EASTHAM CONSERVATION COMMISSION
10 February 2009
MINUTES
PRESENT: Steve Smith, Glenn Collins, David Hoerle, Dennis Murley, Lorraine Giovinazzo, Leah Dower
STAFF PRESENT: Deputy Natural Resource Officer Amy Usowski.
ALSO PRESENT: John Sweeney, Thomas Fitzgerald of Donnybrook Building, Inc., Katelyn Siddell of East Cape Engineering, Inc., William Ladutko, Thomas F. Kent, Mr. & Jerry & Mary Jane Gibson, David Michniewicz of Coastal Engineering Co., Inc.
Chairman Murley opened the meeting at 7:00 P.M.
APPROVAL OF MINUTES
The Commissioners reviewed the Minutes of 27 January 2009. After a couple of minor grammar changes, Mr. Hoerle MOVED and Ms. Giovinazzo SECONDED the Motion to approve the Minutes of 27 January 2009.
SO VOTED UNANIMOUSLY.
7:03 P.M. Request for Certificate of Compliance, Elliott, DEP SE 19-477, 100 Ellis Road, Map 22 Parcels 12 & 13.
Deputy Usowski reviewed this request for the Commissioners. This Order was from the early ‘90s and there is another valid Order of Conditions which covers the exact same work.
Ms. Dower MOVED and Mr. Hoerle SECONDED the Motion to issue a Certificate of Compliance for DEP SE 19-477.
SO VOTED UNANIMOUSLY.
7:05 P.M. Administrative Review, Mesquita, 85 Northwest Road, Map 17,
Parcel 770B.
Deputy Usowski presented this AR to the Commissioners. She told them that the landscaper had requested to take down eleven trees as the owner wants to “open” the yard. She said the first four trees are over 100' from the road and the other seven are healthy trees within 100' of substantial wetlands in the back yard.
There was no one present to address the request. Chairman Murley said that the yard has already been expanded and has been recently “rubbed and scrubbed”. He said it looks as if heavy machinery has done work there recently and none of this work came before the Conservation Commission that he knows of.
He said that in the background the trees have been trimmed “lollipop” style. He commented that the applicant is asking for permission to “savage” a woodland and he does not approve.
After some discussion about replanting and enhancing the Buffer Zone, it was MOVED by Mr. Hoerle and SECONDED by Mr. Collins that this Administrative Review be denied.
SO VOTED UNANIMOUSLY.
7:13 P.M. Deputy Usowski reminded the Commissioners about the annual Erosion Control Workshop in Hyannis on Wednesday, March 11, 2009, from
7:30 A.M. until 2:30 P.M.
7:15 P.M. Notice of Intent filed by Cliff Cottage Trust, 7 Memory Lane & 355 Turnip Road, Map 07, Parcels 501 & 496.
Chairman Murley announced this hearing. David Michniewicz of Coastal Engineering Co., Inc. was present for the Applicant and explained the proposal for pathway improvements on a long-standing pathway which leads to the Top of the Coastal Bank. He said that someone in the neighborhood widened the path and cut into the side. He said that Mr. Cohn would like to restore the shape of the land form. He said that with constant foot traffic the normal migration of sand gets displaced and he would like to restore the grade of the sides of the pathway by placing some sand.
Mr. Michniewicz said they would like to construct a boardwalk and replace the snow fence on either side of the path. He said the disturbed area outside of the path will be replanted with American Beach Grass. He said this will restore the grade and help prevent erosion. He said all access will be from Memory Lane.
Deputy Usowski inquired as to whether the proposed wooden boardwalk was on the ground and the proposed plantings on the additional fill. Mr. Michniewicz said the boardwalk is proposed to be on grade and 4' wide. He said the snow fence is 1' off the
boardwalk. He said that no planting is proposed within that and the restoration will be outside of the snow fence. He said that from snow fence to snow fence on either side it is 6' wide. He said they do not propose carving back the path, only filling it in. He said that someone cut it back; but, they were proposing to replace that.
