EASTHAM CONSERVATION COMMISSION
27 June 2006
MINUTES
PRESENT: Stephen Smith, Marcel Boelitz, David Hoerle, Glenn Collins, Don Intonti, Judith Williams.
STAFF PRESENT: Deputy Natural Resources Officer Katelyn Merrill, Conservation Clerk Kay Stewart-Greeley.
ALSO PRESENT: Chris Wickson of East Cape Engineering, Inc., Bob Bylaska, Ginny vanKeuran, Carol E. Feldmann, Anna C. Annunziata, Mary Jane Samuel, Sean Riley of Coastal Engineering Co., Inc., Attorney Jack McCormack, Scott Chad, Barbara Chad, Donald Chad, William Martin, Stephanie Martin.
Chairman Collins opened the meeting at 7:00 P.M.
After some corrections from Chairman Collins, Mr. Hoerle MOVED approval of the Minutes of
13 June 2006 and Mr. Intonti SECONDED the Motion.
THE VOTE WAS 5 IN FAVOR WITH MR. BOELITZ ABSTAINING.
7:08 P.M. Request for Certificate of Compliance, Land Cape, Inc., DEP SE 19-1120, 90 Blueberry Drive, Map 21, Parcel 044/045.
Deputy Merrill reviewed for the Commissioners that an Amended Order had been approved a while back for everything except the irrigation system and that has been removed so that what is at the site now is what is on the approved plan and it is in compliance.
Mr. Intonti MOVED to issue a Certificate of Compliance for DEP SE 19-1120 and Mr. Hoerle SECONDED the Motion.
SO VOTED UNANIMOUSLY.
Chairman Collins mentioned that he doesn’t think it looks as if the fence at the Frodel property at 1800 State Highway was installed where it was supposed to be installed and Deputy Merrill said she will take a look at it.
Deputy Merrill explained the Administrative Reviews to the Commissioners and Chairman Collins ratified them. One was on Homestead Road for the removal of a dead tree and the other was for the Town for the installation of a new catch basin at Thumpertown Beach parking lot.
7:15 P.M. Notice of Intent filed by John & Virginia vanKeuran, 130 Alston Avenue, Map 12, Parcel 283.
Chairman Collins announced this hearing for the removal of two existing cottages and the construction of a new house at the above address. Chris Wixon of East Cape Engineering, Inc. was representing the applicant. Mrs. Van Keuran was in the audience.
Mr. Wixon told the Commissioners that the two existing dwellings will both be removed and a shed on the property will be re-located. He said there are four bedrooms in the existing buildings and the new house will only have three bedrooms. He said the new dwelling will be in a much better location but will also require the installation of a new well and septic. He submitted a revised plan showing what will be re-vegetated.
Deputy Merrill said this project will be a plus for the health of the Buffer Zone and the resource. She said there is a tremendous amount of English Ivy on the property which will be removed. She said there are some drainage issues with runoff from Alston Avenue which have been addressed with the DPW. She said some trees will have to be removed but they are presently being strangled by invasives. She said she thinks it is important to re-establish the vegetation immediately and suggested a conservation seed mix of plants that will seed quickly. She said the applicants want to restore the site back to native surroundings and have shown nothing but care and concern for the environment.
Mr. Hoerle said that the fastest way to eradicate English Ivy is by pulling it out by hand; but, if there are some places which are particularly difficult he suggested putting down black plastic for up to a year to kill the roots.
Mr. Intonti inquired about the drainage problem and Ms. Merrill said it’s on the DPW’s list.
Ms. Williams expressed her concern about the removal of the trees and subsequent runoff and the importance of having vegetation in place. Deputy Merrill said she has concern with the loss of the canopy cover, but that everything is being strangled.
Ms. Williams asked if a landscaping plan was needed and Deputy Merrill said that the applicants are not proposing anything they have to maintain and want to re-vegetate naturally. She said this is not the typical landscape plan and thinks the re-vegetation note is applicable here.
Mr. Boelitz said he would like notes made on the plan for staked hay bale/silt fence at the limit of work, a delineated “No Mow” zone and a statement that there will be no lawn. Discussion followed about the “No Mow” zone and Mr. Wixon made the notes on the plan.
Chairman Collins asked about tightening up the limit of work after the existing buildings are removed and Mr. Wixon agreed and made a note on the plan. Mrs. van Keuran explained that the foundation is not very deep and doesn’t think there will be much excavation.
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 with the limit of work to be pulled back after excavation, 24, 25, 28, 29, 30, 33 in consultation with the Natural Resources Officer, 37, 38, 40. Ms. Williams SECONDED the Motion.
SO VOTED UNANIMOUSLY.
7:45 P.M. Continuation of Hearing on Notice of Intent filed by Robert & Sheila Paine, 550 State Highway, Map 21, Parcel 076B.
Chairman Collins announced this hearing and read a letter from Laura Schofield of Schofield Brothers of Cape Cod requesting a continuance until 25 July 2006. Mr. Boelitz MOVED and Mr. Hoerle SECONDED the Motion to continue.
SO VOTED UNANIMOUSLY.
7:47 P.M. Request for Certificate of Compliance, Sandler, DEP SE 19-1153, 385 Goody Hallet Road, Map 20, Parcel 033A.
