EASTHAM CONSERVATION COMMISSION
12 December 2006
PRESENT: Glenn Collins, 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., Frank Moore, Stephen Smith of Cape Cod National Seashore, Bob Freeman of Schofield Brothers of Cape Cod, David Lyttle of Ryder & Wilcox, Inc., Christian Norgeot of Anchor Marine, Inc., Thomas Cafro, David W. Crary, Jr. of Cape Cod National Seashore.
Chairman Collins brought the meeting to order at 7:05 P.M.
After a few minor corrections, Mr. Murley MOVED to approve the Minutes of
28 November 2006 and Mr. Kelleher SECONDED the Motion.
SO VOTED UNANIMOUSLY.
7:10 P.M. Request for Certificate of Compliance, Moore & Winsor,
DEP SE 19-1006, 310 Windjammer Lane, Map 19, Parcel 083.
Chairman Collins read a letter from Ryder & Wilcox, Inc. requesting this Certificate, noting that the addition and deck approved for the west wide of the house were not constructed.
Deputy Merrill showed photos of the site. She said she met with Mr. Moore at the site and he had explained that deer or rabbits had eaten all the Low Bush Blueberry plants they had purchased and planted, so they are letting the Rosa Rugosa establish itself and expand. Deputy Merrill said that the only thing deviating from the approved plan is that the area is not heavily vegetated but she thinks it will grow in.
Mr. Hoerle said the Viburnum will definitely spread.
Mr. Hoerle MOVED and Mr. Kelleher SECONDED the Motion to issue a Certificate of Compliance.
SO VOTED UNANIMOUSLY.
7:13 P.M. Request for Change in Plans, Tauras, DEP 19-949, 20 Cranberry Road, Map 21, Parcel 034A.
Ms. Williams recused herself. Chairman Collins read a letter from Laura Schofield explaining the “As Built” plan showing the footprint of the deck(s) associated with the dwelling.
Deputy Merrill showed photos of the site and said there is natural landscape. Chairman Collins commented that the deck looks pretty reasonable.
After some brief discussion, Mr. Kelleher MOVED and Mr. Murley SECONDED the Motion to approve the change in plans.
SO VOTED UNANIMOUSLY.
7:25 P.M. Notice of Intent filed by JMH Trust, c/o John J. McCarthy, Esq.,
3 West Shore Drive, Map 7A, Parcel 003.
Chairman Collins announced this hearing. Christian Norgeot of Anchor Marine, Inc. was present for the applicant and told the Commission that this site got hit badly last year in the December 9th storm. He said lost a lot of bank due to the waves overtopping the revetment. He said there is not enough filter cloth against the rock wall and the bank is very close to the building now. He said the original owner has died and they would like to put it back like it was so they can do something with the property.
Mr. Norgeot went on to explain that it will take about 1,400 cubic yards of sand to build up the coastal bank because the property’s coastal bank is very long. He said he will need to access the site from Campground Beach and will need to do the work during the tide cycles because the rock walls are located seaward of most revetment on the bay side. He said it will probably take four tide cycles to do the work. He said he will slope the sand as it should be sloped and plant American Beach Grass and then put a snow fence on the top of the bank to keep the sand from blowing up the hillside and on top of the house.
Deputy Merrill said her concern is the compatibility of the sand.
Mr. Hoerle asked Mr. Norgeot if he will be planting beach grass after he installs the fence at the top of the bank. Mr. Norgeot said beach grass will be planted in any disturbed areas. Mr. Murley said the proposal looks pretty straight forward.
There were no further questions and Chairman Collins closed the hearing. Mr. Hoerle MOVED approval with Order of Conditions 1-18, 19, 20, 21, 26, 27, 29, 31, 33, 34, 36. Mr. Kelleher SECONDED the Motion.
SO VOTED UNANIMOUSLY.
7:38 P.M. Notice of Intent filed by Cape Cod National Seashore, Salt Pond Visitors Center, 50 Nauset Road, Map 12, (NPS Tract #33-6318).
Chairman Collins opened this hearing. David Crary, Jr. and Steve Smith were present for the National Seashore. Mr. Crary is the Fire Management Officer and Mr. Smith is the Plant Ecologist for the National Seashore. Mr. Crary said that after Visitor Center and amphitheater were constructed in 1965, a Landscape Plan was completed in 1966 and partially implemented by spring of 1967 and the rest of the plan was never followed. He said the view of Salt Pond is restricted. He said the Salt Pond Visitor Center and its surrounding landscape features were found eligible for the National Register of Historic Places in 2000 and the draft Cultural Landscape Report for this facility identified the panoramic view of Salt Pond as a character-defining feature of the landscape and the most important landscape feature for the
site.
