Conservation Commission Meeting
HARWICH CONSERVATION COMMMISSION
WEDNESDAY - JULY 8, 2015
DONN B. GRIFFIN ROOM - HARWICH TOWN HALL
MINUTES
MEMBERS PRESENT: Walter Diggs, Chairman; Bradford Chase; Robert Hartwell; Robert Sarantis
MEMBERS ABSENT: Dean Hederstedt; John Rossetti
STAFF PRESENT: Amy Usowski, Conservation Administrator; Carol Genatossio, Executive Assistant
OTHERS PRESENT: Selectperson, Linda Cebula; Andrea Coates, MA DOT; Michael MacAskill; Carol Kucha Stone; Wayne Kucha Stone; Harry Ellis; Lon Dumont; Mike London; Allan Campbell; Donald Parker; Robert Meyer; Attorney Andrew Singer, Attorney James Stinson, and others
The meeting was called to order at 6:35 by Chairman Diggs.
Notice of Intent - Continuance
David and Kimberly Sterling, 2267 Route 28, Head of the Bay, Map 119, Parcel N6
Plan of Record: Site Plan Showing Proposed Dwelling
Signed and Stamped by: David A. Lyttle, P.L.S.
Date: 5/28/2015 Scale: 1" = 30'
Representative: David A. Lyttle, P.L.S.
Removal of dwelling, cottage, shed, and septic system. Construction of a 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.
The applicant's representative has requested a continuance to the meeting scheduled for July 22, 2015.
A motion was made by Robert Sarantis to grant the continuance to the meeting of July 22, 2015, seconded by Robert Hartwell; motion carried unanimously.
Order of Conditions
Bruce and Karen Stroever, 65 Sequattom Road, Map 101, Parcel V3-1
Installation of vinyl bulkhead in front of an existing deteriorating concrete bulkhead, clean sand backfill, seasonal access steps, tree removal
The Orders were reviewed by the Board and a motion was made by Bradford Chase to approve as is; seconded by Robert Hartwell; motion carried unanimously.
Request for Determination of Applicability
MA Dept. of Transportation, Route 6 Dennis/Harwich Town Line, easterly to Harwich/Brewster Town Line (approximately 4.9 miles)
Representative: Andrea Coates
Plan of Record: "Scope of Work" Dennis & Harwich Route 6 Resurfacing and Related Work (informational packet)
Signed and Stamped by: n/a Scale: n/a Date: n/a
Pavement milling, resurfacing and related items necessary to rehabilitate roadway; adjustment of existing catch basin frames and grates and general maintenance of drainage pipes and outlets.
Ms. Coates reviewed the proposal as well as best management practices with the Commission. Bradford Chase inquired as to whether the catch basins themselves would be replaced and Ms. Coates stated the project is in the "planning stage" and this can't be determined at this time. Robert Hartwell inquired as to the nature of the work and Ms. Coates explained this is annual cleaning. It was determined that it may be advantageous for a pre-construction meeting to occur with the Conservation Administrator. At issue was the fact that there are some steep slopes and the project's proximity to both the Herring River and Grassy Pond, thus the need for erosion controls. A condition is to be added to the final Determination stating that where the highway is near wetlands, (particularly the Herring River and Grassy Pond) and in areas of steep slopes straw bales shall be installed to prevent erosion and runoff, and they are to be removed at project completion. A motion was made by Robert Sarantis to issue a Negative 3 Determination, to include the above referenced condition, and to approve the per above referenced plan, seconded by Robert Hartwell; motion carried unanimously.
Notice of Intent
3 Guys LLC, 50 Marthas Lane, Map 43, Parcel B6-9
Representative: Lynne Whiting Hamlyn
Construction of a single family dwelling, deck, septic system, and driveway within the buffer zone to a bordering vegetated wetland.
The applicant’s representative requested to withdraw this application without prejudice. A motion was made by Robert Sarantis to grant the request for withdrawal without prejudice, seconded by Robert Hartwell; motion carried unanimously.
Notice of Intent
Douglas and Christy Godshall, 2A Sea Street, Map 7, Parcel D2
Representatives: Daniel Croteau, Moran Engineering Assoc. LLC; Harry Ellis, Builder; Attorney Andrew Singer
Plan of Record: Proposed Conditions Site Plan - 2
Signed and Stamped by: Daniel P. Croteau, P.E.
Scale: 1" = 20' Date: 6/20/2015
Move house 25 feet north from previously approved location to remove house from flood velocity zone; use section of existing foundation for patio location; install new septic system and necessary retaining wall; raise stone driveway and extend back up section 8 feet north; add retaining wall at north west parking edge; construct landscape retaining wall off front porch. Project located within the 100 year flood plain and land subject to coastal storm flowage.
