Eastham Conservation Commission
10 November 2008
MINUTES
PRESENT: Commissioners Dennis Murley, Lorraine Giovinazzo, Glenn Collins, Judith Williams.
STAFF PRESENT: Deputy Natural Resources Officer Amy Usowski, Nicki Burns, Clerk.
ALSO PRESENT: Carl & Candy Bechgaard, Bob Sheldon, David Lyttle of Ryder & Wilcox, Inc., Laura Schofield of Schofield Bros. of Cape Cod, Katelyn Siddell of East Cape Engineering, Inc., Dean Schofield, Lydia Harris, Susan Harris, J.C. Ellis of J.C. Ellis Design.
7:05 P.M. Chairman Murley opened the meeting at 7:05 P.M.
7:06 P.M. Approval of Minutes of 28 October 2008.
The Commissioners reviewed the Minutes. Mr. Collins MOVED and Ms. Giovinazzo SECONDED the Motion to approve the Minutes of 28 October 2008.
SO VOTED UNANIMOUSLY.
7:08 P.M. Administrative Review, Dana Gould, 75 Cove Road, Map 18, Parcel 050A.
Deputy Usowski explained to the Commissioners that the neighborhood association would like the rock at the end of Cove Road by Nauset Marsh to be re-positioned by lowering it into the ground a bit.
Mr. Collins MOVED and Ms. Giovinazzo SECONDED the Motion to ratify this Administrative Review.
SO VOTED UNANIMOUSLY
7:11 p.m. Administrative Review, Charles Sardonini, 70 Log Cabin Road, Map 21, Parcel 006J.
Deputy Usowski told the Commissioners that Mr. Sardonini was proposing installation of a new well 10' from the wetland in the proximity of the existing well and that he had taken her suggestion of going down the driveway and not through the wetland. She said that one tree which is about 100' from the wetland would have to be removed. The rest of the area is lawn.
Mr. Collins MOVED and Ms. Williams SECONDED the Motion to ratify this Administrative Review.
SO VOTED UNANIMOUSLY.
7:15 P.M. Notice of Intent filed by Estate of Adelaide Dietrich, 175 Whelpley Road, Map 02, Parcel 074.
Chairman Murley announced this hearing. Laura Schofield of Schofield Bros. of Cape Cod was the applicant’s representative. She told the Commissioners that the property is being sold so the septic is being upgraded. She said that the existing system is still working; but, in Eastham, you need to produce an original plan in order to sell property.
Ms. Schofield said that the proposed system will be in approximately the same location as the existing system. She said the new system is designed to be a little bit closer to the house and a bit of clearing will be needed to accommodate this. She said the proposed system will have a 2,000 tank using a biofilter and an impervious barrier will be installed. She said an erosion control barrier will be installed prior to installation.
Deputy Usowski urged Ms. Schofield to make sure the access will be via the driveway. She said the area of the proposed system is currently cleared of vegetation and some bushes would need to be cleared to get to the site but they were able to keep the new system on top of the bank.
Discussion followed about placing a “No Mow” Zone Condition in this Order and it was agreed that any additional cutting, pruning, or mowing would need Conservation Commission approval.
Mr. Collins MOVED and Mr. Murley SECONDED the Motion to approve this proposal with Order of Conditions 1-18, 19, 20, 21, 22, 28, 29, 37 that any additional cutting, pruning, or mowing will need Conservation Commission approval.
SO VOTED UNANIMOUSLY.
7:34 P.M. Request for Determination of Applicability filed by Daniel Elliot, 100 Ellis Road, Map 22, Parcel 013.
Chairman Murley announced this hearing. Katelyn Siddell of East Cape Engineering, Inc. was present for the applicant. She told the Commissioners that the proposal is for a new Title 5 system located within the Buffer Zone. She said that this area is currently lawn. She said the existing tank, Dbox, leach pits, stone and all contaminated soil will be removed and replaced with clean sand.
The majority of the work is 76' from the Top of the Coastal Bank. She said the lot is flat so the possibility of erosion and runoff is unlikely. She said that the filing overlooked the proposal to put a pervious drive over the existing leach system and they will handle it under an Administrative Review.
Deputy Usowski that the Board of Health has approved this proposal with no increase in flow. She said that a few small trees at the 100' line would have to be removed and other than that the area is lawn. She said the lawn looks to be a little bit excessively manicured but it has nothing to do with this proposal.
Ms. Williams inquired about the garage and Ms. Siddell told her it was part of this property as it is two deeded lots. Ms. Williams said the stuff behind the garage is the worst mess she has ever seen on the Town Cove; motors, abandoned boats etc.
Ms. Siddell acknowledged that there is some debris in that location which is owned by the applicant, but that the Title 5 proposal is on the southern lot. Deputy Usowski said a phone call can be made to the owner to address the issue.
