EASTHAM CONSERVATION COMMISSION
09 January 2007
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: Lela Larned, Wild Care, Inc.; Bob Freeman, Schofield Brothers of Cape Cod; Betsey Bradford, Wild Care, Inc.; Joe Kelly; Rosamond Thomas; Jeannine Furrer; Fred Thomas; Elizabeth Smith; Larry Campbell; Attorney David Skiba; Stephanie Sequin, Ryder & Wilcox, Inc.; Tim Brady, East Cape Engineering, Inc.; Seth Wilkinson, Wilkinson Ecological Design, Helen Valovcin.
Chairman Collins brought the meeting to order at 7:03 P.M. and called for a Motion on the Minutes of 12 December 2006.
After a few minor corrections, Ms. Williams MOVED and Mr. Hoerle SECONDED the Motion to approve the Minutes of 12 December 2006.
THE VOTE WAS 5 IN FAVOR WITH TWO ABSTENTIONS.
MOTION CARRIED.
7:06 P.M. Request for Certificate of Compliance, Tauras DEP SE 19-949, 20 Cranberry Road, Map 21, Parcel 034A.
Ms. Williams recused herself. Deputy Merrill reviewed this request and said that the Commission had a good understanding of the project but needed an “As Built” plan showing the deck. She said that other than that the project meets all the criteria for a Certificate of Compliance.
Mr. Hoerle MOVED and Mr. Smith SECONDED the Motion to issue a Certificate of Compliance for DEP SE 19-949.
SO VOTED UNANIMOUSLY.
7:09 P.M. Request for Extension, Civita DEP SE 19-986, 760 Campground Road, Map 7A, Parcel 001.
Chairman Collins read a letter from Mr. Civita requesting an Extension of this Order to make any needed repairs to the revetment and banking.
Deputy Merrill said there are no issues with this site and Mr. Civita is doing nourishment.
Mr. Murley MOVED and Mr. Hoerle SECONDED the Motion to issue an Extension for DEP SE 19-986.
SO VOTED UNANIMOUSLY.
7:11 P.M. Request for approval of Change in Plans, Wild Care, Inc.
DEP SE 19-1152, 10 Smith Lane, Map 20, Parcels 125/126.
Chairman Collins announced this hearing.
Seth Wilkinson of Wilkinson Ecological Design was present and explained the request to change the plan to construct a raptor flight cage which will be capable of rehabilitating any injured bird up to the size of a bald eagle. He said it is also proposed to extend the existing rail fence to delineate the wetland. He said the applicants are already not mowing that area and the grasses are successfully growing back. He said they have also applied to the State Landowner Incentive Program to add native plant material to the backyard.
Deputy Merrill said she thinks it is also important to mention that the flight cage is open to all elements. Mr. Wilkinson said it will be constructed of wooden framing and wire mesh.
Mr. Hoerle MOVED to accept the change in plans and Mr. Kelleher SECONDED the Motion.
SO VOTED UNANIMOUSLY.
7:15 P.M. Notice of Intent filed by Rosamund Thomas, 245 Mary Chase Road, Map 18, Parcel 081A.
Chairman Collins announced this hearing.
Stephanie Sequin of Ryder & Wilcox, Inc. was present and the applicant was in the audience. Ms. Sequin distributed slightly revised plans showing the Variances which will be necessary from the Board of Health. She said she also included detail pages for the septic system. Ms. Sequin said this project is for a septic upgrade for sale of the property. She said that there is existing a 1,000 gallon septic tank and leach pit and it was found that it needed tobe upgraded when it was inspected. She said that the material outside the 100' Buffer is basically clay and they found 4' of sandy material in the northerly corner of the property. She said the proposal is for a Microfast system which is an innovative alternative system with a pump chamber to provide pressure distribution. She said it is a
very difficult lot to say the least, given the proximity of the wetlands and the soil conditions. She said this is the best system they could incorporate there and that she thinks the work can be completed without any adverse impact to the resource.
She continued that the area where the new components will be placed is an open field area with one cedar tree which she would like to be able to save and when the are installing the system they can do a little more exploration to see if they can shift the system to save the cedar tree.
Deputy Merrill said that if the Board of Health grants the Variances she doesn’t see any issues. Ms. Sequin said that she doesn’t think the Variance requests are serious enough to require a “tight tank”.
Mr. Hoerle asked what the advantages of a Microfast system are and Ms. Sequin responded that the additional treatment reduces the suspended solids, VOCs, and Nitrogen and give a cleaner effluent. She said that since less effluent is going into the ground, you are allowed to have a small leaching system.
Ms. Williams said the area is sort of a field and asked if there was any way the new owner could be asked to keep it natural. The new owner was in the audience and said she has every intention of keeping it natural. She asked the Commission general questions about adding a modest addition, replacing existing timber walls which are rotting and expanding the existing deck.
