PRESENT: Glenn Collins, David Hoerle, 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: Sandy Bayne, Christian Norgeot of Anchor Marine, Inc., Joy Cuming and Dennis Minsky of Architects Studio Ltd., Gordon Peabody of Safe Harbor, Tim Brady of East Cape Engineering, Inc., Mr. & Mrs. Ralph Lang, David Lajoie of FELCO, Inc., Larry Greeley.
Chairman Collins brought the meeting to order at 7:00 P.M.
Sandy Bayne of the Eastham Pond Stewards program was present and explained the group’s Initiative Petition for Funding for Pond Study Supplies/Sample Analysis which will be presented at Town Meeting in May.
She said the group has been doing pond sampling on a volunteer basis for six years and have run out of funds. She said that twenty volunteers have been sampling ten ponds for nitrogen, phosphorus, clarity and temperature with the goal of understanding and measuring the effect of human activity on the nutrification process in these ponds. She said the goal is to protect the quality of natural resources and recreation, the quality of groundwater and the quality of our coastal waters.
She said that nutrification happens because of excess phosphorus as is happening in Long Pond in Harwich and what it is doing to the ponds it is doing to our groundwater. She said that the Massachusetts Estuary Project will take into account the effect ponds have in the attenuation of nitrogen from groundwater, keeping it from flowing into coastal waters. She said healthy ponds can attenuate more lessening the financial burden on the town for remediation of nitrogen.
Ms. Bayne said they are looking forward to the 2007 sampling season. She said they got some money to review five years of data from the Cape Cod Community Foundation and the Assembly of Delegates but they have no funds for analysis of future samples. She said that chemical analysis has been done through grants over the past years. She said the National Seashore provides sampling at a very reduced rate of $35 and the County’s rate is $53. She said that the reason this is being presented as an Initiative Petition is that she thought there were going to be funds forthcoming, but there will not be.
She showed a map of the ponds to the Commissioners and told them that Herring Pond is the worst followed by Great Pond, Muddy Pond, Minister Pond and Schoolhouse Pond, Widow Harding and Depot.
Ms. Bayne said she is hoping that the Conservation Commission will support the program and perhaps show their support at Town Meeting.
Chairman Collins said he thinks it is a terrific program. Mr. Hoerle asked if there was anything the Commission could do to show it’s support and Mr. Murley said the Commission should take a vote of endorsement. Ms. Bayne presented the Commission with a copy of Bill #S536 to ban dish washing detergent which contains phosphorus.
Mr. Murley MOVED to wholeheartedly endorse this program as very important and cost effective and Mr. Hoerle SECONDED the Motion.
SO VOTED UNANIMOUSLY.
7:15 P.M. Request for Determination of Applicability filed by Patricia Flaherty, 55 & 65 Piper Lane, Map 12, Parcels 265 & 266.
Chairman Collins announced this hearing. David Lajoie of FELCO, Inc. was present for the applicant and explained that the site abuts Moll’s Pond. He said it is an existing dwelling and the owners want to sell the property, thereby necessitating a septic upgrade. He said it is positioned such because of the location of the house and trying to maintain the distance to the Bordering Vegetated Wetland. He said it is a simple project with no changes to the building proposed.
Officer Lind showed photos of the site with a very steep slope, pretty well vegetated with ivy and a fairly dense forest. He said the leach field is way up the hill. He said that when he was at the site he noticed that the site next door did have an alternative system. He said he checked with the Health Agent who told him that the next door site needed variances from the Board of Health which triggers the necessity of an alternative system. Mr. Lind said that this site will not require variances so it will be able to go with a simple system. He said that the Limit of Work is pretty conservative but thinks he would suggest staked hay bales and that close attention be paid to same.
Mr. Murley asked Mr. Lajoie what the average cost of putting in an enhanced de-nitrification system is and Mr. Lajoie said the cost is around $10,000. He said the FAST system is the cheapest and that runs about $6,500.
Mr. Kelleher expressed concern about how they would get equipment into the area without tearing out the whole hillside. Mr. Lajoie said there is a little bit of a path but that some trees will have to come out. He said they will try to take that into consideration. Mr. Kelleher said he thought it might be easier to come through the neighbor’s yard. Mr. Lajoie said that possibility had not been explored.
Chairman Collins said he was surprised that this application was a Request for Determination of Applicability and not a Notice of Intent as this is a pretty serious project in a sensitive area. He said he feels there are a lot of issues with erosion and planting and anything that is done is going to create erosion. He said he feels it is a little more than a Request for Determination.
