EASTHAM CONSERVATION COMMISSION
12 February 2008
MINUTES
PRESENT: Steve Smith, Leah Dower, Glenn Collins, David Hoerle, Dennis Murley.
STAFF PRESENT: Deputy Natural Resource Officer Amy Usowski.
ALSO PRESENT: Joseph H. Nies, Christian Norgeot of Anchor Marine, Inc., Laura Schofield of Schofield Brothers of Cape Cod, 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 22 January 2008. Mr. Smith MOVED approval with a few minor changes, and Mr. Collins SECONDED the Motion.
THE VOTE WAS 4 IN FAVOR WITH ONE ABSTENTION BY MR. MURLEY.
7:15 P.M. Notice of Intent filed by the Town of Eastham, Salt Pond, Map 12, Parcel 320.
Chairman Murley announced this hearing. The applicant proposes demolition and re-construction of the boat house at Salt Pond within the Buffer Zone of a Salt Marsh.
Deputy Usowski presented the project. She said that construction is proposed within the same footprint as the existing building, but one foot higher. She said that all work will be done by hand and all sediment will be removed from the site. She said the Limit of Work will be 5' from the structure. She said the lumber used will not be pressure treated. She said the present building is condemned and not currently useful and it would be wonderful for the Town to use this building to continue to raise shellfish in a useful location. She said that the National Seashore will be conducting an archeological dig at the site prior to any construction and Natural Resource Officer Lind will be overseeing the project.
Mr. Collins asked if the Town will have to get approval from the Preservation Board and Historical Society as the structure is seventy-four years old. He said that he believes that the building may be part of a historical district. Chairman Murley agreed that this needs to be investigated.
Mr. Smith commented that catch basins to collect runoff may or may not be a good idea. Mr. Murley said that to be consistent the Commission should include a recommendation to put in a layer of gravel at the drip line. He said this would be sufficient with such a small roof.
There were no further comments or questions and Chairman Murley closed this hearing. Ms. Dower MOVED and Mr. Hoerle SECONDED the Motion to approve this project with Order of Conditions 1-18, 19, 20, 21, 22, 23, 25, 29, 33, 35, 38 a layer of gravel shall be place at drip line.
SO VOTED UNANIMOUSLY.
7:30 P.M. Continuation of Hearing on Notices of Intent filed by Nauset View Realty Trust, Francis P. Zarette, Trustee; and , Joan Kenealy-Nies, 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., present for the applicants, proposes minor changes to the plan to lower the baskets from elevation 13' to elevation 11' which brings it to the level of the 100-year flood. The water could, at times, come over the wall during an extreme storm event. He said there will be fill to cover the baskets with silt material and there will be no annual nourishment; thus, limiting the disturbance to a one-time event. He said that if there is significant erosion the applicant can re-file with the Commission.
Mr. Brady went on to say that regarding the level of machinery disturbance, there will be a smaller excavator used on top of rubber tracks and the Limit of Work will remain the same. He said that he investigated constructing the revetments from the Top of the Bank but believes that this would add impact at the time of construction. He said he also looked into fiber rolls, but doesn’t believe that they are necessary as it would mean another level of complexity. All this information is included in a letter which he presented to the Commission.
Seth Wilkinson of Wilkinson Ecological Design said he wanted to make sure the Commission realized that the only marsh plant which would be affected by construction would be some Phragmite, one Bayberry and a few other shrubs which would be transplanted. He said that a benefit of the project would be that post-construction this bare area would be planted heavily with native species.
Mr. Norgeot of Anchor Marine addressed the issue of access. He said he has fiberglass mats which he drives his truck on over lawns all the time with minor damage. He said there will be no disturbance to any root systems. He said that access from the top won’t be necessary because he can access the area from the other property.
Mr. Murley asked how many shrubs would be replanted because if that is the only reason to have the three feet perhaps they can replant at a later time; otherwise, the Limit of Work can be brought from 12' to 9'. Mr. Brady said 10-12 shrubs would be replanted and agreed that a site visit would be good to choose an area to put a few shrubs while keeping the Limit of Work to nine feet.
Mr. Collins asked what would happen to the baskets and the sediment covering the baskets if there is a storm event. Mr. Brady said that the sediment would erode naturally, and that adding nourishment regularly would be more harmful than helpful because of the unknowns. Chairman Murley agreed that the one-shot approach is the best approach.
Mr. Hoerle asked how many additional new plantings are intended and Mr. Wilkinson said that it will be a dense replanting of over one hundred. Mr. Hoerle said that over time this will re-build and add to the soil.
Mr. Smith said that if there is major storm the bank will come down and Mr. Brady said he does not believe that this will happen. Mr. Wilkinson said that there will be erosion control blankets which will make a real difference in case of rain. Mr. Smith said he did not have a problem with it as long as it’s a one-shot deal.
