EASTHAM CONSERVATION COMMISSION
25 July 2006
MINUTES
PRESENT: Stephen Smith, David Hoerle, Glenn Collins, Judith Williams, Marcel Boelitz.
STAFF PRESENT: Deputy Natural Resources Officer Katelyn Merrill, Conservation Clerk Kay
Stewart-Greeley.
ALSO PRESENT: G. Rockwood Clark, Jill Segal, Sean Riley of Coastal Engineering Company, Inc., Scott Chad, Joseph Morcaldi, Kimberly Wynja, Barbara Chad, Donald Chad.
Chairman Collins opened the meeting at 7:08 P.M.
The Minutes of 27 June 2006 were reviewed. Mr. Smith MOVED approval and Mr. Hoerle SECONDED the Motion.
SO VOTED UNANIMOUSLY.
The Minutes of 11 July 2006 were reviewed and Mr. Hoerle MOVED approval. Mr. Smith SECONDED the Motion.
THE VOTE WAS 4 IN FAVOR WITH MR. BOELITZ ABSTAINING.
MOTION CARRIED. MINUTES OF 11 JULY 2005 APPROVED.
Deputy Merrill reviewed the Order of Conditions for Ellen Camhi. Mr. Hoerle MOVED to approve the Order of Conditions and Mr. Smith SECONDED the Motion.
SO VOTED UNANIMOUSLY.
There was brief discussion about the Buffer Zone pamphlet that Deputy Merrill had distributed for the Commissioners’ review.
7:20 P.M. Request for Amended Order of Conditions filed by Robert L. &
Edie A. Lekites, DEP SE 19-1139, 20 Boat Meadow Way, Map 10, Parcel 013.
Chairman Collins announced this hearing. Landscaper Rocky Clark was present for the Lekites. He said he had met with Deputy Merrill at the site and explained the plan to the Commissioners. He said that he modeled the plan as an island bluff habitat similar to the Mixter property which can be seen from the site. He said it will have two functions, catching any runoff from the area near the house and buffering the house nicely and naturally.
Mr. Clark told the Commissioners that some of the plants he would like to install would be Chokecherry, Red Cedar, Scrub Pine, Bayberry and Clethra, which would improve the area. He said he would like to be able to lift the grade a little bit so that the island bluff concept works and for the first couple of years the Lekites would like to use a drip line that laces through the root system to make sure they survive. He said there would not be any disturbance to the woods beyond.
Deputy Merrill reviewed the history of this site which was approved a few years ago as the construction of a single-family dwelling and the landscaping was not addressed at that time. She said no conditions were included for the restriction of fertilizers etc. She said the Coastal Bank resource is about three hundred feet (300' ) away but it is about twenty feet (20') from the A.C.E.C. She said that was never mentioned at the previous meeting so there was a bit of an oversite on the part of the Conservation Commission at that time. She said that she thinks it is a great idea to mimic the terracing on the Mixter property and thinks that what they are proposing is a step in the right direction.
Mr. Boelitz commented that in his opinion, an amenable solution would be to install a fence at the Limit of Work line. Chairman Collins commented that he feels that this is almost a new Notice of Intent as the applicants have gone beyond the Limit of Work line which was established in the Order of Conditions. Mr. Boelitz said he wanted a low fence at the Limit of Work line and to let the area beyond grow back to a naturally vegetated area. He said there should not be any fertilizer application or mowing beyond the Limit of Work.
There was discussion about the Limit of Work. Commissioner Smith commented that the Limit of Work is established in the Order of Conditions which was issued previously and which is recorded against the deed for the property so there is some level of protection automatically. He said that he feels that something could be put along the Limit of Work line such as stones or flagstones.
Mr. Clark said he would rather establish the Limit of Work line with vegetation. Mr. Hoerle said that he would agree with the idea of a “living” fence to mark the Limit of Work , which in his opinion is much more preferable to installing fences.
Deputy Merrill said she feels the applicants are trying to do what the Conservation Commission is asking.
Ms. Williams had questions about the stakes and filling at the site. Deputy Merrill said the thought was to create a berm for any runoff from the lawn so there would be a little bit of a buffer. Mr. Clark said the berm would go up gently as he is trying to create a connection to the natural vegetation which is there and mimic the island vegetation off in the distance.
Mr. Hoerle said he does not have a problem as it is outside the A.C.E.C. and as long as they are talking about native vegetation. Mr. Boelitz disagreed. Chairman Collins said he thinks the proposal is mostly a good thing but he has a slight problem with the berm proposal.
Mr. Hoerle continued that it is his impression that they are not playing with a resource that is so tangential to water as to be a hazard of any sort in terms of physical alteration in order to create something aesthetic. He said he feels that the possibility of enhancing th property and enhancing the habitat with the addition of the berm is as positive as leaving it alone, so he thinks the two sides of the story balance each other out and cannot personally find any objection that is arguable.
Ms. Williams said she doesn’t want anything beyond the Limit of Work. She said the lawn has to go and she wants no use of fertilizers and no irrigation system. She said she doesn’t know that the berm is detrimental.
