Chatham Conservation Commission The Annex ... - Town to Chatham
Chatham Conservation Commission The Annex ... - Town to Chatham
Chatham Conservation Commission The Annex ... - Town to Chatham
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<strong>Chatham</strong> <strong>Conservation</strong> <strong>Commission</strong><br />
<strong>The</strong> <strong>Annex</strong> 261 George Ryder Road<br />
MINUTES June 11, 2008<br />
4:00 PM Work Session & Continued Hearings<br />
Page 1 of 6<br />
A quorum was present. Those in attendance included Chairman Paul Chamberlin, Nat<br />
Mason, Corinne Johnson, Eric Hilbert, Jay Putnam, Associate Billie Bates, <strong>Conservation</strong><br />
Agent Kristin Andres and Secretary Mary Fougere. <strong>Commission</strong>er Carol Scott was<br />
absent.<br />
103 Wapoos Trail, Mark Brown: Matthew Bober, Esquire represented Mark Brown <strong>to</strong><br />
review progress in the litigation regarding the removal of trees from an abutters property<br />
without a valid wetlands permit. He reported that as of June 4, 2008 Mr. Brown has<br />
planted additional trees in the area and has deposited a $10, 000 performance bond. Mr<br />
Brown is scheduled <strong>to</strong> appear in court on June 20 with his at<strong>to</strong>rney <strong>to</strong> review the status of<br />
the res<strong>to</strong>ration plantings and address the on-going ticketing from the <strong>Commission</strong>.<br />
Ms Andres reviewed the status of the res<strong>to</strong>ration plantings:<br />
♦ Three 5-6 ft cedars were bought and paid for and planted in early spring. <strong>The</strong>y do<br />
not appear <strong>to</strong> be thriving, although Mr. Bober has stated that Mr. Brown has now<br />
supplied water <strong>to</strong> the area.<br />
♦ <strong>The</strong> oaks were dug from the wild and were transplanted recently. <strong>The</strong>re are no<br />
leaves on any of the newly planted shrubs and the oaks are minimally leafed out.<br />
Pho<strong>to</strong>graphs of the planted areas were circulated by Mr. Bober.<br />
♦ Mr. Brown has not provided any proof that he has hired a qualified professional <strong>to</strong><br />
provide moni<strong>to</strong>ring reports twice a year <strong>to</strong> the <strong>Commission</strong>, although Mr. Bober<br />
stated that Mr. Brown has contacted three arborists.<br />
♦ Currently, Mr. Brown is barely in compliance with the Enforcement Order;<br />
however the initial schedule of bond release may change from the original given<br />
the lack of quality of the res<strong>to</strong>ration plants and the current expectation of them <strong>to</strong><br />
survive. <strong>Commission</strong>er Hilbert stated that it is extremely difficult for transplanted<br />
oaks <strong>to</strong> survive.<br />
<strong>Chatham</strong> Bars Inn, SE 10-2368: Sean Riley of Coastal Engineering Company, Inc and<br />
Paul Zuest, General Manager of <strong>Chatham</strong> Bars Inn were present <strong>to</strong> respond <strong>to</strong> a series of<br />
violations involving the installation of the approved dock and float under SE 10-2368<br />
After an on-site inspection on May 30, 2008, Ms Andres issued a letter dated June 2,<br />
2008, listing the Special Conditions that had not been met.<br />
In a letter dated June 4, 2008, Roy Okurowski, PE of Coastal Engineering Company Inc<br />
addressed the points of concern. MR Riley and Mr. Zuest reviewed the letter and<br />
addressed the points of concern.<br />
As a result of failure <strong>to</strong> comply with 8 of the special conditions issued by the<br />
<strong>Conservation</strong> <strong>Commission</strong> for the permission <strong>to</strong> install a seasonal pier, tickets amounting<br />
<strong>to</strong> $2400.00 were issued. Mr. Zuest and MR riley stated that they are endeavoring <strong>to</strong> do a<br />
better job going forward. <strong>The</strong>y agreed with the <strong>Commission</strong> that they were the contact
<strong>Chatham</strong> <strong>Conservation</strong> <strong>Commission</strong><br />
<strong>The</strong> <strong>Annex</strong> 261 George Ryder Road<br />
MINUTES June 11, 2008<br />
4:00 PM Work Session & Continued Hearings<br />
Page 2 of 6<br />
people and project site managers for the pier installation and various other projects at the<br />
Inn. Ms Andres would be able <strong>to</strong> contact them directly in the future.<br />
