Eastham Conservation Commission
25 November 2008
MINUTES
PRESENT: Commissioners Dennis Murley, Glenn Collins, Judith Williams, David Hoerle, Steve Smith, Leah Dower.
STAFF PRESENT: Deputy Natural Resources Officer Amy Usowski, Nicki Burns, Clerk.
ALSO PRESENT: George Reilly of Land Design Associates, Joe Vigliotte, Chris & Jim Athorn, Doris Harrahy, Attorney William F. Riley, Russell Perry, Peter Markunas of Woods Hole Group, Bob Field, Attorney Jack McCormick, Jason Ellis of J.C. Ellis Design, Russ Perry.
Chairman Murley opened the meeting at 7:02 P.M.
The Commissioners reviewed the Minutes of 10 November 2008. Ms. Williams MOVED and Mr. Collins SECONDED the Motion to approve the Minutes of
10 November 2008.
The vote was 3 in Favor with Mr. Hoerle, Mr. Smith, and Ms. Dower abstained as they were not at the last meeting.
MOTION FAILED.
7:05 P.M. Administrative Review, National Grid, Salt Marsh Way,
Maps 20 & 17.
Deputy Usowski presented this AR for the installation of a gas main to the Commissioners. She said it would be mildly invasive but the impact should be minimal.
Chairman Murley commented that when the gas company trenched most of Herringbrook Road there was never a problem.
Mr. Hoerle MOVED and Mr. Smith SECONDED the Motion to ratify this Administrative Review.
SO VOTED UNANIMOUSLY.
7:08 P.M. Administrative Review, Robert & Linda McKinley, 20 West Road, Map 04, Parcel 482.
Deputy Usowski presented this Administrative Review to re-grade an existing pervious driveway and construction of a retaining wall.
After brief discussion Mr. Smith MOVED and Mr. Hoerle SECONDED the Motion to ratify this Administrative Review.
SO VOTED UNANIMOUSLY.
7:15 P.M. Notice of Intent filed by Kenneth Mitchell, 365 Shurtleff Road,
Map 07, Parcel 164.
Chairman Murley announced this hearing.
George Reilly was present for the applicant, along with Joe Vigliotte, the Contractor, and presented the proposal to the Commission. This is an existing single-story house on the Top of a Coastal Bank which the owner would like to remove and build a new house. The proposal is for construction of a two-story house which will extend into the Buffer Zone. There will be no construction closer than 75' to the Top of the Bank and the disturbance in the Buffer Zone will be minimized. The plan shows a 15' Work Limit and Mr. Reilly said it could be reduced to 10'. He said there will be minimal removal of vegetation, one Oak.
Deputy Usowski said the bank is gradually sloped and very well vegetated.
Mr. Vigliotte said that they will be using a forklift to get the beams onto the house, mainly where the deck is and there won’t be any impact beyond that point.
Mr. Reilly said that there is a 1,100sf. increase into the Buffer Zone.
Mr. Hoerle said he would like to see some revisions with planting and Mr. Reilly said he would be happy to do that. Chairman Murley said that within the 100' there should be native plants and that matching what is existing might be the best idea.
An abutter, Liz Simmons, asked if there will be a basement as this is the oldest house on Shurtleff Road and it doesn’t have one. Mr. Vigliotte said that there is a proposed basement which will be 5' deep and the deck will be 3' off the ground. The abutter asked if the garage was going to be on the same level?
Mr. Reilly said there would be no change in grade on the lot and there would not be any fill taken out to make a walkout basement.
Mr. Smith said that the biggest concern is the spread of debris.
Deputy Usowski pointed out that on the south side of the house the Work Limit extends to the 75' line and in should be connected to the 100' line for accuracy. Mr. Reilly said he would do that and change the Work Limits and move them up closer.
Mr. Collins inquired whether anything was being done to the septic and Mr. Reilly said no septic changes are required as the system was approved for flow and the flow will not be changing. He told Mr. Collins the system was approved by the Board of Health.
Mr. Collins asked if there was a real need to maximize the house size and if there was any latitude with changing the shape or making it smaller. Mr. Reilly responded that minimizing the deck would be reasonable, but the house size is within the Eastham codes and they are not building a mansion. He said he tried to limit the applicants in the design phase and still get everything they wanted. He said they will be more than happy to do any planting.
Chairman Murley asked what the square footage would be between the 75' line and the 100' line and Mr. Reilly said it would be 600-700 square feet.
Chairman Murley asked if a Limit of Work 10' from the house on the South side would be sufficient and the Mr. Vigliotte said that would be fine.
Chairman Murley said that would become an area where no walkways can be installed, almost like a “No Mow” Zone. He said if the Limit of Work is kept at 75' and everything is pulled back within that 75' line the walkways are gone. Ms. Williams said the stones will be gone and the area will be natural.
