EASTHAM CONSERVATION COMMISSION
23 May 2006
MINUTES
PRESENT: Stephen Smith, David Hoerle, Glenn Collins, Marcel Boelitz, Don Intonti, Judith Williams, Terry Kelleher.
STAFF PRESENT: Deputy Natural Resources Officer Katelyn Merrill, Conservation Clerk Kay Stewart-Greeley
ALSO PRESENT: Robert E. Cleary, Nancy J. Cleary, Robert L. Paine, Russ Sandblom, Laura Schofield of Schofield Bros. of Cape Cod, John Ingwersen, Shirley Lotuff, James C. Bright, Stephanie Sequin of Ryder & Wilcox, Inc., Seth Wilkinson.
Chairman Collins opened the meeting at 7:03 P.M.
After a couple of minor corrections, Commissioner Hoerle MOVED approval of the Minutes of 9 May 2006 and Mr. Intonti SECONDED the Motion.
THE VOTE WAS 5 IN FAVOR WITH MR. KELLEHER ABSTAINING.
MOTION CARRIED.
7:07 P.M. Notice of Intent filed by Robert & Sheila Paine, 550 State Highway, Map 21, Parcel 076B.
Chairman Collins announced this hearing. Laura Schofield of Schofield Bros. of Cape Cod was present for the applicants. Mr. Paine was also present along with his architect John Ingwersen.
Ms. Schofield reviewed the plan showing two cottages and a garage with a paved driveway going across another lot at 550 State Highway. The site fronts on Town cove and the resources involved are the Salt Marsh, the Coastal Bank, Land Subject to Coastal Storm Flowage and the Top of the Coastal Bank. There is also a low spot which gets standing water to the south.
Ms. Schofield said that in addition to the two cottages there is also a lot of lawn area associated with them going right out to the top of the Coastal Bank. She said the cottages have existed since the 1940s/1950s and are served by cesspools. She said that the proposed project is for the cottages to be removed. She said the owner will make them available to whoever wants them and there will be an effort to salvage them. She said where the new house is proposed essentially follows the same line as the old cottages so that it will not be going any closer to the Top of the Coastal Bank and is right in the middle of what has already been developed. She said there is one clump of Cedar trees which is proposed to be removed as part of the project.
She said that a new driveway is proposed so that the subject lot has it’s own driveway and the existing driveway will be taken up and removed. She said clearing will be required to put the driveway in. She said there is an Eight Percent (8%) slope so they are proposing a paved driveway as there would be issues with water if it were a pervious driveway. She said there will be a berm to address the runoff with a leaching catch basin and another catch basin at the end toward the house.
Ms. Schofield went on to explain that the roof runoff will be collected into dry wells and they have proposed an area for gardening and lawn chairs, etc. She said the owner would like to designate the area with a low stone wall and a “No Mow” area along the Top of the Coastal Bank. She said that the well is already in the ground and the pump house is there it just needs to be connected.
Chairman Collins opened discussion to the Commissioners. Ms. Schofield showed photos of the site.
Mr. Hoerle said he appreciated their efforts on the driveway with the berm and catch basins etc., but as to the aspect of the paved driveway he asked if there are any grades of tar or macadam which are leachless products. Ms. Schofield said she wasn’t sure and pointed out to the Commission that Martha Ave., which is pervious, constantly needs hardener added and is an ongoing battle. She said that the benefit of being able to collect and treat the runoff from a paved driveway seems to make sense. Mr. Hoerle responded that because of the driveway pitch it would certainly be preferable if they can determine if there is a grade of macadam which has less leachable oil.
Deputy Merrill asked that since there is an existing driveway what the reasoning for another, steeper one right above the isolated wetland is. She said she thinks there is more room in this project to move around. Ms. Schofield responded that the reason for the proposed driveway is that the other property is going to be sold.
Chairman Collins commented that he thinks some kind of compromise could be made for a right of way. Mr. Paine said that many parties had looked at the property and they all wanted the existing driveway removed and they also wanted a walking easement to the water. He said they applied to the State and were granted a curb cut for the proposed driveway.
Deputy Merrill said that given the way the Conservation Commission looks at this plan she thinks the developed area needs to be more concentrated and things need to be moved around in order to see more area given back than is presently proposed. Ms. Schofield responded that there is not a lot of room to put the driveway and they have tried to hug the property line and make more of a vegetated buffer than is there right now.
Mr. Smith said he would like to see some alternatives. Ms Schofield responded that as far as the driveway is concerned, Mr. Paine would be amenable to concrete. She said that they need to do more testing at the site and they can submit calculated drainage amounts.
