EASTHAM CONSERVATION COMMISSION
09 December 2008
MINUTES
PRESENT: Steve Smith, Glenn Collins, David Hoerle, Dennis Murley, Judith Williams, Lorraine Giovinazzo.
STAFF PRESENT: Deputy Natural Resource Officer Amy Usowski, Nicki Burns, Clerk.
ALSO PRESENT: Katelyn Siddell of East Cape Engineering, Inc., Ashley Look, Crystal Morris, and Amy Voss of Americorps Cape Cod, Peter Coneen, Bob Chiarello, Mary Fontenarosa, Debi Crosby, Caroline Snowdon, Roy Davis, Stephanie Sequin of Ryder & Wilcox, Inc.
Chairman Murley opened the meeting at 7:00 P.M.
7:02 P.M. Americorps Cape Cod Presentation.
Ashley Look, Crystal Morris, and Amy Voss, told the Commission about Americorps and offered their services to help the Town of Eastham manage it’s Natural Resources.
7:06 P.M. Approval of Minutes.
Ms. Giovinazzo MOVED and Mr. Collins SECONDED the Motion to approve the Minutes of 10 November 2008 as presented.
THE VOTE WAS 5 IN FAVOR WITH ONE ABSTENTION.
MOTION CARRIED.
Mr. Collins MOVED to approve the Minutes of 25 November 2008 with a few corrections and Mr. Hoerle SECONDED the Motion.
SO VOTED UNANIMOUSLY.
7:12 P.M. Administrative Review, Town of Eastham, Salt Pond.
Deputy Usowski presented this AR to the Commission. The Natural Resources Department would like to be able to put shell on the road around Salt Pond to provide traction for Town vehicles and to prune branches of trees to access the river with more ease.
Mr. Hoerle MOVED and Ms. Williams SECONDED the Motion to ratify this AR.
SO VOTED UNANIMOUSLY.
7:15 P.M. Notice of Intent filed by Susan Scribner, 290 Windjammer Lane,
Map 19, Parcel 080 and Request for Certificate of Compliance for
DEP SE-792.
Katelyn Siddell of East Cape Engineering was present for the applicant. DEP 19-792 was issued for an addition and a deck in 1997. An additional deck was constructed and a pool was installed at the same time. Also, a walkway from the deck to the garage and a fenced area for pool equipment was installed, approximately 65' from the wetland. The Applicant is filing an after-the-fact Notice of Intent for these items.
Mr. Smith said that in order to install the pool, the Applicant went past the approved Limit of Work.
Ms. Siddell said she was not sure where the mis-communication happened. She said the design isn’t impacting the function of the resource any more than what was approved.
Ms. Giovinazzo asked if there was excess water from the pool drainage and Ms. Siddell responded that she wasn’t sure and that the Commission could condition that.
Mr. Collins said that the Commission would never have allowed pool equipment so close to the A.C.E.C. and would never have approved a pool or the chain-link fence.
Ms. Williams said that pool just appeared that close to the A.C.E.C. and other applicants have been asked to hold the line and not have garages etc. She said it doesn’t make sense to approve the pool.
Mr. Hoerle said that the fence would have to be raised from the ground in order to be approved.
Chairman Murley said the fence should be raised 6-12" for passage of wildlife, there should be a 2:1 ratio of native plantings to disturbance and a protocol for emptying the pool.
Deputy Usowski asked if the property line is exactly where the fence is located and Ms. Siddell said it was, approximately.
Mr. Hoerle said that any water from the pool should be drained outside the resource.
Ms. Siddell asked the Commission if what they wanted was for more vegetation, to allow the lawn to naturalize, and a plan to pump the water outside of the Buffer Zone. She said it was in the best interest of the Applicant to come back with a mitigation plan and then revisit the project.
Mr. Smith said that typically, the Commission likes to see nothing within the first 50' of the Buffer.
Ms. Siddell requested a continuance of the hearing on the Notice of Intent until 27 January 2009.
Mr. Collins MOVED and Mr. Hoerle SECONDED the Motion to continue the hearing on the pool until 27 January 2008.
SO VOTED UNANIMOUSLY.
7:36 P.M. Notice of Intent filed by Joseph H. Koonz, Jr. & Barbara L. Munday, 220 Crosby Village Road, Map 14, Parcel 208.
Chairman Murley announced this hearing.