Mr. Crary continued saying that they are asking for approval for activities in the 100' Buffer zone of the salt marsh surrounding Salt Pond. He said they are planning on using chain saws to remove half of the tree biomass and will cut and burn on site the first year. He said that more trees will be removed the second year and the goal is to remove 80% of the vegetated basal coverage. He said they will leave native trees and allow them to become taller. He said that under this proposal they will also be able to take care of exotics plants located at the site.
Mr. Smith said the selection process will be more subjective. He said they will keep well-formed trees, take some of the evergreens and keep some of the larger deciduous trees that loose their leaves in the off season. He said another benefit of the proposal will be to get some breeze going through the amphitheater area.
Mr. Hoerle asked how they would be applying herbicides and Mr. Smith said they will be painting it onto cut stumps. He said none of it will touch the soil and they will be using Glyphosate which is one of the more benign herbicides. Mr. Hoerle asked if they would be trying to save any other forage trees besides the Eastern Red Cedar and Mr. Smith said there will be a few specimens of all species.
Ms. Williams inquired about the circle area around Doane Rock. Mr. Crary said that area had been badly hit by the Nantucket Pine Tree Moth and it needs to be cleaned up.
Mr. Kelleher said his only question was whether the National Park Service would follow through with this proposal. Mr. Crary said that was a reasonable question and Mr. Smith said that the Visitor Center is a pretty high profile area so he thinks it will be pretty important. Chairman Collins commented that it looks as if they are looking at it long term.
Deputy Merrill asked when the work would be done and Mr. Crary said that pending all approvals and funding he would like to begin around January 15th.
Mr. Murley said he has watched a lot of these projects and it is a first-rate program. He said he has no problem with it being a long-term project.
Mr. Smith said they will not be trying to restore the area to a certain period of time. He said there will be large trees left and a few clumps of trees here and there. He said the are not trying to recreate the l966 scene but trying to recreate the openness. He said that after the first year if they don’t need to do any more work, they wont.
Deputy Merrill said that it would be helpful if someone could update the Natural Resources Office at certain points in the project. Mr. Crary said he could do that.
Mr. Hoerle said he feels that it is important, as a Commission, to isolate this proposal and word it in such a way that this is an issue which is important for the Cape and the National Seashore and increasingly important for visitors to the Cape; but, that this doesn’t roll over to the homeowner to think that they can do the same thing. Mr. Crary said this is all federally-owned property and on the Historic Register with a plan that did not take place since 1967.
Mr. Murley said the Commission has allowed vista pruning for maintenance and a lot of it has to do with what’s going to be planted or not planted.
There was no further discussion and Chairman Collins closed this hearing. Mr. Hoerle MOVED approval with Order of Conditions 1-18, 19, 20, 21, 27, 33, 38 All work shall adhere to the Vegetation Management Protocol submitted with the Notice of Intent, 39 There shall be ongoing open dialogue between the Cape Cod National Seashore and the Eastham Natural Resource office during the proposed work. Mr. Kelleher SECONDED the Motion.
SO VOTED UNANIMOUSLY.
8:20 P.M. Notice of Intent filed by John & Karen Klingel, 90 Old State Highway, Map 20, Parcel 117B.
Chairman Collins announced this hearing. David Lyttle of Ryder & Wilcox, Inc. was present for the applicants. Mr. Lyttle submitted a copy of the Pleasant Bay Guidelines for Docks and Piers. Mr. Lyttle said he met with Deputy Merrill at the site earlier in the day and he understands that there is a lot to go over with this proposal and he did not expect immediate approval or disapproval.
He said the Klingels have been using a mooring at the property. He said the mean low water depth is 0.9'. He said he tried to go out at an average tide to locate mean low and mean high water. He said he has been out there three times so he believes that what is shown on the submitted plan is an accurate representation of the water depths in the area.
He went on to say that the Klingels are proposing a pier that to a certain degree adheres with the regulations for Chatham and Pleasant Bay. He said that his clients’ main concern is that the area is viable shellfish habitat and the second thing is that there is not 2.5' at the seaward end of the float a mean low water.
