EASTHAM CONSERVATION COMMISSION
13 June 2006
MINUTES
PRESENT: Stephen Smith, David Hoerle, Glenn Collins, Don Intonti, Judith Williams, Terry Kelleher.
STAFF PRESENT: Deputy Natural Resources Officer Katelyn Merrill, Conservation Clerk Kay Stewart-Greeley.
ALSO PRESENT: Margaret Lazarus, Renner Wunderlich, Bill Dahl, Sandi Dahl, Peter Coneen, Stan Humphries of LEC Environmental Consultants, Inc., Peter Markunas of Coastal Engineering Co., Inc., Sean Riley of Coastal Engineering Co., Inc., Attorney Jack McCormack, Scott Chad, Lindsay Strode.
Chairman Collins opened the meeting at 7:00 P.M.
With one addition , Commissioner Williams MOVED approval of the Minutes of 23 May 2006 and Mr. Kelleher SECONDED the Motion.
SO VOTED UNANIMOUSLY.
Ms. Williams told the Commissioners about the Water Advisory Board meeting which took place earlier in the day. She said that six ponds have been selected for more detailed evaluation. She said these ponds; Depot, Minister, Schoolhouse, Muddy, Great, and Herring Ponds are the most impacted by phosphorus and nitrogen.
Mr. Hoerle pointed out that at the recent meeting about Pleasant Bay the assertion was made that every water system on the Cape is interconnected.
Chairman Collins called the meeting to order at 7:10 P.M.
The Commissioners reviewed the request for a Certificate of Compliance from East Cape Engineering for DEP SE#1137, ER Keto LLC, 1150 Kingsbury Beach Road.
Deputy Merrill said she spoke with Tim Brady who explained that the footprint is the same but in order to keep the dune on the North side from collapsing, they left the wall
at the height which is above grade. Chairman Collins said he thinks it is a bad precedent to have sheet piling in the dune.
The Commissioners reviewed photos of the site and they all agreed to postpone action on this request until such time as the applicant requests approval of a change in plans or an Amended Order.
Mr. Hoerle MOVED this action and Mr. Kelleher SECONDED the Motion.
SO VOTED UNANIMOUSLY.
7:20 P.M. Notice of Intent filed by Renner Wunderlich & Margaret Lazarus, 285 Corliss Way, Map 21, Parcel 042.
Chairman Collins announced this hearing. Commissioner Williams recused herself.
Peter Coneen, the designer of the project, was present for the applicants who were in the audience. Mr. Coneen explained that the proposal was to remove an existing four bedroom dwelling and construct a new four-bedroom, single-family dwelling. He said the existing garage will remain. He said they feel they can do the project with a minimal amount of impact and as mitigation towards what is proposed they are proposing a fifteen foot “No Mow” area along the Northwest portion of the existing stone revetment.
Mr. Coneen said there a couple of large trees on the buffer side of the proposed construction site which will remain and the areas of vegetation along the driveway will remain intact. He said there will be minimal impact on the site, particularly in the Buffer Zone.
Mr. Coneen went on to say that there has been no fertilizing in this area. He said the project will also require a new septic system and they will not need any Variances for the septic work so there are no issues there.
Mr. Hoerle said he likes the fact that the leach field is set as far back on the property as it can be.
No sprinkler system is proposed.
Chairman Collins asked if the applicant would be willing to give a little bit more of a “No Mow” zone. He reviewed the plans with Mr. Coneen and agreed on an addition to the proposed “No Mow” zone.
There were no further questions and Chairman Collins closed this hearing. Mr. Hoerle MOVED approval with Order of Conditions 1-19, 21, 22, 23, 24, 28, 30, 31, 40. Mr. Smith SECONDED the Motion.
SO VOTED UNANIMOUSLY.
7:40 P.M. Notice of Intent filed by Greg Healey, 365 Harmes Way, Map 01, Parcel 111.
Chairman Collins announced this hearing. Tim Brady of East Cape Engineering, Inc. was present for the applicant. He said this proposal is to take down an existing house and build a new one on Harmes Way so there is a lot to talk about. He said the resources in play here are a Coastal dune, a Salt Marsh and Land Subject to Tidal Action. He said the proposal is to build the house on pilings and upgrade the septic system. He said that this site is a Barrier Beach and the areas for concern are the same as for a Coastal Dune. He said there are several different flood zones on the site. He said that on the bay side the velocity zone comes right up to the front of the house. He said that with the proposed house on pilings they have raised all of the structure higher than the highest
velocity zone. He said they will be displacing 100 cubic yards of flood storage in the area of the septic system.
