EASTHAM CONSERVATION COMMISSION
14 March 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: Peter Markunas of Coastal Engineering Company, Inc., Bob Smith, Robert Robinson, Gretchen Robinson, Liz Simmons, Stephanie Sequin of Ryder & Wilcox, Inc. Tim Brady of East Cape Engineering, Inc., Tim Klink, Scott Chad, Bruno and Maria Coppi.
Chairman Collins opened the meeting at 7:03 P.M.
Deputy Merrill presented three Administrative Reviews to the Commission for ratification: Collins, Seneca, and Colburn.
7:20 P.M. Notice of Intent filed by Esther M. Russo, 35 Bayberry Lane, Map 13, Parcel 159.
Chairman Collins announced this hearing. Peter Markunas of Coastal Engineering Company, Inc. was present for Ms. Russo. He told the Commission that the applicant wanted to repair the revetment which, when constructed in 1982, was called a random rock revetment. He said that some rocks have slid off and the Russos would like to replace them and have a maintenance clause for future repair. Mr. Markunas asked the Commission if, when the revetment needs to be rebuilt, it can be done with an Amended Order. Presently, there is no nourishment condition for this site and they have agreed to place Fifty-Four cubic yards (54) cy. of sand per year.
Deputy Merrill said the area doesn’t see as much action as the Shurtleff area. She said the whole wall will have to be re-built to function as a coastal engineered structure. She said a specific nourishment amount needs to be put in place, but the Conservation Commission can re-visit that amount at any time and change it.
After brief further discussion, Chairman Collins closed this hearing.
Mr. Hoerle MOVED approval with Order of Conditions 1-19, 21, 22, 28, 30, 35, 36, 37, 38, 41, 42 maintenance. Commissioner Smith SECONDED the Motion.
SO VOTED UNANIMOUSLY.
7:38 P.M. Notice of Intent filed by Scott Chad, 758 State Highway, Map 21, Parcel 063.
Chairman Collins announced this hearing. Mr. Intonti recused himself. Scott Chad was present and told the Commission he is looking to put sono tubes in for decking and to excavate to install a dry wall stone facing around the decking for aesthetics as well as adding pavers. He said there is a major drainage issue in the area which comes from the highway and he would like to create a drainage moat around the building to help with the water problem. He said he thinks this area may have been filled a long time ago. He said the deck will be lower than the house and will not need railings. He said he thinks that doing this project will help the drainage in the area. He said he had received a phone call and a letter from Deputy Merrill listing things which were needed to complete his filing. He said
the area is relatively flat and he doesn’t think that anything he will be doing will hurt the situation.
Chairman Collins said he thought that Deputy Merrill’s letter was accurate and to the point of what is required to clarify some issues. He said the Commission is fully aware of flooding in the area and he personally has seen the tide rise into this area. Mr. Chad disagreed and told Chairman Collins that he was 100% incorrect. Mr. Chad continued to interrupt Chairman Collins, taking issue with having to provide the information requested by Deputy Merrill and asked the Commission to show him where it says in the Notice of Intent application that such information is required. Chairman Collins explained the process of filing and the materials required by the Commission.
Deputy Merrill told Mr. Chad that she had previously explained to him what the necessary filing requirements were for the State and the Town and that they are the same for him as for any other applicant who comes before the Commission.
Mr. Chad stated the Commission wasn’t doing their job and at that time ignored the Commission’s request for additional materials.
Mr. Boelitz called for a vote to approve this proposal and Mr. Smith SECONDED the Motion.
THE VOTE WAS 0 IN FAVOR AND 5 OPPOSED.
MOTION FAILED. PROJECT DENIED.
8:00 P.M. At this time a short break was suggested.
8:08 P.M. Continuation of Hearing on Notice of Intent filed by Land Cape, Inc., 90 Blueberry Drive, Map 21, Parcel 044/045.
Chairman Collins announced this hearing. Tim Brady of East Cape Engineering, Inc. and Tim Klink of Land Cape, Inc. were present. Mr. Brady reviewed the last hearing at which the applicant and the Commission had discussed mitigation.
Deputy Merrill told Mr. Brady and Mr. Klink that she had spoken with the Town Administrator regarding the idea of a monetary contribution for mitigation and found that there isn’t a vehicle for that to happen. It was agreed that instead of a covenant that would involve secondary enforcement, the covenant should be incorporated into any Order of Condition issued.
Deputy Merrill went on to explain that after the last hearing she decided to do a summary of some of the other docks in the local area and the performance standards of other towns to determine what might be the most feasible design. She said the Town Administrator also suggested that an annual or bi-annual impact report could be done. She asked the applicant if there were other feasible alternatives to the proposed dock and pier, as it is the applicant’s responsibility to show this to the Commission.
Mr. Brady said he would not have any problems with any of the conditions the Conservation Commission decides to set on the project. Deputy Merrill asked whether a mooring would be more feasible than the proposed pier. She said the pier is large, there is no water at low water and the channel is small.
Chairman Collins said this area is a channel and the area was paved with scallops twenty years ago, so it is a sensitive habitat area. He asked the applicant if going with a more North/South pier location made any sense. Mr. Brady responded that he doesn’t think a more North/South location would be practical and that he doesn’t think the proposed location is a bad one. He said he thinks that most of the piers in the area have vegetation growing under them quite well.
Chairman Collins asked Mr. Brady if he knows of any permitted piers on properties adjacent to a deeded right-of-way to the water. Mr. Brady said he thinks there are a couple where the subdivision has rights to get to the water.
