EASTHAM CONSERVATION COMMISSION
11 March 2008
MINUTES
PRESENT: Leah Dower, Glenn Collins, David Hoerle, Terry Kelleher
STAFF PRESENT: Deputy Natural Resource Officer Amy Usowski, Natural Resource Director/Harbormaster Henry Lind
ALSO PRESENT: Shawn E. Shea of Misty Hill Landscape Design Ltd., Jan Carlson, Peter Wade, David Lyttle of Ryder & Wilcox, Inc., John O’Reilly and Keith Fernandes of John O’Reilly & Associates, Inc., Attorney Duane Landreth, John & Eileen Oslund, Seth Wilkinson of Wilkinson Ecological Design.
Mr. Hoerle chaired and opened the meeting at 7:06 P.M.
The Commissioners reviewed the Minutes of 26 February 2008. Mr. Collins MOVED approval with a few minor changes and Mr. Kelleher SECONDED the Motion.
SO VOTED UNANIMOUSLY.
7:15 P.M. Notice of Intent filed by Lydia H. & Carl W. Harris, 531 Dyer Prince Road, Map 19, Parcel 118.
Mr. Hoerle announced this hearing. The applicants propose construction licensing, and maintenance of a pier and floats in Rock Harbor Creek. Work will occur on a Coastal Bank, Coastal Beach, and over Land Under a Body of Water. David Lyttle of Ryder & Wilcox, Inc. was presenting this project and Attorney Duane Landreth, representing the Applicants, was present.
Mr. Lyttle explained that this project is not within the ACEC because the Town needed the ability to dredge and said he had a map to present which shows this. Officer Lind agreed that this is true.
Mr. Lyttle said the proposal is for a permanent timber pier with removable ramp and floats. He said the pier and ramp would look just like the neighboring Town pier. He
said the tide range is approximately 8.2 feet and there is adequate depth available. Mr. Lyttle said that the Coastal Bank is eroding due to the dredging and the owners have lost considerable land but there is enough depth for this pier.
The entire pier would be within the intertidal zone. Mr. Lyttle said he was told by marine experts that it would be better in an area with ice, like this, to have the entire pier above Mean Low Water with the pilings closer together. He said this area is a steep bank and he feels that the shellfish could be removed during installation if necessary.
Deputy Usowski said she is concerned that the distance between the Town pier and the proposed pier, and also the proposed pier and the Orleans docks was too small to safely turn and navigate boats. She said she received a letter from Dawson Farber, Orleans Harbormaster, stating that the project would not be safe for public navigation.
Officer Lind, as Harbormaster of Eastham, stated that what is missing from this proposal is that usually there would be a boat on the pier, so that takes up 9 feet beam and up to 25 feet length, and this area has been used as a turning area. Secondly, he said the distance from the end of the proposed pier to the Town pier is 35 feet, not allowing for a boat on the pier there. He said this location is on the outside of the channel where the current is the strongest and there is just not enough room for people to safely turn a boat.
Mr. Lind said that dredging in the past has occurred in front of the Harris’ property, but has ceased since 1991 because the Harrises were concerned about erosion and requested that it not be dredged. He said the reason the area is currently deep is from the current in the channel which can be 1-2 knots and the greatest velocity is on the outside of the curve where this dock is proposed. He said he has never observed a piling above Mean Low water in Rock harbor having any trouble with ice, so spacing of the pilings does not need to be as close as proposed. Mr. Lyttle said he doesn’t feel that the 24-foot spacing recommended by Division of Marine Fisheries is too great a distance. Mr. Lind agreed that this is an engineering question.
Mr. Lind said that he does feel the area is habitat for shellfish and although the area is closed to shellfishing the designation of habitat has nothing to do with the ability to farm. He said that the Commission needs to be presented with an evaluation of the shellfish which are there.
Mr. Lind said he feels the discussion of the ACEC boundaries is correct, but the entire Rock Harbor Estuarian System is considered an Outstanding Resource Water and is considered severely impacted. He said that shellfish are excellent at cleaning water and this would be a great way to help protect the area. He said that additionally, there is also Broom Crowberry in the area and this should be protected as well.
Mr. Collins added that there are probably Diamondback Terrapin and other species of concern to consider. He said he feels that this is a large project in a very sensitive area and perhaps the proposal could be downsized.
Mr. Kelleher said the path may be under water at high tide. He said he feels there needs to be more information relative to a stockpiling area and staging.
