EASTHAM CONSERVATION COMMISSION
22 January 2008
MINUTES
PRESENT: Steve Smith, Leah Dower, Glenn Collins, David Hoerle, Judith Williams, Terry Kelleher.
STAFF PRESENT: Natural Resource Officer Henry Lind, Deputy Natural Resource Officer Amy Usowski.
ALSO PRESENT: Joe Nies, Bud Macomber, Scott White, Carl Ericson, Brian McGowan & Seth Wilkinson of Wilkinson Ecological Design, John & Ellen Oslund, John O’Reilly & Keith Fernandes of Bennett & O’Reilly, Inc., Peter Haig of Architectural Design.
Mr. Hoerle chaired and opened the meeting at 7:00 P.M.
The Commissioners reviewed the Minutes of 08 January 2008. Mr. Collins MOVED approval with a few minor changes, and Mr. Smith SECONDED the Motion.
SO VOTED UNANIMOUSLY.
7:15 P.M. Notice of Intent filed by Scott White, 1755 State Highway, Map 18, Parcel 310.
Mr. Hoerle announced this hearing. The applicant proposes construction of a
single-family dwelling within 100' of a Bordering Vegetated Wetland. This project was approved in December 2004 under DEP SE 19-1159. That Order of Conditions expired in December 2007. Under that Order a well and driveway were installed, and part of the building site was cleared. The project has not changed and the same plan was submitted for approval. At the time the project was initially approved, the project was not within Estimated or Priority Habitat.
Tim Brady of East Cape Engineering, Inc. presented the project. Deputy Usowski called for the same Order of Conditions as last time, with the addition of #37 “No Mow” around the edge of the Bordering Vegetated Wetland allowing it to naturalize; and
38 re-establish the existing silt fence for the Limit of Work. She
also mentioned that Natural Heritage has not yet submitted a letter regarding information on the topic of this area being an Estimated or Priority Habitat.
Mr. Collins said that this project should be approached as a new project, with the inclusion of a landscape plan and other possible considerations. Ms. Dower asked about the driveway, and Mr. Brady said it would be made of pervious material. Mr. Smith suggested that a smaller garage might pull the whole project farther away from the resource. Mr. Hoerle asked about a landscaping plan and Mr. Brady said that one would be submitted.
There were no further questions and Mr. Hoerle closed this hearing. Mr. Collins MOVED that the project be approved with Order of Conditions 1-18, 19, 20, 21, 22, 23, 24, 25, 26, 27, 28, 29, 33, 35, 37 “No Mow” zone around the edge of the Bordering Vegetated Wetland identified by a split-rail fence or large stone delineation,
38 re-establish existing silt fence for Limit of Work, 39 provide landscaping plan which identifies stabilization of the filled area. Mr. Kelleher SECONDED the Motion.
SO VOTED UNANIMOUSLY.
Deputy Usowski noted that the Order will be held until the letter is received from Natural Heritage.
7:45 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.
Mr. Hoerle announced this hearing. The applicants propose construction of stone revetments along a Coastal Bank, bank nourishment and beach grass planting on the face of the Coastal Bank.
Based on the 15 January 2008 letter from Jim O’Connell, WHOI Sea Grant and Cape Cod Cooperative Extension, Mr. Brady requested to withdraw the project.
Mr. Kelleher MOVED and Mr. Collins SECONDED the Motion to accept the request for withdrawal.
SO VOTED UNANIMOUSLY.
7:47 P.M. Continuation of Hearing on Notice of Intent filed by Nauset View Realty Trust, Francis P. Zarette, Trustee, 15 Cliff Road, Map 19, Parcel 048; and, Joan Kenealy-Neis, 65 Cove Road, Map 19, Parcel 049.
Mr. Hoerle announced this hearing. The applicants propose construction of a joint revetment along the Toe of the Coastal Bank.
Mr. Brady of East Cape Engineering, Inc. said they would like to do the project as proposed, with no follow-up activity. He addressed Mr. O’Connell’s suggestion that the project be conducted from the Top of the Bank rather than create a path through the marsh. He feels that the bank is too steep for that. He said that equipment would still have to be introduced to the bottom of the bank and said he would still like to do the work in the 12' zone at the bottom of the bank and then leave it alone. He also discussed Mr. O’Connell’s discussion on possible volume of material to be place on the bank based on the erosion rate. Rather, he would just like to cover the baskets to be planted on the bank, and stabilize the Toe of the Bank with as little disturbance as possible. He would
also try to retain the large trees.
Deputy Usowski mentioned the discrepancy involving the mean high water line on the plans. She said it might be adjusted farther inward than the plan shows. Mr. Brady said that could be adjusted. She said there is also no datum on the plan and suggested that the height of the gabion revetment be limited to ten feet. Mr. Brady said that if the Commission allows the bank to be protected, the depth of the gabion with the use of mitigation should not matter.
Mr. Hoerle suggested a combination of fiber roll and gabion. The fiber roll might aid in planting. Mr. Brady said that he doesn’t see the advantage to a hybrid project. Brian McGowan of Wilkinson Ecological Design agreed.
Ms. Williams expressed concern that the project does not include establishing a stronger root system from the top of the bank. Mr. Collins agreed that fiber rolls on top of the structure might be preferable along with identifying control points.
Mr. Kelleher noted that the 13' elevation of the gabions is higher than necessary, and it should be more like 10' of 11'. He also noted that disturbance along the marsh can lead to additional problems. Ms. Dower said that not following up with additional nourishment is preferable to her. She said that it may be difficult to measure what volume would be appropriate.
