EASTHAM CONSERVATION COMMISSION
12 June 2007
MINUTES
PRESENT: Stephen Smith, David Hoerle, Glenn Collins, Judith Williams, Terry Kelleher, Dennis Murley, Leah Dower
STAFF PRESENT: Deputy Natural Resources Officer James Gallagher, Conservation Clerk Kay Stewart-Greeley.
ALSO PRESENT: David Lyttle of Ryder & Wilcox, Inc., Kay Feist, Donald K. Munroe of Coastal Engineering Co., Inc., Laura Schofield of Schofield Brothers of Cape Cod, Loretta Nielsen of 1651 Arboretum, Keith Gazaille of Aquatic Control Technology, Inc.,
PRESENT BUT NOT SIGNED IN: Tim Brady of East Cape Engineering, Inc., Joan Sullivan, Liz Simmons, Mark Powers, Director of Eastham Beach & Recreation.
Chairman Collins opened the meeting at 7:00 P.M.
After a couple of minor corrections, Mr. Murley MOVED approval of the Minutes of 22 May 2007 and Mr. Smith SECONDED the Motion.
SO VOTED UNANIMOUSLY.
The Commissioners discussed two letters which were received relative to a mooring on Herring Pond. It was agreed that this is a Harbormaster issue and Mr. Murley commented that the Conservation Commission has never been consulted on the mooring regulations or specifically on moorings. He said that this is an area with a fairly stable water level and thinks it would be a huge leap for the Conservation Commission to even comment on this.
Kay Feist spoke from the floor. She said that unfortunately, the mooring is right in front of her house. She said that the Town of Wellfleet has prohibited moorings on Gull Pond. She said that historically, there have never been any moorings on Herring Pond.
Ms. Feist was given a copy of the Town of Eastham Mooring Regulations which do not recite any restriction of moorings on Herring Pond. She said she was directed to the Conservation Commission by the Town Administrator’s secretary.
7:17 P.M. Continuation of Hearing on 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 that this hearing be continued until 10 July 2007.
Mr. Hoerle MOVED and Ms. Williams SECONDED the Motion to continue this hearing until 10 July 2007.
SO VOTED UNANIMOUSLY.
7:20 P.M. Requests for Certificates of Compliance, Salt Pond Associates,
DEP SE 19-1013, SE 19-1165, SE 19-1216.
David Lyttle of Ryder & Wilcox, Inc. was present and reviewed these requests. Regarding SE 19-1013, no work was ever done. Regarding SE 19-1165 Amended & SE 19-1216, a site visit was held after the last meeting on 23 May with Mr. Lyttle, Tim Kent, the landscaper, Chairman Collins and Deputy Gallagher. It was discussed that Mr. Kent had purposely over planted the Red Cedars because he was aware of the condition for a Ninety Percent (90%) survival rate and the over planting would account for possible mortality. Mr. Kent had submitted a list showing what was actually planted compared to what the plan called for. The Order of Conditions specified survival after two growing seasons and this is the first year.
The location of the propane tank was reviewed. Deputy Gallagher said the tank is roughly 100' from the bank and since it is propane any leak of gas would travel into the air and not leach down; thus, the Coastal Bank would not be impacted. He said the mulch was discussed and it was agreed that the mulch serves the purpose of keeping moisture for the plantings.
Chairman Collins said he thinks that the wording in the conditions about mulch should be changed. He said that there are a lot of native plants which will help the habitat.
Mr. Murley said that he did not care for the idea of moving the parts and pieces of a building that were not originally approved and that someone has continued to trim on the property. He said that at some point a viewing corridor should be established on the property and this would allow the trees to gain some height. He said that the condition prohibiting underground fuel tanks does not apply to propane tanks but it should have been part of the original proposal. He said that things adding up like this don’t make the Conservation Commission very happy. He also said that he thinks there is too much mulch acting as groundcover.
Mr. Kelleher commented that the Commission is “going to have to start stepping on those who don’t follow the Orders of Conditions”.
There were no further comments and Mr. Hoerle MOVED to issue a Certificate of Compliance for DEP SE 19-1013. Mr. Kelleher SECONDED the Motion.
SO VOTED UNANIMOUSLY.
Mr. Kelleher MOVED to issue a Certificate of Compliance for DEP SE 19-1165. Ms. Williams SECONDED the Motion.