Mr. Lyttle said he has no problem preparing a construction protocol for the Commission and asked Mr. Lind if the concern was about the size of the project or the project itself. Mr. Lind said that the Town has looked at expanding the harbor multiple times, but it has never been done because it is not in the best interest of Rock Harbor. He said that Orleans has acted in a similar fashion to protect its resource. Mr. Lind explained that the Army Corp of Engineers says that construction should not extend into more than 25% of the waterway and this proposal extends 80% into the waterway.
Mr. Lyttle said that Harris family feels frustrated with the Town and would like their property to be usable. He said they are going to move forward and he would like to address the Commission’s environmental concerns.
Mr. Hoerle said that although this is private property, it is tangential to Town space and is in a critical habitat that must be taken into consideration. Mr. Collins added that it would be good to discuss what kind of materials would be used, and Mr. Lyttle presented a document stating that the pier would be constructed out of a non-toxic substance.
Mr. Collins also asked about float storage and said he feels that off-site storage may be helpful as well as some shellfish mitigation.
Mr. Lyttle said he has a good list of things to address with the Applicants, and will include Mr. Lind on the shellfish study.
Attorney Duane Landreth addressed the Commission and said he feels that the Harrises have gone the extra mile with the Town and feel backed into this situation. Mr. Lyttle said that the family is looking to develop this area.
Mr. Lind asked Mr. Lyttle to consider how big the boats are which turn around and asked him to put some stakes out to show the Commission how far out the proposed dock would go.
Attorney Landreth requested a continuance.
Mr. Collins MOVED and Ms. Dower SECONDED the Motion to continue.
SO VOTED UNANIMOUSLY.
8:20 P.M. Notice of Intent filed by Goose Hummock Marine, 10 Ellis Road,
Map 22, Parcel 018.
Mr. Hoerle announced this hearing. The Applicant proposes installation of a fuel tank and fuel line to serve an existing marine facility. David Lyttle of Ryder & Wilcox, Inc. represented the Applicant. Mr. Lyttle presented a set of plans addressing the Orleans Conservation Commission’s concerns, which includes steel bollards surrounding the tank, a designated no parking area and a designated fueling area on the dock which would be the only area where boats would be allowed to fuel.
Mr. Lyttle said there were a number of concerns regarding fire safety. He said that only qualified employees will be allowed to operate the fueling and there will be a fence to keep people off the top of the fuel tank. He said that the pipe connecting the tank to the dispenser would be contained in a box with no sectioning. Mr. Lyttle said that the Orleans Harbormaster and the Orleans Fire Department feel that this fueling dock will be a benefit to the Town and much preferable to people carrying fuel themselves.
Deputy Usowski said she is very impressed with the application. She said that the Eastham Fire Department regulations do require that the fueling tank be a specific distance away from other buildings (including neighbors). Mr. Lind said that Deputy Fire Chief Foley has agreed to go over this with Mr. Lyttle and will get back to the Commission about it.
There were no further questions and Mr. Hoerle closed this hearing. Mr. Kelleher MOVED to accept this proposal subject to the Fire Department’s approval with Order of Conditions 1-18, 19, 20, 21, 27. Mr. Collins SECONDED the Motion.
SO VOTED UNANIMOUSLY.
8:30 P.M. Notice of Intent filed by Laura Day Zschock, 34 Tomahawk Trail,
Map 25, Parcel 017.
Mr. Hoerle announced this hearing. The Applicant proposes pruning at this site. Deputy Usowski presented a letter from the National Park Service, an abutter, who asks that less trees be removed. Shawn Shea of Misty Hill Landscape Design, Ltd., representing the Applicant, said that stabilization is there. He said that the plants would be cut, holes would be drilled and replanted in stages.
Deputy Usowski said she understands the Seashore’s concern, but also likes the fact that the Applicant is proposing native shrubs. She asked if the Applicant would continue to cut the new shrubs as they grow. Mr. Shea said the Applicant would want to maintain the view, but this would not injure the plants. He said he is not sure, but the Applicant may come back to ask about maintaining the Cedars farther down the hill.
Mr. Lind said that he may be responsible for the Seashore’s idea to replanting Cedars. He said that in the past he recommended that flush-cut Cedars be removed and small Cedars be planted in their place in a ten-year cycle to maintain the view. Mr. Shea said that he does not feel that it would end up being more than a two or three-year cycle and that may be too much disturbance for that area.
