EASTHAM CONSERVATION COMMISSION
22 May 2007
MINUTES
PRESENT: David Hoerle, Glenn Collins, Judith Williams, Terry Kelleher, Dennis Murley, Steve Smith.
STAFF PRESENT: Deputy Natural Resources Officer James Gallagher.
ALSO PRESENT: David Lyttle of Ryder & Wilcox, Inc., Peter Ridley, Gary Kersteen, Gail Peterson, Ann Ridley, Peter Coneen, Wendy Kelly, Loretta Neilsen, Shirley Lotuff, Caroline Marshall-Smith, Patrick O’Neill, Laura Schofield of Schofield Brothers of Cape Cod, Attorney William Riley, Tim Brady of East Cape Engineering, Inc.
Chairman Collins opened the meeting at 7:00 P.M.
The Minutes of 8 May 2007 were reviewed. The Motion was made and seconded to approve the Minutes of 8 May 2007 with minor corrections.
THE VOTE WAS 5 IN FAVOR WITH MR. SMITH ABSTAINING.
MOTION CARRIED.
Deputy Gallagher pointed out that a re-vote was necessary on the actions taken at the meeting of 10 April 2007, as the meeting was not posted with the Town Clerk’s office.
It was moved and seconded to approve the actions taken at the 10 April 2007 meeting.
SO VOTED UNANIMOUSLY.
Deputy Gallagher presented the Commissioners with a change in plans submitted by FELCO, Inc. for 55 and 65 Piper Lane, Flaherty, DEP SE 19-1271.
After review, Mr. Hoerle MOVED to accept the revised plan and Mr. Smith SECONDED the Motion.
SO VOTED UNANIMOUSLY.
7:15 P.M. Request for Determination of Applicability filed by Christina Lawson, 145 Cole Road, Map 13, Parcel 070.
Chairman Collins announced this hearing. David Lyttle of Ryder & Wilcox, Inc. described the project along with Peter Coneen, the designer. They felt there would be little damage in the Flood Zone. Deputy Gallagher pointed out some concerns, particularly with what the floor of the breezeway would consist of and the trees that would have to be moved. He said that there is also some debris and spillage of concrete around the back. Mr. Lyttle said that they have spoken to the contractor and the debris will be removed.
Mr. Murley pointed out that the natural area along side of the road should be maintained with natural plantings and a “No Mow” zone be delineated. Mr. Murley and Mr. Hoerle said that the Cedars to be moved will probably not survive and recommended that new Cedars be planted instead. All six Cedars will be replaced. Mr. Collins also wanted the “No Mow” zone to be the whole area East of the garage.
Mr. Hoerle MOVED a Negative Determination for Reason #3 and Mr. Kelleher SECONDED the Motion.
SO VOTED UNANIMOUSLY.
7:37 P.M. Notice of Intent filed by Wendy Kelly, 24 Salt Marsh Way, Map 17, Parcel 687.
Chairman Collins announced this hearing. Tim Brady and Peter Coneen were present for the applicant. They explained to the Commission that the proposed house will be a full Fifty feet (50') from the road. They said it’s a flat lot so that the construction should be completed without having to do a great deal of re-grading. A large tree will remain there but will have to be limbed.
Deputy Gallagher agreed that it is a flat lot, but there is an ACEC area close by. He questioned how the driveway would work with a future garage. Chairman Collins asked for Commissioner’s comments and Mr. Murley suggested that a conversation should take place with the Zoning Board about having the house closer to the road and farther away from the marsh. He also suggested pulling in the Limit of Work on the project.
Mr. Brady pointed out that this is not a huge house for the size of the lot. Chairman Collins suggested that the house be moved around on the lot to move it back from the marsh. Mr. Brady asked for a few minutes to discuss this with his client.
Deputy Gallagher read a letter from Aquatic Control Technology, Inc. requesting a continuation for the hearing scheduled for 7:45 P.M. for the Town of Eastham Parks & Recreation Department for control of nuisance vegetation at the Wiley Park swimming area. A Motion was made and seconded to continue this hearing until 12 June 2007.
SO VOTED UNANIMOUSLY.
The Commissioners reviewed a revised plan for Reilly, 35 Cedar Lane. Mr. Murley MOVED and Mr. Smith SECONDED the Motion to accept this revised plan as the Plan of Record for DEP SE 19-1272.
SO VOTED UNANIMOUSLY.
8:00 P.M. Notice of Intent filed under the Eastham Wetlands Bylaw by Robert & Sheila Paine, 550 State Highway, Map 21, Parcel 076B.
Chairman Collins announced this hearing. Laura Schofield and Attorney William Riley were present for the applicants. This is an appeal based on the prior denial of this project. Caroline Smith was in attendance as a stenographer. Chairman Collins pointed out that Commissioner Murley was not at the prior hearing. Attorney Riley said that was not a problem. Ms. SCHOFIELD had applied for and received a Superceding Order from DEP and this hearing is under the Eastham Bylaw only.