Mr. Michniewicz said that for access purposes they intend to plant the Beach Grass first and then install the snow fence. He said does not anticipate cutting any vegetation to install the snow fence.
Mr. Collins commented that this would be a good opportunity to remove any
pressure-treated wood from this project. Mr. Michniewicz said that Mr. Cohn tries to be a good steward of this property and will definitely consider other options than pressure-treated wood.
Chairman Murley said the fencing should be snow fencing and not a true fence. Mr. Michniewicz said it will be.
There was no further discussion and Chairman Murley closed this hearing. Mr. Collins MOVED and Mr. Smith SECONDED the Motion to approve this proposal with Order of Conditions 1-18, 19, 20, 21, 22, 27, 29, 33.
SO VOTED UNANIMOUSLY.
7:30 P.M. Notice of Intent filed by John Sweeney, 755 Campground Road,
Map 07, Parcel 321.
Chairman Murley announced this hearing. Tom Fitzgerald of Donnybrook Building, Inc. was present for the applicant and explained the proposal to replace and add to an existing deck at the above address. He said the existing deck is dilapidated and he would like to rebuild it within the existing footprint on the front and expand it a little on the side to connect the front to the back. He said the area is unusable because of Poison Ivy and ticks. He said the deck has been there for years. Mr. Sweeney bought the property in 2004 and has been keeping the deck together with braces and so forth.
Deputy Usowski asked Mr. Fitzgerald if it was necessary to go closer to the Coastal Bank. Mr. Fitzgerald said the deck is about 8' wide now and the flow on the deck requires more useable space front to back He said the railing leans outward and he would like to extend it. He said that the footings will stay the same but the extension will allow for more usable space.
There was discussion regarding the footings and whether the railings would prohibit anyone jumping over the deck. Mr. Sweeney said there would be a stainless steel cable system with the wires spaced close together. He said it is a nice looking system.
Deputy Usowski asked about the Limit of Work. Mr. Fitzgerald said there is no need for more than 2' from the existing deck.
Discussion followed regarding the old railroad ties and cleaning up the area so the grass could take over again and Chairman Murley encouraged the applicant to take out anything which is rotten.
Mr. Sweeney said there are railroad ties positioned on either side of the dune/bank which are starting to push in the rot and something will need to be done with those. He said that would be a separate request and he would bring the proposal to the Commission.
There was no further discussion and Chairman Murley closed this hearing. Mr. Hoerle MOVED and Ms. Giovinazzo SECONDED the Motion to approve this proposal with Order of Conditions 1-18, 19, 20, 21, 22 2' out from the existing snow fence, 27, 29, 33, 35, 37, 38 any new sono tubes shall be in the same location as the existing footings.
SO VOTED UNANIMOUSLY.
7:54 P.M. Notice of Intent filed by Robert Kearin, 550 Samoset Road, Map 14, Parcel 092.
Chairman Murley announced this hearing. Katelyn Siddell of East Cape Engineering, Inc. was present for the applicant.
Ms. Siddell told the Commission that this is an after-the-fact filing. She said an Order of Conditions was issued in 2005 for the removal and reconstruction of the existing cottage. She said the Commission requested that an 8'wide strip of shrubs be placed along Great Pond. She said that once the dwelling was removed and rebuilt, a 8'x15' deck and a 40' retaining wall were added which were not on the approved plan.
Ms. Siddell said the reason for the wall is that the top of the foundation of the new cottage is 12.5' and the slope was pushed back to maintain the 13' contour in the location of the cottage.
Deputy Usowski said there has been clearing almost all the way to the pond and there is a small strip of vegetation along the pond which has been trimmed.
Mr. Collins commented that the Commission had carefully reviewed and analyzed this proposal and to see this in direct violation of the Conservation Commission’s work. He said it puts the Commission in a very difficult position that it should not be in.
Mr. Hoerle said that there was a lot more Buffer on the left and right extremities and that he doesn’t see that now. He said it has been gobbled up and more Buffer is definitely needed. Mr. Collins agreed.