Mr. Hoerle stated that he hoped this dialogue would come up with a process where the owner would be benefitting Town Cove. He said what he was hoping to gain was some factual ideas which show that there is a willingness to better the Cove and the area around the pier.
Mr. Brady stated again that he has no problem with any of the restrictions the Commission might want to put in place. Discussion followed about the preference of a mooring to the proposed pier and about enforcement of the conditions placed on the project.
Mr. Boelitz said he would not agree with any further continuation of this hearing, that he believes the proposed pier will be a detriment to the Cove, and that he will not vote in favor of the proposal.
Chairman Collins reminded the Commission that they have thirty (30) days within which to issue an Order of Conditions and asked the applicant if the Commission wants the pier constructed on completely non-treated wood would the applicant agree to that. Mr. Brady said they would agree to such a condition.
There was no further discussion and Chairman Collins closed this hearing. Mr. Hoerle MOVED to approve this proposal and Mr. Boelitz SECONDED the Motion.
THE VOTE WAS 3 IN FAVOR AND 3 AGAINST.
MOTION FAILED. PROJECT DENIED.
8:50 P.M. Continuation of Hearing on Notices of Intent filed by Frederick & Michelle Mensel, 425 Shurtleff Road, Map 07, Parcel 144; Thomas & Maureen Lapham, 435 Shurtleff Road, Map 07, Parcel 142A; and Katherine Mouchantat, 405 Shurtleff Road, Map 07, Parcel 145.
Chairman Collins announced this hearing and read a letter from Coastal Engineering Company, Inc. requesting a continuance until the meeting of 28 March 2006.
Mr. Boelitz MOVED and Mr. Kelleher SECONDED the Motion to continue this hearing until 28 March 2006.
SO VOTED UNANIMOUSLY.
8:52 P.M. Notice of Intent filed by Robert G. & Gretchen P. Robinson, 18 Asparagus Lane, Map 19, Parcel 036.
Chairman Collins announced this hearing. Stephanie Sequin of Ryder & Wilcox, Inc. was present for the applicants who were also in attendance. Ms. Sequin told the Commission that the site is a 1.3 acre lot which extends from the house to Cape Cod Bay. She said it is in the 100-year Flood Zone and is a V Zone at elevation 15'. She said they are also dealing with the buffer zone of Inner Cape Cod Bay A.C.E.C. and the Coastal Bank which transects the house. She said the existing property is five bedrooms and the septic was upgraded in 1996. She said the applicants are not proposing any increase in the number of bedrooms so the septic system will remain.
Ms. Sequin said they are proposing a 16'x12' addition, squaring off the footprint and extending the first-floor deck in front of the addition within the footprint of the lower deck. She said the screen porch off the side of the addition will be on piers. She said the additional coverage for the screen porch and walkway is 185 square feet so it is not a significant increase and the new construction is 27' from the marsh so it is not getting any closer. She said all the areas are presently developed. She said that no substantial vegetation will be removed and the limit of work is 8' off the deck with access from the driveway. She said the only excavation will be for the footings under the proposed addition and holes for piers for the screen porch. Any excavated material will be removed from site. All
drainage will be directed into dry wells. Ms. Sequin said they have shown a “No Mow” zone around the existing berm and because they are proposing alterations within a velocity zone they will have to be designed with knock-out panels to allow for the flow of flood waters.
Deputy Merrill said the area is already developed. She said that right now the deck is somewhat permeable and it would be great if all drainage could be directed into dry wells and it would be good if the outside shower could also be directed into dry wells. She said the area doesn’t look like a typical Salt Marsh, so if they were to let the pathway area grow in a little that would be a nice swap.
Mr. Bruno Coppi, an abutter, spoke from the floor saying he objects very strongly to any change because he thinks the neighborhood has been over-developed and that raising the house another floor will increase the population of the place. He said he doesn’t understand how the new septic was approved in 1996.
Deputy Merrill told Mr. Coppi that the septic question would be one for Zoning, Planning or the Board of Health.
Mr. Boelitz said his only objection is that the application doesn’t say how the “No Mow” zone will be secured and he thinks it is a little stingy and would like to see it 15' wide.
Ms. Sequin suggested that the “No Mow” zone follows the line of the A.C.E.C. and said that Variances were granted in 1996 for the septic system. She said the property also has a recorded deed restriction for the number of bedrooms.
Mr. Intonti said he would like to see some more planting of vegetation and Ms. Sequin said the applicants would be agreeable to that.
There was some discussion about the limit of work, after which Chairman Collins closed this hearing.
Mr. Boelitz MOVED approval with Order of Conditions 1-19, 21, 22, 23, 24 including the outside shower, 25, 28, 30, 32, 37, 42 the “No Mow” zone shall be a minimum of
15' wide, 43 the “No Mow” zone shall be delineated by a physical barrier such as a
split-rail fence or large stones, 44 Beach Plum, Bayberry, or Red Cedar may be planted in the “No Mow” zone. Mr. Hoerle SECONDED the Motion.
SO VOTED UNANIMOUSLY.
9:20 P.M. Deputy Merrill reviewed the Patwharden Administrative Review with the
Commissioners and they ratified it.
There being no further business, Mr. Hoerle MOVED and Mr. Kelleher SECONDED the Motion to adjourn at approximately 9:30 P.M.
Respectfully Submitted,
Kay Stewart-Greeley,
Clerk
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