Chairman Collins explained the Commission’s preference relative to the first 50' and about “No Mow” zones. Deputy Merrill said that if the owner were to eliminate certain walkways on the marsh side there could be trade offs for the possible expansion of the house footprint.
It was decided that a hay bale limit of work should be installed around the septic system work area and Ms. Sequin added that to the plan. Mr. Hoerle suggested off loading any excavated materials as soon as possible.
Mr. Murley reminded the new owner that decks are considered building space and considered part of the footprint.
There were no further questions and Chairman Collins closed this hearing. Mr. Hoerle MOVED approval with Order of Conditions 1-18, 19, 20, 21, 22, 26, 27, 28, 29 restored to what presently exists, 33 & 35. Mr. Kelleher SECONDED the Motion.
SO VOTED UNANIMOUSLY.
7:40 P.M. Notice of Intent filed by Jeffrey and Carol Valli, 360 Governor Prence Road, Map 18, Parcels 325 & 326.
Chairman Collins announced this hearing. Tim Brady of East Cape Engineering, Inc. was present for the applicants. Mr. Brady explained the proposal to construct a couple of storage buildings at this site. He said there is an extensive Bordering Vegetated Wetland (BVW) the whole length of the property. Mr. Brady told the Commission that Mr. Valli is a local fisherman with a lot of equipment (i.e. lobster traps, plastic bins, buoys, boating equipment, etc.) stored in this area. He said the equipment will be removed from the area in the back near the BVW and the resource Buffer Zone will be allowed to go back to a natural state. He said that while there is a lot of stuff on this site there is nothing of concern to the environment. He said they are proposing to give up the area adjacent to the wetland and
nothing will be any closer to the sloped area than what is out there now.
Deputy Merrill showed photos of the site and said that although there is a lot of stuff there it is all pretty benign. She said she thinks that if they could establish a fence at on of the contours of the purpose of keeping things on the street side it would be a good idea.
Mr. Brady said that roof drainage will be directed into the ground and they would not have a problem with a fence of some nature. He made these notes on plan.
Mr. Hoerle asked if there were any way they could tie the buildings together into one rather than have three separate buildings. He said that personally he thinks it would look neater and it would save some space. Mr. Brady said if they were all hooked together it would not really save more land and he doesn’t think there is any advantage to it. He said there are no particular plans for the buildings. Mr. Hoerle said that he feels that rather than scattering the buildings he would like to get everything under one roof. Mr. Brady said the applicant would like to have the project as proposed.
Deputy Merrill said she thinks a fence will delineate the area much better. Ms. Williams commented that she is never happy to see all this activity in an area the Conservation Commission is trying to protect and asked if the proposed buildings could be moved to the other side of the property so that it will not impact the area she is interested in. Mr. Brady said putting things on the other side would require a new driveway and perhaps taking down some trees.
Ms. Dower said she hoped the lobster traps will be moved forward. Mr. Murley said he thinks it’s a pretty good trade off if everything is taken up from the 14' contour and everything can be stored there with some permanent, visible delineation.
There were no further questions and Chairman Collins closed this hearing. Mr. Kelleher MOVED approval with Order of Conditions 1-18, 19, 20, 21, 23 (underground), 24, 26, 27, 33, 35 and 37. Mr. Smith SECONDED the Motion.
SO VOTED UNANIMOUSLY.
8:02 P.M. Continuation of Hearing on Notice of Intent filed by Daniel Elliott, 100 Ellis Road, Map 22, Parcel 013.
Chairman Collins announced this hearing and read a letter from Tim Brady requesting to continue this hearing until 13 February 2007.
Mr. Hoerle MOVED and Mr. Kelleher SECONDED the Motion to continued this hearing until 13 February 2007.
SO VOTED UNANIMOUSLY.
The Commissioners reviewed the Annual Report and had brief discussion about same.
8:15 P.M. Continuation of Hearing on Notice of Intent filed by Gunther Klink, Silver Spring Beach Association, Silver Springs Beach Road, Map 04.
Chairman Collins announced this hearing. Tim Brady was present along with the applicant. Mr. Brady said that based on discussion he had earlier in the day with Chris Ross of DEP, he would like to withdraw this application without prejudice. He said there is an existing Superceding Order of Conditions and Certificate of Compliance from DEP with conditions continuing in perpetuity for the stairway, so they will try to work with DEP on this first.
Mr. Kelleher MOVED and Mr. Smith SECONDED the Motion to allow this application to be withdrawn without prejudice.
SO VOTED UNANIMOUSLY.
Helen Valovcin approached the Commission and didn’t realize exactly what had transpired so Chairman Collins and Deputy Merrill explained it to her.
There was no further business and Mr. Hoerle MOVED adjournment. Mr. Smith SECONDED the Motion at approximately 8:30 P.M.
SO VOTED UNANIMOUSLY.
Respectfully Submitted,
Kay Stewart-Greeley,
Clerk
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