EASTHAM CONSERVATION COMMISSION
10 July 2007
MINUTES
PRESENT: David Hoerle, Glenn Collins, Judith Williams, Leah Dower, Terry Kelleher.
STAFF PRESENT: Deputy Natural Resources Officer Jim Gallagher, Conservation Clerk Kay Stewart-Greeley.
ALSO PRESENT: David Lyttle of Ryder & Wilcox, Inc., Keith Johnson of Wilkinson Ecological Design, Christopher W. and Bette Ann Anderson, Lindsay Strode of Cape Organics, Reggie Donoghue of Coastal Engineering Co., Inc.
Chairman Collins opened the meeting at 7:00 P.M.
Mr. Hoerle MOVED and Ms. Williams SECONDED the Motion to approve the Minutes of 26 June 2007.
THE VOTE WAS 4 IN FAVOR WITH ONE ABSTENTION.
MOTION CARRIED.
There was some discussion about re-organization of the Commission. It was decided to wait for all members to be present. Mr. Collins agreed to act as Chairman for this meeting.
7:15 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. Lindsay Strode of Cape Organics and Reggie Donoghue of Coastal Engineering Co., Inc. were present for the applicants who were present also.
There was a site visit held on the 9th of July and the proposed project was discussed. Those present at the site visit took a look at the existing conditions, looked at the view from within the building and discussed alternatives.
Mr. Strode addressed the idea of removing one Oak and more or less poking a hole
through the canopy. He said that behind the Oak in question there is another three to four inch Oak and as soon as the big one is taken down more invasive material will come from the forest floor so there would be ongoing “micro-managed” landscaping, as Mr. Hoerle had referred to it as, and it would require at least as much or more effort. He said he felt that a person with a pole saw coming into the area every other year is nominal compared to someone going in and trying to open that area up. He said he thinks the way to proceed is with judicial pruning.
Deputy Gallagher said that Commissioner Murley came to the same conclusion about the Oak tree and thought the best thing was to take it out and live with it that way for a time and see what happens from there. He said that the hay bales have been replaced at the site and the timbers have been taken out.
Mr. Hoerle said that what concerns him is that when he brought up the Fox Grape, Mr. Strode commented that it was only sugar water. He said he thinks that is an uninformed judgement and that the grape itself and grape extract happens to be one of the most potent antioxidants which exist. He said that it disturbs him when people start making judgements because an invasive species is in their way.
Mr. Donoghue said he thinks this is a minor proposal and thinks it is well thought out and planned.
Mr. Hoerle said that the Fox Grape which exists is not enough to be a problem and in a few years if it were to become a problem the applicants could address it then.
Mr. Donoghue said he thinks that trimming vertical branches and dead branches to create a window through the foliage is a reasonable request. He said it might be possible to construct the deck and have another site visit and that might give a better perspective.
Mr. Hoerle said that the Conservation Commission’s charge is to protect wildlife and wildlife habitat and the applicant’s agenda is to get a view. He said they will have to strike a happy medium. He said the applicants do not have a “right” to a view and need to consider what is there.
Chairman Collins said he doesn’t think that a wholesale vista pruning such as this has ever been allowed during his term as a Commissioner. He said the Commission has allowed pieces or windows, but not of this size.
Mr. Strode said that is exactly what he is proposing. He said he is not talking about removing entire trees and the canopy and cover will still be maintained. He said what they will get is a diffused hole by taking selected branches off in a view corridor. He said that what he has presented is for the Commission to have a very “hands on” approach in overseeing the project.
Mr. Hoerle said the Commission has a “hands off” rule about the first fifty feet of the Buffer and no one belongs in that area. He said that what the applicants are requesting is alien to what the Conservation Commission is about. He said the Commission is willing to give the applicants an opportunity without harassing the environment and without coming back year after year to open the vista. He said he would prefer to find a solution to get a vista and stay out of the area for at least a couple of years.
Mr. Strode asked the owner if he would like to speak to this matter. Mr. Anderson spoke from the floor and told the Commissioners that ever since he developed this land he has tried to do it the right way and he is very interested in protecting the area. He said it isn’t his intent to “whack stuff down” and it would not be “raping the land”.
Ms. Williams said she thought the idea was to ask the occupants to get moved in and get a feel for the place and get a look around and see if it’s not OK as is. She said she thinks this is a great site. She said she agrees with Mr. Hoerle.
Mr. Kelleher said he has no qualms with removing the dead branches or trimming the dead Pear tree. He said that in some respects he likes the idea of taking down the Oak in the center but at the same time he understands Mr. Strode, that if you take the Oak down, the smaller Oak will start growing toward the sun. He said that the Fox Grape takes care of the smaller animals and birds and the bees feed off it. He said it does have a purpose. He said that he hopes some agreement can be reached and when this was first proposed the idea was to wait until the deck was constructed so they could stand on it and look out. He said the deck is still not constructed so they can’t get a true picture of what it is like until they can stand on the deck and see from that vantage point.
