Eastham Conservation Commission
12 August 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: Tim Brady of East Cape Engineering, Inc., Ron Peterson of Atlantic Well, David Lajoie of FELCO, Inc.
7:12 P.M. Chairman Murley opened the meeting.
7:15 P.M. APPROVAL OF MINUTES of 22 July 2008.
Minor corrections were made to the Minutes. Ms. Williams MOVED and Mr. Smith SECONDED the Motion to approve the Minutes of 22 July 2008.
SO VOTED UNANIMOUSLY.
7:20 P.M. Request for Determination of Applicability filed by Charles Sardonini,
70 Log Cabin Road, Map 21, Parcel 006J.
Chairman Murley announced this hearing. Ron Peterson of Atlantic Well Drilling was the applicant’s representative. He explained that the owners need access to the well site and the owners’ property extends down to Ken’s Way. This would be the best way to access the site. He said they need to remove some trees which are blocking the access to the well site.
Deputy Usowski told Mr. Peterson that the owners need to file with the Natural Heritage and Endangered Species Program. Mr. Peterson said there is no other way to access the site if the trees aren’t removed. The excavator would have to go on or near the wetland if they were to access the site from Ken’s Way.
Mr. Hoerle wondered if it would be possible to spare the most valuable trees. Mr. Peterson said he was not sure if that would be possible, and knows that some fallen trees and brush will need to be removed. An 8'-wide duel rear-axle machine will be needed and they will be drilling 80-100' into the ground. Mr. Collins wanted to know how much the machine weighs and how stable the soils are where the machine will be traversing. Mr. Peterson said that the machine was over the CDL limit, and some depression would be seen.
There was no further discussion and Chairman closed this hearing.
Mr. Hoerle MOVED a Negative Determination for Reason #3 and Mr. Smith SECONDED the Motion.
SO VOTED UNANIMOUSLY.
7:40 P.M. Continuation of Hearing on Notice of Intent filed by Edward & Rita Budarz, 420 Ireland Way, Map 17, Parcel 032.
Chairman Murley announced this hearing. David Lajoie of FELCO, Inc., the Applicants’ representative was present and requested another continuation. Mr. Collins MOVED and Mr. Smith SECONDED the Motion to continue this hearing until 26 August 2008.
SO VOTED UNANIMOUSLY.
7:42 P.M. Request for Extension Permit, Andrew Cohn, Cliff Cottage Trust,
DEP SE 19-1198, 7 Memory Lane, Map 07, Parcel 501.
Chairman Murley read a letter from David Michniewicz of Coastal Engineering Company requesting an Extension for this Order of Conditions. Deputy Usowski said that the project looked completed to her and there didn’t seem to be any major landscaping being done. She said the neighbors say there may be some kind of dispute about the right-of-way.
Mr. Collins MOVED to grant an Extension and Ms. Williams SECONDED the Motion.
SO VOTED UNANIMOUSLY.
7:45 P.M. Request for Certificate of Compliance, Brothers, DEP SE 19-948,
165 Shurtleff Road, Map 10, Parcel 240.
This Order of Conditions was issued in 2004 and was reviewed by the Commission. Deputy Usowski said that some of the plantings aren’t doing very well, such as the Blueberries.
There is an underground irrigation system in the front of the house which is outside the 100' Buffer Zone and there is also underground irrigation inside the 50-100' Buffer Zone on the sides of the house. Mr. Collins expressed concern about where the owners drain the hot tub water. The Order has no Condition prohibiting an underground irrigation system.
Mr. Collins MOVED and Ms. Williams SECONDED the Motion to Deny a Certificate of Compliance for DEP SE 19-948.
SO VOTED UNANIMOUSLY.
7:50 P.M. Request for Amended Order of Denial Order of Conditions
SE 19-1294 filed by Thomas Cafro, 13 Nycoma Way, Map 10,
Parcel 327.
Tim Brady of East Cape Engineering, Inc. spoke on behalf of Mr. Cafro. Ms. Giovinazzo asked Mr. Brady if she should be allowed to vote since she wasn’t present when the proposals were first presented to the Commission by Mr. Cafro. It was decided that she should not vote.
Deputy Usowski said the plan now shows a gravel ramp instead of a removable ramp. The front of the garage will be level with the surrounding earth. The rear of the proposed garage would be raised above the ground for sand migration.
Mr. Brady stated that the disadvantage is that the proposed building is lower to the Dune than originally planned since it was moved forward 8'. Deputy Usowski asked Mr. Brady if he had any discussion with his client about keeping the smaller size garage which the Commission had previously approved. Chairman Murley said he preferred the originally-approved smaller garage because it would be less of a disturbance to the resource area.
