EASTHAM CONSERVATION COMMISSION
24 April 2007
PRESENT: Glenn Collins, David Hoerle, Steve Smith, Terry Kelleher, Dennis Murley, Judith Williams.
STAFF PRESENT: Natural Resources Officer Henry Lind, Deputy Natural Resources Officer Jim Gallagher.
ALSO PRESENT: John Schnaible of Coastal Engineering Company, Inc., Lindsay Strode of Cape Organics, Tim Brady of East Cape Engineering, Inc., Mr. & Mrs. Jon Reilly, David Lajoie of FELCO, Inc.,
Chairman Collins brought the meeting to order at 7:00 P.M.
Mr. Kelleher MOVED and Mr. Smith SECONDED the Motion to approve the Minutes of
10 April 2007.
SO VOTED UNANIMOUSLY.
7:15 P.M. Notice of Intent filed by John Reilly, 35 Cedar Lane, Map 21, Parcel 056.
Chairman Collins announced this hearing. Tim Brady of East Cape Engineering, Inc. was present for the applicant. He presented plans for a low-impact walkway rather than walking on the grass. He said the walkway was raised from the original plan which was too close to the ground. He said the owner proposed to cantilever the platform on the end to preclude material from getting into the water. He said that a possible change to the plan would be to lower the outermost section to allow it to be closer to the water.
Deputy Gallagher showed photos of the site adjacent to a private way to the water.
Commissioner Hoerle asked how many other properties were adjacent to the site. Mr. Brady said there were two including the right of way. He said that the right of way is an easement but it is owned by Mr. Reilly. Commissioner Murley asked about joining with the neighbors. Mr. Brady said there are Phragmites on the right of way so they kept it away from the Phragmites. Mr. Murley commented that destroying Phragmites is a good thing.
Chairman Collins wondered about interference with users of the right of way. Mr. Brady said it is consistent with the use patterns that are currently in effect. Discussion followed about the use of non-treated lumber. Chairman Collins commented about other docks which are constructed of oak and spruce.
Mr. Kelleher said he is happy with the idea of not destroying marsh grass and the only drawback would be if the applicants come back in a couple of years requesting expansion to a longer dock. Mr. Smith wondered if it could be conditioned that the length not be extended.
Mr. Hoerle said he would like to reinforce that no treated lumber be used and Mr. Smith suggested several alternative woods that are not toxic and vendors of wood that is suitable. Mr. Murley suggested the use of 6" or 8" lumber with a 3/4" space between planks. He said he would like to condition this for access above Mean High Water rather than have steps up and over.
It was determined that storage of kayaks would be up the hill near the house.
Mr. Hoerle MOVED approval with Order of Conditions 1-18, 19, 20, 21, 22 2' on either side of the structure with piles installed by barge or by hand with string and stakes marking the limit, 25, 27, 33 & 34 and Mr. Kelleher SECONDED the Motion.
SO VOTED UNANIMOUSLY.
7:41 P.M. Notice of Intent 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. This Notice was filed after a positive Determination of Applicability.
Mr. Lajoie described the access route and the description of the work area for the contractor. He said that no significant regrading was anticipated.
Deputy Gallagher showed photos of the site showing the staked off access route. Some young White Pines and deceased Pitch pines will need to be removed. There are also some Oaks present. Deputy Gallagher pointed out the trees that could be saved. There are sensitive and steep slopes with lots of Ivy.
Chairman Collins read a letter into the record which was faxed by an abutter to the property, Karen Pierson of 3 Fairview Ave., commenting on the plan and reviewing her problems with a construction project at 5 Fairview Ave. which resulted in a mess when the slope slid down the hill because there were no erosion control measures. She asked that which trees are to be removed and which are to be saved be clearly delineated and followed up with re-vegetation.
Commissioner Hoerle asked how wide the limit of work was. Mr. Lajoie said the limit of work is 12' wide. The Commission reviewed the photos again and asked that the White Pies be saved by removal and replacement. It was determined that the Oaks would have to be removed. It was suggested that there be an on-site meeting with the contractor before the start of work to plot his route. Mr. Lajoie said the owner did not want to approach the neighbor about access through their property.
Mr. Kelleher commented that if the applicant did go to the neighbor, only one tree would have to be removed and asked about re-vegetation. Mr. Hoerle suggested five two-gallon shrubs and three 4' tree saplings. Mr. Murley commented that any septic upgrade is a good thing and it is probably not necessary to force a lot of re-vegetation at this site as it is already heavily vegetated.
Officer Lind asked about storage of the excavated soil as the tank and pump chamber are installed and Mr. Lajoie said it will be up the hill near the house. He said that both may be concrete tanks although the pump chamber could be plastic.
Mr. Hoerle requested a re-vegetation plan and told Mr. Lajoie the Commission could provide a list of native species.
Chairman Collins said a pre-construction meeting would be essential and that jute mat on the access would help stabilize the area in the event of a rain storm. Mr. Hoerle said he would welcome a pre-construction meeting.
Mr. Smith MOVED approval with Order of Conditions 1-18, 19, 20, 21, 22, 24, 26, 28, 29, 33 with list, 37, 38 additional jute material on surface during and after construction, 39 pre-construction meeting with contractor, engineer and representative of Commission. Mr. Kelleher SECONDED the motion.
SO VOTED UNANIMOUSLY.
