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Conservation Commission Minutes 04/10/07
EASTHAM CONSERVATION COMMISSION
10 April 2007



PRESENT:        Glenn Collins, David Hoerle, Steve Smith, Terry Kelleher, Dennis Murley.

STAFF PRESENT:  Natural Resources Officer Henry Lind, Deputy Natural Resources Officer Jim Gallagher.

ALSO PRESENT:   Tim Brady of East Cape Engineering, Inc., Jason Price.

Chairman Collins brought the meeting to order at 7:00 P.M.

Me. Kelleher MOVED and Mr. Smith SECONDED the Motion to approve the Minutes of
27 March 2007.

SO VOTED UNANIMOUSLY.

Chairman Collins presented a plan for the Bridge over the run at Wiley Park for review.  He said he had met with the PACE committee earlier in the day.  Discussion followed about trail maintenance and design.

7:15 P.M.       Notice of Intent filed by Christopher & Bette Ann Anderson, 20 Teal Way,
Map 17, Parcel 505.

Chairman Collins announced this hearing and read a letter from Coastal Engineering Co., Inc. requesting a continuance.  It was MOVED by Mr. Hoerle and SECONDED by Mr. Kelleher to continue this hearing until 24 April 2007.

SO VOTED UNANIMOUSLY.

7:20 P.M.       Request for Change of Plans, Price, DEP SE 19-1132, 420 South Sunken Meadow Road, Map 04, Parcel 050.

Tim Brady of East Cape Engineering, Inc. was present along with the owner, Jason Price.  Mr. Brady distributed a revised plan to show more plantings in the Bordering Vegetated Wetland.  He explained that the deck is bigger and there is a change in the kitchen wall.

Officer Lind showed photos and suggested that to the North is all lawn and could be left alone to compensate for the changes.  Mr. Brady said the area is a higher elevation and would not necessarily be wetland.  Mr. Hoerle said that any activity has an impact and he would like to add to Officer Lind’s comment to naturalize the back section.  Mr. Price commented that the proposed
revision is based on some yard space for small children and asked that the Commissioners allow the modifications.

Mr. Murley said he had concerns about the A.C.E.C. designation and the Bordering Vegetated Wetland line.  Mr. Brady said he identified the Tupelo as the resource and the A.C.E.C. boundary is at or near the edge of the Tupelo stand.  The proposed work would not impact area designated as ACEC.

Mr. Murley said the retaining wall may impact the Diamondback Terrapin and asked if the wall had to be as big as proposed.  Mr. Brady suggested that it is not a Board of Health design but that Mr. Price prefers the wall rather than a graded slope.

Mr. Kelleher said he was not happy with the stone patio going into the 50' buffer.  He said he was not comfortable with the extent of the change in the size of the deck.

Mr. Smith said he would like to see a smaller deck and the side entrance to the kitchen could be smaller.  He commented that he thought it was very “Connecticutish” to see an all wrap-around deck and the insects would not allow you to sit on the deck in the evening.  He suggested smaller deck at entry points.

Chairman Collins commented that when a plan is approved it is the result of much negotiation and when it comes back a year later with many changes which pick away at the negotiations it is perplexing to the Commission.  He said he has a problem with the stone work and the deck size and a give back of the lawn area is one option but it is still an onerous proposal.

Mr. Brady commented that the project didn’t start until late Fall so in terms of the time frame in is timely in that sense.

Chairman Collins asked if the dry-laid patio was completely necessary.

Mr. Hoerle said he agrees that the layout is nice but it is very tender land and anything which can be done to pull back and reduce the impact will be better.

Mr. Murley asked Mr. Brady and Mr. Price about reducing the deck and bringing the patio outside of the 50' buffer.  He said he is concerned about pushing the original 50' “No Mow” zone back into a 25' zone.  He said the deck is less important than losing the existing “No Mow” zone.  Mr. Price said he did not understand that the 50' was as rigid as it is.  He asked for a ten minute recess to consider the matter.

