EASTHAM CONSERVATION COMMISSION
14 November 2006
PRESENT: Glenn Collins, Steve Smith, Leah Dower, Judith Williams, David Hoerle, Dennis Murley, Terry Kelleher.
STAFF PRESENT: Deputy Natural Resources Officer Katelyn Merrill, Conservation Clerk Kay Stewart-Greeley.
ALSO PRESENT: John R. Griffen, Bob Sheldon, Gunther Klink, Clyde A. Eagles, Dan Elliott, Richard Murphy, Walter Sebastian, Richard G. Ryder, Patricia Ryder, Marion Newell, Norman Newell, Tim Brady of East Cape Engineering, Inc., Terry Ryder of Ryder & Wilcox, Inc., Alison Alessi.
Chairman Collins opened the meeting at 7:04 P.M. and called for review of the Minutes of 24 October 2006.
None of the Commissioners had any corrections and Ms. Williams MOVED for approval. Mr. Smith SECONDED the Motion.
SO VOTED UNANIMOUSLY.
7:08 P.M. Request for Extension, Mancini, DEP SE 19-994, 340 Salt Works Road, Map 04, Parcel 001.
Chairman Collins read a letter from Anthony Mancini requesting an Extension of his Order of Conditions for maintenance work on an existing stone revetment. This Order had been extended in 2004 for three years.
There was some discussion regarding the chink stone/trap rock on the top of the revetment and it was agreed to address this in a letter to Mr. Mancini.
Ms. Williams MOVED and Mr. Kelleher SECONDED the Motion to extend Order of Conditions SE 19-994 for three years and that a letter be sent regarding the stone.
SO VOTED UNANIMOUSLY,
Ms. Williams spoke about her position as liaison to the Waste Water Management Board, a position she has filled for some three years now. As she explained, Marcel Boelitz was appointed by the Conservation Commission as liaison to the Water Resources Advisory Board. Ms Williams said that these two boards have more or less merged and the
meeting time is not very convenient for her to attend. She asked if anyone else might be interested in serving in this position. Ms. Dower expressed interest but said she would never be able to make the meeting time. Ms. Williams said she would talk to the board about a more convenient meeting time for working people.
7:18 P.M. Notice of Intent filed by Daniel Elliott, 100 Ellis Road, Map 22,
Parcel 013.
Chairman Collins announced this hearing. Tim Brady of East Cape Engineering, Inc. was present for the applicant and the applicant was present as well. Mr. Brady told the Commissioners that the existing pier was built in 1989 and the applicant would like to extend it some Thirty-Six Feet (36'). He said he submitted the original 1989 plan until he finds out what the Commission wants.
Mr. Brady said he received a Notice from DEP relative to filing a copy of the NOI with the Natural Heritage and Endangered Species Program. He said there have been some changes to the Natural Heritage program which makes this necessary and that the meeting would have to be continued because of that.
Mr. Brady said the pier has existed for about fifteen years and because of the water depth the applicant would like to extend it three more sections. He said he noticed that the adjacent piers on both sides of the applicant’s pier have about seven sections and this pier has only about three and a half sections, so the proposed extension would get this pier out where the other ones are and would gain a depth of about a foot of water which he said he thinks would improve the conditions. He said he doesn’t think this is a significant shellfish area and it hasn’t been used lately.
Mr. Brady presented an abutter support list to the Commission.
Deputy Merrill said this application is in a very preliminary stage and she would like to see a more recent survey plan. She said she would also like to see another profile showing how much water is there. She said this area could be considered shellfish habitat so a shellfish survey should be done. She said that she also noticed the length of the adjacent piers.
Brief discussion followed about the standards for pier construction. Deputy Merrill said she is concerned about the storage of debris laying in the marsh and on the marsh grass and that should definitely be taken out of there and she would like to see that addressed. She agreed that the dock obviously needs repair, but more details are needed.
Mr. Hoerle commented that the Commission doesn’t have to adopt all the regulations which Orleans has but the Commission should look at their regulations and see what is applicable to this project.
Chairman Collins said it would be really helpful to find out what the depth of water would be with three additional sections and what kind of shellfish is there.
