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Zoom recording of the April 7, 2025 Cape Cod National Seashore Federal Advisory Committee Meeting. CAPE COD NATIONAL SEASHORE ADVISORY COMMISSION THREE HUNDRED FIFTEENTH MEETINGHeld at Cape Cod National Seashore, Salt Pond Visitor Center, Eastham, Massachusetts, on Monday, April 7, 2025, commencing at 1 pm SITTING: Richard Delaney, Chair Heather McElroy, alternate Barnstable County Sheila Lyons Mark R. Forest – absent Chatham Thomas Dougherty - virtual Theodore Keon, alternate Eastham David Crary Joanna Stevens, alternate Orleans Lawrence Spaulding John “Charlie” Carlson, alternate - virtual Provincetown Mary-Jo Avellar - absent Leslie Sandberg, alternate – absent Truro Susan Areson – virtual Michael Fee, alternate Wellfleet Lilli-Ann Green Wayne Clough, alternate – virtual Commonwealth of MA Leslie Ann Jonas - absent Mark Robinson - virtual Also present: Jennifer S. Flynn, Superintendent Leslie Reynolds, Deputy Superintendent Sarah Korjeff - Cape Cod Commission Adam Baghetti, IT Specialist Cheryl Johnson, Executive Assistant ---- Rich welcomed the commission Agenda certified Minutes – robust discussion on certification of January minutes; editing process, approval process, meeting minutes are a ‘summary’ versus verbatim document; were approved as written pending further discussion Lilli – objected to January meeting minutes being certified Superintendent’s report – see full transcript · Park staffing – hiring seasonal positions, scheduled/funded 110 employees · Beginning of March · Probationary employee return to work · Permanent hiring freeze (safety related only) · Full year continuing resolution · Marconi Stairs project status · Multi model path cable road project status
NEW · SPVC repaving, Doane Rock picnic, Nauset Rd. · Complete Fort Hill prescribed burn · Johnson golf @ Highland Light Golf Course · Restrooms coming online; staggered openings · Shorebirds are back; fencing being placed · Veterans fire crew – mechanical clearing along fire roads · Secure funding Bartlett house – removal QUESTIONS Short discussion on how Marconi stairs are being replaced/built – inhouse. Multiuse path – won’t be done prior to sign; design phase only OLD BUSINESS ADU SUBCOMMITTEE REPORT OUT (See separate minutes at bottom of page) Heather reported on subcommittee discussion. How many lots exist by town – look at slide provided (parcels that HAVE single home current or potential home) primary dwelling must be present in order for ADU to be allowed Potential – needs to be in a single-family zoning district; must have single family home existing, can be built within a structure OR accessory structure Constraints – town has the option to limit short-term rentals; septic provisions must be looked at with individual lots; does not allow towns to have owner occupancy requirement. Members reported on effects in their town; Michael reported fewer potential parcels than indicated on the slide based on conversations w/staff. Subcommittee agreed that more work needs to be done. Potential and expectation would likely permit requests for ADUs. Potential for change could be significant! Can’t rely on minimum lot size, ADU law doesn’t specify; setbacks not addressed; ADU regs state; should not conflict with any Federal Law. Michal noted that there might be some room for combined perspective and help. MICHAEL – Truro perspective different from towns because 70% land mass w/in Truro in the Seashore; has lowest median income on Cape – resulted allowing ADUs as a right w/in Seashore. Interpretation of Federal Law that Superintendent disagrees with. Govt would allow ADU with character of neighborhood and all other septic. 900s.f. LIMIT; owned by same person; prohibit short-term rental (form the basis for compromise) meet town’s needs and gov’t needs to maintain character. Still working on letter to summarize. No more than 50 lots would support criteria under their Truro. Only two applications for ADUs were submitted in Truro in past two years. LILLI ANN - not an in-depth analysis yet on setbacks and septic yet. 254 properties from town planner - more than Cape Cod Commission indicated. Doesn’t know answer yet. HEATHER – State regulations can override what Towns decide. SUSAN - meeting minimum lot size; (3 acres) if State regs supersede Town regs than ¾ acre in Truro if Affordable Homes Act overrides local zoning, then the potential number will increase SHEILA - how can State law override Federal law? LARRY – existing dwelling in the seashore; can expand up to certain amount of s.f. ; adding on to structure if they meet seashore requirements then, can they do it? All predicated on enabling legislations single dwelling if it’s a duplex. HEATHER: Creating another entrance w/in existing structure would be allowed under AHA that is why