Officer Lind said that it is indeed a very difficult working environment and that one plus of a Notice of Intent and a subsequent Order of Conditions is that and Order must be recorded and a Certificate of Compliance would not be issued until everything was done as it had been conditioned.
Mr. Smith said an access path will make a flume right into the pond. Mr. Lajoie asked what the Commission would like to see for re-vegetation and Mr. Murley said there is a native trees and shrub list that they can use to re-vegetate and that perhaps this might be a good place for a short retaining wall.
There were no further comments and Chairman Collins closed this hearing. Mr. Hoerle MOVED a Positive Determination for Reason #3 and Mr. Smith SECONDED the Motion.
SO VOTED UNANIMOUSLY.
7:35 P.M. Request for Determination of Applicability filed by Richard Bishop, 47 Longstreet Lane, Map 10, Parcel 342.
Chairman Collins announced this hearing. Tim Brady of East Cape Engineering, Inc. was present for the applicant and explained the proposal for a septic upgrade. He said the area where the septic is going is relatively level and densely vegetated. He said the project will require removal of some vegetation from the street back to where it is going in. He said they will need a variance from the Board of Health because the leaching area will be less that 100' to the Top of the Coastal Bank at 78'. He said the dwelling is a two-bedroom cottage and will remain a
two-bedroom cottage.
Officer Lind showed photos and said the area is very well vegetated to say the least. He said the area is fairly flat with mostly Beach Plum vegetation. He said his concern is that hay bales be used for the Limit of Work and regarding re-vegetation. Mr. Brady responded that obviously, Beach Plum would be the best thing to re-vegetate with.
Mr. Murley inquired about the distance from the house to the lot line and Mr. Brady said it was approximately 25'.
There were no further comments and Chairman Collins closed this hearing. Mr. Murley MOVED and Mr. Kelleher SECONDED the Motion for a Negative Determination for Reason #3.
SO VOTED UNANIMOUSLY.
7:45 P.M. Notice of Intent filed by Ralph Lang, 275 Corliss Way, Map 21, Parcel 041.
Chairman Collins announced this hearing. Mr. Brady was the applicant’s representative for this hearing also. Mr. and Mrs. Lang were in the audience.
Mr. Brady explained that the original Order of Conditions had expired. He said it was originally conditioned in 1995 and at that time it was considerably more involved. He said that the garage was in poor condition and was re-built and that an addition was done and that now the deck needs to be constructed. He said that the concrete piers have been poured and gravel placed. He said the area is all quite stable and the deck and retaining wall need to be completed.
Officer Lind said this property came to his attention in November 2006 when work was observed at the site and an Enforcement Order was issued to re-file a Notice of Intent because all time had elapsed. He showed photos taken in November 2006. He said the owner was directed to cease and desist and hay bales were installed. He said that gravel was installed with a layer of plastic underneath, so work continued to proceed after the Stop Work was issued and now a new Notice of Intent has been filed.
Mr. Lind continued that most of the area has been lawn for thirty years and maintained as lawn for the duration of the Wetland Protection Act. He said it is stable with no significant amounts of erosion. He said there are drainage pipes which need to be addressed. He said there are some stakes at the site which indicate where the proposed retaining wall would be located.
Mr. Brady said he would like to add that the stone and concrete were added after the Enforcement Order was issued to stabilize for the Winter after speaking with then Deputy Merrill, so it was not done without knowledge after the issuance of the Enforcement Order.
Mr. Hoerle said his concern is that the property to the left of this site has some Cedar trees and this property is totally devoid of any buffer strip at all. He said that it is his feeling that as long as the Commission is addressing this proposal he would like to ask for some long-term possibilities of restoring the buffer to a more natural environment.
Mr. Brady said the owners would like to keep it as is and that is how it was when it was approved in 1995. He said there is no ongoing erosion at the site and he doesn’t feel that would be appropriate. Mr. Hoerle replied that he thinks it is extremely appropriate to mitigate the potential for runoff. Mr. Brady said that the applicants don’t fertilize, don’t intend to fertilize and don’t have a lawn sprinkler.
Mr. Murley asked if the informal looking driveway was for construction purposes and Mr. Brady said he was correct. Mr. Murley asked if the retaining wall would be two to three feet high and Mr. Brady said this was correct.
Mr. Kelleher asked if the original Order issued in 1995 called for the downspouts to be connected to dry wells and Mr. Smith said it would be nice to see some vegetation to catch runoff from Corliss Way etc. He said he understands the owners’ perspective but doesn’t think it would hurt. Mr. Collins said he agreed that it would be good if the applicant could come up with some sort of buffer strip.