Mr. Lyttle said he would like to meet with the Conservation Commission on site and talk about mitigation. He said that off to the east of the site there is a huge, huge area of Phragmites. He said the lawn is hydric soils and he thinks there is a tremendous opportunity of planting it back to a natural area. He said he would like to leave the Commission with the proposed plans and they can review how it does or does not adhere with the Pleasant Bay A.C.E.C. guidelines. He said he would like the opportunity to meet on site and has no pre-conceived ideas whether this project is permitable.
Deputy Merrill said she has been more or less following the Pleasant Bay guidelines. She said she thinks there is a lot of room for mitigation here. She said that before getting into a big discussion about shellfish and habitat loss she would like to look into talking with the administration about some sort of process to do this. She said the depths of water at this site are completely different than 90 Blueberry. She said this site is more like the Stafford site at 410 State Highway where a pier, ramp and float were permitted and received a Certificate of Compliance.
Mr. Lyttle said he acknowledges that this is a viable shellfish habitat. He then requested a continuance until January 23, 2007.
Ms. Williams said the first thing she saw at the site is a lawn irrigation sign and she would be disinclined to approve this project. She said there isn’t a weed to be seen all the way down to the water. Also, she said there is an existing pier very near this site and the Commission has always talked about people trying to share these areas. Mr. Lyttle said he will look into that.
Mr. Hoerle said he is 100% behind Ms. Williams in terms of sharing a pier as the Commission has discussed in the past.
Discussion followed about mitigation for shellfish areas and Deputy Merrill said DEP will promote re-seeding of shellfish. She said there is a lot of mitigation which can be done at this site.
Mr. Murley asked Mr. Lyttle how he got his depths and Mr. Lyttle said he went out with waders. He said he chose a time of a normal tide. He said he did it twice and got the same results and did it earlier in the day and got the same results again. He said it is designed in compliance with the Pleasant Bay Management Plan in that it is Eighty Feet (80') from mean high water to the end of the pier.
Chairman Collins said the pier to the north seems logical and asked why the proposed float needs to the 10'x20'. He asked if it were rotated couldn’t it be smaller. Mr. Lyttle said that the Pleasant Bay Management Plan prefers to have a “T” configuration to avoid prop disturbance.
Chairman Collins asked about non-treated materials and Mr. Lyttle said that the proposed permanent stub piles will be non treated and then the remaining portion could be taken in and out seasonally and attached to the stub piles. That way there would only be a one-time interference to the marsh.
It was agreed that a site visit would take place at 3 P.M. on 16 January 2007.
There was no further discussion and Chairman Collins closed this hearing. Mr. Kelleher MOVED and Mr. Hoerle SECONDED the Motion to continue this hearing until
23 January 2007.
SO VOTED UNANIMOUSLY.
8:50 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 and read a letter from Tim Brady, East Cape Engineering, Inc., requesting an indefinite continuance. Mr. Brady was present and said that in the meantime they will coordinate all the recommendations of the various reports on this proposal and coordinate everything before coming back before the Commission.
I read a letter into the record from Attorney Michael D. Ford, attorney for Mass Audubon, abutter to this property, stating that he does not believe that the project can be adequately conditioned as currently proposed on light of its location in resource areas protected by the Massachusetts Wetlands Protection Act and Eastham Wetlands Bylaw.
Mr. Kelleher MOVED and Mr. Hoerle SECONDED the Motion to continue this hearing indefinitely.
SO VOTED UNANIMOUSLY.
9:00 P.M. Continuation of Hearing on 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 and Mr. Cafro were present. Mr. Brady reviewed that there is an existing house under construction and the applicant would like to add a garage and boardwalk leading to the edge of the dune. He submitted a new plan showing a stairway for the bank, 18" above the ground, and they propose a boardwalk right on the ground which can be rolled up. He said they would supplement all disturbed areas with Beach Grass, Beach Plum and Rosa Rugosa. He said the proposed deck would be more the 18" above the ground.
Deputy Merrill said her concern is construction and sediment issues involved with construction a walkway and a staircase. She said that building anything on a dune during the winter months is risky. Mr. Brady said if would be OK if the Commission wants them to wait. Deputy Merrill said they did a good job of clearing the old house and bringing in the limit of work but she wants to make sure that the dune is not getting cut into. Mr. Brady said he would advise the applicants not to build the stairway until the spring.
