EASTHAM CONSERVATION COMMISSION
24 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: David and Tess Gooding, Alan Mesquita, Jane Bodamer, Katelyn Siddell of East Cape Engineering, Inc.
Commissioner Hoerle opened the meeting at 7:00 P.M.
APPROVAL OF MINUTES
The Commissioners reviewed the Minutes of 27 January 2009. Mr. Collins MOVED and Mr. Smith SECONDED the Motion to approve the Minutes of 10 February 2009.
SO VOTED UNANIMOUSLY.
7:07 P.M. Administrative Review, McColgan, 85 Northwest Road, Map 17, Parcel 770B.
Deputy Usowski explained the proposal to the Commissioners. The applicant previously proposed removing eleven trees, seven of which were in the Buffer Zone. The Commission denied this request and the applicant is now proposing to remove three trees within the Buffer Zone and plans to plant native species to round out the yard and create a Buffer strip.
Alan Mesquita, the landscaper representing the applicant, said there is no plan for an exact number of plants but they are willing to work with the Conservation Commission.
Deputy Usowski said that the trees are all more than 75' from the wetland and she would like to see more plants near the wetland.
Chairman Murley asked for a “No Mow” zone along the back edge of the property closest to the wetland and suggested that the applicant come back in June or July and the Commission can see what kind of re-sprouting has occurred. Mr. Collins said he completely agreed with going about the project this way. Chairman Murley said it would be more effective to plant after they see what comes back. He said it sems to be mostly Sweet Pepper Bush which is a pretty good resprouter.
Chairman Murley suggested approval of the removal of the three Pines, that Deputy Usowski meet with Mr. Mesquita at the site to establish the “No Mow” zone, and that the applicant wait until the growing season to see what has re-sprouted.
Mr. Collins MOVED and Mr. Smith SECONDED the Motion to ratify this Administrative Review.
SO VOTED UNANIMOUSLY.
7:19 P.M. Notice of Intent filed by David Gooding, 1625 State Highway, Map 18, Parcel 306A.
Chairman Murley announced this hearing. Mr. Gooding told the Commission that he had “cleaned up” the yard, cutting dead trees and a big nest of invasives and prickers etc. He said a lot of the invasives were killing the trees. He said he did not scrape the ground and feels very badly about his misunderstanding and is anxious to rectify the situation.
Deputy Usowski said she had issued a “Stop Work” Order on the property about 4 months ago. She said there was a misunderstanding when the Goodings purchased the property. She said it is proposed to let the area grow back and see what is there before replanting.
Chairman Murley said that the vegetation looked like mostly native species and wetland species. He told the Goodings that most everything up- to their hill is actually a wetland and just about anything done below the slope needs to come before the Conservation Commission.
Deputy Usowski said two requests are included in this proposal. One is to let the area re-grow and the other is for permission to maintain. Also in question is the removal of a tree which is right off the deck. Mr. Gooding said that it is very close to the deck and very low. Mr. Gooding said the branches are literally touching the house. Chairman Murley said that this should be dealt with separately when the applicants have a plan which shows the Buffer Zone.
Chairman Murley said there should be substantial re-sprouting and then a “No Mow” zone should be established for this property in perpetuity. He suggested postponing this hearing until mid-June of early July and told the Goodings that in the meantime they could move the wood.
Mrs. Gooding asked if it was safe to get rid of the brush that was left. Chairman Murley said that it was up to the Goodings as to how they dispose of it; but, if they are going to chip it the chips should not be put in the wetland.
Mr. Gooding requested a continuance until June or July.
Ms. Dower MOVED and Ms. Giovinazzo SECONDED the Motion for a continuance.
SO VOTED UNANIMOUSLY.
7:41 P.M. Notice of Intent filed by A. Richard Carlson, 60 Rogers Lane, Map 21, Parcel 069.
Chairman Murley announced this hearing. Katelyn Siddell of East Cape Engineering, Inc. was the applicant’s representative and explained the proposal to install a new septic tank. She said there is an existing cesspool approximately 25' from the Top of the Coastal Bank which they will fill with sand and abandon. She said a new 1,500 gallon tank will be installed approximately 38' from the Top of the Coastal Bank and the leaching area is out of the Buffer Zone. She said they are planning to use a phased Limit of Work and once the existing tank is filled they will move the Limit of Work. She said this proposal has been approved by the Board of Health.
There was discussion regarding the Limit of Work and drainage. Chairman Murley said that if the Limit of Work is tightened up there would be no need for a phased approach.
Mr. Collins commented that the plan does not identify trenching which needs to be done. Ms. Siddell said she will draw a new plan which shows the trench area to be cut out on the driveway and the area to be re-paved. Mr. Collins said a drainage swale should be created at the end of the driveway and he would like to see at least a 3'-wide Buffer stip at the Top of the Coastal Bank. Ms. Siddell said she would speak with the applicant about the “No Mow” zone and the drainage swale.