Mr. Smith suggested getting rid of the garage, keeping the Limit of Work very tight and planting nothing from the 100' line on the South side.
Chairman Murley said a new plan would pretty much be necessary. He said that in his opinion this proposal is overly designed. Mr. Smith said that with the new plan the applicant should think through the outdoor showers and all that kind of thing and make sure the plan they present the next time is the what the Commission sees when they go to the site.
Mr. Reilly said he would move the deck and all construction inside the 75' line and eliminate all landscaping from the South side and replace it with native vegetation.
He said he would pull the Limit of Work into 10' on the South side, eliminate all
non-native vegetation within the 100', and develop a Construction Protocol to show the order of events and how they will be carried out.
Chairman Murley expressed concern that the demolition be done in a timely manner. He told Mr. Reilly to develop a new planting plan saying that all disturbed areas will be replanted.
Mr. Reilly requested a continuance and Ms. Dower MOVED the same. Mr. Hoerle SECONDED the Motion.
SO VOTED UNANIMOUSLY.
8:06 P.M. Continuation of Hearing on Notice of Intent filed by Frank & Janet Bianco, 290 Salt Works Road, Map 04, Parcel 005A.
Chairman Murley announced this hearing. Jason Ellis of J.C. Ellis Design and was present for the applicants along with Russ Perry, the builder. Mr. Ellis presented a revised plan. He said he changed the driveway orientation from the South side to the East side of the street. He said the footprint of the proposed house is much narrower than the existing house and pushed closer to the street. He said that North of the existing house to the Northwest is the most volatile portion of the house, so they are trying to stabilize that better. He said this proposal has been approved by the Board of Health.
Deputy Usowski said there had been discussion about keeping the proposed dwelling outside of the 75' Buffer Zone.
Discussion followed about whether this is a dune. Deputy Usowski said she walked the site and there is a minor slope which may be characterized as a dune. Chairman Murley said it looks like all dune deposits and whether this a dune or a Coastal Bank should be determined.
Mr. Ellis said the Bianco’s would hire a Coastal Geologist to determine if this is a Dune. He said dune deposits and an actual dune are two different things and it may not be functioning as a dune today. He said the area was a salt works 100 years ago and this could be a wind-blown area with similar characteristics of a dune.
Discussion followed about the necessity of a garage and Mr. Perry said that the applicants really want a two-car garage as they leave cars on the property for the Winter.
Attorney Bill Riley, speaking for Steve Weitzer, a neighbor, said he is concerned about doubling the footprint and that he thinks the proposal reflects a lack of concern about the issues addressed in the Conservation Bylaw. He encouraged the applicants to keep the footprint closer to the existing location.
Mr. Ellis requested a continuance. Ms. Williams MOVED and Mr. Hoerle SECONDED the Motion to continue this hearing.
SO VOTED UNANIMOUSLY.
8:33 P.M. Continuation of Hearing on Notice of Intent filed by Victor Arruda & Anne Marie C. Beaudoin, 51 Longstreet Lane & Town of Eastham’s half of Liberty Ave. at Crest Ave., Map 10,
Parcel 344.
Peter Markunas of Woods Hole Group and Attorney Jack McCormick were present for the Applicants. Attorney McCormick said that the Commission had asked that the revised plan shown the actual pathway to the beach access and the stairway to the beach access area. He said Mr. Markunas added a box on the plan with small type which addresses what plan changes have been made, showing the annual sand placement, revetment, 6' pathway and what is proposed to be done with the stairs.
Mr. Markunas said he identified the proposed pathway but did not show where it was going to diverge and go to the proposed stairs. He said the plan shows a
6-'wide walkway and public access. He said there will be additional sand contribution done at the northerly end of the rock revetment. The Buffer Zones are shown on the new plan.
He said that Section A-A of the plan shows the exiting revetment and they are just going for deeper sediment. He said they are proposing beach grass for the landscaping plan as it is a relatively steep slope and they don’t want to plant
top-heavy bushes.
Deputy Usowski said that if the proposed revetment is below Mean High Water, they will need a Chapter 91 License as well.
Discussion followed about beach elevation and the Mean High Water line. Deputy Usowski said that if the proposed return was not constructed the erosion to the North would not be as great, but a return will increase the erosion rate up the beach and the Conservation Commission is trying to prevent this. She said they will be looking for and outside consultant with the applicants’ approval.
Mr. Markunas said the only solution would be to put something like a bulkhead, something like rock in front of it to protect from scour the bulkhead would cause. He said the perception is that it would push erosion down the beach, but the erosion is already happening. He said they have considered putting a sand-drift fence at the end of the revetment; however, it would take up space which people say is beach area.
Chairman Murley said that nourishment needs to be balanced between property owners protecting their property and the public’s use of beaches.