Request for Extension, Carroll DEP SE 19-1132, 35 Pilot Road, Map 11, Parcel 364.


Chairman Collins read a letter from Richard Carroll requesting an Extension of the above Order of Conditions.  There was no discussion and Mr. Hoerle MOVED to grant a one-year Extension for DEP SE 19-1132.  Mr. Smith SECONDED the Motion.

SO VOTED UNANIMOUSLY.




Administrative Review, Bishop, 280 Windjammer Lane, Map 19, Parcel 079.

Deputy Gallagher presented this AR for the installation of a well.  He showed photos and described the location of the proposed well and the wetlands.  He recommended access from the right side of the house as viewed from the street.

Mr. Kelleher MOVED and Mr. Hoerle SECONDED the Motion to ratify this Administrative Review.

SO VOTED UNANIMOUSLY.

8:15 P.M.       Resumption of Price Request for Change in Plans.

Mr. Brady and Mr. Price returned and proposed bringing the “No Mow” zone back 15-20' for an area of circulation and taking off a piece of the deck with a catwalk along the back side connecting the two sides of the deck.  This would be pushing back 5-10' from the original proposal and leaving the back section to naturalize.  They said they would like to set the area on site with the agent and Commissioners.

Mr. Hoerle said the Commission is trying to preserve the maximum possible and he appreciates the proposal.  Mr. Murley said this would approach what he would like and Mr. Kelleher also said that this would be preferable to the original proposal.  Mr. Smith agreed that this revision would be better.  Chairman Collins suggested taking out the hardscape over the 50' line and leaving a small piece of the deck.

Mr. Brady said he would re-draw two sets of plans for final approval and arrange an on-site review.

Mr. Murley MOVED to approve the agreed-upon changes and Mr. Kelleher SECONDED the Motion.  

SO VOTED UNANIMOUSLY.

8:30 P.M.       Request for Change of Plans, Greller(formerly Jones), DEP SE 19-1242, 245 Harmes Way, Map 01, Parcel 106.


Mr. Brady was present for this proposal also and explained that the existing well on another property is not suitable for year-round use.  He said the owner would like to keep the original well for Summer use but install a new well for Winter operation.

Mr. Hoerle asked about revegetation and Mr. Brady said the well driller will use a vehicle as it is about 15' off the driveway and this will not have a serious impact.

Mr. Murley asked that Mr. Brady draw a 10'-wide access corridor for the limit of work on the plan, which Mr. Brady did.

There was no further discussion and Mr. Hoerle MOVED to approve the change of plans.  Mr. Kelleher SECONDED the Motion.

SO VOTED UNANIMOUSLY.

Deputy Gallagher gave the Commissioners a review of the combined meeting regarding beach nourishment which he attended in Wellfleet.  He said regional plans for nourishment projects are being considered.  He said this would require transport pathways, sources of sand, benefits, a feasibility study, plans, permits and funding.

There was discussion about beach issues such as the tire removal from Sparrow Road and other activities of contractors on the beach this year.

Officer Lind reminded the Commissioners about the seminar on 4 May at WHOI.

The proposal for distributing electronic packages was not agreeable to the Commissioners as several members are without INTERNET access..

The issuance of an Enforcement Order for 85 Northwest Street was reviewed.  Six Pines were removed with ground stumps and gravely work obvious.  The owner contacted Deputy Gallagher and claimed ignorance.  He said he will file a Notice of Intent and contact the other property owner but did not mention the citation which was issued.

There was no further business and Mr. Smith MOVED adjournment.  Mr. Kelleher SECONDED the Motion at approximately 9:00 P.M.

SO VOTED UNANIMOUSLY.

Minutes taken by
Natural Resources Officer Lind,
Transcribed and Respectfully Submitted,
                        
Kay Stewart-Greeley,
Clerk                                                                   


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