EASTHAM CONSERVATION COMMISSION
12 September 2006
MINUTES
PRESENT: Glenn Collins, David Hoerle, Judith Williams, Terry Kelleher, Steve Smith, Leah Dower.
STAFF PRESENT: Deputy Natural Resources Officer Katelyn Merrill, Conservation Clerk Kay Stewart-Greeley.
ALSO PRESENT: Pav Wilkinson, Bob Smith, Dennis Murley, Joe Morcaldi.
Chairman Collins opened the meeting at 7:06 P.M. and welcomed new member Leah Dower.
The Minutes of 22 August 2006 were reviewed. Mr. Hoerle MOVED approval and Ms. Williams SECONDED the Motion.
THE VOTE WAS 3 IN FAVOR WITH 3 ABSTENTIONS.
MOTION CARRIED. MINUTES APPROVED.
7:05 P.M. Request for Certificate of Compliance, Hyde, DEP SE 19-982, 716 State Highway, Map 21, Parcel 063.
Chairman Collins read a letter from Edward Hyde requesting the Certificate of Compliance for this Order of Conditions. Deputy Merrill said there were no problems at the site and Ms. Williams MOVED to issue a Certificate of Compliance. Mr. Hoerle SECONDED the Motion.
SO VOTED UNANIMOUSLY.
7:10 P.M. Administrative Review, Mines, 670 State Highway, Map 21,
Parcel 066.
Deputy Merrill showed photos and explained the request to remove two Cedar trees which are approximately 98' from the resource.
The Commissioners saw no problem with the proposal and Mr. Kelleher MOVED to ratify it. Mr. Hoerle SECONDED the Motion.
SO VOTED UNANIMOUSLY.
7:15 P.M. Notice of Intent filed by Pav Wilkinson for Dennis Bunnell, 470 State Highway, Map 21, Parcel 079.
Chairman Collins announced this hearing. Pav Wilkinson was present for the owner, Dennis Bunnell and explained the proposal for a kitchen addition. He said the location for the addition is the only option for placement due to septic location and set backs.
Deputy Merrill reviewed the proposal and showed photos. She said that there will not be much of an impact as the project is located a substantial distance from the line of the Bordering Vegetated Wetland of the Salt Marsh. She said there is a considerable slope so runoff must be addressed and suggested that the limit of work be two rows of staked hay bales.
There was discussion about the removal of a couple of trees and Deputy Merrill said that one should be left if at all possible. Mr. Hoerle agreed with Deputy Merrill. Deputy Merrill suggested flush cutting and stump grinding.
There were no further questions and Chairman Collins closed this hearing. Mr. Hoerle MOVED approval with Order of Conditions 1-19, 20, 21, 22 double line of staked hay bales, 23, 24, 26, 29, 33, 35, 36 before any trees are removed there shall be an on-site meeting with the Natural Resources Officer. Mr. Kelleher SECONDED the Motion.
SO VOTED UNANIMOUSLY.
7:30 P.M. Notice of Intent filed by W. Daniel Delea, Jr., 40 Freeman Way, Map 01, Parcel 072.
Chairman Collins announced this hearing and read a letter from Tim Brady of East Cape Engineering, Inc, the applicant’s representative, requesting a continuance until the meeting of 10 October 2006.
Mr. Hoerle MOVED and Mr. Smith SECONDED the Motion to continue this hearing until 10 October 2006.
SO VOTED UNANIMOUSLY.
7:35 P.M. Request for Certificate of Compliance, Gedrich, SE 19-1017, 16 Boat Meadow Way, Map 19, Parcel 011.
Chairman Collins read a letter from John M. O’Reilly of Bennett & O’Reilly, Inc., requesting a Certificate of Compliance.
Deputy Merrill reviewed the filing and said the major components of the project was the alternative septic system and greywater treatment Clivus system. She said the Conservation Commission is getting ongoing reports. She said the Order of Conditions was very regimented for the system and all the proper notifications are being received. She said the site is stabilized but there are hay bales still present at the site and this needs to be addressed. She reminded the Commission that no landscape plan was ever submitted under this Order of Conditions and that all and all the applicants have made a valiant effort. She said there will be ongoing maintenance of the Clivus system.
Mr. Hoerle MOVED to issue a Certificate of Compliance with ongoing conditions for maintenance of the plant population with no use of fertilizer and the installation of only native species. Mr. Kelleher SECONDED the Motion.
