EASTHAM CONSERVATION COMMISSION
13 January 2009
MINUTES
PRESENT: Steve Smith, Glenn Collins, David Hoerle, Dennis Murley, Judith Williams, Lorraine Giovinazzo, Leah Dower
STAFF PRESENT: Deputy Natural Resource Officer Amy Usowski, Nicki Burns, Clerk.
ALSO PRESENT: Pav Wilkinson of Wilkinson Design and Construction, Mary Jane Gibson, Roland Gibson, David Adao, Stephanie Sequin of Ryder & Wilcox, Inc., Katelyn Siddell of East Cape Engineering, Charles Wentz of Ponderosa Landscaping & Stoneworks.
Chairman Murley opened the meeting at 7:00 P.M.
7:01 P.M. APPROVAL OF MINUTES
The Commission reviewed the Minutes of 18 December 2008 and after a couple of minor corrections Ms. Dower MOVED and Mr. Hoerle SECONDED the Motion to approve.
SO VOTED UNANIMOUSLY.
7:04 P.M. Administrative Review, Bunnell, 450 State Highway, Map 21,
Parcel 080.
Deputy Usowski presented this AR to the Commissioners. She explained that the Applicant was proposing to replace windows and shingles, add a dormer and a closet inside, all within the existing footprint of the existing cottage. She said there will be digging inside the structure; but, there will be no digging outside.
Discussion followed relative to whether this project would be as simple as popping the windows out and putting new ones in, whether there would be any staging on the outside of the cottage, and containment of debris.
Mr. Wilkinson said he understands the potential for debris to fly around the site and that everything will get walked to the dump trailer 150' away in the parking lot. He said he will be staying with the project and will oversee the work.
Ms. Williams asked if there was a landscaping plan for this site. Mr. Wilkinson told the Commission that a landscape plan will be submitted after all the cottages have been renovated. He said that no vegetation will be removed.
Chairman Murley told the builder to use common sense on windy days and police the area at the end of every work day. He said he thinks this proposal can be handled under an Administrative Review and cautioned the builder not to do framing on windy days.
Mr. Wilkinson told the Commission he keeps a very clean work site and will pay especially closes attention at this site.
Mr. Hoerle MOVED and Mr. Smith SECONDED the Motion to ratify this Administrative Review.
SO VOTED UNANIMOUSLY.
7:15 P.M. Notice of Intent filed by Roland Gibson, 40 Smith Heights Way, Map 18, Parcel 054.
Chairman Murley announced this hearing. Mr. Gibson was present and told the Commission that there are some very large trees and a Cedar with smaller Cedars growing out of it’s base. Mr. Gibson said he would like to maintain the vegetation at a 2-3' level and keep the large trees.
Deputy Usowski said the bank is very well vegetated and stable and the Commission is hesitant to allow clearing of the whole bank. Mr. Gibson said he does not want to clear the whole bank and just wants to open up between the Cedars and Maple. Deputy Usowski said the Cedars can be selectively pruned to make it a healthy shrub.
Mr. Gibson said he is not sure about whether he will be selling the property or keeping the property. Chairman Murley said he would prefer to work with Mr. Gibson, micro managing at the beginning of the project, then wait for a year for it to leaf out and then adjust. He said that Norway Maples are invasive but Cedars are a source of food and habitat for animals. He said the Norway Maples could be pruned in the Spring then the proposal could be revisited in the Spring. He said it would be better to hold off for a while, get things fine tuned and defined better.
Mr. Gibson said there is no great rush, but once the weather is nice vegetation gets thicker. Mr. Murley proposed having an on-site meeting and then having Mr. Gibson returning to speak with the Commission.
Mr. Gibson requested a continuance. Mr. Collins MOVED and Mr. Smith SECONDED the Motion to continue this hearing, tentatively until 10 February 2009.
SO VOTED UNANIMOUSLY.
7:32 P.M. Notice of Intent filed by David Adao, 125 & 155 McKoy Road, Map 11 & Map 8, Parcels 359A and 295A.
