EASTHAM CONSERVATION COMMISSION
11 July 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: Janet Kirchner, Joseph Morcaldi, Stephanie Sequin of Ryder & Wilcox, Inc., Ian Drake, Stan Humphries of LEC Environmental Consultants, Inc., Anne Pascone, David B. Lajoie of FELCO, Inc., David Palten, Attorney Benjamin Zehnder.
Chairman Collins opened the meeting at 7:07 P.M.
Request for Certificate of Compliance, Misty Hill Landscape Design, Ltd., DEP
SE 19-791, Brainerd, 4 Rabbit Run, Map 15, Parcel 095E.
Chairman Collins read a letter from Shawn E. Shea, President of Misty Hill Landscape Design, Ltd. requesting this Certificate be issued for work at the above site. An Amended Order had been issued in February 1998 for ongoing pruning for maintenance of vista and Mr. Shea requested that this condition be ongoing.
After brief discussion Mr. Intonti MOVED and Mr. Kelleher SECONDED the Motion to issue a Certificate of Compliance for DEP SE 19-791 with an ongoing condition that ongoing pruning is allowed to maintain the existing vista.
SO VOTED UNANIMOUSLY.
Commissioner Williams recused herself for the next hearing.
7:15 P.M. Request for Determination of Applicability filed by George & Janet Kirchner, 25 Cranberry Road, Map 18, Parcel 039.
Chairman Collins announced this hearing. Stephanie Sequin of Ryder & Wilcox, Inc. was present as the applicants’ representative. Mrs. Kirchner was also present.
Ms. Sequin explained that this proposal is for the voluntary upgrade of an existing septic system. She said that the leaching area is out of the 100' Buffer and the only work within the 100' Buffer will be trenching for the main. She said the existing well will remain but they have shown a future well location in the event that it is needed. She said the new well location will require Variances from the Board of Health regulations.
Deputy Merrill said the area is a gravel driveway so any runoff would be caught. She said she doesn’t see any type of impact whatsoever and septic upgrades are a good thing.
There was no further discussion and Mr. Kelleher MOVED a Negative Determination for Reason #3. Mr. Intonti SECONDED the Motion.
SO VOTED UNANIMOUSLY.
Deputy Merrill presented an Administrative Review for an 8'x10' shed on the Cranberry Cottages property. She said she doesn’t see any issue with the proposal and the Administrative Review was ratified.
Request for Change in Plans, Ian Drake, DEP SE 19-1166, 25 Smith Heights Way, Map 18, Parcel 058.
Deputy Merrill reviewed the background of this filing and the proposed Landscape and Maintenance Plan submitted by Mr. Drake. She said the resource in this case is a small Isolated Fresh Wetland. She showed photos of the site.
Mr. Drake said that the use of grass on the property is partially located within the 100' Buffer Zone and the amount called for in his plan was not predicted (or desired) during the earlier planning stages for his lot. He said it will only be seeded in the areas to the west and south of the house where no vegetation currently exits due to excavation.
Mr. Drake went on to say that after consultation with several local landscapers they propose hydro-seeding which allows for a controlled amount of fertilizer to be added to the mix. Mr. Hoerle suggested that if Mr. Drake is not concerned about having a
mono-cultured lawn he could ask the landscaper for a batch of Clover in the mix. He said that Clover is a nitrogen fixer which encourages lawn outside of it’s own growth. Mr. Drake said that would be fine with him. He said he doesn’t mean to push the proposed irrigation system but although they are working toward moving here full time they can only be here on weekends at this time and he’s worried about dryness. He said he would only be looking to use the irrigation in the most limited of circumstances and that he could put a rain gauge and timer on it.
Chairman Collins said that he thinks the applicant has done a terrific job on the property and thinks the Conservation Commission needs to look individually at each proposal for an irrigation system. He said that the resource here is a small isolated wetland and on this particular project he would agree that a limited irrigation system would be OK.
