EASTHAM CONSERVATION COMMISSION
10 March 2009
MINUTES
PRESENT: Glenn Collins, David Hoerle, Dennis Murley, Lorraine Giovinazzo.
STAFF PRESENT: Deputy Natural Resource Officer Amy Usowski.
ALSO PRESENT: David Lyttle of Ryder & Wilcox, Inc., Lauren McKean of the Cape Cod National Seashore, Gordon Peabody of Safe Harbor Environmental Management, George Reilly of Land Design Associates, Mike Smith.
Chairman Murley opened the meeting at 7:00 P.M.
Mr. Hoerle MOVED and Ms. Giovinazzo SECONDED the Motion to approve the Minutes of 24 February 2009 with one minor correction.
SO VOTED UNANIMOUSLY.
7:04 P.M. Discussion:
George Reilly of Land Design Associates was present to ask the Commission what type of an application they would prefer for the installation of a water line and electric line to the well. He said they propose to use directional drilling to core a four inch diameter boring, four feet below grade. The boring will begin outside the 100' Buffer. He said there will be no disturbance to vegetation and it will in no way affect the stability of the Coastal Bank.
Deputy Usowski said the work is too minimal for a Notice of Intent application.
After brief discussion it was decided that an Administrative Review should be filed with updated plans.
Mr. Hoerle MOVED and Ms. Giovinazzo SECONDED the Motion that an Administrative Review be filed for this project change.
SO VOTED UNANIMOUSLY.
7:11 P.M. Administrative Review, J. Holden Camp, 10 Drake Circle, Map 17, Parcel 538.
Deputy Usowski told the Commissioners that there are three trees which are infected with Turpentine Beetles and Mr. Camp would like to remove them from the property in an attempt to save the healthy Pitch Pines. He would like to replant with some trees after the infected ones are removed. The infected trees are 15-20' from the resource and a machine will not be allowed to cut so close to the marsh.
Mr. Hoerle said he has used a systemic solution around the base of trees and it has worked. He said if applied properly it would not spread to other plants.
Chairman Murley said that if he is trying to control an outbreak, the trees should be removed from the property and properly disposed of.
Mr. Collins MOVED and Mr. Hoerle SECONDED the Motion to ratify this Administrative Review.
SO VOTED UNANIMOUSLY.
7:15 P.M. Request for Determination of Applicability filed by Patricia A. & Timothy F. Daley, 39 Cranberry Lane, Map 13, Parcel 060.
David Lyttle of Ryder & Wilcox, Inc. and Mike Smith, the Applicants’ contractor, were present. Mr. Lyttle told the Commissioners that the Daleys would like to expand their existing deck and elevate the outdoor shower to the deck. There area has already been altered with a boardwalk, foot shower, and outdoor shower. The proposed Limit of Work will be a fabric silt fence, materials will be stored in the driveway, and they will walk around the existing steps to get to the work area.
Mike Smith said that the existing deck structure is going to remain and be added onto. He said the top and railing will be replaced but he will not need to install any new footings. He said that six inches of stone will be put underneath the shower to help with drainage. Access will be from an existing walkway which is outside the Buffer.
Chairman Murley said the area to the North should be used for access and work on the South side should be eliminated. He said that work around the shower area should be limited to 3' out from the shower.
There were no additional comments or questions and Chairman Murley closed this hearing. Ms. Giovinazzo MOVED and Mr. Collins SECONDED the Motion for a Negative Determination for Reason #3.
SO VOTED UNANIMOUSLY.
7:25 P.M. Request for Certificate of Compliance, Sable, DEP SE 19-1182, 105 Shurtleff Road, Map 10, Parcel 237.
Deputy Usowski told the Commissioners that this Order of Conditions expired last Fall. She said the Applicants are nourishing every year. They want to get a Certificate of Compliance for the work which has been completed and re-apply for maintenance which was not in the original Order.
Mr. Collins MOVED and Mr. Hoerle SECONDED the Motion to grant a Certificate of Compliance for DEP SE 19-1182.
SO VOTED UNANIMOUSLY.
7:30 P.M. Notice of Intent filed by Cape Cod National Seashore, 2800 State Highway, Map 12, Parcel 319.
Chairman Murley announced this hearing. Lauren McKean, Planner, of the Cape Cod National Seashore and Gordon Peabody of Safe Harbor Environmental Management were present. The proposal is to replace a longstanding petroleum-based matting system through the marsh grass to Salt Pond with a new low-impact decking system. The system will be assembled at the South District off in Wellfleet and at the amphitheater at Salt Pond and brought to the pond for installation.
Mr. Peabody commented that anything would be better than the restaurant rubber mats in existence. The new system will sit in the existing footprint where the mats were. He said there will be holes in the decking for horizontal and vertical circulation. There will be no obstruction to tidal flow or shoreline fish. Hay bales or silt fencing was not proposed as the park staff believes that the installation of such measures would be more disruptive to the marsh. The decking will be taken out at the end of the season and set up seasonally. It will be stored at the edge of the pond at the canoe landing or in the amphitheater.
Mr. Collins commented that any time Mr. Peabody is involved with a project it all goes very smoothly. Chairman Murley said that storage off site seems the best option.
There was no further discussion and Chairman Murley closed this hearing.
Mr. Hoerle MOVED and Ms. Giovinazzo SECONDED the Motion to grant an Order of Conditions for this project with Conditions 1-18, 19, 20, 21, 22, 25, 33, 35, 38.
SO VOTED UNANIMOUSLY.
7:50 P.M. Chairman Murley spoke about the site visit at 15 Blue Bill Lane with Bill
Allen to discuss creating a new “Turtle Garden” for Diamondback Terrapin. He said this is a modest proposal and Mr. Allen will be submitting an RDA for the project.
7:59 P.M. Continuation of Hearing on Notice of Intent filed by Janet & Frank Bianco, 290 Salt Works Road, Map 04, Parcel 005A.
The applicants’ representative, Peter Markunas, requested a continuance for this hearing until April 14th.
Mr. Collins MOVED and Mr. Hoerle SECONDED the Motion to continue this hearing until April 14, 2009.
SO VOTED UNANIMOUSLY.
8:00 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.
The applicants’ representative, once again Peter Markunas, requested a continuance of this hearing until April 14th.
Mr. Collins MOVED and Ms. Giovinazzo SECONDED the Motion to continue this hearing until April 14, 2009.
SO VOTED UNANIMOUSLY.
There was no further business and Mr. Collins MOVED to adjourn at approximately
8:00 P.M. Ms. Giovinazzo SECONDED the Motion.
SO VOTED UNANIMOUSLY.
Respectfully submitted.
Kay Stewart-Greeley,
Clerk
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