EASTHAM CONSERVATION COMMISSION
27 February 2007
PRESENT: David Hoerle, Leah Dower, Steve Smith, Terry Kelleher, Dennis Murley.
STAFF PRESENT: Natural Resources Officer Henry Lind, Deputy Natural Resources Officer Jim Gallagher, Conservation Clerk Kay Stewart-Greeley.
ALSO PRESENT: Joy Cuming and Dennis Minsky of Architects Studio Ltd., Gordon Peabody of Safe Harbor, Miller Cook, Jeff Thibodeau, David Lyttle of Ryder & Wilcox, Inc., Seth Wilkinson of Wilkinson Ecological Design, Tim Brady of East Cape Engineering, Inc., Helen Valovcin.
Acting Chairman David Hoerle brought the meeting to order at 7:00 P.M.
Ms. Dower MOVED approval of the Minutes of 13 February 2007. Mr. Smith SECONDED the Motion.
SO VOTED UNANIMOUSLY.
Mr. Lind presented an Administrative Review for Zabielski at 15 Lee Court. He told the Commissioners that it’s a pretty straight forward proposal for the removal of a few trees immediately adjacent to the driveway and house. Mr. Lind showed photos of the site. He said that they are all very old pine trees.
Mr. Kelleher MOVED ratification of this AR and Mr. Murley SECONDED the Motion.
SO VOTED UNANIMOUSLY.
Mr. Lind presented an Administrative Review for Gilbert Williamson at 165 Luther’s Lane, adjacent to Wiley Park. He said the site is all Cat Brier and deceased pine trees and the applicant wishes to remove the Cat Brier up to the 75' mark and maintain a 4'-wide pathway to the pond. He said that Deputy Merrill’s recommendation was that this activity will not adversely impact the resource.
Mr. Murley commented that this might be the time to delineate the 75' line. He suggested asking the applicant to do that and to selectively remove things.
Mr. Kelleher said that this activity will only improve the area.
Mr. Murley MOVED and Mr. Kelleher SECONDED the Motion to ratify this Administrative Review.
SO VOTED UNANIMOUSLY.
7:15 P.M. Notice of Intent filed by Amy Gussack and Kermit Moyer, 50 Vandale Circle, Map 15, Parcel 80.
Mr. Hoerle announced this hearing. Gordon Peabody of Safe Harbor, Joy Cuming and Dennis Minsky of Architects Studio, Ltd., were present for the applicants.
Mr. Kelleher said he delivers mail to this address and Mr. Lind said he did not consider that to be a conflict of interest.
Mr. Peabody said this is actually a pretty small project and asked Ms. Cuming to review the plans for the Commissioners. Ms. Cuming told the Commissioners that the proposal is to remove an existing second-floor balcony and re-construct same with an increase of 12'. She said the existing deck on the rear is to be removed and increased in square footage to provide a screened-in porch and deck and outdoor shower. She said the proposal is to remove the asphalt walkway at the front and replace it with something more pervious. She said that in the rear yard the two existing walkways which are both at grade are causing damage to the vegetation and the proposal is to remove one walkway and replace the other with an elevated walkway. She said that the final part of the proposal is to remove the existing impervious
concrete patio and replace it with a semi-pervious blue stone patio at grade.
Mr. Peabody said they propose specific mitigation. He said that both existing walkways will be left unmowed and allowed to revegetate. He said there will be an infiltration trench around the patio to catch any runoff and the access corridor will be limited to the width of the patio. He said they have also included a limit of work using a biolog system, staked every six feet with 4' stakes and double-flagged with green tape. He said the biolog system is a low impact, low profile system amenable to the passage of animals. He said that any digging will be done by hand and excavated material will be moved out of the buffer zone. Mr. Peabody said they are proposing to use hickory posts.
Mr. Lind said that Deputy Merrill had looked at this site and showed photos. He said that the discussion is that the biolog system is the next generation of erosion control and seems to be effective in other places and should work. He said that this residence was built prior to 1975 so it pre-exists Wetland Regulations.
Mr. Murley commented that the proposal looks relatively modest with no further expansion and perhaps a little recovery.
