EASTHAM CONSERVATION COMMISSION
09 May 2006
MINUTES
PRESENT: Stephen Smith, David Hoerle, Glenn Collins, Marcel Boelitz, Don Intonti, Judith Williams.
STAFF PRESENT: Deputy Natural Resources Officer Katelyn Merrill, Conservation Clerk Kay Stewart-Greeley
ALSO PRESENT: Pavil Wilkinson of Wilkinson Design & Construction, Hank Skehan for Bayberry Beach Association, Tim Brady of East Cape Engineering, Inc., Sean Riley of Coastal Engineering Company, Inc., Sue Doucette, Loretta Intonti, Bob Prescott of MA Audubon.
Chairman Collins opened the meeting at 7:03 P.M.
Commissioner Smith MOVED approval of the Minutes of 28 March 2006 with one minor correction. Mr. Hoerle SECONDED the Motion.
THE VOTE WAS 5 IN FAVOR WITH MS. WILLIAMS ABSTAINING.
MOTION CARRIED.
Ms. Williams MOVED approval of the Minutes of 25 April 2006 and Mr. Hoerle SECONDED the Motion.
SO VOTED UNANIMOUSLY.
7:07 P.M. Request for Change in Plans, Baughman, DEP SE 19-1181, 300 Samoset Road, Map 14, Parcel 135.
Tim Brady of East Cape Engineering, Inc. was present for the applicant. The Commissioners had met at the site to review the staking and change in plans for this property. Mr. Brady said that there are a lot of little landscape areas and quite a bit of yard work to be done as well as replacing rotted decks and reconditioning the building.
Deputy Merrill said that an area of concern is the slope down the bank which will need to be planted so she would like a list of what species will be planted there. Mr. Brady made a note on the plan that the re-planted materials would be reviewed with the Conservation Agent prior to installation.
Discussion followed regarding irrigation and Mr. Boelitz told Mr. Brady that the Commission has been opposed to irrigation systems because they promote opportunities for the use of fertilizers and the installation of lawns. Mr. Hoerle commented that plants at the site should only be ones which can survive naturally. Mr. Brady made a note on the plan that no underground irrigation system shall be installed.
Ms. Williams reviewed the increase in square footage. Mr. Brady said the screen porch will be over an area which is stones and fountains and all of that would be removed.
Mr. Hoerle MOVED to approve the plan dated 3/17/06 with shed revision dated 5/8/06. Ms. Williams SECONDED the Motion.
SO VOTED UNANIMOUSLY.
7:20 P.M. Notice of Intent filed by Hank Skehan for Bayberry Beach Association, opposite Spooner Road at Shurtleff Road, Map 07.
Chairman Collins announced this hearing. Mr. Skehan was present for the association and explained to the Commission that the beach access stairs had existed since a 1986 Order of Conditions which had expired.
Deputy Merrill said that the stairway will be replaced in kind and right now the area is a hazard.
Discussion followed about the lower posts and how many of them should be non-treated. Subsequently, Chairman Collins made a note on the plan that the bottom two posts shall be non-treated.
There was discussion about a walkway leading to the stairs and the Commission told Mr. Skehan that since such a walkway was not part of this application the association would need to file a request for an Amended Order of Conditions to address such a walkway.
There were no further questions or comments an Chairman Collins closed this hearing.
Mr. Boelitz MOVED approval with Order of Conditions 1-18, 19, 21, 22, 27 the two bottom posts, 28, 30, 33, 37. Mr. Hoerle SECONDED the Motion.
SO VOTED UNANIMOUSLY.
7:37 P.M. Notice of Intent filed by Pavil Wilkinson, 450 State Highway, Map 21, Parcel 80A.
Chairman Collins announced this hearing. Pavil Wilkinson of Wilkinson Design & Construction was present for the owners of this property, Kathy & Dennis Bunnell. Mr. Wilkinson told the Commissioners that the proposal is to excavate soil, seal a foundation which has moisture coming through to a sleeping area, and then replace the soil. He said the only plant in the area is an overgrown Forsythia. He said they will be using a foundation sealer called “Seal Tight”.
Deputy Merrill said she sees no problem with this and considers it ordinary maintenance of a single-family dwelling.
There were no questions or comments and Ms. Williams MOVED approval with Order of Conditions 1-18, 19, 21, 22, 23, 28, 37. Mr. Hoerle SECONDED the Motion.
SO VOTED UNANIMOUSLY.
7:45 P.M. Notice of Intent filed by Scott D. Chad, 758 State Highway, Map 21, Parcel 063.
Chairman Collins announced this hearing. Sean Riley of Coastal Engineering Company, Inc., was present for Mr. Chad. Commissioner Intonti recused himself from this hearing.
Mr. Riley told the Commission that it is Mr. Chad’s intention to construct a permeable, paver driveway and patio and a three-foot high fence along his exclusive-use area. He said the area is currently maintained lawn and the material will be removed and replaced with a fresh stone base. He said that the driveway base will provide runoff storage and he thinks this project should be a benefit to the area as the existing lawn will be removed along with any fertilizer. He said the amount of fill is approximately two feet underneath the patio and based on the size of Nauset Inlet, the amount of flood storage which this will be taking out of Town Cove is insignificant.
Deputy Merrill said this site is a Bordering Land subject to Coastal Storm Flowage and for the most part provides some flood capacity for the area. She said this project is not going to threaten the flood capacity; however, the applicant is requesting to develop his entire use area without mitigation. She said there is a lot of use without giving anything back and she thinks there should be some type of mitigation proposed for the area.
