EASTHAM CONSERVATION COMMISSION
24 July 2007
MINUTES
PRESENT: David Hoerle, Glenn Collins, Judith Williams, Leah Dower, Terry Kelleher, Steve Smith, Dennis Murley.
STAFF PRESENT: Deputy Natural Resources Officer Jim Gallagher.
ALSO PRESENT: David Lajoie of FELCO, Inc., Chris Adams, Alan McCarthy, Mark Carzo, Tim Brady of East Cape Engineering, Inc., David Lyttle of Ryder & Wilcox, Inc., Bruno Coppi, Russ Sandblom, Steve Greller, George Early, Jean Coppleman, Maryellen McCarthy, Marie Coppi, Wayne E. Davis.
Chairman Collins opened the meeting at 7:00 P.M.
Mr. Collins said he wished to step away from the Chairman position. Mr. Murley agreed to act as Chairman beginning with this meeting.
SO VOTED UNANIMOUSLY.
Mr. Hoerle agreed to continue as Vice-Chairman.
SO VOTED UNANIMOUSLY.
Mr. Smith agreed to act as Clerk.
SO VOTED UNANIMOUSLY.
Mr. Murley took over the meeting as Chairman and reviewed the Minutes of
10 July 2007. After a couple of minor corrections Mr. Collins MOVED and Mr. Kelleher SECONDED the Motion to approve the Minutes of 10 July 2007.
THE VOTE WAS 5 IN FAVOR WITH TWO ABSTENTIONS.
Deputy Gallagher presented two Administrative Reviews. He said he had spoken with Richard Brezner relative to the recommendations of the Commission and Mr. Brezner has agreed to raise the fence three to four inches above the ground with a row of chain link on the ground. Deputy Gallagher said it is his opinion that the fence will not adversely impact the area.
Mr. Kelleher MOVED and Mr. Hoerle SECONDED the Motion to ratify this Administrative Review.
SO VOTED UNANIMOUSLY.
Deputy Gallagher presented an Administrative Review for Heather Sugrue on 20 Cranberry Road who proposes removing two dead Pines and four live Pines and replacing them with Leland Cyprus. She would also like to put bluestone stepping stones from the porch to the front door to match the existing stonework. The resource in this case is an old cranberry bog. Deputy Gallagher said it is his opinion that this will not adversely affect the environment.
Mr. Collins MOVED and Ms. Dower SECONDED the Motion to ratify this Administrative Review.
SO VOTED UNANIMOUSLY.
Mr. Hoerle told the Commissioners that Dick Ryder, a former member of the Conservation Commission, has offered to bring the members of the Commission out on the bay to view the shore. The Commission suggested that an evening trip be planned.
7:15 P.M. Notice of Intent filed by Linda Atkinson, 1185 State Highway,
Route 6, Map 18, Parcel 298.
Chairman Murley announced this hearing. David Lajoie of FELCO, Inc. was present for the applicant and described the proposal to construct a four-bedroom dwelling.
Mr. Kelleher said he had a problem with the note on the Site and Sewage plan which states that the final grading around the dwelling and drive would be determined by the owner and the builder on site. Mr. Lajoie said that was a generic statement.
Mr. Hoerle asked how deep the perk test was and Mr. Lajoie said they went to about nine feet below grade until they ran into the good sand. Mr. Murley offered that the area was developed with ditches in the area and filled bog land making it a very complicated area. Mr. Collins said he tried to view the site but couldn’t get through the vegetation to find the markings.
Deputy Gallagher showed photos he was able to take of the area. Mr. Murley spoke about the history of the sale of these properties. He said it is his opinion that the Conservation Commission could require a tight work limit and if there is a need for additional grading, the builders could return to the Commission.