Mr. Murley suggested that a few stakes be placed at low tide and that might determine whether anything would be gained by extending the pier thirty more feet. Mr. Elliott said it would keep the boat afloat instead of in the mud.
Deputy Merrill spoke about changes with the NHESP and MESA filing process. If an applicant falls within the newly delineated Estimated habitat, they must file a separate MESA filing.
Mr. Brady requested a continuance. Mr. Kelleher MOVED and Mr. Smith SECONDED the Motion to continue this hearing until 9 January 2007.
SO VOTED UNANIMOUSLY.
7:33 P.M. Notice of Intent filed by Gunther Klink, Silver Spring Beach Association, Silver Spring Beach Road, Map 04.
Chairman Collins announced this hearing. Mr. Brady was the applicant’s representative on this project also. Mr. Klink was also present.
Mr. Brady told the Commission that the site is a narrow access way which the association has to the beach. He said there are several things being proposed. He said that the bank is in bad shape and eroding under the existing stairway, the stairway is in bad shape and needs repair/replacement and that the applicant would like to extend a new revetment underneath the stairway to meet up with the existing stone revetment on the Valovcin property..
Mr. Brady said the stairway proposal is a little different from what they have done in the past. He said that the support piles would be put in place and then the stairs could be constructed so that they could be moved back and the piles would not have to be replaced every time. He said a large crane would be necessary to do this. He said they are also proposing a stone revetment underneath the stairway which would help with erosion of the bank, but there are some logistical issues as there is question as to whether this piece of property qualifies for the pre-1978 regulation. He said that the revetment on the Valovcin property doesn’t really protect her house which is off the property. He said that on the profile he has shown a new, more stable slope under the stairway. He said there are a lot of
things proposed in a very narrow area to work in.
Deputy Merrill said she has tried to reach Chris Ross at DEP but they have been playing phone tag. She said there were Superceding Orders and issues that the Commission should be familiarized with. She said this does not qualify as a revetment to protect a pre-1978 building, but the regulations don’t say anything about property lines etc. She said that the proposed revetment comes in at a pretty sharp angle on the
Valovcin property so it could be considered to be protecting her property but it’s all in the interpretation of the regulations. She said it all depends on whether or not DEP feels that this revetment will protect the northern property.
Deputy Merrill asked Mr. Brady how long he thought the pilings and stairway would last and Mr. Brady said he thinks it will last maybe thirty years and the pilings can just be cut off and the stairway moved back, so he thinks it could last a long time and that is the reason for putting the pilings in so deeply. He said that the beach will continue to move back so they will be able to re-locate the stairway on the existing pilings.
Deputy Merrill said that for a project such as this which will require using a crane, a construction protocol narrative is needed.
Mr. Brady said this proposal would require a crane at the Top of the Bank. Deputy Merrill said these things need to be seen in writing. Mr. Brady said they are investigating the use of Helix screws which would be installed with a large auger which would screw them into the ground and there is a possibility that those could be used rather than the pilings. He said they would like to get approval for the pilings because that would be the worst case scenario. He said he doesn’t know if the Helix screws would work as well but if they were used, the project would have much less impact.
Mr. Klink said he spoke to the only company on the Cape which does this type if installation and they felt that they could get the screws down a good twenty to
twenty-five feet; and, if they became exposed, they could be re-driven or cut off with a torch. He said they would probably be less invasive and much less expensive.
Mr. Smith said he has worked with this type of screw in the past and he feels that it would not be a big deal to have them driven at this site.
Ms. Dower asked if they had been used on the Cape before and Mr. Brady said not in this application. Mr. Klink said they have been used on Martha’s Vineyard and the Sandwich Conservation Commission has used them on a bridge application.
Mr. Hoerle commented that after listening to the possibilities of the auger as opposed to the timbers, he would like to see the auger used because he has questions about whether driving wooden posts will save dollars and cents in the long term.
Mr. Murley pointed out that the pathway is only three or four feet wide and heavily vegetated on the sides so if the work was done with pilings he feels it should be done from the beach side and not from the bank.
Ms. Williams commented that the next property to the south is eroding and Mr. Brady said that property is post-1978 and the revetment proposed would have a tapered return. Ms. Williams commented that she wouldn’t want this project to make it worse.