the Commission’s numbers are higher than local towns ( can have an ADU in every single dwelling in the CCNS) implications on traffic, water use, wastewater, etc. RICH – ADU mandate overrules CCNS rules, it will have serious impact on CCNS – ask Legislators to consider amendment that excludes CCNS from the legislation; happy to hear Lieutenant Governor has same thoughts. Can we appeal to them and make it clear? Secretary of Energy and Environment protected because of fragile part of peninsula w/out CCNS resource we have; benefit of tourism; look at future as well as present. What can we solve? What can’t we solve? Immediate need; LILLI-ANN – Should subcommittee meet again with a State representative. Ed Augustus is head of Housing and Development with the State. Michael Dutton County Administrator – looking into sending a letter; Rich says that an amendment is in the works for CCNS. MICHAEL – respectfully agrees and disagrees with Sheila. Truro already has a bylaw which it will implement and will work out issues with CCNS as necessary. Landscape character not to create a museum impact of people living within seashore, has to be a flexible reaction on part of governing the housing worthwhile to pursue. If commission decides to pursue something contrary, the Truro will abstain. SUSAN - will not sign letter to object; Seasonal Communities Act will allow even more leeway for providing affordable homes. Communities are being asked to accept the rules, but towns are being asked to approve them. Lots of questions for State. If the State exempts the seashore in all towns from the ADU aspect in the Affordable Homes Act. Return home rule to towns within the Seashore district? MARK ROBINSON – Larry talking about 50% expansion could accommodate enlarging house for single family is different from expanding for another family. Concern for any town that CCNS is a platform to provide expansion of population, put houses in the non-CCNS areas of town. No amenities available. Leave Seashore out of it. Won’t solve it there. Against increasing density in the Seashore. LARRY – Jen get opinion. That could solve it. ADUs are inconsistent with civil law. Penalty is that no CSC will be issued. Penalty doesn’t affect the towns. To be a shared responsibility. Definition is a SINGLE DWELLING WITH ACCESSORY DWELLINGS. What are the towns willing to do to protect Seashore? What are the next steps for Subcommittee? How do town help protect/preservation of the seashore. JENNIFER FLYNN – Cape Cod character… see full transcript. SARAH KORJEFF, Cape Cod Commission …. See full transcript The phenomenon of incremental change, death by a thousand cuts. MARK: Building character is a combination of character and beauty. Does seashore have scenic views inventoried? Discussion on character. Sarah’s comments on ADUs, can imagine that historic buildings can be sensitively expanded, I see that small scale outbuilding is possible but ADUs would have to meet her previous comments. Intent of use is another question. Limitations in scale and location, size, distinctive building materials, . Historic properties in the seashore acknowledging properties in CCNS have already met 50% increase in floor area. If ADUs are considered keep them w/in current property outline. (not added bldg.) Well defined limits Metropolitan Area Planning. One protected ADU in the Act. Requirements on materials and dimensions. Towns may need to do more to guarantee we get what we want. RICH asks for recommendations How do we help Superintendent maintain character of CCNS? LILLI ANN suggests bringing back this topic at a future meeting. Bring in all other elements LARRY agrees with Lilli more discussion is needed. He brought set of Orleans design guidelines. RICH - Presentation for members to discuss how they are maintaining character of their towns within boundary and outside boundary of CCNS. Wellfleet and Truro have the most skin in the game. Truro 178, Wellfleet XXX, Eastham 88 Best practices and lessons learned from each member would be great discussion. AGREED. Delve deeper into town’s mission to keep character for June meeting. Move back into other topics already discussed: Water, Fire, Zoning, Climate Rules of OrderMeeting attendance – last bullet revise that the member even if virtual should be the main point of contact; agenda – add bullet emergency topic; consensus body so Chair hasn’t dictated what we do, and member and alternate roles 1st bullet Alternate comments allowed time permitting; last bullet member comments should not be limited 5 minutes LARRY – public comment – comments are restricted to matters under the charge of the advisory commission. Wants to remove it. JEN – help group understand the narrow focus of the Advisory Commission under the Department of Secretary’s charge outside the direction. RICH – public