Mr. Brady said that Coastal Dunes normally don’t like to have solid structures so there will be no foundation but there will be a 3'-high retaining wall around the leaching area. He said the alternative system is designed of stone and pipes and only the tanks are concrete. He said they have not yet received a letter from the Natural Heritage and Endangered Species Program.
He said the entire lot is in an A.C.E.C. regardless of elevation. He said the proposed shed will house a drinking water treatment system.
Deputy Merrill said she thinks this will ultimately come down to interpretation of the Town Wetland By-law and the 1988 A.C.E.C. 3. REGULATIONS, paragraph C. She said she does agree that in some ways the proposal is better than what is there, but thinks that the dune migration will be compromised and thinks that the driveway may create a preferential pathway for runoff into the Salt Marsh. Mr. Brady said that if the concern is runoff toward the marsh they can grade so it will not.
Deputy Merrill said that the site is such a moving location and they are still limiting where the dune can move to. She also said that she thinks the storage of utilities can be worked into the house.
Mr. Hoerle said he agreed with Deputy Merrill and that the utilities should be worked into the footprint of the house if at all possible. He inquired what type of lumber would be used for the pilings. Mr. Brady responded that they would be ACQ pressure treated. Chairman Collins said he thinks they should absolutely not be pressure treated and that should be looked into.
Ms. Williams said she would like to see an alternative plan with less of an increase in the square footage.
Mr. Intonti said he is concerned with the possible effect of the pilings and doesn’t know how many there will be and would like to get some idea of what the effect will be.
Mr. Kelleher agreed and said he would like to get at least a rough count of how many pilings there will be and a some idea on ACQ vs. pressure treated.
Mr. Smith inquired about the sets of stairs shown on the plan and whether water will be able to flow underneath them.
Chairman Collins said that in addition he thinks it is really important to consider the square footage and exactly what they need to get the utilities up above the flood zone. He asked Mr. Brady if they had considered a tight tank for the septic.
Mr. Brady said the proposed system meets DEP requirements and DEP would never allow a tight tank at the site.
Mr. Smith asked if this type of system is more susceptible to a storm such as the December 9th storm than a conventional system and Mr. Brady said they would be the same in terms of storm damage. He reminded the Commissioners that this property has a stone revetment so it should not erode back.
Chairman Collins commented that the limit of work shown on the plan is huge and whatever form this project takes the limit of work needs to be tightened up dramatically. He also said he thinks the well should be installed by hand. Mr. Brady said he will check with the installer. In reply to Chairman Collins question about beach access Mr. Brady said he thinks the may be a boardwalk and that the stone revetment is low so it is easily crossed. Mr. Collins also said that he thinks the utilities should absolutely get put into the house.
Ms. Williams said that she would like to see some landscaping plan before she signs any final plan.
Mr. Brady said that no reconstruction of this building would be allowed without upgrading the septic system. Mr. Brady said that the alternative treatment will lower the nitrogen.
Chairman Collins closed this hearing and Mr. Brady requested a continuance until July 11th. Ms. Williams MOVED and Mr. Kelleher SECONDED the Motion to continue this hearing until July 11, 2006.
SO VOTED UNANIMOUSLY.
8:20 P.M. Notice of Intent filed by Ellen Camhi, 40 Bay Shore Lane, Map 13, Parcel 136F and 141R.
Chairman Collins announced this hearing. Stan Humphries, Coastal Geologist, of LEC Environmental Consultants, Inc. was present for the applicant. He said the resources involved at the site are the Coastal Beach, Coastal Dune, Coastal Bank and Land Subject to Coastal Storm Flowage. He said that the site is actually two lots, one with one house which is pre-‘78 and one that is not. He said the proposal is to use Coir Biomat Netting which they have had some success with on Nantucket, lay it out, fill it with sand and tie it off. He said it will take approximately 45 cubic yards of material to fill 7 rows of Coir Biomat. He said they would then hope to vegetate with beach grass and maybe some shrubs at the higher elevations. He said the Coir Biomat has a life of somewhere between five and seven
years. He said that presently there is one line of zigzag sand fence on the property and they are proposing a second row. He said they would try to keep the first row of fencing covered from one year to the next.