Chairman Murley said he wanted to make sure no maintenance was being sought. He suggested that when and if the bank does fail due to storm or lack if maintenance, the owners are responsible for coming back to the Commission for approval to clean up the project.
There were no additional comments or questions and Chairman Murley closed this hearing. Mr. Collins MOVED to approve both projects with Orders of Conditions 1-18, 19, 20, 21, 22, 26, 27, 29, 33, 38 there shall be an on-site meeting to determine the Limit of Work, generally moving landward two feet with the exception for shrub planting, 39 the applicants agree to remove the system if it fails. Mr. Smith SECONDED the Motion.
SO VOTED UNANIMOUSLY.
8:25 P.M. Continuation of Hearing on Notice of Intent filed by John R. & Ellen Oslund, Jr., 80 Lawton Road, Map 14, Parcel 045.
Chairman Murley announced this hearing. He said there was a letter from the applicants’ representative, John O’Reilly, requesting a continuance until the 26 February meeting.
THE VOTE TO CONTINUE WAS UNANIMOUS.
8:30 P.M. Request for Administrative Review filed by Ron DePaolo, 30 Lee Court, Map 11, Parcel 180.
Deputy Usowski described that there are large tree limbs falling down on the property due to Winter storms. She said she feels that the applicants are asking to limb a lot of trees but she understands their concern. The Commission agreed that this was fine.
Mr. Collins MOVED and Mr. Smith SECONDED the Motion to ratify this Administrative Review.
SO VOTED UNANIMOUSLY.
Request for Administrative Review filed by Karen Pierson, 3 Fairview Avenue, Map 12, Parcel 274.
Deputy Usowski told the Commission that the trees which are marked to be removed are infested with Turpentine beetles according to the owners. She said she saw no signs of this, but wasn’t really looking for it. Mr. Hoerle said that the young trees under the canopy will benefit from the cut. Mr. Murley said he doesn’t feel that there is a danger of the beetles spreading and feels that his is also a cut for a view corridor, but appreciates the applicant bringing this before the Commission.
Mr. Collins MOVED to ratify this AR and Mr. Hoerle SECONDED the Motion.
SO VOTED UNANIMOUSLY.
8:40 P.M. Request for Partial Certificate of Compliance, Daniels, 33 Bayberry Lane, Map 13, Parcel 158.
Tim Brady was representing the owner and said they would like a Partial Certificate of Compliance because the building and septic are completed and only additional planting needs to be done.
Deputy Usowski said that the Commission did approve mulch for the first year, but that there will be no need for further use. She said that more beach grass will be planted. She said that the gravel around the barbeque is not shown on the approved plan, but is there for safety reasons to protect the deck.
Mr. Murley said he is not pleased with the landscape and wondered what advantage there was to a Partial Certificate of Compliance and Mr. Brady said it would keep the paperwork moving.
Mr. Hoerle MOVED to issue a Partial Certificate of Compliance with Condition #28 remaining. Mr. Smith SECONDED the Motion.
SO VOTED UNANIMOUSLY.
Request for Change in Plans, Landscape Plan, Scott White, DEP SE19-1297, 1755 State Highway, Map 18, Parcel 310.
Mr. Brady was present for the applicant. The Commission agreed that the plans was acceptable and would have no negative impact.
Request for Change in Plans, Robert & Sheila Paine, DEP SE19-1235, 550 State Highway, Map 21, Parcel 76B-R.
Laura Schofield of Schofield Brothers of Cape Cod was present for the Paines. She said the gazebo did not meet the zoning set back and thus, gets pushed four feet closer to the house. She said the Limit of Work remains the same. She said a catch basin was added outside the Buffer Zone. She said they were unable to achieve gravity flow for the septic system so there was a small grading change, moving the house 9.6 inches vertically. She said this was required to have the proper coverage over the septic tank, per Title VI. She said these changes were not previously approved by the Commission.
Mr. Hoerle said he sees no adverse impact because of these changes and doesn’t feel that an Amended Order is necessary. Conversation followed regarding the fact that there are multiple plans with differing notes. Ms. Schofield said she would write a letter to be entered into the file leaving a paper trail regarding the changes in plan.
Request for Change in Plan, Wendy Kelley, 24 Salt Marsh Way, Map 17,
Parcel 687.
The owner request a change in plans to install two sections of split-rail fence. This was approved previously, but the new plans were signed.
Ms. Dower MOVED to adjourn at approximately 9:06 P.M. Ms. Hoerle SECONDED the Motion
SO VOTED UNANIMOUSLY.
Minutes taken by Leah Dower,
Transcribed and respectfully submitted,
Kay Stewart-Greeley,
Clerk
cc: Town Administrator
Town Clerk
Board of Selectmen
Building & Health
Planning Board
Library
| 