After further discussion, the <strong>Commission</strong> agreed <strong>to</strong> reduce the violation fines from<br />
$2400.00 <strong>to</strong> $1150.00, with a breakdown as follows: #300.00/for each of the violations<br />
listed in the June 2 letter A1, A2 and A3 and $50.00 each for a4, A5, B3, B5 and C1. It<br />
was felt that if the first three items had not been violated, the rest of the occurrences<br />
probably would have been prevented.<br />
178 Strong Island Road, David Doherty-applicant, Collins Family Realty Trus<strong>to</strong>wner,<br />
SE 10-2463: <strong>The</strong> hearing was re-opened for a Notice of Intent (NOI) for the<br />
proposed upgrade <strong>to</strong> existing Title 5 septic system at 178 Strong Island Road. A file<br />
number had been received from the DEP; it was moved, seconded and voted <strong>to</strong> close<br />
the hearing.<br />
178 Strong Island Road, Collins, SE 10-2463: It was moved, seconded and voted <strong>to</strong><br />
approve the Clark Engineering LLC for the upgrade of a septic system at the above<br />
address. An Order of Conditions was written.<br />
Mill Pond off Dusty Miller Lane and Mill Farm Lane, <strong>Chatham</strong> Water Department<br />
–applicant, <strong>Town</strong> of <strong>Chatham</strong> –owner, SE 10-2465: <strong>The</strong> hearing was re-opened for an<br />
NOI for receipt of a file number from DEP for proposed installation of observation well<br />
associated with proposed <strong>to</strong>wn water supply well at Mill Pond off Dusty Miller Lane and<br />
Mill Farm Lane. A file number was received; it was moved, seconded and voted <strong>to</strong><br />
close the hearing.<br />
Mill Pond off Dusty Miller etc, <strong>Chatham</strong> Water Department, SE 10-2465: It was<br />
moved, seconded and voted <strong>to</strong> approve the aerial pho<strong>to</strong>graph “ Figure 2-Site Plan-<br />
Proposed Mill Pond well Site, <strong>Chatham</strong> MA” for the after- the- fact construction of an<br />
observation well at the above address. An Order of Conditions was written.<br />
Shore Rd & Claflin Lndg, CBI, SE 10-2452: It was moved, seconded and voted <strong>to</strong><br />
accept the Coastal Engineering Company Inc Plan dated August 20, 2007 revised<br />
February 23, 2008 and the Architects 33 plan entitled “Pier & Dock A-01” dated March<br />
17, 2008 revised May 12, 2008 for the installation of utilities at the pier on Shore Road.<br />
An Order of Conditions was written.<br />
286 Shore Road & Claflin Landing, CBI, SE 10-2433: It was moved, seconded and<br />
voted <strong>to</strong> approve the Coastal Engineering Company Inc plan dated March 17, 2008<br />
revised April 7, 2008 and the “Beach Maintenance & Cleanup Plan” for the beach raking<br />
and installation of walkways at 286 Shore Road. An Order of Conditions was written.<br />
Holway Street, <strong>Town</strong> of <strong>Chatham</strong>, SE 10-2457: It was moved, seconded and voted <strong>to</strong><br />
approve the Coastal Engineering Company, Inc License Plan #11618 (set of plans) for
<strong>Chatham</strong> <strong>Conservation</strong> <strong>Commission</strong><br />
<strong>The</strong> <strong>Annex</strong> 261 George Ryder Road<br />
MINUTES June 11, 2008<br />
4:00 PM Work Session & Continued Hearings<br />
Page 3 of 6<br />
proposed repairs <strong>to</strong> an existing revetment at the end of Holway Street. An Order of<br />
Conditions was written<br />
85 Wapoos Trail, Frank Andrew/Frances deGanahl, SE 10-2455: It was moved,<br />
seconded and voted <strong>to</strong> approve the Ryder & Wilcox Inc site plan dated March 5, 2008 for<br />
view pruning and invasive removal at 85 Wapoos Trail. An Order of Conditions was<br />
written.<br />
185 Balfour Lane, Wohl, SE 10-2353: It was moved, seconded and voted <strong>to</strong> approve the<br />
Coastal Engineering Company Inc C2.2.1 plan dated July 30, 2007 revised May 22, 2008<br />
for renovations <strong>to</strong> an existing dwelling at 185 Balfour Lane. An Order of Conditions<br />
was written.<br />
159 Tide Mill Lane, Stello, SE 10: <strong>The</strong> <strong>Commission</strong> reviewed the draft document<br />
denying the pier ramp and float and approving the vista pruning, catwalk, and stairway<br />
down the coastal bank at 159 Tide Mill Lane. It was moved, seconded and voted <strong>to</strong><br />
accept the draft as the final document.<br />
79 Barcliff Ave, Gardner, SE 10-: <strong>The</strong> ZBA had requested comment on the proposal<br />