Ms. Dower said it seems that the applicants have put a lot of energy and thought into every aspect to keep it as safe as possible. Mr. Kelleher said he doesn’t see anything that jumps out at him and the applicants are doing everything they can to keep it in reason. Mr. Smith asked why they are proposing to use hickory and Mr. Peabody said that he thinks it is one of the hardest woods that they have access to. He said that it seems to be one of the more stubborn woods and in his experience he has been very impressed with the response of hickory to time.
Mr. Hoerle commented that it appears that a former owner may have cut down a tree as there is a 4-5' stump with suckers coming out of it. Mr. Peabody said it is his idea to keep as close to the natural system as possible and communicate with the owners about the importance of the area.
Mr. Hoerle inquired about the proposed walkway and how far it would go and Ms. Cuming said it is proposed to go the water’s edge.
Vivien Cook, an abutter, spoke from the floor and said she is concerned about the proposed wooden walkway and wonders if it is needed. She asked that the Commission to think carefully about it as they need to be careful of the fragility of the pond.
Mr. Smith inquired about the spacing between the planks for the walkway and Mr. Peabody told him the limit of work for the walkway will be the walkway itself.
Mr. Hoerle asked if it was Mr. Peabody’s impression that this property had been mowed fairly close to the water. Mr. Peabody said that they are proposing that the two existing walkways will never be mowed again. He said that he thinks it is wise and reasonable to support site betterment and to cease mowing is a “no brainer”. He said the idea of a “no mow” area has his support.
Mr. Lind said the options were to continue until another time or set Orders contingent upon a site inspection and his only other comment is that the use of ACQ is contrary to the bylaw.
The applicants requested a continuance until 27 March 2007. Ms. Dower MOVED such continuance and Mr. Kelleher the Motion.
SO VOTED UNANIMOUSLY.
7:55 P.M. Continuation of Hearing on Request for Amended Order of Conditions filed by Dorothy Daniels, DEP 19-1256, 33 Bayberry Lane, Map 13, Parcel 158.
Mr. Hoerle announced this hearing. Jeff Thibodeau, MLA Landscape Designer, was present. He said he is working with Don Milbier who originally presented this proposal for a landscape plan. He said the major changes since the last time this was heard is that they have done away with the proposed patio in the rear and made it a 5' walkway. He said they took out the retaining wall and scaled back down to improve the aesthetic quality and access while improving the vegetative cover.
Mr. Thibodeau went on to say that this project is being presented in conjunction with an existing Order of Conditions and they were asked to submit a landscape plan. He said he believes that ground has been broken to construct the addition at the site and they are proposing landscaping improvements and walkway access to the front door. He said that right now the vegetation is poor, sparse and not really healthy. He said they are proposing indigenous species such as Cedar, Inkberry and Bayberry.
Mr. Lind said that it appears from the Minutes of the last hearing that the topic of concern was the size of the patios. Mr. Murley said that some of the concerns were that this was so large a project on a small property and that the original landscape plan showed a 90% takeover of the land and there were some questions about the shower. He said that he has no problem with landscaping from the shed backwards toward the road and no problem amending the plants in the area where planting has been proposed. He said he thinks they should wait until the construction is finished before they commence the landscaping, then come back for further points for landscaping beyond the limit of work.
After some discussion, Mr. Murley MOVED to issue an Amended Order of Conditions to accept the landscape plan within the established limit of work areas and work outside of the original limit of work will begin phase two for amended plantings. Mr. Kelleher SECONDED the Motion.
SO VOTED UNANIMOUSLY.
8:15 P.M. Continuation of Hearing on Notice of Intent filed by John & Karen Klingel, 90 Old State Highway, Map 20, Parcel 117B.
David Lyttle of Ryder & Wilcox, Inc. and Seth Wilkinson of Wilkinson Ecological Design were present for the applicants. Mr. Lyttle said that at the last hearing there were some suggestions of how the pier design could be reworked. He said that the size of the float had been reduced from 10'x20' to 8'x18' and the float extended by 2' for a net reduction of 52 square feet. He said that other than that the pier is the same. He said that other changes that were made are that stub piles will be used throughout so there will only be a one-time disturbance and the pier will be removable and the stub piles will be made of greenheart, epay or similar non-toxic wood. He said he also added a note that the rest of the lumber for the removable part of the pier shall be non-treated or treated with non-leaching
preservatives. He said as mitigation for allowing the seasonal pier to be located in an area which is shellfish habitat, the mitigation plan is to remove the phragmites vegetation. He distributed the plans to the Commissioners for their review.
