Eastham Conservation Commission
January 25, 2011
Minutes
Present: Chairman Stephen Smith, Vivien Cook, Sandra Larsen, Steven LaBranche, Linda Haspel.
Staff Present: Deputy Natural Resources Officer Amy Usowski.
Also Present: Thomas Micelli, John Jasper, Gail McKeown, Robert Williamson, Robert Freeman, Dean Schofield and Laura Schofield of Schofield Brothers of Cape Cod, Jeremy Bell of The Department of Ecological Restoration, Robert Perry, Jason Ellis of J.C. Ellis Design, and Jeffrey Oakes of CLE Engineering.
6:01 P.M. Chairman Smith opened the meeting.
Administrative Review Whispering Pines Condominiums 2195-2225 Route 6.
Amy Usowski introduced Ron Peterson of Atlantic Well Drilling who was representing the project for a new well to be installed within a protection area at Whispering Pines Condominiums. Amy Usowski asked if the Commission had any questions about the project. Sandra Larsen asked for clarification on location of the stake. Mr. Peterson confirmed that he placed a stake at the location of the project. Linda asked what specific machinery would be used on site, if there were any concerns about the new well causing disruptions with the old well and whether any habitat loss would occur. Vivien Cook asked why the well was being replaced. Deputy Amy Usowski responded that the work was being done in a very open area with sparse vegetation and she didn’t anticipate much if any loss. Ron Peterson replied that the new well will be 45 feet from the
old well and he is trying to stay as far away from the old well as possible and that if the new well is successful, the old well will be abandoned and any ground damage will be refilled and brought back to its previous state.
Linda Haspel MOVED, Sandra Larsen SECONDED to ratify the Administrative Review. One abstention by Steven LaBranche.
MOTION CARRIED.
Minutes review October 31, 2010 for emergency meeting on 95 Harmes Way. Sandra Larsen suggested all emergency minutes be reviewed at one time. All Commission members were in favor.
Minutes review November 03, 2010. Sandra Larsen said for project on 16 Keene Way that there was discussion about alternatives and questioned Mr. Lyttle on approval for four bedrooms, not five. It was reported fine to have five according to the Board of Health.
Linda Haspel MOVED, Sandra Larsen SECONDED motion to approve the minutes.
SO VOTED UNANIMOUSLY.
Sandra Larsen excused herself from the next hearing.
6:15 P.M.~~~~~~~Notice of Intent filed by Thomas and Ellen Micelli. 25 Cove Road, Map 18, Parcel 042. Mr. Micelli explained that in 2006 a title V septic was installed on his property and the heavy machinery used in construction damaged his driveway beyond repair. Mr. Micelli proposed replacement with asphalt, washing it down for one week after installation, and installing a catch basin with absorbent pads to catch run-off. Mr. Micelli explained that he has looked into pavers and blocks however the cost is much higher compared to asphalt.
Deputy Amy Usowski recalled asking Mr. Micelli to look into using concrete because he is very close to a wetland, there is no need for the additional washing because there is no run-off and it is cheaper. Mr. Micelli responded he had not looked into concrete and would like to match another driveway on his property. Steven LaBranche asked whether the 2” berm would remain and Mr. Micelli confirmed the berm would stay. Chairman Smith suggested that if the padding was removed catch basin should go in its place. Vivien Cook and Chairman Smith asked why not use gravel or shell as the two driveways on the property do not meet. Mr. Micelli said no, that they would require maintenance and cause weeds to grow. Amy Usowski replied that essentially this is not a driveway repair, it is a replacement. Chairman Smith stated that he would like to see
other materials and options explored more deeply, and there is now room for improvement for what was installed over 50 years ago. Mr. Micelli stated that he spoke with members of DEP and that he was not increasing the area of impervious surface. Both Chairman Smith and Steven LaBranche said that the catch basin may not be enough if there is a rainstorm and it would defeat the purpose of what they are trying to protect. Amy Usowski suggested speaking to the Eastham DPW director for options for asphalt. The Commission decided to hold off on a decision until more information could be provided by the applicant.
6:42 P.M. Vivien Cook MOTIONED and LaBranche SECONDED the motion to continue the hearing.
SO VOTED UNANIMOUSLY.