free reign to matters related to CCNS. MICHAEL – can there be a parameter to restrict comments that are germane to the CCNS. LILLI – opposes limiting public comments to areas germane to the Commission. DAVID – renumber the Rules of Order: wanted to add more time by member vote; then leave it up to the chair LARRY – give discretion to Chair to decide whether or not on additional time, and have votes if necessary LILLI ANN – disagreed with Rich being in charge of granting additional speaking time (prefers commission vote) SHEILA – if the comments are compelling and additional time is needed to finish point, Chair will certainly allow members to vote LILLI ANN when member is virtual, the member is the primary speaker for the town RICH agrees LILLI – Alternate comments allowed time permitting MICHAEL - any corrections or edits are provided that are of a corrective or substantive nature. RICH minutes will be distributed. ARE there any changes…. Yes, they can be amended. JEN - keeping the last bullet as is RICH – did LILLI want to revise minutes LILLI – preferred not to revisit the meeting minutes PUBLIC COMMENT Heather Doyle – Wellfleet resident – addressed stop the bleed and call boxes Josh Yeston – Wellfleet resident – spoke on Cape Cod Character and not restricting creative building opportunities in the future. RICH – emerging issues identified by commission – June 16th meeting 2025 on past topics revisit for updates; further discussion on Cape Cod character will be included SHEILA – if member has an item to be added to agenda send to Rich JEN – Federal Register notice has been submitted for meetings; seeking Chair and Alternate Federal Register Notice to be published also. Almost every town nomination has been received. SHEILA – motion to adjourn MICHAEL – Second These minutes will be certified by the Commission at the next meeting (pending Federal Register Notice) for June 16, 2025 Accessory Dwelling Unit (ADU) SubcommitteeMembers Chair: Heather McElroy, Cape Cod Commission Jennifer Flynn, Superintendent, Cape Cod National Seashore/Designated Federal Officer David Crary, Town of Eastham, Commission Member Lilli-Ann Green, Town of Wellfleet, Commission Member Michael Fee, Town of Truro, Alternate Commission Member PURPOSE Presentation from Heather McElroy kick off Some provisions included: Must have a single-family home already built on property prior to ADU being built. Need to comply with Town Zoning, Title 5 Michael Fee - Truro · Truro Bylaw Section 30.3 and 40.2 · ADU building permit from building office · April 2024 Comprehensive plan · 68% of town is in the Seashore · Same owner for main home and ADU · Nothing shorter than 12-month rental · Smaller in size than the original dwelling · 400-900 square feet – size range for ADU 101 private parcels in Truro = 46 already have an additional structure on them. (some pre-dated the seashore) 55 of the 101 parcels- greater than 3 acres and have no second structure on them. Permit application – comply with Title 5, character and Truro Comprehensive plan from April, 2024 David Crary - Eastham · District F is Seashore District · Town would allow development of ADU if applications were received. · Anything over 200 square feet has to go before planning board for approval. · State Act: “Seasonal Community Designation” – Dec 12 2024 – allows for tiny houses on trailers. · Town bylaws would allow ADU by special permit from the ZBA Lilli-Ann Green - Wellfleet · 250+ private parcels? In Wellfleet · Town bylaws would allow ADU by special permit from the ZBA · Only one has been built to date · Title 5 compliance and setbacks required · Wellfleet remains concerned that the state law takes away the town’s authority to require a special permit. · State is writing regulations in support of the state law. Jen clarified her responsibility to the stewardship of the Seashore and enforcement of Certificates of Suspension of Condemnation. Not all eligible properties with the seashore currently hold or have ever requested a Certificate of Suspension of Condemnation. Requests are handled within Superintendent’s office. Most requests come as a result of sale of property, new owner. Revocation of CSC does not mean the Government must purchase the property. Seems to be confusion within communities about CSCs. ACTION 60% of our land is located w/in seashore. Very little developable lands and housing crisis Subcommittee will circle back with town planners, Paul Lagg, Barbara Carboni and Beth Pyles? Subcommittee will update entire commission at April 7, 2025 meeting. Michael Lee observed that there may be room for a mutually agreeable solution to ADU regulation; will explore options with town representatives and report back, possibly with a proposal. Minutes certified by Chair & Committee April 7, 2025 |
Last updated: June 4, 2025