EASTHAM CONSERVATION COMMISSION
08 January 2008
MINUTES
PRESENT: Steve Smith, Leah Dower, Glenn Collins, David Hoerle, Dennis Murley, Judith Williams, Terry Kelleher.
STAFF PRESENT: Deputy Natural Resource Officer Amy Usowski.
ALSO PRESENT: Tim Brady of East Cape Engineering, Inc., John and Eileen Oslund, Seth Wilkinson & Brian McGowan of Wilkinson Ecological Design, Paul Higgins, Peter Haig, John O’Reilly & Keith E. Fernandes of Bennett & O’Reilly, Inc., Joe Nies, Joy Cuming of Architects Studio Ltd., Gordon Peabody of Safe Harbor Environmental.
Chairman Murley opened the meeting at 7:00 P.M.
The Commissioners reviewed the Minutes of 11 December 2007. Mr. Collins MOVED approval with a few minor changes, and Mr. Hoerle SECONDED the Motion.
SO VOTED UNANIMOUSLY.
Mr. Collins reported on the pedestrian bridge being constructed between Bridge and Great Ponds. He said that it is necessary to construct the bridge so that a horse cannot pass over it. Some idea were suggested by Commission members. Deputy Usowski said she will bring these concerns to Mr. Lind.
7:15 P.M. Notice of Intent filed by Sharen C. Shipley & Robert J. Shipley, 55 Schoolhouse Road, Map 12, Parcel 066.
Chairman Murley announced this hearing.
This is an after-the-fact filing for clearing of vegetation within the 100' Buffer Zone of the Bordering Vegetated Wetland of a pond. The applicants propose to re-plant native species within the Buffer Zone.
Deputy Usowski distributed both a site plan and a letter with recommendations from
the Division of Fisheries and Wildlife.
Tim Brady of East Cape Engineering, Inc. spoke for the applicants saying that the fines associated with the Enforcement Order had been paid and that the applicants are ready to proceed with the re-planting. He said that the landscaping company has not yet been designated.
Mr. Murley made some comments and suggestions for the list of proposed plants for the project. He suggested a visual “NO MOW” barrier at the 50' mark, such as a
split-rail fence or boulders. Mr. Collins noted that the property has a significant slope down to the pond. Mr. Murley said that a 50' Buffer should be sufficient to absorb whatever leaches toward the pond. Mr. Brady said he had also noticed the grade, but didn’t think that there was a serious drainage issue there. Mr. Hoerle asked that the leaves be left to create a natural buffer.
Mr. Brady said that he will suggest a path to the water with no other activity within the 50' Buffer Zone. Mr. Murley noted that this has been done before. Deputy Usowski suggested that an annual site inspection be included in the Order of Conditions.
There were no further questions or comments and Chairman Murley closed this hearing.
Mr. Smith MOVED that the Commission provisionally approve this project and Mr. Kelleher SECONDED the Motion with Order of Conditions 1-18, 19, 20, 21, 26, 34, 37, 38 approval based upon a final landscape plan, 39 a site inspection shall take place annually to ensure 90% survival.
SO VOTED UNANIMOUSLY.
7:30 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.
Chairman Murley announced this hearing. Both 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 that since Jim O’Connell has not yet sent his report on the site visit for this proposal, there is no additional information. He asked that the hearing be continued until the next meeting.
Mr. Kelleher MOVED and Mr. Hoerle SECONDED the Motion to continue until
22 January 2008.
SO VOTED UNANIMOUSLY.
7:45 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.
Chairman Murley announced this hearing. Tim Brady of East Cape Engineering, Inc. and Brian McGowen of Wilkinson Ecological Design presented this proposal. Mr. Brady provided some additional information on the project including the addition of fill material on the seaward side of the proposed baskets as well as stabilization with plantings. A list of plants has been submitted. He also included the two larger sized trees on the plan so that they can be left on the site with some pruning to improve their balance on the slope. He noted that he is still waiting for a letter from Jim O’Connell to finalize plans. Deputy Usowski said that there was also a question about the height of the baskets to be placed along the slope and Mr. Brady said the height would be six feet.
Mr. Hoerle asked how the sand or clay fill would be brought in. Mr. Brady said that is would be brought in by Bobcat, through the parking lot and down the sandy beach area, removing a portion of the pier to bring it along the limit of work.
Mr. Murley said this could create a permanent right-of-way in the area and would also be dumping silt into Town Cove, perhaps to the detriment of the area. He said he would lean more toward not bringing in all this material along a created path. He said he would be leery of going ahead with this project until it could be determined how the sediment could be dealt with. Mr. Brady suggested that the new plan be forwarded to Mr. O’Connell for his comments.
Mr. Collins mentioned that there were several invasive species that were noted on the site visit and wondered whether the removal of those and replanting would be beneficial. Mr. Brady noted that it was part of the original proposal and was removed, but could be reinstated.
Mr. Kelleher MOVED to continue this hearing until 22 January 2008 and Mr. Hoerle SECONDED the Motion.
SO VOTED UNANIMOUSLY.
8:15 P.M. Notice of Intent filed by John R. & Ellen Oslund, Jr., 80 Lawton Road, Map 14, Parcel 045.
