EASTHAM CONSERVATION COMMISSION
25 September 2007
MINUTES
PRESENT: David Hoerle, Glenn Collins, Judith Williams, Terry Kelleher, Steve Smith, Dennis Murley.
STAFF PRESENT: Natural Resources Director Henry Lind.
ALSO PRESENT: Peter Kelligrew, Carol Pagano, Dan Maloof, Richard & Jody Vilardo, Richard & C.C. Scanlan, Anthony L. Mancini, Richard L. Pharo, Stephanie Sequin of Ryder & Wilcox, Inc., Brian McGowan, Joseph H. Neis, Marie Coppi, Tim Brady of East Cape Engineering, Inc., Seth Wilkinson of Wilkinson Ecological Design.
Chairman Murley opened the meeting at 7:00 P.M.
The Commissioners reviewed the Minutes of 11 September 2007. After a few minor changes, Mr. Collins MOVED and Mr. Hoerle SECONDED the Motion to approve.
SO VOTED UNANIMOUSLY.
7:05 P.M. Request for Certificate of Compliance, Craig Mason, Salt Pond Cottages LLC, DEP SE 19-1171, 10 Locust Road, Map 12, Parcel 015.
Mr. Lind presented this request. He said he feels it is essentially in compliance with the original Order of Conditions. Chairman Murley asked if there was any other discussion on the project.
There being no further discussion, Mr. Collins MOVED and Mr. Kelleher SECONDED the Motion to issue a Certificate of Compliance for DEP SE 19-1171.
SO VOTED UNANIMOUSLY.
Mr. Lind discussed a meeting he had attended at which a DMF representative outlined the EPA Notice of Intent for Stormwater Mitigation. The Town is currently involved with Phase I which is a 5-year program regarding tasks to be identified to deal with the increased amount of bacteria found in their wetland areas. The EPA would like to focus on road runoff. Phase II will begin in 2008 and the following years will be dedicated to correction of the problems created by inadequate drainage. As a part of that program roof runoff is to be calculated as a contributing factor to storm water unless it is directed to dry wells or otherwise contained from entering the stormwater system. Mr. Lind pointed out that one of our standard orders for dwellings has been exactly that point and further justifies its inclusion in
Orders of Condition. He will be working on the Year 5 summary of Phase I with Jane Crowley and Mike Ferreria shortly.
7:15 P.M. Request for Determination of Applicability filed by Richard & Cecilia Scanlan, 716 State Highway, Unit 4, Map 21, Parcel 063D.
Chairman Murley announced this hearing. Mr. Scanlan described the scope of the project to install a drywell for backwash of a filtration system. Mr. Lind asked that Mr. Scanlan revise the plan to show a limit of work designation. He said he feels the area is well-vegetated and stable.
Chairman Murley asked whether this project would be completed in one day and Mr. Scanlan said he thought it would be, so hay bales will not be required.
Mr. Hoerle MOVED a Negative Determination for Reason #3. Mr. Collins SECONDED the Motion.
SO VOTED UNANIMOUSLY.
The Commissioners reviewed a letter from John Dash, Vice-President of Coastal Land Design regarding the re-vegetation of the Baughman residence at 300 Samoset Road, DEP SE 19-1181. Mr. Collins commented that they are following their agreement to report the progress to the Conservation Commission.
7:30 P.M. Notices of Intent filed by Julianne H. Vilardo, 265 Sparrow Road, Map 04, Parcel 184; and, Anthony L. & Ellen M. Mancini Trust of 2001, 340 Salt Works Road, Map 04, Parcel 001.
Chairman Murley announced this hearing. Tim Brady of East Cape Engineering, Inc.
was the applicants’ representative and described the project which consists of two Notices of Intent for the construction of stone revetments along a Coastal Bank, bank nourishment and beach grass planting on the face of a Coastal Bank. The stone revetments would be constructed landward of the existing slope. The Coastal Bank would be restored to what is there today, in anticipation of especially big storms.
