EASTHAM CONSERVATION COMMISSION
26 June 2007
MINUTES
PRESENT: Stephen Smith, David Hoerle, Glenn Collins, Judith Williams, Dennis Murley.
STAFF PRESENT: Deputy Natural Resources Officer James Gallagher, Conservation Clerk Kay Stewart-Greeley.
ALSO PRESENT: Nancy K. Haley, Tim Brady of East Cape Engineering, Inc., Seth Wilkinson of Wilkinson Ecological Design, Stephanie Sequin of Ryder & Wilcox, Inc., Dana Gould, Suzanne F. Goodrich, Kathy and Dick Phillips, Marie Coppi.
Chairman Collins opened the meeting at 7:06 P.M.
Ms. Williams MOVED and Mr. Smith SECONDED the Motion to approve the Minutes of
22 May 2007.
SO VOTED UNANIMOUSLY.
Deputy Gallagher reviewed the Fire Management draft for the Commissioners. He explained that it is application for a grant which shows what actions will be taken from the comprehensive plan. He said he was looking for input from the Commissioners as to how they feel about such things as controlled burns and fuel reduction methods.
Chairman Collins said the Fire Management Plan came in front of the Open Space Committee relative to trail management. He said this grant application goes a step further in that it is specific to Wiley Park. Deputy Gallagher said this is the first step. Ms. Williams commented that there is tremendous damage in Wiley Park from the 2005 storm and Deputy Gallagher said the dead stuff would eventually be removed.
Mr. Murley said that the National Park Service has been doing this for the last four to five years and have been making some defendable lines, mainly along the Herring River in Wellfleet and the education aspect is a big part of it. He said he doesn’t think there would ever be a controlled burn of Wiley Park, but Cottontail Acres would be a good candidate.
Deputy Gallagher said that Dave Crary of the National Seashore is involved and this is the actual application for the grant and a condensed version of the complete plan.
Mr. Hoerle asked if there were “No Smoking” signs in Wiley Park and everyone agreed that this would be a good idea.
Deputy Gallagher said it is in draft mode now and Mr. Murley said he thinks that much of it is beyond the scope of the Conservation Commission but that they could give a conditional approval with a mandate that any activities be reviewed by the Natural Resources/Conservation office before implementation.
Chairman Collins said that one thing that concerned the Open Space Committee was the amount of trees that the plan talked about taking down at Cottontail, Wiley and Nickerson.
Mr. Murley MOVED conditional approval with the condition that the Natural Resource/Conservation office be consulted before any activities commence. Mr Hoerle SECONDED the Motion.
SO VOTED UNANIMOUSLY.
7:17 P.M. Notice of Intent filed by Lucetta Williamson, 25 Eastham Ave., Map 10, Parcel 205.
Chairman Collins announced this hearing. There was a request for a Certificate of Compliance for this site for Order of Conditions SE 19-942. This was for the same type of project but expired in 2005.
Deputy Gallagher showed photos of the site. He said the original Order had been amended from a snow fence to a sand-drift fence. The photos showed the site to be a well-vegetated bank.
Mr. Hoerle MOVED and Mr. Smith SECONDED the Motion to issue a Certificate of Compliance for DEP SE 19-942.
SO VOTED UNANIMOUSLY.
Tim Brady was present for the applicant and explained that since the previous Order of Conditions had expired the applicant wanted to be able to nourish the toe of the bank and maintain the sand-drift fence which is there. He said the only glitch is that the property directly in front of the existing house is Crest Avenue which is a Town-owned way. He said that is not a Conservation issue however. He said that Crest Avenue was originally a private way but was taken in 1959 and is now a Town way. He said that the only difference on the revised plan is that it shows that the part of the land seaward of the house is owned by the Town so that stabilization is not on the applicant’s property.
Deputy Gallagher asked Mr. Brady to note the proper fencing on the plan and to make sure that the material of the sand-drift fence is non-treated.
There were no further comments and Chairman Collins closed this hearing.
Mr. Murley said that typically an Order of Conditions is issued for three years and MOVED to approve this proposal with Conditions 1-18, 19, 20, 21, 25, 27, 29, 31starting with “All sand shall be clean.......”, 33, 34, 35, 36, 38 must be approved by the Eastham Board of Selectmen. Mr. Smith SECONDED the Motion.
SO VOTED UNANIMOUSLY.
7:30 P.M. Notice of Intent filed by Florence Lee, 7 West Shore Drive, Map 7A, Parcel 005.