Chris Adams, husband of an abutter, asked whether the project has to encroach on the Buffer Zone and suggested a smaller than four-bedroom house. Mr. Murley said that trying to determine the size of a house based on the number of bedrooms is difficult. He said this would be addressed by the Board of Health and that the charge of the Conservation Commission is to protect the Buffer Zone. He said that other departments might limit the work for other reasons.
Alan McCarthy, from Starfish Condominiums, asked how this project would impact their area. Mr. Murley said that other boards might address the impact of septic systems and other problems.
Mark Carzo, another abutter, asked whether there would be other access roads to this property.
Mr. Collins said if the existing drive is the only access there would be room to move the house farther away from the wetland. He said there seems to be some ability to move the house. Mr. Lajoie responded that the leach area would be over one hundred feet from the wetland. He said the septic system could be placed in the driveway.
Mr. Lajoie requested a continuance so that the Commissioners would have a chance to go back to the site to check the wetland delineations.
It was MOVED and SECONDED to continue this hearing until 28 August 2007.
SO VOTED UNANIMOUSLY.
7:40 P.M. Continuation of Hearing on Notice of Intent filed by Florence Lee, 7 West Shore Drive, Map 7A, Parcel 005.
Chairman Murley announced this hearing. Deputy Gallagher reviewed the considerations of this proposal from the last meeting.
Tim Brady of East Cape Engineering, Inc. was present for the applicant and presented a Planting Plan to go with the new house construction. The plan calls essentially for beach grass and Beach Plum. He said that some of the sand removed from the site would be used on the bank, but most of it would be removed.
Ms. Dower said she thought that most of the concerns had been addressed. Mr. Collins asked that the size of the Beach Plum plants be specified as two to three feet.
Chairman Murley closed this hearing.
Mr. Kelleher MOVED approval with Conditions drafted by Deputy Gallagher: 1-18, 19, 20, 21, 22 (2-phased), 23, 24, 26, 27, 28, 29, 30, 33, 35, 36, 37 with additional Conditions that the outside shower empty into a dry well, that they avoid roots and leave stumps, that the deck be removed from the top, and that any fill in excess of the storage area be removed from the site. Mr. Hoerle SECONDED the Motion.
SO VOTED UNANIMOUSLY.
8:00 P.M. Continuation of Hearing on Notice of Intent filed by Robert G. &
Gretchen P. Robinson, 18 Asparagus Lane, Map 19, Parcel 036.
Chairman Murley announced this hearing on a proposal to remove an existing dwelling and construct a new single-family dwelling; pump and remove the existing septic system and install a septic tank, pump chamber and re-charger system; and, construct a timber retaining wall and construct a gravel driveway within the 100' Buffer to a Salt Marsh, Coastal Bank and A.C.E.C. and within an area subject to Coastal Storm Flowage.
David Lyttle of Ryder & Wilcox, Inc. presented revision of the plans per the last meeting. He said that the building footprint has been changed, mostly by altering the size of the garage, allowing the building to be pulled farther back. He said that the Northeasterly portion of the proposed deck had been eliminated. Mr. Lyttle said that by reducing the size of the garage the pump chamber can be moved to the rear of the proposed house. He distributed a plan showing the existing incursion into the fifty-foot Buffer compared to the proposed incursion. He said the house will increase in size, but the deck will be smaller. He said the proposed deck will also be elevated with an area beneath. He said he could come back with a planting plan if the Commission feels that the changes are heading in the
right direction.
Deputy Gallagher reviewed the photos of the site and the concerns presented at the last meeting which include the existing Cedars, showers being directed into dry wells, and the path to the water. He also pointed to the A.C.E.C. performance standards authorizing a two-foot footpath stabilized with indigenous grasses.
Mr. Hoerle commented that the path could be maintained with a weed whacker rather than a mower. Mr. Murley pointed out that a three-foot path is not unreasonable since there might be a problem with ticks if the path is too narrow.
Mr. Lyttle requested a continuance to give them more time to present a landscape plan.
