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Conservation Commission Minutes 02/22/2011 Work Session












Work Session
February 22, 2011
Commissioners Present: Chairman Stephen Smith, Sandra Larsen, Linda Haspel, Steven LaBranche, and Vivien Cook.

Staff Present: Natural Resources Officer Amy Usowski, Shana Broan Administrative Assistant

Also Present: Timothy Brady of East Cape Engineering, Attorney Ben Zehnder.

6:00PM
Chairman Smith announced the meeting.
Ben Zehnder and Tim Brady were present at the meeting for MAF Realty, 15 Shurtleff Road, DEP SE 19-1387, to discuss an Order of Conditions of December 15th for Shurtleff Road and the condition said not only put down 110 cubic yards of sand but also replace sand when the benchmark is exposed. The applicant has no problem installing a benchmark, Ben Zehnder wanted to go back to the DVD of the recorded meeting but the recording stopped after two hours of the meeting and the applicant’s hearing was after the recording stopped so he wanted to ask the Commission what they recalled. Amy Usowski asked what the purpose of a benchmark was if they are not using it to maintain fill. Tim Brady replied that it was just as a visual to monitor and the board needs reassurance that if the benchmark is uncovered and there is erosion that more fill will be added. Tim Brady said that what he can remember is when he left the meeting; the applicant was to nourish 110 cubic yards annually.

 The Commission wondered if they would re vote on the subject, but Amy informed them that they were not in a public meeting so no voting could occur. Linda Haspel said she remembers being troubled by the project because of the amount of erosion that occurs at the Thumpertown area and she wouldn’t have voted if the benchmark was not there and it’s not unfair to ask the homeowner to fix and the board tries to make decisions to protect the environment. Ben Zehnder replied that the conditions they heard was the nourishment requirement and suggested they condition that the board has the right to review the erosion and nourishment anytime and then talk with the homeowner about it.

Stephen Smith noted that the erosion is high in the area and it is effecting Thumpertown beach which is going to be sandwiched by revetments and if three nor’easters come in 2 weeks they are going to need a lot more than 110 cubic yards of sand and there won’t be enough time to go back and look at erosion rates if the beach is in trouble.

Sandra Larsen asked Amy Usowski what she remembered from the meeting and she replied she knew she would have to look at the benchmark for monitoring. Ben Zehnder said he remembered that but thought that is was a warning, not that they would have to put down more sand automatically. Tim Brady added that the homeowner has been there for years and they are fine with the fixed nourishment amount and they have no problem with submitting a yearly log. The Commission agreed to omit the last sentence of the orders of conditions #26 Annual Beach Nourishment Requirements which said “if the benchmark ever becomes exposed even if 110 have been added annually, more sand must be added.” Amy Usowski changed the wording of the first sentences to say “The southern end of the revetment is to be covered annually with 110 cubic yards of clean, course beach sand. If the toe stones of the revetment are to become exposed then the beach level needs to be brought back to pre-construction level regardless of whether the 110 yards of annual sand has been added.”

6:50PM
Minutes Approval
November 23, 2010
Linda Haspel MOVED to approve the minutes, Vivien Cook SECNONDED.
ALL IN FAVOR.

February 8, 2011
Steven LaBranche MOVED to approve the minutes, Linda Haspel SECONDED.
ALL IN FAVOR.

Administrative Review permit requested by Lora Elaine Chase 1440 State Highway.  Applicant requests abandonment of existing cesspool, to serve three existing cottages.
Linda Haspel MOVED to approve, Steven LaBranche SECONDED.
ALL IN FAVOR.

Administrative Review permit filed by Sharon Shipley 1 Nycoma Way. Applicant requests repairs to sand drift fence  and fill behind it with sand and replant with beach grass.
Vivien Cook MOVED to approve, Linda Haspel SECONDED.
1 Abstention
MOTION CARRIED.

Administrative Review permit filed by Jeanette Stoffelen 155 Wier Road. Applicant proposes removal of five dead pitch pines and pruning a pine and an oak.
Amy Usowski said most of the work is out of their jurisdiction.
Linda Haspel MOVED to approve, Sandra Larsen SECONDED.
ALL IN FAVOR.

7:25PM
Other Business

By-Laws Discussion
Amy Usowski said they should make changes in the policy making it easier for what has to be in filing packets including full size plans. Sandra Larsen suggested continuing the hearing if the area is not marked and there is no house number and they can’t find it, and the stakes should be clearly labels. Amy Usowski said there should also be elevation contours, and the 50’ and 100’ buffer zone delineation and plans that represent the whole property. Additional requirements discussed were construction protocol, a narrative about performance standards and looking into no increased development in the 50’ buffer zone. Sandra Larsen also mentioned creating a policy for a view corridor in the future.

8:20PM
Meeting Adjourned

Respectfully Submitted,

Shana Brogan