Mr. Keller said he agrees with Mr. Hoerle that whatever is going to cause the least amount of damage should be done; and, if pilings are used, the work should definitely be done from the beach.
Mr. Murley asked if all the lawsuits relative to these properties had been settled and Mr. Klink said they had been settled some ten years ago.
Chairman Collins asked whether the bank had ever been stabilized in the past and that they would need an answer from the state as to whether or not they could put a revetment on a property without a building on it.
Mr. Klink said that over the years they have planted beach grass many times and installed snow fencing. He said the grass would grow and then the bank would cave in and bury it and it never did well.
Dick Ryder spoke from the floor. Mr. Ryder was a Conservation Commissioner for Eastham for five years. He said there is a forty-foot wide road on paper for this site. He said that whatever is growing there would grow back quickly. He said he doesn’t feel that rocks cause erosion, waves do, so to forget about the end scour concept as he doesn’t believe a word of that. He said that the Eastward Ho Golf Course in Chatham is revetted and that it doesn’t protect any pre-1978 dwelling.
Mr. Murley said that was accomplished when it was stuck on the end of an Appropriations Bill and no one ever said anything about it. He said that Jim O’Connell of WHOI said that only once in about twenty years has a revetment been allowed on a post-1978 property.
Mr. Brady requested a continuance until 9 January 2007. Mr. Hoerle MOVED for continuance until 9 January 2007 and Mr. Kelleher SECONDED the Motion.
SO VOTED UNANIMOUSLY.
Mr. Klink said that the auger method could be done from the old stairs, using them as staging.
8:03 P.M. Notice of Intent filed by John Griffen, 320 Silver Spring Beach Road, Map 04, Parcel 478.
Chairman Collins announced this hearing. Tim Brady was the applicant’s representative. He told the Commissioners that this site was two or three lots south of the previous filing site. He said that it is a really unusual site in that the house is set back a bit from the bay and over time a big pile of windblown sand has blown on to the Top of the Coastal Bank. He said the house used to have a view of the bay and now there is a dune which is ten feet higher than the house. He said he met with Deputy Merrill at the site and the dune sand doesn’t qualify as a Coastal Dune.
Mr. Brady went on to say that the applicant would like to raise the existing building and construct a foundation under it, use some of the sand to re-grade around the house, and use the rest of it to nourish the beach. He said that as the work is being done there would be a significant area which would be re-graded so re-vegetating immediately after the regrading will be important.
Deputy Merrill said there was a similar case, Frost of Nantucket vs. DEP, regarding a Coastal Dune on a Coastal Bank on a Coastal Beach. She said that the result was that since the dune in question is not bordering the beach it is not a Coastal Dune and is not, therefor, in the Conservation Commission’s jurisdiction. She said you can see the preferential pathway for windblown sand at this site. She said that she thinks the deposit of sand is causing hardship on the house so some kind of control needs to be done. She said the sand is not providing the same benefits as a Coastal Dune would.
Mr. Brady said the resources are the bay, the Coastal Beach, Coastal Bank and Buffer from the Coastal Bank. He said he feels they will be improving the Coastal Bank. It was suggested to put a snow fence between the house and the Top of the Coastal Bank while construction is going on.
Mr. Murley said he went to a workshop about three years ago where they were trying to figure out about deposits etc. He said that even if there is sand at the base and sand at the top, if there is a noticeable separation point, it is not a dune; but, he said that Rebecca Haney formerly from CZM thought that if the sand was blown all the way up the bank it was a dune. Deputy Merrill sand glacial layering can definitely be seen at this site.
Pat Ryder, property owner immediately to the south of this site said she has no problem with the proposal. Dick Ryder showed the audience different types of deposits layered in a bottle which he had captured from the beach approximately ten years ago.
Norman Newell of 325 Silver Spring Beach Road spoke from the audience and said that the plan submitted shows that the existing stairway is proposed to be reconstructed. It was pointed out to Mr. Brady that this description was not included on the NOI application and he said that he would address this at a later time, perhaps with a request for an Amended Order of Conditions.
Chairman Collins said that 310 CMR states that it is up to the Conservation Commission to determine if they have all the information necessary to make a decision. Deputy Merrill said she would like to see a narrative in addition.
