EASTHAM CONSERVATION COMMISSION
22 September 2009
MINUTES
PRESENT: Glenn Collins, David Hoerle, Steven LaBranche, Steve Smith, Sandra Larsen, Dennis Murley.
ABSENT: Lorraine Giovinazzo.
STAFF PRESENT: Deputy Natural Resource Officer Amy Usowski.
ALSO PRESENT: Avinash Patwardhan, Ravi Nadkarni, Charles Harris, Russell Holden of Ryder & Wilcox, Inc., David Hale, Judy Williams, Gerald Trantina, C. Bechgaard, Christine Seaman, Ingrid Seaman, Donna Kramer, Donald Kramer, Katelyn Siddell of East Cape Engineering, Inc.
APPROVAL OF MINUTES:
After review and a couple of minor corrections, Mr. Hoerle MOVED and Mr. Collins SECONDED the Motion to approve the Minutes of 28 July 2009.
THE VOTE WAS 4 IN FAVOR WITH 2 ABSTENTIONS.
After a couple of minor corrections, Mr. Collins MOVED and Mr. Hoerle SECONDED the Motion to approve the Minutes of 11 August 2009.
SO VOTED UNANIMOUSLY.
Request for Certificate of Compliance, Crosby Sencabaugh, DEP SE 19-1326, 180 Crosby Village Road, Map 14, Parcel 209.
Deputy Usowski reviewed this Order for construction of a deck within 100' of Herring Pond. She said it is in compliance.
Mr. Collins MOVED and Mr. Smith SECONDED the Motion to grant a Certificate of Compliance for DEP SE 19-1326.
SO VOTED UNANIMOUSLY.
Request for Certificate of Compliance, Harris Family Realty Trust, Town By-Law, 600 Dyer Prince Road, Map 19, Parcel 043A.
Deputy Usowski reviewed this Order which was granted under the Town By-law for construction of a road. She said the road is finished and the sides are revegetated and catch basins have been installed and have a maintenance program.
After brief discussion, Mr. Smith MOVED and Mr. Hoerle SECONDED the Motion to grant a Certificate of Compliance for this Order of Conditions.
SO VOTED UNANIMOUSLY.
Deputy Usowski told the Commission she had issued an Enforcement Order to Mr. Carlson at 60 Rogers Lane. He had come before the Commission for a septic system upgrade. They were supposed to trench through the existing driveway. The driveway did, in fact get replaced. She said she met with Katelyn Siddell of East Cape Engineering Co., Inc. to talk about different options and they will be filing a request for an Amended Order of Conditions.
After some discussion, Mr. Collins MOVED and Mr. Hoerle SECONDED the Motion to proceed with the Enforcement Order for this activity.
SO VOTED UNANIMOUSLY.
7:20 P.M. Continuation of Hearing on Notice of Intent filed by Avinash Patwardhan, 13 Horton Way, Map 07, Parcel 495.
Chairman Murley announced this hearing on the application for repair of an existing beach access stairway, planting of beach grass and maintenance of an existing rock revetment. Mr. Patwardhan was present and said there have been no changes in his application.
Chairman Murley read a letter from the Bay View Association in support of Mr. Patwardhan’s application. The Commission discussed liability issues. Deputy Usowski said the Order will be recorded on Mr. Patwardhan’s deed.
There was no further discussion and Chairman Murley closed this hearing. Mr. Hoerle MOVED and Mr. Collins SECONDED the Motion to approve this proposal with Order of Conditions 1-18, 19, 20, 21, 22, 25, 27, 29, 31, 33 construction debris to removed from the site daily, 35, 36.
SO VOTED UNANIMOUSLY.
7:34 P.M. Request for Determination of Applicability filed by Judith Williams, 250 Corliss Way, Map 18, Parcel 001B.
Chairman Murley announced this hearing. Commissioner Hoerle recused himself from this hearing. Ms. Williams was present and explained to the Commission that the trees were planted about 15 years ago to delineate her back yard from what is an old cranberry bog. She said that they served their purpose for some years but they have become too large. She said she is willing to replant something when these are removed.
Deputy Usowski said she would encourage replanting with another native species to act as a delineation or perhaps a split-rail fence.
There was some discussion about how to control the wild grape vines which are uncontrollable. Suggestions for replanting were Sweet Pepperbush, Arrowwood or Viburnum.
