EASTHAM CONSERVATION COMMISSION
23 January 2007
PRESENT: Glenn Collins, Steve Smith, Judith Williams, David Hoerle, Dennis Murley.
STAFF PRESENT: Deputy Natural Resources Officer Katelyn Merrill, Conservation Clerk Kay
Stewart-Greeley.
ALSO PRESENT: Don Milbier, Landscape Designer; Tim Nolan; David Lyttle of Ryder & Wilcox, Inc.; Tim Brady of East Cape Engineering, Inc.
Chairman Collins brought the meeting to order at 7:03 P.M.
Deputy Merrill and Commissioners Smith and Hoerle gave a review of the Stormwater Management and Erosion & Sediment Control Workshop held at Town Hall on the 22nd presented by Christine Odiaga, DEP Circuit Rider for the Southeast Region Wetlands and Waterways Program.
Commissioner Smith told the others that Ms. Odiaga told them that the Commission may always ask for more information if they don’t feel comfortable with a project and this is a legitimate way to postpone decisions. She said planting plans may be requested as well as drainage plans including soil samples to prove whether a catch basin will actually do it’s job.
Ms. Odiaga said that projects need to meet Stormwater Management standards of which there are nine. Mr. Smith said this could take some of the argument out of hearings. Also, if a source of water is outside the Buffer it can be followed back to the source.
There was also discussion about combining hard solutions and soft solutions for coastal erosion and using fiber rolls for limits of work instead of hay bales. Fiber rolls are also re-useable. Another limit of work can be created by establishing an earthen berm which would re-vegetate afterward and become a visible barrier for a “No Mow” zone line.
Deputy Merrill said she would put together a packet of limit of work options for the Commissioners.
Mr. Murley said that the hay bale history was a reaction to silt fences being installed improperly and at least the hay bales contained the overflow. He said he has never seen anything grow out of the hay bales but grass.
7:23 P.M. Notice of Intent filed by David E. & Teresa Hale, 75 Bay View Drive, Map 13,
Parcel 013.
Chairman Collins announced this hearing and read a letter form Terry Ryder of Ryder & Wilcox, Inc. requesting a continuance.
Deputy Merrill distributed plans of the site and told the Commissioners there would be a site visit on 8 February at 3:00 P.M.
Ms. Williams MOVED and Mr. Smith SECONDED the Motion to continue this hearing until 13 February 2007.
SO VOTED UNANIMOUSLY.
7:28 P.M. Request for Extension, Massachusetts Department of Conservation & Recreation, Region One, Cape Cod Rail Trail, DEP SE 19-997.
Chairman Collins read a letter from Robbin Bergfors, Project Manager for the Cape Cod Rail Trail Rehabilitation project requesting a one-year Extension of time for this project.
Mr. Hoerle MOVED and Mr. Smith SECONDED the Motion to grant an Extension for DEP SE 19-997.
SO VOTED UNANIMOUSLY.
7:30 P.M. Request for Amended Order of Conditions filed by Dorothy Daniels, DEP SE 19-1256, 33 Bayberry Lane, Map 13, Parcel 158.
Chairman Collins announced this hearing. Don Milbier, Landscape Designer, was present and told the Commissioners that the applicant had already received approval for the construction of additions and renovations and the installation of a new septic treatment system and he would like to amend the Order to add a landscape plan.
Mr. Milbier told the Commissioners that he would like to contain each side of the driveway by some sort of retaining wall, three feet on the house side and one foot on the street side, while honoring the location of the leaching field. He said the intent is to have a walkway to the front door, He distributed photos and said it is really important to retain the grade on the front door side of the driveway because of the leaching field.
Deputy Merrill showed photos of the site. Mr. Milbier said he would like to do a tiered wall and plantings so that the plant material will fill in. He said they would like to mulch for the first season and then put down pine needles after that. He said that from the existing shed to the new house line he would like to put a bark-on Cedar post arbor in that area. He said that to get to that area he would like to put a spiral staircase and there will be a garbage bin for two barrels with a slanted lid on it.
Mr. Milbier continued to explain that on the bay side of the shed he would like to put an outside shower with a dry well and on the south side of the shed he would like to install an organic garden 12' x 12' for herbs and a tomato plant or two. He said the garden would be totally organic. He explained that on the outside of the shower stall he would like to construct a potting table and bench with a cold-water-only sink which would drain into the dry well for the outside shower. He said he would like to install a similar type of patio as is currently existing on that side of the house. Also, on the bay side of the existing retaining wall he would like to plant three or four Cedars to maintain some privacy.
Deputy Merrill spoke about keeping the focus out of the first 50'. She said she thinks it is great that the area landward of the Coastal Bank will stay natural as there is already a lot of development in this area and her only qualm is about the size of the patio. She said she thinks that the plan addresses all the disturbed areas.
Mr. Murley said that the proposed patio exceeds the original work limit and goes way beyond the disturbed area. He said he thinks they should stick with the original limit of work and asked Deputy Merrill if anyone had requested an enlargement of the work limit. Deputy Merrill said this had not been requested.
