Conservation Commission Meeting

TOWN OF       HARWICH

732 Main Street

Harwich, MA 02645

CONSERVATION COMMISSION                                       508 430-7538     FAX:   508 430-7531

HARWICH CONSERVATION COMMISSION

Wednesday June 17, 2015

SMALL HEARING ROOM

   HARWICH TOWN HALL

MINUTES

Present:  Walter Diggs, Jane Fleming, Robert Sarantis, John Rossetti, Dean Hederstedt, Bob Hartwell, BOS Liaison Linda Cebula, and Conservation Administrator Amy Usowski. 

Absent: Brad Chase

6:35 Call to Order by Chairman Walter Diggs

6:35 PM – Michael Lach of the Harwich Conservation Trust presented the Commission with a LAND Grant application to sign for the Hall property.  If received, the grant would pay for more than half of the acquisition price of the property.  This property, just over 4 acres in size, would complete the loop of conservation area around the West Reservoir in the Bells Neck Conservation Lands, and would be under Conservation Commission jurisdiction.

Jane Fleming MOVED and Dean Hederstedt SECONDED that the Conservation Commission support going after this grant and sign the application.  All in favor, motion carried.

6:43     NOTICE OF INTENT

Robert and Joyce Scanlon, 50 Martha’s Lane  Construction of a new dwelling within the 50-100’ buffer zone to an inland wetland (abandoned cranberry bog). 

Lynne Hamlyn of Hamlyn Consulting represented the owners and described the project.  This is a currently undisturbed lot, so the septic needs to go outside the 100’ buffer zone to the wetland as per Board of Health Regulations.  The house is situation between the 50-100’ buffer to an abandoned cranberry bog.  The owners would like a 3 bedroom house.  The Zone II Water Recharge Area cuts across the front of the lot.  As the lot is just over 20,000 sf, if they were to build within the Zone II portion of the lot, they would be limited to 2 bedrooms.  Lynne stated that as presented and shown on the plan, this proposal meets all the performance standards from the State and Local Bylaw.

Amy Usowski reiterated some of what Lynne stated as there was some confusion on where the Zone II lay across the lot and what it meant.  She made note that even though the front of the lot near the road is outside of conservation commission jurisdiction, it would be nice if some of the trees were kept as such a large portion of the lot could potentially be disturbed with this project since the house is farther back.  Lynne stated that this could be discussed at the onsite.  Amy stated she liked the native planting plan for the back of the house; essentially they would not have a backyard just a deck since it was close to the 50’ No Disturb Zone. 

Bob Sarantis reiterated Amy’s point about leaving some of the trees in the front of the yard by the street. 

Various abutters from the audience spoke once recognized by Chairman Diggs:

-Bob Duarte, 42 Martha’s Lane, said he came to this board 15 years ago and was denied.  Lynne stated that you can’t compare their plan to this one as it is a different lot, and the Zone II falls in a different location.

-Nancy Meyer, another abutter, was concerned that because the proposed house is set back so far from the road that it would put this house in their backyard.  Mr. Meyer said it should conform to subdivision standards.  Amy Usowski and Jane Fleming attempted to clarify that subdivision standards are not in their purview, just wetland laws.

Amy Usowski noted that this project needs review by the Natural Heritage and Endangered Species Program, and that we haven’t heard from them yet.  She recommended the hearing be continued until July 8, 2015 to give NHESP more time.

Jane Fleming MOVED and Bob Sarantis SECONDED to continue the hearing until July 8, 2015.  All in favor.

7:30 PM Notice of Intent - Continuance

Bruce & Karen Stroever, 65 Sequattom Road, Map 101, Parcel V3-1 – Installation of vinyl sheeting bulkhead directly in front of an existing concrete bulkhead which is deteriorating including 30 cubic yards of clean sand to backfill over the concrete; seasonal access steps; removal of one bush and flush cutting of seven trees.

Mark Burgess of Shorefront Consulting described the changes for the commissioners.  They would still like to install a vinyl bulkhead in front of the existing concrete bulkhead, but are no longer asking to extend it to the east.  They are now proposing to place intermittent “2-man” stones below the seaward edge of the BVW to break up wave action.  They would not create a solid structure or revetment.  Also, the stairs would be made of aluminum or non-pressure treated lumber.  Monitoring could be completed each year to determine the effectiveness of the rocks at lessening the bank erosion.

