Eastham Conservation Commission
24 June 2008
MINUTES
PRESENT: Commissioners David Hoerle, Dennis Murley, Terry Kelleher, Judith
Williams, Steve Smith, Lorraine Giovinazzo
STAFF PRESENT: Deputy Officer of Natural Resources Amy Usowski. Henry Lind, Natural Resources Director, Harbormaster.
ALSO PRESENT: Joan Pemberton, Albert Pemberton, Noreen Pemberton, Sharon Shipley, Richie Adams, Robin Foley, Peter Foley, Florence Lee, John O’Reilly of J.M. O’Reilly Associates, Imc., Eric Keto, Jenny Keto, Jerry Gibson, Mary Jane Gibson, Robert E. McGaw, Katelyn Merrill of East Cape Engineering, Inc., Susan Harris, Julia Harris, David Lyttle of Ryder & Wilcox, Inc.
7:10 P.M. Chairman Murley opened the meeting.
APPROVAL OF MINUTES:
The Minutes of 10 June, 2008 were approved, with a minor change, on a Motion by Mr. Kelleher and a Second by Mr. Smith.
THE VOTE WAS 4 IN FAVOR AND ONE ABSTENTION.
MOTION CARRIED.
7:15 P.M. Continuation of Hearing on Notice of Intent filed by Richard P.
& Joyce E. Adams, 325 Herringbrook Road, Map 17, Parcel 482.
This hearing is for the proposed construction of a 20'x20' garage within the 100' Buffer to a Bordering Vegetated Wetland at the above-referenced property.
Mr. John O’Reilly of J.M. O’Reilly & Associates was present for the Applicants and discussed some of the changes that had been requested by the Commissioners during the initial hearing on 27 May 2008. Deputy Usowski said that the driveway will be downsized and there will be more planting and a split-rail fence installed to delineate the “No-Mow” zone. She said that although they have not reduced the size
of the building, some concessions were made, such as saving some of the trees that would have been removed under the original proposal.
Mr. Kelleher said that since a large part of the proposed garage is in what is already part of the driveway, he is happy with the compromises and Mr. Smith agreed.
Chairman Murley said that the Commission received what they had asked for; but, one of his concerns is that there is a dropoff on the South side which he wouldn’t like to see filled. He said that also, he doesn’t want to see any additional requests in the future for tree removal.
There were no further questions and Chairman Murley closed this hearing. Mr. Kelleher MOVED for approval with Order of Conditions 1-18, 19, 20, 21, 22, 23, 24, 26 with the addition of “no mulch”, 29, 30, 33, 35, 37. Mr. Smith SECONDED the Motion.
SO VOTED UNANIMOUSLY.
730 P.M. Request for Amended Order of Conditions filed by Jian Gao &
Eric R. Keto, DEP SE 19-1304, 210 Great Pond Road, Map 14, Parcel 098.
Chairman Murley announced this hearing. Ms. Gao & Mr. Keto were present to explain the amendments to the original Order of Conditions issued for their project. They told the Commission that changes had been made when the contractor found rotted wood which needed to be replaced. They explained that they would also like to move the walkway to the door center, and install a split-rail fence in the front of the property. There is also a trench which was dug for the installation of a propane tank. A “Stop Work” Order was placed on the property.
Deputy Usowski reiterated for the Commission that the original project was for the creation of a dormer which was the only work approved by the Commission. She said that the Limit of Work needs to be changed to include the trench.
Katelyn Merrill of East Cape Engineering, Inc. joined the meeting at this time in order to clarify the plans. Mr. Kelleher noted that there are no hay bales or silt fence in place around the new work which is being done, and Ms. Merrill explained that the Applicants were told not to put anything else on the property until their request was brought before the Commission. Mr. Kelleher also noted that the septic and pump chamber are above grade and uncovered. Ms. Merrill told him
that the Applicants would come back to the Commission for approval if there was to be more work on this. She said that although there were some violations on this project, she feels that the Applicant’s recourse was to bring it before the Commission.
Mr. Murley said that the wetland behind the property has not been affected and that was the major concern. Mr. Smith said that the trench for the propane tank could just be filled in without further conditions.
This hearing was closed; and, acting under a Request for an Amended Order of Conditions, it was MOVED by Mr. Smith and SECONDED by Mr. Murley to fill in the trench, to move the walkway, and to install the fence under the same Order of Conditions with the addition that the plan of record shall become plan entitled “Site Plan Showing Proposed House Renovations, 210 Great Pond Road, Eastham, MA, Prepared for Eric & Jenny Keto”, dated March 6, 2008, Revised May 21, 2008, stamped and signed by Dennis Murley & Katelyn Siddell on June 24, 2008.