There was no further discussion and Mr. Collins MOVED a Negative Determination for Reason #3 and Mr. Smith SECONDED the Motion.
SO VOTED UNANIMOUSLY.
Mr. Hoerle returned to the meeting room.
7:48 P.M. Request for Amended Order of Conditions filed by Ellen Camhi, DEP SE 19-1238, 40 Bay Shore Lane, Map 13, Parcel 136F and 141R.
Chairman Murley announced this hearing. Neither the Applicant nor any representative was present for this hearing. The Applicant’s request was to amend the existing Order of Conditions to include repairs to and/or replacement of the existing stairway at the above location.
Deputy Usowski said that the existing Order has a maintenance condition for her sandbag revetment but she wishes to get a maintenance condition for repair or replacement of the stairway. She said the site is pretty well vegetated and stable.
Chairman Murley said he is uncomfortable with the wording of the request and the word replacement as well as repair being included. Discussion followed that typically on a maintenance condition only the word repair is used and not replacement.
Mr. Hoerle MOVED and Mr. LaBranche SECONDED the Motion to continue this hearing until 13 October 2009 in order to clarify the language.
SO VOTED UNANIMOUSLY.
Deputy Usowski reviewed a request from the MA Slow Growth Initiative to sign a petition to repeal M.G.L. Ch. 40B. Chairman Murley said he doesn’t think the Conservation Commission is the forum to endorse these sorts of things and he feels that if the Commissioners want to support this initiative they can do it as individuals.
Deputy Usowski gave the Commission an update on the Adao property on McKoy Road and the tree-planting process. Chairman Murley suggested, and the Commissioners agreed, that Deputy Usowski write Mr. Adao a letter telling him to plan 15 trees in the Spring of 2010 by June 1st and 15 trees in the Fall by October 15th and to wish him good health.
8:00 P.M. Notice of Intent filed by The Theodore W. Seaman Trust of 1985 & The Ingrid K. Seaman Trust of 1985, Christine Seaman, Trustee, 55 Shurtleff Road, Map 10, Parcel 234.
Chairman Murley announced this hearing for a proposal to replace existing filing sandbags with a stone revetment and nourishment of the Coastal Bank at the
above-referenced property. Katelyn Siddell of East Cape Engineering, Inc. was present for the Applicants. Christine Seaman and Ingrid Seaman were also present.
Ms. Siddell explained the existing conditions and the Applicant’s proposal to the Commission. Ms. Seaman said they have sand bags at another property which work very well, but they do not work at the Shurtleff Road property.
Deputy Usowski said that the structures at this property were built before the Wetlands Protection Act so the site is eligible to be considered for a rock revetment. She said that sand bag installations only last about 10 years in a Velocity Zone such as this. She said the bags are starting to slump and blow out. She said she has calculated the nourishment about at 72 cubic yards.
Commissioner Collins asked about construction protocol, the minimum size for trap rock, and the wall profile. Ms. Siddell said the plan is to place two fiber rolls at the top of the revetment at about elevation 20' and then put sand on top of that. She said they want to put enough sand on top to have a growing medium. She said they want to bring it to elevation 20' in order to match the Abramczyk’s wall. She said the Abramczyks have the same design at the top of their wall.
Commissioner Larsen questioned the specifications of what will be done with the existing stairway. Ms. Siddell said they are removed every season. She said she will check on whether the stair pilings will have to be moved. She said she will include that in the construction protocol.
Chairman Murley asked if any of the toe stones would be installed more seaward than the sandbags. Ms. Siddell said the toe stones will exceed it by about a half foot in order to make int more linear, but nothing major. She said there is no proposal at this point in time to install a sand-drift fence.
Ms. Siddell requested a continuance of this hearing in order to prepare the information requested by the Commission. Deputy Usowski said she believed the continuation date would be 13 October.
Mr. Collins MOVED and Mr. Smith SECONDED the Motion to continue this hearing until 13 October 2009.
SO VOTED UNANIMOUSLY.
Deputy Usowski took this opportunity to speak with Ms. Siddell about the Voke project. Ms. Siddell said they would need to install a temporary well on the beach to get water to mix the slurry for the sand bags. She said that this was not outlined at the hearing on this matter. Deputy Usowski said that under the Wetlands Protection Act this is considered temporary in nature etc.
Mr. Collins said he feels the Commission should know the procedure before they approve of this and Ms. Siddell said she will find out and have Chris Norgeot provide an addendum to the file.