8:00 P.M. Notice of Intent filed by Christopher & Bette Ann Anderson, 20 Teal Way, Map 17, Parcel 505.
John Schnaible of Coastal Engineering Co., Inc. was present for the applicants along with Lindsay Strode of Cape Organics. Mr. Schnaible presented Mr. Strode’s plan for vista pruning of Cedars and Oaks to be trimmed and removed. He said the owners intend to maintain as many trees as possible and have moved features of the construction to preserve trees.
Mr. Strode said he wants to thin the branches in the view corridors which are 3" - 4" or less. He said that the trees are trimmed with a person in a tree using radio communication with person in the house. He said the Pitch Pines are in different stages of decline and he will leave the trunks for nesting. He said that the Eastern Red Cedar will be trimmed to allow survival but so that you can see through it. He said the Wild Grape on the edge of the bank will be managed by surgical trimming and herbicide application to the cut. This will be done over two to three growing seasons. He said that the Bayberry and Arrowwood are being destroyed and as the Grape is removed additional Bayberry and Arrowwood will be re-planted.
Deputy Gallagher showed photos of the site showing 12' stakes along the trees and Oaks near the house to be trimmed. The photos also showed trees outside of the view corridor which had tape on them and the question was whether they were to be removed. The answer was no.
Chairman Collins asked if the construction was described in previous filings. Mr. Schnaible said yes. In response to questioning about the timber retaining wall, Mr. Schnaible explained that the wall is outside of the 100' and was installed to prevent grade change within the area.
Mr. Hoerle asked about human activity in the area and whether this will provide more foot traffic. Mr. Schnaible said it will provide an area for viewing through the trees and not for use.
Mr. Murley asked about the 12' topping which was originally proposed and wanted to know if this had been deleted from the plan. Mr. Strode said this is now a Class II or III trimming with a pole saw which increases the view and airflow through the tree and there will be no topping.
Discussion followed about the benefit of trimming a native Cedar with a philosophical difference of opinion on the subject between Mr. Strode and Mr. Hoerle.
Mr. Murley observed that a peekaboo view is the approach that the Commission has used in the past. He said he did not like the 12' cutoff plan. He said he has heard good things about Mr. Strode’s work.
There was discussion about the view and whether to let the area leaf out before pruning. Mr. Strode suggested taking pictures prior to leafout, then pruning, then taking pictures post-leafout and then fine tuning after a growing season or two and asked if that was reasonable. Mr. Murley said he thought it was reasonable and it’s the way it’s been done in the past.
Mr. Kelleher said he can understand pruning the Grape vines but the view can’t be assessed until the decks are on and you’re standing on them. He said the pictures should be taken from the deck, not the ground.
There was discussion about a phased approach and how the conditions should be written. Mr. Hoerle said the Commission is serving the clients’ needs but they also have to protect the wetlands and he would prefer to wait until leafout and have a second look.
Mr. Schnaible asked if that meant setting an Order of Conditions and waiting until leafout and then doing the work in conjunction with the Commission?
Mr. Smith said the construction won’t be stalled by not trimming. Mr. Murley said that setting an Order now could likely limit the scope and scale of the project and it might be better to continue until a date after leafout to allow more room for decision.
There was a bit more discussion about proceeding or waiting and ultimately, Mr. Schnaible requested a continuance until 12 June 2007.
Mr. Kelleher MOVED and Mr. Smith SECONDED the Motion to continue this hearing until 12 June 2007.
SO VOTE UNANIMOUSLY.
Mr. Strode provided a schematic for open-weave jute stabilization post construction packed under seed with Winter Rye and Oak stakes on vertices using C 125 BN double stitched. He said if you get it tight it will grow up in a week. He said that in an estuarine situation large size mesh is better.
Request for Certificate of Compliance, 90 Log Cabin Road, Map 21, Parcel 006H.
It was noted that the rocks had been removed and a split-rail fence had been installed but there were still shells on the surface. The boat is now outside of the fence. Mr. Kelleher commented that the landscaping cloth is entirely underneath the shell area. The PVC pipe was removed.
Mr. Murley said that mulch and Yucca are not native plantings and checked the Order of Conditions for mention of landscape cloth.
The Commission felt that the applicants had a chance for correcting the situation two years ago and did not. Chairman Collins inquired about an irrigation system which was mentioned in the real estate flyer for the property.
Mr. Hoerle MOVED to deny a Certificate of Compliance. Mr. Smith SECONDED the Motion.
SO VOTED UNANIMOUSLY.
OLD BUSINESS:
Deputy Gallagher told the Commissioners that he had received a letter from the owner of the property on Northwest Street for which an Enforcement Order was issued along with a Notice of Intent. He said the owner paid the fine but that the Notice of Intent was incomplete.
Officer Lind told the Commission that the Certificate of Compliance for the Ridley project which had been issued may not be recorded and the applicant may come back for a change in plans.
Mr. Murley commented that he had been at other Conservation Commission meetings and that the Wellfleet Conservation Commission requires a pre-construction photo and a
post-construction photo file at the expense of the applicant.
There was no further business and Mr. Hoerle MOVED adjournment. Ms. Williams SECONDED the Motion at approximately 9:15 P.M.
SO VOTED UNANIMOUSLY.
Minutes taken by
Natural Resources Officer Lind,
Transcribed and Respectfully Submitted,
Kay Stewart-Greeley,
Clerk
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