SO VOTED UNANIMOUSLY.
Mr. Murley MOVED and Mr. Smith SECONDED the Motion to issue a Certificate of Compliance for DEP Se 19-1216 with Conditions #27 & #31 to be ongoing and that an inspection relative to the survival of Red Cedars shall take place in the Fall of 2008. Also, that a letter be sent along with the Certificate stating that any further trimming must be approved by the Conservation Commission.
SO VOTED UNANIMOUSLY.
7:45 P.M. Continuation of Hearing on Notice of Intent filed by Wendy Kelly, 24 Salt Marsh Way, Map 17, Parcel 087.
Chairman Collins announced this hearing. The Commissioners reviewed the revised plans which Mr. Brady had provided. Mr. Brady reviewed the proposal for the construction of a new house and said that they looked at moving the building into the northeast corner as much as possible to get it Fifty feet (50') out of the A.C.E.C. He said it is Seventy-Nine feet (79') from the edge of the marsh to the deck at it’s closest point, Fifty-Eight feet (58') from the Top of the Bank and the limit of work is Fifty feet (50') from the top of the bank.
He said that the well location stayed the same. He said they did all they could and the building will be as close to the street as zoning allows it to be. He said it is Thirty-One feet (31') from the right-hand sideline and Thirty feet (30') is the minimum.
Deputy Gallagher said he had no new or different comments on the proposal.
Chairman Collins thanked Mr. Brady for working with the Commission and listening to them and attempting to get to their thinking on the project. He said he had spoken with the Building Inspector and there is a chance that a variance could be issued and Mr. Brady said he got a similar opinion from an attorney. Chairman Collins said he feels that Mr. Brady had tried to answer the Commission’s request.
Mr. Hoerle reinforced Chairman Collins comments and told Mr. Brady he was a “paragon of virtue”.
Mr. Murley said that everything the Commission asked for has been addressed. He said he believes strongly in the A.C.E.C. by-law and the wording that there be no impact. He said that this is not an absolute, but it is on new construction. He said that he thinks that this area is “one of the jewels of Eastham” and thanked Mr. Brady for working with the Commission.
There were no further comments and Chairman Collins closed this hearing. Mr. Hoerle MOVED to approve this proposal with Order of Conditions 1-19, 20, 21, 22, 23, 24, 26, 27, 28, 29, 35, 38 that the limit of work shall become the “No Mow” zone delineation, that no grass or lawn shall be planted and that there shall be no trimming without further Conservation Commission review. Mr. Smith SECONDED the Motion.
SO VOTED UNANIMOUSLY.
8:08 P.M. Continuation of Hearing on Notice of Intent filed by the Town of Eastham Parks & Recreation Department, Wiley Park swimming area.
Chairman Collins announced this hearing. Keith Gazaille of Aquatic Control Technology, Inc., was present for the applicant and Mark Powers, Beach & Rec Director was in the audience.
Mr. Gazaille explained that the Recreation Department is concerned with the excessive amount of rooted vegetative material in the swimming area and have contracted Aquatic Control Technology to remove this material. He said their management strategy would be to use a mechanical hydro-raking program in a specific area. He said the hydro-rake is like a floating backhoe. He said it is not a dredging process but a vegetation removal technique.
He said they would launch the hydro-rake over the pond beach access road, stockpile the removed vegetation and then truck it to an upland disposal site. He said that turbidity usually stops within twenty-four (24) hours and that they have added a floating turbidity curtain to contain dislodged plant fragments and limit the migration of suspended particulates.
Deputy Gallagher showed photos of the site and said that one thing to consider is that a mat was laid down to prevent vegetation growth so that mat would have to be removed. He said the mat was placed in 1989. Also, he said that some kind of monitoring program should be considered. He said that the herring are running from March to November so that needs to be taken into account and there should be some kind of boom to catch any oil or hydraulic leakage.
Mr. Gazaille said that the hydro-rake operates on vegetable-based hydraulic fluid but the operators have spill-containing booms as standard equipment.
Mr. Hoerle asked how often this hydro-raking would be necessary and Mr. Gazaille said that on average the control lasts three years. He said their intent is certainly to snorkel, if not scuba dive the area to determine the conditions and location of the old mat. He said he had been provided with sketches of the area when the mat was placed. He said that if the mat starts to be unearthed, they will remove it entirely. He said the work is targeted for the Fall to minimize the effects on the Herring Run.
