EASTHAM CONSERVATION COMMISSION
28 March 2006
MINUTES
PRESENT: Stephen Smith, David Hoerle, Glenn Collins, Terry Kelleher, Marcel Boelitz,
STAFF PRESENT: Deputy Natural Resources Officer Katelyn Merrill, Conservation Clerk Kay Stewart-Greeley
ALSO PRESENT: Lester J. Murphy, Jr., John Schnaible of Coastal Engineering Company, Inc., Fred Ambrose, Ronald Matlin, Liz Simmons, Joan Sullivan, Peter Markunas of Coastal Engineering Company, Inc., Bob Prescott of Mass Audubon, Rick Mensel, Anne Matlin.
Chairman Collins opened the meeting at 7:03 P.M.
Mr. Kelleher MOVED to approve the Minutes of 28 February 2006 as submitted. Mr. Smith SECONDED the Motion.
SO VOTED UNANIMOUSLY.
After a couple of minor corrections, Mr. Hoerle MOVED and Mr. Boelitz SECONDED the Motion to approve the Minutes of 14 March 2006.
SO VOTED UNANIMOUSLY.
7:07 P.M. Change in Plans, Shotsky/Saleem-Brodsky, 8 Sibley Way, Map 21,
Parcel 051H.
Deputy Merrill read a letter from Tim Brady of East Cape Engineering, Inc. stating that the stair treads on this project would be changed from plastic to 2"x6" wooden treads on the advice of the contractor because of safety considerations. The treads will be placed at least a half inch apart.
The Commissioners had no problem with this change. Mr. Kelleher MOVED and Mr. Hoerle SECONDED the Motion that this change was OK.
SO VOTED UNANIMOUSLY.
The Commissioners discussed the upcoming DEP Wetland Circuit Rider Workshop Series. Deputy Merrill explained that the Circuit Rider is a State Wetland Specialist for different areas. Mr. Kelleher said he would be interested in the April 4th workshop in Lakeville and Deputy Merrill said she would find out about it.
7:15 P.M. Continuation of Hearing on Notice of Intent filed by Christopher & Bette Ann Anderson, 20 Teal Way, Map 17, Parcel 505.
Chairman Collins announced this hearing. John Schnaible of Coastal Engineering Company, Inc. was present for the applicants. The applicants’ builder, Fred Ambrose, was also in the audience. Mr. Schnaible presented a revised plan for this project. He said he listened to the Conservation Commissioners’ input at the initial hearing on this project and he has moved the house 5 ½ feet away from the resource area. He said now there would be 1,000 square feet of disturbance in the Buffer where the original proposal had been for 1,300 square feet. He said they tightened up the limit of work to 3,000 square feet instead 6,000' square feet previously. He said there will be no grading in the Buffer and they have moved the retaining wall outside of the Buffer.
Mr. Schnaible provided a landscape plan which was requested by the Commission. He said the plantings will be native: Bayberry; Inkberry; and, Beach Plum. He said these are good species for the area and will provide habitat. Mr. Schnaible went on to say that the Commission requested that part of the proposed full foundation be changed to a crawl space and he said this had been done on the back portion of the house. He said he thinks the revised plan is a good compromise and that the house will fit into the site well. He said that if they moved in any closer to the property line they would have a problem with maneuvering in the driveway and backing onto Teal Way. Also, he said that if the house was moved forward any farther the would have to remove eight or nine more trees and they would lose the tree
canopy. He said the owner wanted to leave as many trees as possible.
Deputy Merrill said that she thinks the contractor has done a good job of addressing all the concerns of the Commission. She said the lot is narrow and agrees that if they moved it forward any more they would lose the canopy of trees.
Mr. Hoerle said he thinks the applicant did a good job by addressing all of the concerns that the Commission.
Mr. Boelitz asked if there was a lawn. Mr. Schnaible said there is no lawn and there is no mowing being done at all. Chairman Collins commented that there are quite a bit of wild grasses at the site. Mr. Schnaible said no lawn is proposed. Mr. Boelitz said he thinks they need to define a “No Mow” zone.
Anne Matlin spoke from the floor and asked what a Buffer Zone was. Mr. Schnaible explained the definition to her. Chairman Collins said he thinks the applicant has done a great job of addressing the concerns of the Commission and he agrees with Mr. Boelitz that there needs to be a delineation of the Buffer Zone. Fred Ambrose, the builder, said the owner has no problem with a “No Mow” zone. Chairman Collins said he thinks a low split-rail fence or large stones could define the “No Mow” zone.
There were no further questions or comments and Chairman Collins closed this hearing. Mr. Hoerle MOVED approval with Order of Conditions 1-19, 21, 22, 23, 24, 25, 28, 30, 31, 32, 33, 37, 40, 42 a “No Mow” zone along the 100' Buffer shall be delineated by large stone markers. Mr. Smith SECONDED the Motion.
SO VOTED UNANIMOUSLY.
7:37 P.M. Notice of Intent filed by Timothy Klink, Land Cape, Inc., 90 Blueberry Drive, Map 21, Parcel 044/& 045.
Chairman Collins announced this hearing and read a letter from Tim Klink requesting that this hearing be continued until the meeting on 25 April 2006. Mr. Hoerle MOVED and Mr. Kelleher SECONDED the Motion to continue this hearing until 25 April 2006.
