EASTHAM CONSERVATION COMMISSION
22 August 2006
MINUTES
PRESENT: Glenn Collins, David Hoerle, Judith Williams, Marcel Boelitz.
STAFF PRESENT: Deputy Natural Resources Officer Katelyn Merrill, Conservation Clerk Kay Stewart-Greeley.
ALSO PRESENT: Jeffrey Martin Siddell, Thomas and Beth Cafro, Steve Paine, Russ Sandblom, Laura Schofield of Schofield Brothers of Cape Cod, Attorney William Riley, Tim Brady of East Cape Engineering, Inc., Seth Wilkinson of Wilkinson Ecological Design.
Chairman Collins opened the meeting at 7:00 P.M.
The Minutes of 25 July 2006 were reviewed. Mr. Hoerle MOVED approval with one correction and Ms. Williams SECONDED the Motion.
SO VOTED UNANIMOUSLY.
7:05 P.M. Request for Extension, Scott & Rubright, DEP SE 19-839, 49 Longstreet Lane, Map 10, Parcel 343.
Chairman Collins read a letter from Joanne Scott requesting an Extension. It was determined that the applicants are doing annual beach nourishment at the site.
Ms. Williams MOVED and Mr. Hoerle SECONDED the Motion to grant a 3-year Extension for Order of Conditions SE 19-839.
SO VOTED UNANIMOUSLY.
7:10 P.M. Request for Extension, Kelley(Schneider), DEP SE 19-1065, 8 Johanna Lane,
Map 21, Parcel 028E.
Chairman Collins read a letter from John S. Kelley requesting an Extension for this Order of Conditions. Mr. Kelley recently purchased this property from Mr. Schneider and needs additional time to construct a house at the site.
Mr. Hoerle MOVED and Ms. Williams SECONDED the Motion to grant an Extension for
DEP SE 19-1065.
SO VOTED UNANIMOUSLY.
7:15 P.M. Notice of Intent filed by Mary Ann Jones, 245 Harmes Way, Map 01, Parcel 106.
Chairman Collins announced this hearing. Tim Brady of East Cape Engineering, Inc. was present for the applicant and explained that this is a septic upgrade as the property is being sold. He said the proposal is for a septic tank and alternative treatment system centered between the two resource areas. He said it meets the requirement for separation from groundwater and meets all the Title 5 requirements but does not meet the requirements of the Board of Health regulations and will require a Variance. He said there will be no grading changes because of this work.
Deputy Merrill commented that any Title 5 upgrade is a good thing and stressed the necessity for revegetation at this site. She said the proposal is pretty straightforward.
Mr. Brady said it will not be elevated above the existing grade. Russ Sandblom spoke from the floor stating that he is the owner of the property to the south and asked Mr. Brady if there was any possibility of moving the leaching to the other side of the site. Mr. Brady said this is something which they can take a look at, but could not give Mr. Sandblom an immediate answer.
In answer to an inquiry from Mr. Hoerle, Mr. Brady said there is no kind of protective sleeve around the leaching field. He said if this was near a steep slope that could be a consideration but the leaching from the system will reach groundwater and go whichever way the groundwater is flowing so that it would not be appropriate in this case.
Chairman Collins said he thinks it’s a good fit for this property, not changing the grade or slope or anything, and he thinks it’s a step in the right direction.
There were no further questions or comments and Chairman Collins closed this hearing. Mr. Hoerle MOVED Hoerle approval with Order of Conditions 1-19, 20, 21, 22, 26, 27, 28, 29. Mr. Boelitz SECONDED the Motion.
SO VOTED UNANIMOUSLY.
7:30 P.M. Request for Amended Order of Conditions filed by Thomas Cafro, DEP
SE 19-1177, 13 Nycoma Way, Map 10, Parcel 237.
Chairman Collins announced this hearing. Tim Brady was the applicants’ representative for this hearing as well. Mr. and Mrs. Cafro were in the audience. Tim reviewed that the Cafros have previously been approved for the demolition of the existing dwelling and construction of a new dwelling landward of the existing one. He said the existing dwelling is going to be moved as closed to the road as possible.
He said the owners would like to amend the existing Order of Conditions to include a garage on the southeast corner or the property as close to the road as possible and as close to the house as allowed. He said that there is no re-grading anticipated. He said the back of the garage will be buried right into the grade which is there. He said the entire area will be revegetated similarly to what is there now and he doesn’t see this as having any more impact on the area than what has already been allowed.