Chairman Collins read a letter from Michelle Colletti, Project Manager of Coastal Land Design, requesting this Certificate.
Deputy Merrill said she had spoken with the homeowners about the plant inventory of some sixty-five plants, which are on the landscaping plan, are not present on the property. She said the owners are asking what the Conservation Commission would like from them to receive a Certificate of Compliance. She said there is Bearberry and Bayberry and Wintergreen which is doing great, but she said the Low Bush Blueberry were never planted. She said the homeowners are allowing native plants to creep in and the mulch has not slid into the resource She said the landscape goal was not attained and she suggests filling in the open area with Low Bush Blueberry plantings. She said that as a rule the Commission should avoid general plans like this one.
Mr. Collins asked if the need to come up with a certain number and Deputy Merrill said she thought not and to Mr. Smith’s question whether size needed to be stipulated she said it is already on the plan.
There was discussion about mulch. Mr. Hoerle said there are many different kinds of mulch with different gradations.
It was agreed that Deputy Merrill would make suggestions of what to plant in order to obtain a Certificate of Compliance.
At this time Mr. Intonti left the meeting.
8:00 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. Sean Riley from Coastal Engineering Co., Inc. was present for Mr. Chad who was also present along with his attorney, Jack McCormack.
Mr. Riley said he did not submit any revised plan and wanted to discuss a working plan and ask for a continuance. He showed a blown up photograph of the Chad property. He said the applicant is looking to extend the mitigation out to 750 sf. along the back side of the house which would take out a large portion of the lawn in the back of the lot and hopefully it will spread out in years to come. He said they eliminated the back paver patio and came up with a small area outside of the back door for trash receptacles and egress. He said the proposal began at 3,100 sf., the second proposal was 1,800 sf. and now they have reduced it to 720 sf. so it is less than one quarter of the original proposal.
He said that right now the low wet area is just saturated grass and not really serving any purpose. He said the area in back is as small as they could make it to service the back area. He said they tried to get this proposal reduced to satisfy the Conservation Commission’s request and thinks it is a pretty good proposal for mitigation and providing wildlife habitat which is not existing now.
Deputy Merrill said she thinks the applicant has done a lot to address the Commission’s concerns. She said that for the purpose of the flood area they have mitigated the runoff. She said she likes to stick with the regulations and what is applicable and appreciates that the applicant has made a 50% reduction and thinks they have done a good job of listening to the Conservation Commission.
Mr. Hoerle said he really appreciates the effort made in cutting the project down and just as a thought would like to suggest Willows for the wet area which will soak up that area a lot.
Mr. Smith asked about the back deck and Mr. Riley said it would rest on 2/4 sleepers so it will be pretty much of a step and a landing. Mr. Smith said he thinks this plan has gone in the right direction.
Mr. Boelitz said just looking at the project he sees that pretty much of the Buffer Zone is gone so he has a problem agreeing with it. He said he thinks the applicant has already been granted a great deal of privilege in developing the Buffer Zone and he would have trouble voting for this proposal. He said he would like to see natural vegetation all around the house.
Ms. Williams said the applicant did just the opposite of what she was hoping they would do. She said she doesn’t have a problem with the back deck but hoped they would remove the deck from the front as she really doesn’t want to see more in this area.
Mr. Riley responded that if this project does not take place the area will remain the way it is for however long and he thinks his client is making a decent swap for what he wants to do. Ms. Williams said she thinks it is too much use of an area the Conservation Commission is trying to get use out of.
Mr. Smith commented that this was a Locust grove which got taken down in Hurricane Bob. Chairman Collins said he thinks there is a lot more area on the lot where they could allow the Buffer to grow and asked if the applicant might allow more area to grow back. He said he thinks they are heading in the right direction.
There was no audience input.
Deputy Merrill said there are two areas to address here, the Buffer Zone of Town Cove and Isolated Land Subject to Coastal Flowage. She said that the project is located between the Fifty and One Hundred Foot area of the Buffer Zone. She said the project is a significant distance from Town Cove with a road in between but it is within the resource of the Flood Zone.
Mr. Hoerle offered the idea of moving the road to the back side of the house to relieve the 50-foot Buffer. This, of course, would require the approval of all the unit owners.
Chairman Collins said he agreed with Deputy Merrill in that it seemed that the applicant was willing to give something back and reminded the Commissioners that this Mr. Chad’s exclusive use area.
Discussion followed about runoff and Mr. Riley said it serves as a big benefit to take out an impervious area and put in stone.
Chairman Collins said he would like to focus on working with a plan and not getting hung up on percentages. He said he likes the way the plan is heading and thinks they can work with it.
A poll was taken and everyone said they were OK with the plan except for Mr. Boelitz and Ms. Williams who said they are still thinking about it.
Mr. Riley requested a continuance until 25 July 2006. Mr. Hoerle MOVED and Mr. Boelitz SECONDED the Motion to continue.
SO VOTED UNANIMOUSLY.
Some discussion regarding the Bylaw followed.
There being no further business, Ms. Williams MOVED and Mr. Hoerle SECONDED the Motion to adjourn at approximately 8:50 P.M.
SO VOTED UNANIMOUSLY.
Respectfully Submitted,
Kay Stewart-Greeley,
Clerk
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