In answer to contractor questions, it was determined that only gravel will be used on the driveway and a machine may be used to move the walkway. Mr. Murley suggested that the front yard be treated as a dune and encouraged the owners to call the Natural Resources office with any questions.
SO VOTED UNANIMOUSLY.
8:15 P.M. Request for Amended Order of Conditions filed by Florence Lee, DEP Se 19-1279, 7 West Shore Drive, Map 7A, Parcel 005.
Chairman Murley announced this hearing. Tim Brady of East Cape Engineering, Inc. was representing the Applicant, Florence Lee, who was present also. Mr. Brady reviewed the history of this project. The main issue is walk-out basement, rather than the full basement which was originally approved. The revised Site Plan now shows the retaining walls, and the more extensive driveway and planting plans. Plantings are planned for the Fall.
Deputy Usowski had questions posed by the public. One question was about the re-grading of the Coastal Bank. Chairman Murley asked how far back from the Coastal Bank the building had been moved. Measurement shows 18-20 feet. The footprint is approximately the same as covered by the previously-existing buildings. Chairman Murley noted that before he opened the hearing to comment from the floor, he would like to stress that the hearings of the Conservation Commission look at the question of footprint. He said that pluses at this site include a state-of-the-art septic system and the relocation of the building farther back from the Coastal Bank.
Robert McGaw, an abutting neighbor, was recognized by the Chairman, gave the Commission a copy of his comments, and read his comments into the record in opposition to the approval of an Amended Order of Conditions for this project. (See attached.)
Mark Haley, also an abutter, questioned the plans which have been submitted to the Commission. He also questioned the presence of the Easterly retaining wall. Chairman Murley responded that many of the issues presented in prior hearings over the course of several years, had been out of the scope of jurisdiction of the Conservation Commission. He pointed out that some of these issues would eventually be settled in Land Court.
Mr. Brady addressed Mr. McGaw’s comments, saying that he maintains that this site is a Coastal Bank and not a Coastal Dune. He said he also maintains that other than a foundation wall, this is the building which was approved. Chairman Murley noted that questions had been raised in regard to Mr Brady’s plans. He also suggested that, perhaps, this could be worked out among the neighbors. He said that meeting and working out some of these problems could be a possible solution.
Mr. Brady requested a continuance until 22 July 2008. It was MOVED, SECONDED, and VOTED UNANIMOUSLY to continue this hearing until 22 July 2008.
9:45 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 and introduced the Applicants to the Commissioners. Chairman Murley offered that Ms. Williams not participate in the decision on this project as she was not present for the initial hearings. There were no objections to having her participate.
Mr. Lyttle noted some changes to the plans in response to previous concerns. He presented two “Draft” documents: 1. “Dock Construction and Use Protocol”; and, 2. “Draft Dock Management Plan”.
Natural Resource Director and Harbormaster, Henry Lind, commented on the changes to the original plan. He said that some of his concerns about the proposal relate more to his position as Harbormaster than concern from the Conservation aspect. He said that he sees a good faith effort on the management plan, but questions the ability to uphold the limitation listed therein. He said it does not meet the guidelines of Chapter (91) and the Army Corps of Engineers guidelines. He noted the reduction of the number of pilings, and the relocation of the path in the upland area with regard to threatened or endangered species.
Commissioner Smith said he sees the project as a navigation situation if this is to serve a neighborhood rather than just a family resource. Chairman Murley asked Mr. Lind to address the project strictly from a Conservation viewpoint. Mr. Lind said that he finds that the performance standards to be consistent with the Wetland Bylaws.
There was no further discussion and Chairman Murley closed this hearing. Mr. Smith MOVED to approve the project with a decrease in the Limit of Work and a clarification of the clearing of the pathway. Mr. Kelleher SECONDED the Motion.
Deputy Usowski presented Order of Conditions 1-18, 19, 20, 21, 22, 25, 27, 30, 33, 35, 37(restricting the width of the path). Chairman Murley added that the “Construction and Use Protocol”, including the limit of two boats to be berthed at one time, should be included as #38, and #39 should be added stating that shellfish within the location of the proposed pilings are to be transplanted under the direction of the Shellfish Constable.
SO VOTED UNANIMOUSLY.