Mr. Hoerle said that Clover requires much less watering and will be a much hardier ground cover, especially when Mr. Drake is not around. Ms. Williams said she doesn’t think the Conservation Commission should encourage the installation of irrigation systems. She said she likes Mr. Hoerle’s idea of the Clover, but will not vote for approval of an irrigation system.
Discussion continued and Mr. Intonti said he agrees with the Clover idea but not with the irrigation system. Deputy Merrill said that Mr. Drake could also get a Conservation Mix seed. Mr. Kelleher said he agreed with the group and Mr. Smith said he would go along with a small irrigation system with a timer setup with a soil meter and rain gauge.
There was no further discussion and Mr. Hoerle MOVED to approve the Landscape Plan with no irrigation system. Ms. Williams SECONDED the Motion.
SO VOTED UNANIMOUSLY.
7:45 P.M. Notice of Intent filed by Russel & Darlene DeRemer, 125 Shurtleff Road, Map 10, Parcel 238.
Chairman Collins announced this hearing. David Lajoie of FELCO, Inc. was present to represent the applicants. He explained that part of the work was already done as the contractor had received a permit from the Building Inspector for the foundation and then it was realized that the project needed Conservation Commission approval. He said they cleaned everything up and stabilized the area. He explained the plans to the Commissioners and said that all the work is on the landward side of the house toward the road and no work will be done on the side of the house toward the Coastal Bank.
Deputy Merrill showed photos of the site and said she has no problems with it. She said she sees no impacts.
Mr. Smith inquired about three tree branches that are suffocated by some vine and intruding into the work place. It was agreed that these could be removed.
Ms. Williams said the owners of this property should be commended for the way they have taken care of it.
There was brief discussion about the process of obtaining a Building Permit, after which Mr. Hoerle MOVED approval with Order of Conditions 1-19, 21, 22, 23, 24, 25, 28, 42 removal of the pine tree branches is approved. Mr. Smith SECONDED the Motion.
SO VOTED UNANIMOUSLY.
8:58 P.M. Request for an Amended Order of Conditions filed by David Palten, DEP SE 19-1188, 3 Bayberry Lane, Map 13, Parcel 144.
Chairman Collins announced this hearing. David Lajoie of FELCO, Inc. was present for the applicant who was also present along with his Attorney Benjamin Zehnder. The originally approved plan for this Order was presented and Attorney Zehnder said that at the point when the building was renovated there was no proposal to have the irrigated lawn with shrubs on the southerly side of the property.
Attorney Zehnder said that Mr. Palten thought he was doing what he was allowed to do and would like to maintain the irrigation system but will organically condition the use in this area.
Deputy Merrill said the initial request for a Certificate of Compliance was denied because of the irrigation system and then an Enforcement Order was issued because of the use of chemicals and fertilizers. She said that this is the problem with irrigation systems that they promote the use of chemicals and fertilizers and from her perspective there should be no chemical application whatsoever on this property.
Chairman Collins said there is no grass shown on the plan which was approved. Mr. Hoerle said he thinks that one of the best things the Conservation Commission can do is to protect the groundwater. He said that every time a chemical or fertilizer is put down they are adding to the pollution of the groundwater. He said in this particular case he would like to see the irrigation system eliminated and overdress the lawn with some peat moss and seed with some Clover in it and let it become a natural lawn so it doesn’t have to be watered and tended etc. and it will be more that a mono-culture. Again, he said, Clover is a nitrogen fixer.
Ms. Williams said she was disappointed to see the property when they have been trying to get people to see that a natural setting is more beneficial.
Mr. Intonti said there is no grass or irrigation system on the approved plan and as far as he is concerned it has to be removed.
Mr. Palten said he objects because he instructed the builder and the landscaper to work with the Conservation Commission and they said that the Conservation Commission wanted some grass. He said he apologizes for the use of pesticides as he did not authorize it and has told the workmen not to apply fertilizer.