Deputy Merrill told the Commissioners she and Mr. Humphries met a couple of weeks ago. She that this is somewhat of a new application under soft solutions and thinks that anything is better that a hard rock solution. She said the product is biodegradable and plants really well.
There was discussion about the product and Mr. Humphries said the company, NETCO, is very diligent in keeping the envelopes to the level they are supposed to be. He said that they have been working in the Sconset area for probably five years now. He said that they would replenish the sand with a chute but will also need a small bobcat.
Mr. Kelleher asked why they would go to the twenty foot elevation and Mr. Humphries said there would be no problem with reducing the height. Deputy Merrill said she thinks that the height in this case is for physical stabilization and it is also a terraced structure so she thinks it will break up the wave energy instead of reflecting it.
Mr. Intonti said he loves the innovation and asked if it could be monitored annually.
Mr. Hoerle said that most of the properties on the bay side have very little linear access to the beach and asked how the extremities of the property would be replenished with a chute from off the bank. Mr. Humphries said there is access from both sides of the property.
Deputy Merrill said she would like to see some sort of a repair protocol and Mr. Hoerle agreed. He said he would like some further input on logistical protocol and asked Mr. Humphries to bring some supporting information about this product. Deputy Merrill said she could do a draft Order of Conditions.
After Mr. Humphries requested a continuance, Chairman Collins closed this hearing and Mr. Kelleher MOVED to continue until 11 July 2006. Mr. Smith SECONDED the Motion.
SO VOTED UNANIMOUSLY.
8:45 P.M. Continuation of Hearing on Notice of Intent filed by Maeve O’Marah, 315 Mill Road, Map 11, Parcel 079C.
Chairman Collins announced this hearing. Jim Bright, for the applicant, submitted a revised plan showing the split-rail fencing and the proposed plantings in lieu of fencing.
He said the owner does not like the idea of having to put a fence around the mowed area and would like to plant something to delineate the area.
Deputy Merrill reviewed the plan and told the Commissioners that the owner was excited about the idea of planting Willlows in the area to absorb some of the water.
There were no further questions and Chairman Collins closed this hearing. Mr. Intonti MOVED approval with Order of Conditions 1-19, 21, 22, 28, 33, 42 there shall be a 90% survival rate after two growing seasons, 43 plantings shown on plan shall delineate “No Mow” zone, 44 path width shall not exceed two feet. Mr. Kelleher SECONDED the Motion.
SO VOTED UNANIMOUSLY.
8:55 P.M. Continuation of Hearing on Notice of Intent filed by Scott Chad, 758 State Highway, Map 21, Parcel 063.
Chairman Collins announced this hearing. Mr. Intonti recused himself. Peter Markunas of Coastal Engineering Company, Inc. was present for the applicant. Mr. Chad was also present for this hearing along with Sean Riley of Coastal, Attorney Jack McCormack, and Lindsay Strode of Cape Organics Landscaping.
Chairman Collins asked that comments regarding this proposal be kept to the point.
Mr. Markunas reviewed the proposal. He said the revised plan is a result of the Commissions concern for mitigation for the driveway and patio. He said the area is already developed as already lawn. He said that Mr. Chad only has the power to do anything within his exclusive use area and Lindsay Strode of Cape Organics was present to explain the landscape plan.
Mr. Markunas went on to say that the size of the driveway has been narrowed to one car. He said the have eliminated pavers and area just going to use graval and not dense process stone so that it will have leaching ability. He said the patio has been reduced from 1,894 square feet to 1,681 square feet. He said that the total paver area was reduced more that 51%. He said the 700 square feet of indigenous plants proposed around the area will be growing over time to near double that. He said the patio is designed to accept the rain runoff from the roof and will leach into the ground there. He said he thinks that Mr. Chad has made some good efforts.
Deputy Merrill asked about the proposed raised planters. Mr. Markunas said they are proposed along the driveway as there is a concern that unless there is some barrier separating the driveway from the plants, they will get run over. He said they are proposed to be 12-15" high so that they can’t be run over.
Mr. Hoerle commented about the choice of some of the plants and discussion followed with Mr. Strode about the choice.
Ms. Williams said she appreciates the driveway being made smaller but thinks the deck is too big. She said there is a lot going on in the area the Conservation Commission is trying to protect and she would like to see less going on.
Mr. Kelleher spoke about the gravel size and 3/4" native vs. 3/8" pea stone and the drainage capabilities.
