Advisory Commission Meeting: January 13, 2025

Duration:

3 hours, 17 minutes, 21 seconds

Zoom recording of the January 13, 2025 Cape Cod National Seashore Federal Advisory Committee meeting.

 

CAPE COD NATIONAL SEASHORE ADVISORY COMMISSION THREE HUNDRED FOURTEENTH MEETING
Held at Cape Cod National Seashore, Salt Pond Visitor Center, Eastham, Massachusetts, on Monday, January 13, 2025, commencing at 1 pm

SITTING

Richard Delaney, Chair
Heather McElroy, alternate

Barnstable County
Sheila Lyons
Mark R. Forest – absent

Chatham
Thomas Dougherty
Theodore Keon, alternate

Eastham
David Crary
Joanna Stevens, alternate

Orleans
Lawrence Spaulding
John “Charlie” Carlson, alternate

Provincetown
Mary-Jo Avellar
Leslie Sandberg, alternate – absent

Truro
Susan Areson

Wellfleet
Lilli-Ann Green
Wayne Clough, alternate – absent

Commonwealth of MA
Leslie Ann Jonas - virtual
Mark Robinson

Also present:
Jennifer S. Flynn, Superintendent
Leslie Reynolds, Deputy Superintendent
Adam Baghetti, IT Specialist
Cheryl Johnson, Executive Assistant

Rich Delaney, Chair opened the meeting at 1:00pm

Welcomed the Commission to the 314^th meeting of the Advisory Board. He brought two motions to the table:

1. Agenda – certified by board
2. October 7th Meeting Minutes certified by the Commission as is

Rich Delaney: Introduced Superintendent Flynn for the Superintendent’s report

Jennifer Flynn, Superintendent presented updates on Marconi Beach Access, Multimodal path on Cable Road and the old business of Wildland fire *See transcript for full report

Lilli-Ann Green inquired about the use of a modular staircase at Marconi Beach to replace stairs damaged and removed in 2024 storm;

Jen Flynn – Park did removal stair option process – No findings to share today, work in progress; topography challenges, not the same topography as Nauset Light and Coast Guard beaches.

Discussion on Wildland Fires and current Los Angeles fire
Progress working with County with a plan? County updating their fire plan? Have we had discussions with the county?

Sheila Lyons – haven’t received grant yet to update regional fire plan – not ready to be announced

• Fire Chiefs responsibility to engage community
• Communities can be fire-wise certified.
• Town by town decision
• Fire Wise Program
• Dave Crary gave his thoughts on the fires in LA

Susan Areson – Since Barnstable County is attempting to update its fire management plan; at what point does the county bring in the seashore and towns?

Sheila – needs funds; she will be meeting with them on Wednesday, January 15th and will share update with CCNS

DFO and Chair identified Rules of Order to be discussed and adopted for future commission meetings

Proposed Rules of Order:

Meeting Attendance:

• All individuals will sign in for attendance purposes.
• Remote/virtual participants are required to identify themselves to be recognized by the Chair.
• All meetings will be both in-person and virtual. Both members, alternates and the public may join remotely.
• The Chair and DFO have determined virtual member participation is allowable. OR
• When a member is virtual, but the alternate is physically present, the alternate speaks for the organization.
• Do we want to address Alternates and Member roles? Each organization has one representative at each meeting. When both the member and the alternate are present, the member speaks for the organization. Alternates may provide written comment to themember or confer with the member but will not be called upon to speak. Alternates may express views during public comment period.
• Member comments will be restricted to 5 minutes.
• Members may yield their time to other members.

Public comment period

• Will be managed by the Chair and time will provided at last portion of the meeting time. (Not required by the law, discretionary decision for DFO and Chair)
• Public comments will be limited to 3 minutes.
• Written comments may be submitted which will be added to the meeting minutes. Acceptance of written input is required by the law (FACA).
• No anonymous comments.
• Comments are restricted to matters under the charge of the advisory commission.

Meeting minutes

• It is the responsibility of each member and alternate to review the meeting minutes in advance of the next meeting.
• All corrections or edits must be provided to the executive assistant / staff support no later than one week before the meeting to allow the notes to be redistributed and shared prior to the meeting.

