EASTHAM CONSERVATION COMMISSION
10 January 2006
MINUTES
PRESENT: Glenn Collins, David Hoerle, Judy Williams, Don Intonti, Marcel Boelitz, Terry Kelleher.
STAFF PRESENT: Deputy Natural Resources Officer Katelyn Merrill, Conservation Clerk Kay Stewart-Greeley.
ALSO PRESENT: Steven Schlesinger, Joan Sullivan, David Lyttle of Ryder & Wilcox, Inc., John Whyman, Merritt Baldwin, Attorney Jaime Veara, Mary Carpentieri, Melanie Woods, John Woods, Peter Markunas of Coastal Engineering Co., Inc., Larry Greeley, Attorney William Riley, Matt Farrell of Bennett & O’Reilly, Inc., David Lajoie of FELCO, Inc.
Chairman Collins called the meeting to order at 7:05 P.M.
The Commission addressed the Minutes of 13 December 2005. Ms. Williams MOVED and Mr. Intonti SECONDED the Motion to approve the Minutes of 13 December 2005 as submitted.
THE VOTE WAS 5 IN FAVOR WITH ONE ABSTENTION.
MOTION CARRIED.
7:07 P.M. Administrative Review, Young, 100 Old Orchard Road, Map 11, Parcel 028.
Deputy Merrill addressed this AR as Mr. Young was present. She explained to the Commissioners that Mr. Young is proposing a small addition, only part of which is in the Buffer Zone. She said there will be no impact whatsoever.
The Commissioners reviewed the plan. Chairman Collins said that review is on a case by case basis and this proposal was pretty straight forward. The Commissioners discussed a fee amount for Administrative Reviews and agreed that it would be a good idea.
Mr. Kelleher MOVED and Mr. Hoerle SECONDED the Motion to ratify the Administrative Review for the Young project at 100 Old Orchard Road.
SO VOTED UNANIMOUSLY.
Ms. Williams reviewed for the Commissioners that she and Mr. Boelitz are the Commission representatives to the Water Resources Advisory Board and the Wastewater Management Planning Committee. She said there is a lot going on and they would like a bit of time to present a short report to the Commission. Mr. Collins said he is the representative to the Community Preservation Committee and that the committee had talked about buying a big piece of land for water supply and that all the committees should be sharing information with each other. They agreed to speak with Sandy Bayne about sharing Minutes of the Wastewater Management Committee
7:18 P.M. Notice of Intent filed by Whispering Pines Condominium Association, 2225-2195 State Highway, Map 15, Parcel 097B.
Chairman Collins announced this hearing. Deputy Merrill explained that this Notice of Intent was filed in response to the Commission’s recommendation that the applicants should not be adding sand to this beach any more and should have a management plan. She said what they are proposing is very simple and will define the beach area.
Mr. Hoerle MOVED and Ms. Williams SECONDED the Motion for approval with Order of Conditions 1-19, 22, 23 as identified on the plan, 27, 28, 42 the existing beach shall remain of the specific size and location identified on the plan.
SO VOTED UNANIMOUSLY.
7:33 P.M. Notice of Intent filed by Peter & Ann Ridley, 16, 18 & 20 Sherwood Road, Map 13, Parcels 133 A-R, 133 B-R, 133 C-R.
Chairman Collins announced this hearing. David Lajoie of FELCO, Inc. was present for the applicants and explained the proposal for the installation of a stone revetment for three existing dwellings which are part of a condominium association. He said there is a total of five buildings and two of the buildings on the north side have the Coastal Bank armored with existing sandbags. He said that at the end of the sandbags and further south there has been some severe erosion.
Deputy Merrill showed photos of the site. One of the unit owners, Steven Schlesinger, was present. Mr. Lajoie went on to say that historically, this property has had quite a bit of work done on it without proposing a stone revetment. He said they have had
sand-drift fences across the entire property, beach nourishment, and planting of beach grass every year with a cost totaling somewhere in the area of Seventy-Two Thousand Dollars ($72,000) between the three owners.
