EASTHAM CONSERVATION COMMISSION
25 April 2006
MINUTES
PRESENT: Stephen Smith, David Hoerle, Glenn Collins, Terry Kelleher, Marcel Boelitz, Don Intonti, Judith Williams.
STAFF PRESENT: Deputy Natural Resources Officer Katelyn Merrill, Conservation Clerk Kay Stewart-Greeley
ALSO PRESENT: Tim Brady of East Cape Engineering, Inc., George Katz, Carole Katz, Marcia Ringgold, Alan Ringgold.
Chairman Collins opened the meeting at 7:03 P.M.
7:05 P.M. Request for Change in Plans, Baughman DEP SE 19-1181, 300 Samoset Road, Map 14, Parcel 135.
Chairman Collins read a letter from Tim Brady of East Cape Engineering, Inc. requesting that the plan dated 17 March 2006 be accepted as the record plan for the above Order of Conditions which was issued on 1 July 2005.
Mr. Brady explained to the Commission that the Order of Conditions was issued according to a lengthy narrative and a plan drawn by Robert Dollak dated 5/18/05. He said that since that time it was determined that a new septic system will be needed and the details are shown on the new plan. He said the work is basically the same except for a screen porch shown on the new plan which was not on the previous plan. He said that the new plan is more detailed and includes an alternative treatment system. He said there will be a retaining wall for the septic tank and another for the leaching system.
Discussion followed regarding the limit of work and Mr. Brady explained. Deputy Merrill said that the property does need to be cleaned up but she doesn’t want to see vegetation replaced with grass. She said that having an engineered plan is great, but perhaps a landscape plan should be submitted.
Subsequently, it was MOVED by Mr. Hoerle and SECONDED by Mr. Kelleher to continue this matter until the meeting of 9 May 2006 and that a site visit be made on that date.
SO VOTED UNANIMOUSLY.
7:20 P.M. Request for Determination of Applicability filed by Elizabeth Resko, 8 Shore Gardens, Map 21, Parcel 063.
Chairman Collins announced this hearing. Deputy Merrill explained the proposal to the Commissioners. The Commissioners had no issues with the replacement of the unsafe stoop and Mr. Boelitz MOVED a Negative Determination for Reason #3. Ms. Williams SECONDED the Motion.
THE VOTE WAS 6 IN FAVOR WITH ONE ABSTENTION.
MOTION CARRIED.
7:27 P.M. Request for Certificate of Compliance, Ringgold DEP SE 19-1145, 385R Mary Chase Road, Map 075.
Chairman Collins read a letter from Judith Bersin of Ryder & Wilcox, Inc. requesting a Certificate of Compliance for demolition of an existing single-family house and construction of a new single-family dwelling attached to an existing garage with expansion of the driveway.
The Commissioners reviewed the approved plan. Deputy Merrill said there were several stipulations in the Order of Conditions which needed to be complied with. She said the pervious driveway and “No Mow” zone were established but she said there were some issues at the site visit. She said there is a garden existing which was not on the approved plan, there are plantings on the Coastal Bank, controlling of invasives, and there was storage of materials within the “No Mow” zone.
The Ringgolds were present along with their neighbors George and Carol Katz. Mr. Ringgold said the Order of Conditions set out the driveway and the “No Mow” zone. He said they have not cut any grass and there is a common walkway for neighbors along the edge of the bank. He said they have delineated the “No Mow” zone with stumps and right now the area is in a state of change. He said that during construction they took out all of the useable materials from the old cottage and recycled it. He said that the pile in the “No Mow” zone is one third of what it was when it started out and the only thing that will be left is the wood for their wood stove. He said that the terrace is made of tumbled blue stone so they feel that they have conformed to that condition. He said
they have undertaken a major planting program around the porch and have diligently planted 25 bearberry, 23 bayberry and also about 100 Rosa Rugosa and lilies. He said they took to heart the conditions in the Order and feel that they have conformed to them and asked the Commission to grant a Certificate of Compliance.
