Eastham Conservation Commission
22 April 2008
MINUTES
PRESENT: Commissioners Dennis Murley, David Hoerle, Glenn Collins, Leah Dower, Terry Kelleher
STAFF PRESENT: Deputy Officer of Natural Resources Amy Usowski, Natural Resources Director/Harbormaster Henry Lind
ALSO PRESENT: Elisabeth Sandler, Bob Mumford, George Nolan, Donna Cummin, Deborah Leone-Kilgrow, Jason Battles of Semper Fi From The Ground Up, Lee Battles, Katelyn Merril of East Cape Engineering, Inc.
7:00 P.M. Mr. Hoerle opened the meeting.
APPROVAL OF MINUTES:
The Minutes of 8 April, 2008 were approved with no changes on a Motion by Mr. Hoerle and a Second by Mr. Collins.
THE VOTE WAS 5 IN FAVOR WITH ONE ABSTENTION.
MOTION CARRIED.
7:10 P.M. Administrative Review filed by Elizabeth Sandler, 315 Goody Hallet Road, Map 20, Parcel 033.
Applicant proposes replanting with native species in order to get the survival rate needed to receive a Certificate of Compliance. Previous plantings on a slope and side of the house failed due to deer and rabbits. She is now using liquid fence to help ward
off the animals. All work will be done by hand. Deputy Usowski said that now is the best time to plant for survivability. Mr. Hoerle said the plants should be 10 inches
apart. Mr. Murley said to use 4-6 inch pots, 18 inches apart for the Bearberry.
Mr. Kelleher MOVED and Mr. Hoerle SECONDED the Motion to ratify the administrative review.
SO VOTED UNANIMOUSLY.
7:15 P.M. Request of Determination of Applicability filed by Bill Allen,
15 Bluebill Lane, Map 17, Parcel 20, and 160 Eider Lane, Map 16, Parcel 019.
Chairman Murley announced this hearing. Request was made for a continuance.
Mr. Kelleher MOVED, Ms. Dower SECONDED the Motion to continue.
SO VOTED UNANIMOUSLY.
7:25 P.M. Administrative Review filed by Don and Ellen Cacciapaglia, 70 Bayview Road, Map 19, Parcel 021.
The Applicant proposes installation of two 8' sections of split-rail fence on both sides of the driveway entrance. They wish to plant some Fairy Roses to screen the utilities.
Mr. Murley said there is a lot of history with this project. Mr. Hoerle brought up the fact that perhaps a native plant should be used instead. He said that perhaps Virginia Rose could be used. Deputy Usowski said she will ask them to use native plants, and then they can move forward; otherwise, they have to file a Notice of Intent.
Mr. Collins MOVED to ratify the Administrative Review using the native species, Mr. Kelleher SECONDED the Motion.
SO VOTED UNANIMOUSLY.
7:30 P.M. Notice of Intent filed by George Nolan, 31 Bayberry Lane, Map 13, Parcel 080.
Mr. Murley announced this hearing. The Applicant proposes replacing sand on a bank due to storm damage, installation of a bio mat, and installation of native beach grass
George Nolan was present to explain the project. Mr. Nolan said he wants to keep it in a natural state, not using a rock revetment. He said he would like to nourish the bank and use plantings to stabilize the area. This project will have to wait until next season for nourishment and planting.
Mr. Hoerle MOVED and Mr. Kelleher SECONDED the Motion to approve with the following Conditions: 1-18, 19, 21, 22, 27, 29, 30, 31, 34, 36.
SO VOTED UNANIMOUSLY.
7:40 P.M. Administrative Review filed by David Kilgrow, 440 Windjammer Lane, Map 19, Parcel 094.
Mr. Murley announced this hearing. The Applicant proposes a 300 sq. foot organic vegetable garden on the edge of the ACEC.
Debra Kilgrow was present to explain this project. She told the Commissioners that no pesticides or herbicides will be used. There will be metal stakes used to delineate the perimeter of the garden. Ms. Kilgrow said the difficulty is finding organic soil.
Mr. Hoerle MOVED and Mr. Collins SECONDED the Motion to ratify this Administrative Review.
SO VOTED UNANIMOUSLY.
7:45 P.M. Notice of Intent filed by the Town of Eastham. 1170 Herringbrook Road, Map 13, Parcel 080.
Mr. Murley announced this hearing. The Applicant proposes restoration of the Bordering Vegetated Wetland and Buffer Zone which was adversely impacted by construction equipment operating without a valid Order of Conditions at the
above-referenced property.