Chairman Murley announced this hearing. The applicants propose removal of an existing dwelling and deck and reconstruction of a dwelling and deck within 100' of the 50' Buffer to a Bordering Vegetated Wetland.
John O’Reilly of Bennett & O’Reilly, Inc. was present for the applicants and described the plans for the construction of the house. Seth Wilkinson of Wilkinson Ecological Design spoke to mitigation measures for the project. This would include the creation of a bio-filtration retention basin that would be planted with native shrubs as described in his Buffer Report and Improvement letter.
Deputy Usowski recommends a fairly comprehensive landscape plan with annual inspections.
Mr. Hoerle noted that clearing of invasive species has its advantages and disadvantages. He said that many of these species are friendly to wildlife and this kind of micro-management may not be the best solution.
Mr. Murley asked why this project could not be moved back farther. Mr. O’Reilly said that only the shed is within the 50' Buffer and Mr. Kelleher noted that the majority of the house is within the 100' Buffer Zone.
Mr. Murley requested more details on the construction procedures, specifically how the old building materials would be removed. Mr. O’Reilly said that a building sequence will be provided.
Ms. Williams commented that because of the addition of such a large house in the area, she would like to see no lawn area between the house and the pond. Mr. Murley said that there might be a ratio that could be decided on. Mr. Collins said that on this particular site, the house could be set farther back with the elimination of some of the grass area. Ms. Dower said that a natural area could be a wonderful area for children. Mr. Higgins, an abutter, commented that there are Locust trees in the area that he would like to see removed.
Mr. O’Reilly requested a continuance until the next meeting and it was so moved and voted unanimously.
9:00 P.M. Notice of Intent filed by Thomas Cafro, 13 Nycoma Way, Map 10, Parcel 327.
Chairman Murley announced this hearing. The applicant proposes construction of a
20'x24' garage within a Coastal Sand Dune. In January 2007, the Commission approved a 12'x20' garage on this site. This is a new filing for a larger garage than what was previously approved.
Deputy Usowski expressed concern that the pilings would be tall enough to accommodate the movement of the dune. Mr. Murley pointed out that there had been many mitigations in the development of the previous approval aimed at maintaining the corridors. He noted that this is perhaps the last naturally vegetated area on this site.
The Commissioners discussed the history of the project and the degree to which they have made concessions to the applicant.
Mr. Collins pointed out that the Commission has spent hours on this project. He said that what Mr. O’Connell and the Commission analyzed and approved previously is not what is proposed here. Mr. Smith said that on his site visit he noted that there are
elements on this property that are prohibiting the migration of sand. He said that he has practical reasons for being concerned about the proposal and noted the difference between what an applicant needs versus what an applicant wants.
There were no further comments or questions and Chairman Murley closed this hearing.
It was MOVED by Mr. Collins to approve this proposal and SECONDED by Ms. Williams.
THE VOTE WAS 0 IN FAVOR AND 7 OPPOSED.
9:35 P.M. Notice of Intent filed by Victor Coletti, 155 Sparrow Road, Map 04, Parcel 195.
Chairman Murley announced this hearing. Gordon Peabody of Safe Harbor Environmental and Joy Cuming of Architects Studio Ltd. presented the design for this proposal, the construction of a 168sf. addition to an exterior deck.
Deputy Usowski offered no objections to the proposal. Mr. Hoerle commented that he appreciated the extension of activity in an area which will not add activity to the dune area.
There were no additional questions or comments and Chairman Murley closed this hearing.
Mr. Collins MOVED approval and Mr. Hoerle SECONDED the Motion with Order of Conditions 1-18, 19, 20, 21, 22, 25, 29, 32, 33, 35. A list of mitigation was provided by Mr. Peabody.
SO VOTED UNANIMOUSLY.
9:55 P.M. Request for Certificate of Compliance, Daniels, DEP SE19-1256, 33 Bayberry Lane, Map 13, Parcel 158
Tim Brady of East Cape Engineering, Inc. had requested this Certificate of Compliance on behalf of Ms. Daniels.
The Commissioners noted that the property was not in substantial compliance. Chairman Murley suggested that the applicant be provided with a list of problem areas. The Commission would like the mulch and heavy gravel to be removed, and more native plantings.
Mr. Collins MOVED to deny a Certificate of Compliance at this time. Ms. Williams SECONDED the Motion.
SO VOTED UNANIMOUSLY.
10:10 P.M. Submission of Revised Plan for Robinson, DEP SE 19-1282, 18 Asparagus Lane, Map 19, Parcel 036.
The Commission reviewed a revised plan submitted by Stephanie Sequin of Ryder & Wilcox, Inc. The plan was revised, as required by the Board of Health, to show a proposed septic tank with an innovative/alternative “Advantex” system. The proposed limit of work on the plan has been modified to allow for the removal of the existing tank and the installation of the new tank.
Mr. Kelleher MOVED to accept the revised plan dated 12/17/07 and Mr. Smith SECONDED the Motion.
SO VOTED UNANIMOUSLY.
There was no further business and Mr. Smith MOVED to adjourn at approximately 10:12 P.M. Mr. Kelleher SECONDED the Motion
SO VOTED UNANIMOUSLY.
Minutes taken by Judith Williams,
Transcribed and respectfully submitted,
| 