Chairman Murley asked if it would be possible to put the piping from the septic tank to he leach area alongside the driveway. Ms. Siddell said she would investigate this possibility and requested a continuance in order to consult with the owner.
Ms. Giovinazzo MOVED and Mr. Hoerle SECONDED the Motion for a continuance.
SO VOTED UNANIMOUSLY.
8:05 P.M. Notice of Intent filed by Jeffrey & Cynthia Saul, 100 Blue Heron Way, Map 18, Parcel 273A.
Chairman Murley announced this hearing. Katelyn Siddell was representing the Sauls. Ms. Siddell explained the proposal. She said this site is a two-acre lot with the smaller portion being upland. She said there is an existing deck and porch and they are proposing to expand the deck space and put a door to the mud room. She said the installation of three 8" sono tubes will be the only disturbance and the Limit of Work ias as tight as they cold make it. She said the area is all within 100' of a freshwater wetland. She said the Limit of Work could be changed to be where the existing deck and porch meet. She said construction will be minimal and the sono tubes will be dug by hand approximately 4' deep.
Deputy Usowski said the area to be disturbed is grass. She said there is a 30-35' Buffer between the edge of the wetland and the edge of the vegetation. She said the yard is modestly sized and asked about an irrigation system where the rock garden is. Ms. Siddell said there is no irrigation system, only a normal hose with a sprinkler. Ms. Giovinazzo said there are little sprinkler heads visible and Ms. Siddell said the applicant is not using the irrigation system. She said the rock garden is irrigated by run off from the driveway.
Ms. Siddell said the deck would be the same elevation as the existing deck.
There were no further comments or questions and Chairman Murley closed this hearing. Mr. Smith MOVED and Ms. Giovinazzo SECONDED the Motion to approve this proposal with Order of Conditions 1-18, 19, 20, 21, 22, 26, 27, 33, 35, 37.
SO VOTED UNANIMOUSLY.
Deputy Usowski said she would investigate the sprinkler heads.
8:16 P.M. Continuation of Hearing on Notice of Intent filed by Susan Scribner, 290 Windjammer Lane, Map 19, Parcel 080.
Chairman Murley announced this hearing and read a letter from Katelyn Siddell of East Cape Engineering, Inc. requesting a continuance.
Mr. Collins MOVED and Mr. Hoerle SECONDED the Motion to continue this hearing until the next available meeting.
SO VOTED UNANIMOUSLY.
8:15 P.M. Continuation of Hearing on Notice of Intent filed by Robert Kearin, 550 Samoset Road, Map 14, Parcel 092.
Chairman Murley announced this hearing. Katelyn Siddell was present for the applicant. She said the applicant has proposed to expand the 8' Buffer strip to 12', approximately 300 square feet of planting. She said the deck is 120 square feet and the retaining wall is 40' long so the ratio would be 2:1. She said this would make the “No Mow” zone 12' wide and supplemental plantings would be added.
Chairman Murley said it looks as though something was planted and possibly mowed over. Ms. Siddell said she spoke with the owner and he said it was not and perhaps a physical barrier should be placed along the edge.
Mr. Collins said the Commission needs more detail about how many more plants will be planted and Chairman Murley said this time the Commission will require a physical barrier.
Ms. Siddell requested a continuance. Mr. Collins and Ms. Giovinazzo SECONDED the Motion.
SO VOTED UNANIMOUSLY.
8:33 P.M. Administrative Review, Hutchings, 14 Settler’s Trace, Map 18,
Parcel 300V.
Deputy Usowski told the Commissioners that there is a Mosquito controlditch at this site which is being blocked by a large dead tree whose limbs have fallen into it and the applicant would like to remove it. She would like to bring a truck with a winch into the driveway and drag it out. Deputy Usowski said she suggested that the applicant hand cut it and take it out.
Ms. Dower asked if it were possible to cut it and move it or just leave it. Deputy Usowski said she did mention this to the applicant.
Mr. Smith said that it doesn’t look as though the branches are actually blocking the flow of water.
Chairman Murley echoed his suggestion to cut and stack it without dragging. Ms. Dower agreed that it will be much easier to cut it up and let it rot.
Mr. Smith said he is concerned with oil and gas from a chain say dripping into the
wetland. Deputy Usowski said that if a chain saw were used they could put a tarp or some type of matting underneath where they were cutting to prevent any leakage from getting into the wetland.
There were no further comments and Mr. Hoerle MOVED and Mr. Smith SECONDED the Motion to ratify this Administrative Review provided that a truck and winch not be used and that something is put down to prevent gas and oil from going into the wetland.
SO VOTED UNANIMOUSLY.
There was no further business and Mr. Smith MOVED to adjourn at approximately
8:45 P.M. Ms. Giovinazzo SECONDED the Motion
SO VOTED UNANIMOUSLY.
Respectfully submitted.
Kay Stewart-Greeley,
Clerk
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