Chairman Collins expressed concern about the mat and the elevation as compared to what is going to be raked. Mr. Powers said that parts of the mat are exposed and rotted away, shredded and pretty much disintegrated. Deputy Gallagher said that the mat was originally weighted with bricks.
There were no further questions and Chairman Collins closed this hearing.
Deputy Gallagher presented proposed conditions 1-19, 20, 21, 22 confined to general swimming area, 27, 33, 38 if at all possible any salvaged material shall be recycled, 39 the mat shall be removed before the hydro-raking process, 40 there shall be monitoring reports provided on a yearly basis, 41 the project shall commence after November 1st and prior to March 1st.
Mr. Hoerle MOVED to issue these conditions and Mr. Kelleher SECONDED the Motion.
SO VOTED UNANIMOUSLY.
8:30 P.M. Issuance of Order of Conditions for Paine under Eastham Wetland
By-law, 550 State Highway, Map 21, Parcel 076 B-R.
Laura Schofield of Schofield Brothers of Cape Cod presented a Mylar to the Commission showing the changes which had been sketched onto the plan at the last meeting regarding this proposal. She said the house is located Forty feet (40') from the Top of the Coastal Bank and they have incorporated a secondary limit of work for after the cottages are removed and the forms are in and backfilled.
Discussion followed about the secondary limit of work and when the original limit of work should be removed. Deputy Gallagher said with the primary limit being on the outside as a visual, the secondary limit should be clearly marked. He said that the limit of work condition in the Order will recite the specifics.
It was voted to accept the revised plan as the plan of record with Ms. Dower abstaining.
8:45 P.M. Issuance of Amended Order of Conditions, Mouchantat,
DEP SE 19-1221, 405 Shurtleff Road, Map 07, Parcel 145.
Don Munroe of Coastal Engineering Co., Inc. was present. He told the Commissioners that he was not the one who presented the original request for the Amended Order of Conditions and there was some confusion about an elevated walkway.
Mr. Murley said that this issue was debated and this is a coastal bluff with glacial deposits where there will never be a blowout as in a dune area.
There was discussion about a roll-out walkway and Mr. Murley suggested formalizing the path by slightly trimming the area.
It was MOVED by Mr. Kelleher and SECONDED by Mr. Smith to approve a
three-foot-wide path to the top of the stairway and issue the Amended Order of Conditions.
SO VOTED UNANIMOUSLY.
9:03 P.M. Request for Certificate of Compliance, Fucci, DEP SE 19-1136, 39 Cranberry Lane, Map 13, Parcel 060.
Chairman Collins read a letter from Russell Holden of Ryder & Wilcox, Inc. requesting a Certificate of Compliance and outlining a slight deviation to the gravel driveway, enclosing a photograph of same. A gravel turnout was added to the north side of the existing driveway near the northeast corner of the dwelling.
Deputy Gallagher showed photos of the site. He said that the Cherry tree looks reasonably pruned and he pointed out that the septic mound is vegetated. He said there is above-ground irrigation, an outside shower and an air-conditioning unit.
Ms. Williams commented that she thinks this is an example of people working together to reach a compromise and MOVED to issue a Certificate of Compliance for this project. Mr. Smith SECONDED the Motion.
SO VOTED UNANIMOUSLY.
9:10 P.M. Deputy Gallagher presented an Administrative Review to the
Commissioners for the installation of a dry well to filter iron from water at the Resko residence at Shore Gardens. He told the Commissioners that he did not feel comfortable passing this proposal as an Administrative Review and asked whether they would like Mr. Resko to file a Request for Determination of Applicability or a Notice of Intent.
Mr. Murley MOVED and Mr. Smith SECONDED the Motion that a Request for Determination of Applicability be filed for this proposal.
SO VOTED UNANIMOUSLY.
There was some discussion about air-conditioning units on concrete pads and whether this constituted an increase of footprint. It was agreed that this could be considered no more than a large rock and didn’t need conditioning by the Commission but that it would be desirable for this to be included on plans if possible.
There being no further business, Mr. Hoerle MOVED and Ms. Williams SECONDED the Motion to adjourn at approximately 9:30 P.M.
SO VOTED UNANIMOUSLY.
Respectfully Submitted,
Kay Stewart-Greeley,
Clerk
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