Mr. Wilkinson said that if something is not done with the existing stand of phragmites it will be a constant maintenance issue. He said it turns out that the applicants were already interested in managing the phragmites. He said the proposal is to remove the phragmites and the existing lawn and establish a wetland plant community. He said that in addition they have been in contact with the owner of the property where the rest of the phragmites is located and he is also interested in managing it.
Mr. Wilkinson went on to explain that he actually built a machine for managing phragmites and explained to the Commission how they would proceed. He said they have tried this method at a site in Yarmouth and that the initial outcome looks very good. He said that once the phragmites is removed they can start replanting. He said that conceivably it could be done in the same growing season but he would say that within a two-year period the area can be replanted.
Mr. Lyttle said he would like to add that he used the dock and pier criteria for Pleasant Bay A.C.E.C. and the proposal complies in every aspect except for the depth of water at the end of the pier and his clients would be happy with a condition to have the float stops secured to piles for the float to ensure that it will never touch the bottom.
Mr. Lind inquired about the float piles and Mr. Lyttle said they will be pipe piles that would go in and out every year. He said he has talked with the neighbor, Harry Hunt, and that he may be interested in managing the phragmites and they may also be able to work out a shared pier situation for both properties. Mr. Lind showed photos of the site and commented that all parts and pieces of the pier shall be untreated. Mr. Lyttle said his clients are very happy with the depth and Mr. Lind said the fact that it will be removable is excellent.
Mr. Murley inquired whether they had considered Narrow Leaf Cat Tail as a buffer and Mr. Wilkinson told him that the Army Corp has banned that plant because it is so aggressive.
Mr. Hoerle asked if there have been any studies of Glyphosate disturbing other wetland micro-organisms and Mr. Wilkinson said they don’t apply it even if there is a chance of rain in 24 hours and they use a very low concentration.
Ms. Dower said it seems like a great opportunity to get rid of the phragmites and lawn and get some wetland planting in the area.
Mr. Smith asked how high the stub pilings would sit and Mr. Lyttle said they will probably be a foot high. Mr. Lyttle said the proposal is for four sets of stub piles in the intertidal area where there is shellfish habitat. He said that all the rest are located in the marsh. Mr. Lyttle said that the single mitigating factor for him in terms of shellfish is that he is hoping that the abutting owner will be interested in a shared project.
Mr. Hoerle asked Mr. Lind if there was any way the Commission could make some kind of contingency that the pier be shared. Mr. Lind said the logical way to proceed is to approve this proposal and if another comes in to suggest looking at sharing it.
Mr. Hoerle went on to say that this would more or less be an experiment on the Commission’s part relative to the use of herbicides. Mr. Wilkinson said he is very comfortable with using a 2% solution and Mr. Murley added that MA Audubon and the Nature Conservancy are using the same product in the same concentration. He said there has been a lot of use of this with some success.
There were no further questions or comments and Mr. Smith MOVED to approve this project with Order of Conditions 1-18, 19, 20, 21, 26, 27, 29, 33, 35, 37, 38 float stops to be installed on the float and float to be secured by pipes which will be removed annually, 39 all timbers used in the construction of the dock and float shall be untreated, 40 every effort shall be explored to utilize shared use of this pier with the abutting property owner, 41 there shall be a yearly site visit. Ms. Dower SECONDED the Motion.
SO VOTED UNANIMOUSLY.
8:55 P.M. Continuation of Hearing on Notice of Intent filed by Gunther Klink, Silver Spring Beach Association, Silver Springs Beach Road, Map 04.
