EASTHAM CONSERVATION COMMISSION
11 December 2007
MINUTES
PRESENT: Steve Smith, Leah Dower, Glenn Collins, David Hoerle, Dennis Murley, Judith Williams, Terry Kelleher.
STAFF PRESENT: Natural Resources Director Henry Lind, Deputy Natural Resource Officer Amy Usowski.
ALSO PRESENT: Cathy Sanders, Tim Brady of East Cape Engineering, Inc., Gordon Peabody and Genvieve Eustis from Safe Harbor Environmental.
Chairman Murley opened the meeting at 7:02 P.M. The Minutes of 13 November 2007 were reviewed and approved as submitted.
Mr. Lind discussed a Stearns and Wheeler presentation on area water quality studies which he recently attended. The report showed that Rock Harbor has a problem with Nitrogen levels. The company is pursuing means of funding for water resource management. Deputy Usowski has already worked with the Health Agent in the study of these matters and will continue to remain involved. The Commission further discussed possible means of reducing Nitrogen levels in local waters.
7:15 P.M. Continuation of Hearing on 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.
Applicants propose construction of stone revetments along a Coastal Bank, bank nourishment and beach grass planting on the face of the Coastal Bank.
Tim Brady of East Cape Engineering, Inc. said there was no additional information to present because there was no on-site meeting with Jim O’Connell since the last meeting. Mr. Lind said he would try to coordinate with Mr. O’Connell for an on-site
meeting on December 18th. Mr. Brady requested a continuation until the next meeting on 08 January 2008.
Mr. Kelleher MOVED and Mr. Hoerle SECONDED the Motion to continue.
SO VOTED UNANIMOUSLY.
7:21 P.M. Administrative Review submitted by Steve and Cathy Sanders, 75 South Eastham Street, Map 21, Parcel 12.
The proposal is for an addition of an 8' breezeway and a 28'x26' garage. The resource area that will be affected by this project is the 100' Buffer Zone to the edge of the Bordering Vegetative Wetland. Mr. Lind showed photos of the area demonstrating that there will be minimal new disturbance to the area.
Mr. Kelleher said he inspected the area and saw no problem with this construction project. Mr. Murley asked whether Ms. Sanders would be willing to forego mowing close to the resource area. Ms. Sanders said that the habitat of the area is beautiful and they have no desire to have it other than a natural area.
Acting under an Administrative Review, Mr. Kelleher MOVED that the proposal be ratified and Mr. Collins SECONDED the Motion.
SO VOTED UNANIMOUSLY.
7:30 P.M. Administrative Review submitted by George Swope, 22 Asparagus Lane, Map 15, Parcel 080.
This property is located on a Coastal Bank along Cape Cod Bay. The proposal is to remove three trees on the East side of the property which are on the Bank. Mr. Lind explained that since the trees are in a resource area, an Administrative Review is not appropriate in this instance. He recommended that at least a Request for Determination of Applicability (RDA) be submitted.
Mr. Hoerle questioned whether a stump could be left to serve as habitat and Mr. Murley said that the stump would not last long enough to matter and that reviewing this as an RDA would give the Commission control over the replacement plantings. Ms. Dower said she preferred the RDA for that reason. Mr. Smith suggested that it might be better to require a Notice of Intent.
Mr. Swope will receive a letter stating that an Administrative Review is not sufficient for this proposal and that he is invited to submit a Notice of Intent if he wishes to proceed.
7:45 P.M. Administrative Review submitted by Richard Boyatzis, 32 Tomahawk Trail, Map 025, Parcel 016.
This proposal is to remove an almost dead tree which is inhabited by boring tree moths. It is a possible danger to the house in high winds. The tree is functionally dead with insufficient vegetation left to sustain life.
Mr. Lind said the Mr. Boyatzis visited the Conservation office to discuss alternatives to the landscaping which exists on the property. Mr. Lind said that the consensus is that it would be best to flush cut the tree before the pests spread to other areas on the property. Mr. Kelleher said he agreed that an Administrative Review is sufficient for the removal of the tree. Mr. Hoerle noted that some trees can be saved by a systemic chemical treatment of the tree. Mr. Lind said that this tree is probably beyond the point where it can be helped.
Under an Administrative Review, Mr. Collins MOVED and Mr. Smith SECONDED the Motion to ratify this proposal.
SO VOTED UNANIMOUSLY.
8:00 P.M. Request for Certificate of Compliance, Amy Gussack & Kermit Moyer, 50 Vandale Circle, Map 15, Parcel 080.
This is a request by Joy Cuming of Architects Studio Ltd. on behalf of Amy Gussack, stating in a letter that the project has been completed with the exception of an access walkway to the pond. The process would be to issue a Partial Certificate of Compliance.
Mr. Lind showed photos of the construction of the new deck and outside shower and the replacement of the balcony. The walkway is still to be constructed. Gordon Peabody of Safe Harbor Environmental introduced himself and his assistant, Genvieve Eustis and passed out copies describing Safe Harbor’s biolog erosion control systems. He thanked the Commission for the information which had been shared in order to develop this system. He explained the advantage this system has over hay bales.
Mr. Collins MOVED and Ms. Dower SECONDED the Motion to issue a Partial Certificate of Compliance for this project with the walkway outstanding.
SO VOTED UNANIMOUSLY.
Ms. Dower left the meeting at this time.
8:16 P.M. Administrative Review submitted by Wildcare, 10 Smith Lane,
Map 20, Parcel 125/126.
This proposal is for construction of a Raptor aviary. The work was approved and conditioned under Order of Conditions SE19-1152; however, the Order of Conditions expired in October and this is the last portion of the project not completed. All that remains is the actual construction of the aviary in the area previously cleared. The two pre-existing small Raptor cages that were where the new one is proposed have been relocated.
Although the project is closer than 50' from the resource area, Mr. Lind suggested that an Administrative Review might be appropriate. Mr. Kelleher said that if this is to be accomplished manually, he has no problem with the project.
Mr. Collins noted that the Wildcare people are good stewards of the property and MOVED that this Administrative Review be ratified. Mr. Kelleher SECONDED the Motion.
SO VOTED UNANIMOUSLY.
Chairman Murley led a discussion on the current Eastham Conservation Commission regulations. Mr. Collins suggested that the fines be increased. Mr. Lind will draft a new set of regulations to be presented at the next meeting.
There was no further business and Mr. Hoerle MOVED to adjourn at approximately 9:00 P.M. Mr. Smith SECONDED the Motion
SO VOTED UNANIMOUSLY.
Minutes taken by Judith Williams,
Transcribed and respectfully submitted.
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