EASTHAM CONSERVATION COMMISSION
28 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: Tim Brady of East Cape Engineering, Inc., Clint Kanaga of Ponderosa Landscaping/St. Aubin Nursery, George & Juliane Civita.
Chairman Collins brought the meeting to order at 7:03 P.M.
After a few minor corrections, Mr. Kelleher MOVED to approve the Minutes of
14 November 2006 and Mr. Smith SECONDED the Motion.
SO VOTED UNANIMOUSLY.
7:10 P.M. Request for Certificate of Compliance, 30 Lee Court, Map 11,
Parcel 180.
Deputy Merrill reviewed for the Commissioners that a Certificate of Compliance had been denied for this property because the “No Mow” zones were not delineated. She said she met with the owner and the steps were replaced under an Administrative Review. She said everything else is in compliance, but pointed out that the lawn does go right down to the water. She said that restoration of the Buffer Zone was not mandated under the Order of Conditions which was issued in 2003.
Mr. Brady said there was quite a long stretch of lawn which the Depoalos did give up.
Mr. Hoerle suggested that the letter accompanying the Certificate of Compliance ask that they consider giving some more area back.
Mr. Smith said there are two sprinkler heads at the site and if there are sprinkler heads, fertilizer is probably being used. There was no restriction of fertilizer in the Order of Conditions and Mr. Smith suggested the letter also ask the owners not to use fertilizer.
Mr. Kelleher MOVED to issue a Certificate of Compliance with the letter addressing these two items and Mr. Smith SECONDED the Motion.
SO VOTED UNANIMOUSLY.
7:15 P.M. Notice of Intent filed by Dorothy Daniels, 33 Bayberry Lane, Map 13, Parcel 158.
Chairman Collins announced this hearing. Tim Brady of East Cape Engineering, Inc. was the applicant’s representative and explained that this project proposes some minor additions. He said an addition is proposed on the south side and a small addition is proposed on the street side of the house and a drive-under garage under the addition on the south side. He said that all construction will take place where there is existing lawn. He said a second-story deck over the existing deck on the water side is also proposed, so all of the work is in areas that are either already lawn or deck areas. He said an alternative treatment system will be added to the septic system and this will happen in the existing driveway area. He said there will be low retaining walls for the new driveway and the whole building
will be resided and get new windows.
Deputy Merrill said it looks like everything will be in the existing footprint and asked Mr. Brady if the off loaded sediment could be put on the bank. Mr. Brady said he will speak to Shawn Smith, who is the contractor, about nourishing the bank. Deputy Merrill said it would be a good idea if the sediment is compatible. She said she doesn’t see much of an expansion with this proposal.
Mr. Brady said the new driveway will be pervious and made a note on the plan about a drain at the end of the driveway right at the door of the garage. He said this project will require Site Plan Review and there is some question about the requirement for a Variance.
Chairman Collins said he thinks it’s a great idea to get some of the excavated material on the bank if possible.
There was no further discussion and Chairman Collins closed this hearing. Deputy Merrill submitted Conditions 1-18, 19, 20, 21, 22, 23, 24, 26, 27, 28, 29, 32 excavated material shall be used for nourishment of the Coastal Bank, 33, 35, 36, 38 Pre-Construction Meeting. Chairman Collins suggested that Condition #29 say that the area should be returned to the existing
pre-construction conditions.
Mr. Hoerle MOVED to approval with these Conditions and Ms. Williams SECONDED the Motion.
SO VOTED UNANIMOUSLY.
7:35 P.M. Notice of Intent filed by George Patterson, 20 Gile Road, Map 07, Parcel 541.
Chairman Collins announced this hearing. Mr. Brady was the representative for this applicant. He explained to the Commission that at some time the existing stone revetment had all the stones mortared in place. He said that all the sand under the revetment is gone and it is not in good condition and it is time for a general overhaul. He said the revetment will be completely disassembled, probably a half at a time. He said that new filter fabric will be put in place and then the revetment will be reconstructed.
Mr. Brady continued to say that the new revetment will be less steep and will have a 1.5 to 1 grade. He said it is the intention to make it very similar to the one to the south. He said the intention is to make this revetment like the revetments that have been approved recently, with compensatory sand etc. He said that the remains of the groin off shore will be removed and the stones added to the revetment. He said that some stone will have to be brought to the site because there is not enough stone there. He said the large concrete slabs will be taken off-site.