Mr. Hoerle commented that he thinks the objection to the lilies is a trifle. Mrs. Ringgold quoted from an article by Stephanie Foster which says that planting only native species is not the best thing to do but a mix of native and other plants offers more for wildlife.
Deputy Merrill reviewed the Minutes from the previous hearings which stated that the Ringgolds were dealing with an extensive amount of invasives on the bank and coming into the right of way. She said that from her perspective that as long as something is established and left alone there is not going to be a problem, but if it is going to be constantly manicured that would be detrimental. She said she thinks the Ringgolds have been very diligent in managing their surroundings. She said there is an issue with the “No Mow” zone and thinks it needs to be more delineated.
Mr. Ringgold responded that a fence would be a hazard.
Ms. Williams commented that if the Conservation Commission allows planting on the Coastal Bank they won’t be able to tell others not to plant. Mrs. Ringgold said she will not be placing any more wood chips in the future. Ms. Williams went on to say that the garden is sitting right where she doesn’t want to see it and would like to see it moved around to the back next year.
Mrs. Ringgold went on to say that the garden is pre-existing and is in an area where they are allowed to mow. She said that re-locating the garden would block the neighbors’ view of the water. She said the garden is organic, she does not use fertilizer and again quoted Stephanie Foster who says that “having a garden is the best way to give space to nature”.
George Katz who lives next door to the Ringgolds addressed the Commission saying that the Ringgolds have owned the property for fourteen years and are “a part” of their property. He went on to detail all the work the Ringgolds have completed themselves. He said that the Ringgolds are conservation personified and it is represented in the way they live. He said that he thinks it would be unfortunate to alienate them. He said that nothing about the site is damaging or harmful. He said that he believes that what they have done is in the best interest of the Buffer Zone which protects the water.
Chairman Collins told Mr. Katz the Commission was not trying to alienate anyone and the Commissioners are entitled to their opinions.
Mr. Boelitz said that the Commissioners meet twice a month and what they are charged to do is protect the Buffer Zone as defined by the Town Bylaw and State regulations. He told the Ringgolds that because they are in a Buffer Zone they are not allowed to do anything they want. He said there is virtually nothing left of the Buffer Zone. He said that obviously the Conservation Commission has not been able to explain to folks who live around the Buffer Zone what it is supposed to look like. He said the Commission doesn’t want them to do anything at all in the “No Mow” zone, walking or anything. He said he would like to see the “No Mow” zone defined by a low-lying fence of some sort and would like the Ringgolds to come back next year and he would like to see a “No Mow” zone
and not a lawn. He said that a garden would not have been allowed in the Buffer Zone. He said that his suggestion is that the re-visit it next year and see if they can see a distinction between the areas.
Mr. Ringgold stated that he had been told he could not receive his Occupancy Certificate without a Certificate of Compliance. Deputy Merrill and Chairman Collins said they did not think that was the case and Deputy Merrill said she would check with the Building Inspector .
Mr. Kelleher said that from what he can see and what he has seen of their property, they have always been good stewards. He said the patio is fine and posts along the bank are not going to make much of a difference. He said he doesn’t see a problem with the vegetable garden.
Mr. Intonti said he would like to stay consistent and would like to see a fence because the whole purpose of the “No Mow” zone is not to have any activity there. He said he thought the planting on the bank was OK. He said there is no way to monitor the garden and perhaps the Ringgolds could find another place to put it.
Mr. Smith said he thinks the property is gorgeous. He said he loves the posts an hates fences and his argument is that he can take a lawnmower and throw it over a six foot fence to mow. He said he thinks the area will be fine.
Mr. Hoerle said he had listened to all the input and to the applicants who are obviously very sensitive to what the Commission is talking about. He said that given the discussion about the garden and composting etc., he believes that what was described is beneficial and desirable. He said he is a little concerned as a Commissioner about micro managing when the Ringgolds obviously have their hearts and minds in the right place and he thanked them. He said that as far as the fence and the gardening, he would like to see the garden in another place, but in this instance he is willing to let it ride because they are doing a conscionable thing.