Chairman Collins announced this hearing. Mr. Brady was once again the applicant’s representative. He said the plan is very busy. He said this is a proposal to take down an existing cottage and replace it with a new building. He said they have tried to improve the existing conditions as much as possible relative to the building and the septic system. He said the septic system is shown in the northeasterly corner of the property which is the best locations under the regulations and the well will be re-located to the southeasterly corner. He said they will be requesting Variances from the Board of Health to look at the septic issue and there will be a meeting on 28 June.
Mr. Brady said the deck will be removed and the structures will be moved back Twenty feet (20'). He said there will be a temporary limit of work line to remove the deck and then it will be moved to the top of the bank for all of the construction of the new building. He said a full foundation is proposed. He said the existing building is old, old, old, and really close to the ground and the land going toward the street rises up a little bit so moving the building will raise it. He said there are no plans to eliminate the driveway.
Mr. Brady continued to say that there are pretty good sized trees on this site that will have to be taken down but there is no reason that other trees can’t be planted along the property line. He said that all re-planting will be with plants which are native to the area and there will be no lawns.
Mr. Brady said that the proposed building has been moved away from the southerly property line where it is not within the zoning setbacks. He said an alternative septic system is proposed One foot (1') from the Top of the Coastal Bank. He said the site is small and tight but not a lot different from other projects that they have done and the proposal has some improvements with regard to the septic upgrade and the location of the building.
Deputy Gallagher showed photos of the site. He said it is a cramped, very tight,
well-vegetated spot with a Cherry tree growing very near the house. He said that the plan shows immediate re-vegetation of the area where the deck now exists and he pointed out that this will be very important to accomplish immediately. The photos showed the house currently sitting on pilings. Deputy Gallagher said that vegetation is a concern and if there is going to be an outdoor shower it should drain into a dry well. He said that with the Phase 2 limit of work there should be a special condition stating
that the second limit of work should be clearly marked. He said he has had calls from neighbors concerned about the height of the proposed building.
Mr. Hoerle asked that if, in excavating for the foundation, they could be as judicious as they possibly can not to dig out some of the root systems. Tim said he would try to see that the root systems and stumps are left in place.
Mr. Murley commented that it looks like every square inch of this heavily-vegetated property will be eliminated.
Ms. Williams requested a comparison of the existing square footage with the proposed square footage. Mr. Brady said it is about the same. He said that the existing square footage of the existing house is 892 sf. and the proposed first floor is 880 sf. and this plan will also need to have site plan review. Ms. Williams said the Commission will need some kind of re-vegetation plan. Mr. Brady said that pretty much everything is going to have to come down but thinks the benefit of moving the building away from the top of the bank is worth it. He said they can flush cut the Cherry tree. He said that when they do a proposal they first look at the septic regulations and locate the septic system, then they look at the well location and then the building location. He said there is Sixty-Five feet (65')
from the proposed well to the proposed septic system.
Mr. Smith commented that if the house is not moved it will only be a couple more storms before it is lost.
Chairman Collins said that a planting plan will be needed which specifically identifies what is going to be put where and Ms. Williams and Mr. Smith agreed.
Mr. Murley said that the deck can almost be removed by hand so the limit of work can be made tighter. He said that with the well installations and excavating for a full foundation that the storage the removed sand often happens in all possible corners. He asked if it could be used to nourish the bank below or get stored where the septic system will go. He suggested tightening up the limit of work as far as the digging goes and have a spot on site where the sand is stored.
Mr. Smith said he observed a lot of snow fencing and steel pipe driven into the bank. He said the bank at the site to the north with the house with a new foundation got nourished and the site to the south appears to be nourished. He suggested nourishing the bank with the available sand after cleaning up the snow fence and pipe which is there now. He said the deck can be removed by hand and that will help the bank and cause less damage.
Chairman Collins reminded Mr. Brady that there should be no irrigation system and drought-resistant plants should be used for planting. He said that any outside shower should drain into a dry well.
After a request by Mr. Brady, Mr. Murley MOVED and Mr. Hoerle SECONDED the Motion to continue this hearing until 24 July 2007
SO VOTED UNANIMOUSLY.
Nancy Haley, an abutter, requested to speak from the floor so Mr. Smith MOVED to
re-open the hearing and Mr. Hoerle SECONDED the Motion.
SO VOTED UNANIMOUSLY.
Chairman Collins apologized for the oversight of not asking for public comment.
