Eastham Conservation Commission
26 August 2008
MINUTES
PRESENT: Commissioners Dennis Murley, David Hoerle, Judith Williams, Leah Dower, Lorraine Giovinazzo, Glenn Collins.
STAFF PRESENT: Deputy Natural Resources Officer Amy Usowski, Norah Scholl, Clerk.
ALSO PRESENT: Gordon Peabody and Anna Jankowicz-Conlon of Safe Harbor Environmental Services, Erik Mitchell of J.C. Ellis Design, Ed Budarz.
7:00 P.M. Chairman Murley opened the meeting.
7:15 P.M. APPROVAL OF MINUTES of 12 August 2008.
One correction was made to the Minutes. Mr. Collins MOVED and Mr. Hoerle SECONDED the Motion to approve the Minutes of 12 August 2008.
THE VOTE WAS 5 IN FAVOR WITH MS. DOWER ABSTAINING.
MOTION CARRIED. MINUTES OF 12 AUGUST 2008 APPROVED.
7:12 P.M. Administrative Review filed by the Town of Eastham. Eastham Aquaculture Technolgy Training Center, Hemenway Landing, Map 15, Parcel 018.
The Town wishes to prune the vegetation around the greenhouse to allow better access. The only plants which will be pruned are those which are growing through the fencing or have grown within the enclosed area.
Ms. Williams MOVED and Ms. Giovinazzo SECONDED the Motion to ratify this Administrative Review.
SO VOTED UNANIMOUSLY.
7:15 P.M. Request for Certificate of Compliance, Reilly DEP SE 19-1272, 35 Cedar Lane, Map 21, Parcel 056.
This project was for the construction of an elevated walkway over the Salt Marsh. Ms. Giovinazzo said that it looked as though the walkway going down the hill will have potential for erosion. Deputy Usowski said she will make the applicant aware of that.
Ms. Collins MOVED to approve the issuance of a Certificate of Compliance for
DEP SE 19-1272 and Ms. Giovinazzo SECONDED the Motion.
SO VOTED UNANIMOUSLY.
7:20 P.M. Request for Amended Order of Conditions filed by Amy Gussack & Kermit Moyer, 50 Vandale Circle, Map 15, Parcel 80.
Gordon Peabody and Anna Jankowicz-Conlon of Safe Harbor Environmental Services spoke on behalf of Ms. Gussack & Mr. Moyer. Mr. Peabody said that a 45'-long walkway had been previously approved and with the request for an Amended Order the new walkway will be 40' long instead of 45' long with a widened deck at the end to allow for wheelchair access and turnaround. He said that the walkway will be made of composite “flow through” design material which will allow sunlight, water, and air to pass through. No treated wood will be used. He said the new walkway will be set on pads and the original intention of excavated posts will not be required. The end section will be able to be removed and stored on top of the walkway. The surface will provide a space to store the property owners’
canoe.
Deputy Usowski said she thinks the new material will be less invasive; therefore, the vegetation won’t die. The owners shouldn’t store their boats in the pond or right next to it. She said that the abutters wanted to make sure that no Lily pads are harmed.
Mr. Collins said that the grasses don’t look as though they have been able to fully grow and that the reason a fence was put up was so that the owners wouldn’t mow in the “No Mow” zone. Mr. Hoerle wondered if this would be the only dock on Muddy Pond and Chairman Murley said he believed it would be. Mr. Hoerle said he wants to make sure that if the Commission approve this project that they remain consistent with proposals in the future. Ms. Dower said she believes that the Commission has been consistent in the past with proposals similar to this one.
Mr. Collins MOVED to amend Order of Conditions SE 19-1268 and that the plan of record
become plan entitled “Gussack-Moyer, 50 Vandale Circle, Eastham, MA, Proposed Site Plan” dated 8/29/08, signed and stamped by Amy Usowski & Gordon Peabody. Mr. Hoerle SECONDED the Motion.
SO VOTED UNANIMOUSLY.
7:50 P.M. Notice of Intent filed by Jean Flaherty, Wilson Eastham Cottage N.T., 165 Harmes Way, Map 01, Parcel 103.
Erik Mitchell of J.C. Ellis Design was present for the Applicant. He explained that there is an existing cesspool which is in or near ground water and the whole property is on a Barrier Beach and Coastal Dune. Mr. Mitchell said the Applicant is proposing to install a 1,500 gallon septic tank and biotube pump package. The areas would be re-vegetated with beach grass when the project is complete.
Deputy Usowski asked if the flow would be the same as the Conservation Commission doesn’t usually allow any construction to take place in a resource area. Mr. Collins asked when the applicant was planning to do the project, and said that the planting should be done when the vegetation has time to establish itself and grow. Ms. Williams asked Mr. Mitchell to provide the Commission with a Construction Protocol stating when the project will be done and the procedure.
There were no further questions or comments and Chairman Murley closed this hearing. Mr. Collins MOVED and Ms. Giovinazzo SECONDED the Motion to approve, with Order of Conditions 1-18, 19, 20, 21, 22, 26, 27, 28, 29, 33, 38 the existing septic shall be removed, 39 a Construction Protocol shall be submitted stating when the project will be done, showing the staging area (use of the existing driveway), and the Limit of Work, and 40 there shall be an on-site meeting with the septic installer before work commences.
SO VOTED UNANIMOUSLY.
8:15 P.M. Continuation of Hearing on Notice of Intent filed by Edward & Rita Budarz, 420 Ireland Way, Map 17, Parcel 032.
Mr. Budarz was present to speak about his proposal. The Applicants were denied the use of an electrical easement by NSTAR. Deputy Usowski said that the proposed structure is close to the wetland. Ms. Dower wondered if any cutting should be allowed since this is a protected wetland and in the A.C.E.C. Mr. Hoerle said that Mr. Budarz is putting the Commission in an untenable position since the proposed storage building would be so close to the wetland. Ms. Giovinazzo explained to Mr. Budarz that he could have more room if he gave up some of his driveway or downsized the proposed building; however, Mr. Budarz said he does not want to do that.
Ms. Williams MOVED that this hearing be continued and that Mr. Budarz come back with his engineer and some compromises. The Motion was SECONDED to continue the hearing until either 9 September of 23 September.
SO VOTED UNANIMOUSLY.
9:10 P.M. Request for Certificates of Compliance, Carroll, DEP SE 19-537 and
SE 19-1132, 35 Pilot Road, Map 11, Parcel 364.
The Commissioners reviewed the request for these Certificates of Compliance for construction of an addition, screened porch and deck. Ms. Williams commented that when she visited the property she observed fertilizer tabs near the owners’ rabbit-eaten garden and was wondering if the Commission should be concerned with this. Mr. Hoerle said he didn’t think so.
Ms. Williams MOVED to issue Certificates of Compliance for both files. Mr. Murley SECONDED the Motion for SE 19-637 and Ms. Dower SECONDED the Motion for
SE 19-1132.
SO VOTED UNANIMOUSLY.
Deputy Usowski told the Commissioners that John Covell wanted to meet with them at a property for which he will be filing a Notice of Intent. The Commissioners agreed to set a meeting date and deputy Usowski will schedule that.
Ms. Giovinazzo MOVED to adjourn at approximately 9:17 P.M. and Ms. Dower SECONDED the Motion.
SO VOTED UNANIMOUSLY.
Minutes taken by Norah Scholl,
Transcribed and respectfully submitted by,
Kay Stewart-Greeley
cc: Town Administrator
Town Clerk
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