Mr. Smith had nothing to add and said he felt everything had been covered.
There were no further comments or questions and Chairman Collins closed this hearing. Mr. Hoerle MOVED to issue an Amended Order of Conditions with the addition of Condition #28, 42 a four foot
(4')-wide path can be maintained for access, 43 no permanent irrigation system is allowed; a temporary soaker hose is acceptable, the Landscape Plan revised July 25, 2006, signed and stamped by G. Rockwood Clark and Glenn Collins is approved, 45 the Natural Resources Office shall be notified when grading of the berm is complete, before it is planted. Mr. Smith SECONDED the Motion.
SO VOTED UNANIMOUSLY.
8:15 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, Inc., requesting that the Commission continue this hearing until 22 August 2006. Mr. Boelitz MOVED to continue and Mr. Hoerle SECONDED the Motion.
SO VOTED UNANIMOUSLY.
8:17 P.M. Continuation of Hearing on Notice of Intent filed Scott Chad, 758 State Highway, Map 21, Parcel 063.
Chairman Collins announced this hearing. Sean Riley of Coastal Engineering Co., Inc. was present along with the applicant. Mr. Riley said they are essentially working from the plan that was submitted previously. He said he thinks they have accommodated the Conservation Commission and asked the Commission to take a vote. Deputy Merrill said she thinks that at this point the applicant has done everything the Commission has requested.
Ms. Jill Segal, an abutter to the Chad property, spoke from the floor and expressed her concern that she would like some reassurance that there will be no runoff issues from Mr. Chad’s property.
Mr. Riley responded that they have taken into consideration the existing runoff patterns. He said that a lot of the cottages do not have runoff management. He said the patios will have two feet of crushed stone which will act as a dry well from the Chad building but he cannot do anything about other runoff patterns. He said the applicant is also adding a Willow tree with a large root system which will take care of some of the runoff from the area. He said that everything they are proposing addresses runoff.
Mr. Hoerle commented that he is grateful that this hearing was coming to a close. He said he appreciates the applicant listening to the Conservation and that whatever they can add in the future in the way of vegetation will help the water problem. Deputy Merrill suggested that it might be a good idea for the Association to consider vegetating some of the common areas to help mitigate an capture some of the water.
Ms. Williams said she was standing where she was before and doesn’t think anything needs to be closer to the Cove and thinks that the road will swerve out farther than it is now.
Mr. Boelitz said he wants a buffered coast line and the applicant doesn’t really have anything to trade. He said that as far as he is concerned he doesn’t feel that the Town is getting what it wants so he is not going to vote for the project.
Barbara Chad spoke from the floor to say that Scott, her son, would not do anything to harm the environment and doesn’t think that anything that he proposes will harm the area. Mr. Boelitz said it is nothing personal but he cannot vote for it.
Mr. Smith said that given the fact that the building is pre-existing he thinks this is about as good as it can get. He said he feels that development and construction would be of benefit in this situation. He said the plantings and the increased “No Mow” zone are mitigation for a very small square footage of property which is making the best out of a bad situation.
Chairman Collins said he thinks that the Conservation Commission has tried to work with the applicant and thinks they need to move on. He said he thinks the applicant has made a good try at giving something back and thinks it is a step in the right direction.
There were no further comments and Chairman Collins closed this hearing.
Mr. Hoerle MOVED approval with Order of Conditions 1-19, 21, 22, 23, 24, 25, 28, 29, 37, 40. Mr. Smith SECONDED the Motion.
THE VOTE WAS 3 IN FAVOR WITH MR. BOELITZ AND MS. WILLIAMS OPPOSED.
MOTION CARRIED
Deputy Merrill presented an Administrative Review for 390 State Highway for some vista pruning which had been approved under a previous Order of Conditions. She said that the applicant will be filing a Notice of Intent for the property in the future and will include vista pruning but right now they are just seeking to do the pruning allowed by the previously-approved Order of Conditions. Chairman Collins ratified the Administrative Review.
8:45 P.M. Review of Addenda to Standard Order of Condition.
The Commissioners reviewed the “draft” revision of the Addenda. They decided the following:
Condition # Action
19 OK
20 Delete
21 OK
22 OK. Add language “stamped & signed” approved plan
23 OK with added specific language
24 OK with added language “or other approved stormwater management
25 OK with added language “or similar approved substance, “blue stone dust” and impervious material not allowed
26 Delete
27 OK with added language that all specified timbers shall not be treated etc.
28 Change heading to Landscape Restrictions. Remove exceptions for poison ivy sentence
29 Delete
30 OK
31 & 32 Put together in one condition
33 Take out beach grass etc and add additional language
34 OK
35 OK, determined instead of decided, with formula and (annually between 9/15 and 4/15)
36 OK
37 OK
38 Incorporate into 41
39 Spell it out
40 OK
41 Add 38 as F
42 Work out language
There being no further business, Mr. Smith MOVED and Mr. Hoerle SECONDED the Motion to adjourn at approximately 9:45 P.M.
SO VOTED UNANIMOUSLY.
Respectfully Submitted,
Kay Stewart-Greeley,
Clerk
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