EASTHAM CONSERVATION COMMISSION
13 November 2007
MINUTES
PRESENT: David Hoerle, Glenn Collins, Judith Williams, Steve Smith, Leah Dower.
STAFF PRESENT: Natural Resources Director Henry Lind.
ALSO PRESENT: Brad Malo of Coastal Engineering Company, Inc., Tim Brady of East Cape Engineering, Inc., Joe Nies, Laura Schofield of Schofield Brothers of Cape Cod.
Mr. Lind discussed a Woods Hole Sea Grant CD called “Coastal Landform, Coastal Processes and Erosion Control on Cape Cod and Souther Plymouth Massachusetts”. He will provide a copy for each Commission member.
Ms. Williams reported on the Water and Wastewater Resources Board meeting held earlier in the day at Town Hall. She distributed materials that contain suggestions on how the Town can move forward on water issues.
Vice-Chairman Hoerle brought the meeting to order at 7:30 P.M.
7:30 P.M. Notice of Intent filed by Keyspan Energy Delivery, 70 Bay View Road, Map 19, Parcel 021.
Brad Malo of Coastal Engineering Company, Inc. presented the proposed installation of a gas main on Bay View Road. The applicant proposes the extension of the existing gas main and installation of gas service connection to 70 Bay View Road, Map 19, Parcel 021. A portion of the proposed installation is within the Buffer Zone of a Coastal Bank and Salt Marsh, within the 100-year Flood Zone, and a portion within the ACEC boundary.
Mr. Lind commented that instead of staked hay bales, staked fiber rolls are now being used under conditions like this. He pointed out that ACEC regulations allow for maintenance and installation of service systems.
Mr. Collins commented that Keyspan has traditionally done a fine job on their projects in town. He questions the need for silt barriers on such a small project. Ms. Dower commented that the barriers provide a line beyond which workers cannot go, thus protecting the marsh area. Mr. Collins said that giving a six-foot limit of work would accomplish the same purpose. Mr. Malo said a silt barrier would serve some benefit, but that one of the conditions might be that it be removed as soon as the project is completed.
The hearing was closed and Ms. Dower MOVED and Mr. Smith SECONDED the motion that the project be approved with the following conditions: 1-18, 19, 20, 21, 22, 29, and 38, the use of a movable fiber roll siltation barrier (rolling silt barrier) adjacent to the immediate area of work.
SO VOTED UNANIMOUSLY.
7:53 P.M. Notice of Intent filed by Steven & Kimberly Schwartz, 65 Huckleberry Lane, Map 07, Parcel 352.
Applicants propose general renovation including replacement of existing roof, repair of building exterior, 100-square foot expansion of footprint and installation of a full foundation under a single-family dwelling within 100' of a Bordering Vegetated Wetland at the above-referenced property. The proposal is to install a full foundation and increase the footprint laterally by five feet. The new footprint will be no closer to the wetland than the existing dwelling which is outside of the 50' Buffer.
Tim Brady of East Cape Engineering, Inc. described the project. Mr. Lind said that it looked relatively routine. The Commissioners found no significant problems with this proposal.
The hearing was closed and Mr. Smith MOVED approval with conditions 1-18, 19, 20, 21, 22, 23, 24, 26, 29, 33, 35, and 37 establishing a “No-Mow” zone from the back of the shed to the wetland as marked on the plan. Mr. Collins SECONDED the Motion.
SO VOTED UNANIMOUSLY.
8:11 P.M. Continuation of Hearing on Notice 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.
Tim Brady, the applicants’ representative, requested a continuation of this hearing until 11 December 2007.
Mr. Collins MOVED and Ms. Dower SECONDED the Motion to continue.
SO VOTED UNANIMOUSLY.
8:11 P.M. Continuation of Hearing on 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.
The Applicants propose the construction of a joint stone revetment along the Toe of the Coastal Bank; a 140' stone revetment at 15 Cliff Road, Map 19, Parcel 048; and, a 210' stone revetment at 65 Cove Road, Map 19, Parcel 049.