Chairman Murley announced this hearing. Charles Wentz of Ponderosa Landscaping & Stoneworks was the representative for this hearing. Mr. Adao, the owner, was also present. The proposal is to re-plant the area with native plants where the shrubs were cut down.
Deputy Usowski told the Commission this is an after-the-fact filing. She said a Conservation Restriction was violated and the cutting was done within the 100' Buffer Zone.
Mr. Adao said he returned to the area in July 2008 after being gone for twenty years. He said that when he was younger he had a view for as long as he can remember. He said his houseguest started “cleaning up” with and without him to restore the view. He said the former owner did not want the trees removed, thus the Conservation Restriction. He said there are pine needles on the ground, no grass, and it is in a very natural state.
Deputy Usowski said that Mr. Adao was issued a fine and an Enforcement Order to complete this Notice of Intent.
Mr. Hoerle commented that he would love to see the vegetation allowed to return. Mr. Wentz said they propose planting high-bush and low-bush Blueberries, etc. Chairman Murley asked if this proposal satisfies the Conservation Restriction.
Deputy Usowski said the area should be left to grow back naturally and that she supports the re-planting plan. Chairman Murley said there is no wording in the Conservation Restriction about a view corridor. He said that plants which were growing there want to grow there and that he believes that a view corridor is prohibited under the language of the Conservation Restriction. He said the language of these is quite strict. Chairman Murley went on to say that low-bush Blueberry is more of a ground cover and suggested the addition of a few more Sweet Pepper bushes, Winterberry etc.
Mr. Collins said the deeper issue is that there is a Conservation Restriction on this property and NO cutting was to be done. He said that something needs to be planted to bring the area back to what it previously was.
Mr. Smith said the planting should be done and the Restriction honored. He said it will be a win/win situation and Mr. Adao will have a view for a few years. He said that as long as there is a Conservation Restriction the view will have to be from “peeking”.
Discussion followed about what to plant and in what number. Chairman Murley told Mr. Wentz to take 10-15 minutes to revise the plans and the Commission would come back to it after the next hearing.
8:06 P.M. Request for Determination of Applicability filed by Thomas J. &
Susan B. Nally, 169 Sunset Avenue, Map 19, Parcel 052.
Chairman Murley announced this hearing. Stephanie Sequin of Ryder & Wilcox, Inc. was present for the Applicants and told the Commission about the proposal to install a new septic system to serve the existing single-family dwelling at this property. She said the existing cesspool will be replaced with a Title V system. She said the new leaching system will be outside the 100' Buffer and the new septic tank is proposed within the 100' Buffer in an already disturbed area. She said the existing well will need to be relocated to make room.
The Commissioners briefly discussed the Work Limit and vegetation, after which Chairman Murley closed this hearing. Acting under an RDA, Mr. Hoerle MOVED and Ms. Williams SECONDED the Motion for a Negative Determination for Reason #3.
SO VOTED UNANIMOUSLY.
8:18 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. Deputy Usowski told the Commissioners that the Applicants’ representative requested a continuance.
Mr. Collins MOVED and Mr. Hoerle SECONDED the Motion to continue this hearing.
SO VOTED UNANIMOUSLY.
8:20 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.
Chairman Murley announced this hearing. Deputy Usowski informed the Commissioners that the Applicants’ representative requested a continuance.
Mr. Collins MOVED and Mr. Hoerle SECONDED the Motion to continue this hearing.
SO VOTED UNANIMOUSLY.
8:21 P.M. Request for Certificate of Compliance, Lilore, DEP SE 19-976, 30 Moll’s Pond Road, Map 12, Parcel 285.
This project was for the installation of a well within 100' of a Bordering Vegetated Wetland. The Order of Conditions was issued in 2000 and has since expired.
Deputy Usowski said she that she saw nothing out of compliance. She said that it was vegetated nicely and the area looks natural.
Mr. Collins MOVED and Ms. Williams SECONDED the Motion to issue a Certificate of Compliance for DEP SE 19-976.
SO VOTED UNANIMOUSLY.
