EASTHAM CONSERVATION COMMISSION
14 August 2007
MINUTES
PRESENT: David Hoerle, Glenn Collins, Judith Williams, Terry Kelleher.
STAFF PRESENT: Deputy Natural Resources Officer Jim Gallagher, Conservation Clerk Kay Stewart-Greeley.
ALSO PRESENT: Jason Ellis of J.C. Ellis Design Co., Inc., Dean and Joan Schofield, Terry Ryder of Ryder & Wilcox, Inc., Jim Arnold, Brian Seppala.
In the absence of Chairman Murley, Vice Chairman Hoerle brought the meeting to order at 7:03 P.M.
Ms. Williams had one correction on the Minutes of 24 July 2007. Mr. Collins MOVED approval of the Minutes of 24 July 2007 with the correction. Mr. Kelleher SECONDED the Motion.
SO VOTED UNANIMOUSLY.
7:05 P.M. Request for Extension, Target View Beach Association,
DEP SE 19-1015, Bayview Drive, Map 13, Parcel 014.
There was a letter from Arthur Bukovich, Clerk of the Board of Trustees of this association requesting an Extension for continued maintenance on the path and beach stairs at this site.
Deputy Gallagher showed photos and told the Commissioners that this Order had been extended on several occasions.
Mr. Kelleher MOVED and Mr. Collins SECONDED the Motion to grant a three-year Extension for Order of Conditions SE 19-1015.
SO VOTED UNANIMOUSLY.
7:08 P.M. Administrative Review, Whispering Pines Condominium Association, Route 6, Muddy Pond.
Deputy Gallagher explained that the Association wants to take down a pine tree which is diseased. He said it is 45'-50' from the wetland around the pond. He said they propose to flush cut it and leave the stumps and roots in place and they intend to do the work in the fall when the tree is dormant.
Mr. Kelleher said they should not do it until after the first frost so there will be no spread of insects which are infecting the tree. He also said that no pesticides should be used after removal.
Mr. Kelleher MOVED and Ms. Williams SECONDED the Motion to ratify this Administrative Review. Ms. Williams also asked that the applicants be told that the Conservation Commission appreciates that they are such good stewards of their land.
SO VOTED UNANIMOUSLY.
7:10 P.M. Administrative Review, Pearson, 3 Fairview Avenue, Map 12,
Parcel 274.
Deputy Gallagher explained that this applicant also wishes to take down a diseased pine which is about 10' from the pond. They intend to have the work done by Bartlett Tree Experts who will do it after the first frost and remove it from the site.
Mr. Kelleher MOVED and Mr. Collins SECONDED the Motion to ratify this Administrative Review and to remind the applicant that no pesticides should be used.
SO VOTED UNANIMOUSLY.
7:15 P.M. Request for Determination of Applicability filed by Richard Merz, 45 Homestead Road, Map 15, Parcel 038.
Mr. Hoerle announced this hearing. Jason Ellis of J.C. Ellis Design Co., Inc. was the applicant’s representative and explained the proposal to construct an addition. He said this project is MESA exempt. All construction is just outside of the 100' Buffer.
Mr. Gallagher showed photos of the site and the Commissioners reviewed the plan. The Commissioners asked that the applicant be reminded about the use of fertilizer.
Mr. Kelleher MOVED a Negative Determination for Reason #3. Mr. Collins SECONDED the Motion.
SO VOTED UNANIMOUSLY.
Ms. Williams told the Commissioners she had attended the Water Resources Advisory Board meeting earlier in the day. She said there was a large number of attendees. She said the fact is that nitrogen levels are increasing and the Board has been working with Environmental Partners looking for a suitable municipal water supply.
She said the article, which needs a two thirds vote, failed at the Town Meeting in May by about thirteen votes and it will be on the Special Town Meeting warrant in October. Ms. Williams said that opponents to the article say there is no plan, so how can people be expected to vote on something for which there is no plan. She said that Russ French, who attended the meeting, says its better to do it now than down the road ten years.
Ms. Williams said that at some point there was an open invitation to the Conservation Commission as to whether they would like to be a part of this proposal of if they have anything to add to the discussion. She said that only Fifty Percent of the taxpayers in Eastham are year-round residents, but if that percentage grows with people retiring to Eastham the need will increase as well.
She said the main question is where the water will come from and if the Conservation Commission can think of any environmental issues to be concerned about, they should be addressed. She said that some feel the project would be easier to swallow if it’s done in small pieces.
Mr. Collins said he feels the Conservation Commission should come to some consensus when all the Commission members are present.
7:37 P.M. Notice of Intent filed by Erleine Putnam, 835 North Sunken Meadow Road, Map 01, Parcel 048.
Mr. Hoerle announced this hearing. Jason Ellis was the applicant’s representative. He said this proposal is to upgrade an existing Title 5 system which is in failure on the Top of a Coastal Bank. He said this proposal has already been approved by the Board of Health. There will be a 1,500 gallon tank and a pump chamber. He said there were not a lot of places to place the new septic and they tried to locate it in a place that would cause the least disturbance.
