EASTHAM CONSERVATION COMMISSION
08 April 2008
MINUTES
PRESENT: Glenn Collins, David Hoerle, Dennis Murley, Terry Kelleher, Steve Smith.
STAFF PRESENT: Deputy Natural Resource Officer Amy Usowski, Natural Resource Director/Harbormaster Henry Lind.
ALSO PRESENT: John Lavelle of Coastal Engineering Company, Inc., Bill Allen, David Lyttle of Ryder & Wilcox, Inc., Carl W. Harris, Jr., Lydia Harris, Susan Harris.
7:00 P.M. Chairman Murley opened the meeting.
Approval of Minutes.
The Minutes of 25 March 2008 were approved with one correction on a motion by Mr. Collins and a second by Mr. Hoerle.
SO VOTED UNANIMOUSLY.
7:15 P.M. Turtle Project Presentation - Bill Allen.
Mr. Allen explained his request to establish “turtle gardens” for growing Diamondback Terrapin, establishing nesting habitat. Terrapin were placed on the threatened species list in 2002 when they were close to extinction by road kills and depredation of eggs by skunks and other animals. The nesting habitat has been deteriorated both naturally and by development pressures.
There are turtle crossing signs on Widgeon Road, in the area of the Mixter property, and on Samoset Road. Mr. Allen said that four major nesting sites have been identified. One of these is near Widgeon Road and Bluebill Lane. He said they will be nesting in July in an enclosure of chicken wire. They will be checked twice a day during emergence, measured, and put back in the marsh system.
Mr. Allen said that One to Three Percent will survive to adulthood and return in eight years to nest again. He said that Two Thousand hatchlings have been released to date and handed out a graph about the success.
Shrubs and organic duff would be removed in a 10' x 30' area, leaving sand. The area would be maintained to prevent future revegetation.
It was decided that a Request for Determination of Applicability will be filed for this project.
7:30 P.M. Request for Determination of Applicability filed by Elizabeth Resko, 764 State Highway, Map 21, Parcel 063H.
John Lavelle of Coastal Engineering Company, Inc. was representing the applicant. He told the Commission that an Administrative Review for this project had been denied a year ago.
The plans show a drywell for iron filter backwash in response to a Notice of Noncompliance in the neighborhood. The presumption was that it went to the septic system, but this one went on grade. The drywell will be 2'x2' and the installation will take one day. Soil will be stored on the landward side of the siltation barrier; and, the area will be re-seeded.
Deputy Usowski said the site is 10' back from the Top of the Bank and that a silt fence is OK as the grade is slight. All equipment staging will be from the landward side.
Mr. Hoerle asked if Phragmites would have been supported by the former runoff from the unit. Mr. Lavelle said he thinks it was not significant nor will it change.
There were no further comments and Chairman Murley closed this hearing. Mr. Collins MOVED and Mr. Kelleher SECONDED the Motion for a Negative Determination for Reason #3.
SO VOTED UNANIMOUSLY.
7:45 P.M. Notice of Intent filed by George Civita, 760 Campground Road,
Map 7A, Parcel 001.
Chairman Murley announced this hearing. Mr. Civita was unable to attend the meeting. Deputy Usowski described the events and the report of excavation and installation of patio blocks on the edge of the bank without a valid Order of Conditions. The owner complied, paid the fine and filed a Notice of Intent for replacement of sand and re-planting of grass without the patio blocks. She showed photos of the site.
Mr. Hoerle said he feels this is too close for grass to be planted. Mr. Murley said he thinks it can be re-graded and then Mr. Civita can come back to discuss a planting scheme. He said that perhaps there could be a condition that after the re-grading the planting will be
done in consultation with the Natural Resource office.
Chairman Murley closed this hearing and Mr. Hoerle MOVED approval with Order of Conditions 1-19, 29 stabilizing after contractor’s mix is initially planted to review planting, 38 site visit in the Fall, after the growing season.
SO VOTED UNANIMOUSLY.
7:55 P.M. Continuation of Hearing on Notice of Intent filed by Lydia H. &
Carl W. Harris, 531 Dyer Prince Road, Map 19, Parcel 118.
Chairman Murley announced this hearing. David Lyttle of Ryder & Wilcox, Inc. was present for the applicants and the applicants themselves were present also.
Mr. Lyttle distributed revised plans and a letter written by Mr. Harris, describing what has happened with the property over the years was read into the record.