8:30 P.M. At this time there was a 5-minute break.
8:35 P.M. Request for Amended Order of Conditions, Town of Eastham, DEP SE 19-1300, 2760 State Highway, Map 12, Parcel 320.
Chairman Murley announced this hearing. Deputy Usowski said the amendment is requested to include a handicapped-accessible ramp as all Town buildings need to be handicapped accessible and ADA compliant. She said the ramp would have to be just under 50. She said the Town is waiting for permission from the Cape Cod National Seashore who is going to get an archaeologist out to the site, so any approval would be pending their review.
She said that with the initial application the Commission approved a 12' entry ramp with eight excavated sono tubes. She said this ramp would be 50' long and 48" wide with no in-ground footings. She said the Natural Resources Department staff will be building this and the material to be used has been specified as White Cedar.
Mr. Collins said that under the ADA regulations he didn’t think you could go the distance of 50' without a flat landing and urged Deputy Usowski to check on that. Deputy Usowski said this will also need approval of the Building Inspector so that he will determine that as well. It was agreed that the Commission should wait to vote until they have an accurate plan.
Ms. Larsen raised a question about the distance from the end of the ramp to the handicapped parking and whether it was ADA compliant.
Deputy Usowski requested a continuance until the October 13th meeting. Mr. Hoerle MOVED and Mr. LaBranche SECONDED the Motion to continue this hearing until
13 October 2009.
SO VOTED UNANIMOUSLY.
8:45 P.M. Request for Certificate of Compliance, Hale, DEP SE 19-1265, 75 Bay View Drive, Map 13, Parcel 013.
Commissioner Hoerle recused himself. Russ Holden of Ryder & Wilcox, Inc. and Mr. Hale were present to speak for this request. The project was for the removal of an existing dwelling and reconstruction of a new single-family dwelling and detached garage; the pumping, filing with sand and/or removal of an existing cesspool, and the installation of a new septic system; the installation of a new driveway; grading and landscaping within 100' of the Top of a Coastal Bank, Coastal Beach, and Land Subject to Coastal Storm Flowage at the above-referenced property.
Deputy Usowski said the Order of Conditions was issued in 2007 and there are a couple of discrepancies from the approved plan. She said the changes to the building were previously addressed and the main difference is the access to the basement which is not shown on the approved plan. She said it is fairly wide, deep access which required a large amount of excavation. She said that the approved planting plan from Misty Hill Landscaping was not followed. She said the area has been planted and is stable but it wasn’t planted with the plants that which were approved. She said she recommends that a plan be submitted to reflect what the plants actually are and submit a request for an Amended Order so there is a record of what is actually on the lot, including an “As Built”.
Mr. Hale said the entrance to the basement was kind of a spontaneous thing. He said on the other hand the deck they built was significantly smaller than the approved deck and they also did not build the patio and the driveway is smaller so that the disturbed area is less than shown on the approved plan. He said that when they were doing the planting they could not get Beach Plum but Rosa Rugosa was available and they planted things which were on the approved list. He said he thinks they did a good job of stabilizing the bank and would request that he not have to spend the resources to do an “As Built” plan. He said that in addition, through some engineering at the site plan stage, they were able to put the septic under the driveway and were able to preserve a lot of Black Cherry trees that they thought
would have to be removed for construction. He said they worked really hard to disturb as little as possible. He said they have not planted any invasive species. Mr. Hale said it is not actually as shown on the plan but he feels that they have done a more than adequate job and they have continued planting this Summer with some Beach Plum and other native species and will continue to do so.
Deputy Usowski said her major problem is with the entry way and since they had been in pretty close contact during the project she wondered why she didn’t get as much as a phone call to talk about the change. Mr. Hale said that it was a complete oversight as he knew all along that he would have to get into the basement. He said it should have been included in the plan and it just wasn’t.
Deputy Usowski agreed that minimizing the deck and keeping the vegetation is a positive thing, but the plans are not accurate as to what is there right now.
Commissioner Collins said the Commission was careful to make sure they conditioned and approved the project to reflect the plans. He said that did not happen and he feels that the Commission absolutely needs a plan showing exactly what’s been built on the property. He said he feels that it is up to the Applicant to identify what has been done.