Henry Lind, Natural Resources Director, was present to speak to this filing. He explained that a Bobcat was used to transport gravel to the south side of the bridge, and in doing so profoundly disturbed 1,700 feet of wetland habitat. Mr. Lind said that stations were established by starting at the road and measuring every 100 feet (the distance between each station is 100 feet). He said there will be a three-part restoration. First, the tire tracks will be filled in and the stone dust removed. Also, topsoil will be brought in to cover the sand that was uncovered. Second, the trees and shrubs that were disturbed will be replaced. Third, part of this disturbance occurred on a social trail; however, much of this area is a sensitive wetland, and Mr. Lind said he feels that this social trail should
be abandoned and simply restored to its natural habitat. He feels that there are other trails, or other places to put a new trail if desired. Thus, while sections 12-17 will continue to be an established trail, stations 3-12 will be totally abandoned.
Ms. Dower asked about the wood piles, and Mr. Lind said that some of those is from the 2005 storm. Mr. Kelleher asked if the Commission should just let Mother Nature take its course to heal the area. Mr. Lind says that healing will happen, but the compaction of the wetland is the main problem.
Mr. Murley said that his deepest concern is that by bringing in another machine to “fix” anything will only damage the area further. Ten percent of the damaged area is a wetland, and bringing in a machine could be a problem.
Jason Battles of Semper Fi spoke from the floor. He said that he is the contractor, and that if this is going to be a walking trail it needs to be on higher ground because the area is so damp. He said that on the North side you can’t really tell there was a machine in there, because they fixed the area, but said he did not get a chance to fix this Southern area. He said that they will grade it out, but they were stopped while trying to complete the project. The brush piles that were already there he feels are a major problem as a walking trail. He said they could be a hazard to children. He said he agrees with Mr. Lind that maybe in making a new trail, it should perhaps be moved farther upland. He said he doesn’t feel the brush could be moved out by hand and also, that more brush has been
added to the piles, not by his company. He said he feels that the entire project was not thought through, because even though the bridge is wheelchair accessible, they won’t be able to go anywhere on either side of the bridge.
Mr. Battles went on to say that he feels he can come in and make it look a lot better, which is not in his contract, and his payment is currently being withheld. He said he is a disabled minority veteran, and was told that it would be fine to go through this way. He said that there was a lot of miscommunication through the whole project, and now he says he is the one trying to fix the situation.
Mr. Hoerle said that he has had 35 years of landscape contracting, and he relates to what Mr. Battles said, but he is concerned that so much damage was done with the machine. Mr. Hoerle said he wants to see it cleaned up as soon as possible and does not want to have to wait through two growing periods. Mr. Hoerle said he would like to help participate as a supervisor in the restoration of the area if a machine is used. Mr. Hoerle said he feels that a small machine could do the job quickly.
Mr. Murley said that the Conservation Commission is charged with protecting wetlands. and asked Mr. Battles if he had an Order of Conditions in hand from the Conservation Commission. Mr. Battles said that Joe Bianci instructed him to access the area through this route. He said that he was also told by Glenn Collins that he didn’t see any reason to prevent him from using this path. Mr. Battles said that it was the only access he was told to use.
Deputy Usowski said there was a Condition to use wheelbarrows from the North side, not a machine on the South side. She said that Mr. Battles was explicitly told this, and now we need to move forward to fix the situation.
Mr. Collins said that he did walk through the area with Mr. Battles, and that he did call Mr. Lind who said that a Complete Notice of Intent would have to be filed for any activity, and he told that to Mr. Battles. Mr. Collins said he would like to move forward and have Mr. Battles go in and fix this area as best he can.
Mr. Collins said that he was on the Commission years ago, when there was a clearcutting on Great Pond and at that time, Mr. Murley said the best thing to do was to leave the soil and area alone to heal. Mr. Collins said he doesn’t know why it is any different in this case.
Mr. Collins also said that he doesn’t see why the social trail needs to go away. He said he doesn’t think the Open Space Committee has seen any plans to that affect.
Mr. Murley says that this is a six-foot wide road made into a wetland, he does not want to bring in another machine to continue the road, and feels it is possible to remove the brush by hand. He also said that while none on the board wants to be punitive, they also can’t look for a quick fix. He said he has had several people who love this area approach him upset about the damage. He said he feels the Commission needs to move forward to fix the area the right way.
