Eastham Conservation Commission
22 July 2008
MINUTES
PRESENT: Commissioners Dennis Murley, David Hoerle, Judith Williams, Steve Smith, Lorraine Giovinazzo, Glenn Collins.
STAFF PRESENT: Deputy Officer Natural Resources Amy Usowski, Norah Scholl, Clerk.
ALSO PRESENT: Thomas Micelli, Richard Palius, George Reinhart, Martin McDonald, Victoria Stoll, Dana Gould, Denis O’Hara, Edward Clifford, Robin Foley, Albert Pemberton, George Civita, Debbi, Gaber, Dennis Gaber, Jane Harris, Tim Brady of East Cape Engineering, Inc.
7:00 P.M. Chairman Murley opened the meeting.
7:10 P.M. APPROVAL OF MINUTES of 24 June 2008.
After a few minor corrections, Ms. Williams MOVED and Mr. Smith SECONDED the Motion to approve the Minutes of 24 June 2008.
THE VOTE WAS 4 IN FAVOR AND 2 ABSTENTIONS.
MOTION CARRIED.
7:15 P.M. APPROVAL OF MINUTES OF 08 July 2008.
Mr. Collins MOVED approval with a couple of minor corrections and Mr. Hoerle SECONDED the Motion.
THE VOTE WAS 5 IN FAVOR AND 1 ABSTENTION.
MOTION CARRIED.
Commissioner Collins recused himself from the next hearing and left the hearing room.
7:20 P.M. Notice of Intent filed by Thomas and Ellen Micelli, 25 Cove Road and 1200 State Highway, Map 18, Parcel 042 and Map 19, Parcel 041.
Chairman Murley announced this hearing.
Thomas Micelli spoke on behalf of the proposed project. There was improper cutting of trees in the wetland and Buffer Zone for which he said that he and his wife take full responsibility for and apologize. He said that a storm uprooted a 5' tree which was cut up and piled at the end of his driveway. He said that a Willow tree was knocked down. About 6' - 7' of the tree was on the abutter, Ms. Stoll’s property and was cut up. He said that in between the detached garage and the house was an ornamental tree and it was getting too big. He said that it was 12" at the base and about 12' tall. There was a large Winterberry bush which was being choked by a Maple tree and the Maple tree was cut to save the Winterberry bush.
Mr. Micelli went on to explain that there were eight Cedar trees on his property, three of which are in the Buffer Zone. He said that two of the three trees in the Buffer Zone were damaged and he was directed to have them removed; but instead, they were trimmed at the bottom and they are doing fine. Mr. Micelli proposed that they put two small Winterberry bushes and two Cedars in to make restitution. He said that everything which was cut down has grown back in nicely except for the Willow tree. He said that if the Winterberries are planted on the edge of the property they will probably have a better chance of survival.
Mr. Hoerle said he feels as though Winterberry should be added in the future and Mr. Murley commented that he doesn’t think the applicants should cultivate a variety of plants, but just native plants.
Victoria Stoll, the neighbor of the Micellis, whose property was disturbed due to Mr. Micelli’s actions addressed her concerns to the Commission. She said that there was a Locust tree which fell during Hurricane Eli, but there were trees taken down on her property without her permission. She said there was a Willow tree on her property which was taken down.
She said that the Willow tree is trying to come back, but critters are eating the shoots. She said she is concerned about the criminal and conservation aspects. She said there is room between the Willow tree and Mr. Micelli’s property to put in some native plants. Ms. Stoll did not file criminal charges because several people asked her to come to the Conservation Commission. She said she went to the police and filed an incident report. She said that Mr. Collins came to her house the to apologize.
Mr. Murley said he believes that the tree is a Black Willow and will be able to grow back. Ms. Giovinazzo said she thinks that, in general, the people who are the perpetrators, whether it is someone who is aware of the rules or not, are the ones who should be fined. Deputy Usowski pointed out that usually, the homeowner who hires the landscaper to do the work is the one who receives the fine.
Mr. Hoerle asked Ms. Stoll if she truly thinks that this work was done maliciously and Ms. Stoll said yes, she did.
Mr. Smith wondered if there should be anything being planted in this area since it is within the 50' Buffer Zone. He said he does not believe there was any malicious intent behind this.