6:45 P.M. Notice of Intent filed by Richard and Gail McKeown 215 Thumpertown Road, Map 10, Parcel 206.
Chairman Smith announced the meeting.
Laura Schofield of Schofield Brothers of Cape Cod gave a short overview of the project for two stone revetments 215 Thumpertown Road as well as the adjoining property at 25 Eastham Avenue stated that both property owners have used soft solutions including fencing for twelve years but have reached a point where it is no longer financially doable and they have committed themselves to mitigate the project. Laura Schofield then introduced engineer Robert Perry who presented the construction of the project. Mr. Perry stated other options were explored but it was determined a revetment was the best way to help protect the property.
Mr. Perry stated that the revetment is proposed to be 20% below 100 year flood elevation, and machine access will be by the beach and the bank would be restored back to valuable habitat. Amy Usowski asked for clarification on three different beach elevations. Mr. Perry responded that they were taken at the time of the survey. Amy Usowski then asked if fill would need to be added, Mr. Perry responded that according to the survey that it the slope was close to a 1:1.5 ratio and that the bank was very steep.
Amy Usowski asked that Mr. Perry address the Commission on how the impact to both the abutters to the north which was the town of Eastham property, and the south which is an unprotected property would need to be mitigated. Mr. Perry acknowledged that the applicants are fully committed and need to re-nourish the beach annually to prevent scour and it is to the applicant’s benefit as the revetment could become damaged. Amy Usowski asked if the owners would set benchmarks to monitor erosion and Mr. Perry replied that they would install permanent bench markers and it will be noted in the Order of Conditions. Mr. Perry also clarified that construction will be on the McKeown’s property, and nothing will be on Thumpertown landing and the end of the revetment to the north will be covered and blended with fill. Linda Haspel asked
about vegetation and Mr. Perry stated that he wanted it noted in the Orders of Conditions that high density beach grass be used and that in three or so years shrubs could be planted.
Chairman Smith asked if anyone from the audience had questions. Neil Andres, Superintendent of the Eastham DPW stated he had concerns about the return as digging removed stable surface and replaced it with fill. Mr. Perry responded that the toe stones are not being placed at full depth as he was explaining, it was noted that there is a fence along the top of the bank near the town parking lot. Gail McKeown responded from the audience that she had the stockade fence put in. Mr. Andres said that it was town property. Mrs. McKeown replied that the fence was put in many years ago and Henry Lind told her a long time ago that it was town property but nothing has been done about it. Mr. Andres responded that it should be on the survey. Mr. Perry replied that it was on the survey, but not on the plan. Mr. Andres addressed the issue of scour
because it will need to be dealt with immediately. Mr. Perry responded that the nourishment would be placed on the return and not in front of the house Chairman Smith stated that he did not want to lose a valuable town resource. Mr. Perry suggested that some form of buttressing may be needed in the future, and maybe the applicant could speak with the town about addressing the problem at a later time. Mr. Perry also said that every effort was made to keep the revetment away from the town parking lot and lot line and it would be best to add sand between for protection. Sandra Larsen commented that if the beach grass takes, the goal will be to have complete vegetation in the next two years at the latest.
Viven Cook MOTIONED to approve the project, Steven Labranche SECONDED.
SO VOTED UNANIMOUSLY.
Mr. Perry confirmed that the stones would be intermediate between smooth and rough surfaces. Linda Haspel commented that she would have to retract her vote to negative because she was concerned about the project, mainly scour. A SECOND MOTION, ALL IN FAVOR.
8:00 P.M. Notice of Intent filed by Richard and Gail McKeown 25 Eastham Avenue, Map 10, Parcel 205. This project for a stone revetment is also represented by Mr. Robert Perry of Schofield Brothers of Cape Cod and the previous hearing was for the adjacent property of 215 Thumpertown Road. Amy Usowski stated that the applicant will need to have a license with the town at a later date to build a revetment and staircase and the Orders of Conditions will be kept the same as the Williamson project. It was suggested that the applicants will want to have a conversation with the abutters to the south if there is an adverse impact to them.
Vivien Cook MOTIONED to approve the project, Steve LaBranche SECONDED.
SO VOTED UNANIMOUSLY.
