application will be submitted for removal of the black plastic with a revegetation plan.  Cary Rea moved to approve the NOI; seconded by Lauren McKean; passed 7-0.  Supervisor:  Cary Rea.

Kemmling, 195 Kendrick Ave., Map 20, Parcel 23, NOI, bulkhead replacement and beach nourishment.  Don Monroe represented the applicant. The house was built in approximately the 1920s.  The bulkhead constructed prior to the 1940s is showing failure. Monroe gave a description of the proposed work, beach renourishment, and sand and

grass replacement.  He stated he would like to utilize the current wall as toe protection and locate the new bulkhead behind the current bulkhead.  He requested the option of placing 50 cubic yards renourishment each year.  Alfred Pickard stated the yearly nourishment amount needed will depend on how much the town nourishes the area.  Agent Greenberg noted there is erosion around the septic area, and Ms. Kemmling stated it varies depending upon the amount of sand the town places. Agent Greenberg requested a letter describing why they have to build a vertical wall.  Trudy Vermehren moved to continue to 10/07/15; seconded by John Portnoy; passed 7-0.

Farnsworth, 145 Pine Pt., Map 21, Parcel 55, NOI, construct dwelling, deck, garage, installation of septic and well (Cont’d from 09/02/15).  At the request of the applicant, Trudy Vermehren moved to allow the application be withdrawn without prejudice; seconded by Ed Simpson; passed 7-0.

The public meeting was closed at 6:40 pm and the Business meeting was reopened; seconded by Ginie Page; passed 7-0.

Business Meeting reopened:

Minutes:

August 5, 2015:  Barbara Brennessel moved to approve the amended 08/05/15 meeting minutes; seconded by Cary Rea; passed 6-0.

August 19, 2015:  Trudy Vermehren moved to approve the amended 08/19/15 meeting minutes; seconded by Barbara Brennessel; passed 6-0

09/02/15:  Trudy Vermehren moved to approve the amended September 2, 2015 meeting minutes; seconded by Cary Rea; passed 7-0.

  Mail:

NY Wild Flower Society - permission to harvest seeds on Conservation Trust land.

APCC (Association to Preserve Cape Cod) literature

Jurisdictional Opinion:  Bob Behringer:  Bayview Ave, install boat rack 8' x 10' outside of the 50’ buffer zone.  Ginie Page moved to approve the Jurisdictional Opinion seconded by Ed Simpson; passed 6-0.  [Why is this 6-0 and the next vote 5-0; did some one leave early?]

Oysterfest Race discussion (continued):  The Commission made the following suggestions:

• move race to Marconi,
• use Duck Harbor Parking and reverse race route
• move race to Saturday
• Hold race earlier in the day. 

Trudy Vermehren moved to vote “no” to holding the race on the dirt roads within the National Seashore due to the potential damage to the resources, and suggest they explore changing the date; seconded by Barbara Brennessel; passed 5-0.  (Lauren McKean abstained from the vote).

Trudy Vermehren moved to adjourn at 7:30 pm; seconded by Ed Simpson; passed 6-0.

Respectfully submitted

Christine A. Bates, Committee Secretary