Mr. Murley went on to say that the contractor felt that the approved limit of work was sufficient so that the patio on the proposed landscape plan is in an area which should not be disturbed and should be returned to a natural area.
Mr. Milbier said any patio construction would be on sand. Deputy Merrill commented that there is plenty of space in the approved work limit to push the excavated sand over the bank and the applicant cannot go outside the work limit to put a patio down.
Ms. Williams said she thought Mr. Murley’s points were good ones and that there should be no activity in the 0'-50' zone.
Chairman Collins said that there had been a lot of discussion so far and asked for some input from the other Commissioners. Chairman Collins said that the proposed landscape plan is not even close to meeting the Order of Conditions which was issued and he doesn’t see how the proposed landscape plan can meet the Commission’s intent when they approved the project.
Mr. Smith commented that even though the patio will be installed on sand it will only allow a tenth of the rain to be absorbed into the ground. He said it is aesthetically pleasing but to appease him they would have to remove every other stone so that it is 50% open.
Deputy Merrill told Mr. Milbier that the Commissioners were trying to say that the footprint of the patio is too big.
Mr. Smith said that all of the proposed landscape plan lends itself to professional maintenance and it becomes an enforcement issue. He said if the area was brought back to a natural state there wouldn’t be any enforcement issues. He said that the plan will lead to more “stuff” being put in down the line.
Deputy Merrill said she thought that everything with the retaining walls and the driveway were acceptable, however she believes that the patios are too large and the 0' to 50' Buffer Zone should be left natural.
Mr. Hoerle suggested leaving some stones out and planting those areas with herbs.
Mr. Milbier requested a continuance which was MOVED by Mr. Hoerle and SECONDED by Mr. Smith to continue this hearing until 27 February 2007.
SO VOTED UNANIMOUSLY.
8:20 P.M. Continuation of Hearing on Request for Amended Order of Conditions filed by Thomas Cafro, DEP SE 19-1177.
Chairman Collins announced this hearing for the request for a garage and a walkway to a stairway down the dune. He reviewed the opinion letter from Jim O’Connell, Coastal Processes Specialist, who concluded that as long as the garage is on pilings, it will meet the performance standards for Coastal Dunes.
Mr. Brady was present once again for the applicant and said that the garage will not be a full two-car garage. He said it will be about 20' wide with one door and a dirt ramp, which is preferred to a wooden ramp.
Deputy Merrill said she visited the site with Mr. O’Connell and she said her concern with a dirt ramp is that it will become compacted over time and will not be pervious. Mr. Brady responded that the intended use is for a seasonal storage facility and a vehicle that will not be going in and out every day.
Mr. Murley said that the original approval moved the house back and updated the septic system and even though the house is rather large it was put in a disturbed area that was used during the removal the old dwelling. Now, he said, he thinks this is a considerable enlargement of the project which was approved and if this garage was part of the original project, he doesn’t think it would have been approved. He said that this site has now really turned into a construction site instead of letting it
re-vegetate naturally.
Mr. Hoerle commented that the garage is just adding more coverage of the Buffer Zone. Mr. Brady responded that originally, a much larger house had been approved for this lot.
Ms. Williams said she thinks that this piece of property is has a lot of development on it. She thinks a storage shed would be permitable; however, she doesn’t think they need a full garage. She noted that a tremendous amount of the property is being used.
Mr. Smith said if the applicant is looking for storage for one car and a couple of other things it could be a lot smaller than 20' x 24' and Ms. Williams agreed that if it is for storage for one car, off season, then let it be smaller with a removable ramp.
Chairman Collins agreed that it should be the size for one car, following the recommendations of Mr. O’Connell.
Mr. Brady said that if the Commission wanted to approve a 12' x 20' garage, he will present that to the owner.
Discussion followed regarding the boardwalk and stairway. Mr. Hoerle said that personally he doesn’t see any other way than to approve a walkway to the stairway as there is going to be traffic to the beach regardless.
Mr. Murley said this is a very slow moving dune and not a real active one. Discussion followed about spacing of the slats for the walkway and whether to pull it up in the fall and put it back down in the spring. Mr. Murley suggested that there be a minimum of 4" between the slats and that preferable the boardwalk should be left down all year.
Subsequently, Mr. Hoerle MOVED to amend Order of Conditions SE 19-1177 to reflect the new plan for the garage 12' x 20' and the walkway to the stairway on the Coastal Bank. Mr. Smith SECONDED the Motion.
THE VOTE WAS 4 IN FAVOR AND 1 AGAINST.
MOTION CARRIED.
8:55 P.M. Requests for Certificates of Compliance, Robacher/Roma, DEP
SE 19-327, SE 19-361, SE 19-407, SE 19-623, SE 19-926, SE 19-931,
76 Old State Highway, Map 22, Parcel 10.
Deputy Merrill explained that four of the Order of Conditions, DEP SE 19-327, SE 19-361, SE 19-407 and SE 19-931 were for projects on which no work was ever done.
Mr. Hoerle MOVED and Mr. Smith SECONDED the Motion to issue Certificates of Compliance for these Orders of Conditions.
SO VOTED UNANIMOUSLY.