The change in plans is for a six-boat array with wider spacing of the pilings for the pier and possible relocation of the path to the boats.
The Harris family has owned the property for many years and don’t want their pier and floats to be a hazard to navigation or detrimental to the shellfish populations. Years ago, the channel could be jumped at low tide; whereas, now it is deeper due to dredging.
Deputy Usowski said the Commission had asked for a Shellfish Survey, Construction Protocol, that materials be removed daily, and that the trail be relocated.
Harbormaster Lind explained that dredging is not the only reason for the depth of the water; and that dredging has not occurred there since 1991.
Mr. Lyttle asked for guidance on whether or not to do a Shellfish Survey.
Mr. Hoerle wanted to know what the Rock Harbor authority is.
Mr. Lyttle said the permits for the Town facility are in the name of the Town of Eastham. He said that this is the first permit in the series that is necessary for Chapter 91 and the Corps of Engineers.
Mr. Smith asked about the necessity of six boats and wanted to know if there are six residents who want to moor boats. He pointed out that there is a launch ramp at Rock Harbor for access and there may not be a need for that many boats.
Mr. Harris said there would be plenty of boats. Mr. Smith said that you cannot lease or sublet slips unless you are a licensed marine facility and wanted to know why they could not use the launching ramp. He said that it is his experience that most pleasure boats are used two days out of ninety. He said that if it is a commercial boat it would be a different story; but, pleasure craft can be handled differently.
Mr. Harris inquired about the demand for boat slips and Officer Lind responded with the Waiting List information and the Rack Storage Survey from last year. Mr. Collins reiterated details about the Shellfish Survey, path, and details of construction protocol and asked about future parking issues.
Mr. Kelleher said he would like more detail about the walkway location, a Shellfish Study, and more information about details of storage of floats in the Winter.
Chairman Murley commented that the Commission usually tries to restrict the work limit area. He said a Construction Protocol would be needed showing whether the construction would be from a barge or overland; determination of an access point due to topography, and whether the walkway would be raised or in the ground and informal. He said that spacing at the edge of the resource would need to be reviewed as well as scouring on the bottom; floats resting on the bottom at low tide; and where the floats would be removed to in the Winter. He also said that the rule is for non-treated lumber to be used.
Mr. Hoerle asked about fuel protocol and how the gasoline would be transported to the boats.
Deputy Usowski requested a marker showing the extent of the dock and said the site is within the locus of the estimated map of rare habitat.
Mr. Lyttle requested a continuance until 10 June 2008. Mr. Kelleher MOVED to continue and Mr. Collins SECONDED the Motion.
SO VOTED UNANIMOUSLY.
8:40 P.M. Request for Change in Plans, Nauset View Realty Trust, Francis P. Zarette, Trustee, DEP SE 19-1287; and, Joan Kenealy-Nies,
DEP SE 19-1288, 15 Cliff Road, Map 19, Parcel 048; and 65 Cove Road, Map 19, Parcel 049.
Tim Brady of East Cape Engineering, Inc. and Joe Nies were present to request a change in plans for 3'x3'x6' long baskets rather than the 1'x2'x9" baskets which were approved because of concern relative to Condition #28 which requires removal of the system if it fails. He said that a structural engineer has said that bigger baskets with larger stone will be heavier and more stable.
Mr. Brady said the location and Limit of Work will be the same. He said the cages will have to be filled on site rather than filled and brought to the site. He said that more stone in total would be the end effect as they would extend farther into the toe of the bank. He said that the benefit is that they would be more secure in the long term. He said that the excavated material would be placed on top of the baskets and replanted. He said that the negative impact is that the work will be done on site rather than carried down as a unit. He
said there will be a two-week time frame rather than the four-week time frame for the originally proposed method of construction. He said that in either arrangement the stone size would be four to ten inches.
Mr. Lind asked if the installation at Mary Chase Road is the same and Mr. Brady said it is the smaller size and it does work; but, the difference is that this will be also holding the bank up and not just acting as a revetment. Thus, this is a “Safety Net” to allow more security for the homeowners.
Mr. Collins commented that wouldn’t there be more damage to the habitat because of more trips and Mr. Brady said yes, there would be more trips, but not more damage to the environment. Mr. Collins said he still wanted Condition #28 included and Mr. Brady said that would not be a problem for the applicants.
Mr. Kelleher said he had concern that the amount of fill being removed will be excessive and where will it be stockpiled? He said that overdig for a six-foot installation will be greater than six feet and Mr. Brady said it will not be much due to the clay nature of the bank. He said that the installation will be done from one end back to the landing.