Ms. Haley said that she has access to her propane tank and septic system along the property line and would like to be assured that they will be able to get to this area.
There being no further comments Chairman Collins closed the hearing.
Mr. Hoerle MOVED and Mr. Smith SECONDED the Motion to continue this hearing until 24 July 2007.
SO VOTED UNANIMOUSLY.
8:05 P.M. Request for Amended Order of Conditions filed by Dana Gould, DEP SE 19-328, end of Cove Road, Map 18, Parcel 050A.
Chairman Collins announced this hearing. Seth Wilkinson of Wilkinson Ecological Design was present and Mr. Gould was in the audience. Mr. Wilkinson told the Commission that Mr. Gould had asked for assistance with a fairly early stage of infestation of Phragmite at the end of Cove Road. He said there is still a salt marsh community in amongst the Phragmite but it will not survive unless the Phragmite are taken care of.
He said that with a small patch like this the most effective way to begin treatment would be by wiping with a 2% Glyphosate-based herbicide (approved for use in wetlands) directly to the stem using a cotton glove saturated with herbicide solution. He said that generally the species can be eradicated within two years. He said the initial application would be applied in July with repeat treatment to persistent stalks in August and in early September. He said he would like to follow-up with treatment for at least a year afterward.
Deputy Gallagher showed photos of the site and said his only concern is how many years continuous treatment might be needed. Mr. Hoerle asked if Deputy Gallagher thought there should be a time limit imposed. Deputy Gallagher said he is not an expert and doesn’t know.
Mr. Wilkinson said that the only reason for ongoing maintenance would be along the property line and if they want to keep it out of their property it may have to be addressed at the border to the adjacent lot.
Mr. Murley said this project could be in conjunction with the other projects of this type and perhaps there could be an annual report with a site meeting scheduled in 2009. He said that he thinks it’s great that some people are taking on these projects and doesn’t think there has been any success other than with this broad-based herbicide. He said that this method was used at Sandy Neck when the infestation was about this size. He continued that he considers this to be the perfect site so he wholeheartedly endorses the project.
Ms. Williams expressed her concern about the herbicide getting into the water at this site and Mr. Wilkinson said that fortunately the application is about 97% water with a very small amount of chemical.
Mr. Hoerle asked if the chemical combines with the plant fiber in such a way that it retains the chemical and Mr. Wilkinson told him that the chemical prevents the plant’s ability to photosynthesize.
There were no comments from the floor and Chairman Collins closed this hearing.
Mr. Hoerle MOVED approval with a condition for an annual report and a site visit in 2009. Mr. Smith SECONDED the Motion with a note that Condition #26 of the original Order of Conditions does not apply to the Amended Order of Conditions.
SO VOTED UNANIMOUSLY.
8:21 P.M. Notice of Intent filed by Robert G. & Gretchen P. Robinson, 18 Asparagus Lane, Map 19, Parcel 036.
Chairman Collins announced this hearing. Stephanie Sequin of Ryder & Wilcox, Inc. was present for the applicants, along with the builder, Tim Luff.
Ms. Sequin told the Commission that this house sits on land with Cape Cod Bay way off in the distance from the house. She said there is a barrier beach with a dune and closer to the house is the salt marsh and the Inner Cape Cod Bay A.C.E.C. She said it is Land Subject to Coastal Storm Flowage with the velocity zone at elevation 15'. She said the existing house is a five-bedroom, single-story house with a walkout basement. She said the septic was upgraded in 1996.
Ms. Sequin said that in 2006 a plan was filed to allow for an addition on the northeasterly corner of the house, construction of a screen porch and second-floor additions. She said that after getting Conservation Commission approval the applicants started working with Mr. Luff and the Building Inspector and they came to a point where it was much more feasible to tear down the existing house and start from scratch to allow for things such as breakaway panels in the foundation.
She said that the proposed building is more or less in the same location as the existing building. She said it is a larger building Twenty-Five feet (25') from the marsh to the edge of the deck. She said the proposed foundation is Thirty-Five feet (35') from the edge of the marsh, the same distance as the one which was approved last year. She said the new building will be two stories with a room above the garage. She said the house will be going from five bedrooms to four bedrooms. She said the proposed garage will encroach on the existing septic system so it will be replaced. She said there is a pump chamber on a lower level, very close to the resource area and the A.C.E.C which they will be eliminating and installing one at a higher level. She said that Variances will be necessary. She
said that Variances were granted for the existing system in 1996 and the new ones are not that different from the ones that were granted. She said the driveway will remain pervious and a timber retaining wall will have to be removed and replaced around the proposed leaching field. She said the previously-approved plan included a “No Mow” zone adjacent to the A.C.E.C. and that remains the same.