Mr. Smith suggested paving part of the driveway and then changing to permeable where the land flattens out. He said he thinks there is a good deal of area which would be amenable to gravel. He said he thinks there are a lot of options and he is asking the applicant to look into some/all of those. Ms. Schofield said they can definitely
re-evaluate that. She said they are worried about runoff and have acknowledged that with mitigation.
Mr. Intonti asked if there was trouble with the drainage presently and Ms. Schofield said there was some.
Chairman Collins suggested moving on from the driveway issue.
Mr. Boelitz said that the Town By-law says that an applicant needs to show the necessity of what they are doing and demonstrate that there are no alternatives. He said that in his view the Town By-law doesn’t really allow the applicant to do this project. Ms. Schofield responded that they are within the lot alternatives and Mr. Boelitz said he thinks they are taking a big piece of the Buffer Zone purely for economic gain. He said from his viewpoint he would not vote in favor of the proposal as it stands.
Ms. Williams requested a description of the proposed wall. Ms. Schofield described the erosion control barrier and the proposed low, landscaped wall to clearly delineate an exclusive yard use area from the Buffer Zone. She said that inside the wall would be a garden, patio and lawn area which are there now, but the low wall would be a firm, permanent barrier between yard use and the Top of the Bank.
Deputy Merrill said that the tree which fell at this site was huge and from a conservation perspective she doesn’t see that this area should be taken up by lawn.
Mr. Boelitz inquired about the footprint of the two cottages compared to the footprint of the proposed project. Mr. Schofield said the cottages are 815 sf. and 655 sf. respectively, the garage is 250 sf. and the driveway is 1,500 sf. totaling 3,220 sf. She said the footprint on just the proposed building is 3,455 sf.
Mr. Boelitz said the applicant proposes to more than double the present footprint. He said he is not opposed to taking down the cottages and building a house. He said the applicant has ample opportunity for a bigger house if a basement was constructed and a second floor, but he is not willing to approve a larger footprint and suggested that the house be moved back to at least the 50' Buffer line and leave a naturally vegetated 50' Buffer. Mr. Boelitz said that all that is of interest to the Conservation Commission is the Buffer Zone and keeping the first fifty feet natural and preserving it any way they can.
Deputy Merrill questioned why this house could not be pulled closer inland and asked the architect about the extension from the house to the garage. Mr. Ingwersen said the extension connection is a space with a utility room and mud room with closets since no basement is proposed.
Chairman Collins said he completely agrees that the house should be moved back. He said he thinks the septic area could be made narrower and the wall should also be pulled back. Also, he said that he thinks a landscape plan is absolutely needed with this proposal.
Mr. Hoerle asked if there was any way that the driveway could be snaked into the lot to avoid the removal of some of the trees. He said that he doesn’t like the grass so close to the water and would like to see the house moved back.
Mr. Kelleher said he agreed that the house should be moved back and that the wall is too close to the water.
Ms. Schofield requested a continuance until 27 June 2006. Mr. Hoerle MOVED and Mr. Kelleher SECONDED the Motion to continue this hearing until 27 June 2006.
SO VOTED UNANIMOUSLY.
8:00 P.M. Request for Determination of Applicability filed by Robert Cleary, 101 Dyer Prince Road, Map 19, Parcel 102.
Chairman Collins announced this hearing. Mr. Cleary was present and told the Commissioners that the “Electrobraid” fence would be used to corral a small horse or pony.
Deputy Merrill said the area is flat and is all developed grass area now and she doesn’t see how there will be any runoff into the marsh. Mr. Cleary said that most all of the horse “business” would be in the stall which would be cleaned daily. Ms. Williams noted that it would be preferred that any horse “business” be removed from the landscape daily. It was agreed that was in the best interest of the owners as well as the Commission.
Chairman Collins said he thinks the Clearys are terrific stewards of the property and he doesn’t have any problem with the proposal.
The hearing was closed and Mr. Hoerle MOVED a Negative Determination for
Reason #3 with Condition #28 regarding fertilizer and chemicals added. Mr. Boelitz SECONDED the Motion.
SO VOTED UNANIMOUSLY.
8:10 P.M. Notice of Intent filed by Maeve O’Marah, 315 Mill Road, Map 11, Parcel 079C.
Chairman Collins announced this hearing. James Bright was the applicant’s representative and gave a brief review. This property’s former owner had been issued an Order of Conditions to clear a path and a 45 sf. area for beach access. They had received a Certificate of Compliance and the new owners did not realize the regulations about clearing and cutting near the pond. They were issued an Enforcement Order because of unpermitted cutting.
Deputy Merrill said there were trees which fell from the 9 December storm which were removed and that is the reason there is a clearing.