Mr. Brady said that the owners want to keep what they have and he doesn’t see any problems at the site for the particular need for added buffer zone. Mr. Hoerle replied that what he is asking for is a consciousness raising so that we all become better stewards of the environment.
Mr. Brady asked the Commission to vote on the proposal they had.
Mr. Murley said he thinks it is a fairly modest proposal but how about establishing a “No Mow” zone or some plantings to the east of the shed that will tie into the neighboring property and that would not affect their view and might maximize it.
Mr. Brady said they could allow that area to naturalize and said the Langs are open to that. Mr. Brady drew an area on the plan that would be allowed to re-vegetate.
Mr. Murley repeated that the downspouts need to get put into dry wells.
There were no further comments and Chairman Collins closed this hearing.
Mr. Murley MOVED approval with Order of Conditions 1-18, 19, 20, 21, 22, 23, 24, 25, 26, 27, 29, 37 as defined on plan. Mr. Murley said he thinks that with full-length gutters and the retaining wall and the area completely covered with deck that the plastic is OK. Mr. Smith SECONDED the Motion.
SO VOTED UNANIMOUSLY.
8:20 P.M. Continuation of Hearing on Notice of Intent filed by Amy Gussack and Kermit Moyer, 50 Vandale Circle, Map 15, Parcel 80.
Chairman Collins announced this hearing. Present for the applicants were Joy Cuming and Dennis Minsky of Architects Studio Ltd. and Gordon Peabody of Safe Harbor. Mr. Peabody said he tries to create site-specific mitigations and several questions were left hanging at the last meeting.
Mr. Peabody went on to say that he met with Mr. Lind at the site to go over specifics and that Ms. Cuming had produced a more detailed plan. He said the Timber Tech decking is engineered to drain with slots in it for drainage. He said that Ms. Cuming did some research on the post for the deck and came up with a marina-grade type of post. He said the other question was a “No Mow” zone and they came up with an area which he thinks is between 1,000 to 3,000 square feet which would become a “No Mow” zone. He said there is also a turn around for a wheelchair at the very end of the walkway. He said they would cut and drip the Phragmites and move the Wisteria.
Mr. Murley said he really likes the “No Mow” zone and asked how they would delineate it. Mr. Peabody said there would be a low split-rail fence one course high.
Mr. Lind showed photos of the site and said it appears to be quite manageable.
Mr. Hoerle said he had a technical question and asked how they proposed getting all the Wisteria roots. Mr. Peabody said they will make an honest effort to try and remove it.
Mr. Kelleher asked when all the other work got done at the site, i.e. replacement of windows etc. and Ms. Cuming said the builder had gotten a permit. Mr. Peabody said he was not happy with the builder and had spoken with him.
Chairman Collins commented that he enjoys seeing these representatives come before the Commission as they are usually well-prepared and very careful etc.
There were no further comments and Chairman Collins closed this hearing.
Mr. Kelleher MOVED approval with Order of Conditions 1-18, 19, 20, 21, 22, 23, 24, 25, 26, 29, 37. Mr. Smith SECONDED the Motion.
SO VOTED UNANIMOUSLY.
8:40 P.M. Request for Certificate of Compliance, Ridley DEP SE 19-1210, 16, 18, 20 Sherwood Road, Map 13, Parcels 133 A-R, 133 B-R, 133 C-R.
Chairman Collins reviewed a letter from FELCO, Inc. requesting this Certificate which addressed Conditions which were as yet not complied with regarding elevation, planting and sand replacement.
Officer Lind explained that this site is three properties which were the old Smith Cottages which had annual sand nourishment for years. He said that at the hearing there had been a fair amount of discussion relative to the height. He said that in the Minutes there was discussion about 14.5' elevation and the 16' elevation. He said it is confusing because the approved plan shows elevation 16' and the Order of Conditions specifically says that the top of the stone shall be at elevation 14.5'. FELCO’s letter requesting the Certificate says that the elevation is 16' and Mr. Lind said he is trying to reassemble what exactly happened as it is unclear.
He said that one thought is that the goal was to try to match the sandbags to the north and it is unclear whether the sandbags go up that high or not since it has been covered with sand. Mr. Lind showed photos of the site and said there is also no sand-drift fence installed in front of the revetment as shown on the approved plan. He said that discussion pretty much focuses on the height of the wall and how to resolve that and the installation of a sand-drift fence in front.
Chairman Collins asked for Mr. Lind’s input in that the plan identifies the top of the wall at 16' but the meeting Minutes talk about 14.5' and the Order of Conditions specifically says 14.5'. He went on to say that it appears to be a well-built wall with plenty of sand.