Deputy Merrill said the site is not currently a migrating dune and is a heavily-vegetated, stabilized Coastal Dune. She said it is providing a lot of storm protection.
Mr. Hoerle commented that he felt a survival rate for vegetation should be included. Mr. Boelitz questioned the appropriateness of building a garage in a dune. He said the Conservation Commission is charged with protecting the environment and he does not feel it is appropriate to build a garage here. He said this site is a sand dune and a resource and he would vote no on this proposal.
Ms. Williams said this is a beach cottage and she appreciates that the owners intend to keep it as such and she thinks they clearly need some storage. She said that perhaps a two-car garage is not necessary, but in a practical sense they really do need storage.
Mr. Collins referred to a boat house in the same general area which was approved to be built on posts. He said he thinks the same thing should be done in this location and he completely agrees with regard to storage.
Mr. Hoerle said he really appreciates what Mr. Boelitz had to say. He said the Conservation Commission needs to be consistent and pointed out that the garage is close to half the size of the house.
Mr. Brady pointed out that the Conservation Commission did approve a foundation to be put under this house so it doesn’t really make a consistent argument to say that the garage should be on pilings and the house is not.
Mr. Boelitz said that the conventional wisdom is that sand dunes should not have any buildings on them that will affect the movement of sand and if you disturb the sand you are also killing the vegetation.
Mr. Cafro commented that the lot was originally approved for a 3,000 sf. house on a foundation.
Chairman Collins reviewed 310 CMR Sec.10.28 which states that permissible work is very limited in a dune.
Mr. Brady said he thinks the bottom line is if it is going to have an adverse impact on the dune and he doesn’t think that it will.
Mr. Hoerle said it is his opinion that wind sheer is a factor on any building that is on a dune area and wondered whether the Conservation Commission should consider the possibility of a full basement for storage.
Ms. Williams said she is not opposed to a shed on pilings. Deputy Merrill urged the Commission to work with the applicants and look toward sustainable development. She said she thinks that in this situation vehicles and such are going to be there and the resource is going to be used since it is already developed. It is important to make sure the resource is used with the least amount of impact.
Mr. Brady said that because of the shape of the land there is a dune they would like to cut into and if they are required to put the building on pilings they might have to cut into the dune even more. He said he would like to request a continuance of this hearing to have time to consult with the applicants about the plans.
Mr. Hoerle MOVED and Ms. Williams SECONDED the Motion to continue this hearing until
10 October 2006.
SO VOTED UNANIMOUSLY.
8:03 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. Mr. Brady was the applicant’s representative and requested a continuation until 10 October 2006.
Ms. Williams asked Deputy Merrill if the Commission could ask Jim O’Connell of WHOI to give them an opinion on this proposal. Chairman Collins agreed that he thought that was a terrific idea.
Presently, Ms. Williams MOVED and Mr. Boelitz SECONDED the Motion to continue this hearing until 10 October 2006.
SO VOTED UNANIMOUSLY.
8:07 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. The applicants’ attorney, William Riley, was present along with Laura Schofield, their engineer and Seth Wilkinson, their consultant. Mr. Paine was in the audience.
Ms. Schofield told the Commission that since the last meeting they made some revisions to the plan and increased the mitigation and provided a project report to the Commission. She reviewed the proposal of a re-development project of an existing residential lot by removing two cottages and a garage to make way for the construction of a new residential dwelling and the creation of a new driveway from Route 6 to access the dwelling.
She said they pulled the location of the house back 5' from the Coastal Bank which is as far as they can move it and still design the septic system outside of the 100' Buffer Zone and still meet the zoning setbacks. She said they were asked to explore some alternatives to a paved driveway. She said there are some alternatives available but some are four times as expensive as a paved driveway. She said some would present plowing issues and some would create runoff toward the
wetland and private wells. She said that by paving the driveway it allows them to positively collect stormwater runoff by directing it from a one-foot concrete berm to catch basins. She said the leaching drywells will be constructed for a 25-year storm event and there will also be a second catch basin at the end of the driveway. She said there will be no surface runoff towards the wetland or well. She said there will be no runoff from Route 6. She said this section of Route 6 is a high point with catch basins in both directions on the highway. She said there will be drywells to collect roof runoff. She said that presently the cottages are served by cesspools and as part of this project three cesspools will be eliminated.
