Eastham Conservation Commission
13 May 2008
MINUTES
PRESENT: Commissioners David Hoerle, Glenn Collins, Leah Dower, Terry Kelleher, Judith Williams, Steve Smith.
STAFF PRESENT: Deputy Officer of Natural Resources Amy Usowski.
ALSO PRESENT: Cathy Sanders, Laura Schofield of Schofield Brothers of Cape Cod, Ed Budarz, David Lajoie of FELCO, Inc., Tim Brady of East Cape Engineering, Inc., Joe Nies.
7:00 P.M. Mr. Hoerle opened the meeting.
APPROVAL OF MINUTES:
The Minutes of 22 April, 2008 were approved with changes on a Motion by Mr. Collins and a Second by Mr. Kelleher.
THE VOTE WAS 4 IN FAVOR WITH TWO ABSTENTIONS.
MOTION CARRIED.
7:10 P.M. There was some discussion by the Commission about the status of the restoration of the Wiley Park Bridge area.
7:15 P.M. Continuation of Hearing of Request for Determination of Applicability filed by Bill Allen, 15 Bluebill Lane, Map 17, Parcel 520, and 160 Eider Lane, Map 16, Parcel 019.
The Applicant requested an indefinite postponement of this hearing. Mr. Kelleher MOVED and Mr. Collins SECONDED the Motion to postpone this hearing indefinitely.
SO VOTED UNANIMOUSLY.
7:16 P.M. Administrative Review filed by Steve and Cathy Sanders, 75 South Eastham Street, Map 21, Parcel 012.
Ms. Sanders was present and explained that she feels there are some trees within the 100' Buffer Zone which are dead and leaning or being choked by invasives. She said there are also some dangerous trees near the front of her property which she would like to remove.
Mr. Hoerle asked Ms. Sanders if she would like to remove the stumps as well and she said that whoever she hires would bring in a stump grinder. Ms. Sanders said that she wants to leave the area as natural as possible.
Mr. Kelleher said that most of the trees in question are more than 80' from the Buffer Zone and he feels that this is only maintenance work which would help the area. Mr. Hoerle agreed.
Mr. Collins said that stump grinding makes more sense both environmentally and for the homeowners’ cost.
Ms. Sanders said she would like to have the option of stump grinding or total removal.
Ms. Williams reiterated that dead trees are habitat.
Mr. Kelleher MOVED to ratify this Administrative Review and Ms. Williams SECONDED the Motion.
SO VOTED UNANIMOUSLY.
7:30 P.M. Notice of Intent filed by Deborah Bright & Linda Dittmar, 3298 State Highway, Map 11, Parcel 049.
Mr. Hoerle announced this hearing. Laura Schofield of Schofield Brothers of Cape Cod was present for the applicants. She told the Commission that the entire cottage falls within the 50' Buffer Zone, and it is an Endangered Species Habitat. She said the proposed deck would be 6' long and there are no trees or vegetation to be removed. She said a silt fence would be installed to delineate the Limit of Work, the work will be done by hand, and the materials will be wheelbarrowed out of the area and stored in the driveway.
Deputy Usowski said she feels a silt fence will work fine and said the Natural Heritage has notified the Department that they have no problem with this project.
Mr. Smith suggested the use of flagging instead of a silt fence to reduce the disturbance of the soil for such a small project.
There were no further comments or questions and Mr. Hoerle closed this hearing. Mr. Collins MOVED and Mr. Smith SECONDED the Motion to approve this project with Order of Conditions: 1-18. 19. 20, 21, 22 with flagging, 33, 35, 38 hand dig sono tubes and wheelbarrow debris of site.
SO VOTED UNANIMOUSLY.
7:45 P.M. Request for Amended Orders of Conditions filed by Nauset View Realty Trust, Francis P. Zarette, Trustee, DEP SE 19-1287, and Joan Kenealy-Neis, DEP SE 19-1288, 15 Cliff Road, Map 18, Parcel 048; and 65 Cove Road, Map 19, Parcel 049.
The applicants request Amended Orders for use of 3'x3'x6' stone-filled wire baskets rather than the previously-approved 1'x2'x9" baskets for shoreline protection. The very bottom baskets will be 3'x4.5'x6'.
Mr. Brady of East Cape Engineering, Inc. was present along with Mr. Neis. Mr. Brady said that this size basket will not stick into the bank as far as the 3'x6'x6' size which had previously been discussed. He said that everything else will remain the same as presently conditioned. He said that the baskets will be filled on site.
Deputy Usowski said she was glad that the note about the single-track for machinery was added to the plan, as well as a note to contact the Natural Resource office in case of a system failure and to stop work.
Mr. Collins asked about the timber breakwater. He asked if it would remain in place and if a part was removed would scour be an eventual issue. Mr. Brady said that a small section will be removed so equipment can access the area and that it is not a particular concern for various reasons.
There were no further questions and Mr. Hoerle closed this hearing.
Mr. Collins MOVED and Mr. Kelleher SECONDED the Motion to issue an Amended Order of Conditions for DEP SE 19-1287 and SE 19-1288 with the plan entitled “Site Plan, 15 Cliff Road & 65 Cove Road, Eastham, MA, Francis P. Zarette, Trustee and Joan Kenealy-Nies” with the last revision date of April 25, 2008.
SO VOTED UNANIMOUSLY.