Ms. Schofield explained the project. She said the house has been pushed back Five feet (5') farther from the coast than was in the original proposal. She said a vegetated buffer strip will be planted along the coast. She said the driveway is designed so that there is positive control over stormwater runoff. She said she addressed prior concerns that the driveway would collect highway runoff, but said that it is designed so that this will not be a problem. She said that a paved driveway is the best surface for that control. Ms. Schofield also talked about an included invasive species management plan as well. Following the previous denial, a Superceding Order of Conditions was issued. She said that she hopes it will be approved under the Town Bylaw because three septic systems will be eliminated
and there will be temporary and ongoing erosion controls.
Deputy Gallagher reviewed some of the problems the Commission had with the prior application. Mr. Hoerle made some suggestions regarding the lack of variety of the plantings and also that the house could be re-designed to move it back farther. Ms. Schofield said the applicants would prefer not having to re-design the house.
Mr. Murley noted that the large driveway area is not balanced by the mitigation areas. Mr. Kelleher said that the Commission is interested in seeing a project such as this at least Fifty feet (50') back from the Coastal Bank and Mr. Smith commented that the removal of the septic systems is not a bargaining point as real estate transfer would require that the old systems be removed. He also made other suggestions as to how to make the plan have less impact on the environment.
Ms. Williams noted that incursion into the Buffer Zone is allowed when there is no alternative. Chairman Collins pointed out some potential problems with the pitch of the driveway. Ms. Schofield said that the berm is designed to account for that. Attorney Riley said that they were willing to increase the mitigation area to offset the amount of land used for the driveway. Mr. Hoerle re-stated that he would prefer that the project be re-designed to move the house farther back. Attorney Riley spoke with his client who said he was willing to move the house back to Forty feet (40') from the Coastal Bank. Mr. Smith said that the mitigation area then could be increased.
Chairman Collins asked whether the Commission could move ahead with the project and the principals went out for consultation.
Mr. Brady told the Commission that he had re-configured the plan for Kelly, 24 Salt Marsh Way, and asked for a continuance until the next meeting to present the new plan. Mr. Murley requested that the ACEC be considered in the re-configuration.
Mr. Hoerle MOVED and Mr. Kelleher SECONDED the Motion to continue this hearing until 12 June 2007.
SO VOTED UNANIMOUSLY.
Deputy Gallagher presented an Administrative Review for a Title 5 upgrade at 5 Burnley Way. The system is outside the 100' Buffer Zone. Patrick O’Neill, the owner, was present to explain that they would like to re-pave the driveway, which is in the 100' zone. Deputy Gallagher said that he would recommend hay bales. He feels that the work as described will not impact the resource area. Mr. Hoerle asked whether there could be a lip around the driveway away from the resource to catch any runoff. Mr. O’Neill agreed to that idea.
Mr. Kelleher MOVED and Ms. Williams SECONDED the Motion to ratify this Administrative Review.
SO VOTED UNANIMOUSLY.
Ms. Schofield and Attorney Riley returned with a re-configured plan for the Paine proposal and asked for comments. Chairman Collins asked for a Motion to approve the marked-up plan. Mr. Murley asked whether the applicant would be willing to have a line of demarcation for separating the “No Mow” zone. The applicant agreed to that.
Mr. Hoerle MOVED approval with Order of Conditions 1-19, 20, 21, 22, 23, 24, 26, 27, 28, 29, 30, 33, 35, 37 no chemical treatment of the driveway for snow or ice removal. 38 the Superceding Order of Conditions from DEP will be made part of this Order of Conditions. Mr. Smith SECONDED the Motion.
THE VOTE WAS 5 IN FAVOR 1 OPPOSED.
MOTION CARRIED
Request for Certificates of Compliance, Salt Pond Associates, 32 Tomahawk Trail, Map 025, Parcel 016, DEP SE 19-1013, SE 19-1165, SE 19-1216.
David Lyttle of Ryder & Wilcox, Inc. was present and pointed out some changes that occurred from the originally approved plan. Deputy Gallagher said the project was essentially in compliance.
Mr. Murley commented that the mulch applied does not qualify for a natural area. A conversation ensued regarding the topping of the Cedars. Mr. Lyttle said that some of the Cedars were to be cut and replaced. Mr. Kelleher said that some of the new Cedars are not surviving and that there has been further trimming of the older trees. Mr. Lyttle said that whichever Cedars are dying will be replaced.
Chairman Collins read the Orders of Conditions and there was discussion as to whether the property is in compliance. He said he would like to speak to Mr. Lind regarding this. Mr. Hoerle and Mr. Gallagher will meet with Mr. Lyttle on site. Mr. Lyttle asked for a continuance of this review and said a site visit will be planned.
It was MOVED and SECONDED to continue this review.
SO VOTED UNANIMOUSLY.
Chairman Collins explained that there was a request to write another cover letter for the Ridley Certificate of Compliance asking that the wording be changed to say that the revetment must be lowered if more than 50% of the revetment needs to be re-built at any one time. Deputy Gallagher said he would bring this request to Officer Lind’s attention
There was no further business and Mr. Hoerle MOVED to adjourn at approximately
10:00 P.M. Mr. Kelleher SECONDED the Motion.
SO VOTED UNANIMOUSLY.
Minutes taken by
Judith Williams.
Transcribed and Respectfully submitted by:
Kay Stewart-Greeley,
Clerk
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