Chairman Murley said that everything has been cut to about a foot high, including a tree which would be 30-40' tall. He said he doesn’t remember exactly what existed at this property before and the owner should put away the lawnmower.
Discussion followed about the Buffer strip. Ms. Siddell said they did plant the 8' strip and the two sides are thicker. She said that previously the lawn went down to the pond and they have allowed that to grow in and have planted shrubs in the 8' strip. She said they were going to wait three growing seasons to make sure the plantings survived, but they have requested a Certificate of Compliance.
Mr. Hoerle asked if they could provide a list of what was planted. Ms. Siddell said that they planted Meadow Sweet, Button Bush, Low Bush Blueberry, and Arrowwood. She said that when she looked at the area it was pretty much what was on the list, but she’s not sure what has survived.
Chairman Murley said that he doesn’t know if the Buffer strip is in compliance. He said he doesn’t believe it is anywhere near 8' wide. He said the tree is vigorously trying to regrow and is continuously being cut back. He said the lawnmower is going very, very close to the edge of the pond. He said the deck is tiny and the retaining wall is small and doesn’t impede wildlife. He said these are not upsetting as much as the Buffer strip which is not close to what was approved.
Mr. Collins said he completely agreed and that if the Buffer strip doesn’t comply with the plan a Certificate of Compliance cannot be issued.
After a bit more discussion relative to the Buffer strip, Ms. Siddell requested that the Commission hold off on the Certificate of Compliance request. She said she will make sure that the 8' Buffer strip is restored with no mowing past the 10' contour. She said they could continue the hearing and she could draw new plans.
Ms. Siddell requested a continuance for both the Notice of Intent and the Request for Certificate of Compliance.
Ms. Giovinazzo MOVED and Mr. Hoerle SECONDED the Motion to continue.
SO VOTED UNANIMOUSLY.
8:16 P.M. Continuation of Hearing on Notice of Intent filed by William Ladutko, 2705 State Highway, Map 15, Parcel 005.
Chairman Murley announced this hearing. Katelyn Siddell of East Cape Engineering, Inc. was again present for the Applicant who was also present.
This proposal came before the Commission in December 2008 for the removal of four buildings on the property to be replaced with six, one-bedroom units. Currently, there is a nine-bedroom septic on the property which will remain the same. There was discussion at that time about the size of the project and the location of the wetland. In the past the area was disturbed and then grew back. Ms. Siddell said that wetland line was moved 18-25' to the East which makes the proposal more difficult.
She went on to say that the proposed units are smaller in size than originally proposed. In the original plan the connecting units were staggered and the revised proposal is for the back of the building on the wetland side to be straight. They were able to move the parking area closer to the road, but much of the proposal is still within the 50' Buffer.
One of the questions was whether they could flip the location of the parking area and buildings and if this was done it would bring the vehicles closer to the wetland and the housing closer to the roadway. Also, more fill would need to be removed if the houses were moved closer to the roadway.
They are proposing to add an additional 900 sf. of building within the 50' Buffer Zone and they are proposing to let 2,000 sf. of lawn re-naturalize.
Deputy Usowski said the Commission had mentioned connecting the decks in the back and not having a walkout basement, but she sees that the plan still shows a walkout basement and a separate deck for each unit.
Mr. Ladutko said that this is a health and safety issue which is something he can’t compromise. He said the units will have a fire wall in between. He said that each unit is considered independent even though they’re attached and though it is financially less expensive to do it the way the Commission proposes, there are safety issues which require two entrances to each unit.
Ms. Siddell said that they will be able to maintain the existing grade for the most part with small portions needing to be re-graded.
Mr. Hoerle asked what would protect the Buffer Zone and Ms. Siddell responded that possibly a split-rail fence could be installed. She said the back area is not meant to be lawn. She said they have made the Limit of Work as tight as possible while still allowing for walkways and the ability to walk around the building.