Chairman Murley reminded Mr. Micelli that Mr. Micelli had come to the Commission about five years ago and proposed constructing an addition at his property which was approved. He said that at that time he told Mr. Micelli that he needed to be careful where he mowed and cut things down and piled them because of the Buffer Zone. He said that almost everything which was cut down grows vigorously, so luckily there shouldn’t be any real permanent damage. He said that he believes Mr. Micelli should plant Winterberries and Evergreens on his property, then most things will grow back.
Mr. Hoerle commented that he doesn’t believe that Mr. Collins had any malicious intent, and is sure that if Mr. Collins could take back what he did then he would.
There was no further comment and Chairman Murley closed this hearing. Ms. Williams MOVED that Mr. Micelli comply with Ms. Stoll’s wish that he plant within the Buffer Zone on his property and that the Willow be allowed to grow back and that a demarcation of some kind such as intermittent stones or half a split-rail fence be installed so that it is obvious where no human activity is to take place and that the plants be allowed to regrow instead of being replaced, with Order of Conditions 1-18, 19, 20, 21, 26, 29, 37, 38. Ms. Giovinazzo SECONDED the Motion.
SO VOTED UNANIMOUSLY.
Commissioner Collins returned to the hearing room at this time.
8:20 P.M. Notice of Intent filed by Dorothy Richardson, 410 Windjammer Lane, Map 19, Parcel 092.
Chairman Murley announced this hearing.
George Reinhart was present for Mrs. Richardson. He said that by moving the proposed garage next to the house he will probably not have to extend the driveway very much and there will not be as much damage to the area. He said that the Limit of Work will be within 3' of the structure.
There were no questions and Chairman Murley closed this hearing.
Mr. Smith MOVED approval with Order of Conditions 1-18, 19, 20, 21, 22, 23, 24, 26, 29, 33, 35, 37. Mr. Collins SECONDED the Motion.
SO VOTED UNANIMOUSLY.
8:45 P.M. Continuation of Hearing on 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. and Robin Foley, Mrs. Lee’s daughter, were present for Mrs. Lee. Mr. Brady said that the new plan included a walk-out basement, less fill, some small stone retaining walls, and a new landscape plan. He said there is also a retaining wall adjacent to West Shore Drive. He said an outdoor shower is also proposed and a fence. He said that a new plant list was added to show what would be planted. Additionally, he said they would like to make a stone walkway and the stones would be placed on top of the sand.
Robert McGaw, an abutter, could not attend but submitted a letter outlining some of his concerns (See attached). Deputy Usowski suggested that a sand sample be taken to determine if this site is a Coastal Bank or a dune, but according to the maps it is a Coastal Bank. Ms. Williams asked if there was excavation to install the door to provide for the walk-out basement which was not approved by the Conservation Commission. Mr. Brady responded that there was not. Ms. Williams also wanted to know if the retaining walls had been discussed and Mr. Brady said that they were approved by the Conservation Commission under a change in plans before it was decided by the Commission that an Amended Order would be more appropriate.
Jane Harris was present to speak on behalf of her friend, Robert McGaw, an abutter. She said that she doesn’t know if this is a Coastal Bank or a Coastal Dune. She said she doesn’t think the project meets the performance standards. She said she is not sure if the basement meets the building code if this is a Coastal Bank, Coastal Dune or a Cliff-Top Dune. Ms. Harris said she would like Mr. Brady to present sediment samples and have the Applicant file a new Notice of Intent. Mr. Brady responded that this area has always been treated as a Coastal Bank and as far as he is concerned, it is not a Coastal Dune or a Cliff-Top Dune under the Wetland Protection Act.
Chairman Murley said he believes this issue will probably head to Court. Ms. Harris said that the footprint of the house has not increased; but, the footprint of the activity has. Mr. Brady said that no one knows where the Top of the Coastal Bank is because there was a house there. Mr. Murley said that the grade was not lowered and no fill was added.
Ms. Williams said she feels as though the Commission needs an expert to come in and let them know whether these guidelines have been met.