Deputy Gallagher showed photos of the site, which is entirely in the A.C.E.C. Mr. Ellis said that a few pine trees will have to come out. He said the existing septic is very close to grade so they will pump it out and fill it with sand.
Mr. Collins said that septic upgrades are good and he thinks they have tried to be careful siting it and that it makes sense to do this project.
Mr. Hoerle asked Mr. Ellis if he thought that not removing the old system would allow for more nitrogen leaching. Mr. Ellis said that it will eventually dry up and become inert and will not impact anything.
Mr. Kelleher MOVED approval with Order of Condition 1-18, 19, 20, 21, 22, 24, 26, 27, 28, 29, 33. Ms. Williams SECONDED the Motion.
SO VOTED UNANIMOUSLY.
7:45 P.M. Notice of Intent filed by Brian and Brianna Seppala, 90 Log Cabin Road, Map 21, Parcel 006H.
Mr. Hoerle announced this hearing. Jason Ellis was the applicants’ representative and told the Commissioners that the Seppalas are proposing to construct a 24' x 26' garage between the existing dwelling and the Bordering Vegetated Wetland. He said the existing shell driveway comes down and terminates just before the proposed place for the garage. He said the bump out on the deck would be taken off as part of the proposal.
Deputy Gallagher showed photos of the site, which he said has “history” and came before the Commission last April with a Request for a Certificate of Compliance for the Order of Conditions under which the house was constructed. He said that even though this is a different project some of the concerns brought up in April have still not been addressed, one of which is the shell pile.
Mr. Ellis said he met on site with Ms. Merrill, former NRO, and discussed the fact that if they took the shells out it would disturb the vegetation which has grown through them. He said if they are left alone the vegetation will take over the area. He said the concerns of the Commission are easily fixable if the Commission so desires.
Mr. Collins commented that the Conservation Commission had reviewed this project several times and decided what was best for the environment. He said getting everything at least 50' from the Bordering Vegetated Wetland was accomplished in the original plan, then a lot of things happened on this property which shouldn’t have happened. He said that he would have a really difficult time allowing a garage to be built on the property within 50' of the resource and thinks that several things need to be addressed before things could move forward on this project.
Ms. Williams said she feels that there is already enough in the Buffer Zone. She said the dwelling, patio, and decks are enough already.
Mr. Kelleher said that the original plan does not show a bump out on the deck and he doesn’t know if this was approved. He said there is an irrigation system advertised in the “For Sale” flyer and he doesn’t feel the Commission can entertain this proposal.
Mr. Ellis said he doesn’t think this plan is any worse than other projects which have been approved. He said Mr. Seppala will remove the irrigation system if the Commission wants him to.
Mr. Seppala said he has tried to comply but every time he comes back there are more and more things that the Commission wants him to do.
Mr. Hoerle said his concerns had already been expressed by Mr. Collins and if the Commission is even going to consider a garage then perhaps it could get placed in the patio area and get if farther from the resource. He said that anything which will mitigate the damage to the resource is his concern.
Ms. Williams said she was looking for some level of cooperation.
Mr. Collins said there were lengthy discussions about the driveway location and size and now there is mulch on both sides of the driveway.
Mr. Ellis said there are two issues: the previous Order of Conditions and getting a Certificate of Compliance and the Notice of Intent for the garage. He asked the Commission to tell Mr. Seppala exactly what they want him to do in order to get a Certificate of Compliance and said that if the garage were put where the patio is it would require a Variance and he feels strongly that a Variance would not be granted. He said that if the Commission denies the application for the garage they will appeal it and DEP will issue a Superceding Order of Conditions.
Mr. Collins told Mr. Ellis that making that statement was not the appropriate way to speak to the Commission. He said that he thinks a good step in the right direction would be to comply with all the issues of the past years and then the Conservation Commission could address the garage proposal. He said that right now the other issues are just hanging out there.
Ultimately it was decided that a site visit be held to determine exactly what needs to be done to gain a Certificate of Compliance and then the current proposal could be addressed.
Mr. Ellis requested a continuance until 11 September 2007 and that a site visit be held before that date.
Mr. Collins MOVED to continue this hearing until 11 September 2007. Ms. Williams SECONDED the Motion.
SO VOTED UNANIMOUSLY.
8:20 P.M. Notice of Intent filed by Jessica Strauss, 31 Martha Avenue Rear, Map 10, Parcel 202.
Mr. Hoerle announced this hearing. Terry Ryder of Ryder & Wilcox, Inc. was present for the applicant along with Jim Arnold, the applicant’s architect.
Mr. Ryder told the Commissioners that the proposal is to utilize the existing foundation of the structure which is there now and construct a new dwelling with an addition to the south. He said the addition would be built on pilings so there would be no new foundation and the applicant would be able to use some of the space underneath to park vehicles. He said the addition will only be one floor but it will have high ceilings.
