Eastham Conservation Commission
14 October 2008
MINUTES
PRESENT: Commissioners Dennis Murley, David Hoerle, Lorraine Giovinazzo, Glenn Collins, Steve Smith, Leah Dower, Judith Williams.
STAFF PRESENT: Deputy Natural Resources Officer Amy Usowski, Norah Scholl, Clerk.
ALSO PRESENT: Katelyn Siddell of East Cape Engineering, Inc, Debi Crosby, David Crary, Pam Ryder, Lauren Zeller, David Lyttle of Ryder & Wilcox, Inc., Susan Harris, Carl W. Harris, Edward Budarz, David Lajoie of FELCO, Inc.
7:05 P.M. Chairman Murley opened the meeting.
7:06 P.M. Approval of Minutes of 23 September 2008.
Mr. Collins MOVED and Mr. Hoerle SECONDED the Motion to approve the Minutes of 23 September 2008 as submitted.
THE VOTE WAS 5 IN FAVOR WITH 2 ABSTENTIONS.
MOTION CARRIED. MINUTES OF 23 SEPTEMBER 2008 APPROVED.
7:10 P.M. Chairman Murley read a letter from the Board of Selectmen requesting that future Conservation Commission meetings be held at Town Hall in the Earle Mountain Room.
7:12 P.M. Kearin, DEP SE 19-1197, 550 Samoset Road, Map 14, Parcel 092.
Katelyn Siddell of East Cape Engineering, Inc. was present for discussion about this Order of Conditions. It was determined that there were structures built which weren’t on the originally-approved plan for this Order of Conditions which is now expired.
The Commission agreed that a new Notice of Intent should be filed for these structures.
7:15 P.M. Notice of Intent filed by Deborah Crosby Sencabaugh, 180 Crosby Village Road, Map 14, Parcel 209.
Chairman Murley announced this hearing. Katelyn Siddell of East Cape Engineering, Inc. was present for the applicant who proposes the construction of a 25'x10' wooden deck. She said the closest point of the deck would be 34' from the Bordering Vegetated Wetland.
Deputy Usowski asked that the Limit of Work be tightened and said that more vegetation close to the pond would be good.
Ms. Dower MOVED and Ms. Giovinazzo SECONDED the Motion approve this project with the Limit of Work on the water side to be 5' and Conditions 1-18, 19, 20, 21, 22, 26, 27, 29, 33, 35.
SO VOTED UNANIMOUSLY.
7:30 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. was present for the applicants.
Chairman Murley asked how many square feet of the proposed garage/boat storage building were in the ACEC. Mr. Lajoie said 587' were in the ACEC. Deputy Usowski said the garage is the same size as originally proposed.
There was discussion about the fact that the proposal is for the building to be on a slab and not on pilings as originally proposed. Mr. Collins said he is no longer opposed to the proposal as he doesn’t think it will make a big impact. A “No Mow Zone” is now proposed.
Chairman Murley suggested the applicants let things grow back. Ms. Dower said she had reservations about the size of the building.
Chairman Murley said there should not be any further cutting in the Bordering Vegetated Wetland. Mr. Smith said that if up to the Limit of Work heading north is reclaimed as a “No Mow Zone: things will grow back and Deputy Usowski said the applicants could put some native plantings in front of the electrical easement area.
Mr. Collins MOVED to approve this project with an altered “No Mow Zone” and Mr. Hoerle SECONDED the Motion, with Order of Conditions 1-18, 19, 20, 21, 22, 23, 24, 26, 27, 29, 33, 35, 37.
THE VOTE WAS 5 IN FAVOR WITH 2 AGAINST.
MOTION CARRIED.
8:05 P.M. Continuation of Hearing on 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.
Chairman Murley announced this hearing. David Lyttle of Ryder & Wilcox, Inc. was present along with the applicants. Mr. Lyttle said the site is designated as a site for Diamondback Terrapin nesting, but none were found. He said an Eastern Box Turtle was found on Lot 10. Mr. Lyttle asked if the Commission could issue an Order of Conditions to be granted upon receipt of an approval from the Natural Heritage & Endangered Species Program.
Deputy Usowski said the Commission is unable to issue an Order without such an approval.
Discussion followed regarding the road construction and the materials to be used. Mr. Lyttle said he will meet with the DPW Superintendent to develop some options and asked that the Commission develop some options as well.
It was MOVED by Mr. Hoerle and SECONDED by Ms. Giovinazzo to continue this hearing until 10 November 2008.
SO VOTED UNANIMOUSLY.
OLD BUSINESS:
8:55 P.M. Request for Certificate of Compliance, Aschettino, DEP SE 19-1313, 5 Nycoma Way, Map 10, Parcel 324.
Deputy Usowski said the vegetation seems to be growing nicely. Ms. Williams MOVED and Mr. Smith SECONDED the Motion to grant a Certificate of Compliance for DEP SE 19-1313.
SO VOTED UNANIMOUSLY.
9:00 P.M. Request for Certificate of Compliance, Flaherty, DEP SE 19-1271, 55/65 Piper Lane, Map 12, Parcel 265/266.
Mr. Collins said he looked at the property and it looks beautiful. Ms. Williams MOVED and Mr. Collins SECONDED the Motion to issue a Certificate of Compliance for DEP SE 19-1271.
SO VOTED UNANIMOUSLY.
9:02 P.M. Request for Extension Permit, Morcaldi, DEP SE 19-1189, One Bayberry Lane, Map 13, Parcel 143.
After some discussion, Mr. Hoerle MOVED and Mr. Smith SECONDED the Motion to grant a three-year Extension Permit for Order of Conditions SE 19-1189.
SO VOTED UNANIMOUSLY.
9:04 P.M. Request for Extension Permit, Bayberry Trust, 49 Longstreet Lane, Map 10, Parcel 343.
Ms. Giovinazzo said that when she visited the site, kids were climbing up the bank on the left side of the revetment and asked if this was part of this site. Deputy Usowski said it was not but a sign should be posted saying “No Climbing on the Bank”.
Mr. Smith MOVED to approve a three-year Extension. Mr. Hoerle SECONDED the Motion.
SO VOTED UNANIMOUSLY.
9:06 P.M. The Commission discussed a letter from Richard Gravina, who owns a
home at 39 Cranberry Lane, who did some work at the property not realizing that he needed Conservation Commission approval for the work.
Deputy Usowski said she received calls from the neighbors saying that Mr. Gravina was doing unauthorized work putting a “No Trespassing” sign on town property and erecting a flagpole and planting Cedar trees.
The Commissioners agreed that Mr. Gravina needs to file an after-the-fact Notice of Intent for the flagpole, the Cedar trees, and the walkway.
9:15 P. Driscoll, DEP SE 19-1208, 385 Harmes Way, Map 01, Parcel 112.
There was discussion about whether a machine should be used for work at this site.
9:30 P.M. Chairman Murley closed this meeting. Ms. Dower MOVED and Mr. Collins SECONDED the Motion to adjourn.
SO VOTED UNANIMOUSLY.
Minutes taken by Norah Scholl,
Transcribed and respectfully submitted by,
Kay Stewart-Greeley
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