Mr. Ladutko said he has no problem with a Buffer of any kind; whatever the Commission recommends. He said he has no problem with installing a split-rail fence to prohibit use of the area. He said they are one-bedroom units and are not designed for families. He said the little bit of deck could be for a grill, will keep people off the ground, and will there will be less for him to cut and maintain if there is a large “No Mow” Zone.
Ms. Siddell said that the area proposed is lawn now and this will allow for a bigger Buffer strip and it will be a greater benefit to the resource area. She said there will be Stormwater Management and drainage on site.
Ms. Siddell said that driving in and out of the property is difficult so the applicant is requesting a paved apron near the road.
Chairman Murley said he is happy with the new wetland delineation, but he would like to see the whole thing moved back 10-15'. He said he is trying to get things away from the resource area and if the applicant will delete the northern unit that would solve the parking problem. He said the parking could go where the northern unit is proposed and the building could be moved away from the resource. He said that the proposed plan shows a Limit of Work less than 20' from the resource and almost the entire project is less than 50' away from the resource.
More discussion followed about removing Unit 6 from the plan or re-locating it, and moving the proposed parking area to where Unit 6 is proposed to be.
Ms. Siddell requested an indefinite continuance to see if they could work out some additional changes. Deputy Usowski said coming to the Commission with alternatives is appreciated.
Mr. Ladutko said he cannot continue to operate the property under the current conditions.
Ms. Dower MOVED and Mr. Hoerle SECONDED the Motion to continue this hearing indefinitely.
SO VOTED UNANIMOUSLY.
8:41 P.M. Continuation of Hearing on Notice of Intent filed by Roland Gibson, 40 Smith Heights Way, Map 19, Parcel 054.
Chairman Murley announced this hearing. He said that several of the Commissioners had gone to the site and Deputy Usowski took photos. Mr. & Mrs. Gibson were present at the hearing.
Deputy Usowski said she took into consideration what the Commissioners had talked about at the last meeting relative to the Cedars and Norway Maples and asked the Gibsons if their suggestions coincide with what they would like. She said the main point is they want to keep all of the big trees.
Mr. Hoerle asked the applicants if they were open to cutting the Norway Maples back to stubs and then treating them with an herbicide.
Chairman Murley said it would have to be done by someone who is certified who knows the proper amount of chemicals to apply. He said it doesn’t matter how they deal with
the saplings. He said the slope is fairly steep and it would be difficult for someone to get down there to do the work. He said there is nothing sacred about the Norway Maple saplings and that his concern is that somewhere in the future this property will
be sold and he wants to make sure that the Order of Conditions is very clear on what pruning the owner is allowed to do. None of the large trees may be cut or pruned. The Cedars, the Red Maple, and the Apple tree are to remain.
Chairman Murley said that by pruning the other vegetation to 2-3' and leaving the large trees, the applicant will have two viewing corridors onto the Cove. He said that Norway Maples are invasive and the Commission doesn’t care if they want to continually trim them. He said they are hard to get to and he doesn’t want to see someone clear cutting to get to them.
Ms. Dower stated that if the applicant wishes to apply herbicide to the Norway Maples they will need Conservation Commission approval.
There was no further discussion and Chairman Murley closed this hearing. Mr. Hoerle MOVED and Ms. Giovinazzo SECONDED the Motion to approve this proposal with Order of Conditions 1-18, 19, 20, 21, 22, 26 herbicide language reworked, 37, 38.
Chairman Murley told the applicants that anything greater than 4" in diameter cannot be cut without Conservation Commission approval.
SO VOTED UNANIMOUSLY.
9:07 P.M. Deputy Usowski told the Commissioners about the annual MACC Conference on 28 February.
There was no further business and Mr. Smith MOVED to adjourn at approximately
9:15 P.M. Ms. Giovinazzo SECONDED the Motion
SO VOTED UNANIMOUSLY.
Respectfully submitted.
Kay Stewart-Greeley,
Clerk
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