Discussion followed about getting a fence drawn into the plan and a delineated “No Mow” zone. Mr. Hoerle asked if it makes sense to replant some young Willows because they absorb water. The Commissioners felt this was a good idea.
Mr. Bright requested a continuance until 13 June 2006. Mr. Hoerle MOVED to grant the request for a continuance and Mr. Kelleher SECONDED the Motion.
SO VOTED UNANIMOUSLY.
8:25 P.M. Request for Amended Order of Conditions, Donald & Ellen Cacciapaglia, DEP SE 19-1215, 70 Bayview Road, Map 19, Parcel 021.
Chairman Collins announced this hearing. Stephanie Sequin of Ryder & Wilcox, Inc. was present for the applicants. She reviewed for the Commissioners that the applicants were issued an Order of Conditions in November 2005, which may have been a little premature as they have since finalized the plans and the overall configuration. She said the basic difference is that they have added a deck on the front of the approved building footprint and the garage has moved from the northeasterly side to the westerly side. She said the foundation has not moved any closer to the resource area and they are requesting an Amended Order of Conditions for the revised footprint. She said that the new owner realizes that he is responsible for replanting trees which were removed illegally some time ago. She said the Limit of
Work remains exactly as approved.
Seth Wilkinson gave the Commission some ideas for stabilization of the area. His recommendation is to use Eastern Red Cedars as not a lot of trees can survive the area. He said he would recommend clustering them in the southwest corner. Deputy Merrill showed photos of the site. Mr. Wilkinson went on to say that it is impossible to replace this area with nursery purchased plants and the idea is to remove the vegetation, keep it alive, and when the job is finished re-plant the same community. He said if the driveway could be moved about five feet they could avoid the beach plum community. He said that everything should transplant well but if they should not survive the backup plan would be to replant with native species.
Ms. Williams commented on the lot next door with the planted berm and Mr. Wilkinson said they would like to keep this site natural.
Chairman Collins read a memo from Mary Burgess, Town Planner, telling the Commission that the Planning Board had granted the applicant a continuance to reduce the size of the house and “make the house less detrimental to the surrounding neighborhood” (Copy Attached).
There were no further comments and Chairman Collins closed this hearing. Mr. Hoerle MOVED to accept the new plan with the revised date of 5/22/06 as the plan of record. Mr. Kelleher SECONDED the Motion.
SO VOTED UNANIMOUSLY.
8:50 P.M. Issuance of Order of Conditions, David Driscoll, Harmes Way Realty Trust, 385 Harmes Way, Map 01, Parcel 112.
The Commissioners reviewed the draft Order of Conditions. Mr. Intonti MOVED to issue Order of Conditions 19, 21, 22, 25 as re-written, 28, 30, 35 as re-written, 37, 39. Mr. Smith SECONDED the Motion.
SO VOTED UNANIMOUSLY
9:10 P.M. Request for Change in Plans, Michael Griffen & Michael Groman, DEP SE 19-1123, 135 Harmes Way, Map 01, Parcel 102.
Chairman Collins read a letter from John Dash, Vice President of Coastal Land Design explaining that the applicants would like to add landscape timbers to contain the stone driveway at the above location.
After brief discussion Mr. Hoerle MOVED and Mr. Kelleher SECONDED the Motion to approve the addition of landscape timbers to contain the driveway.
SO VOTED UNANIMOUSLY.
9:15 P.M. Enforcement Order, Land Cape Inc., DEP SE 19-1120, 90 Blueberry Drive, Map 21, Parcel 044/045.
In response to an Enforcement Order to remove an underground irrigation system at the above address, Chairman Collins read a letter from John Dash, Vice President of Coastal Land Design submitting a solution for the removal and permanent disabling of the irrigation system. He explained that digging required to remove all of the pipe would severely damage the existing landscape and the proposal is to remove all integral components of the irrigation system, specifically the valves, vacuum breaker, wiring, clock and all pipe junctions. All sixty-four heads will be removed and by removing the heads the system will be so fragmented that re-connection would be extremely difficult.
Deputy Merrill explained to the Commissioners that she would rather not see any more disturbance at this site and thinks this is the best method for handling the situation.
Mr. Kelleher MOVED and Mr. Smith SECONDED the Motion to allow the disabling of the irrigation system per the method outlined in Mr. Dash’s letter.
SO VOTED UNANIMOUSLY.
There being no further business, Mr. Kelleher MOVED and Mr. Intonti SECONDED the Motion to adjourn at approximately 9:30 P.M.
SO VOTED UNANIMOUSLY.
Respectfully Submitted,
Kay Stewart-Greeley,
Clerk
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