Mr. Smith said he thinks it is “a lot” of deck and Chairman Collins said he has a real problem with filling land subject to flooding. He said if the applicant wants access to his property and wants to have some reasonable size deck he thinks that would fit the project, but he is proposing a raised patio in the Buffer Zone which is double the size of the house.
Mr. Markunas said there are no performance standards for Land Subject to Coastal Storm Flowage. Discussion followed about the regulations.
Chairman Collins said that the Conservation Commission has control over the 100' Buffer Zone and he thinks it is unreasonable to think that a patio twice as large as the house is reasonable. He asked why the applicant needs that much space for use in the Buffer Zone and why can’t it be some kind of raised deck which doesn’t require filling.
Discussion followed regarding the Buffer Zone and Attorney McCormack reminded the Commission that this was not a Zoning hearing. He said it is not incumbent upon the applicant to justify what he is doing in terms of use but whether or not what he’s proposal will have any adverse impact on the resource area. He said that what is proposed here will not cause any erosion or pollution.
Ms. Williams said the Conservation Commission is charged with reducing activity in the Buffer Zone. Attorney McCormack said he disagreed and the question is whether the proposal will adversely effect the resource areas and does it meet the performance standards.
Deputy Merrill said she thinks that on a State level this project could meeT the performance standards as is, but it doesn’t meet the local regulations. She said she thinks the applicant is willing to work with the Commission to find a meeting ground and asked the Commission what they want to see.
Chairman Collins said he thinks the patio is unreasonably large for the location. Mr. Hoerle suggested cutting the size of the patio in half and Ms. Williams agreed that was a good idea and she would also like the applicant to eliminate the deck towards the Cove. Mr. Kelleher said he didn’t like the idea of some kind of permanent fixed wall to contain the patios. Mr. Smith said he would like to see the total patio area kept to the square footage of the house at most and kind of likes the idea of a floating timber deck set up. He said a standard deck on chimney blocks with a pair of mushrooms to anchor it down might work and he understands why the owner wants to have decking on the front towards Town Cove.
Lindsay Strode said he thinks that the pavers can be in filled with stone and there will be water flowing into, around and underneath the wall. He said it is pervious laterally.
Chairman Collins called a stop to the discussion and said the Conservation Commission has an issue with the patio size and the project is not going to be permitted unless the patio size is reduced and read the relevant performance standards from 310 CMR.
Mr. Markunas requested a continuance until June 27th. Attorney McCormack said one of the things they will talk about is how much the patio can be reduced.
Chairman Collins closed this hearing. Mr. Hoerle MOVED and Mr. Kelleher SECONDED the Motion to continue this hearing until June 27, 2006.
SO VOTED UNANIMOUSLY.
10:07 P.M. Request for Certificate of Compliance, Lapham, DEP SE 19-1194, 435 Shurtleff Road, Map 07, Parcel 142A.
Deputy Merrill explained this request as this project was superceded by a new Order of Conditions. Ms. Williams MOVED and Mr. Kelleher SECONDED the Motion to grant a Certificate of Compliance for DEP SE 19-1194.
SO VOTED UNANIMOUSLY.
The Commission voted to approve the change in the work limit on the Cacciapaglia project on 70 Bayview Road, DEP SE 19-1215. Mr. Hoerle MOVED and Mr. Smith SECONDED the Motion.
SO VOTED UNANIMOUSLY.
Acting on a request from Anchor Marine, Inc., Ms Williams MOVED and Mr. Kelleher SECONDED the Motion to grant an Extension for Reade, DEP SE 19-967,
SO VOTED UNANIMOUSLY.
Ms. Williams MOVED and Mr. Smith SECONDED the Motion to approve the Enforcement Order issued to Frodel, 1800 State Highway, DEP SE 19-1199, for mowing beyond the established “No Mow” zone.
SO VOTED UNANIMOUSLY.
Mr. Kelleher MOVED and Mr. Hoerle SECONDED the Motion to approve the Enforcement Order issued to Palten, 3 Bayberry Lane, DEP SE 19-1085, for the installation of an underground irrigation system not on the approved plan.
SO VOTED UNANIMOUSLY.
Chairman Collins ratified Administrative Reviews for Selden, Kanjian and Russo.
Chairman Collins discussed developing a policy for Buffer Zone projects.
There being no further business, Mr. Hoerle MOVED and Mr. Smith SECONDED the Motion to adjourn at approximately 10:30 P.M.
SO VOTED UNANIMOUSLY.
Respectfully Submitted,
Kay Stewart-Greeley,
Clerk
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