Deputy Merrill had a couple of questions about elevations and asked if they were actually going to extend the wall higher, how would they do than without cutting into the bank. Mr. Brady said that there is plenty of space to lay it down and make it higher.
Deputy Merrill said that the small trap rock cannot be exposed. Mr. Brady said it can be used as the bedding material and all the debris will be removed. He said that the revetment has an existing Chapter 91 License so as long as it is reconstructed as it is now that license should be OK. He said the Notice of Intent was submitted to Marine Fisheries and Waterways and neither had any comment about licensing. He said it will be reconstructed pretty much in accordance with the license it has.
Mr. Murley said this would be a good time to remove the concrete completely. Mr. Brady said that getting compatible sand is becoming more and more difficult.
Mr. Hoerle brought up the policy of fiber rolls. Mr. Brady said fiber rolls are not proposed on this revetment. He said that it is proposed to make it higher to match the one to the south. Mr. Hoerle commented that he feels fiber rolls give more stability to planting and he would like to see hard solution combined with soft solution until there is enough data to show that it doesn’t make sense.
Mr. Kelleher said the proposed revetment is going from elevation 13' to elevation 16' and as he recalls the majority of the revetments which have been approved in the recent past have been at elevation 14'.
Deputy Merrill said the ones approved on Shurtleff Road were elevation 16' and it depends on the height of the coastal bank and the elevation of the velocity zone.
Mr. Brady said that his thought in raising it is that what is at this site is not working very well as opposed to the one to the south.
Deputy Merrill said that when it comes down to it, the reinforced fiber rolls block sediment.
Mr. Smith asked Mr. Brady if he thought that making the revetment higher would extend its life span. Mr. Brady said not necessarily, but if they are agreeing to the compensatory sand what is the advantage of the fiber rolls.
There was no further discussion and Chairman Collins closed this hearing. Mr. Hoerle MOVED to approve. Mr. Kelleher SECONDED the Motion.
Deputy Merrill submitted Conditions 1-18, 19, 20, 21, 26, 27, 29, 31, 33 including existing debris and all concrete, 34, 36, 38 maintenance condition, 39 Marine Fisheries condition.
SO VOTED UNANIMOUSLY.
8:08 P.M. Notice of Intent filed by George Civita, 760 Campground Road,
Map 7A, Parcel 001.
Chairman Collins announced this hearing. Mr. Civita was present and told the Commission his house has been on locust posts for some 75 - 78 years and they are getting a little wobbly. He said he wants to put a poured foundation under the house and is maintaining the footprint which exists. He said Shawn Smith is the contractor.
Deputy Merrill said she will speak to Mr. Smith and see if they can get the excavated material put on the bank. She said she doesn’t see this proposal as obtrusive to the bank and doesn’t see any issues.
Ms. Dower inquired about the Limit of Work.
There are no further questions and Chairman Collins closed this hearing. Mr. Hoerle MOVED approval and Mr. Kelleher SECONDED the Motion.
Deputy Merrill submitted Conditions 1-18, 19, 20, 21, 22, 23, 26, 27, 29, 32, 33, 35, 39 Pre-Construction Meeting.
Ms. Williams asked about the chink stone on the top of the revetment at this site. Deputy Merrill said she would take a look at it.
SO VOTED UNANIMOUSLY.
8:20 P.M. Continuation of Hearing on 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. Clint Kanaga of Ponderosa Landscaping was present for Mr. Palten. Mr. Kanaga said the issues here are the lawn near the Top of the Coastal Bank and the irrigation system. He said the proposal is to remove all lawn within Twenty-Five Feet (25') of the Top of the Coastal Bank. And to plant native shrubbery including Juniper, Clethra and Switch Grass. He said this will be an increased area of Two Hundred Fifty Square Feet (250 sf.). He said the proposal is to remove all sprinkler heads within Twenty-Five Feet (25') of the Top of the Coastal Bank and allow over spray to water the new plantings. He said they would like to extend the blue stone walk to make a connection with the platform and keep the existing negative grade away from the Top of the Coastal Bank.