SO VOTED UNANIMOUSLY.
7:45 P.M. Request for Amended Order of Conditions filed by David Palten,
DEP SE 19-1188, 3 Bayberry Lane, Map 13, Parcel 144.
Chairman Collins announced this hearing and read a letter from David Palten requesting a continuance to a mutually convenient date.
Mr. Hoerle MOVED and Mr. Kelleher SECONDED the Motion to continue this hearing.
SO VOTED UNANIMOUSLY.
7:48 P.M. Administrative Review, Cranberry Cottages, 785 State Highway,
Map 21, Parcel 029.
Deputy Merrill showed photos to the Commissioners and explained the request to install another shed and said she feel there will be no impact.
Mr. Hoerle MOVED and Mr. Kelleher SECONDED the Motion to ratify.
SO VOTED UNANIMOUSLY.
7:55 P.M. Administrative Review, Taurus, 675 Bridge Road, Map 19, Parcel 063.
Deputy Merrill explained this request to the Commissioners to construct a garage and associated driveway at the above site. After discussion, it was agreed that this project will need full review by the Commission.
Mr. Kelleher MOVED and Mr. Hoerle SECONDED the Motion that this project needs a full filing.
SO VOTED UNANIMOUSLY.
8:03 P.M. Request for Amended Order of Conditions filed by David Driscoll, Harmes Way Realty Trust, DEP Se 19-1208, 385 Harmes Way, Map 01, Parcel 112.
Chairman Collins announced this hearing. David Driscoll was present. Ms. Dower recused herself from this hearing.
Chairman Collins reviewed Mr. Driscoll’s letter of 25 August 2006. Mr. Driscoll referred to the Consent Agreement and Chairman Collins said that the Consent Order refers to a five year plan and at the end of the five years the necessity for the applicant to apply to the Conservation Commission, He said that he thinks the Consent Order has served its purpose and is now done.
Deputy Merrill commented that the Consent Order does not say in perpetuity. She said that Mr. Driscoll filed a Notice of Intent and was issued an Order of Conditions. Mr. Driscoll said that he filed the Notice of Intent because DEP told him to. He said that he knows that none of th present Commission was party to the Consent Order but he thinks the current Commission should honor it.
Deputy Merrill told Mr. Driscoll that regardless of the Consent Order he did file a Notice of Intent for maintenance and suggested going through the points of his letter to try to reach a compromise. She told Mr. Driscoll that, as mandated by the state, the Commission cannot issue an Order of Conditions for any longer than three to five years. She told him that in relation to Conditions #12 the approved plan is the plan which Mr. Driscoll submitted. Mr. Driscoll said he would notify the Conservation Commission before he does anything. Deputy Merrill said she knows that some sand has been placed at the site and told him that in order to come to some kind of agreement the Conservation Commission needs notification of any nourishment, how much and what type an there needs to be periodic inspection.
Condition #25, Beach Nourishment, was discussed and Deputy Merrill told Mr. Driscoll that filing a Notice of Intent gives the Conservation Commission the right to tell him what to do and if he didn’t agree with that, that is what the appeal period is for. She went on to say that the Order of Conditions could be changed from three years to five and that #25 can be changed from the title of Beach Nourishment.
Dennis Murley of the Audubon spoke from the floor saying he was present just to see what unfolded at this hearing. He said the Bob Prescott was unable to attend. He said that he did note that the Natural Heritage and Endangered Species Program had signed off on this proposal and that surprised him as there are Diamondback Terrapin in the area and Piping Plovers and these types of things might limit the time of year that work can be done.
Deputy Merrill said that Condition #25 could be re-titled and language added that the area of trap rock added in 1997 shall be covered with sand annually and inspected by the Natural Resource Department.
Mr. Hoerle~MOVED and Mr. Smith SECONDED the Motion to issue an Amended Order of Condition for DEP SE 19-1208 with the agreed upon changes.
SO VOTED UNANIMOUSLY.
Mr. Hoerle MOVED and Ms. Williams SECONDED the Motion to adjourn at approximately 8:50 P.M.
SO VOTED UNANIMOUSLY.
Respectfully Submitted,
Kay Stewart-Greeley,
Clerk
cc: Town Administrator
Town Clerk
Board of Selectmen
Building & Health
Planning Board
Library
| 