Mr. Brady said that it won’t be nourishment, but a reconstruction activity. He has a list of concerns to be discussed with his client. Mr. McGowan said that a lot of the area at the toe of the slope has been washed away, with not a lot of vegetation. He feels that additional vegetation at the toe would be helpful.
Mr. Smith said that he would like to see vegetation at the head of the bank. He said that with regard to construction, he would like to see mining cars, or the smallest possible size excavator, which could bring the work limit inside of the actual finished project.
Mr. Lind commented on the notion of sediment being deposited on the salt marsh surfaces. He said he has spoken with Mr. O’Connell and not very much is known about the role of sedimentation on a salt marsh. Mr. O’Connell said it has be a fine material and the estimate of volume would have to be guessed. He said the Commission should consider the embankment as a sediment source and a vertical buffer as well.
Mr. Nies spoke to the project and noted that they would like to find the right balance with a reasonable project that won’t do harm to the marsh. He said that the 13' height is not fixed in his mind and he would support looking for the best plan.
Mr. Brady requested a continuance until 12 February. Mr. Collins MOVED to continue until 12 February and Mr. Kelleher SECONDED the Motion.
SO VOTED UNANIMOUSLY.
8:32 P.M. Continuation of Hearing on Notice of Intent filed by John R. & Ellen Oslund, Jr., 80 Lawton Road, Map 14, Parcel 045.
Mr. Hoerle announced this hearing. The Applicants propose removal of an existing dwelling and deck and the reconstruction of the dwelling and deck within 100' of the 50' Buffer to a Bordering Vegetated Wetland.
John O’Reilly of Bennett & O’Reilly, Inc. spoke to the project with a revised plan and a landscaping plan by Wilkinson Ecological Design. He said the shed will be removed and there are new proposed Limit of Work lines. A designated biofiltration area is planned along with a new planting plan with a mitigation ratio of two to one.
Seth Wilkinson spoke to the construction protocol and the Land Management Plan. There will be a two-phased approach, directing runoff water to the biofiltration area.
Deputy Usowski thanked them for coming back with a more detailed plan for both construction and landscaping. Mr. Collins also thanked them and said the mitigation is appreciated; but, asked why the house could not be moved back farther. Mr. O’Reilly said that the removal of the shed would accomplish moving the house farther from the resource.
Mr. Smith said that he doesn’t feel that the removal of the shed provides mitigation. He said he would like to see the footprint shifted. Mr. Peter Haig of Architectural Design questioned why the removal of the shed does not satisfy the Commission. Mr. Smith explained that the Commission was looking for less building in the sensitive area. Mr. Hoerle said that the Commission would like to eliminate activity in the 50' area. Ms. Dower said that the planting plan is good, but the Commission has trouble understanding why the house is not moved back.
Mr. Collins said that it is the Commission’s job to keep activity away from the pond and the problem is still the house and the activity around the house. Mr. Kelleher noted that the proposed house is almost triple the size of the existing house. He said he would like to see the house moved back. Mr. Smith noted that the planting scheme is valuable, but the changes are still not enough.
Mr. Hoerle said the charge of the Commission is to preserve Eastham neighborhoods as natural areas.
Mr. O’Reilly asked more about the goal of the Commission and requested another continuance until 12 February.
Mr. Collins MOVED and Mr. Kelleher SECONDED the Motion to continue until
12 February 2008.
SO VOTED UNANIMOUSLY.
9:15 P.M. Request for Certificates of Compliance, Whaley, SE 19-1032 &
SE 19-1096, 7 Nycoma Way, Map 10, Parcel 325.
This request is for two projects. DEP SE 19-1032 was for replenishing the Toe of the Bank with approximately 100 cy. of clean, coarse sand.
Mr. Kelleher MOVED to issue a Certificate of Compliance for DEP SE 19-1032 and Mr. Smith SECONDED the Motion.
SO VOTED UNANIMOUSLY.
DEP SE 19-1096 was for the removal of an existing dwelling and replacement with a new dwelling within a mapped Coastal Dune area and within Land Subject to Coastal Storm Flowage.
Mr. Kelleher MOVED to issue a Certificate of Compliance DEP SE 19-1096 and Mr. Smith SECONDED the Motion.
SO VOTED UNANIMOUSLY.
9:21 P.M. Request for Change in Plans, Kelly, DEP SE 19-1277, 24 Salt Marsh Way, Map 17, Parcel 687.
The applicant requests adding an open-style, split-rail fence along the boundary lines of the property. The applicant will submit a revised plan to the Commission.
It was MOVED and SECONDED to accept this change in plans.
SO VOTED UNANIMOUSLY.
9:25 P.M. Denial Order of Conditions, Cafro, DEP SE 19-1294, 13 Nycoma Way, Map 10, Parcel 327.
The Commissioners reviewed denial conditions prepared by Officer Lind. Mr. Lind congratulated the members for their work and encouraged them to continue holding the line against persistent applicants. He went on to explain the denial conditions.
The Commissioners signed the Denial Order of Conditions.
Deputy Usowski distributed the new planting plan for Shipley, 55 Schoolhouse Road. Ms. Dower MOVED and Mr. Smith SECONDED the Motion to accept this plan.
SO VOTED UNANIMOUSLY.
Ms. Dower MOVED to adjourn at approximately 9:50 P.M. Ms. Williams SECONDED the Motion
SO VOTED UNANIMOUSLY.
Minutes taken by Judith Williams,
Transcribed and respectfully submitted,
Kay Stewart-Greeley,
Clerk
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