Mr. Brady, the Applicants’ representative, explained the changes in this proposal from his first presentation. The revised proposal is for the installation of vinyl-coated wire baskets filled with stone instead of a rock revetment. The wire baskets require less construction time, a substantially smaller footprint, no staging, and a smaller work limit.
The originally-proposed stone revetment was to be constructed to elevation 15' with a 7' overdig strip. Due to their steep design, the wire baskets will stop at elevation 13' with no over digging required. The wire baskets are stacked almost directly on top of one and another; thus, the top of the baskets will be closer to the Toe of the Bank than the top of the revetment, making the overall footprint smaller. Finally, the extensive invasive species removal program along the Coastal Bank has been eliminated from the proposal.
The contractor will use the paved landing and existing concrete ramp located to the South of the properties for access. Using this access route avoids the installation of an access path over the Coastal Bank. The bank will be left untouched with the exception of some pruning at the Top of the Bank.
Mr. Lind said he visited the site with Mr. Neis a week ago. He said the revised proposal was being presented for the first time at this meeting, so he was unable to respond to it yet.
Mr. Hoerle addressed the proliferation of Phragmite on the properties in question and Mr. Brady said that removal could be included in the Order of Conditions if the Commissioners wished. Mr. Collins noted that this is a large project and that he would like Mr. O’Connell of WHOI to take a look at it and make a recommendation. Ms. Dower said she has experience with the “basket” treatment and feels it could be successful. Mr. Smith asked whether the baskets could actually prevent collapse of the bank and Mr. Brady said it does help. Mr. Smith asked about the impact on animal life and Mr. Brady said the it should not prevent animal movement.
Mr. Hoerle inquired about the material in the baskets and Mr Brady said they were much like lobster pots. Mr. Lind said they are coated with PVC and tend to last a long time.
The Commissioners expressed an interest in a site visit with Jim O’Connell. Mr. Lind said he would like the Phragmite removed as part of the project. Mr. Collins suggested that other invasives be removed as well while work is going on in the area.
Mr. Lind said he will make arrangements for a site visit with Mr. O’Connell. Mr. Brady requested a continuance until 11 December 2007.
Mr. Collins MOVED for continuance and Mr. Smith SECONDED the Motion.
SO VOTED UNANIMOUSLY.
9:02 P.M. Request for Certificate of Compliance, Francis Zarette, DEP
SE 19-1187, 15 Cliff Road, Map 18, Parcel 048.
A Certificate of Compliance for this project of the construction of a stairway on a Coastal Bank was applied for a year ago and the Commission had found debris on the bank and wood chips put down in the area. Also, the vegetation had not grown in.
Mr. Collins said that the situation seemed better to him now and the area was essentially in compliance. In regard to the green appearance of the manicured lawn right up to the bank, a letter will be written to the Applicant asking that all applications to the lawn be discontinued.
Ms. Dower MOVED and Ms. Williams SECONDED the Motion to grant a Certificate of Compliance for DEP SE 19-1187.
SO VOTED UNANIMOUSLY.
9:20 P.M. Administrative Review submitted by Allen Bonnell, 625 Kingsbury Beach Road, Map 11, Parcel 022OR.
Laura Schofield of Schofield Brothers of Cape Cod described the proposal to remove two windblown trees within a few feet of the 100' jurisdiction from Great Pond.
Mr. Collins MOVED and Mr. Smith SECONDED the Motion to ratify this Administrative Review.
SO VOTED UNANIMOUSLY.
The Commissioners reviewed the Minutes of 25 September and 9 October 2007. It was MOVED and SECONDED to approve both sets of Minutes.
SO VOTED UNANIMOUSLY.
Mr. Lind told the Commissioner about a DEP site visit at the Seppala residence at 90 Log Cabin Road which would take place on Wednesday, 14 November at 11:00 A.M. regarding their appeal of the Denial Order of Conditions for the construction of a garage.
He also informed the Commissioners about the 2007 New England Private Well Water Symposium to be held December 3rd & 4th.
There was no further business and Mr. Smith MOVED to adjourn at approximately 9:35 P.M. Mr. Hoerle SECONDED the Motion
SO VOTED UNANIMOUSLY.
Minutes taken by Judith Williams,
Transcribed and respectfully submitted.
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