There were no further comments and Mr. Hoerle MOVED to grant a Certificate of Compliance for DEP SE 19-1145. Mr. Smith SECONDED the Motion.
THE VOTE WAS 4 IN FAVOR AND 3 AGAINST.
MOTION CARRIED.
8:12 P.M. Continuation of Hearing on Notice of Intent filed by Timothy Klink, Land Cape, Inc., 90 Blueberry Drive, Map 21, Parcel 44 & 45.
Chairman Collins announced this hearing. Deputy Merrill told the Commissioners that a Criminal Complaint was issued to Mr. Klink for failure to comply with the Enforcement Order which was issued for removal of the irrigation system. She read the narrative which accompanied the Complaint which stated that he had neither removed the irrigation system or filed a complete Notice of Intent application. If fact, DEP refused to issue a number because the Notice of Intent was incomplete.
8:12 P.M. Request for Extension, Gould DEP SE 19-328, Foot of Cove Road.
Chairman Collins read a letter from Dana Gould requesting an Extension to nourish the beach at the foot of Cove Road which he has done every three years since 1985.
Ms. Williams MOVED and Mr. Intonti SECONDED the Motion to issue a 3-year Extension for DEP SE 19-328.
SO VOTED UNANIMOUSLY.
8:20 P.M. Request for Extension, O’Brien DEP SE 19-1105, 85 Bay View Drive,
Map 13, Parcel 012.
Chairman Collins read a letter from Anchor Marine, Inc. requesting an Extension to nourish the Coastal Bank at the above-referenced property. There were no issues and Mr. Kelleher MOVED to grant a 3-year Extension to DEP SE 19-1105. Mr. Hoerle SECONDED the Motion.
SO VOTED UNANIMOUSLY.
8:22 P.M. Request for Extension, Levine DEP SE 19-495, 2 Campground Landing, Map 7A, Parcel 322.
Chairman Collins read a letter from Seymour Levine requesting an Extension for maintenance work on his rock revetment. Mr. Levine is nourishing the beach annually.
Mr. Hoerle MOVED and Mr. Boelitz SECONDED the Motion to grant a 3-year Extension for DEP SE 19-495.
SO VOTED UNANIMOUSLY.
8:25 P.M. Request for Certificate of Compliance, Emerson DEP SE 19-1079, 355 Mill Road, Map 11, Parcel 081.
Chairman Collins read a letter from David Lajoie of FELCO, Inc. requesting this Certificate of Compliance for construction of a single-family dwelling at the above address. In his letter, Mr. Lajoie listed some exceptions at the site. Deputy Merrill said that one thing is that the planting was just done and they need to wait one or two growing seasons. She said the also need to extend the fence along the limit of work line and get rid of the in-ground irrigation system which was installed without permission.
Mr. Hoerle MOVED and Mr. Smith SECONDED the Motion to deny a Certificate of Compliance at this time.
SO VOTED UNANIMOUSLY.
8:30 P.M. Request for Certificate of Compliance, ER Keto LLC DEP SE 19-1137, 1150 Kingsbury Beach Road, Map 10, Parcel 331.
Chairman Collins read a letter from Mark McKenzie of East Cape Engineering, Inc. requesting this Certificate of Compliance. The Commissioners reviewed the approved plan and there was discussion about the sheeting sticking up past grade.
It was MOVED by Mr. Boelitz and SECONDED by Ms. Williams to continue the hearing on this request until Deputy Merrill has an opportunity to speak with the contractor about the sheeting.
SO VOTED UNANIMOUSLY.
Chairman Collins suggested that a definition of “No Mow” zone needs to be worked on. Deputy Merrill said she would work on some language for a condition.
There was discussion about the Frodel property on State Highway.
The Commissioners ratified Enforcement Orders for Lehr and Chad and an Administrative Review for VanKeuran.
There being no further business, Mr. Hoerle MOVED and Mr. Kelleher SECONDED the Motion to adjourn at approximately 9:30 P.M.
SO VOTED UNANIMOUSLY.
Respectfully Submitted,
Kay Stewart-Greeley,
Clerk
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