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Conservation Commission Minutes 09/09/2008

Eastham Conservation Commission
09 September 2008


MINUTES

PRESENT:        Commissioners Dennis Murley, David Hoerle, Judith Williams, Leah Dower, Lorraine Giovinazzo, Glenn Collins, Steve Smith.

STAFF PRESENT:  Deputy Natural Resources Officer Amy Usowski, Norah Scholl, Clerk.

ALSO PRESENT:   Beatrice Burke, Dave Crary, David Lyttle of Ryder & Wilcox, Inc. Susan Harris, Carl Harris, Lydia Harris.

7:00 P.M.       Chairman Murley opened the meeting.

703 P.M.        Approval of Minutes of 26 August 2008.

Minor corrections were made to the Minutes.  Mr. Hoerle MOVED and Ms. Giovinazzo SECONDED the Motion to approve the Minutes of 26 August 2008.

THE VOTE WAS 6 IN FAVOR WITH MR. SMITH ABSTAINING.

MOTION CARRIED.  MINUTES OF 26 AUGUST 2008 APPROVED.

7:05 P.M.       Request for Certificate of Compliance, Macomber, DEP SE 19-1178,
19 Arrowood Drive, Map 20, Parcel 101B.

The Commissioners reviewed the request for a Certificate of Compliance for the construction of a garage addition to an existing dwelling within the Buffer Zone to a Bordering Vegetated Wetland and within the Inner Cape Cod Bay ACEC.  The Commissioners stated that they believed everything was in accordance with the Order of Conditions.

Mr. Collins MOVED to issue a Certificate of Compliance for DEP SE 19-1178. Mr. Smith SECONDED the Motion.

SO VOTED UNANIMOUSLY.





EASTHAM CONSERVATION COMMISSION

09 SEPTEMBER 2008
MINUTES.

7:10 P.M.      Administrative Review filed by Ann Marie Beaudoin, 51 Longstreet Lane, Map 10, Parcel 344.

The Applicant wishes to install Belgian Block Edging, use an above-ground drip irrigation system, plant Hydrangeas, and possibly add more shell to the driveway where it is sparse.  The work is within the 100' Buffer Zone to a Coastal Bank.

Ms. Williams asked if they had come to the Commission previously for permission to do clearing around the boat which is located on the left side of the driveway.

Deputy Usowski said that as far as she knew they had not filed.  She said she would make them aware that this is not a permissible activity.  Chairman Murley commented that if this Administrative Review were approved, the Applicant should plant native plants and not Hydrangeas.

Mr. Collins MOVED to ratify this Administrative Review and Ms. Williams SECONDED the Motion.

SO VOTED UNANIMOUSLY.

7:20 P.M.       Notice of Intent filed under the Eastham Wetland By-Law only, by Harris Family Trust,  Lydia H. Harris & Carl W. Harris, Trustees, 600 Dyer Prence Road, Map 19, Parcel 043A.

David Lyttle of Ryder & Wilcox, Inc. was present for the Harrises, who are proposing road construction within 10' from Land Subject to Coastal Storm Flowage.  Members of the Harris family were also present.

Mr. Lyttle stated that the proposed entrance to the roadway of the subdivision occurs within Priority Habitat of Rare Species as classified by Natural Heritage and the Endangered Species Program.  He said that they had recently heard from Kristen Black of Natural Heritage that Natural Heritage would like additional assessment of the site to be done to determine what species are present and where, so this will necessitate a continuance.  This area is potential habitat for Diamondback Terrapin.

Ms. Williams asked if this site is across the street from where the Commission recently approved the construction of a dock and Mr. Lyttle said it was.

Mr. Harris said he has spoken to the Town on numerous occasions about purchasing this property.  

Mr. Collins said he wants to make sure the environment is preserved and that the runoff doesn’t go onto Dyer Prence Road and that perhaps the Applicant doesn’t need to pave the road.  Mr. Lyttle said they might be open to that idea.



EASTHAM CONSERVATION COMMISSION
09 SEPTEMBER 2008
MINUTES.


Beatrice Burke, an abutter, expressed her concern that runoff might effect her well water.

Chairman Murley said that at this particular time the Commission is only addressing the construction of this particular roadway and it looks as though it is far enough away from her property.

Mr. Lyttle said he would like to request a continuance until the first meeting in October.  Mr. Collins said that the Community Preservation Committee could write an article asking the Town to buy this property and bring it to the next Town Meeting.  

Mr. Collins MOVED to continue this hearing until the first meeting in October and Ms. Williams SECONDED the Motion.

SO VOTED UNANIMOUSLY.

8:04 P.M.       Continuation of Hearing on Notice of Intent filed by Edward & Rita Budarz, 420 Ireland Way, Map 17, Parcel 032.

The Applicants’ representative had submitted a letter requesting a continuance of this hearing.  Mr. Collins MOVED to continue until 14 October 2008 and Mr. Hoerle SECONDED the Motion.

SO VOTED UNANIMOUSLY.

8:05 P.M.       Request for Certificate of Compliance, Kazanjian, DEP SE 19-1138, 120 Lawton Road, Map 14, Parcel 040.

The Commissioners reviewed this request.  Deputy Usowski said that of the 20 or so plants only one of the Winterberry bushes wasn’t doing very well.  In the future, if Mr. Kazanjian wants to do more cutting, he will need to file with the Commission.  Some cutting has been done which shouldn’t have been and it was suggested that perhaps he meet with the Commissioners at the beginning of the meeting on September 23rd.

Mr. Hoerle MOVED to Deny the issuance of a Certificate of Compliance at this time and Ms. Dower SECONDED the Motion.

SO VOTED UNANIMOUSLY.

8:15 P.M.       Request for Certificates of Compliance, Clionsky & Newlove,
DEP SE 19-40, SE 19-817 & SE 19-1078, 45 West Road, Map 04, Parcel 035.

FELCO, Inc. requested these Certificates.  The old Order, SE 19-40 had been issued Partial Certificate years ago which had never been recorded.  The other two Orders were for work on a concrete retaining wall and installation of snow fencing.  

Mr. Smith MOVED to issue a Certificate of Compliance for DEP 19-40 and Ms. Giovinazzo SECONDED the Motion.

SO VOTED UNANIMOUSLY.

Mr. Collins MOVED to issue a Certificate of Compliance for DEP SE 19-817 and Ms. Williams SECONDED the Motion.


SO VOTED UNANIMOUSLY.

Ms. Williams MOVED to issue a Certificate of Compliance for DEP SE 19-1078 and Mr. Smith SECONDED the Motion.

SO VOTED UNANIMOUSLY.

8:25 P.M.       Robinson, DEP SE 19-91230, 18 Asparagus Lane, Map 19, Parcel 036.

Deputy Usowski told the Commissioners that Mr. Robinson had contacted her since they would like to get started, but he is concerned that they are going to have extra fill and wants to know if they can stockpile some fill for two weeks or so if it is maintained properly, behind a silt fence.

Ms. Williams asked if this would be offensive to the neighbors and Deputy Usowski said it might be.  She said it’s about 100-200 yards of material.

The Commissioners agreed that there should be no stockpiling of fill.


Mr. Hoerle  MOVED to adjourn at approximately 8:50 P.M. and Ms. Dower SECONDED the Motion.

SO VOTED UNANIMOUSLY.

Minutes taken by Norah Scholl,                          
        


Transcribed and respectfully submitted by,
Kay Stewart-Greeley

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