Deputy Gallagher showed photos of the site and his first concern was the location of the A.C.E.C. He said he spoke with the Mass A.C.E.C. Coastal Coordinator and she verified that it is the 10' contour so it is accurate. He said that the majority of the house, excluding the garage, would be within Fifty foot (50') A.C.E.C. line. He said his next concern is the man-made berm which exists at the site. He said he dug through some old files and couldn’t determine if it was approved or not. He said another concern is the path which goes right through the A.C.E.C. and from the Minutes of 2006 there was talk about letting the path grow in a little bit. He said another concern is the proposed removal of the Cedar trees. He said there is an outside shower, conditioned in 2006 to be directed into a dry
well and said they do have a catch basin. He said he has had some calls from neighbors with concerns about their wells and the proximity to the proposed septic system.
Chairman Collins said regardless of what was approved previously, this is a brand new project and he feels that the Conservation Commission needs to look at this proposal very critically.
Mr. Hoerle commented that it’s obvious that the path through the A.C.E.C. has been mowed. He said it is a clean cut. Ms. Sequin asked if it would be ok to leave her path and not mow it. She said they need a way to get to the water.
Mr. Murley said that when there is a proposal for a modest addition on a pre-existing structure such as the proposal which predated this proposal, the Commission tries to work with applicants. He said that this proposal is for new construction in the Buffer Zone to the A.C.E.C. which is considered to be a resource. He said that this project, if approved as presently proposed, would be the biggest development ever allowed in the Buffer Zone to the A.C.E.C. He said it looks as though there is a lot of room to squeeze and move back and thinks that his initial reaction would be to disallow any addition of square footage. He said the proposal goes from a modest structure to a very large one.
Ms. Williams agreed with Mr. Murley and said she thinks it is too big. Mr. Smith said he thinks the limit of work line is too general. He said if it were an addition it could be done from within. He said he would have to condition this proposal so that it would have to be taken down by hand. He suggested putting the proposed building on pilings. Mr. Luff said some of it would be on pilings. Mr. Smith said the proposal decreases the bedrooms but increases the square footage.
Mr. Smith commented that given the nature of the area, a footprint plan does not tell enough. He said there will be an obvious need for re-vegetation so a landscape plan will be necessary and he feels the Commission needs a lot more information in order to be able to make a decision.
Mr. Murley said that under two guises this proposal exceeds the allowable standards. Ms. Sequin said that the previously-allowed addition was not significant to begin with and Mr. Smith reminded her that an addition can be done from within. Mr. Murley said he was not on the Commission at the time the addition was approved. He said he would have opposed it then and is not changing his mind.
Chairman Collins asked for comments from the floor. Mr. Richard Philips, an abutter, said that his main concern is for their well and said he wondered whether all the new construction and digging etc. would have any impact on the quality of their well water which is, he said, outstanding. Mr. Philips also wondered if the pine trees on the lot line would survive.
Ms. Sequin said the corner of the lot with the Pine trees is one corner which is not being disturbed so the pines will stay where they are. She said they will not be excavating into the ground water elevation and they are not decreasing the separation between the proposed septic system and the Philip’s well. She said they are hoping to keep everything at least as good as it is now and perhaps improving it. She said that based on the septic plan from 1996 the water is at elevation Four feet (4') which is Eight feet (8') below the level at the walk out so it is a good Four feet (4') below the footings.
Chairman Collins commented that the man-made berm is cutting through the A.C.E.C. boundary and Mr. Murley said he thinks that it may go back one hundred years and he doesn’t feel it is a plus or a minus. He said he sees the retaining walls as more of a problem as this is probably a prime Diamondback Terrapin nesting area. He said this would be a chance to limit the retaining wall to the smallest size they could.
Chairman Collins suggested making the septic design a little narrower and Ms. Sequin said this is as creative as she could get with the septic design and maintain One Hundred feet (100') from other systems. She said this location is the only spot to maintain the distance from other wells.
Ms. Sequin said they are as far to the south as they possibly can be, but the Commission is talking about making the house smaller and yes, she could shrink the house design.