Ms. Dower said she understands both sides and definitely thinks there is a lot of dead stuff that can be taken out. She said if that were done it might help. She said the question as she sees it is whether it is better to disturb a large area in a small way or a small area in a large way. She said she thinks that disturbing a small area in a large way is better.
Chairman Collins said he felt it was pretty clear that the Commissioners don’t agree with the proposed phased project.
Mr. Strode said that several Commissioners had mentioned getting the deck completed and asked if they should wait until that is accomplished to make sure that the specific Oak is the one to be taken down.
Mr. Hoerle said that dead branches offer habitat so he feels that removing dead branches is micro-managing an environment. He said to let the environment be what it knows best to be and get just a little bit of the view. He said that the scope of the proposal means continual micro management of that environment.
There was no further discussion and the applicants’ representatives requested a continuance until the meeting of 11 September 2007.
Ms. Williams MOVED to continue until 11 September and Mr. Kelleher SECONDED the Motion.
SO VOTED UNANIMOUSLY.
7:50 P.M. Notice of Intent filed by Harry E. Hunt III, 82 Old State Highway,
Map 20, Parcels 118B & 119.
Chairman Collins announced this hearing. David Lyttle of Ryder & Wilcox, Inc. and Keith Johnson of Wilkinson Ecological Design were present for the applicant.
Mr. Lyttle told the Commissioners that this proposal is like the one recently approved on the Klingel property just to the north of this site. He said that Mr. Hunt heard of that project and is very interested and would like to “piggy back” on to the Klingel proposal. He said this proposal is not for a view and is intended to remove a huge stand of invasive vegetation and create a wetland community with wetland plants and plants indigenous to this area which will not only improve the land it will improve the habitat. He said the Conservation Commission is familiar with the procedure. He said the application is very, very minute over a three-year span.
Chairman Collins commented that there is a “forest” of Phragmites at this site.
Mr. Johnson told the Commission the first step is mechanical cutting and the second step is wiping on the herbicide in a grid pattern. He said that does a pretty good job of knocking back the regrowth, usually about Eighty Percent after the first application. He said there would then be monitoring and follow up. He said that if the root system of the mother plant is wet it will grow into dry areas.
Deputy Gallagher said the difference between the other recently approved proposals is that this proposal uses a machine. He said this is a very thick patch of Phragmites. He said there is an Enforcement Order of this property for another matter. He said he would recommend a progress report with perhaps a photo record.
Ms. Williams asked if Cattails could be re-introduced into the area and Mr. Lyttle said that the wildlife prefers Cattails over Phragmites. Ms. Williams asked them to plant as much Cattail as possible.
Chairman Collins asked if Lot #2 was presently undeveloped as it has no driveway. Mr. Lyttle said there is no dwelling on Lot #2, just a swimming pool. He said it does have the potential for a dwelling but it would be a real squeeze play. Chairman Collins said he thinks it’s a great idea to get rid of the invasives and get back to natural.
There was no further discussion and Mr. Kelleher MOVED approval with Order of Conditions 1-18, 19, 20, 21, 26 no other herbicide other than the approved 2% Glyphosate-based herbicide, 29, 38 progress report with photo record submitted
bi-annually for three years. Ms. Williams SECONDED the Motion.
SO VOTED UNANIMOUSLY.
8:07 P.M. Request for Amended Order of Conditions, Baughman, DEP
SE 19-1181, 300 Samoset Road, Map 14, Parcel 135.
Chairman Collins announced this hearing. Tim Klink and John Dash of Coastal Land Design were present for this proposal. Mr. Klink said the original proposal was done through East Cape Engineering, Inc. and he and Mr. Dash were present to talk about some re-vegetation.
Mr. Klink said they were proposing to develop a landscape/vegetation. He said they were proposing a poured concrete retaining wall, tiered to soften the scale of the wall to the front door with a walkway of stepping stones to go off the front door to the left and right with large blue stone slabs to get to the screened porch and boulders around the septic area. He said that all areas by the pond are to be re-seeded with Conservation seed mix. He said the plan also lists plants to be located in groups around the property and identifies where each group of plants will be located.
Deputy Gallagher said there was concern about getting the Rhododendron back in the ground up by the road. He said the driveway will be a turnaround rather than a big square. He said there is a little piece of addition that was not done and there is a shed which was already approved. He said that one of his concerns is blue stone set in stone dust and asked what was proposed for under the deck.
Mr. Klink said that the original plan called for decking but because of an architectural difference in the timbers that hold the deck they are proposing interlocking pavers.
Deputy Gallagher showed photos of the site. Mr. Dash said they would like to put in an additional row of hay bales and plant in between the rows. He said they could provide a trench for any runoff.
Mr. Hoerle said the limit of work is really close to the water’s edge and asked them to come up with some water-loving plants for that area. He asked for more plant material rather than seed mix. He said this is a tough site.
Ms. Williams wanted to make sure there would not be any lawn near the water and Mr. Dash said there is no lawn proposed anywhere on the property. Ms. Williams emphasized that there should be no irrigation system installed.