Mr. Hoerle MOVED to Deny the request to Amend the Denial Order of Conditions for DEP SE 19-1294. Mr. Smith SECONDED the Motion.
SO VOTED UNANIMOUSLY.
8:10 P.M. Discussion regarding DEP SE 19-1207, Bradford & Lisa Kimler,
27 Bayberry lane, Map 13, Parcel 155.
Tim Brady of East Cape Engineering, Inc. was present to speak on behalf of the Kimlers. The Kimlers had previously requested a Certificate of Compliance but the Commission felt that what was present at the property did not comply with the Order of Conditions. The retaining walls were more extensive than approved and the front porch is in a different location. The Commission would like to see an “As-Built” plan and a request for an Amended Order of Conditions and an Extension Permit.
8:40 P.M. Request for Certificate of Compliance, John & Karen Klingel,
DEP SE 19-1262, 90 State Highway, Map 20, Parcel 117B.
The Commission reviewed the request letter from David A. Lyttle of Ryder & Wilcox, Inc. The Commissioners wondered why the Applicants don’t wait until after the last herbicide application to the Phragmites to request a Certificate of Compliance. They also wondered why there were so few plantings and suggested planting narrow-leaf Cat Tail. There were no major objections; but, the Commissioners decided to hold off on issuing a Certificate of Compliance until the Phragmites treatment is finished and until more native plants are installed.
8:45 P.M. Request for Certificate of Compliance, David Watson & Nora Scanlon, DEP SE 19-1245, 1315 Samoset Road, Map 13, Parcel 116.
The Commissioners reviewed the letter from Russell Holden, Jr., of Ryder & Wilcox, Inc. requesting a Certificate of Compliance. Minor changes have been made. The existing deck was reduced in size and now measures 10'x20'. The approved bluestone walk in front has been changed to a shell walk, and here are two air conditioning units located off the Southeast corner of the dwelling.
The Commission would like Mr. Watson and Ms. Scanlan to complete the planting. Mr. Hoerle MOVED to Deny this request because the planting is not compliant with the approved plan. Mr. Smith SECONDED the Motion.
SO VOTED UNANIMOUSLY.
8:55 P.M. Administrative Review filed by Lynn Newlove, 45 West Road, Map 04, Parcel 535.
Deputy Usowski said she had no problem with the proposal to remove sand from the access to West Road from Steele Road. Chairman Murley thought that perhaps the Town might want the sand.
Ms. Williams MOVED and Mr. Smith SECONDED the Motion to ratify this Administrative Review
SO VOTED UNANIMOUSLY.
9:00 P.M. Administrative Review filed by Russel & Darlene DeRemer, 125 Shurtleff Road, Map 10, Parcel 238.
The Applicants wish to remove invasives in the front of their home and trim a path along the side. The Commission wanted to know how extensive the cutting would be. They said they can prune around the wires so there is no danger.
It was MOVED and SECONDED to ratify this Administrative Review for the Applicants to complete items #1 & 2 on the project description. More description will need to be provided to the Commission before they can approve items #3 & 4.
SO VOTED UNANIMOUSLY.
9:08 P.M. Administrative Review filed by Dan Wacht, 55 Pilot Road, Map 11,
Parcel 368.
Deputy Usowski explained the request to remove a dead Pine and prune hazardous limbs. There has been no extensive landscaping done on this property. Mr. Collins MOVED and Mr. Smith SECONDED the Motion to ratify this Administrative Review.
SO VOTED UNANIMOUSLY.
9:10 P.M. Discussion regarding DEP SE 19-1268, Gussack, 50 Vandale Circle,
Map 15, Parcel 80.
This project is on the upcoming schedule for an Amended Order of Conditions for the construction of a dock in addition to the previously-approved walkway to Muddy Pond. Gordon Peabody of Safe Harbor wanted to know how the Commissioners felt about the materials that the proposed dock will be made of and whether or not they want it to be removable. Deputy Usowski said they will also need to file for a Chapter 91 Permit.
9:15 P.M. Kenealy-Nies, DEP SE 19-1288, 65 Cove Road, Map 19, Parcel 049.
Deputy Usowski told the Commission that Mr. Nies wanted to know if he needed to remove the Phragmites which has been growing since the installation of the revetment. The Commission said to plant whatever he can and to leave the Phragmites if he wishes. Once he stops watering, the Phragmites shouldn’t be so prolific.
9:20 P.M. Mr. Collins MOVED to adjourn and Ms. Giovinazzo SECONDED the
Motion.
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
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