Mr. Kelleher and Mr. Collins agreed that they see no point of removing the first row of Cedars and that it wouldn’t change the view much at all. Mr. Shea explained the specific view corridor on the plan, but Mr. Collins said that cutting for one foot doesn’t seem worthwhile.
Mr. Hoerle said that this is looking like successive years of projects coming in front of the Commission. He said he feels that this is a cascade that really needs to be thought through. Mr. Shea said he feels that he is only asking to re-direct some growth and would not hurt the Vinca which serves as a groundcover.
Mr. Collins said he feels the Commission should be careful with this proposal as there have been no projects in the past that go well into this area. He said the Commission needs to take it step by step and it must be clearly planned out. Mr. Shea said that a review of phase one will happen before phase two begins.
Mr. Hoerle said he feels this is embarking on a sequence that doesn’t seem to have an end. He said he feels it is a perpetual manicuring of an environment that is established and happy, so that the pruning has to be the least invasive as possible.
Ms. Dower said she feels that this proposal is a lot of trouble for a little gain and that the plan is rather unclear as is. Mr. Collins said he feels the Commission should allow phase one and then have an on-site review before allowing phase two. Mr. Shea said he had no problem with this approach.
Mr. Hoerle closed the hearing and Mr. Collins MOVED approval with Order of Conditions 1-18, 19, 21, 26, 29, 37, 38 do not move on to phase two until phase one is completed and approved after a site inspection. Mr. Kelleher SECONDED the Motion.
SO VOTED UNANIMOUSLY.
9:00 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. Seth Wilkinson of Wilkinson Ecological Design, John O’Reilly and Keith Fernandes of John O’Reilly & Associates, Inc., Attorney Duane Landreth, and John and Ellen Oslund were present.
Mr. O’Reilly said he had addressed the two major concerns which the Commission made clear previously; pushing the house back, and re-vegetating the entire Buffer Zone. He said the house has been moved back 12' farther, and the roof runoff will now be handled with dry wells.
Mr. Wilkinson presented his landscape plan to fully re-vegetate the 50' Buffer Zone, and to address the stormwater runoff issues currently affecting Herring Pond. He said he feels that the current lot has a point source pollution problem and proposes redirecting the water to a water retention area which will be heavily planted. He said that native species will also be incorporated throughout the area where invasive species will be removed. He said there will be a reduced lawn area, and the Purple Loosestrife will also be removed from the pond’s edge. He said that he feels the area will be much improved as wildlife habitat and allow some access to the water without disturbing the area.
Deputy Usowski asked about the water movement and Mr. Wilkinson explained that there will have to be re-grading. Mr. Collins asked if the Limit of Work could be tightened and Mr. O’Reilly said there are two limits of work; one for the planting and one for the construction of the home. He said the home will be built first and then the Limit of Work will be pulled out for the plantings only. Mr. Collins also said that there are some big Cedars near the proposed garage and asked if some could be saved. Mr. Wilkinson said that during construction they will work as hard as they can to protect these trees and that the Applicants feel the same way. Mr. Collins said that the Commission looks favorably on alternative energy use as further mitigation for such a large project.
Mr. Kelleher said he loves the fact that the house has been pulled back and has no problem with the project. Officer Lind asked about plant species in the biofilter being alright with dry periods and Mr. Wilkinson said that they are pushing it here and there, but the plants will be planted in a specific way to maximize growth success. He said the owners have committed to maintaining its fully vegetated status. Mr. Lind also asked for clarification that the driveway will be pervious and was told it would.
Mr. Hoerle closed this hearing and Mr. Kelleher MOVED for approval with Order of Conditions 1-18, 19, 20, 21, 22, 23, 24, 26 except as detailed in the included Landscape Plan dated 1/14/08, revised 2/13/08, to remove honeysuckle and bittersweet) 28, 29, 33,35, 37, 38 requiring 80% survival rate for plantings after three years, with annual inspections each year. Mr. Collins SECONDED the Motion.
SO VOTED UNANIMOUSLY.
The Commission reviewed and voted to approve payment of the electrician’s bill in the amount of Five Thousand Seven Hundred Fifty-One Dollars and Sixty-Two Cents ($5,751.62) for the new Natural Resource office building.
Mr. Hoerle MOVED to adjourn at approximately 9:40 P.M. Mr. Collins 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
| 