Mr. Hoerle said they should consider a mix of Clover and wildflower and specifically ferns and try to establish a lot of plugs on the lower side. He said seed mix will be fine on the upper side. He said they should take the opportunity to plant ferns and Solomon Seal and so forth and move the lowest hay bale line back two or three feet and keep stepping the hay bales back.
Mr. Kelleher called attention to the discrepancy on the overhang on the cantilevered deck. Ms. Dower asked about the blue stone set in stone dust and Chairman Collins said it would be better to set the stones into coarse sand. Mr. Hoerle suggested mixing the stone dust with 3/8" native stone and then setting the stones on that.
Chairman Collins said he thinks this site is an embarrassment from a Conservation standpoint. He said the limit of work is much larger than was approved. He said it needs to be fixed and it needs to be fixed now and he thinks planting should commence immediately.
There was some discussion about invasive plant removal and whether some kind of jute erosion control was applicable here.
Chairman Collins closed this hearing and Mr. Hoerle MOVED to amend Order of Conditions to include plan entitled “Revegetation Plan to be filed with the Eastham Conservation Commission to Supplement Existing Plan of Record Dated May 9, 2006, 300 Samoset Rd., Eastham, MA Prepared For: James & Amanda Baughman”, dated June 21, 2007, that a second work limit shall be installed one foot (1') off the deck, and that written monthly reports be submitted to the Eastham Department of Natural Resources, due on the 15th of the month until November 2007.
Mr. Kelleher SECONDED the Motion.
SO VOTED UNANIMOUSLY.
8:50 P.M. Notice of Intent filed by Russell Sandblom, 285 Harmes Way, Map 01, Parcel 108.
Chairman Collins announced this hearing and read a letter from East Cape Engineering, Inc. requesting that this hearing be continued until 24 July 2007.
Mr. Kelleher MOVED to continue this hearing until 24 July 2007. Ms. Williams SECONDED the Motion.
SO VOTED UNANIMOUSLY.
8:55 P.M. ADMINISTRATIVE REVIEWS:
Deputy Gallagher presented an application for Richard Brezner of 135 Locust Road. Mr. Brezner is purchasing a house which abuts a Vegetated Wetland and wants to install a chain-link fence to keep his ninety pound German Shepherd in the yard. Deputy Gallagher showed photos of the site. He said it is within fifty feet (50') of the wetland. He said that Mr. Brezner, ideally, would like to trench the fence because his dog digs. Deputy Gallagher said he figures that Mr. Brezner will be doing a service in not letting the dog run wild.
Deputy Gallgher said he had spoken with Mr. Murley who thought the fence should be on the lawn side of the blueberries. None of the Commissioners really cared for the idea of a chain-link fence. Mr. Hoerle said the fence should be raised a couple of inches and then a section of fencing could be placed on the ground to keep the dog from digging. He agreed that an electronic fence would be the simplest thing.
Deputy Gallagher said he would speak with the applicant about alternatives and bring the matter to the next meeting on the 24th.
Deputy Gallagher presented a proposal from Mari McDade of 360 Windjammer Lane. He said she want to do a lot of work including clearing the underbrush along the property bounds all the way to the resource and to remove three (3) trees. He said he told Ms. McDade that the front of the house was out of the Fifty foot (50') Buffer but that everywhere else on the property is inside the Fifty foot (50') Buffer to the A.C.E.C. He said that Ms. McDade has already done some clearing outside of One Hundred feet (100').
Deputy Gallagher said that he feels that everything except for the removal of the trees, some of which are threatening the dwelling, is way beyond the scope of an Administrative Review.
Ms. Williams MOVED that the applicant file a Notice of Intent with a complete plan for the property. Ms. Dower SECONDED the Motion.
THE VOTE WAS 4 IN FAVOR WITH ONE ABSTENTION.
MOTION CARRIED.
9:10 P.M. Enforcement Order, 10 Whelpley Road, Map 02, Parcel 085, DEP
SE 19-1090.
Deputy Gallagher told the Commissioners that the new owners of this property came in in April to inquire if they might make a place to park their boat. Deputy Gallagher informed the owners that there was a 50-year Declaration of Protective Covenants on this property and gave them a copy of the document outlining what activities where prohibited.
Deputy Gallagher said he received a very nice thank you card the next day and then got a report that there had been some activity at the site which violated the Declaration of Protective Covenants. He showed photos of the space at the property which had been made for parking two boats. Deputy Gallagher told the Commissioners that he had posted a Stop Work order at the property.
Discussion followed about what fines could be imposed and ultimately Mr. Kelleher MOVED and Ms. Downer SECONDED the Motion to request advic5e from Town Counsel.
SO VOTED UNANIMOUSLY.
There was further business and Mr. Kelleher MOVED to adjourn at approximately
9:20 P.M. Mr. Hoerle SECONDED the Motion
SO VOTED UNANIMOUSLY.
Respectfully Submitted,
Kay Stewart-Greeley,
Clerk
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