Ms. Schofield went on to say that they are calling for mitigation with native plantings in an amount equal to the disturbed area and they will be increasing the naturally vegetated Buffer Zone. She said they are also proposing an Invasive Species Management Plan as part of the mitigation.
Ms. Schofield said that it is a large house but it is a large lot. She said there is 7½% coverage of the upland portion of the lot which is less the 5% of the whole lot. She said they have kept within the footprint of the buildings now on the site. She said she feels there are some benefits to be gained with the elimination of the cesspools improving the groundwater, wildlife habitat will be enhanced with the Invasive Species Management Plan and they will also be providing stormwater management.
Attorney Riley commented that the Commissioners should have in mind that the existing use is two cottages without the necessity of upgrading the septic system and going from two cottages to one dwelling also provides aesthetic improvement. He said the house design is a low, one-story design and not a “monster” design.
Mr. Wilkinson addressed the Commission and told them that the area is currently heavily used. He said that planting mitigation will extend from the top of the Coastal Bank to the work limit area. He said there is a lot to save and initially the plan is to stop mowing and then see what’s there and to supplement that with native species.
He continued to describe the Invasive Species Management Plan and said he has had high levels of success on other similar projects. He said the two dominant invasives are Asiatic Bittersweet and Shrub Honeysuckle and there is also Honeysuckle vine. He said the plan focuses on the Bittersweet, then the Shrub Honeysuckle. He said it is a three-year plan and is very specific as to what must be done and when. He went on to say that it is safe to assume that within three years the invasive species can be controlled and as they are displaced they would be supplemented with native species.
Mr. Hoerle asked Mr. Wilkinson if he had any statistics for Round Up or other herbicides which are going to be used. Mr. Wilkinson said he did and his company’s philosophy is to use the least invasive concentrations. He said that Round Up does break down quickly and he has not seen any negative studies. He said it is registered with the EPA and he has not seen any studies of anything to support negative effects on groundwater.
Mr. Hoerle expressed his concern about managing invasive species entirely because those invasive species provide food for lots of birds and animals and he is concerned that they will be managed to the point of eradication and it will become a manicured coastline.
Mr. Wilkinson said that the end result of most of these invasive species is a progression which leads to the loss of biodiversity. He said that part of the plan is to revegetate the area with Bayberry, Beach Plum and Arrowwood Viburnum which is the number one habitat and food source for songbirds.
Mr. Hoerle commented that once this program is started it will be never ending and Attorney Riley responded that the Paines understand that this is a multi-year proposition.
When Ms. Williams asked Mr. Wilkinson if this had been done in close proximity to the water Mr. Wilkinson replied that in other places it has been done as close as 10' to the water.
Deputy Merrill said she thinks that one of the bonuses of this situation is that there will be more diversity and there will be a continual corridor there as opposed to what is there now. She said she thinks that the Commission would like to see more in the front on the Buffer Zone and she thinks it will be a huge benefit for wildlife.
Ms. Williams asked if this project had been before the Planning Board yet as it exceeds the 3,000 square feet of lot coverage. Attorney Riley told her that they cannot apply to the Planning Board until the are denied a Building Permit and they cannot apply for a Building Permit before they have completed the Conservation application.
Chairman Collins said that Ms. Williams point was a good one but they needed to move on from a Conservation standpoint.
Ms. Schofield said she did not think a pervious driveway was appropriate for this site and they have provided for the runoff. Deputy Merrill said that if the driveway were gravel it would need to be replaced frequently.
Chairman Collins said that at the last hearing the Commission got “hung up” on the driveway issue and asked the Commissioners to focus on that. He said he thinks it is unreasonable that the applicants can’t figure out how to use a common driveway. He said he really has a problem with the fact that there is an existing driveway and thinks it is completely unreasonable that they can’t figure out how to share it.
Attorney Riley said he thought the Commission should focus on the Performance Standards and the question of whether or not there is an adverse effect on the protected values as a result of this proposal. He said that no adverse effect has been brought to their attention and, in fact, a paved surface, with runoff management is better. He said the family has decided that if their engineer could design a driveway with no adverse impacts that is what they want.
Chairman Collins said he doesn’t see how Attorney Riley can say that there would be no adverse impacts from the proposed driveway construction. Attorney Riley responded that taking down trees is not an adverse impact under the Town regulations or the State regulations.