Mr. Ryder said the existing house is a three-bedroom house with a septic installed a few years ago which is a nitrogen-reducing system. He said there is very limited area in which to work and the only place to put an addition is on the south side of the structure. He said the only major grading would be to lower the grade down into the parking area so that they can drive under the addition. He said they are proposing to expand the driveway area slightly on the southwest side of the existing parking area. He said there will be very little disturbance and the limit of work is quite tight. He said a little more deck is also proposed on the west side of the addition.
Deputy Gallagher showed photos of the site and asked if the propane tank would be above or below ground. Mr. Arnold said the propane tank would be on a slab, above ground.
Mr. Collins commented that this proposal seems like a huge expansion of what is there. Mr. Arnold said the existing dwelling is 640sf. and the new addition is 540sf. and
18' x 30'.
Ms. Williams said she is always glad to see property that has been left in a natural state that has good vegetation but would not want to see the deck expanded any closer to the resource. She said they are already proposing to add to the south side.
Mr. Ryder said there will be no impact to the bank at all. He said the owners are very aware and very sensitive to the vegetation and want to maintain as much of the vegetation as possible.
Mr. Arnold said that the owner contacted Deputy Merrill last year and met with the Building Inspector. He said that as a result of those meetings the suggestion was to vegetate the northwest corner and the owner has done that. He said the owners have talked about moving the path to the stairway and have been in touch with Chris Norgeot of Anchor Marine, Inc. to re-vegetate the bank.
Mr. Hoerle said that the proposed deck addition is about 30' from the Top of the Bank and would be a real concern. Mr. Arnold asked if it would be acceptable if the deck were to be cantilevered. Mr. Collins said that would be a step in the right direction.
Mr. Collins asked if the limit of work could be tightened up and Mr. Ryder said it could be brought closer. Mr. Collins asked if it could be run around the back of the house to protect the grasses.
Mr. Arnold said what they have tried to do with their proposal is to put the vehicles under the house out of respect to the neighbors to the east and get the vehicles out of their view. He said they have talked about putting some vegetation on the east edge.
Mr. Collins said that perhaps they could put some permeable pavers that vegetation could grow through and not remove so much vegetation.
Joan and Dean Schofield, abutters to this property, were in the audience and Mr. Schofield commented that the existing house is one story, the new house will be two stories, and the addition will be two stories so that it will be three time bigger. He said their concerns in general are not so much with the Conservation Commission and their areas of concern are with the Zoning Board and the Site Plan Approval. He said they already suffered a “McMansioning” of the dwelling to the north of them and this proposal will be almost as tall as that is. He said that the other problem related to mass is the vegetation. He said that all the vegetation on the site is invasive and if the mass gets taller the vegetation becomes taller and taller impacting all the other sites in the area. He said that the area was
once all Beach Plum and Bayberry etc.
He said the increase in mass is large and it appears to be a zoning issue so he assumes there will be a Variance hearing to deal with that. He asked if Eastham had a bylaw concerning the 50' Buffer.
Deputy Gallagher responded that the bylaw speaks to a 100' Buffer Zone but the Conservation Commission tries to keep the first 50' of the Buffer sacred.
Mr. Schofield said the applicant might consider having the new deck become part of the dwelling. He said it would be an architectural challenge, but that’s what architects are for.
Mr. Arnold said this house is considerably smaller than the house to the north and this is a very different issue. He said that they have taken pains to keep the mass down which is one of the reasons they propose a shed-type roof, to keep it lower than a traditional gable roof.
Mr. Schofield spoke from the floor again to say that his final observation is that most of what he spoke about is not the Conservation Commission’s jurisdiction, except for the vegetation, and asked that an effort be made to keep the vegetation as low as possible.
Mr. Arnold told the Commissioners that the owner will be happy to work with the Commission on the removal of invasives.
Mr. Ryder asked for a continuance until 11 September 2007. Mr. Kelleher MOVED for this continuance and Mr. Collins SECONDED the Motion.
SO VOTED UNANIMOUSLY.
9:05 P.M. OLD BUSINESS:
Deputy Gallagher reviewed the progress of the Baughman project at 300 Samoset Road and showed photos. He said the contractors wanted to install one more 4' x 1' piece of granite for a step off the deck. The Commissioners agreed that this was OK.
Deputy Gallagher also reviewed the VanKeuren project at 130 Alston Avenue and the revised plan submitted by East Cape Engineering, Inc. The Commissioners voted that this plan was acceptable.
9:15 P.M. Administrative Reviews, 30 & 40 Carlton Way.
Deputy Gallagher presented two Administrative Reviews for proposals to top trees to get them out of the power lines.
Mr. Kelleher MOVED and Mr. Collins SECONDED the Motion to ratify these Administrative Reviews.
SO VOTED UNANIMOUSLY.
There was no further business and Mr. Kelleher MOVED to adjourn at approximately
9:25 P.M. Ms. Williams SECONDED the Motion
SO VOTED UNANIMOUSLY.
Respectfully Submitted,
Kay Stewart-Greeley,
Clerk
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