Mr. Smith commented that the project had been whittled down from massive to reasonable and this proposal returns to the massive size, a thirty times bigger undertaking than the small mesh gabbions. He said this request would change it from light armoring to a heavy-duty wall. He said he understands the owners’ perspective but that’s not what the proposal was for.
Mr. Brady disputed the thirty times larger factor. He said the height and length will be four times larger but not thirty times larger.
Mr. Nies said the request came from the owners’ discussion with the basket manufacturer who said the smaller cages were not appropriate for the application and he only wants to do it once.
Mr. Smith said, playing the devil’s advocate, what happens if it doesn’t work? What if a portion of the bank decides to fall down?
Mr. Kelleher pointed out that there is no dimension of the length of the wall to calculate how many baskets difference there will be. Mr. Brady said the difference is the thickness of the wall, six feet on bottom instead of four, and three feet on top instead of one, 54 cubic feet versus 1.5 cubic feet per basket.
Mr. Hoerle said he doesn’t think the scope of the project has been adequately described. Mr. Brady detailed some of the specifics of excavation. He said they will dig a six-foot wide trench, set the baskets and fill, then put the top basket on and fill it and cover it with fill then retreat back to the next position.
Chairman Murley said he felt the proposal is ramping up in the wrong direction. He said the roots of the plants are going to be disturbed - destroying it to save it. He said the smaller baskets had smaller scale to be contained within the work area and with a bigger size there is a good chance it will have more potential to do more damage in a big rush. He said it can’t just be scooped up if it fails.
Mr. Brady said there is silt fence shown for the Limit of Work but hay bales would be better in the event of an uncontrolled slump or they could stop work if a collapse occurs.
Mr. Murley said that protecting the marsh is the most important aspect of the proposal and he doesn’t want to have a big pile of sand or clay or water runoff going into the marsh.
Mr. Kelleher said he had concerns about logistics of backfilling and loading with the machine and as described it is not feasible and the danger of putting the machine onto the marsh surface is high.
There was a suggestion of having a site supervisor on site at all times as the Natural Resource Department is not capable of monitoring the project.
Mr. Smith suggested a different dimension for the baskets.
Chairman Murley summarized the consensus that scope change is not a huge change and details will need a site supervisor and contractor present at the next meeting to address the Commission.
It was agreed to continue this hearing until 22 April 2008 for continued discussion.
9:35 P.M. Administrative Review, Norman Field, 260 Ireland Way, Map 17,
Parcel 023A.
Deputy Usowski explained this request to install a drinking water well 69' from the top of the ACEC and showed photos of the site. Mr. Brady was present to describe the proposal. He said the applicant’s water quality is poor and he wants to try another site. He said that trenching for the line would cause the most disturbance.
Chairman Murley commented that the property owner has respected the wetland resource.
Mr. Collins MOVED and Mr. Smith SECONDED the Motion to ratify this Administrative Review.
SO VOTED UNANIMOUSLY.
9:40 P.M. Administrative Review, Mary Nardini, 15 Charlie Noble Way, Map 19, Parcel 001.
This proposal is for the installation of a wooden stockade fence along the property line. The posts are in place and the applicant stopped when the Building Inspector referred the project to the Conservation Commission. There is a plan discrepancy with the location of the 100' Buffer Zone.
Deputy Usowski showed photos with a one-foot gap at the bottom of the panel. Discussion followed about maintaining the one-foot gap at the bottom.
Mr. Kelleher MOVED and Mr. Smith SECONDED the Motion to ratify this Administrative Review.
SO VOTED UNANIMOUSLY.
9:45 P.M. Request for Change in Plans, Kelly, DEP SE 19-1277, 24 Salt Marsh Way, Map 17, Parcel 687.
A plan showing the detail of the installation of an outdoor shower was distributed. This was approved without discussion and signed by Tim Brady, the engineer and Chairman Murley.
Discussion followed on properties on Charlie Noble Way to investigate creeping trimming of limbs on marsh properties.
There was no further business to attend to. Mr. Kelleher MOVED to adjourn at approximately 9:55 P.M. Mr. Hoerle SECONDED the Motion.
SO VOTED UNANIMOUSLY.
Minutes taken by Henry Lind,
Transcribed and respectfully submitted,
Kay Stewart-Greeley,
Clerk
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