Chatham Conservation Commission The Annex ... - Town to Chatham

Chatham Conservation Commission
The Annex 261 George Ryder Road
MINUTES June 11, 2008
4:00 PM Work Session & Continued Hearings
Page 1 of 6
A quorum was present. Those in attendance included Chairman Paul Chamberlin, Nat
Mason, Corinne Johnson, Eric Hilbert, Jay Putnam, Associate Billie Bates, Conservation
Agent Kristin Andres and Secretary Mary Fougere. Commissioner Carol Scott was
absent.
103 Wapoos Trail, Mark Brown: Matthew Bober, Esquire represented Mark Brown to
review progress in the litigation regarding the removal of trees from an abutters property
without a valid wetlands permit. He reported that as of June 4, 2008 Mr. Brown has
planted additional trees in the area and has deposited a $10, 000 performance bond. Mr
Brown is scheduled to appear in court on June 20 with his attorney to review the status of
the restoration plantings and address the on-going ticketing from the Commission.
Ms Andres reviewed the status of the restoration plantings:
♦ Three 5-6 ft cedars were bought and paid for and planted in early spring. They do
not appear to be thriving, although Mr. Bober has stated that Mr. Brown has now
supplied water to the area.
♦ The oaks were dug from the wild and were transplanted recently. There are no
leaves on any of the newly planted shrubs and the oaks are minimally leafed out.
Photographs of the planted areas were circulated by Mr. Bober.
♦ Mr. Brown has not provided any proof that he has hired a qualified professional to
provide monitoring reports twice a year to the Commission, although Mr. Bober
stated that Mr. Brown has contacted three arborists.
♦ Currently, Mr. Brown is barely in compliance with the Enforcement Order;
however the initial schedule of bond release may change from the original given
the lack of quality of the restoration plants and the current expectation of them to
survive. Commissioner Hilbert stated that it is extremely difficult for transplanted
oaks to survive.
Chatham Bars Inn, SE 10-2368: Sean Riley of Coastal Engineering Company, Inc and
Paul Zuest, General Manager of Chatham Bars Inn were present to respond to a series of
violations involving the installation of the approved dock and float under SE 10-2368
After an on-site inspection on May 30, 2008, Ms Andres issued a letter dated June 2,
2008, listing the Special Conditions that had not been met.
In a letter dated June 4, 2008, Roy Okurowski, PE of Coastal Engineering Company Inc
addressed the points of concern. MR Riley and Mr. Zuest reviewed the letter and
addressed the points of concern.
As a result of failure to comply with 8 of the special conditions issued by the
Conservation Commission for the permission to install a seasonal pier, tickets amounting
to $2400.00 were issued. Mr. Zuest and MR riley stated that they are endeavoring to do a
better job going forward. They agreed with the Commission that they were the contact

Chatham Conservation Commission
The Annex 261 George Ryder Road
MINUTES June 11, 2008
4:00 PM Work Session & Continued Hearings
Page 2 of 6
people and project site managers for the pier installation and various other projects at the
Inn. Ms Andres would be able to contact them directly in the future.
After further discussion, the Commission agreed to reduce the violation fines from
$2400.00 to $1150.00, with a breakdown as follows: #300.00/for each of the violations
listed in the June 2 letter A1, A2 and A3 and $50.00 each for a4, A5, B3, B5 and C1. It
was felt that if the first three items had not been violated, the rest of the occurrences
probably would have been prevented.
178 Strong Island Road, David Doherty-applicant, Collins Family Realty Trustowner,
SE 10-2463: The hearing was re-opened for a Notice of Intent (NOI) for the
proposed upgrade to existing Title 5 septic system at 178 Strong Island Road. A file
number had been received from the DEP; it was moved, seconded and voted to close
the hearing.
178 Strong Island Road, Collins, SE 10-2463: It was moved, seconded and voted to
approve the Clark Engineering LLC for the upgrade of a septic system at the above
address. An Order of Conditions was written.
Mill Pond off Dusty Miller Lane and Mill Farm Lane, Chatham Water Department
–applicant, Town of Chatham –owner, SE 10-2465: The hearing was re-opened for an
NOI for receipt of a file number from DEP for proposed installation of observation well
associated with proposed town water supply well at Mill Pond off Dusty Miller Lane and
Mill Farm Lane. A file number was received; it was moved, seconded and voted to
close the hearing.
Mill Pond off Dusty Miller etc, Chatham Water Department, SE 10-2465: It was
moved, seconded and voted to approve the aerial photograph “ Figure 2-Site Plan-
Proposed Mill Pond well Site, Chatham MA” for the after- the- fact construction of an
observation well at the above address. An Order of Conditions was written.
Shore Rd & Claflin Lndg, CBI, SE 10-2452: It was moved, seconded and voted to
accept the Coastal Engineering Company Inc Plan dated August 20, 2007 revised
February 23, 2008 and the Architects 33 plan entitled “Pier & Dock A-01” dated March
17, 2008 revised May 12, 2008 for the installation of utilities at the pier on Shore Road.
An Order of Conditions was written.
286 Shore Road & Claflin Landing, CBI, SE 10-2433: It was moved, seconded and
voted to approve the Coastal Engineering Company Inc plan dated March 17, 2008
revised April 7, 2008 and the “Beach Maintenance & Cleanup Plan” for the beach raking
and installation of walkways at 286 Shore Road. An Order of Conditions was written.
Holway Street, Town of Chatham, SE 10-2457: It was moved, seconded and voted to
approve the Coastal Engineering Company, Inc License Plan #11618 (set of plans) for

