Eastham Conservation Commission
28 October 2008
MINUTES
PRESENT: Commissioners Dennis Murley, David Hoerle, Lorraine Giovinazzo, Glenn Collins, Leah Dower, Judith Williams.
STAFF PRESENT: Deputy Natural Resources Officer Amy Usowski, Nicki Burns, Clerk.
ALSO PRESENT: Jonathan Covell, Robert Manning, Bill Allan, Elizabeth Scheibe, David Bennett of Bennett Environmental Associates, Inc., Victoria Stoll, Peter Coneen, Dana Gould.
7:05 P.M. Chairman Murley opened the meeting at 7:04 P.M.
7:06 P.M. Approval of Minutes of 14 October 2008.
The Commissioners reviewed the Minutes. Mr. Hoerle MOVED and Mr. Collins SECONDED the Motion to approve the Minutes of 14 October 2008 with one correction.
SO VOTED UNANIMOUSLY.
7:07 P.M. Request for Extension Permit, Hatch Family Trust DEP
SE 19-1190, Stephen A. Phifer, Trustee, 55 Sunset Lane, Map 13, Parcel 142.
Deputy Usowski said the revetment is nicely covered with sand and the stairs are kept in good shape. Ms. Williams asked about the Ivy covering one whole side of the stairs. Chairman Murley said this is an old family house and the Ivy has always been there.
Mr. Collins MOVED and Ms. Williams SECONDED the Motion to grant a three-year Extension Permit for DEP SE 19-1190.
SO VOTED UNANIMOUSLY.
7:09 P.M. Request for Extension Permits, Marion’s Way Property Owners, DEP SE 19-1025, Marion’s Way, Map 07; and, Maglathlin, DEP SE 19-635, 20 Marion’s Way, Map 07, Parcel 556.
Deputy Usowski said that beach nourishment is maintained annually and there are one or two
areas where it is sparse, but other than that everything was fine. There was some discussion about beach grass.
Ms. Dower MOVED and Ms. Giovinazzo SECONDED the Motion to approve the issuance of these Extension Permits.
SO VOTED UNANIMOUSLY.
7:15 P.M. Notices of Intent filed by The Nubbin, c/o Elizabeth Scheibe, 30 Cartway South, Map 16, Parcel 013; Yasmina Manning, 20 Cartway South Map 16, Parcel 014B; and, Phyllis Mixter, 10 Cartway South, Ma 16, Parcel 014A.
Chairman Murley announced this hearing. Jon Covell was present for the Applicants and told the Commission that he has been the principal maintenance person for these properties for the past twenty years. He said he feels that the work he has been doing maintains the area and is doing a good job for the turtles. He said the work is done annually between October and May.
Deputy Usowski said that the mowing over the years has contributed to the viability of the Diamondback Terrapin habitat. She said this is an after-the-fact filing and any work done within the 100' Buffer Zone or ACEC needs to be approved by the Conservation Commission.
Mr. Hoerle commented that this work probably can be depicted as a showcase for the Town in maintaining a good compatible relationship between man and nature. Mr. Covell said that one of the concerns is safety. He said that Cartway is a one-way dirt road and maintaining clearance is necessary for emergency vehicles to pass. He said that at the beginning of the road the branches grow over the road and it is not passable unless it is maintained. He said the property was subdivided in 2000 and his instructions were that the road needed to be maintained for turnouts so vehicles could get off the road. He said there is a power line which runs through the property overhead and in order for crews to access the poles the branches need to be pruned off the wires. He said he has also maintained the area around a
couple of propane tanks. He said that mowing keeps the ticks and Poison Ivy under control.
Bill Allen of MA Audubon said the area is home to a small but significant population of Diamondback Terrapin and nesting habitats need to be sunny, sandy areas. He said the fields around the 30 Cartway and 20 Cartway are Eastham’s most significant Diamondback Terrapin nesting areas. He said that 53 of 133 Diamondback Terrapin found in 2008 were found around the Mixter bluffs and the Cartway sound area and fields. He said that almost half of the nesting is around that area and if it was allowed to be overrun by Oak and Cherry that would shade the current nesting areas as the Terrapin don’t nest in shady areas. He said they would most likely move to the road area and would be run over. He said it is also a Box Turtle nesting habitat. He said that he would like mowing between October and April 15th so as not to endanger the turtles and terrapin.
