EASTHAM CONSERVATION COMMISSION
28 February 2006
MINUTES
PRESENT: Stephen Smith, David Hoerle, Glenn Collins, Terry Kelleher, Don Intonti, Marcel Boelitz,
STAFF PRESENT: Deputy Natural Resourses Officer Katelyn Merrill, Conservation Clerk Kay Stewart-Greeley
ALSO PRESENT: Gary and Heidi Senecal, Tim Brady of East Cape Engineering, Inc.
Chairman Collins brought the meeting to order at 7:00 P.M.
After a couple of minor corrections, Mr. Hoerle MOVED to approve the Minutes of
14 February 2006 and Mr. Smith SECONDED the Motion.
THE VOTE WAS 3 IN FAVOR WITH MR. INTONTI AND MR. KELLEHER ABSTAINING.
MOTION CARRIED.
Commissioner Boelitz arrived at this time.
There was some discussion about the use of non-pressure-treated wood versus pressure-treated wood. Mr. Smith raised the question about pressure-treated wood used for decking leaching into the groundwater. Deputy Merrill told the Commissioners she had just started looking into this topic. She told the Commissioners she would go through the report and come up with the best management practices.
7:15 P.M. Notice of Intent filed by Jay Mead, 15 Lee Court, Map 11, Parcel 179.
The applicant’s representative, Jason Ellis, was unable to attend the meeting due to a scheduling conflict. She said it is a septic upgrade with the SAS outside the Buffer. She said the existing cesspools will be filled and the new well will be hand dug. There will be no vehicles on site. She said the cesspools have long since been abandoned.
Mr. Hoerle MOVED approval with Order of Conditions 1-19, 21, 22, 23, 28, 31, 33. Mr. Intonti SECONDED the Motion.
SO VOTED UNANIMOUSLY.
7:25 P.M. Deputy Merrill reviewed the Enforcement Order for Landcape, Inc. and
informed the Commissioners that Mr. Klink said he is going to introduce the irrigation system for approval in response to the Enforcement Order that ordered him to remove the system completely.
7:30 P.M. Request for Determination of Applicability filed by Heidi & Gary Senecal, 120 Eider Lane, Map 16, Parcel 017.
Heidi and Gary Senecal were present. Ms. Senecal explained the plans to the Commissioners. She said there is not much growing where the patio installation is proposed. She explained where the retaining walls were proposed and told the Commission she would like to remove the broken or uprooted Locust trees before the next wind storm takes them down.
In response to a question from Commissioner Smith, Ms. Senecal said the patio will be laid with the ground contour. She said they will be having it professionally installed and it will be laid on the existing ground.
Deputy Merrill said that all the work is basically hugging the dwelling. She said she doesn’t know if the Rosa Rugosa should be taken out completely because it is a good anchoring system and Ms. Senecal said she is fine with cutting it back. Deputy Merrill said not much clearing will be done and the applicants will let some of the area go back to natural vegeation between fifty and one hundred feet.
Ms. Senecal said there are Chokecherry trees and many perennials that were there when they bought the house which that have never been maintained.
Mr. Hoerle said that he personally liked the shape contour and the two dimensional aspect of the proposal but what he sees is a lot of plants and emphasis on a garden which does not contribute to the foraging opportunities for any birds or creatures which use the 50' Buffer and he would like to see some Beach Plum added. Ms. Senecal said they have included Beach Plum and most of the things which are planted now seed well.
Mr. Hoerle asked how the applicants intended to maintain the lawn in the area of the broken Locusts. Ms. Senecal said that the lawn was planted before they bought the site and that they are not going to do anything additional. She said the area will probably be kept as a bought lawn and they will not be adding any nitrogen or fertilizers as they are very conscious about that. She said they actually plan to get rid of as much lawn as possible.
Mr. Boelitz said that it is the Conservation Commission’s job to keep activity off the resource. He said he has no objection to the patio or flagstone path but he thinks a fence of some sort is needed that runs along the 50' line to preserve what is left of the Buffer Zone. He said that if the area becomes overgrown, the applicants can come to the Commission and ask for view pruning.
Ms. Senecal asked what type of fence was recommended and Mr. Boelitz said maybe a half-height, split-rail fence.
Mr. Kelleher said he doesn’t see anything wrong with the proposal and it looks as if they will take care of the site. There was some discussion about how they plan to eradicate the Poison Ivy which is encroaching and strangling several trees.
Deputy Merrill said the Poison Ivy is still part of the system and they can keep it at bay as opposed to eradicating it. Mr. Hoerle suggested waiting until the end of the season and pulling it out by the roots in October or November. He said that over a period of years that will work pretty well.