8:00 P.M. Request for Determination of Applicability filed by Edward & Rita Gail Budarz, 420 Ireland Way, Map 17, Parcel 032.
Mr. Hoerle announced this hearing. David Lajoie of FELCO, Inc. was present along with Mr. Budarz. Mr. Lajoie told the Commission that this is an unorthodox proposal. He said that Mr. Budarz met with Mr. Lind to form the plan which they were presenting to the Commission. He said that the existing driveway, electrical easement and flood zone had to be taken into consideration despite the fact that they are building within a wetland.
Deputy Usowski said she does not believe that this proposal qualifies for a Request for Determination of Applicability because it is priority habitat, a Flood Zone, A.C.E.C., and a wetland. Mr. Budarz commented that because of the view, the proposal is for this plan or nothing.
Ms. Williams explained that the Salt Meadow Covenant says that Mr. Budarz cannot put a boat in his yard, it must be stored in a building. Mr. Budarz said that five trees would have to be taken down; but, he claims that Mr. Lind said that the trees had outlived their life expectancy anyway.
Ms. Williams asked if the applicants would consider attaching the boat garage to the house. Mr. Collins said that the Commission needs to be careful about building in a wetland and in an A.C.E.C. He said that the Commission needs to be careful about setting a precedent and that this garage absolutely needs to be pulled back for him to support the proposal.
Mr. Smith said that this wetland really only exists because it was created for commercial use. Mr. Collins said this was true, but the law doesn’t care if the wetland is man made. Mr. Collins said there is room on the lot but the applicants would have to compromise and move the proposed garage location.
Mr. Lajoie said that they would like to withdraw their Request for Determination of Applicability and they will come back with a Notice of Intent.
Mr. Collins MOVED and Mr. Kelleher SECONDED the Motion to accept the request to withdraw the Request for Determination of Applicability.
SO VOTED UNANIMOUSLY.
8:25 P.M. Request for Certificate of Compliance, Donald Colburn Trust, DEP SE 19-1266, 290 Salt Works Road, Map 04, Parcel 005.
This Order of Conditions was for the installation of a 1,500 gallon, H-20 Septic Tank and a 1,000 gallon “Septitech” treatment tank.
Deputy Usowski said that the installation looks fine, but the native plantings were either never done or they did not survive.
Mr. Collins MOVED to deny the Certificate of Compliance at this time due to the lack of plantings. Ms. Williams SECONDED the Motion.
SO VOTED UNANIMOUSLY.
8:30 P.M. Request for Extension Permit, Massasoit Hills Homeowners Association, DEP SE 19-823, Salt Works Road, Map 04.
The Applicants requested a three-year Extension Permit to continue nourishing the beaches.
Mr. Collins suggested that the Applicants may want to file for an Amended Order for maintenance so they would not have to keep getting Extensions and MOVED to grant a three-year Extension at this time. Mr. Smith SECONDED the Motion.
SO VOTED UNANIMOUSLY.
8:35 P.M. Request for Extension Permit, Margaret Weiler, DEP SE 19-1185, 723 Samoset Road, Map 14, Parcel 082B.
The applicant would like a three-year Extension Permit for the Order of Conditions issued July 21, 2005, for tree pruning and removal.
Deputy Usowski suggested that the brush pile at this site be removed as it is a fire hazard, but otherwise there is no problem
Ms. Williams MOVED to issue a three-year Extension for Order of Conditions
SE 19-1185. Mr. Kelleher SECONDED the Motion.
SO VOTED UNANIMOUSLY.
8:40 P.M. Administrative Review filed by Lawrence Kidd, 65 Carlton Way,
Map 07, Parcel 442A.
The applicant proposes to enclose an existing deck with a screen, roof, and reinforced foundation.
Deputy Usowski says that this project may be too extensive to be covered by an Administrative Review, especially since the applicant proposes reinforcing the foundation.
Mr. Kelleher MOVED and Ms. Dower SECONDED the Motion to deny ratification of this Administrative Review and that the Applicant needs to file a Request for Determination of Applicabiity.
SO VOTED UNANIMOUSLY.
Mr. Collins recused himself from the next hearing and left the room at this time.
8:45 P.M. Administrative Review filed by Tom Collins, 150 State Highway,
Map 20, Parcel 114.
The Applicant proposes work in an existing driveway to improve the percolation rate within 100' of Nauset Marsh.
Mr. Smith said he feels that this is maintenance. Mr. Kelleher and Mr. Hoerle said they feel that this work will help with runoff problems.
Mr. Kelleher MOVED and Mr. Smith SECONDED the Motion to ratify this Administrative Review.
SO VOTED UNANIMOUSLY.
Mr. Collins returned to the meeting room.
8:50 P.M. Administrative Review filed by R.W. Vanderwiel, 55 Smith Heights Way Map 18, Parcel 057.
The Applicant proposes removal of fallen, dead trees on the edge of the wetland as they are crushing adjacent trees.
Deputy Usowski said this work is not for looks or view, but simply for maintenance.
Ms. Williams MOVED and Ms. Dower SECONDED the Motion to ratify this Administrative Review.
SO VOTED UNANIMOUSLY.
Mr. Collins returned to the meeting.
There being no further business, Mr. Smith MOVED and Mr. Collins SECONDED the Motion to adjourn.
SO VOTED UNANIMOUSLY.
Minutes taken by Leah Dower
Transcribed and respectfully submitted by,
Kay Stewart-Greeley
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