Jane Fleming MOVED and John Rossetti SECONDED approval of this project with these changes.  All in favor, motion carried.

7:55 PM  Notice of Intent

David and Kimberly Sterling, 2267 Head of the Bay Rd, Map 119, Parcel N6

Removal of dwelling, cottage, shed and septic system and construction of new dwelling, septic system and landscaping.  Work to occur within the buffer zone to a coastal bank and a bordering vegetated wetland.  Variance request from Harwich Wetland Protection Regulations for work within the 50’ No Disturb Zone.

David Lyttle of Ryder and Wilcox, and Caitrin Higgins and Tom Lee of Wilkinson Ecological Design presented the project.  David Lyttle described the project to the Commissioners, and Caitrin Higgins review the Land Management Plan.  The area around the isolated wetland, most likely a vernal pool, is fairly pristine with minimal invasive plants.  They are proposing to enhance this area with 44 native trees, 300 native shrubs, and native grasses. 

Bob Sarantis asked for more information regarding the pruning/removal of the previously mismanaged oaks on the Coastal Bank.  Caitrin stated it was only about 6 oaks that would be removed, not all of the ones on the bank. 

The Commissioners recognized that the new home would be further back from the Top of Coastal Bank than the existing cottage, and that there was no expansion in regards to square footage of disturbance in the 0-50’ buffer, but some were concerned about the much larger amount of new disturbance to the 50-100’ buffer zone.  Also, the new house would have 7 bedrooms while the existing cottage has 4, and there was some discussion about the larger amount of effluent as well as placement of the new leach field, which would be closer to the road.

Amy Usowski stated that she cannot recommend the platform and path that is proposed in the 0-50’ buffer to the Isolated Vegetated Wetland as it is new disturbance within the No Disturb Zone.  She mentioned perhaps if they wished to have a platform, that it might meet the regulations better if they were to put it within the footprint of the small cottage they are removing instead of disturbing new area.  The Commissioners agreed.

Jane Fleming thought it was a positive thing that they were building the new house farther back from the Top of Bank.  She agreed with Amy that there should not be a new viewing platform and trail around the Isolated Wetland, but that they might be able to put it where the small cottage to be demolished is. 

The commissioners asked if the trees to be removed on the bank could be flagged so they could have a better idea of where they are.  Amy mentioned that they need approval from NHESP, which they have not gotten yet and need prior to the Commission taking any action.  She would also like to see if they could make any of the patios more informal and more pervious, to decrease the amount of impervious disturbance on the lot.

Bob Hartwell expressed his concern in the large amount of increase of disturbance and structure in the 50-100’ buffer zone.

The applicants asked for a continuance until July 8, 2015.

Dean Hederstedt MOVED and Jane Fleming SECONDED to grant a continuance until July 8, 2015.   All in favor, motion carried.

8:35 PM  - Change in Plan

3 Wequassett Rd

Dan O’Leary of O’Leary Landscaping has requested a minor change in plan to the existing, active landscaping project.  They would like to add a wooden or stone retaining wall at the edge of the lawn area and walkway, as well as add an outdoor fire pit.  Some fill would need to be added to even out the grade in the lawn area, where no permanent irrigation is allowed. 

Jane Fleming MOVED and Bob Hartwell SECONDED allowing this small change in plan to the project.  All in favor, motion carried.

8:40 PM – Request for a Certificate of Compliance, SE 32-2136

57 Sugar Hill Drive

This was an application for an addition within the 50-100’ buffer to the Top of Coastal Bank and within the 100-200’ Outer Riparian Zone.  They had to plant 150 sq ft of highbush blueberry as mitigation.  Amy inspected, found the addition to be constructed accordingly and the plants to be surviving.  She recommended that the Conservation Commission issue the Certificate of Compliance.

Bob Hartwell MOVED and Jane Fleming SECONDED to issue a Certificate of Compliance.  All in favor, motion carried.

The Commissioners all thanked Jane Fleming for her time on the board.

8:45 PM – Jane Fleming MOVED and Bob Sarantis SECONDED to adjourn.  All in favor, meeting adjourned.

Minutes transcribed by Amy Usowski, Conservation Administrator

Audience in Attendance

Michael Lach – HCT

Caitrin Higgins

Lynne Hamlyn

David Little

Tom Lee

Mark Burgess

Nancy Meyer

Bob Duarte