Mr. Hoerle commented that he hopes the lawn is not being fertilized. He asked what type of fill was to be used and Mr. Riley explained that it will be between ¾” and ½" stone and discussion followed about how it would be held in place. Mr. Hoerle said he agreed with Deputy Merrill about mitigation planting.
Mr. Boelitz said he cannot tell from the plan what Mr. Chad’s area is and what percentage of it is being developed. Mr. Riley explained the plan and said the applicant proposes to develop approximately 70% of his area. Mr. Boelitz said it appears to be more like 85%. He said that the Conservation Commission is charged to protect the Buffer Zone and the project needs to be justified.
Mr. Riley responded that the Wetland Regulations say that if you are removing lawn area to replace it with another use, such as a patio, you do not even have to filed. Mr. Boelitz said they have to justify that this will be an appropriate use.
Mr. Smith inquired about the width of the driveway and Mr. Riley said it is about ten to twelve feet wide at the driveway inlet. Mr. Smith said this is a three-car driveway and he thinks they could tighten it up and decrease the length. He said twenty square feet could be knocked off the corner and all of the driveway behind the terrace could be removed.
Ms. Williams spoke about the increase in square footage and that the goal of the Commission is not to say that since there is nothing there now it’s OK to leave it that way, but to try to create some type of habitat. She said she thinks this proposal is over use.
Chairman Collins said he agreed with everything that the other Commissioners had said and that he doesn’t think the Commission has previously allowed the filling of an area subject to flooding.
Deputy Merrill said that the site was obviously built up to build on and there is pooling on the right side. She said she thinks that side needs to be worked on and thinks there is room for negotiation on this proposal.
At this time Chairman Collins entered into the record emails from Alan and Jill Segal, of the Shore Gardens Condominium Association, stating that the condominium association voted by a large majority to refuse permission to Mr. Chad to make any changes whatsoever to his property. (See attached).
Mr. Boelitz asked for comments from each Commissioner and said that he thinks the applicant should omit the back paver patio and request a modest deck off the front door, a modest driveway to park one car, and provide some restoration.
Mr. Smith said he doesn’t see why the applicant needs that much patio which is bigger than the house. He said there is just too much there.
Mr. Collins said he has the same comments. He said that apparently there was a previous issue with water being pumped from this house out towards Town Cove and he thinks that needs to be investigated because it is illegal.
Mr. Collins said there are issues with DEP with the water system there and his is a
re-filing. Mr. Hoerle said he thinks that Mr. Riley needs to cover that base. Mr. Collins said that he thinks Mr. Riley should be aware of it and the Conservation Commission needs to file an Enforcement Order.
Mr. Riley requested a continuance of this hearing until the first meeting in June.
Sue Doucette and Loretta Intonti, members of the Shore Garden Condominium Association, were present and expressed their extreme displeasure with what Mr. Chad has done and proposes to do to the area. They told the Commission that all of the changes have been against the bylaws of their association and Mr. Chad continues to disrespect them without even informing them. They said they are concerned with the wildlife and the water and the effect it will have on all of them.
Dave Fleming, an abutter to the property, said he doesn’t think Mr. Chad’s latest proposal will help or hurt but that Mr. Chad has done illegal actions since he bought the piece of property and there is a trench that goes out into the wetland.
Chairman Collins closed this hearing and Mr. Hoerle MOVED to continue until 13 June. Mr. Smith SECONDED the Motion.
SO VOTED UNANIMOUSLY.
Commissioner Intonti returned to the hearing room.
8:25 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 an email from Mr. Driscoll requesting another continuance of this hearing. (See attached).
Deputy Merrill said this was the sixth continuation by request of the applicant. She said she thinks the Commission needs to go back to the very basics of the Notice of Intent request to nourish the scoured end of a return on a barrier beach at the applicants discretion. She said she thinks the Commission should act on his request and doesn’t see the need for another continuation. She said she thinks the applicant has had plenty of time to provide whatever documentation he thinks is needed.
Bob Prescott of MA Audubon spoke from the floor. He said that there are two piles of sand at the Harmes Way property on the west side. Deputy Merrill said that an Emergency Order was issued after the December 9th storm to add sand. Mr. Prescott said that from the Audubon perspective their actions hinge on what sort of Order of Conditions the Commission comes up with. He said that if the return is not kept covered the barrier beach will fail and the sea will flow over the beach into the salt marsh.
Ms. Williams suggested asking Jim O’Connell of WHOI what he thinks is the best way to go forward.
Chairman Collins closed this hearing. Mr. Hoerle MOVED to deny the applicant’s request for a continuation and Mr. Intonti SECONDED the Motion.
SO VOTED UNANIMOUSLY.
Subsequently, Mr. Hoerle MOVED to issue an Order of Conditions for this project within thirty (30) days and Mr. Smith SECONDED the Motion.
SO VOTED UNANIMOUSLY.
Deputy Merrill presented the Commissioners with copies of “draft” Addenda changes and asked them to take them home and review them before the next meeting.
Deputy Merrill presented the Steinbauer proposal for an outside shower to the Commission as a possible Administrative Review, but did not recommend the project move forward because of the proximity to the resource and the slope of the bank on which the shower was proposed.
The Commissioners reviewed the photos of the site and subsequently, Mr. Intonti MOVED and Mr. Hoerle SECONDED the Motion that a Notice of Intent application be filed for this proposal.
SO VOTED UNANIMOUSLY.
There being no further business, Mr. Smith MOVED and Ms. Williams SECONDED the Motion to adjourn at approximately 9:00 P.M.
SO VOTED UNANIMOUSLY.
Respectfully Submitted,
Kay Stewart-Greeley,
Clerk
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