8:25 P.M. Request for Certificate of Compliance, Price, EP SE 19-1192, 420 South Sunken Meadow Road, Map 04, Parcel 050.
This Order of Conditions was issued in February 2006. Deputy Usowski said she met with Katelyn Siddell of East Cape Engineering, Inc. on 24 October 2008 to stake out a line for the “No Mow” zone. She said the work is in compliance.
Ms. Siddell submitted an “As Built” plan showing the changes from the approved plan. Deputy Usowski said the changes are better than what was approved and everything is farther away from the resource than was originally approved.
Chairman Murley said he believed the changes had been negotiated and read the Minutes relative to these changes. Mr. Collins said that based on the Minutes and reviewing the plan he thinks the plan is fairly accurate.
Mr. Collins said that a strong reminder should be sent to the owners about the “No Mow” zone and Chairman Murley requested that it be delineated.
Mr. Hoerle MOVED and MR. Collins SECONDED the Motion to issue a Certificate of Compliance for DEP SE 19-1192.
SO VOTED UNANIMOUSLY.
8:40 P.M. Chairman Murley spoke about Bill Allen and Diamondback Terrrapin. He
said that Mr. Allen is working with homeowners and would like to meet on site with the Commission. He said the Widgeon and Teal Road area would augment the area there. He said the area has proven to be very successful and seems to be a magnet for turtles in this neighborhood. He said that on the State level “turtle gardens” have been proposed in conservation areas and several are going forward. He said there is one on Meetinghouse Pond in Orleans and reminded the Commissioners that Mr. Allen will be going forward with his proposal.
There was some discussion about the Harris project. Deputy Usowski told the Commissioners that approval for the road and the dock had been received from Natural Heritage. She said that the road is not required to met State Stormwater Guidelines but it does.
8:46 P.M. Resumption of Adao Hearing.
The Applicant’s representative had changed the plan to show a total of 40 plants: 20 Summersweet; 10 Winterberry; 3 High-bush Blueberry; and, 7 Arrowwood. No mulch or fertilizer will be used.
There was no further discussion and Chairman Murley closed this hearing. Mr. Hoerle MOVED and Ms. Giovinazzo SECONDED the Motion to approve with Order of Conditions 1-18, 19, 20, 21, 26, 29 (90% survival rate), 37 the entire property is a “No Mow” zone as per the Conservation Restriction held by the Eastham Conservation Foundation dated 1991, 38 planting should be completed by May 15th and a site inspection shall be done in September to check survival. Any plants which do not survive shall be replaced in the Fall of 2009 and there shall be an annual inspection in 2010 and 2011 to check for 90% survival, 39 any additional work must be in compliance with the Conservation Restriction on the property and must be approved by the Eastham Conservation Commission.
Mr. Wentz said he was planning to do the planting before March.
Mr. Collins cautioned the applicant that under the Conservation Commission By-Law as well as the Conservation Restriction on this property, NOTHING can be cut, clipped, or changed on the property.
SO VOTED UNANIMOUSLY.
8:57 P.M. Deputy Usowski told the Commission that she would like to change the
Commission’s policy relative to the submission of revised plans. She said she would like to change the deadline for submitting revised plans from 48 hours to 7 days. She said it is unfair to expect the Commission to review changes at a hearing which they are just seeing for the first time. She aid that this should not cause continuances of hearings to be any more frequent.
Deputy Usowski said she will fax the new policy to the half dozen engineering firms who appear most frequently before the Commission, asking them to sign confirming receipt and return in to the Conservation Commission office.
Ms. Dower MOVED and Ms. Giovinazzo SECONDED the Motion to approve the new policy relative to submission of revised plans.
SO VOTED UNANIMOUSLY.
Ms. Dower told the Commissioners that she will participate in the hearings through the meetings in February when her resignation becomes effective.
There was no further business and Ms. Giovinazzo MOVED to adjourn at approximately
9:04 P.M. Ms. Dower SECONDED the Motion
SO VOTED UNANIMOUSLY.
Minutes taken by Nicki Burns,
Transcribed and respectfully submitted.
Kay Stewart-Greeley,
Clerk
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