SO VOTED UNANIMOUSLY.
Deputy Merrill reviewed an Enforcement Order for Lehr at 325 Mill Road. She showed photos of the site which showed clearing beyond the approved two-foot path. She said she would require them to install a fence along the entire two-foot wide path. Chairman Collins said he thought this was a good idea.
There was some discussion about Staging Permits and changing them to include a final inspection before the bonds are released to the contractors.
7:45 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 that this hearing be continued once again until the meeting of 25 April 2006. Also, Mr. Driscoll requested that he be allowed to participate in the meeting by speaker phone. The Commission discussed this request and felt that it would not be in the best interest of the hearing and not possible to do this by speaker phone.
Deputy Merrill reviewed the proposal to do nourishment. The Conservation Commission wants to regulate the amount of nourishment and the applicant doesn’t want the Commission to have any say about when or how much nourishment they do.
Mr. Boelitz said there is no reason to deny this request but the resource is in the care of the Conservation Commission and he doesn’t feel they should write the applicant a “blank check” to do anything he wants.
Bob Prescott of Mass Audubon came forward and told the Commission that there is a long history to this property which terminated with the completion of the Consent Order and this is now a totally independent filing. He said the Audubon attorney says that with the end of the Consent Order that is the end of the whole thing and the only sticking point is that when the Consent Order was signed the Driscolls said that the rip rap would be covered and never see the light of day. He said the rip rap has been uncovered much of the time and he would disagree with them that they have added as much sand as they needed to. He said the stones are now spreading and showed the Commission photos that he had taken in February.
Deputy Merrill said that until the Commission feels guaranteed that everything has been done that should be done, the burden of proof is on the applicant.
Ultimately, Mr. Smith MOVED for a continuance until 9 May 2006,as Mr. Prescott had a conflict with the 25 April date and would like to be in attendance, and that the applicant should be in attendance also. Mr. Smith also requested that Deputy Merrill speak to Town Counsel for interpretation on this matter and that a letter be written to Mr. Driscoll asking for documentation relative to the amount of sand which has been added. Mr. Kelleher SECONDED the Motion.
SO VOTED UNANIMOUSLY.
8:10 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. Peter Markunas of Coastal Engineering Company, Inc. was present for the applicants. One of the applicants, Rick Mensel, was in the audience.
There was discussion about nourishment amounts and the elevation used for the beach elevation for the toe stones. Mr. Markunas presented an Addendum relative to the calculation of nourishment on these properties. Mr. Markunas said they used the elevation of the flat just off shore, the approximate elevation of 0' NGVD. Deputy Merrill explained how the elevations were figured and said that ultimately there will be a lot more consistency.
Mr. Markunas said he strongly suggests consistency with a premium 1:1.5 mitigation across the board. He said the revetments will be rock with bags on top with a sand reservoir and conditioned the same way as the other recently-approved revetments. He said the design is the same as the ones which were just approved on Bayberry.
Deputy Merrill showed photos of the Lapham cages which were destroyed in the December 9th storm. Mr. Markunas said the Lapham deck is 8' from the top of the bank, the Mensel house is 27' from the top of the bank and the Mouchantat house is 46' from the top of the bank.
Deputy Merrill said wording will be placed in Condition #35 that the nourishment amount can be revisited and changed at any time. Discussion followed about the nourishment condition and Mr. Boelitz asked that time be set aside at the next meeting to address the nourishment issue.
Ronald Matlin, a resident of Shurtleff Road, approached the Commission and presented a written statement regarding revetments at Shurtleff Road. He said that it is a
well-known fact that building seawalls erodes and destroys beaches. (See attached Summary) He said he strongly opposes the installation of revetments on Campground Beach and requested that the Commission deny these applications and “rule in favor of the beach”. He said he disagrees with the method for determining beach nourishment. and thinks that before revetments are constructed a survey should be done to determine the depth of the beach and the amount of sand required to maintain the beach depth should be replenished every year at the expense of the owners of the revetments.
Mr. Matlin said he also has a problem with the scouring caused by revetments and thinks that the people installing revetments should be responsible for installing revetments on the next property where the scouring occurs. He said that one after another will have to be put in to prevent scouring. He said that at high tide the water is at the rocks at Campground Beach and there is no beach. The beach is gone.
There was discussion about how much sand needs to be continually placed on beaches in order to maintain them and it was found that sand placed directly on the beach is simply washed away so it is better to place the nourishment on the revetment itself. Mr. Markunas said a condition could be included which would allow the Conservation Commission to re-visit the condition and adjust the quantity of beach nourishment.
Mr. Boelitz commented that State regulations say that the Conservation Commission must allow people to build revetments in order to protect their homes.
Mr. Hoerle thanked Mr. Matlin for his input and asked him to also speak to this at Town Meeting.
Mr. Kelleher said he thinks the changes in the design are in the best interests for the future.
There were no further questions or comments and Chairman Collins closed this hearing. Mr. Hoerle MOVED approval with Order of Conditions 1-19, 21, 22, 30, 35, for each, 37, 38, 41, 42 that the nourishment amount may be changed as determined by the Natural Resources Officer. Mr. Kelleher SECONDED the Motion.
SO VOTED UNANIMOUSLY.
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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