Eastham Conservation Commission
27 May 2008
MINUTES
PRESENT: Commissioners David Hoerle, Dennis Murley, Leah Dower, Terry Kelleher, Judith Williams, Steve Smith.
STAFF PRESENT: Deputy Officer of Natural Resources Amy Usowski.
ALSO PRESENT: Town Planner Sarah Raposa, Mike Aschettino, Pat Westhauer, Bob Perry of Cape Cod Engineering, Inc., Rich and Joyce Adams, John M. O’Reilly of J.M. O’Reilly & Associates, Inc., Attorney Sarah A. Turano-Flores, Tim Brady of East Cape Engineering, Inc., Lorraine Giovinazzu.
7:00 P.M. Chairman Murley opened the meeting.
APPROVAL OF MINUTES:
The Minutes of 13 May, 2008 were approved on a Motion by Mr. Kelleher and a Second by Mr. Smith.
SO VOTED UNANIMOUSLY.
7:10 P.M. Discussion of various odds and ends including sending a card to Commissioner Collin’s ailing father and responding to Mr. Civita’s inquiry about planting a more native yard that he can still walk on. The Commission suggests a “Cape Cod lawn”.
7:15 P.M. Request for Determination of Applicability filed by Silvano and Rocky Melchiorri, 1140 Kingsbury Beach Road, Map 10, Parcel 332.
Chairman Murley announced this hearing. The applicants propose installation of a well within 100' of a Coastal Beach and within Coastal Flood Zone V4.
Mr. Bob Perry of Cape Cod Engineering, Inc. was present with the applicants. Mr. Perry said that the only location where a well could be located is depicted on the plan submitted.
Mr. Perry said there is direct access to the work site from the beach. He said they would obtain fiberglass mats for the machinery to drive on. He said there would only be work for one day and there would be no trace of the work after they were finished. Mr. Perry said he spoke with Mr. Lind a few months ago, and Mr. Lind suggested they file a Request for Determination of Applicability.
Deputy Usowski said that it is important to access the area from the beach, which the applicants are planning to do. She asked when they were planning to begin work as beach access work occurs between October 15th and April 15th. Mr. Perry said that the applicants were hoping to get the work done this Spring; but, Chairman Murley told them that the beach staging window is closed, and it would be a Selectmen’s decision to make an exception.
Mr. Hoerle said he was ready to make a motion as long as there was some contingency in case of a hydraulic motor oil spill. Mr. Perry said that the whole idea is to preserve the water quality so they will go above and beyond to make sure that no spills occur, but they could easily provide a plan.
Ms. Williams asked about the possibility of hand digging and Mr. Perry said that this may be a possibility, especially if they can get approval to do the work the Spring by staging in the parking lot.
Mr. Hoerle MOVED and Mr. Kelleher SECONDED the Motion for a Negative Determination for Reason #3.
SO VOTED UNANIMOUSLY.
7:30 P.M. Notice of Intent filed by Richard P. & Joyce Adams, 325 Herringbrook Road, Map 17, Parcel 482.
Chairman Murley announced this hearing. The applicants propose construction of a 20'x20' garage within the 100' Buffer to a Bordering Vegetated Wetland. John O’Reilly of J.M. O’Reilly & Associates, Inc. was present along with the applicants.
Mr. O’Reilly said that this is not a Bordering Vegetated Wetland, it is a Coastal Resource Area. He said that there is a garage under the dwelling; but, the applicants would like to construct the garage to gain some storage space. Mr. O’Reilly said that the garage is outside the 50' Buffer, and the disturbance will only be two feet off the corner of the building. He said that the applicants are proposing expansion of the stone driveway to allow access. Mr. O’Reilly said that they will use double-staked hay bales and the disturbed areas will be replanted with native shrubs from the approved list. There is a protocol on the plan as to how they will handle the Southwest corner of the garage.
Deputy Usowski said that perhaps hay bales would be overkill and a silt fence would be kinder to the vegetation that is existing. She said she thinks this project is well thought
out and covers everything from roof runoff to grading. As mitigation for the encroachment into the Vegetated Buffer, Deputy Usowski suggested a “No Mow” zone for the whole 50' Buffer area.
Mr. Murley said that the Conservation Commission likes to have a square foot by square foot mitigation area, and asked the applicants if they could think of anything that they could do to encourage the Commission to approve the project.
The applicants took a short recess to discuss this.
Mr. O’Reilly said the applicants would agree to not mow anything within the 50' Buffer Zone as mitigation, as well as re-vegetating a bit more of the disturbed area with woody shrubs.
Ms. Williams said she would like to see a bit more detail as to the landscape plan. She also asked if the garage could be reduced in size. Mr. Adams said that he has reduced it as much as he possible can. Ms. Williams said she likes the planning that has been done; but, would like to see something smaller.
Ms. Dower asked if the garage could be shifted to decrease the addition to the driveway, because there is a lot of proposed driveway. Mr. O’Reilly said that might be possible; but, they would like the plan approved as is.
Mr. Smith said that while 20'x20' sounds modest, if this is storage space isn’t there a way to reduce the size, not worrying so much about architectural degradation.
Mr. Hoerle said that he, also, would like to see the driveway size reduced.
Mr. Adams said it is possible to pull the driveway five feet in to reduce the size of the driveway a bit.
Mr. Murley said that a delineation marking the “No Mow” area would be welcome.
Mr. O’Reilly asked for a continuance until the next available meeting.
It was MOVED and SECONDED to continue this hearing until the next available meeting.
SO VOTED UNANIMOUSLY.