Mr. Lajoie said they reviewed the recommendations from Jim O’Connell of WHOI and the design of the proposed revetment is similar to others approved recently. It said it is designed to an elevation of 16' which is two feet below flood height, which is elevation 18', with some fiber rolls on the top in case of overwash.
Ms. Merrill said this site lost a huge chunk of sand in the 9 December storm. She said she went to the site with Mr. O’Connell before and after the storm. She the design is similar to the others. She said Mr. O’Connell’s recommendation is for a self-regulating system. Discussion followed about where the top of the revetment should be and the total height being 14' instead of 16'. Mr., Lajoie said the sandbags to the north are at elevation 14'. Discussion followed about tying into the sandbags to the north and Mr. Lajoie said he has no problem with whatever height the Conservation Commission wants.
Mr. Hoerle asked if there was access to the apron from the top of the bank and Mr. Lajoie said it would be staged from First Encounter Beach.
Mr. Boelitz commented that he would rather not see the amount of sand nourishment delineated on the plan as that should be decided by the Natural Resources Department and he thinks the department should have the option to change the amount if necessary. Deputy Merrill said the equation is the same as the department uses but the question is whether to use the long-term erosion rate or the short-term erosion rate.
Mr. Collins asked for clarification of the placement of the toe stones in comparison with the sandbags and Mr. Lajoie said if the Commission wanted to specify that they should be line up with the sandbags that would be OK. Discussion followed and it was decided that they will match the existing face of the bank. Deputy Merrill said there will be a
pre-construction meeting and certain inspection stages.
Mr. Hoerle asked how much area there would be from the top of the revetment to the bank where the sandbags will be. He said the more apron there is the more opportunity there will be for compensatory sand. Mr. Lajoie said that if the Conservation Commission prefers to have a shelf at the top that will be OK.
Mr. Collins recommended having randomly placed stones at the return on the south side. There were no comments from the floor and Chairman Collins closed this hearing.
Mr. Boelitz MOVED approval with Order of Conditions 1-19, 21, 22, 27, 28, 30, 33, 35, 36, 37, 38, 39, 41, 42 the revetment shall be installed in such a way that the top of the revetment meets the current Coastal Bank and the top of the revetment shall not exceed 14.5' above mean sea level, 43 physical indicator, 44 at the top of the apron there shall be chip stone no smaller than 2' in diameter, 45 inspection stages, 46 the northern end of the revetment shall be constructed so as to coincide with the adjacent sandbag installation and on the southern end of the revetment boulders, three to four feet and diameter and no more than seven in number shall be randomly placed. Mr. Hoerle SECONDED the Motion.
SO VOTED UNANIMOUSLY.
8:21 P.M. Continuation of Hearing on Request for Amended Order of Conditions filed by Merritt & Beverly Baldwin, DEP SE 19-1066, 355 Turnip Road, Map 07, Parcel 496.
Chairman Collins announced this hearing. Peter Markunas of Coastal Engineering Co., Inc. was present for the Baldwins and Mr. Baldwin was also present.
Mr. Markunas gave a synopsis of the proposal. He said that Jim O’Connell had visited the site and determined that what was proposed would be appropriate and made some recommendations. He said that based on those recommendations they revised the plan and implemented what he requested.
Deputy Merrill said she spoke with Mr. O’Connell and all of his recommendations have been done. She told Mr. Markunas that in the past there have been issues with the chink stone on the beach. Mr. Markunas said they would insure that the contractor will come back after the beach drops and pick up any chink stone. He said the 100-year flood elevation at this site is 20'.
There were no further questions and Chairman Collins closed this hearing. Mr. Boelitz MOVED approval with the same Order of Conditions as Ridley except for the end conditions and with the addition of a condition that the apron be of non-processed, natural stones, one to two feet in diameter.
8:38 P.M. Notice of Intent filed by Salt Pond Associates, 32 Tomahawk Trail, Map 25, Parcel 016.
Chairman Collins announced this hearing. David Lyttle of Ryder & Wilcox, Inc. was present for the applicant along with Attorney Bill Riley. Mr. Lyttle explained that this was the third time the applicant has been before the Commission. He said the house is buttoned up to the weather. He said they would like to install steps and he met with Deputy Merrill on site to see whether they could re-build them the way they are, set into the bank, without having to remove any trees. He said this would require some excavation but when they are done they would basically become part of the landscape.