Mr. Brady stated that there are ownership issues in regard to this project. He said he feels that the abutters are owners to the center of the property in question.
Mr. Lind showed photos of the site, describing the history and natural processes of the site, stressing that this is a particularly sensitive wetland area.
Mr. Lind said that it is not customary for a revetment to be constructed on a part of the Coastal Bank where there is no house. He said this differs from where there are dwellings to be protected. He quoted 310 CMR 10.30 (1) and (3) which states that when Coastal Banks serve as a major source of sediment then revetments may only be permitted in order to protect a pre -1978 dwelling when there are no other alternatives available.
A communication from Mr. and Mrs. Pharo of 220 Sparrow Road in the Massasoit Hills Association raised issues in regard to this project and its impact on the beach and dunes of the Salt Works Beach. They would like to explore the issue of the area being designated a Beach Reservation.
Mr. Dan Maloof of the Massasoit Hills Association has also written a letter to Mr. Brady describing the work done on the site over the years by members of that association.
Chairman Murley asked about how ownership would be determined in such an area. Mr. Lind said the Commission has to review the project for its impact on the beach and that ownership would be settled in Land Court. Mr. Hoerle requested further information on the effect of storm activity on the area.
Mr. Maloof, President of the Association, talked about the efforts to secure the area after incidents of erosion. Mr. Brady showed a chart showing the degree of erosion that has occurred in the area over the past several years. It would be eroded much farther back if there had not been the nourishment which has been going on. Mr. Kelleher said he would rather know who actually owns the property before making a determination on the project. Mr. Lind read from the Commission’s order which states that the Commission’s authorization of a project does not impact on the ownership question.
Mr. Peter Kelligrew, past President of the Massasoit Hills Association, spoke about the soft solutions which have been used and have not “succeeded”. He said they will not try the construction of any more sand drift fences.
Richard Pharo spoke saying that replenishment of the beach has been going on since 1985. He said that is not a permanent solution. He also addressed the issue of conservancy land set aside for the use and direction of the municipality. He went on to say that this area is a Reservation, a piece of land set aside by the group of people related to that activity.
Mr. Lind noted that the condition of the beach area as it is today is not necessarily a failure and that nourishment is an ongoing part of the coastal beach system whether it is accomplished artificially or by the erosion of an existing bank.
Chairman Murley said that it would be typical of the Commission to consult a Coastal Geologist on project such as this. Mr. Brady requested a continuation of this project until such time as Jim O’Connell of WHOI Sea Grant and Barnstable County Cooperative Extension Service could be consulted.
After the applicant requested a continuation Mr. Kelleher MOVED a continuance and Ms. Williams SECONDED the Motion.
SO VOTED UNANIMOUSLY.
8:30 P.M. Notices of Intent filed by Nauset View Realty Trust, Francis P. Zarette, Trustee; and Joan Kenealy-Neis, 15 Cliff Road, Map 19, Parcel 048; and 65 Cove Road. Map 19, Parcel 049.
Chairman Murley announced this hearing.
Tim Brady of East Cape Engineering, Inc. was the applicants’ representative and described this project as the protection of a vertical bank in conjunction with the replacement of invasive species with natural planting. Seth Wilkinson of Wilkinson Ecological Design described the methods that will be used to replace the vegetation without going into details of his part of the project.
Mr. Lind said that if this is a vertical buffer to storm waters, then 310 CMR 10.30
(6-8) does not allow any project to be conducted on it which would destabilize the bank and the plan proposes a significant destabilization of the vegetative cover as well as destruction of adjacent salt marsh.
Chairman Murley said that he dislikes this application and that he does not approve of trying to combine the proposal with replacement of invasives. Chairman Murley said that he felt that there has been almost no loss of Salt Marsh from storm activity. Mr. Collins said that the amount of storm scouring that has occurred on that coast recently has been quite unusual.