Deputy Merrill said there was a landscape plan in the file and she met on site with Mr. Palten and Mr. Kanaga. She said that there had been some mis-communication in the past and the best idea was to try and find a compromise. She said her biggest concern is the green lawn right up to the Top of the Coastal Bank. She said she doesn’t feel that the sprinkler system toward the road will cause any problems to the bank. She said she feels this is a pretty good attempt to mitigate the existing issues.
Chairman Collins said it bothers him to see this site that the Conservation Commission has jurisdiction over and he doesn’t think a bright green lawn should be there. He said that if a sprinkler is needed to have things grow then they shouldn’t be planted there. He said he doesn’t feel that the owner has gone far enough to mitigate the issues here.
Mr. Murley said that when he looks at the landscaping plan and the plants that are suggested, the plants are not native materials. He said this is the type of site where they should be asking for the lowest maintenance plants. He said that at least the first Twenty-Five Feet (25') of lawn should be ripped up and some native plantings put in.
Mr. Smith said he agreed with Mr. Murley and Mr. Kelleher said he did as well.
Mr. Murley said he doesn’t remember seeing a landscape plan previously and that if the Commission had seen one for what is there they would be saying the same thing as they are saying now.
Mr. Kelleher said the lawn has definitely been fertilized and there was a Condition in the original Order prohibiting fertilizers. He said that the owner didn’t follow the Order of Conditions and now they want the Conservation Commission to say it’s OK.
Ms. Williams said she doesn’t think the Commissioners should feel bad about saying the site needs to be restored to a natural state.
Mr. Hoerle said the original Order also called for stabilization by the planting of native species and they were listed. Chairman Collins read from the Original Order which specifically states that native species are to be planted.
Mr. Kanaga said he served on the Orleans Conservation Commission for three years and the protections of a regulated irrigation system are greater than just having sprinklers. He said he understands the tying in of an irrigation system and fertilizer and thinks that a professionally installed system is a benefit to the plants.
Mr. Hoerle countered that if you plant correctly and you water the plants, they will survive. Mr. Kanaga said he thinks there is a benefit to have an irrigation system and if the Commission wanted to they could specify organic fertilizer only. Mr. Hoerle said organic fertilizer is just as bad as other fertilizer.
Chairman Collins said he agreed with Mr. Hoerle. Ms. Williams suggested that if Mr. Kanaga has a rapport with the owner perhaps he could come back with a proposal the Conservation Commission can approve.
Mr. Smith reminded everyone that the request in front of them was only for the use of the irrigation system and the question is are they going to allow the sprinkler system or not.
There were no further comments and Mr. Smith MOVED to deny the request for an Amended Order of Conditions for use of an existing underground irrigation system and that the Enforcement Order issued in May 2006 be complied with. Mr. Kelleher SECONDED the Motion.
SO VOTED UNANIMOUSLY.
8:55 P.M. Continuation of Hearing on Notice of Intent filed by Frank & Margaret Vangeli, 27 Longstreet Lane, Map 10, Parcel 333.
Chairman Collins announced this hearing and read a letter from Peter Markunas of Coastal Engineering Company, Inc. requesting another continuance to give the applicant time to investigate the feasibility of the relocation of the well which is in jeopardy due to erosion.
Mr. Kelleher MOVED and Mr. Hoerle SECONDED the Motion to continue this hearing.
SO VOTED UNANIMOUSLY.
9:00 P.M. Request for Change in Plans Hickey(formerly Baule), DOA 35-03, 105 Bayview Drive, Map 10, Parcel 278.
Deputy Merrill presented this request for a second sand-drift fence under the Determination of Applicability issued for this property. She told the Commissioners that the fence is to be put Four Feet (4') seaward of the existing sand-drift fence.
Mr. Smith asked that a note be made that if the fence gets destroyed the remains will be picked up quickly.
Mr. Hoerle MOVED and Mr. Smith SECONDED the Motion to approve the change in plans for a second sand-drift fence at the above site.
SO VOTED UNANIMOUSLY.
Chairman Collins had a question about the progress of the construction of the stone revetments south of Campground Beach and the rocks on the beach.
Some discussion followed about sand-drift fences.
There was no further business and Mr. Murley MOVED adjournment. Ms. Williams SECONDED the Motion at approximately 9:20 P.M.
SO VOTED UNANIMOUSLY.
Respectfully Submitted,
Kay Stewart-Greeley,
Clerk
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