Susan Areson proposed the following which are utilized at Select Board meetings:

1. Limit each members’ comments to 5 minutes.* This limit includes comments by the alternate from that body. (NOTE: No need to use all 5 minutes.)
2. Encourage members to not repeat detailed commentary if those points have already been made by another member.
3. Comments must be limited to the posted agenda topic.
4. Establish an agenda item for each meeting that allows members to suggest topics for discussion at a future meeting.
5. Limit public comments to 3 minutes.*
6. Assign someone to time the comments and alert the speaker when they are 30 seconds out

Commission agreed to following:

Rules of Order

• All members sign in for attendance;
• Members attending virtually identify themselves
• Chair determines which representative speaks – physically present member has priority
• If voting member is absent; alternate may vote
• Member comments are restricted to 5 minutes (entire time doesn’t need to be used)
• Members may yield their time to other Commission member, Town member or subject matter expert
• Submit new/important issues to Superintendent and Chair; recommendations will be determined by consensus

Public Comment

• Will be managed by the Chair
• Public comment limited to 3 minutes *someone times
• Speakers must identify themselves (no anonymous comments)

Meeting Minutes

• Each member and alternate review meeting minutes in advance of next meeting.
• Comments must be submitted one week prior to next scheduled meeting to executive assistant to ensure final distribution prior to meeting.

ADU discussion

Affordable Homes Act
No special permits required
No requirement for owner occupied in either property
Not require more than one parking space
Can’t be larger than 900 s.f. or 50% of principle dwelling (whichever is smaller)

May require:
Site review
Short term limits set
Require regulate size and height of adu

Larry – confirms the penalty for owners within CCNS who build ADUs

Jen did her presentation on the CCNS model. Replicated across the country. Shared responsibility between state, county and towns to ensure mission is upheld. Defined the law;

The construction of an ADU is inconsistent with the enabling legislation and can trigger revocation of the CSC on their private property

Larry - What is the procedure for revoking a CSC?

Sheila - Can new owner sign a document acknowledging understanding of CSC?

Mark –

• Amend zoning bylaw to include the phrase….ADUs within the seashore district ‘could’ trigger revoking CSC
• Establishment of seashore district that acknowledges special protection
• Seashore would have to take property an enhanced value of property.

Leslie – tiny house with wheels moved away when person sells property?

Lilli –

• ADU sample was seasonal housing made to hold same character of community on seasonal basis
• True? – Commonwealth laws go into effect then no special permits are needed

Susan –

• tiny houses were not allowed out here
• Against the backdrop for housing out here; letter when to planning board (by right law) part of the CFR focuses on traditional to seashore communities do not alter the
• Is there some way to reach consensus with towns and seashore on what might be needed to allow some ADUs within the seashore.

Lilli

• Public comments for implementing regulations ended Friday
• Recommend form a subcommittee with towns and seashore to work collaboratively

Larry –

• ADUs under state law can be separate or attached; councils opinion as long as it’s not a separate dwelling; 1 foundation; 1 roof

Jen - Once regulations are out; what is the timeframe for the Town to update their regulations?

Sheila gave her opinion on growth on the outer cape; address the source of the problem; go to the MA legislation and inform them of the major conflict between the law and the enablinglegislation. Federal land and should be exempt from State law. Protect and preserve the land and make a technical amendment. Unforeseen consequence.

Lilli – conversation with Cyr – did anything come up? Jen presented the challenge to him, can’t speak for the Senator. What he does with it is up to him.

Colin Hennessy spoke on behalf of the Senator – currently reviewing the legislation

Charlie – take a vote on how this issue should be addressed; put more discretion in the hands of the Superintendent; exemption approach

Mark – bright line; special district within each town – needs special set of circumstances; increase in all services on dirt roads – development ‘by right’ is not a good idea;

Sheila – fire danger; one road out in a disaster; water – single source aquifer, these things should be considered and be thoughtful obligation

Susan – Truro has allowed ADUs in the seashore by right; they are planning water Walshproperty 160 units; challenge notion massive undertaking limited number of properties who will take advantage of ADU law; a lot of buildings will be added on land outside park boundariesbecause of guardrails Truro has put in place. Need to be creative in how we may allow without conflict ADUs be built; advocate for some way to figure out to collaborate and compromise.

Barbara Carboni – Town of Truro

Beth Pyles land use
Wellfleet bylaw allows ‘by right”
Within the seashore must go to ZBA for special criteria; recently allowed an ADU despite CACO letter; towns need to be following State Law beginning 2/2

Zoning laws can be changed; public about how the laws can be changed;

Joanna Stevens - Eastham

Paul Lagg Eastham Planner spoke as subject matter expert

Eastham zoning accessory dwellings area allowed by right; ADUs are allowed; ADU bylaw updated lifted a lot of restrictions but recognizes unique seashore need special permit criteria;nothing has been permitted in the seashore. State statute says we have to remove special permit criteria until state laws change. Consider issue what is the impact of these ADUs? Intensity of use Title 5, bedroom count; many times, with ADUs people run into a septic capacity issue.Capacity in the main house must be reduced; sizes of lots and the impact; 3-acre zoning; what is the septic capacity and intensity of use?