Chatham Conservation Commission
The Annex 261 George Ryder Road
MINUTES June 11, 2008
4:00 PM Work Session & Continued Hearings
Page 3 of 6
proposed repairs to an existing revetment at the end of Holway Street. An Order of
Conditions was written
85 Wapoos Trail, Frank Andrew/Frances deGanahl, SE 10-2455: It was moved,
seconded and voted to approve the Ryder & Wilcox Inc site plan dated March 5, 2008 for
view pruning and invasive removal at 85 Wapoos Trail. An Order of Conditions was
written.
185 Balfour Lane, Wohl, SE 10-2353: It was moved, seconded and voted to approve the
Coastal Engineering Company Inc C2.2.1 plan dated July 30, 2007 revised May 22, 2008
for renovations to an existing dwelling at 185 Balfour Lane. An Order of Conditions
was written.
159 Tide Mill Lane, Stello, SE 10: The Commission reviewed the draft document
denying the pier ramp and float and approving the vista pruning, catwalk, and stairway
down the coastal bank at 159 Tide Mill Lane. It was moved, seconded and voted to
accept the draft as the final document.
79 Barcliff Ave, Gardner, SE 10-: The ZBA had requested comment on the proposal
for 79 Barcliff Avenue. The Commission reviewed the Clark Engineering plan dated
April 8, 2008 for the replacement of existing stairs down an Inland Bank and the
construction of a catwalk for access to Black Pond at the above address.
All proposed work is within an inland conservancy district and within a Bordering
Vegetated Wetland (BVW) fronting Black Pond.
The timber stairs are to be replaced in kind in theire current location. The proposed
catwalk is to be 3-ft wide, 48 ft long and will be elevated above the wetland on helical
piers. It will end just short of the edge of the pond with two cantilevered benches.
The area of the proposed catwalk is currently an established, but overgrown, path with
planks placed on the wetland substrate. As mitigation for the wrok in the wetland, the
applicant will remove the planks and remove an old, decrepit shack from the wetland.
The Commission finds that this project can be conditioned to avoid adverse impact to the
BVW.
286-296 Shore Rd, CBI, SE 10- The ZBa had requested comment on the proposal for
installation of utilities at 286-296 Shore Road. The Commission has reviewed the Coastal
Engineering Company Inc plan dated August 20, 2007, revised February 23, 2008, for the
proposed installation of water and power lines to end upon a recently permitted seasonal
pier at the above address.
All proposed work is within coastal dune, coastal beach and over Land Under the Ocean.