Mr. Covell said that Mr. Allen does a great job of marking the nests and he does a decent job of working around the nest. He said that as long as Mr. Allen has been marking them he hasn’t disturbed one nest.
Elizabeth Scheibe spoke saying that this application is very important to “The Nubbin” as they are the fourth generation there and that their interests are those of the Conservation Commission.
Deputy Usowski said that she wanted to make sure that the banks are mowed once a year and asked if the lawns are maintained throughout the rest of the year.
Mr. Covell said the lawns are maintained on a bi-monthly basis. He said they are not irrigated or fertilized. He said the open areas beside the road were done once a year and the work is done by the end of march or the beginning of April to keep vegetation to a minimum. He said the work has not been done yet this year and the Cherries and Oaks are six to eight feet.
Mr. Hoerle asked if there were “Slow Turtle” signs available to put up on Massasoit Road and Mr. Allen said he has as many signs as anyone wants.
Ms. Dower said the property is beautiful and a great turtle habitat. She said she feels the applicants have been very careful about vista pruning. She said the property has a long history of pruning in a specific way and they have done a wonderful job in maintaining the vista.
There was some further discussion about each specific property. Chairman Murley said the Commission has approved these kinds of applications in his time with certain criteria. He said this is an example of good stewardship and good intentions with no fertilizer use and no manicured lawn with basically native vegetation. He said it fits in nicely, overlooking beaches and salt marshes. He said this is one of those areas which would be helpful for ground-nesting birds. He said that the Commission has these kinds of after-the-fact applications when something has been done continually, before regulations were in place and they have been grandfathered. He said this is not a new project and the properties have been maintained for many years. He said he would support this application and that vista pruning
might be helping the habitat.
Mr. Collins commented that all three property owners are great stewards of these properties.
Chairman Murley urged that if there is any change in landscapers, ownership, or any major changes in the work to be done, the applicants need to come to the Conservation Commission; and, if there are any deviations from the plan they should call the Natural Resource office.
Chairman Murley closed this hearing and Mr. Hoerle MOVED to issue an Order of Conditions for The Nubbin, c/o Elizabeth Scheibe with Conditions 1-18, 19, 20, 21, 22, 26, 37 mowing times shall be from mid-October til early April only.
Mr. Hoerle said that if it appears that climate changes in any given year during the three-year span of this Order are causing the weather to warm earlier, the applicant should try to get the work done before the turtles start nesting. Mr. Covell said that mowing will be done around November/December to be safe.
SO VOTED UNANIMOUSLY.
Mr. Collins MOVED and Ms. Dower SECONDED the Motion to issue the same Order of Conditions for Yasmina Manning.
SO VOTED UNANIMOUSLY.
Ms. Dower MOVED and Ms. Giovinazzo SECONDED the Motion to issue the same Order of Conditions for Phyllis Mixter.
SO VOTED UNANIMOUSLY.
8:00 P.M. Notice of Intent filed by the Town of Eastham, 190 Samoset Road, Map 15, Parcel 036.
Chairman Murley announced this hearing. David Bennett of Bennett Environmental Associates, Inc. was the Town’s representative. He told the Commissioners that this was a pre-existing fire road which has become overgrown and it needed to be trimmed to provide access to locate a new public water supply. He said this is the ONLY area which can support a public water system. He said the intended re-grading is to allow for a drilling rig to access the area to install a public well and conduct a pump test. He said that a second 48-hour pump test would be done to seek second approval for construction and operation. He said the road will be two times; first for the initial testing and second for the installation and 48-hour pumping.
Deputy Usowski told Mr. Bennett that she understands about the two-phased drilling process but that her only concern with putting in pipes is that the actual location of the pipes is not yet known. Mr. Bennett said the trenching would be within the roadway. Deputy Usowski asked if there would be an alternative to bluestone and Mr. Bennett responded that bluestone is a great material for compaction and the drilling rig has to have a stable base. He said this provides a good, stable base for the rig to get in and out.