There was discussion about nourishment amount and placement and the possibility of moving the house back from the bank. Attorney McCormick said
there is another house behind it and they are limited.
Ultimately, Mr. Markunas suggested bringing in an outside consultant and recommended that it not be the low bidder, but a qualified bidder.
Deputy Usowski itemized the scope of work for the outside consultant to be:
1. Review Notice of Intent;
2. Apply Performance Standards;
3. Provide an opinion;
4. Provide alternative scenarios;
5. Provide a written analysis; and
6. Present findings at future hearing.
She said that everything relative to this proposal is being brought to Town Hall.
Mr. Markunas requested a continuance of the hearing. Ms. Williams MOVED and Mr. Hoerle SECONDED the Motion.
SO VOTED UNANIMOUSLY.
9:32 P.M. Request for Certificate of Compliance, Skoler, DEP SE 19-1158, 475 Samoset Road, Map 14, Parcel 120.
Jason Ellis of J.C. Ellis Design was present to speak for the Skolers who were the owners of this property when the Order of Conditions was issued. The Skolers have since sold the property; but, they are requesting a Certificate of Compliance for the work covered under this Order. Mr. Ellis suggested submitting an “as built” plan to the Commission.
Deputy Usowski said work was done outside the approved Limit of Work and there is no record of this work having been approved by the previous Conservation Assistant. She said there are retaining walls and a patio that were not approved.
Mr. Ellis said that DEP doesn’t have much input on this work as it is all Buffer Zone and it is a matter of what is acceptable to the Conservation Commission.
Mr. Collins suggested issuing a Certificate of Compliance, moving forward and learning from this experience. Ms. Williams suggested that a letter be sent to the new owners reminding them not to fertilize the area and that it be maintained as a “Cape Cod” lawn.
Chairman Murley suggested voting on the issuance of the Certificate of Compliance contingent upon the submission of an “As Built” plan from Mr. Ellis.
Mr. Collins MOVED and Mr. Hoerle SECONDED the Motion to issue a Certificate of Compliance for DEP SE 19-1158 upon receipt of an a”As Built” plan and that a letter be sent enforcing the Buffer Zone.
SO VOTED UNANIMOUSLY.
Commissioner Williams left the room for the next hearing.
9:43 P.M. Administrative Review, Marcia Sexton, 295/305 Corliss Way,
Map 21, Parcel 043B.
Deputy Usowski presented this AR to the Commissioners. She told the Commissioners that the Applicant would like to remove invasive species by hand within 50'-100' of a Salt Marsh. Some removal was already done prior to Conservation Commission approval. She said the area, which is primarily covered by Bittersweet, Honeysuckle, and Poison Ivy, would be replanted with native species.
Chairman Murley said that traditionally, the Commission has allowed a section to be completed then checked by the Commission. He suggested holding off on ratifying the Administrative Review as the Commission didn’t see what was there before. He said he feels the Commission should review the site, establish a dialogue, come up with a “No Mow” Zone on the plot plan, and then, upon agreement, proceed with the Administrative Review.
Mr. Hoerle commented that there are advantages to invasives if they are controlled; and, rather than clean sweeping the area, using a more moderate approach.
Ms. Dower voiced agreement with Chairman Murley and stressed consistency. She said she feels that a Notice of Intent may be appropriate since the Applicant already did work without Conservation Commission approval.
Ms. Williams returned to the meeting room.
9:56 P.M. Open Space Plan Endorsement.
Deputy Usowski explained that the Open Space Plan has been revised and Conservation Commission endorsement is needed before submittal to the State. Mr. Collins said that follow through is necessary and the plan needs to be updated to set up funding.
It was MOVED and SECONDED and VOTED UNANIMOUSLY to endorse the Open Space Plan.
9:59 P.M. Letter from Tom Lapham, DEP SE 19-1223, 435 Shurtleff Road, Map 07, Parcel 142A.
The Commissioners discussed a letter from Mr. Lapham, in which he questions the nourishment calculations for his property.
Chairman Murley said he will call Mr. Lapham. He said that this site gets additional sand from the Town nourishment of Campground Beach. He acknowledged that there is a problem with the people “spilling” onto Mr. Lapham’s property and he’s not sure how to handle that. He said that if Mr. Lapham stops nourishing and the Order of Conditions expires he would be required to file a new Notice of Intent if, in the future, his property is damaged from a big storm.
10:07 P.M. Commissioner Dower told the Commissioners that she will be resigning from the Conservation Commission in late February.
There was no additional business and Mr. Collins MOVED to adjourn at 10:11 P.M. Ms. Dower SECONDED the Motion.
SO VOTED UNANIMOUSLY.
Minutes taken by Nicki Burns,
Transcribed and respectfully submitted by,
Kay Stewart-Greeley
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