Ms. Foley asked the Commission not to apply law and said she feels as though they have been held at a higher standard. Mr. Murley said that he resented Ms. Foley’s comments about being held to a higher standard and pointed out that it was the applicant who installed the retaining wall and walk-out basement.
Mr. Brady pointed out that the Coastal Bank has been restored. Chairman Murley stated that the main function of a Coastal Bank is to provide sediment for the beach. Mr. Smith agreed with Mr. Murley and said that the stepping stones should be removed from the plan. Mr. Hoerle said that one of the issues is the walkways between the house the bank and Mr. Brady said that the stones could be taken out.
Neighbors who came to express their concerns said they felt there were conflicting issues: an unfinished basement, a full bath in the basement solely to provide a shower for when someone comes back from the beach; however, before this they had been approved for an outside shower.
Mr. Smith asked if the retaining walls were mortared or just stacked and Mr. Brady told him they were just stacked.
There were no additional comments and Chairman Murley closed this hearing. Mr. Smith MOVED to issue an Amended Order of Conditions for DEP SE 19-1279 and the plan of record shall now become “Site Plan Showing Existing Conditions and Proposed Amendments, 7 West Shore Drive, Eastham, MA, Prepared for Florence Lee”, dated July 9, 2008. Mr. Murley SECONDED the Motion.
THE VOTE WAS 3 IN FAVOR, 2 OPPOSED, ONE ABSTENTION.
MOTION CARRIED.
10:10 P.M. Request for Certificate of Compliance, Charles Schworer,
DEP SE 19-208, 20 Jeremiah’s Look, Map 20, Parcel 049.
The Commission reviewed a request from East Cape Engineering, Inc. Mr. Collins MOVED and Mr. Hoerle SECONDED the Motion to issue a Certificate of Compliance for DEP SE 19-208.
SO VOTED UNANIMOUSLY.
10:15 P.M. Request for Extension Permit, Keith Harrison, DEP SE 19-1205, 37 Cranberry Lane, Map 13, Parcel 031.
The Commission reviewed a request from Anchor Marine, Inc. The applicant wishes to continue to replenish the Toe of the Bank. Mr. Hoerle MOVED and Ms. Williams SECONDED the Motion to grant an Extension Permit for DEP SE 19-1205.
SO VOTED UNANIMOUSLY.
10:16 P.M. Request for Extension, Kimler, DEP SE 19-1207, 27 Bayberry Lane, Map 13, Parcel 155.
The Commission reviewed a letter of request from East Cape Engineering, Inc. Work has been done that is not in compliance with the Order of Conditions which was issued and it was MOVED and SECONDED that further discussion is needed before a decision can be made regarding an Extension of this Order of Conditions.
SO VOTED UNANIMOUSLY.
10:20 P.M. Administrative Review, Russel DeRemer, 125 Shurtleff Road, Map 10, Parcel 238.
Deputy Usowski presented this request to extend a low retaining wall and place additional shell in the driveway.
Ms. Williams MOVED and Mr. Smith SECONDED the Motion to ratify this Administrative Review.
10:25 P.M. Administrative Review, Kristen and Patrick McCutcheon, 123 Bay Road, Map 07, Parcel 522.
Deputy Usowski explained this proposal to construct a second-floor addition on an existing single-family dwelling 75' from the top of the Coastal Bank. There will be no change in the footprint.
The Commission felt that an Administrative Review was not adequate for this proposal and would like to see a detailed plan showing the scope of the project, a Limit of Work and how the roof runoff is going to be dealt with.
It was MOVED and SECONDED that the Applicants be required to file a Notice of Intent for this project.
SO VOTED UNANIMOUSLY.
10:30 Lee Court. The Commissioners will meet at 15 Lee Court to discuss plantings.
10:48 P.M. Reorganization of Commission.
It was MOVED by Mr. Collins and SECONDED BY Ms. Williams to keep the present officers in place.
SO VOTED UNANIMOUSLY.
There was no further business. It was MOVED and SECONDED to adjourn at 10:46 P.M.
SO VOTED UNANIMOUSLY.
Minutes taken by Norah Scholl,
Transcribed and respectfully submitted by,
Kay Stewart-Greeley
cc: Town Administrator
Town Clerk
Board of Selectmen
Building & Health
Planning Board
Library
| 