for 79 Barcliff Avenue. <strong>The</strong> <strong>Commission</strong> reviewed the Clark Engineering plan dated<br />
April 8, 2008 for the replacement of existing stairs down an Inland Bank and the<br />
construction of a catwalk for access <strong>to</strong> Black Pond at the above address.<br />
All proposed work is within an inland conservancy district and within a Bordering<br />
Vegetated Wetland (BVW) fronting Black Pond.<br />
<strong>The</strong> timber stairs are <strong>to</strong> be replaced in kind in theire current location. <strong>The</strong> proposed<br />
catwalk is <strong>to</strong> be 3-ft wide, 48 ft long and will be elevated above the wetland on helical<br />
piers. It will end just short of the edge of the pond with two cantilevered benches.<br />
<strong>The</strong> area of the proposed catwalk is currently an established, but overgrown, path with<br />
planks placed on the wetland substrate. As mitigation for the wrok in the wetland, the<br />
applicant will remove the planks and remove an old, decrepit shack from the wetland.<br />
<strong>The</strong> <strong>Commission</strong> finds that this project can be conditioned <strong>to</strong> avoid adverse impact <strong>to</strong> the<br />
BVW.<br />
286-296 Shore Rd, CBI, SE 10- <strong>The</strong> ZBa had requested comment on the proposal for<br />
installation of utilities at 286-296 Shore Road. <strong>The</strong> <strong>Commission</strong> has reviewed the Coastal<br />
Engineering Company Inc plan dated August 20, 2007, revised February 23, 2008, for the<br />
proposed installation of water and power lines <strong>to</strong> end upon a recently permitted seasonal<br />
pier at the above address.<br />
All proposed work is within coastal dune, coastal beach and over Land Under the Ocean.
<strong>Chatham</strong> <strong>Conservation</strong> <strong>Commission</strong><br />
<strong>The</strong> <strong>Annex</strong> 261 George Ryder Road<br />
MINUTES June 11, 2008<br />
4:00 PM Work Session & Continued Hearings<br />
Page 4 of 6<br />
Both the water and power lines are <strong>to</strong> be dug in from the pool area, through a coastal<br />
dune area following an existing path and will terminate in a junction box above mean<br />
high water (MHW). This will be a one-time permanent installation.<br />
Water and power lines from the junction box <strong>to</strong> the pier will be dug in seasonally each<br />
time the pier is installed. <strong>The</strong> purpose of the power lines is <strong>to</strong> supply the Inn’s boats<br />
electrical amenities between trips and <strong>to</strong> install lighting on the pier.<br />
Since the pier was not intended <strong>to</strong> be used at night, the <strong>Commission</strong> questioned the need<br />
for lighting which is not generally permitted within a primary resource area. Artificial<br />
lighting in the inter-tidal and near-shore areas is known <strong>to</strong> disrupt the normal activity of<br />
marine animals which depend upon theses areas for breeding.<br />
<strong>The</strong> <strong>Commission</strong> was willing <strong>to</strong> discuss minimal lighting on a trip switch should<br />
someone access the pier at night. However, the applicant decided <strong>to</strong> withdraw the lighting<br />
of the pier from their proposal, and the <strong>Commission</strong> closed the hearing.<br />
149 Deep Hole Road, Terry, SE 10-: Jay Putnam will draft a comment letter, after<br />
review of he one sent in February 2008.<br />
Approval of Minutes: <strong>The</strong> minutes of April 2, 2008 and April 30, 2008 were approved<br />
as amended at the table.<br />
235 Vineyard Ave, McLean, SE 10-2258: A Certificate of Compliance was signed for<br />
the completion of view pruning and removal of invasives at 235 Vineyard Ave.<br />
35 Watch Hill Way, Merselis, SE 10-2029: A Certificate of Compliance was signed for<br />
the completion of work at 35 Watch Hill Way.<br />
37 Bucks Lane, Wilson, SE 10-2255: A Certificate of Compliance was signed.<br />
208 Crow’s Pond Rd, Sheridan, SE 10-: A Certificate of Compliance was signed.<br />
500 Shore Road, Geary, SE 10-2177: A Certificate of Compliance was signed.<br />
1015 Orleans Road, Gadbois: MS Andres was in receipt of a landscape sketch showing<br />
the size and location of trees that had been removed without a valid wetlands permit.<br />
10 Sedge Lane, Glass: <strong>Commission</strong>er Corinne Johnson was recused from the discussion.<br />