Ms. Schofield said the mitigation area includes what is going to be removed. She said that the applicants have considered keeping the driveway and that numerous potential buyers of the property have given up because of the driveway.
Mr. Hoerle said he would like to make a final emphasis that they are talking about the Buffer Zone and there is an emphasis on no pesticides, fertilizers, etc. and asked if Mr. Wilkinson was able to give the Commission absolute and unequivocal data which shows that there will be absolutely no adverse effect on the groundwater from herbicides regarding this proposal.
Deputy Merrill said she has worked with Round Up in wetland areas and she would be able to get data for the Commission. She said she is not sure if eradication of the invasives is as important as trying to control them and replacing them with natives. Mr. Wilkinson said that without question the Bittersweet will just take over and Deputy Merrill said she thinks the plan is a benefit and is better than what is there now. Mr. Wilkinson said the applicants have asked him to look into transplanting all the trees which would be removed from the proposed driveway area and planting them closer to the wetland.
Mr. Hoerle said he doesn’t think the trees would survive if they were transplanted and that he does not see this as viable. He said he agrees with Chairman Collins that he would like to see some effort to consider alternatives.
Mr. Boelitz said the applicants are offering the Conservation Commission things that they didn’t ask for and that the Town By-Law says that the applicant must prove that there are no feasible alternatives. He said he thinks the proposal is blatantly unreasonable. He said he wants to see a work limit about ten feet from the house and a “No Mow “ with the land left to revegetate naturally. He said he is not asking for landscaping, just to shut the mower off and let the area re-vegetate for ten years. He said this is all creative gardening and he is not satisfied. He said he hoped the applicants would ask for a continuance and he would like to see a minimum amount of development in the Buffer Zone. He said he has no problem with the house but asked that they please don’t take
everything around it as well.
Ms. Williams said she would defer on the driveway issue but said she is also looking for more untouched area between the home and the resource. She said she would hope to see something smaller and a natural area between it and the Cove.
Chairman Collins said he would like to see 50' from the top of the Coastal Bank undisturbed and doesn’t see why the house cannot be moved back farther. He said it seems to him that there is quite a bit of latitude there to make it work.
Attorney Riley stated once again that the prospective purchasers have mentioned that they do not want a common driveway and that the applicants did not wish a continuance.
Chairman Collins called for a Motion. Mr. Boelitz MOVED to accept this proposal and Mr. Hoerle SECONDED the Motion.
THE VOTE WAS 4 OPPOSED. PROJECT DENIED.
9:05 P.M. Request for Certificate of Compliance, Zarette DEP SE 19-1187, 15 Cliff Road,
Map 18, Parcel 048.
Chairman Collins read a letter from Laura Schofield of Schofield Brothers of Cape Cod requesting a Certificate of Compliance for this project of construction of a stairway over a Coastal Bank.
Discussion followed regarding vegetation at the site and the use of wood chips. The Commissioners felt that based on what was observed at the site the applicants should come back in a year and make this request again.
Mr. Hoerle MOVED and Ms. Williams SECONDED the Motion to postpone issuance of a Certificate of Compliance at this time.
SO VOTED UNANIMOUSLY.
9:10 P.M. Request for Certificates of Compliance, Monti (Glennon) DEP SE 19-273 & Monti DEP SE 19-1028, 265 Sparrow Road, Map 04, Parcel 186.
Chairman Collins read a letter from Tim Brady of East Cape Engineering, Inc. requesting these two Certificates of Compliance as the property is being sold. After review and brief discussion Mr. Hoerle MOVED and Ms. Williams SECONDED the Motion to issue Certificates of Compliance for
DEP SE 19-273 and SE 19-1028.
SO VOTED UNANIMOUSLY.
9:15 P.M. Administrative Reviews:
Deputy Merrill presented three projects as Administrative Reviews, Wright, DePaolo and Salt Pond Cottages. The Chairman ratified all three.
After some discussion regarding the make up of the Conservation Commission, Mr. Boelitz announced his resignation from the Conservation Commission. The Commissioners accepted his resignation.
Mr. Hoerle MOVED and Ms. Williams SECONDED the Motion to adjourn at approximately 9:30 P.M.
SO VOTED UNANIMOUSLY.
Respectfully Submitted,
Kay Stewart-Greeley,
Clerk
cc: Town Administrator
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