Mr. Smith said a phone call could have avoided this problem because this is a legal document and there needs to be a plan that actually states what is really there so that in the future there is documentation as to what has been done. He said he feels that there should also be some correlation made as to what plantings were approved and what plants are actually there now.
Chairman Murley said this is not the first time this has happened with a project and each time happens it becomes more troubling. He said that this is not was approved in the negotiations for this project and now they are requesting a Certificate of Compliance.
Ms. Larsen said she has a concern more with what is not between the plants rather than the plants which are there and to her there seems to be a lot of mulch. She said that the construction notes reference changes and this is an enormous change and the amount of excavation is a huge concern.
Deputy Usowski said the Commission can accept the “As Built” and the plantings as they are or they can request that the Applicant file for an Amended Order of Conditions.
Discussion followed relative to the plantings and the percentage of approved plants which were actually planted. Mr. Hale said he thinks there is probably 50-60% of the approved plants at the site. He said he feels the plants will grow and fill in and the idea of the mulch was to keep the sand in place.
Chairman Murley told the Applicant to work of the submitted “As Built” to outline what’s been planted and what changes were made from the approved plan. He said they will need to request an Amended Order of Conditions.
Mr. Hoerle returned to the meeting room.
9:15 P.M. Request for Certificate of Compliance, Koonz/Munday, DEP
SE 19-1339, 220 Crosby Village Road, Map 14, Parcel 208.
This Order of Conditions was for the construction of an addition, porch, deck extension, dormer, re-siding, replacement of windows and repairing a portion of the foundation. Katelyn Siddell of East Cape Engineering, Inc. Was present to speak for this request.
There was discussion about whether the “No Mow” Zones had been installed. Ms. Siddell said they did get planted.
Deputy Usowski said that pretty much the entire front of the house which is in the jurisdiction of the Conservation Commission is mulch which is not a substitute for stabilization. Ms. Siddell said she doesn’t think landscaping was addressed at the hearing and at this point she would suggest doing a conservation seed mix or something other than mulch. Mr. Hoerle said he votes for Clover.
There was discussion about what to plant and where and whether the existing vegetation in the area will take over after the silt fence and hay bales are removed. Ms. Siddell said she will talk to the Applicants about not mulching again. Mr. Collins said the mulch has survived some torrential rains and has not moved at all.
Mr. Collins said the Applicants should be instructed that there be no further mulching and the area should be allowed to naturalize and Deputy Usowski said she could speak with the Applicants about native plantings. Ms. Larsen suggested leaving the hay bales until work is completely finished and the debris removed from the site.
Chairman Murley said he is sure there was disturbance in the front when they poured the footings. He said this shows up time and time again, using mulch as a quick and cheap way to stabilize without planting. He said he feels they have to get rid of the mulch and the quick fix would be to put in a quick seed of Rye or whatever. He said that mulching is not a substitute for planting.
Ms. Siddell asked if it would be alright to take this information back to the Applicants before the Commission takes any action on this and asked for a continuance.
Mr. Smith MOVED and Mr. LaBranche SECONDED the Motion to postpone action on this request.
SO VOTED UNANIMOUSLY.
9:40 P.M. Request for Certificate of Compliance, Bechgaard, DEP SE 19-1332, 93 Sunset Avenue, Map 19, Parcel 055.
Mr. Collins recused himself.
This project was for a septic upgrade and construction of an addition.
Deputy Usowski said that once again her qualms are not with the building but with the landscaping at this site. She said they used rocks to delineate the “No Mow” but it looks like they changed the elevation a little bit to put the rocks in. She said that according to the engineer, Jason Ellis, it was shown on the plan. She said she doesn’t think it’s a major issue and it’s not going to effect the resource any, but she thinks it is a change in grade.
Deputy Usowski showed photos of the site. She said that she thinks that in order to achieve groundwater separation he had to raise the septic higher than he thought he was going to. She said it’s not a bad thing but it’s a discrepancy from the approved plan.
There was no further discussion and Mr. Smith MOVED to issue a Certificate of Compliance for DEP SE 19-1332. Mr. LaBranche SECONDED the Motion.
SO VOTED UNANIMOUSLY.
There was no further business and Mr. Smith MOVED to go into Executive Session not to return to Regular Session at approximately 9:50 P.M. Mr. Hoerle SECONDED the Motion
SO VOTED UNANIMOUSLY.
Respectfully submitted.
Kay Stewart-Greeley,
Clerk
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