There was discussion about notes on the plan and Deputy Merrill suggested moving forward and not pointing fingers. Chairman Collins told them that the Conservation Commission was there to work with them. He asked what they are willing to do so that the Commission can decide if that meets what they want. Mr. Hoerle suggested taking another two weeks and coming back with some suggestions.
Mr. Palten said he personally would rather not pull out the irrigation system and as far as the use of pesticides or fertilizer that has been stopped.
Mr. Hoerle said the reason for his concern is that Mr. Palten may not own the property in the future and the next owner may feel they have a right to revert to pesticide and fertilizer use which is encouraged by an irrigation system. He said that having an irrigation system in the Buffer Zone is his concern.
Attorney Zehnder said Mr. Palten is not here full time and there could be a program for the irrigation system. Mr. Hoerle replied that the fact that Mr. Palten has planted things which require maintenance and constant watering to survive is not the best use of the property.
Chairman Collins said if one takes a look at the Palten property and the properties to the north and south of his, one can see the difference in the vegetation. He said he doesn’t think it makes any sense to promote a lawn-type situation in a dune area.
The applicant and his attorney and engineer requested some time to confer.
When they returned Mr. Lajoie requested a continuance until the meeting of 25 July. Mr. Hoerle MOVED to grant this continuance and Mr. Kelleher SECONDED the Motion.
SO VOTED UNANIMOUSLY.
8:27 P.M. Continuation of Hearing on Notice of Intent filed by Gregg Healey, 365 Harmes Way, Map 01, Parcel 111.
Chairman Collins announced this hearing and read a letter from Tim Brady of East Cape Engineering, Inc. requesting a continuance until 22 August. Mr. Hoerle MOVED and Mr. Kelleher SECONDED the Motion to continue this hearing until 22 August 2006.
SO VOTED UNANIMOUSLY.
8:28 P.M. Continuation of Hearing on Notice of Intent filed by Ellen Camhi, 40 Bay Shore Lane, Map 13, Parcel 136F and 141R.
Chairman Collins announced this hearing. Stan Humphries of LEC Environmental Consultants, Inc. was present for the applicant. Anne Pascone, an abutter, was also present. Mr. Humphries presented some supplemental information describing the project. He also presented photos of two similar projects and an Order of Conditions issued by the Nantucket Conservation Commission which addresses the use of sand and the anchoring of the posts.
Deputy Merrill said she spoke with the Nantucket Conservation Agent and Jim O’Connell of WHOI and she said Mr. O’Connell thinks this project is triable. She said she doesn’t see any negative impact but doesn’t know if it will work.
Ms. Pascone, the abutter, said that she is next to this site and on the other side of her is a rock revetment and asked what will happen to her land.
There was discussion about just how the posts work, the failure rate of this application and how they are replaced. Mr. Humphries said that failures which have occurred have happened so quickly that the bags do not even break down.
Mr. Humphries assured Chairman Collins that the second sand-drift fence would be aligned with one on the adjacent property.
There was some discussion with the abutter about her property and everyone agreed that this proposal could be approved.
Mr. Intonti MOVED to approve this proposal and Mr. Kelleher SECONDED the Motion. Deputy Merrill said she would draft an Order of Conditions to be finalized at the next meeting.
SO VOTED UNANIMOUSLY.
Deputy Merrill told the Commissioners that DEP had issued a Superceding Order of Conditions for the Eastham Ocean Beach stairway which upholds the Conservation Commission Order of Conditions with the only difference being the approval of the use of pressure-treated wood.
There was some discussion about Conservation policies and regulations.
There being no further business, Mr. Kelleher MOVED and Mr. Smith SECONDED the Motion to adjourn at approximately 9:20 P.M.
SO VOTED UNANIMOUSLY.
Respectfully Submitted,
Kay Stewart-Greeley,
Clerk
cc: Town Administrator
Town Clerk
Board of Selectmen
Building & Health
Planning Board
Library
| 