Peter Coneen was present for the Applicants. He had previously presented a plan to the Commission which showed some of the project within the 50' Buffer Zone and A.C.E.C.. The proposed addition is now completely outside the 50' Buffer Zone, with a minor connection to the existing deck. The shell of the building will remain. The Limit of Work is 4' off the back of the building. He said the disturbed areas will be enhanced with native vegetation.
Deputy Usowski commented that all the work is outside the A.C.E.C. and outside the 50' Buffer with a more enhanced Buffer Zone.
Mr. Coneen said that there are three piles that will have to go the full depth of the existing foundation. He said that material will be trucked out as excavated. He said the area is reasonably flat and he doesn’t see any issues with erosion control. He is proposing to offset the removal of a tree by planting a Magnolia. He said he will be happy to leave the Vinca as is and put native plants in with it.
Ms. Williams inquired about the purpose for the bluestone slabs and Mr. Coneen said they would control foot traffic off of the kitchen to control erosion. He said the septic is already
installed and that work is complete. He said a container for debris will be kept onsite and there is no lead paint.
There were no further comments or questions and Chairman Murley closed this hearing. Mr. Collins MOVED and Mr. Hoerle SECONDED the Motion to approve with Order of Conditions 1-18, 19, 20, 21, 22, 23, 26, 27, 33, 35, 37.
Chairman Murley said the “No Mow” zone should be delineated by rocks or a split-rail fence.
SO VOTED UNANIMOUSLY.
7:56 P.M. Notice of Intent filed by J. Robert & Marlow A. Nordlander, 400 Mary Chase Road, Map 18, Parcel 068.
Chairman Murley announced this hearing.
Stephanie Sequin of Ryder & Wilcox, Inc. was present for the Applicants and presented the proposal for the installation of a leach system to serve an existing single-family dwelling. She said they were able to design a new Title 5 leaching system, piping from the existing tank into the new leaching system. She said the Limit of Work is around the leaching pits.
Deputy Usowski said this proposal is not subject to the Natural Heritage & Endangered Species Program and a silt fence is more than adequate.
Chairman Murley commented that he felt the proposed work limit is huge and asked about something to protect the trees. Ms. Sequin said no trees will be taken out. Chairman Murley suggested a sliding work limit and Ms. Sequin said they would need room to the West of the leaching system, but the work limit on the east is undisturbed and it could be pulled in 5-10'. Chairman Murley said to tighten the Limit of Work and leave just enough room to pump out the leaching pit.
Ms. Sequin said that some trees will need to come out where the leaching system is going but they can work around the trees for access. She said that the well on the abutting property has been installed and tested.
There were no further questions and Ms. Williams MOVED to approve with Order of Conditions 1-18, 19, 20, 21, 22, 26, 28, 29. Mr. Smith SECONDED the Motion.
SO VOTED UNANIMOUSLY.
Ms. Sequin said there is a real estate closing on this property at the end of the year and asked if the Order of Conditions could be issued ASAP, so the appeal period could start. Deputy Usowski said that an Order cannot be issued until a file number is received from DEP. She said that once the Order is issued the project can begin during the appeal period but it is at the Applicants’ risk.
8:11 P.M. Notice of Intent filed by Peter & Joyce Weinman, 40 Rogers Lane,
Map 21, Parcel 071.
Stephanie Sequin was the Applicants’ representative for this hearing as well. She told the Commission that there is an existing two-family with seven bedrooms which the Applicants would like to convert to a single-family house with three bedrooms. She said it will be raised approximately 2'9" to put in a new foundation. She said the new foundation will match the elevation of the retaining wall.
Ms. Sequin went on to say that the steps from the parking area to the house will be eliminated, they will gut the interior, replace the doors, windows, and siding, and construct a dormer. She said the ridge height will not be raised and will match the existing ridge. She said the existing deck will be removed and re-constructed with a new configuration 18' from the marsh as opposed to the existing deck which is 14' from the marsh. She said the tight tank will be replaced with a Title 5 system with innovative alternative treatment. She said this has approval from DEP and the Board of Health. She said the existing driveway is pervious and it will remain pervious, and the Limit of Work is tight around the structure. She said that all excavated material will be removed immediately and there will be no
stockpiling. She said a dumpster for demolition material can be conditioned and that the roof runoff will be contained.