Further possibilities of protection of the embankment were explored. Mr. Wilkinson said that they could address toe erosion, and also provide more herbaceous cover in the upper regions. He acknowledged that this is a revetment project that they tried to mitigate with elimination of invasive species.
Chairman Murley spoke further of clay embankments and their rarity on Cape Cod. He noted that rain water from the top seems to have as much effect on it as any other problem.
Joe Neis, one of the home owners and applicants, described his experience with his property over the past ten years. He spoke of chunks of embankment which have come out of the bank during storms. He said that three trees were ten feet from the bank before the storm of last April. He said that two of these trees are now down and the third has exposed roots. He said that particular storm caused him to feel that he must protect his property. He said there is also considerable difference between where there is a retaining wall and where there is not.
Mr. Neis continued that he would be interested in knowing about any means to protect his property. Mr. Brady requested a continuance of this hearing. He said he will talk with the owners about their preferences on this project.
Chairman Murley pointed out that the Conservation Commission has written orders as to what projects can take place on a Salt Marsh.
After the applicant requested an extension to the next available meeting, it was MOVED and SECONDED to continue this hearing and to request Mr. O’Connell’s expert advice as well.
SO VOTED UNANIMOUSLY.
9:15 P.M. Continuation of Hearing on Notice of Intent filed by Robert G. & Gretchen P. Robinson, 19 Asparagus Lane, Map 19, Parcel 036.
Chairman Murley announced this hearing. The Applicants propose the removal of an existing dwelling and the construction of a single-family dwelling; the pumping and removal of an existing septic system; the construction of a timber retaining wall and the construction of a gravel driveway within 100' of a Salt marsh, Coastal Bank and A.C.E.C. and within an area subject to Coastal Storm Flowage.
Stephanie Sequin of Ryder & Wilcox, Inc. presented the project. The square footage will be approximately the same as that which exists. There is an increased buffer between the proposed building from the Buffer Zone. Phase One has a designated limit of work to allow demolition of the existing structure. The owners are willing to hire an independent consultant to oversee the demolition process.
Mr. Collins said he would like to see this provided for the entire project. The Commission members acknowledged that a great deal of work has been put into conforming to the Commission’s requests.
Ms. Sequin offered to request a continuation for a re-hearing which will also include a landscaping plan. Mr. Lind deferred to the Commissioners as he is new to this project.
Mr. Hoerle asked Ms. Sequin how much this project has been pulled back from the original proposal. Ms. Sequin said they have reduced the original proposal by 700 square feet. Chairman Murley reviewed the changes which have been made to the project and asked the Commissioners to review the construction protocols and Order of Conditions before the next meeting.
Ms. Marie Coppi of 10 Asparagus Lane, said that she still objects to the size of the project and the fact that it is now closer to her own property.
Mr. Collins MOVED that this hearing be closed and further MOVED that the Commission issue an Order of Conditions within three weeks. The specific Order will be reviewed at the next meeting. Mr. Smith SECONDED the Motion.
SO VOTED UNANIMOUSLY.
Chairman Murley left the meeting at this time.
Officer Lind discussed a letter that the Commission had written to the Town Administrator requesting the help of Town Counsel regarding the proposal for property at 285 Harmes Way. The question from the Commission had been whether the parking area requested was on the roadway. Mr. Lind said that a walking trail may be allowed in an A.C.E.C. but not a parking lot. The next question was whether a variance may be requested. Counsel was not consulted, but Officer Lind and Ms. Vanderhoef could see what Town Counsel’s answer would be based on the Bylaws, so the request was denied.
There was no further business and Mr. Kelleher MOVED to adjourn at approximately 10:10 P.M. Mr. Smith SECONDED the Motion
SO VOTED UNANIMOUSLY.
Minutes taken by Judith Williams,
Transcribed and respectfully submitted.
Kay Stewart-Greeley,
Clerk
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