Chairman Collins said he didn’t see any Limit of Work on the plan. Mr. Brady said the only thing he did was to say they would not re-grade anywhere but the work area. Chairman Collins said he feels that a narrative should be submitted and that more information about how this project would proceed is needed.
Mr. Murley said that in other instances a temporary Limit of Work has been installed and then pulled in after initial excavation or whatever. He said it looks like three quarters of this site is going to be completely unvegetated. Mr. Brady replied that he doesn’t think there is any risk to the Coastal Beach or the Coastal Bank here. He said he thinks that all the risk is on the part of the homeowner.
Mr. Kelleher said there have been a couple of instances in the past where a building was going to be raised and then it was found that the underneath was all rotted out and it could not be done.
Sean Smith, the builder for the project, said that the building is in good shape and the sand is acting like a wave against it. He said they intend to make it fit the contour of the area. He said they will be taking a building which is not making it and making it blend into the environment.
Commissioner Smith said he sees this as flattening wind blown sand. Mr. Brady said the remainder of the sand would be going over the top of the bank.
Ms. Dower said she doesn’t see any problem with the proposal.
Chairman Collins closed this hearing and called for a Motion. Mr. Hoerle MOVED approval with Order of Conditions 1-18, 19, 20, 21, 23, 26, 27, 29, 33, 35, 36, 37, 38 construction protocol, 39 pre-construction site visit, 39 limit of work may be phased. Mr. Kelleher SECONDED the Motion.
SO VOTED UNANIMOUSLY.
8:40 P.M. Notice of Intent filed by Ari & Patricia Epstein. Applicants propose maintenance of existing stone revetment and nourishment of Coastal Bank at property located at 21 Marion’s Way, Map 07, Parcel 557.
Notice of Intent filed by Carol Steele. Applicant proposes maintenance of existing stone revetment and nourishment of Coastal Bank at property located at 60 Gail’s Way, Map 07, Parcel 571.
Notice of Intent filed by Drolsbaugh Nominee Trust. Applicant proposes maintenance of existing stone revetment and nourishment of Coastal Bank at property located at 21 Gail’s Way, Map 07, Parcel 572.
Chairman Collins announced this hearing. Tim Brady was the applicants’ representative. Mr. Brady told the Commissioners that all three properties have areas that need nourishment. He said none of the revetments need work at present but he filed the NOI for maintenance so that an Order for maintenance work will exist when repair is necessary.
Deputy Merrill reviewed the notice from DEP relative to these three filings and their request for information regarding the amount of sand nourishment to be done. She said that Eastham has a formula which is included in the Order of Conditions but no specific nourishment amount is given so that the Commission has the right to change the amount in the future if needed. She said she has not calculated amounts for these properties.
Mr. Brady said he suspects that if an Order of Condition is issued he doesn’t think they will hear anything more from DEP. Deputy Merrill said she would call Christine Odiaga at DEP and discuss the matter with her. She told Mr. Brady that the Commission does need a narrative however.
There were no further questions and Chairman Collins closed this hearing. Mr. Murley MOVED approval with Order of Conditions 1-18, 19 notification of any maintenance work, 20, 21, 26, 27, 29, 31, 32, 33 removal of debris behind revetment, 34, 36. Mr. Smith SECONDED the Motion.
SO VOTED UNANIMOUSLY.
8:55 P.M. Continuation of Hearing on Notice of Intent filed by David Watson & Nora Scanlan. Applicants propose construction of a new foundation under and additions to an existing single-family dwelling, the construction of a detached garage with shed, and removal of existing shed; the alteration of an existing septic system; and relocation of utility pedestal within 100' of a Salt Marsh and in an area of Coastal Storm Flowage and A.C. E.C. (Inner Cape Cod Bay), at property located at 1315 Samoset Road, Map 13, Parcel 116.
Chairman Collins announced this hearing. Terry Ryder of Ryder & Wilcox, Inc. was present for the applicants. Mr. Ryder reviewed what happened at the previous hearing and said they have modified their proposal quite a bit. He said they changed the driveway and modified the retaining wall. He said they were proposing to raise the house and that was causing them to elevate the driveway; but, they decided to eliminate lifting the entire house and to put a foundation under just the northern corner. He said there will be a step down to the garage with less grading around the structure and they have been able to almost entirely eliminate the wall going along the east side of the driveway.