Mr. Hoerle said he had reservations about the walkway to the stairs that can be rolled up as the Commission usually asks that structures not be directly on the ground. Mr. Brady said he thinks that this site is a little different in that there is a lot of sand blowing around there. He said that he thinks the boardwalk will stabilize the sand and suggests that it be planted right up to it. He said there will either be a path or a boardwalk right on the ground or raised and he doesn’t think there is that much to be gained by raising the boardwalk.
Ms. Williams said that right now the site looks very chewed up to her. She said she thinks it makes perfect sense to her to have a deck out back. Mr. Brady said the ramp to the garage will be dirt and pervious.
Mr. Murley said this is one of those balancing acts where the homeowner had a threatened house. Discussion followed about the deck and Mr. Brady said the building footprint is about the same size as the original building footprint. Mr. Murley said the benefits are the new septic system etc, but the garage probably would not have passed on the first round and the limit of work seems large.
Mr. Hoerle said that he is concerned with proposals which progress as this has. He said that first the house gets approved without the garage, then there come another deck and another deck and it seems to him like creeping inflation.
Mr. Brady said that is not the issue and the issue is can what is proposed something which can be conditioned.
Mr. Cafro spoke saying that what was previously approved was a 3,500 square foot house on this property. He said that when he bought the house they wanted to save the building and they were unable to do that. He said they are not much out of the footprint of the original house and the area of the proposed garage is already disturbed.
Deputy Merrill said she thinks what Mr. Hoerle said has some merit. Mr. Cafro commented that at the last meeting the Commission was about to approve the garage and then it was discovered that the abutters needed to be re-notified.
Mr. Brady said it has sort of been common practice that putting things on pilings two feet above the dune is OK.
Mr. Murley said that at the last meeting the discussion started to get around some things but he doesn’t think they were close to approval.
Chairman Collins read the presumptions about Coastal Dunes from 310 CMR and said there are obviously still some issues.
Mr. Hoerle said he thought it necessary to define what the garage is going to be used for and Mr. Brady said it would be used for vehicles.
Ms. Williams said that she feels everyone has a level of discomfort about the proposal and that she thinks there is a difference between a storage shed and a garage. Discussion followed.
Mr. Murley said that one of the things about the previously approved house for Gilmore was that it created two parts of the property which were relatively undisturbed. He reviewed the Gilmore plan with Mr. Brady.
Mr. Brady said that the square footage is smaller now but the limit of work is larger and the disturbed area is larger. He said the previously approved house was within the Coastal Dune and the present house is only half in the dune.
Chairman Collins asked about Jim O’Connell’s opinion of the project and Deputy Merrill said that he was not there when the garage was proposed in it’s present location. Chairman Collins again read from 310 CMR that any structure which alters movement of a dune is not allowable.
Mr. Brady said they could continue if the Commission wants Mr. O’Connell to take a look at it and he is comfortable about whatever he comes up with. He requested a continuance until 23 January 2007 to give Mr. O’Connell time to visit the site.
Mr. Murley said that in terms of the Commission the work limit is probably as important as what gets build or not built. He said the deck is not a problem with him at all and that he thinks a roll-up walkway is better at this site than a raised walkway. He said that he thinks that the garage is a very large expansion of the original limit of work.
Mr. Cafro asked if any of the proposal could be approved, like the deck. The Commission decided to deal with the deck under as a change in plans.
Ms. Williams MOVED and Mr. Kelleher SECONDED the Motion to approve the deck.
SO VOTED UNANIMOUSLY.
Subsequently, Mr. Hoerle MOVED and Mr. Kelleher SECONDED the Motion to continue this hearing until 23 January 2007.
SO VOTED UNANIMOUSLY.
Deputy Merrill reviewed a proposal for 409 Eldredge Drive. She told the Commission the only resource is the A.C.E.C. and she doesn’t see any impact. She said the applicant is doing a MESA filing and she could incorporate anything they recommend to the applicant.
Mr. Hoerle MOVED that this proposal be handled as an Administrative Review. Ms. Williams SECONDED the Motion.
SO VOTED UNANIMOUSLY.
There was no further business and Mr. Kelleher MOVED adjournment. Ms. Williams SECONDED the Motion at approximately 10:15 P.M.
SO VOTED UNANIMOUSLY.
Respectfully Submitted,
Kay Stewart-Greeley,
Clerk
cc: Town Administrator
Town Clerk
Board of Selectmen
Building & Health
Planning Board
Library
| 