Mr. Lind says that the Narrative is very detailed. He said that in soils that are severely disturbed, they need a little help with organic material to re-establish vegetation. He said that in some areas where the soil has not been disturbed, they will let nature take its course. He says that this plan is what has to happen to restore the area to its original state. He said there is room for compromise; however, he does not feel a machine can be part of a compromise. He said that the Open Space Committee would be meeting the next day.
Bob Mumford, an abutter, spoke from the floor. He said that he is really saddened and somewhat angry that this area has been torn apart. He said “This was bushwacking with a bulldozer”, and he feels it was totally unnecessary. He says that mature White Cedars were cut which can’t be replaced. He asked where the Town was to oversee this? He said he feels that the proposal presented by Mr. Lind is the minimum of what should be done to fix this damage. He said he feels the bridge is great, but what has happened on the South side is a disgrace.
Mr. Battles said that the Conservation Commission would not be having this discussion had he been allowed to go in and fix the area. He said that the North side looked just as bad before he fixed it.
Mr. Murley said he questioned Mr. Battles judgement in that he went somewhere with machinery that was not a place where a machine should ever have gone to bring in a small amount of material.
Mr. Battles says that the wheelbarrow would not be able to hold the material. The material was too heavy.
Mr. Murley said that statement is ridiculous and he was not buying it.
Mr. Battles says that Mr. Bianci told him wheelbarrows would not work. Mr. Battles also said that he is sorry that this happened, and had he known, he would not have proceeded.
Mr. Murley said this was never meant to be an access point. He said it is also not the area meant for a trail in the future and the purpose of the hearing was to resolve this issue.
Mr. Battles says that when Mr. Lind told him it was a disaster and the ruts are dangerous, he offered to make it right either by hand or with machinery. Mr. Lind said no, but Mr. Battles said that he will make it right however he can.
Mr. Hoerle asks how the Commission could move this forward?
Deputy Usowski explained why the town had to stop the project.
Mr. Lind says that re-grading, removal of stone dust, and bringing in topsoil is the first step.
Mr. Battles said that he is willing to come in and help; but, he has not yet been paid. He said that Ms. Vanderhoef told him it was the Conservation Commission that had frozen his payment.
Mr. Murley told him that the Conservation Commission has no financial powers at all and were debating whether to fix this quick or fix it right.
Mr. Collins said that the bridge always had earthen ramps, as shown on the plan, but the material has changed. He said he also feels it is very positive that the contractor is here and willing to help us by hand.
Mr. Murley says this is a complicated project with phases. He said the first step is to fix the pathway, then see what is sprouting and replace the vegetation.
Mr. Lind said that without a time line the Conservation Commission is unable to write an Order of Conditions.
Mr. Murley said that he feels that Mr. Lind and Deputy Usowski have done a great job detailing and putting together a narrative. He said he thinks there is an extensive plant list, and he asked how Mr. Lind would move forward.
Mr. Lind said that he feels that getting things in this Spring will be a stretch, except for the wetland plants which should be fine. He said he feels the bigger trees and Blueberries may need to wait until Fall to be successful.
Mr. Collins said that perhaps the Commission should wait to see what grows on its own and asked what the harm would be in waiting until September. He said that perhaps it will take a couple of years to get this whole project accomplished.
Ms. Dower wondered about preventing foot traffic by planting sooner rather than later. Mr. Lind said that irrigation could be a problem, and it is probably better to wait.
Mr. Murley said that we have often been able to work things while we are working on specific details of a job and asked if work could begin with the rakes before the full Order of Conditions is finalized
Mr. Lind said no.
Mr. Collins suggested approving phase one to re-grade, and then waiting to approve the phase two plantings until a later date.
Mr. Hoerle MOVED that Mr. Lind’s proposal for phase one be initiated, and then in the Fall there shall be a reassessment of the vegetation phase. Mr. Collins SECONDED the Motion with the following Conditions:1-18, 19, 20, 21, 22 confine to disturbed areas detailed in the plan, 26, 29, 37, 38 restoration will be completed in three phases - Phase one re-grading the disturbed soils by hand to original grade and compaction and removal of stone dust by wheelbarrow. This work shall be inspected by the Conservation Commission after the re-grading is complete, before proceeding with any further work. All work will be done by hand. Phase two will take place after approval of Phase one in the Fall of 2008. The Commission will assess existing vegetation to determine what further plantings need to be
added. The plan will be used as a guide. Phase three will be completed over a one-year interval. In Spring of 2009, the Commission will determine the overwintering survival of native plants, and compliance with the intent of the action plan.