7:55 P.M. Notice of Intent filed by Michael Aschettino, 5 Nycoma Way, Map 10, Parcel 324.
Mr. Aschettino was present to represent this proposal for his mother-in-law to replace the deck. He said that the property was renovated from a cottage to a two-story home in 1995. He said that his mother-in-law broke her hip on the steps of the original deck so he put in new rails. He said the deck is now rotted and for safety and enjoyment they would like to replace it.
Deputy Usowski said that the plan shows where the deck will be, but no limit of work is shown. She said that she doesn’t feel the area will be impacted, but perhaps there should be some delineation marker to serve as a limit of work. She said the sono tubes must be dug by hand and the materials should not be stored in the yard, and should only be stored in the garage or driveway.
There were no further questions and Chairman Murley closed this hearing. Mr. Hoerle MOVED and Ms. Williams SECONDED the Motion to approve with Order of Conditions 1-18, 19, 21, 22 some kind of staked demarcation three feet from the deck, 29, 33, 35.
SO VOTED UNANIMOUSLY.
8:00 P.M. Request for Amended Order of Conditions filed by John & Carol Keaveney, DEP SE 19-1224, 245 Sparrow Road, Map 04, Parcel 087.
Chairman Murley announced this hearing. The proposal is for the installation of stone steps into an existing rock revetment at this property.
Tim Brady of East Cape Engineering, Inc. was present for the applicants.
Deputy Usowski said she feels that not having to maintain a wooden staircase may be a better idea. She said the top and middle portions will remain. Deputy Usowski also said that the beach staging time frame has expired so they will have to wait until the Fall to do the work.
Ms. Williams inquired about small rock chunks on the beach and Mr. Brady said he is not sure there are any there.
There were no further questions and Chairman Murley closed this hearing.
Mr. Hoerle MOVED and Mr. Smith SECONDED the Motion to issue an Amended Order for DEP SE 19-1224 for installation of stone steps into an existing rock revetment as per plan entitled “Site Plan Showing Proposed Built-In Stone Steps, 245 Sparrow Road, Eastham, MA, Prepared for John & Carol Keaveney”, dated May 2, 2008, stamped and signed on 27 May 2008 by Dennis Murley & Tim Brady.
SO VOTED UNANIMOUSLY.
8:20 P.M. Keto, DEP SE 19-1306, 210 Great Pond Road, Map 14, Par. 098. Discussion with Tim Brady of East Cape Engineering, Inc.
Deputy Usowski said that the builder was not aware of the Limit of Work and decided to extend the work. The owner did not make the contractor aware of the Order of Conditions and there was also stockpiling of materials in the yard and a trench for a gas line was dug without approval.
There has been a “Stop Work” Order was issued for all work other than work on the dormer which was previously approved. The applicants will come before the Commission with a Request for an Amended Order of Conditions.
8:25 P.M. Administrative Review filed by Brooks Hurd, 320 Samoset Road, Map 14, Parcel 134.
The Applicant proposes installation of a potable drinking water well and water line 77' from a Bordering Vegetated Wetland. Tim Brady of East Cape Engineering, Inc. was present for the applicant and told the Commission that the proposed well has been located as far from the resource as they possible could.
There was some discussion about the limit of work being moved in closer. Mr. Brady said he agreed that it should be tightened up. He said there will be stakes to delineate the limit of work; but, he does not feel that a silt fence would be necessary. He said that all debris will be removed from the site.
Mr. Hoerle MOVED and Mr. Smith SECONDED the Motion to ratify this Administrative Review.
SO VOTED UNANIMOUSLY.
8:35 P.M. Request for Extension Permit, John Hickey, DEP SE 19-1203, 105 Bayview Drive, Map 13, Parcel 278.
This request is for the extension of the Order of Conditions for sand nourishment of the toe of the bank.
Mr. Kelleher MOVED and Ms. Williams SECONDED the Motion to grant a 3-year Extension for DEP SE 19-1203.
SO VOTED UNANIMOUSLY.
8:38 P.M. Request for Extension Permit, David Aranowitz, DEP SE 19-1204,35 Cranberry Lane, Map 13, Parcel 062.
This request for extension is also for nourishment of the toe of the bank.
Ms. Dower MOVED and Ms. Williams SECONDED the Motion to grant a 3-year Extension for Order of Conditions DEP SE 19-1204.
SO VOTED UNANIMOUSLY.
8:40 P.M. Administrative Review filed by Natalie Alden, 345 Shurtleff Road, Map 07, Parcel 165.
The Applicant proposes re-shingling the north and south sides of her house by the porch. The work is 100' from the Top of the Coastal Bank. Mr. Smith suggests that the Applicant be asked to contain the torn off shingles so they don’t blow around the resource.
Mr. Smith MOVED to ratify this Administrative Review and Mr. Hoerle SECONDED the Motion.
SO VOTED UNANIMOUSLY.
8:47 P.M. Administrative Review filed by Helen Sampson, 40 Governor Prence Road, Map 18, Parcel 104.
The Applicant proposes to take down three dead trees. Work would be done with a chain saw and the stumps would be left in the ground.
Deputy Usowski says she is concerned about gas tanks that the Applicant has stored on a platform in the yard.
Mr. Kelleher MOVED and Mr. Smith SECONDED the Motion to ratify this Administrative Review.
SO VOTED UNANIMOUSLY.
There was no further business. Mr. Smith MOVED and Ms. Williams SECONDED the Motion to adjourn at approximately 9:00 P.M.
SO VOTED UNANIMOUSLY.
Minutes taken by Leah Dower
Transcribed and respectfully submitted by,
Kay Stewart-Greeley
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