Mr. Ryder said the garage is angled more to the west so that the driveway doesn’t have to be rebuilt and several trees right at the entrance can be saved. He said a FAST system is still proposed for the septic system. He said there will be much less grading because they are lowering everything and have pulled everything out of the A.C.E.C. Mr. Ryder also presented a revised landscape plan.
Deputy Merrill said that she thinks the applicants did a really good job of eliminating the grading issues and the wall issues. She said the driveway won’t be going into the A.C.E.C. and they are proposing a big buffer area. She said that once the plants grow in she hopes there will be no grading or mulching etc.
Chairman Collins said he thinks the applicants did a terrific job in trying to address the issues and Mr. Hoerle and Mr. Murley echoed his sentiment.
Ms. Williams asked about the dimension of the proposed garage and questioned the fact that it was bigger than originally proposed. Mr. Ryder said it is bigger because the full basement was eliminated so the applicants will need a little more room. The architect, Alison Alessi, said they will be using solar panels on the house and the garage. Ms. Williams said she preferred the smaller garage and doesn’t think they should be increasing anything. Mr. Ryder said the garage is entirely out of the A.C.E.C.
Mr. Murley commented that a septic upgrade in such a sensitive area is very good.
Deputy Merrill said that all the grading issues have been resolved.
There were no further questions or comments and Ms. Dower MOVED approval with Order of Conditions 1-18, 19, 20, 21, 22, 23, 24, 26, 27, 28, 29, 33, 35, 37, 38 a revised landscape plan shall be submitted using the approved site plan. Mr. Hoerle SECONDED the Motion.,
THE VOTE WAS 6 IN FAVOR WITH 1 OPPOSED.
MOTION CARRIED.
9:18 P.M. Request for Certificates of Compliance, Colburn, DEP SE 19-120,
19-280, 19-303, 19-520, 19-648, 290 Salt Works Road, Map 04,
Parcel 005.
Deputy Merrill explained these older filings to the Commissioners and said that everything is in compliance but suggested that the nourishment condition be ongoing for 19-648.
Mr. Hoerle MOVED and Mr. Kelleher SECONDED the Motion to issue Certificates of Compliance with an ongoing condition for 19-648 for nourishment.
SO VOTED UNANIMOUSLY.
9:20 P.M. ADMINISTRATIVE REVIEWS
Fleming, Richards Lane, Removal of one compromised Locust Tree.
Deputy Merrill explained this request and Mr. Kelleher MOVED approval. Ms. Williams SECONDED the Motion.
SO VOTED UNANIMOUSLY.
THOMAS, 245 Mary Chase Road, 10'x12' shed.
Deputy Merrill explained the request for this shed on concrete blocks. Ms. Williams MOVED approval. Mr. Hoerle SECONDED the Motion.
SO VOTED UNANIMOUSLY.
Doucette, Shore Gardens Condominiums, Condo #11.
Deputy Merrill explained this request to install a Backflow Preventer unit to the filtration system which was regulated by DEP. Mr. Smith MOVED approval. Mr. Kelleher SECONDED the Motion.
SO VOTED UNANIMOUSLY.
Wildcare, Lela Larned, 10 Smith Lane, removal of Black Locust trees.
Deputy Merrill reviewed this request for the Commissioners. These trees need to be removed as part of their approved project for bird enclosures and aviaries. Native species will be planted. Mr. Smith MOVED approval. Ms. Dower SECONDED the Motion.
SO VOTED UNANIMOUSLY.
Hickey, 105 Bayview Drive, Installation of second sand-drift fence.
Deputy Merrill explained that Anchor Marine would like to install a second
sand-drift fence seaward of the existing fence at this property. Mr. Murley said that when equipment is going to be on the beach a Request for Determination of Applicability needs to be filed at least.
There was no further business and Mr. Murley MOVED adjournment. Ms. Williams SECONDED the Motion at approximately 9:40 P.M.
SO VOTED UNANIMOUSLY.
Respectfully Submitted,
Kay Stewart-Greeley,
Clerk
cc: Town Administrator
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