Mr. Collins commented on the revisions made to meet the Commission’s concerns. He noted that not much has really changed on the plan and he would like to see that them be a little more creative with the plan and perhaps move the position of the house. Ms. Williams requested more information on the increase of the actual house size and Mr. Smith also questioned the increase in actual house size.
Mr. Lyttle said he would take this information back to his clients and see if the plan could be tightened up further.
Mr. Bruno Coppi, an abutter, stated that he is very much against this expansion. He said there is a history of incursion into this area.
It was MOVED by Mr. Kelleher and SECONDED by Mr. Collins to continue this hearing until 28 August 2007.
SO VOTED UNANIMOUSLY.
Ms. Dower left the meeting at 8:28 P.M. Mr. Murley stated that he may have an appearance of a conflict of interest with the next hearing and left the room. Mr. Hoerle proceeded with the meeting as Vice Chairman.
8:30 P.M. Continuation of Hearing on Notice of Intent filed by Russell Sandblom, 285 Harmes Way, Map 01, Parcel 108.
Vice Chairman Hoerle announced this hearing. Tim Brady of East Cape Engineering, Inc. was present for the applicant. Mr. Sandblom was also present.
Mr. Brady described the proposal to construct a pervious, three-car parking area and a seasonal roll-out walkway to access the beach at property at 285 Harmes Way. He said the parking area would be about thirty feet wide, suitable for parking three cars. He said a pervious material would be brought in. He said that some material would have to be removed for this project and would be re-planted on the dune. He said a fence is proposed to delineate the parking area and the walkway will be removable. He said this is a unique proposal in an area that is unbuildable.
Deputy Gallagher said this is a barrier beach and dune and an A.C.E.C. He said the 1988 Eastham Bylaw contains applicable regulations, mostly relative to the alteration of wildlife habitat, removal of natural vegetation and prohibition of the paving of a natural area.
Mr. Hoerle, referring to the regulation just cited by Deputy Gallagher, said that the Commission should know under what conditions it can rescind the Bylaw. Mr. Brady said that although this is an A.C.E.C. this proposal is for a relatively minor change to the area. He acknowledged that he is not in the position to ask the Commission to make changes to the regulations. He did ask if this is a reasonable proposal to be discussed.
Mr. Collins said that if there was no grading it might be allowable. He said he cannot agree with re-grading in a resource like this. He said that in regard to the walkway, there is precedent that says that people can have a pathway to a resource. He said the problem is with the re-grading of the area.
Mr. Smith said that a fence could be put in and cars could just pull in. He said this would do some damage, but not the amount that would be done by an excavator. Mr. Brady responded that cars would get stuck without some sort of surface.
Mr. Steve Greller of Harmes Way said that he wondered how the Commission would bypass the Bylaw of the town to allow this project. He said he also questions whether this might have a commercial use as the applicant has an aquaculture grant in the area. He said that people are curious about why this is coming up just now.
Mr. George Early of Sundown Lane said that parking places are becoming more and more rare. Mr. Sandblom commented that the Audubon abutters might be interested in access to the beach in this area. He said that his intention is not to have commercial use of the land. He said he would just like a minimal area for family use.
Mr. Brady suggested a site meeting in two weeks. There will be one on August 14th at 4:00 P.M.
Jean Coppleman of Eldredge Drive, who will have this project in her line of sight, asked whether there would be anything else, such as a porta-potty on the site eventually.
Mr. Kelleher MOVED and Mr. Smith SECONDED the Motion to continue this hearing until 28 August 2007.
SO VOTED UNANIMOUSLY.
The “Stop Work” Order at 10 Whelply Road was discussed.
There was no further business and Mr. Kelleher MOVED to adjourn at approximately
9:20 P.M. Mr. Hoerle SECONDED the Motion
SO VOTED UNANIMOUSLY.
Minutes taken by Judith Williams,
Transcribed and Respectfully Submitted,
Kay Stewart-Greeley,
Clerk
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