Mr. Croteau reviewed the proposal with the Board and a lengthy discussion took place. The changes being proposed are required to what was previously approved to alleviate a zoning violation which occurred when house improvements went beyond the scope of what was originally requested, thus resulting in a zoning violation. Initially the project was for a renovation but the entire house was demolished. Attorney Singer explained that removal exceeding 51% of a structure is considered a "tear down" under Zoning Bylaws. A new building permit is required and because the work occurs within the Flood Plain, they must now build to "Flood Plain Standards" under the Building Code. By moving the structure 25' to the north it would put a small portion outside of the 50' buffer zone but still within the 100' buffer to the Coastal Dune and an Isolated Wetland. The deck on the south side is to be abandoned as this is not allowed in a V-zone and the area would be left alone so that it may become a dune again. The Conservation Administrator recommended beach grass also be planted in this area. The current foundation will be used for the installation of a pervious patio which is still site coverage within the 50' buffer. The leaching facility for the septic system will also have to be moved placing it in the relic dune area and closer to the Isolated Wetland northerly and the 50' buffer southerly. Board of Health approval will be required. The alternative would be to leave the house where it is and raise it 5' to meet Velocity Zone Flood Plain Requirements. It would then require zoning relief as it would exceed height limits set by the Town. Drywells are being proposed to contain roof runoff. Natural Heritage has not commented on this project yet. Robert Hartwell inquired about dune plantings and the Conservation Administrator offered information relative to clearing protocol and favorable species for that area. Also at issue was ascertaining that the drywells were shown on a revised plan. Robert Sarantis inquired as to whether an outdoor shower was being proposed and Mr. Croteau stated that there is no plan for one. It was determined that the material for the patio if allowed would need to be pervious. Abutter Alan Campbell spoke in opposition to the project stating that what is being proposed is much more significant than what was previously approved, and that moss has been destroyed on top of the dunes and the plans don't meet specifications. Mr. Croteau stated that the plans which were originally presented met requirements at the time. The issue regarding an increase in disturbance of the area under jurisdiction of the Commission remains a concern. It was determined that a revised plan shall be submitted addressing concerns of the Board. A motion was made by Bradford Chase to continue the hearing to the meeting scheduled for July 22, 2015, seconded by Robert Sarantis; motion carried unanimously.
Notice of Intent
James A. Peterson, Trustee, 429 Route 28, Map 13, Parcel H1-B
Representative: Daniel P. Croteau, Moran Engineering LLC
Plan of Record: Proposed Garage Location Site Plan
Signed & Stamped by: Daniel P. Croteau, P.E.
Dated: 6/19/2015 Scale: 1" = 30'
Remove existing 4-bay garage building and construct a new 3-bay garage building Installation of tight tank for garage floor drains. Project located within the 100 yr. flood plain and a riverfront area.
Mr. Croteau presented the proposal to the Commission. This structure is very old. It is not up to either Health or Conservation codes so it is an upgrade environmentally. The proposal is for the building to be a little smaller and a little bit farther from the wetland. Roof run off issues were addressed with drywells being agreed upon. Issues were raised about the area being littered with debris. Atty. James Stinson clarified the law on "re-building" requirements. A motion was made by Robert Sarantis to approve the project per the above referenced plan; seconded by Bradford Chase; motion carried unanimously.
Discussion
Bells Neck Conservation Area - Hunting
At issue is hunting in the Bells Neck Conservation Area. An article to ban hunting in the area was brought to the May Town Meeting of 2015 but was defeated. The Commission agreed to hold the hearing to re-examine the issue. The Conservation Administrator has researched the deeds and found that there is nowhere in the deeds that allows or does not allow hunting to occur in the area. Agreed upon by all is the issue of trash, mainly liquor containers, household trash and debris, used syringes, shotgun shells etc. Wayne Kucha-Stone and his wife Carol spend a good deal of time policing the area and picking up much debris. They believe the area is too small for hunting. Mike London of Cape Cod Fish and Game spoke in favor of hunting in the area stating that there is enough acreage to accommodate the activity, and suggested his group would be amenable to participate in a “clean-up" of the area. The group had also offered to buy trash cans but the Highway Department is not willing to add extra pick up areas to an already tight schedule. Robert Brothers of Cape Cod Fish and Game spoke in favor of hunting and thinks that the area can be taken care of if people work together. Peter Donovan grew up on the Cape. His son fishes and hunts there and he feels that the hunters are not responsible for all of the alcohol containers and trash that is left behind. Robert Hartwell agreed that citizens who use the trail during daylight hours are less likely to contribute to the litter - the debris comes after dark; and suggested another "Tour de Trash" could be arranged. Robert Sarantis also agreed that the hunters are not entirely to blame for the litter problem. Bradford Chase commented that hunting is a traditional use, and he respects both sides; but the area needs to be managed better. Both sides have legitimate points, and it is okay to have different opinions. David Nixon asked if the Commission has the ability to write an article for Community Preservation Act funds for the purchase of receptacles and that the solar compacting type might be good for the area. Amy Usowski stated that she has received a Land Management Grant notification from Barnstable County and is planning to seek funding for receptacles through that program. It was also suggested that it may be beneficial to invite the new Police Chief to a meeting to address the issues associated with this area. Walter Diggs thanked the Hunting Club and all others who came forward for support and help on this issue. Resolution to the issues shall be on-going.
Minutes
June 17, 2015
Robert Sarantis made the motion to approve the minutes, seconded by Bradford Chase; motion carried unanimously.
A motion was made by Bradford Chase to adjourn the meeting at 8:58 p.m., seconded by Robert Hartwell; motion carried unanimously.
Respectfully submitted,
Carol Genatossio
Executive Assistant
Harwich Conservation Department