There was discussion conditioning this Determination to require more native plants to act as a buffer strip, rather than trimmed lawn all the way to the Top of the Bank. Chairman Murley said conditions can be placed on a Determination but this practice is discouraged.
Chairman Murley said that normally he looks at a septic upgrade in such close proximity to Town Cove as a plus. He said a 10' Buffer Zone at the Tope of the Coastal Bank would be nice but a septic upgrade supercedes anything else.
Deputy Usowski asked the Commission about the pervious drive over the leaching area and Chairman Murley said it is not much of a change from lawn to gravel or shell.
Chairman Murley closed this hearing and Mr. Collins MOVED a Negative Determination for Reason 3. Ms. Williams SECONDED the Motion.
SO VOTED UNANIMOUSLY.
Deputy Usowski presented the Administrative Review for the driveway over the leaching area where there is now lawn.
Mr. Collins MOVED and Ms. Giovinazzo SECONDED the Motion to ratify this Administrative Review.
7:51 P.M. Request for Amended Order of Conditions, Kimler, Dep SE 19-1207, 27 Bayberry Lane, Map 13, Parcel 155.
Ms. Siddell of East Cape Engineering, Inc. was present for the applicant. She told the Commission they had requested an Extension Permit for this Order of Conditions and when they went to the site they found changes which didn’t match what was on the approved site plan. She said that the retaining walls, walkways, and a portion of the decks is different than on the approved plan.
Deputy Usowski said there is an outdoor shower on the south side and the deck in back is smaller. Ms. Siddell said this was never a “do it now and get it approved later”. She said it just never made in onto the plan. She said she didn’t feel that the structures on the revised plan would impact the resource. She said the retaining walls were shown on the approved plan but they are different.
Ms. Giovinazzo commented that there is a foot wash with a spigot and a shower head to wash your feet next to the deck facing the water, right next to where the stairs come down. Ms. Siddell responded that they could put that on the plan.
Deputy Usowski told the Commissioners that the plan seems to be more of a balance.
Ms. Williams pointed out that there is a sandy area in the space between where the deck ends. Ms. Siddell responded that the owner has tried to plant this area several times but have been unable to keep anything growing there because of the wind scour. She said that she suggested beach grass and that this will be taken care of.
Chairman Murley closed this hearing and Ms. Williams MOVED to approve an Amended Order of Conditions with the plan of record to be “Site Plan showing existing conditions, 27 Bayberry Lane, Eastham, MA, Prepared For: Bradford & Lisa Kimler” dated September 9, 2008. Ms. Giovinazzo SECONDED the Motion.
SO VOTED UNANIMOUSLY.
Mr. Collins MOVED and Ms. Giovinazzo SECONDED the Motion to grant an Extension Permit for DEP SE 19-1207.
SO VOTED UNANIMOUSLY.
8:02 P.M. Request for Amended Order of Conditions, Strauss, DEP SE 19-1284, 31 Martha Avenue Rear, Map 10, Parcel 202.
Chairman Murley announced this hearing. David Lyttle of Ryder & Wilcox, Inc., was present for the applicant. He told the Commission that hearings with the Zoning Board of Appeals and the Planning Board (Site Plan Review) mandated that the footprint be changed. He said that the whole addition and deck was moved 5' farther away from Pleasant Avenue. This resulted in more of the addition being located over the existing deck area. He said they will be doing a complete vegetation removal and replanting and the biggest intrusion will be the stairway from the deck to the existing stairs that the owners use to get to the beach.
Mr. Lyttle said the proposed deck was removed from the south side, a deck was added to the north side and the stairs off the deck were relocated. He said additional buffer was added on the south side and the buffer on the north side was reduced.
Deputy Usowski said there is give and take here. She said the addition now seems to be a bit larger and the deck is smaller. She said the staircase may limit foot traffic along the top of the bank. She inquired about the box on the north side of the deck and Mr. Lyttle told here it was an existing shower. Deputy Usowski told him to make sure that it is properly drained.
Mr. Lyttle said there is a proposed propane tank located on the north side. He said that currently, the tank is on the eat side and they are just moving it around the corner.
Ms. Williams said she liked the fact that there is no lawn and that they have beach grass. She said they are doing a nice job on the front of the house and that there is no unnecessary clearing. She said she feels they are good stewards of the property.
There were no further comments and Chairman Murley closed this hearing. Ms. Williams MOVED to grant the request for an Amended Order of Conditions with the plan of record being plan entitled “Site Plan - Showing Proposed Additions Prepared for: Jessica Strauss, 31 Martha Ave. Rear, Eastham, MA” Rev.: Sept 17, 2008. Mr. Collins SECONDED the Motion.
SO VOTED UNANIMOUSLY.
8:17 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.