Ms. Usowski suggested that the Applicants do more to create a buffer strip as the grass goes almost all the way down to the marsh and the deck extends out quite far.
Ms. Williams asked if there would be a difference in square footage and Ms. Sequin said there would be no difference and the advantage is there will be fewer people on the property. There is currently a tight tank and the applicants are proposing installation of a new system that would remove more nitrogen from the wastewater. She said the tight tank will be removed and the new leaching system will be put in it’s place which is less than 100' from the Salt marsh.
Mr. Hoerle said he would like to know the percentage of nitrogen reduction. Deputy Usowski asked what type of system it would be. Ms. Sequin said it will probably be a Microfast system.
Ms. Williams asked that they explore the proximity to the edge of the wetland with the possibility of moving the building back and reducing the size of the deck. Chairman Murley said that by reducing the deck on the water side will pull it back.
Mr. Smith asked if the septic would be raised and Ms. Sequin said that it would not be raised, it would be at existing grade.
Mr. Smith asked if the Applicants would consider a crawl space instead of a full basement as it is taking a huge percentage of the lot. Peter McDonald, the architect, asked if a full basement could be done inside the limit of work and Mr. Smith said the Limit of Work has to be within 3' of the building.
Deputy Usowski said the proposed deck was shown on the plan but was not mentioned in the Notice of Intent application so, technically, the Commission could not vote on the deck.
Mr. Smith suggested a phased Limit of Work, one for demolishing the deck and then tightening it up around the foundation. Mr. Smith said that if the deck work is done by hand it will keep the excavator farther away from the wetland.
Ms. Williams asked to see what kind of landscaping would be planned. Chairman Murley said the decks should be downsized/re-arranged and native landscaping should be in the Buffer Zone.
Ms. Sequin requested a continuance until 27 January 2009. Mr. Hoerle MOVED and Mr. Smith SECONDED the Motion to continue this hearing until 27 January 2009.
SO VOTED UNANIMOUSLY.
The deck will be added to the legal ad. Ms. Sequin will fax a new page for the Notice of Intent.
8:50 P.M. Administrative Review, Roy Davis, 10 Brenda Lane, Map 18,
Parcel 283F.
Mr. Davis was present and told the Commission of his proposal to build a shed on the property where his condo is as he needs room for storage of materials. He said he will be building it himself and he will build it securely.
Deputy Usowskii said he will be storing wood and that is the reason for the 14'x20' size. She said her main concern is that the shed be stable and not impact the bank. She said since Mr. Davis has a condo he can’t locate the shed on the other side which would be more stable.
Mr. Davis said access will not be needed from the wetland side and will only be on the driveway side. Deputy Usowski said this is not in a priority habitat and the slope is well vegetated.
Mr. Collins MOVED to ratify this Administrative Review and Mr. Smith SECONDED the Motion.
SO VOTED UNANIMOUSLY.
9:00 P.M. Request for Certificate of Compliance, Scribner, DEP SE 19-792, 290 Windjammer Lane, Map 19, Parcel 080.
Katelyn Siddell of East Cape Engineering, Inc. presented this request for the outstanding Order of Conditions from 1997 which has expired. The Applicant is going forward with a Notice of Intent for the pool structure which was installed without approval and for the addition of an 8'x32' deck.
If the Applicant doesn’t follow through with filing the Notice of Intent an Enforcement Order will be issued and fines levied.
Mr. Hoerle MOVED and Ms. Giovinazzo SECONDED the Motion to issue a Certificate of Compliance for the work which was adequately finished under DEP SE19-792.
SO VOTED UNANIMOUSLY.
Deputy Usowski told the Commissioners about brush cutting at 1625 State Highway. She said she was told that both lots are buildable, but she said the second lot is questionable. She said they clear cut the lot and they will be filing to re-vegetate.
Mr. Collins asked how the owner would be made to follow through if the lot sells.
Deputy Usowski said it is very difficult for a sale to go through with an open Order of Conditions but it does happen. She said they have a month to file. She said they have been advised to let it grow back and supplement it with native plants.
She reminded the Commissioners that the next meeting is on 18 December.
There was no further business and Mr. Hoerle MOVED to adjourn at approximately
9:13 P.M. Mr. Smith SECONDED the Motion
SO VOTED UNANIMOUSLY.
Minutes taken by Nicki Burns,
Transcribed and respectfully submitted.
Kay Stewart-Greeley,
Clerk
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