Mr. Smith said that the proposed garage on the plan is 19' x 27' and asked what was the intended use. He said if the idea is to leave a car in there off season, then why not cut the size down to house just one car. Mr. Luff said it could be cut down in size. Mr. Smith said that would be a very easy way to gain about ten feet of footage. He continued to say that what the Conservation Commission is looking for is that the applicants realize the special situation of the land and not to give up building altogether, but to realize that major concessions need to be made.
Mr. Luff said the first things to look at would be pulling it back and then looking at the area around the screened-in porch which is closest to the A.C.E.C. and see if they can live without it. He said construction methods for the previously-approved addition would be more costly than taking the house down and fairly invasive as well, so it was not a simple project. He said it would have been very costly as well.
Marie Coppi of 10 Asparagus spoke from the floor saying that she feels this is a huge project and she is not very happy with it. She said that the proposal is for two floors where there is now a modest one-floor house and two stories will cut their view of the beach.
There was discussion about what to do about the pathway and Mr. Murley suggested leaving it as a non-maintained foot path. There was also discussion about the deck and perhaps cantilevering it.
Ms. Sequin asked for some clarification relative to square footage and if they were being asked to maintain the existing square footage on the site. Chairman Collins said that was correct and the Commission was also asking that the construction be pulled back from the A.C.E.C.
Mr. Murley said the Commission had tried to address all concerns but approval is not guaranteed and the Commission definitely needs a landscape plan and a tightening up of the limit of work. Mr. Smith suggested Five to Eight feet ( 5' - 8') for a work limit around the building and said that a Bobcat could work in that area really simply.
Ms. Sequin requested a continuance until 24 July 2007. Mr. Hoerle MOVED and Mr. Smith SECONDED the Motion to continue this hearing until 24 July 2007.
The Commissioners re-signed the Paine Order of Conditions. The signature sheet was accidentally destroyed.
The Commissioners reviewed and approved the Special Conditions for Elliott.
9:25 Request for Certificate of Compliance, Thomas, DEP SE 19-1264, 245 Mary Chase Road, Map 18, Parcel 081A.
This Certificate was requested by Russell A. Holden, Jr. of Ryder & Wilcox, Inc.
Deputy Gallagher showed photos of the site. There was no discussion and Ms. Williams MOVED to issue a Certificate of Compliance. Mr. Smith SECONDED the Motion.
SO VOTED UNANIMOUSLY.
9:30 P.M. Request for Certificate of Compliance, Decker, DEP SE 19-154, 360 Windjammer Lane, Map 19, Parcel 088.
This request was from Schofield Brothers of Cape Cod. Deputy Gallagher showed photos of the site. He said when he was at the site he observed a small brush pile with some logs in the back and it has been removed. It was suggested that a letter be sent to the new owner stating that this is a protected area.
Chairman Collins said that the new owner would like him to do some landscape work for her and Deputy Gallagher said she should call him.
Ms. Williams MOVED to issue a Certificate of Compliance for SE 19-154. Mr. Smith SECONDED the Motion.
SO VOTED UNANIMOUSLY.
9:40 p.m. Administrative Reviews:
Deputy Gallagher presented an Administrative Review application Robert and Cecelia Scanlan, 716 State Highway, Unit 4, to install a drywell for backwash for a domestic water filtration system. It was MOVED by Mr. Hoerle and SECONDED by Mr. Smith that a Request For Determination of Applicability should be filed.
SO VOTED UNANIMOUSLY.
Deputy Gallagher presented another Administrative Review application for Meint Olthof, 435 Herringbrook Road, Map 14, Parcels 003 & 005. Mr. Olthof has a shed presently but wanted to move it farther away from the house. Deputy Gallagher showed photos of the site.
Chairman Collins said he thinks this should be a Request for Determination of Applicability. Deputy Gallagher said the shed would be about Fifty-Five feet (55') from the Top of the Bank and he can’t quite tell where the A.C.E.C. line is but it would be outside Fifty feet (50') but within One Hundred feet (100').
Mr. Hoerle MOVED and Mr. Smith SECONDED the Motion for the applicant to file a Request for Determination of Applicability.
SO VOTED UNANIMOUSLY.
Chairman Collins read an announcement about the Americorps Graduation.
There being no further business, Mr. Hoerle MOVED and Ms. Williams SECONDED the Motion to adjourn at approximately 9:50 P.M.
SO VOTED UNANIMOUSLY.
Respectfully Submitted,
Kay Stewart-Greeley,
Clerk
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