Order of Conditions DEP SE 19-623 was for the re-construction of a house and the construction of a stone revetment, a wooden retaining wall and the installation of a septic system, with the Order amended for the construction of an attached garage and a deck. The garage was never constructed.
Deputy Merrill showed photos of the site.
Mr. Hoerle MOVED and Mr. Smith SECONDED the Motion to issue a Certificate of Compliance for
SE 19-623, with Condition #24 relative to the use of chemicals and fertilizer to continue.
SO VOTED UNANIMOUSLY.
Order of Conditions SE 19-926 was issued in 1999 for the construction of a permanent pier, ramp and float. Chairman Collins read a letter from Tim Brady of East Cape Engineering, Inc. which explained that at this time the pier is a seasonally removable pier which is stored in the parking area of the dwelling and not in any resource areas. Mr. Brady’s letter went on to say that although the pier is seasonally removable, it is his opinion that this pier can be considered to be in compliance with the Order of Conditions.
The Commissioners felt that driving or jetting in twenty posts every year for this pier was not a good practice and this was not at all in compliance with the Order of Conditions.
Mr. Hoerle MOVED and Mr. Smith SECONDED the Motion to take no action on the request at this time and have discussion with the present owner’s (Harry Hunt) representative about bringing this pier into compliance with the Order of Conditions.
SO VOTED UNANIMOUSLY.
9:17 P.M. Continuation of Hearing on 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. A site visit had taken place at this property on the 16th of January. Mr. Lyttle showed the Commissioners a conceptual sketch for mitigation done by Seth Wilkinson after the site visit.
Mr. Lyttle explained that the mitigation area is abutting Harry Hunt’s property. There is a ton of Phragmites and a significant amount of lawn right down to the timber bulkhead. He said the plan is to plant the entire lawn area and remove a strip of about 30' of Phragmites and, over a two-year period, to plant a wetland shrub community with an 8' walking path down to the pier. He said they would like to apply a 2% Glyphosate herbicide to kill the Phragmites and they will mow about a 10' strip right next to the property line to keep Phragmites under control and keep them from spreading.
Mr. Lyttle said that after the site visit, he went back to the site to do some more soundings and he said it isn’t possible to get a lot more depth by making the pier longer. He said they can turn the float and also reduce the size of it. He said the size of the pier could be reduced by ten feet by making a longer ramp and turning the float around so that it is parallel to the pier. He said a smaller boat perpendicular to the pier will have more depth and he also thinks there will be less shading impact if the float is perpendicular.
Mr. Lyttle said that originally he had proposed stub piles so that the pier could come in and out on a seasonal basis, but if the Commissioners preferred permanent posts the applicants will be happy to go with that. He said that chances of boats in this area are non-existent, so permanent piers would not present any hazard to navigation.
Mr. Lyttle asked for some feedback from the Commissioners and said he thinks there is an opportunity here to get rid of a significant amount of lawn and to get rid of some Phragmites.
Mr. Murley commented that he feels that Phragmites would come under the same class as Poison Ivy, thus the use of a surfactant herbicide would be permissible.
Deputy Merrill said she thinks this is a key spot to look at innovative new management plans because there are Phragmites issues all along Town Cove.
Mr. Lyttle said the Klingels had contacted Deputy Merrill some time ago and then they got together with Seth Wilkinson to develop a plan and he thinks they will do a good job at trying to maintain the area.
Tim Brady spoke from the floor and said that his client, Harry Hunt, may be interested in putting a pier in and also getting rid of the Phragmites.
Mr. Lyttle stated that with stub piles there would only be a one-time disturbance during construction.
Mr. Hoerle said if there is the possibility of another pier going in, he would like to suggest that the parties speak to each other about a shared pier. Mr. Lyttle said that is a possibility.
Mr. Lyttle requested a continuance until 27 February 2007 in order to revise and update the plan.
Mr. Hoerle MOVED and Mr. Smith SECONDED the Motion to continue this hearing until 27 February 2007.
SO VOTED UNANIMOUSLY.
9:35 P.M. Approval of Minutes
With one correction, Ms. Williams MOVED and Mr. Murley SECONDED the Motion to approve the Minutes of 09 January 2007.
SO VOTED UNANIMOUSLY.
9:40 P.M. Request for Certificate of Compliance, Keyspan Energy Delivery, DEP SE 19-1168, along Locust Road, Map 12, various parcels.
This project was done in conjunction with the re-construction of the Salt Pond Cottages.
Deputy Merrill said everything was in compliance with the project.
Mr. Hoerle MOVED and Ms. Williams SECONDED the Motion to issue a Certificate of Compliance for DEP SE 19-1168.
SO VOTED UNANIMOUSLY.
Deputy Merrill presented an Administrative Review for an outside shower at a cottage on Ministers Pond. The shower will be installed on the side of the house away from the pond.
Mr. Murley MOVED and Mr. Smith SECONDED the Motion to ratify this Administrative Review and Chairman Collins signed same.
There was no further business and Ms. Williams MOVED adjournment. Mr. Murley SECONDED the Motion at approximately 9:45 P.M.
SO VOTED UNANIMOUSLY.
Respectfully Submitted,
Kay Stewart-Greeley,
Clerk
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