Eastham Conservation Commission
08 July 2008
MINUTES
PRESENT: Commissioners David Hoerle, Judith Williams, Steve Smith, Lorraine Giovinazzo, Leah Dower, Glenn Collins.
STAFF PRESENT: Deputy Officer Natural Resources Amy Usowski, Norah Scholl, Clerk.
ALSO PRESENT: Town Planner Sarah Raposa, Carl Ericson, Marcy Ericson, Noel Tisdale, Mary Louise Sette, David Lajoie of FELCO, Inc.
7:00 P.M. Commissioner Hoerle opened the meeting. Chairman Murley was not present.
APPROVAL OF MINUTES: There was no quorum for approval of the Minutes.
7:15 P.M. DISCUSSION - PURCHASE OF OPEN SPACE PROPERTY.
There was discussion regarding the purchase of property for Open Space with funds from a grant and the Community Preservation Act. The purchase would require Conservation Commission approval and submittal of a grant application. The purchase would be placed on the Spring Town Meeting Warrant.
The Commissioners felt as though all or some sensitive parts of the property should be preserved and were in favor of continuing negotiations for purchase.
A MOTION was made by Ms. Dower and SECONDED by Ms. Williams to support the purchase of this land.
SO VOTED UNANIMOUSLY.
7:30 P.M. Notice of Intent filed by Target View Beach Association, 25 & 35; 45 & 55, and 85 & 95 Bay View Drive, Map 13, Parcels 48 & 49, 16 & 17, 12, and Map 10, Parcel 277.
Commissioner Hoerle announced this hearing. Carl Ericson, the Clerk for the Target View Beach Association, was present to speak about the project. He told the Commissioners that the Association installed the stairways in 1997 and
got an Extension Permit that recently expired. He said he spoke with Deputy Usowski about getting an Order of Conditions to maintain and repair the stairways. He said the stairways are at the end of paths to the beach. He said that one set of stairs is currently in need of repair but the others look like they’re in good condition. The Order of Conditions recently expired. He said that the beach has built up over the bottom steps, so the concern that a storm could possibly wipe out the bottom steps hasn’t been an issue.
There were no further questions and Mr. Hoerle closed this hearing. Mr. Smith MOVED approval and Ms. Giovinazzo SECONDED the Motion with Order of Conditions 1-18, 19, 20, 21, 22, 25, 27, 29, 30, 32, 33, 34, 35, 36.
SO VOTED UNANIMOUSLY.
7:45 P.M. Notice of Intent filed by Edward & Rita Budarz, 420 Ireland Way,
Map 17, Parcel 032.
Mr. Hoerle announced this hearing. David Lajoie of FELCO, Inc. was present to speak for the applicants and explained that Mr. Budarz would like to expand his driveway in order to access a 28' x 40' boat storage garage. It would be built on a concrete slab at elevation 11'. The proposed garage/storage building bisects the A.C.E.C. Not many trees would be removed. The storage building would be built on a concrete slab so that it is out of the wetland area and less costly than if he were to build it on piles. The concern is that it is very close to the wetland.
Mary Louise Sette, an abutter, expressed her concerns. She said that noise has increased on the property and that she is concerned that the wetland will be affected and that the noise level will increase even more if more trees are cut down.
Commissioner Williams said that it is possible that the power company is responsible for coming in and clearing out some of the trees. Mr. Collins wondered if the building could go on a different part of the lot, since the proposed site is within the A.C.E.C.
Ms. Dower said she feels that there are other options which are not being utilized, and Mr. Smith said he feels as though Mr. Budarz could put the storage building where it is proposed, if it is downsized.
Mr. Lajoie requested a continuance. Mr. Collins MOVED and Mr. Hoerle SECONDED the Motion to continue this hearing until 12 August 2008.
SO VOTED UNANIMOUSLY.
8:15 P.M. Request for Determination of Applicability filed by Theodore & Laurie Beneski, 7 Nycoma Way, Map 10, Parcel 325.
Mr. Hoerle announced this hearing. David Lajoie of FELCO, Inc. was the representative for the Applicants. The Applicants propose construction of an outdoor shower and additional decking within 50' of a Coastal Dune. If constructed, there shouldn’t be too much erosion underneath the deck or shower. Pea stone would be put underneath the deck and shower to collect runoff. One possible option is to put it on the driveway where there is already drainage and gravel, and still put pea stone underneath.
Ms. Dower MOVED a Negative Determination for Reason #3, with the shower to be constructed as it is shown on the plan, and Ms. Giovinazzo SECONDED the Motion.
SO VOTED UNANIMOUSLY.
8:30 P.M. Notice of Intent filed by George Swope, 22 Asparagus Lane, Map 19, Parcel 037.
Mr. Hoerle announced this hearing. Mr. Swope was not present and Deputy Usowski presented his proposal to remove four dead Pitch Pines within the 50' Buffer to a Coastal Bank and within the A.C.E.C. Mr. Swope is concerned that if the trees are not removed, they may fall on his neighbor’s house, and he also has aesthetic concerns. He sees this as an opportunity to have a better view of the marsh, and he would put shrubs in their places. He said he is going to hire someone to take the trees down and leave the root systems intact.
Ms. Williams MOVED that Mr. Swope be allowed to remove the trees and that he if he intends to do any re-planting in the area he submits a list of what he’s going to plant. Ms. Giovinazzo SECONDED the Motion. Deputy Usowski presented Order of Conditions 1-18, 19, 20, 21, 26, 29.
SO VOTED UNANIMOUSLY.
8:45 P.M. There was discussion relative to an upcoming filing by the Mannings on 20 Cartway South to maintain property within 100' of a resource area, which they have been doing for some twenty years without appropriate documentation. There are numerous Terrapin on the property and there are areas of the property which need to remain open in order to maintain the nesting habitat.
Deputy Usowski had suggested to the owner that he get a site plan, but Mr. Manning said it would cost some Eight Thousand Dollars ($8,000) and wanted to know whether there is another way they can present their proposal without having to go to the expense of having a site plan drawn.
The owners are open to having the Conservation Commission visit the property. Mr. Collins didn’t feel as if it would be completely fair to prevent them from maintaining the grass at all since they have been maintaining the property this way for quite some time. Since the Wetland Regulations Act came into effect this work has been being done illegally.
9:00 P.M. Discussion. Shipley, DEP SE19-1293, 55 Schoolhouse Road, Map 12, Parcel 066.
Ms. Shipley asked if she could plant Tupelo instead of American Beech trees. The Commission said that Tupelos are still native and replacing the Beech with Tupelos is fine and does not require a change in plans.
There was no further business. Ms. Dower MOVED to adjourn. Ms. Williams SECONDED the Motion.
SO VOTED UNANIMOUSLY.
Minutes taken by Norah Scholl,
Transcribed and respectfully submitted by,
Kay Stewart-Greeley
cc: Town Administrator
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