Mr. Hoerle announced this hearing. Tim Brady of East Cape Engineering, Inc. was present for the applicant. Mr. Brady said the revetment has been removed from this proposal and the proposal is now for only nourishing the bank and constructing a new stairway. He said the stairway is different from the existing in that there is a platform at the top and two platforms on the way down instead of one platform. He said they are proposing a second platform because the stairway is a long hike with only one platform. He said that under the Superceding Order of Conditions for this site they could reconstruct a stairway with one platform but they would rather get a new Order of Conditions for a stairway with the two platforms.
Mr. Lind asked Mr. Brady if the structural support was going to be with the helical anchors and Mr. Brady said that was correct and explained how this would be done. He said that they had done a test pile at the top of the bank and it worked well.
Mr. Murley inquired about the nourishment amount and Mr. Brady told him that they didn’t figure out a volume and they intended to re-establish the slope reasonably as it is. He said they will keep any nourishment within the property lines of the right of way. In response to a question from Ms. Dower, Mr. Brady said that any nourishment material will be imported.
Mr. Lind asked Mr. Brady if they had thought about fiber rolls or jute mesh on the bank and Mr. Brady said they had not at this time. He said there would be four helix anchors on each platform and they measure 6'x8'. He said they are trying to keep the stairway as close as possible to the existing stairway. He said they will be driving the pilings from the existing stairway.
Helen Valovcin, an abutter to the right of way, said she thinks the proposal is abhorrent and that the more work they put into this stairway the worse it is going to disturb the environment there. She claims to be the owner of the right of way itself and Mr. Hoerle told her that he believes that she needs to get legal counsel as the Conservation Commission has no means of adjudicating this claim.
Mr. Brady said he would like the Commission to vote. He said the plan is to create minimal disturbance to install the stairway and then move them as needed.
There were no further comments and Mr. Hoerle closed this hearing.
Mr. Smith MOVED approval with Order of Conditions 1-18, 19, 20, 21, 25, 27, 29, 33 the entire area under the stairway shall be revegetated yearly with American Beach Grass 12" on center between the months of March and May, 35. Mr. Kelleher SECONDED the Motion.
SO VOTED UNANIMOUSLY.
Mr. Lind presented an Administrative Review for Rising, 520 Samoset Road, for a well
re-location 90' form Jemima Pond. It was Deputy Merrill opinion that this would not adversely impact the resource.
Mr. Murley MOVED to ratify this AR and Mr. Smith SECONDED the Motion.
SO VOTED UNANIMOUSLY.
Mr. Lind presented another Administrative Review, this one for Fucci at 39 Cranberry Lane. He told the Commission that the applicant is in the process of finishing the septic system and is proposing to cover the elevated leaching area. He said that the trees which will be removed will be replanted.
Mr. Murley MOVED and Mr. Smith SECONDED the Motion to ratify this AR with the condition that the number and placing of the replanted trees be approved by Mr. Lind.
SO VOTED UNANIMOUSLY.
Mr. Lind presented an Administrative Review for the floats at Wiley Park. He said that this is not a dock per se but a float and as such doesn’t require a Chapter 91 permit. However it does require a Ch 91 section 10A permit for a moored float. When a private landowner applies for a 10A permit for a swimming dock from the Harbormaster the permit which is issued states that it shall be made of untreated materials so the standard is all untreated material.
Mr. Lind explained that the Town of Wellfleet has floats constructed by the Harbormaster using spruce and then painted. He showed photos of the floats and said he looked at them earlier in the day. He said there is an initial cost benefit but they may have to be replaced more often and some maintenance will be needed.
Mr. Smith suggested using native pine instead of spruce. He said that native pine is half the price. He said that spruce is kiln dried on the surface and native pine, being air dried, has the same moisture content as the air so it will drain and not puddle. He suggested building the floats so that all the wood is out of the water.
Mr. Kelleher MOVED and Mr. Smith SECONDED the Motion to ratify this AR specifying untreated lumber be used entirely.
SO VOTED UNANIMOUSLY.
Mr. Lind reminded the Commissioners that the Annual Meeting of MACC was Saturday,
the third of March.
There was no further business and Mr. Smith MOVED adjournment. Mr. Kelleher SECONDED the Motion at approximately 9:50 P.M.
SO VOTED UNANIMOUSLY.
Respectfully Submitted,
Kay Stewart-Greeley,
Clerk
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