<strong>The</strong> <strong>Commission</strong> was in receipt of a copy of a letter sent by William Riley, Esq <strong>to</strong> Jim<br />
Mahala at the DEP. <strong>The</strong> Glass family want <strong>to</strong> install a rock revetment similar <strong>to</strong> the one<br />
on the adjacent property and have filed a request for a Superceding Order <strong>to</strong> the DEP.. In<br />
the letter, Mr Riley suggests that the applicant would be happy with a revetment lower in
<strong>Chatham</strong> <strong>Conservation</strong> <strong>Commission</strong><br />
<strong>The</strong> <strong>Annex</strong> 261 George Ryder Road<br />
MINUTES June 11, 2008<br />
4:00 PM Work Session & Continued Hearings<br />
Page 5 of 6<br />
height than the one requested in the application <strong>to</strong> the <strong>Commission</strong>. <strong>The</strong> Glass dwelling is<br />
not in danger and the the property is within the ACEC.<br />
Ms Andres noted that there are no records indicating permission was obtained by the<br />
neighbor <strong>to</strong> construct the rock revetment.<br />
69 Morris Island Road, Clark , SE 10-: Ms Andres circulated pho<strong>to</strong>graphs of the newly<br />
planted bank area at 69 Morris Island road. <strong>The</strong> area had been cleared of invasives<br />
months ago and it was expected that the new plantings would be of substantial size and<br />
spacing <strong>to</strong> provide a res<strong>to</strong>red area of habitat.<br />
<strong>The</strong> <strong>Commission</strong> expressed that they were unhappy with the newly planted area in that it<br />
was not substantial enough and did not provide habitat cover or enhance existing wildlife<br />
areas. MS Andres would review the approved landscape plan.<br />
368 Seapine Road: Ms Andres circulated pho<strong>to</strong>graphs of the existing coastal bank and<br />
beach indicating that Coastal Engineering Company would like <strong>to</strong> add jute matting on<br />
beach as detailed in their letter.<br />
<strong>The</strong> <strong>Commission</strong> agreed that the beach nourishment could proceed without the addition<br />
of the matting.<br />
325 Fox Hill Road, Eastward Ho! Coastal Engineering has submitted a request <strong>to</strong> install<br />
a tide gauge at Eastward Ho Country Club in North <strong>Chatham</strong>. <strong>The</strong> <strong>Commission</strong> agreed<br />
the project could proceeed as detailed in the letter.<br />
24 Nickerson Lane, Tarrant: <strong>The</strong> applicants wish <strong>to</strong> plant a combination of Leylandi<br />
Cypress and Black pine as a view barrier at their property at 24 Nickerson Lane under an<br />
Administrative Review. It was noted that the Leyland Cypress are outlawed in other parts<br />
of the world due <strong>to</strong> the obstructions they cause because of the rapid growth and height .<br />
<strong>The</strong> <strong>Commission</strong> agreed that Leylands may be [planted in areas more than 50-ft from the<br />
resource area, however native species are preferred. Any planting within 50- ft of the<br />
coastal bank must be native species.<br />
34 Diane Drive, Reed/Buffa, SE 10-: Ms Andres had received a response for the<br />
violation letter sent <strong>to</strong> the Reed/Buffas regarding the planting and installation of irrigation<br />
over their property line in<strong>to</strong> the S<strong>to</strong>ugh<strong>to</strong>n Lane road lay-out.<br />
15 Edgewater Drive, Loomis: <strong>The</strong> <strong>Commission</strong> reviewed a request under an<br />
Administrative Review <strong>to</strong> plant several Leyland Cypress that would act as a screening<br />
against construction at 15 Edgewater Drive. <strong>The</strong> <strong>Commission</strong> agreed that native species<br />
are preferred ion the resource areas. White Pines are suggested.
<strong>Chatham</strong> <strong>Conservation</strong> <strong>Commission</strong><br />
<strong>The</strong> <strong>Annex</strong> 261 George Ryder Road<br />
MINUTES June 11, 2008<br />
4:00 PM Work Session & Continued Hearings<br />
Page 6 of 6<br />
Discussion re: meeting with <strong>Town</strong> Counsel: Ms Andres reviewed the discussion<br />
between <strong>Town</strong> Counsel and three <strong>Commission</strong>ers regarding matters of potential litigation<br />
Adjournment: It was moved, seconded and voted <strong>to</strong> adjourn the meeting at 6:45 PM.<br />
Respectfully submitted,<br />
Mary Fougere, Secretary