Build out analysis of how many may be entitled in Eastham and Wellfleet?
Eastham has site control limits – guardrails for size of the house

Heather McElroy, Alternate Chair – Cape Cod Commission finished regional housing strategy last Summer
Identified ways to tackle housing crisis on cape
Documents developed
Design plans for structures

Model bylaws
Guidelines established – greater variety; protecting cultural and natural resources; year-round residency; prioritize redevelopment (reuse; coordinate housing and infrastructure; let’s puthousing where we have infrastructure (sidewalks, public transportation, access to goods and services) build support of housing through education

Heather’s top 3 principles from Regional Housing Strategy:

• Protect resources
• Prioritize redevelopment
• Coordinate housing and infrastructure

Supports idea to create a subcommittee to establish definition ‘character’ craft language for communities that towns could support

3 most impacted towns and Cape Cod – Eastham, Truro, Wellfleet

Leslie Jonas – Commonwealth of MA

• Increase in toxic run off
• Understand housing crisis, but what is the tipping point for Cape Cod
• We all must become better citizens
• Involve cross generations – bring younger people into these conversations
• Falmouth ADU on your lot you can’t add a separate septic; you must lose a bedroom; wondering about cost factors
• We’re fighting against opposing theories…climate versus housing
• Threats to our water
• Carbon neutral place – not hurt the Cape more
• Solutions that support the stewardship of the Cape

Tom Dougherty – Chatham

• No properties applicable in the seashore
• Bylaws no more than one ADU per lot; not more than 900 s.f. no more than two people in that space; can’t be sold separately; must be one-year rental; only 10 permits allowed per calendar year, sanitation for one family (only two ADUs were built in Chatham) limitations have been cost and septic capacity.

Larry Spalding – Orleans

• ADU shall contain no more than 1,200 of floor area
• Must be in accordance with Board of Health regulations and Title 5
• No minimum lot size is required
• Dwellings must be leased for periods of NOT less than 90 days;

MaryJo Avellar - Provincetown

• ADUs only have one or two properties within CACO; New MA law won’t have significant impact
• Character of Cape Cod – she had to laugh about the Dune Shacks
• Do allow ADUs in limited areas
• Preparing new bylaws for April meeting
• Working hard to have ADUs in town for people to live;

Rich asked for subcommittee to be formed to examine the issue of impacts of ADUs in your towns

• Impact
• How many
• Options to regulate
• Other advice

Representatives of subcommittee would include:
Wellfleet – Lilli will get recommendation from Town
Eastham – Dave and/or Joanna
Truro – Susan – suggested Mike Fee to participate in subcommittee
Cape Cod Commission Heather - Chair
Leslie Ann Jonas – sure, doesn’t want to over commit

Paul Lagg Town of Eastham – not a whole lot of time for this subcommittee; expressed concerns on timeline;

Goal: Assess potential impact by quantity of adus build out within Cape Cod National Seashore

PUBLIC COMMENT

Kite surfer – Holly Kuhn; lawsuit for kite surfing for allowance 2014 compendium kite surfing banned mid-March to mid-October bayside beaches without public outreach; no education; etc. CACO is looking into it with scientists; surfboard with kite;NOT a topic for the CACO Federal Advisory Commission

Jen clarified what she’s looking for in the ‘character’ definition of CACO impacts to resource. What are towns doing to preserve their character of town? What is the common ground and use as guardrails to preserve what is most precious to us.

Sheila - Write letter as a group to senator Markey, Warren, Keating; also, to Governor and Lt. Governor (ask for reprieve); then towns can craft protections for houses within the seashore. Charlie – put some authority in the Seashore to exercise discretion in this areaHeather – likes Sheila’s suggestion to buy some time. In the interim each town makes known that ADUs risk the suspension of CSCs. Will there be a rush to build these?

Rich what is the potential number?

Rich moved to end meeting; second was given.

These minutes were certified by the Chair and members of the Cape Cod National Seashore Advisory Commission on April 7, 2025.

Lilli-Ann Green objected to the certification.

 

Additional Documents

Superintendent's Presentation
Full Closed Captioning Transcript