SO VOTED UNANIMOUSLY.
9:20 P.M. Continued Discussion on Frances Zarette and Joan Kenealy-Neis, DEP SE 19-1287 + SE 19-1288.
Tim Brady of East Cape Engineering, Inc. was present for this discussion. He is now acting under an Amended Order of Conditions which has been requested, and is on the schedule for the May 13th meeting. The requested change is that the baskets shall now be installed 4½ feet into the bank instead of 6 feet. This will save them from cutting into the bank quite as much as previously proposed. Mr. Brady also said that the excavator and skid-steer will be used at the same time. There is new note that in case of system failure, there will be a stop work, and the Conservation Commission will be notified so that they may determine how to proceed. There is also a note about not having piles of material piled at any time even within the limit of work.
Mr. Lind asked that a note be made stating that no machines will pass each other, and that they be tracked back and forth only.
Joe Neis said that he will be on site for the entire project.
Mr. Murley said it was a concern that this project was being put out to bidders with whom the Conservation Commission doesn’t have a track record, and having a home owner who is an advocate for Conservation Commission concerns goes a long way. He said that requiring an outside supervisor may add a unneeded expense.
9:35 P.M. Administrative Review filed by Jane Bodamer, 1685 State Hwy, Map 18, Parcel 308.
The Applicant proposes to install two wooden posts with a chain in between to eliminate trespassing over a mosquito ditch. The area is still functioning, so Mosquito control is not going to repair the land or the pipe. The homeowner is worried that someone will get hurt, so she is wants to put in the chain and native plantings.
Mr. Hoerle says it makes sense, it’s a hazard.
Mr. Collins MOVED to ratify this Administrative Review and Mr. Kelleher SECONDED the Motion.
SO VOTED UNANIMOUSLY.
9:45 P.M. Request for an Extension Permit, Target View Beach Association DEP SE 19-754, 75 Bayview Road, Map 13, Parcel 013.
This Extension was requested because the stairway looks to be in excellent condition, and the bank is stable.
Mr. Kelleher MOVED and Mr. Hoerle SECONDED the Motion for a three-year Extension for DEP SE 19-754.
SO VOTED UNANIMOUSLY.
9:50 P.M. Request for a Certificate of Compliance, Andrew and Vicki Skoler, DEP SE 19-1158, 475 Samoset Road, Map 14, Parcel 120.
The Order of Conditions was for the construction of an addition to an existing dwelling, vista pruning, and vegetation control. There is a patio and rock wall at this property that was not part of the original plan, as well as some mulch; otherwise, everything is to plan.
Ms. Dower said that this is within 50 feet of the wetland, and they should have to go through the correct process since we ask others to follow the rules.
Mr. Murley said that perhaps a letter needs to be sent asking them to file an Amended Order to show what they have done.
Ms. Dower MOVED to deny the Certificate of Compliance at this time. Mr. Collins SECONDED the Motion.
SO VOTED UNANIMOUSLY.
10:00 P.M. Request for a Certificate of Compliance filed by Herring Rise Association, Inc. Crosby Village Road, DEP SE 19-811, GHC-9, Blk.50.
This Order is for the repair and maintenance of the existing sand beach on Herring Pond.
Mr. Collins MOVED to grant the Certificate of Compliance. Mr. Kelleher SECONDED.
SO VOTED UNANIMOUSLY.
10:05 P.M. Update on Hale, DEP SE 19-1275, 75 Bayview Drive, Map 13,
Parcel 013.
Deputy Usowski says that they were able to save many of the native plants that they thought they would have to take out. She said a new plan is needed to see what is existing and an Amended Order is also needed.
10: 13 P.M. Update on Lee, DEP SE 19-1279, 7 West Shore Drive, Map 7A,
Parcel 005.
Deputy Usowski says that there have been numerous calls from abutters to this property complaining that the Conservation Commission should have required an Amended Order of Conditions and not a change in plans so that abutters would have been notified of a hearing. She said they argue that the retaining walls and walkway should have been handled differently and that there are stairways on the walkway that were never in any plans. She said she has asked Mr. Brady to address this and all work has been stopped.
10:18 P.M. Mr. Collins MOVED to adjourn the meeting, and Ms. Dower SECONDED.
SO VOTED UNANIMOUSLY.
Minutes taken by Leah Dower
Transcribed and respectfully submitted by,
Amy Usowski & Kay Stewart-Greeley
cc: Town Administrator
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