8:30 P.M. Continuation on Notice of Intent Filed by Neil Andres, Town of Eastham Department of Public Works. Property located off the end of Ben’s Way and Barrow House Road, Map 1, Parcels 15A & 73. Chairman Smith announced the hearing. Jeremy Bell of the Department Ecological Restoration introduced himself and publicly thanked the abutters of the project the Delaneys and Jaspers for their support of the project. Jeff Oakes of CLE Engineering presented the project to excavate an existing 610’ long berm and 24” culvert to increase tidal flushing to the existing Sunken Meadow salt marsh. Mr. Oakes announced that the berm is collapsed in a number of areas and the removal will allow increased salt marsh habitat, salinity and create a more normal tidal flow. The low portion of Ben’s Way
is proposed to be raised. Some saplings would have to be removed in order to allow the front end loader access to the berm. The project will take place at low tide over a few weeks but possibly one month beginning in early March. Mrs. Jasper stated she wanted to make sure that there would be no increased flooding, and was assured by the Mr. Oakes there would not be due to the removal of the berm. Amy Usowski then commented that an abutting property owner called to ask about the trees along the marsh and whether they would be compromised. Jeremy Bell replied that some trees along the marsh edge would die but they are focusing on the natural process of re-vegetation.
Linda Haspel MOTIONED to approve the project, Vivien Cook SECONDED.
SO VOTED UNANIMOUSLY.
8:45 P.M. Continuation of Hearing on Notice of Intent filed by George and Susan Amato of 95 Harmes Way, Map 1, Parcel 101. Chairman Smith opened the hearing. Jason Ellis of J.C. Ellis Design represented the project. Jason Ellis said that he eliminated the spread footing and put in steel beams to carry the load and the number of piles was reduced to carry the load. It was agreed upon to have a footpath instead of elevated walkway. The sands under the piles will even out as the house is raised 8’ and beach grass will be able to be maintained around perimeter of structure. Amy Usowski stated that the limit of work needed to be tightened up and wanted to be sure nothing was being used on the driveway and Jason Ellis responded there would not. Sandra
Larsen that there would be eighteen 4x4 holes and that a utility room adds another hole in the ground and she wants to justify each hole. Jason Ellis replied that yes the hole is a disturbance but it is only temporary. Sandra Larsen also asked that HDPC be used as an alternative to PVC which can leech and Jason Ellis agreed to this change. Jason Ellis also stated that the propane tank would need to be tethered to the ground. Amy Usowski then stated that the plans needed revision and that work needed to be done by May 15, 2011. Jason Ellis responded that containment of the slump test could be included in the Order of Conditions.
Steven LaBranche MOTIONED to approve the project, and Vivien Cook SECONDED.
SO VOTED UNANIMOUSLY.
Chairman Smith noted that the planting needed to be complete by May 15, 2001. It was agreed to have weekly on-site meetings to ensure the project is moving along smoothly.
Administrative Review permit requested by Linda Novak of 95 Bay View Drive. The applicant would like to
construct an additional sand drift fence in addition to the one they already have. Amy Usowski stated that in this
location that the sand drift fence works very well. Steven LaBranche asked if they were going to go higher with
the fence and Amy Usowski replied the applicant was not.
Steven LaBranche MOVED to ratify the Administrative Review, Vivien Cook SECONDED.
SO VOTED UNANIMOUSLY.
Administrative Review permit requested by Dennis Ruh, 65 Bay View Drive. Applicants propose placing 300
cubic yards of sand between their between their sand fence and the toe of the bank and they are proposing to
move the fence closer to the toe. No comments by the Commission were raised.
Steven LaBranche MOVED to ratify the Administrative Review, Linda Haspel SECONDED.
SO VOTED UNANIMOUSLY.
Discussion regarding 385 Candlewood Lane: It was suggested to have a continuous Order of Conditions, but who
would monitor annually?
Announcements
On February 1, 2011 at 3:00 P.M. the DEP will be at the Town Hall to give a 45 minute presentation and address
the commission’s questions. There is also no hearing on Tuesday, February 22nd because of the holiday so there
will be a work session instead.
10:05 P.M. Steve LaBranche MOTIONED, Vivien Cook SECONDED the motion to adjourn.
SO VOTED UNANIMOUSLY.
Respectfully Submitted,
Shana Brogan
Cc:Town Administrator
Town Clerk
Board of Selectmen
Building & Health
Planning Board
Library
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