There was discussion about whether or not the work will require truck access. Chairman Murley said he doesn’t see the need for a road or hardening. He said that even though it is a relatively steep slope it does seem to be firm and he doesn’t think access would be much of a problem. He said he does agree with cutting the overhanging branches, but he doesn’t see a need for widening. He said the road is hard with no soft spots and he doesn’t remember ever having approved putting in a road for a one-shot well.
Mr. Bennett said that putting a surface on the road is a safety issue. He said the drilling rig is very top heavy and he has seen them flip and spill gasoline. He said the well drilling companies have said they need a stable base to access and since it is a Town project, safety and the potential of a spill are paramount. He said this project will need a “beefy rig” and they don’t know what the weather conditions will be the day the work is done. He told Mr. Hoerle that if the hardening is an issue, it can be removed after the project is completed.
Ms. Williams asked if the new library location has been decided. She said she hesitates to see something this extensive being done to this area when there is some uncertainty as to where the project is going to be. She said she has seen the use of wooden planks laid down for a truck and then removed once a project is completed and asked if something like that could be done.
Mr. Bennett said there is no alternative to a municipal water supply. He said this is a critical part of the plan to move forward. He said that he could do as Ms. Williams suggested but he doesn’t know how that would effect the bidding or the safety of the job. He said he would rather remove the bluestone after the job is done. He said his concern is getting the rig in and out safely and from what the well drilling companies tell him their equipment will do, they’ve asked for the bluestone. He said they did the same thing at the elementary school.
Ms. Williams responded that the elementary school was a certainty. They new they were going to expand.
Chairman Murley said that he’s had a history with bluestone and has found it the worst of materials. He said it has all the negatives of pavement without benefits and he would asked to have it removed. He said that it looks like the road has been blocked off for some time. He said that bluestone was used at the Audubon. He said it pools water, the dust goes into the water and this was not on steep slopes. He said the stone dust will eventually end up- in the pond. He said the Commission would like to see the well put in, it’s just a matter of getting it done with no long-term impacts.
Mr. Bennett said that when the well is tested the water will be discharged at least 200', pumped up towards the front of the property. He said the trenching would be 4" wide and 40" deep and would be opened and closed in the same day.
There was additional discussion about access and bluestone and Chairman Murley said it’s his strong inclination to have the bluestone taken up when the project is done. He said he has seen drill rigs go over dunes, etc. and he doesn’t see a problem with access. He said the Commission doesn’t want to “punish” the Town but thinks this proposal should be treated just as any homeowner’s proposal should be treated. Mr.
Hoerle said that the cost of laying down metal or wooden tracks could be comparable to bluestone and actually could be cheaper.
Mr. Bennett said he would be happy to investigate the possibility of using tracks.
Chairman Murley closed this hearing and Ms. Williams MOVED to issue approve this proposal with Order of Conditions 1-18, 19, 20, 21, 22, 24, 27, 29, 34, 37, 38, 39. Ms. Giovinazzo SECONDED the Motion.
SO VOTED UNANIMOUSLY.
8:55 P.M. Request for Determination of Applicability filed by Dana Gould, Cove Road, Map 19, Parcel 041B.
Mr. Gould was present and said that he proposed trimming a 100' stretch on the Cove Road right-of-way, on property owned by Victoria Stoll. Mr. Gould said the association would also like the rock at the end of the road to be moved and reset.
Deputy Usowski said this was not included in the legal ad for the RDA, so the Commission could only look at the trimming proposal at this time. She said pruning and maintaining 1-2' on the wetland side of Cove Road is proposed for safety and visibility. She said the Commission is not concerned about property boundaries and is only concerned about whether or not the pruning of vegetation will harm the wetland.
Mr. Gould said the vegetation has been trimmed for the past fifty years and that is the reason there is no overhang presently. He said he would do the proposed trimming as needed.
Ms. Stoll said she herself had trimmed the area without knowing it was in a Conservation area. She said the “Association” trimmed without notifying her and trimmed much more than needed. She said she doesn’t think it needs to be trimmed as much as Mr. Gould is proposing. She said that whoever has been trimming has been dumping the vegetation into the wetlands and she would like no vegetation placed on the property. She said she is also concerned about how high the trimming will be done and would like the Conservation Commission to specify this. She said she would like there to be as little cutting as possible and for it to be done with some sensitivity.