David Lyttle of Ryder & Wilcox, Inc. was the representative and spoke about the NHESP response. He said there was a lot of discussion at the last meeting regarding the surface for the proposed roadway. He said he researched the leaching ability of asphalt versus concrete and the conclusions of his study found that both concrete and asphalt have the same level of leachable materials.
Mr. Ryder said he has been working with Neil Andres the Superintendent of Public Works, and has learned that the only way they could have a gravel road is if the road sloped away from Dyer Prence and unfortunately the property slopes in the other direction. So, he said the roadway design was changed and a low point has been created on the property so the stormwater will stay on the property and not go onto Dyer Prence Road.
He said the leach pits were reduced in size from 6'x6' to 6'x4' and the design was changed so that even after water goes into the pits, there is still 1½’ between the bottom of the basin and high groundwater. He said he is hopeful he has come up with an environmental solution that won’t have an impact on the marsh.
He said he worked with Kristen Black of NHESP and is pleased to say that the area is not considered a Diamondback Terrapin habitat, but it is a viable habitat to Box Turtles. He said they developed a plan which is acceptable to NHESP and they will put a deed restriction on part of Lot 10 so that it will never be developed and a letter will be issued saying that this project is not considered a “take”.
Deputy Usowski said Mr. Lyttle has been working with Neal Andres and Seth Wilkinson to make the road better and what they have done will catch the runoff. She said that was not previously shown on the plan and that it is a big improvement.
There was discussion about the catch basins and road maintenance. Mr. Lyttle said it is a private road so the association will be responsible for road maintenance and the Commission can add a condition assuring that basins be cleaned on a regular basis. He said the association is preparing such documentation.
There were no comments from the floor and Chairman Murley closed this hearing.
Ms. Williams MOVED and Ms. Giovinazzo SECONDED the Motion to issue an Order of Conditions with Conditions 1-18, 19, 20, 21, 22, 38, 39, 40.
SO VOTED UNANIMOUSLY.
8:35 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. Jason Ellis of J.C.Ellis Design was present. Eric Mitchell of his firm had presented this proposal on 23 September. He said they have appeared in front of the Health Department and the proposed new septic system has a nitrogen removal system and is a big improvement from what currently exists. He said the proposal is also for an addition approximately 75' from the marsh.
Deputy Usowski said the proposed upgrade is better than the existing one. She said the proposed addition is approximately 75' from the wetland and the property on the whole seems to be well cared for. She said there is lawn area, but not extensive landscaping close to the edge of the bank. She asked about material storage and where the Limit of Work would be when they construct the addition.
Mr. Ellis said that he took into account the pouring of the foundation. He said they will approach it from both sides so he tried to give them ample room.
Ms. Williams said the Commission likes to see septic upgrades. She said if the Commission could get a bit less lawn coverage closer to the salt marsh they would be happy, but the lawn is not over done at this property. She said she doesn’t have any big problems with the proposal.
Mr. Collins said he had nothing further to add. Ms. Giovinazzo asked about the hot water tank in the garage and Mr. Ellis told her there is a bathroom in the garage but no living space.
Chairman Murley said that when there is development in a Buffer Zone it is the Commission’s practice to establish a “No Mow” Zone with a 2 to 1 ratio. He suggested letting the buffer between the house and the salt marsh be a little wider.
Mr. Ellis said he thinks the owners will be amenable to that. He said that the stockade fence blocks the view so the 10' between the driveway and the stockade fence could be the “No Mow” area. He said he thinks the owners would go for that.
The owner was in the audience and asked if the Commission wanted the area to grow wild and the Commission said that was correct. Chairman Murley said that if the owner wanted to plant the area with natural plants the Conservation Commission has a list.
Ms. Bechgaard said she worries about ticks and Deputy Usowski said a split-rail fence
could be installed to limit activity in the area. Mr. Ellis said there is a 12' contour shown on the site plan and maybe the “No Mow” Zone could be anything below the 12' contour to make it easy.
There were no further comments and Ms. Giovinazzo MOVED to issue an Order of Conditions for this project with Conditions 1-18, 19, 20, 21, 22, 23, 26, 28, 29, 33, 37. Mr. Collins SECONDED the Motion.
SO VOTED UNANIMOUSLY.
Deputy Usowski asked the Commissioners to sign the Gould Determination of Applicability which didn’t get signed at the previous meeting. She also told the
Commissioners that she has issued a citation for cutting down 30-40 trees and shrubs at 125 & 155 McKoy Road. She said the owner has hired Charles Wentz from Ponderosa Landscaping to help him with filing a Notice of Intent for that work.
There was no additional business and Ms. Giovinazzo MOVED to adjourn at 8:55 P.M. Mr. Collins SECONDED the Motion.
SO VOTED UNANIMOUSLY.
Minutes taken by Nicki Burns,
Transcribed and respectfully submitted by,
Kay Stewart-Greeley
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