Mr. Lyttle said that have also made an alternative proposal for a stairway with a platform at the top and a straight section of stairway down the bank that would require the removal of one Cedar and asked what the Commission’s preference would be.
Mr. Lyttle went on to explain that they propose two large decks which extend out ten feet instead of five feet. He said they have hired a landscaper and if the Commission allows, to mitigate for the decks they would remove the lawn and landscape with native species and completely naturalize everything to the top of the bank. He said the landscaping would restrict any use of that area. He said the deck are One Hundred Seventy square feet (170sf.) and Two Hundred Fifty square feet (250sf.) respectively and the planting mitigation is Two Thousand Six Hundred square feet (2,600sf.).
Deputy Merrill said that since the stairs are already established it is her opinion that the best option would be to do the embedded stairs. She said that for the purpose of landscaping she thinks the mitigation is great as opposed to the lawn, but she would not want the area to be manicured at all.
Mr. Hoerle commented that much of what they have listed are manicured-looking groundcovers and he would rather something more natural and would like to include something a little bushier and taller such as Viburnum, Arrowwood or High-Bush Blueberry.
Mr. Lyttle told the Commission that the embedded stairs would in no way prevent the passage of wildlife.
Attorney Riley said the applicant wants to preserve his view as well and also would like to replace the split-rail fence at the top of the bank.
Mr. Boelitz said he likes everything they have proposed but can’t believe what was done on the bank previously and would like some revegetation plan for the bank and that the dead trees be replaced.
Attorney Riley said he doesn’t think there would be any particular objections to that and Mr. Hoerle said that nothing has to be removed, they just have to plant in the open area that is there.
Mr. Boelitz said that the applicant is entitle to a view but topping trees is definitely not allowed. Deputy Merrill pointed out that there is a bare area on the plan and this area would accommodate some new Cedars. Mr. Boelitz said he would just like the dead or really bad trees to be replaced. Mr. Intonti said he agreed with Mr. Boelitz and would like to see some replanting o trees. Also, Mr. Intonti said he likes the idea of the embedded stairs.
Mr. Hoerle offered to meet at the site with Mr. Lyttle and Deputy Merrill to work out a plan.
Ms. Williams said she did not like the patio and thinks the whole thing is badly over done. Discussion followed about the patio and the addition of more native species to the bank. Mr. Hoerle said this is really important and that the landscaped area should be more naturally occurring with no human activity.
Chairman Collins inquired about the size of the trees to be replanted. Mr. Hoerle said that for every one that is flush cut he would like to see a two-gallon size Cedar planted with 100% survival over a three-year period.
Mr. Collins asked about the large Cedars in front of the house and Attorney Riley said they are not looking to trim or remove them. Mr. Collins reminded them to stay away from any kind of treated timbers for the stairs; also, he said that in the original Order of Conditions there is a condition for a dumpster and that debris be removed in a timely manner. He said the dumpster is full and should be removed. Mr. Lyttle said he will call the contractor to empty the dumpster.
There were no further questions and no comments from the floor so Chairman Collins closed this hearing.
Mr. Hoerle MOVED approval with Order of Conditions 1-19, 21, 22, 23, 27 stairway untreated, 28, 33, 40, 42 flush cutting the ravaged Red Cedars and replacing the cut ones with two-gallon Red Cedars and the open area on the bank shall be planted with Cedars in a number to be determined by the Natural Resources Officer, 43 the lawn shall be removed and replanted with native species from the approved planting list, 44 the split-rail fence along the top of the Coastal Bank may be replaced, 45 the planted area shall be extended to the southwest corner of the patio area, 46 no trimming of existing Red Cedars, 47 the area on the plan identified as natural planting shall always remain, 48 stairway plan Option #1 is accepted. Mr. Intonti SECONDED the Motion.
SO VOTED UNANIMOUSLY.
9:35 P.M. Notice of Intent filed by Mary Carpentieri, 80 Old Orchard Road,
Map 11, Parcel 029.