Deputy Usowski said the Commission can limit how far they want the work to be done. Mr. Gould said they could agree on a foot to which Ms. Stoll responded that she didn’t understand why it has to be a foot. Deputy Usowski showed photos of the area.
Chairman Murley said it would make sense to set a boundary by using a short post or small rocks, something both the association and homeowner can recognize and then there’s no question. He said that since this application is a Request for Determination
of Applicability, once the Conservation Commission signs off on it, other than if there is an infraction, the Commission has no more involvement. If there were any changes, there would need to be a new filing with the Commission. Something gets approved and everyone involved knows what that is and nobody cuts beyond that and nothing gets dumped into the wetland.
Ms. Stoll agreed to one foot except for the Rose bush.
Chairman Murley told Mr. Gould and Ms. Stoll that a phone call to the Natural Resource office, the next time they want to do something would be appropriate and they need to set aside differences and be “good neighbors” since the live in the same neighborhood.
The Chairman closed this hearing and Ms. Williams MOVED for a Negative Determination for Reason 3. Ms. Giovinazzo SECONDED the Motion.
SO VOTED UNANIMOUSLY.
9:25 P.M. Continuation of Hearing on Notice of Intent filed by Candace Bechgaard, 93 Sunset Avenue, Map 19, Parcel 055.
Chairman Murley announced this hearing. Deputy Usowski told the Commissioners that this hearing would need to be continued until 10 November due to an error in the legal advertisement.
Ms. Giovinazzo MOVED and Mr. Hoerle SECONDED the Motion to continue this hearing until 10 November 2008.
SO VOTED UNANIMOUSLY.
9:27 P.M. Discussion with Peter Coneen, builder for Joseph Koonz and Barbara Munday, 220 Crosby Village Road, Map 14, Parcel 208.
Mr. Coneen clarified that he is not the builder; he is the designer for this proposal. He distributed a site plan for the property which was built in l951 with an upper portion added in 1953. He said his clients are proposing to renovate the existing shell and to construct an addition within the 100' Buffer Zone to the pond. He said the would be submitting a landscape plan with their filing and part of the plan would include the removal of the English Ivy, most of which is outside the Buffer Zone. He said he was looking for feedback from the Commission.
Chairman Murley asked if there would be extensive renovation of the existing house and Mr. Coneen said the house is typical of a house built in the 1950s and the renovations are pretty much cosmetic. He said the shell will remain.
Chairman Murley said the Commission has dealt with these types of proposals in the past and have had applicants decide to tear down the existing structures and start over. He said the Commission is very hesitant to allow new construction within 100' of a wetland and the first 50' is downright sacred. He asked if the addition could be moved outside the 50'. He said that the Commission likes to see a 2-1 or 3-1 ratio of mitigation. He said that does not mean losing the beach but maybe letting the edges grow back.
There was discussion about the possibility of a deck extension 4' out from the back of the building with no roof. Ms. Williams asked how recently the septic system was replaced and Mr. Coneen said it was done a month ago when the property was transferred. He said it’s possible that there has been some settlement of the ground due to all the rain.
Mr. Murley said there are half a dozen species of Damsel Flies in the area.
9:50 P.M. Request for Certificate of Compliance, MA Dept. of Environmental Management Region One DEP SE 19-997, Cape Cod Rail Trail in the Town of Eastham.
Deputy Usowski the new culverts have been installed but it doesn’t look as though the trail has been widened.
Mr. Collins MOVED and Mr. Hoerle SECONDED the Motion to issue a Certificate of Compliance for DEP SE 19-997.
SO VOTED UNANIMOUSLY.
There was no additional business and Ms. Giovinazzo MOVED to adjourn at 9:53 P.M. Ms. Dower SECONDED the Motion.
SO VOTED UNANIMOUSLY.
Minutes taken by Nicki Burns,
Transcribed and respectfully submitted by,
Kay Stewart-Greeley
cc: Town Administrator
Town Clerk
Board of Selectmen
Building & Health
Planning Board
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