Chairman Collins said that whenever he sees hardscaping that close to the resource it makes him nervous. He said that blue stone is not necessarily a pervious surface so he has a little bit of a problem with that and perhaps they could use a more permeable base. Mr. Hoerle said that an area on a blue stone base will shed water rather than absorb it.
Mr. Boelitz said he doesn’t think this project should be a Request for Determination of Applicability application. Deputy Merrill said that she and Mr. Lind thought it could be addressed with an RDA. Mr. Intonti said he agreed with Mr. Boelitz.
There were no further comments or questions and Chairman Collins closed this hearing. Mr. Boelitz MOVED a Positive Determination for Reason #4. Mr. Intonti SECONDED the Motion.
SO VOTED UNANIMOUSLY.
8:10 P.M. Notice of Intent filed by James McDermott, 25 Blue Heron Way, Map 18, Parcel 261.
Chairman Collins announced this hearing. Tim Brady of East Cape Engineering, Inc. was present for the applicant and explained the proposal for construction of an addition to an existing house. He said there is a Bordering Vegetated Wetland to the rear of the property which eventually drains under Route 6. He said the applicant is proposing a drive-under garage with living space above it. He said the addition has been located as far forward on the building as it can be and still leave the existing leaching field in the current location but the septic tank will have to be moved. He said they have proposed a gravel driveway. He said the portion of the project in the 50' Buffer will not require any regrading. He said that he thinks that when the building was constructed it was filled on the left hand
side. He said a deck extension is also proposed in the rear. He said that there is no particular planting proposed other than to let the area naturally revegetate. He said he thinks it is a pretty straightforward construction project with a little bit of work in the Buffer Zone. He said he thinks the wetland delineation is very generous. He said he did hear the comments from the previous hearing about installing definitive fencing along the 50' line.
Deputy Merrill asked if the area where the driveway is proposed is going to be landscaped and Mr. Brady said it would not be landscaped and would be left natural. Mr. Brady said that the proposal is only for a one-car garage as a crawl space is allowed within 10' of the leaching system but a full foundation must be 20' away.
Mr. Hoerle commented that the grade to the garage is pitching down and he doesn’t see any dry well. Mr. Brady said the pitch is OK for it to run off the sides. Mr. Smith proposed eliminating the garage and Mr. Brady said if runoff is a concern he doesn’t have a problem with putting a drain in the driveway. Deputy Merrill suggested getting all the drainage into a dry well because there is no flood capacity. Mr. Brady said there is no problem adding a driveway drain.
Mr. Boelitz said the garage and driveway seem unreasonable to him and Mr. Brady said that runoff impacts can be handled with drainage. Mr. Brady said that this is a large addition but they are not pushing any of the Zoning Bylaws or anything.
Mr. Smith asked if the whole project could be done from the driveway area with tight limit of work lines. Mr. Brady said that yes, this could be done.
Deputy Merrill asked if there is a standard driveway width and mr. Brady said that twelve feet is the most you would need. Deputy Merrill said that perhaps they could meet at the site and mark the best, most preferential path for the driveway and where the contour gets steeper would be a great place to have the split rail fence. Chairman Collins said the limit of work needs to be brought in to within ten feet of the addition.
There were no further questions or comments and Chairman Collins closed this hearing. Mr. Intonti MOVED approval with Order of Conditions 1-19, 21, 22, 23, 24, 25, 28, 31, 32, 33, 36, 40, 42 fence site delineation and driveway location will be determined on site, 43 a catch basin shall be installed in the driveway. Mr. Hoerle SECONDED the Motion.
SO VOTED UNANIMOUSLY.
8:35 P.M. Continuation of Hearing on Notice of Intent filed by David Driscoll, Harmes Way Realty Trust, 385 Harmes Way, Map 01, Parcel 112.
Chairman Collins announced this hearing and read a letter from David Driscoll requesting a continuance until 28 March 2006. Mr. Hoerle MOVED and Mr. Boelitz SECONDED the Motion to continue this hearing at the applicant’s request until 28 March 2006.
SO VOTED UNANIMOUSLY.
8:40 P.M. Continuation of Hearing on Notice of Intent filed by the Town of Eastham, Herringbrook Road, Map 14.
Chairman Collins announced this hearing. This filing was made because the previously approved Order of Conditions had expired. Deputy Merrill reviewed the previous Order of Conditions with the Commissioners. Mr. Boelitz MOVED and Mr. Intonti SECONDED the Motion to approve this project for repair and maintenance of Herringbrook Road with the same Order of Conditions as previously approved.
SO VOTED UNANIMOUSLY.
There was some discussion about the effects of irrigation.
Mr. Kelleher MOVED and Mr. Intonti SECONDED the Motion to adjourn at approximately 8:45 P.M.
Respectfully Submitted,
Kay Stewart-Greeley,
Clerk
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