Chairman Collins announced this hearing. Matt Farrell from Bennett & O’Reilly, Inc. was present along with the Carpentieris. Mr. Farrell explained that construction was started and an Enforcement Order and Stop Work Order had been issued due to
mis-communication with the contractor. He said the work which was done was outside the 100' Buffer. He said the well is existing and was permitted under the Order of Conditions for the previous owner. He said they are seeking permission to connect the well to the house and the rest of the construction is outside the Buffer Zone.
The Carpentieris apologized for the confusion.
There were no questions from the floor and Chairman Collins closed this hearing.
Mr. Intonti MOVED approval with Order of Conditions 1-19, 21, 22, 23, 28, 33 let the area revegetate, 40, 42 a split-rail fence shall be installed at the 100' Buffer with a “No Mow” zone beyond that. Mr. Kelleher SECONDED the Motion.
SO VOTED UNANIMOUSLY.
9:50 P.M. Request for Certificate of Compliance, Russo, DEP SE 19-238, Bayberry Lane, Map 13, Parcel 159.
Deputy Merrill explained to the Commissioners that this old Order of Conditions for a revetment was expired. She said she spoke with Jim Mahala of DEP and he said that the best way to handle this is to issue a Certificate of Compliance with an ongoing condition for maintenance for the lifetime of the revetment so they can repair it. She also suggested an ongoing condition for nourishment.
Mr. Hoerle MOVED and Mr. Kelleher SECONDED the Motion to issue a Certificate of Compliance for DEP SE 19-238 with an ongoing condition for maintenance for the life of the revetment and a condition for nourishment.
SO VOTED UNANIMOUSLY.
9:55 P.M. Request for Certificates of Compliance, Palten, DEP SE 19-1085 &
DEP SE 19-1128, 3 Bayberry Lane, Map 13, Parcel 144.
Order of Conditions SE 19-1085 is for the demolition of an existing dwelling and construction of a new dwelling within the existing footprint; installation of a stone patio and hot tub; and, replacement of existing beach access stairs and landscaping.
There were questions about an irrigation system at the site and the use of fertilizer and Deputy Merrill recommended denying this request until she meets with the applicants/engineer.
Ms. Williams MOVED and Mr. Hoerle SECONDED the Motion to deny the request for a Certificate of Compliance for DEP SE 19-1085 at this time.
SO VOTED UNANIMOUSLY.
Order of Conditions SE 19-1128 is for the repair of an existing stone revetment and beach stairs and nourishment. Everything was in compliance for this request and Mr. Hoerle MOVED to issue a Certificate of Compliance for DEP SE 19-1128. Mr. Kelleher SECONDED the Motion.
SO VOTED UNANIMOUSLY.
9:58 P.M. Request for Certificate of Compliance, Hall, DEP SE 19-183, 20 Duck Marsh Lane, Map 09, Parcel 133.
In 1998, the Commission accepted a revised plan for this project showing final drainage system revisions. The work outlined on that plan was completed and Tim Brady of East Cape Engineering requested a Certificate of Compliance.
There were no questions. Mr. Kelleher MOVED and Ms. Williams SECONDED the Motion to issue a Certificate of Compliance for DEP SE 19-183.
SO VOTED UNANIMOUSLY.
10:00 P.M. Request for Certificate of Compliance, Old Orchard Realty Trust,
DEP SE 19-1086, 130 A & B Old Orchard Road, Map 11, Parcel 027.
This request was submitted by Paul J. Shea, P.W.S. of Independent Environmental Consultants.
Deputy Merrill said everything is fine at the site. Mr. Boelitz MOVED and Mr. Hoerle SECONDED the Motion to issue a Certificate of Compliance for DEP SE 19-1086.
SO VOTED UNANIMOUSLY.
Deputy Merrill presented some Administrative Reviews for ratification.
There was no further business and Ms. Williams MOVED to adjourn at approximately
10:20 P.M. Mr. Kelleher SECONDED the Motion.
SO VOTED UNANIMOUSLY.
MEETING ADJOURNED.
Respectfully Submitted,
Kay Stewart-Greeley,
Clerk
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