Mr. Murley said he would not suggest that the wall be taken apart for a difference of two feet and thinks the way to handle this is to make a note that upon any further work down the road that this shall go back to the 14.5' elevation. Mr. Kelleher said he agreed with Mr. Murley.
Chris Norgeot of Anchor Marine, Inc. said that the owners have elected not to put in the sand drift fence since they have the rock wall. He said he met with then Deputy Merrill at the site and pointed out that he staked the 16' elevation because that’s what was on the approved plan.
Mr. Hoerle commented that he felt the sand-drift fence was a mitigating influence in building the revetment. He said adding a sand-drift fence gives the potential of re-building some of that beach area.
Officer Lind commented that it appears as though the sand-drift fence was going to offset the construction of the revetment and in this case a sand-drift fence might be good. He said that it was former Deputy Merrill’s understanding that the process would be to request an Amended Order to request a variance from the Order of Conditions because the Conservation Commission would be unable to issue a Certificate of Compliance.
Mr. Smith MOVED to issue a Certificate of Compliance which addresses that any future work would restore the height to the 14.5' elevation. Mr. Kelleher SECONDED the Motion.
SO VOTED UNANIMOUSLY.
9:07 P.M. Officer Lind told the Commissioners that Mark Powers, Recreation Director, had
come to speak with the Commission about the floats at Wiley Park. At the last hearing the Commission had approved an Administrative Order for the floats with the stipulation that they be made of non-pressure treated materials.
Chairman Collins asked for Mr. Power’s comments and Mr. Powers said that the present floats have been there for 15 years are in really bad shape and they have been appropriated some funds to re-build the docks. He said a lot of chemicals have been taken out of pressure-treated timbers since the advent of ACQ. He said the floats are only in the water for eight weeks. He said the idea is to replace what they have within the budget. He said one of the issues is the cost factor and he came looking for recommendations from the Commission. He said they have looked into some alternatives and they all have their downfalls.
Officer Lind showed photos. Mr. Smith said it all depends on the engineering and if time is taken to seal the end grain. He said that ACQ is very corrosive to fastenings and Mr. Kelleher said the fastenings have to be powder coated when using ACQ.
Discussion followed regarding the fact the Eastham Wetland Bylaw says pressure-treated wood may not be used. Mr. Smith suggested native, undried pine, red or white oak or locust.
9:30 P.M. Approval of Minutes
Mr. Kelleher MOVED approval of the Minutes of 27 February 2007 and Mr. Smith SECONDED the Motion.
SO VOTED UNANIMOUSLY.
Officer Lind presented an Administrative Review application for Ron Peterson for installation of a well at 105 Bridge Road. He said the well at this location has failed.
Mr. Murley MOVED and Mr. Kelleher SECONDED the Motion to ratify this Administrative Review.
SO VOTED UNANIMOUSLY.
Officer Lind told the Commissioners that the Natural Resources Department had an inquiry on Northwest Street relative to clearing toward a bog and whether it was appropriate or not. He said that Deputies Gallagher and O’Connor went to the site and took photos which he showed the Commission. He said there was Gravely work and limbing in some places less than 50' from the bog and that it was clearly being done to get a view. He said the work actually extended onto other people’s property and an Enforcement Order was sent out with a non-criminal citation for $200. He said the owner lives in California.
There was brief discussion about an upcoming nourishment seminar that Jim O’Connell of WHOI will be presenting. Mr. Murley said Peter Markunas, formerly of Coastal Engineering Co., Inc. now of the Woods Hole Group, was going to be presenting a workshop in Wellfleet about offshore mining of sand for nourishment.
Officer Lind told the Commissioners that he had received the final Wildfire Management Plan for Wiley Park and would be bringing it to the Open Space Committee. He said it calls for education of property owners, removal of fallen stuff and creating staging areas and safe zones for firefighters.
He said that the County Land Management grant for the bridge at Wiley is being re-worked into trail management and the bridge will not be constructed with County monies.
Mr. Lind said that it strikes him as incongruous that the Conservation Commission is producing so much paper every two weeks to distribute in the Commissioners packets and asked the Commissioners if they thought it would be reasonable to distribute the information electronically. At least one of the Commissioners does not have a computer. Mr. Lind asked them to think about it.
There was no further business and Mr. Kelleher MOVED adjournment. Mr. Smith SECONDED the Motion at approximately 9:50 P.M.
SO VOTED UNANIMOUSLY.
Respectfully Submitted,
Kay Stewart-Greeley,
Clerk
cc: Town Administrator
Town Clerk
Board of Selectmen
Planning Board
Building & Health
Library
| 