Chatham Conservation Commission
The Annex 261 George Ryder Road
MINUTES June 11, 2008
4:00 PM Work Session & Continued Hearings
Page 4 of 6
Both the water and power lines are to be dug in from the pool area, through a coastal
dune area following an existing path and will terminate in a junction box above mean
high water (MHW). This will be a one-time permanent installation.
Water and power lines from the junction box to the pier will be dug in seasonally each
time the pier is installed. The purpose of the power lines is to supply the Inn’s boats
electrical amenities between trips and to install lighting on the pier.
Since the pier was not intended to be used at night, the Commission questioned the need
for lighting which is not generally permitted within a primary resource area. Artificial
lighting in the inter-tidal and near-shore areas is known to disrupt the normal activity of
marine animals which depend upon theses areas for breeding.
The Commission was willing to discuss minimal lighting on a trip switch should
someone access the pier at night. However, the applicant decided to withdraw the lighting
of the pier from their proposal, and the Commission closed the hearing.
149 Deep Hole Road, Terry, SE 10-: Jay Putnam will draft a comment letter, after
review of he one sent in February 2008.
Approval of Minutes: The minutes of April 2, 2008 and April 30, 2008 were approved
as amended at the table.
235 Vineyard Ave, McLean, SE 10-2258: A Certificate of Compliance was signed for
the completion of view pruning and removal of invasives at 235 Vineyard Ave.
35 Watch Hill Way, Merselis, SE 10-2029: A Certificate of Compliance was signed for
the completion of work at 35 Watch Hill Way.
37 Bucks Lane, Wilson, SE 10-2255: A Certificate of Compliance was signed.
208 Crow’s Pond Rd, Sheridan, SE 10-: A Certificate of Compliance was signed.
500 Shore Road, Geary, SE 10-2177: A Certificate of Compliance was signed.
1015 Orleans Road, Gadbois: MS Andres was in receipt of a landscape sketch showing
the size and location of trees that had been removed without a valid wetlands permit.
10 Sedge Lane, Glass: Commissioner Corinne Johnson was recused from the discussion.
The Commission was in receipt of a copy of a letter sent by William Riley, Esq to Jim
Mahala at the DEP. The Glass family want to install a rock revetment similar to the one
on the adjacent property and have filed a request for a Superceding Order to the DEP.. In
the letter, Mr Riley suggests that the applicant would be happy with a revetment lower in

Chatham Conservation Commission
The Annex 261 George Ryder Road
MINUTES June 11, 2008
4:00 PM Work Session & Continued Hearings
Page 5 of 6
height than the one requested in the application to the Commission. The Glass dwelling is
not in danger and the the property is within the ACEC.
Ms Andres noted that there are no records indicating permission was obtained by the
neighbor to construct the rock revetment.
69 Morris Island Road, Clark , SE 10-: Ms Andres circulated photographs of the newly
planted bank area at 69 Morris Island road. The area had been cleared of invasives
months ago and it was expected that the new plantings would be of substantial size and
spacing to provide a restored area of habitat.
The Commission expressed that they were unhappy with the newly planted area in that it
was not substantial enough and did not provide habitat cover or enhance existing wildlife
areas. MS Andres would review the approved landscape plan.
368 Seapine Road: Ms Andres circulated photographs of the existing coastal bank and
beach indicating that Coastal Engineering Company would like to add jute matting on
beach as detailed in their letter.
The Commission agreed that the beach nourishment could proceed without the addition
of the matting.
325 Fox Hill Road, Eastward Ho! Coastal Engineering has submitted a request to install
a tide gauge at Eastward Ho Country Club in North Chatham. The Commission agreed
the project could proceeed as detailed in the letter.
24 Nickerson Lane, Tarrant: The applicants wish to plant a combination of Leylandi
Cypress and Black pine as a view barrier at their property at 24 Nickerson Lane under an
Administrative Review. It was noted that the Leyland Cypress are outlawed in other parts
of the world due to the obstructions they cause because of the rapid growth and height .
The Commission agreed that Leylands may be [planted in areas more than 50-ft from the
resource area, however native species are preferred. Any planting within 50- ft of the
coastal bank must be native species.
34 Diane Drive, Reed/Buffa, SE 10-: Ms Andres had received a response for the
violation letter sent to the Reed/Buffas regarding the planting and installation of irrigation
over their property line into the Stoughton Lane road lay-out.
15 Edgewater Drive, Loomis: The Commission reviewed a request under an
Administrative Review to plant several Leyland Cypress that would act as a screening
against construction at 15 Edgewater Drive. The Commission agreed that native species
are preferred ion the resource areas. White Pines are suggested.

Chatham Conservation Commission
The Annex 261 George Ryder Road
MINUTES June 11, 2008
4:00 PM Work Session & Continued Hearings
Page 6 of 6
Discussion re: meeting with Town Counsel: Ms Andres reviewed the discussion
between Town Counsel and three Commissioners regarding matters of potential litigation
Adjournment: It was moved, seconded and voted to adjourn the meeting at 6:45 PM.
Respectfully submitted,
Mary Fougere, Secretary