10:30 P.M. Review of Non-Compliance Issue, Sharen C. & Robert J. Shipley, DEP SE 19-1293, 55 Schoolhouse Road, Map 12, Parcel 066.
The above Order of Conditions was issued for re-planting of native species that had been removed without Conservation Commission approval. Condition #23 calls for the installation of a permanent marker (i.e. split-rail fence, large rocks, living fence). Ms. Shipley installed a picket fence as a delineation, which was not in compliance because it extended all the way to the ground. She has offered to raise the fence on her property to 8" in order to allow wildlife to pass through.
It was MOVED and SECONDED to approve the alteration of the fence.
SO VOTED UNANIMOUSLY.
Request for Partial Certificates of Compliance, Nauset View Realty Trust, Francis P. Zarette, Trustee, DEP SE 19-1287 & Joan Kenealy-Nies, DEP
SE 19-1288.
These Orders of Conditions were issued for joint stone revetments along the Toe of the Coastal Bank at 15 Cliff Road and 65 Cove Road. The majority of the work is completed; the baskets have been installed and covered with a Conservation Mix. The required revegetation will be completed in the Fall. This request has to do with financing for the project. Deputy Usowski said she is pleased with the results.
Mr. Kelleher MOVED to issue a Partial Certificate of Compliance for the construction portion of this project and Mr. Smith SECONDED the Motion.
SO VOTED UNANIMOUSLY.
Request for Extension Permit, Brownsberger, DEP SE 19-756, 21 Bayberry Lane, Map 13, Parcels 151 & 152.
Ms. Williams MOVED to grant an Extension for DEP SE 19-756, and Mr. Kelleher SECONDED the Motion.
SO VOTED UNANIMOUSLY.
Request for Extension Permit, Lynch, DEP SE 19-1169, 13 & 15 Bayberry Lane, Map 13, Parcels 149 & 150.
Mr. Smith MOVED to grant an Extension for DEP SE 19-1169. Ms. Giovinazzo SECONDED the Motion.
SO VOTED UNANIMOUSLY.
Request for Certificate of Compliance, Yalenzian, DEP SE 19-341, 657/659 Bridge Road, Map 19, Parcel 093.
It was moved by Mr. Kelleher and SECONDED by Mr. Smith to grant a Certificate of Compliance for DEP SE 19-341.
SO VOTED UNANIMOUSLY.
Request for Certificate of Compliance, Coletti, DEP SE 19-1295, 155 Sparrow Road, Map 04, Parcel 195.
Deputy Usowski said that everything at this site seems to be in order except for a gate and a stone step. Chairman Murley read a letter from Gordon Peabody of Safe Harbor Environmental saying that a gate had been installed with a stone slab beneath it that was not on the plan and that he didn’t know about. He said that he will have the stone slab removed.
Ms. Williams MOVED and Mr. Kelleher SECONDED the Motion to grant a Certificate of Compliance for DEP SE 19-1295.
SO VOTED UNANIMOUSLY.
Request for Certificate of Compliance, Brothers, DEP SE 19-948(Lecce, 165 Shurtleff Road, Map 10, Parcel 240.
Chairman Murley said he has told the owner that the Commission needs to wait on this request until all the paperwork is in order.
Mr. Kelleher MOVED to deny this request at this time as the Commission is waiting the proper documentation is in order.
SO VOTED UNANIMOUSLY.
Administrative Review filed by Albert Yalenezian, 657/659 Bridge Road,
Map 19, Parcel 093.
Deputy Usowski told the Commissioners that the owners would like to remove Honeysuckle and Mulberry trees on the border of the A.C.E.C. The neighbors, Doborah J. Leone and David Kilgrow, have submitted a letter objecting to the removal of this wildlife habitat.
Chairman Murley suggested that anything done in the A.C.E.C. requires more review and that any proposal that would remove canopy needs a very careful review.
It was MOVED and SECONDED that should the Applicant wish to proceed with this proposal a Notice of Intent will be required.
SO VOTED UNANIMOUSLY.
An opening on the Open Space Committee, a subcommittee of the Conservation Commission, was discussed. There is a Management Plan for the land in Eastham and the maintenance of trails. Mr. Smith volunteered to serve on the Open Space Committee.
SO VOTED UNANIMOUSLY.
There was no further business. Mr. Smith MOVED and Ms. Williams SECONDED the Motion to adjourn at approximately 11:50 P.M.
SO VOTED UNANIMOUSLY.
Minutes taken by Judith Williams,
Transcribed and respectfully submitted by,
Kay Stewart-Greeley
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