Eastham Conservation Commission
Meeting Minutes
8 February 2011
PRESENT: Vivien Cook, Sandra Larsen, Stephen Smith, Linda Haspel, Steven LaBranche.
STAFF PRESENT: Deputy Natural Resource Officer Amy Usowski.
ALSO PRESENT: Seth Wilkinson of Wilkinson Ecological Design, David Lyttle of Ryder & Wilcox, Joseph Clancy, Ellen Williamson, John Schnaible of Coastal Engineering, Attorney E. James Veara, Attorney Bill Riley, Thomas Micelli, Rich Prlius, Tim Brady of East Cape Engineering, Joan Wick-Pelletier, Maurice Boisvert, David Horton, Sean Riley, Tim Klink, Theresa Sprague, and Doug Guey-Lee.
Chairman Smith opened the meeting at 6:00 P.M.
6:01 P.M. Request for Certificate of Compliance Filed by Joseph Clancy for property located at 385 Candlewood Drive, Map 12 Parcel 232.
Amy Usowski called Mr. Clancy of Candlewood Drive to the table. Mr. Clancy then gave a summary of his experience with the project and said that he hired Scotts Lawn Service ten years ago and it is new to him that chemicals were not allowed. He wrote a letter to the Scotts Lawn Company outlining his awareness, concern and need to address the practices at the property. Amy Usowski said to cease fertilization within the 100 foot buffer zone and pointed out that he did not use the mix specified and if it thins out, Mr. Clancy should use the Cape Cod Mix. (Committee member Linda Haspel arrives 6:10 P.M.) Mr. Clancy replied that he could not find the mix specified when he visited several businesses in Eastham and Orleans, but did find the red fescue which Neil Andres of the Eastham DPW said to use. Steven LaBranche said the companies should have
been able to order the Cape Cod mix. The Commission decided that in the Order of Conditions permanent markers such as rocks or fence be placed at the 100 foot buffer line so anyone can see where it is. Sandra Larsen suggested Mr. Clancy consider not treating the rest of the property that is out of the buffer zone to not impact the resource area.
6:17 P.M. Notice of Intent filed by Robert and Cheryl Steinbruch for property located at 255 Corliss Way, Map 18, Parcel 3.
Tim Brady of East Cape Engineering represented the applicant and stated that the house proposed to be demolished and rebuilt is out of the buffer zone; however the driveway goes over a vegetated wetland. He said there would be a silt fence along the driveway as a barrier, control any run off and control where the trucks and machinery can go. Amy Usowski said the debris is to be removed daily from the site other debris or materials needs to be in covered bins. It was decided that a silt fence should also be along the 100 foot buffer zone on the Town Cove side. Chairman Smith asked if anything would be done with the shed, and would the septic stay as is and Tim Brady replied they would. Amy Usowski said that if damage happened to the applicant’s driveway, that they needed to come to the Commission about it, if it is to be repaired
or replaced. Tim Brady replied that it can be put in the Order of Conditions and if silt fence needs improvement, it can be done during the course of the project. Amy Usowski replied that the silt fence needs to be monitored daily.
Steven LaBranche MOVED to approve the project, Linda Haspel SECONDED.
SO VOTED UNANIMOUSLY.
6:32 P.M. Request for Determination of Applicability filed by Joan Wick-Pelletier for property located at 440 Hay Road, Map 18, Parcel 254.
Chairman Smith announced the hearing. Joan Wick-Pelletier said she would keep as much of the existing deck as possible. Amy Usowski said that there is no vegetation in the area, just lawn. Chairman Smith said that the existing deck is on cinderblocks and the applicant will have to replace them with sonotubes and they need to be hand dug.
Viven Cook MOVED to approve the request, Sandra Larsen SECONDED.
SO VOTED UNANIMOUSLY.
6:40 P.M. Notice of Intent filed by Maurice J. Boisvert for property located at Town Cove, 80 Old State Highway Map 20, Parcel 119.
David Lyttle of Ryder and Wilcox represented the applicant and said that since there is not much policy-wise for piers in Eastham, he used regulations of Orleans, Chatham, and Harwich. He kept the pier to a length of 80 feet to not interfere with navigation, and it is to be seasonal and made of black locusts. He then stated that the one area the pier does not comply is the depth at the end of the pier. He said they would have boards at maximum width apart to allow sunlight to penetrate below. The float would be 200 sq ft. David Lyttle also said he didn’t see any eel grass, but it could be there. And the shellfish would be removed when the piles are installed. The Division of Marine Fisheries submitted a letter addressing the project and said a minimum depth of 2.5 feet was needed under the dock or float stops must be installed. It was
suggested to install float stops, and revise the plan to include it.
Amy Usowski said that Eastham does not currently have a strong dock policy and other towns locally do not allow new docks to be built. She also stated that she and other people in the Natural Resources department would like a shellfish survey done. Amy asked if there are any other alternatives to the project, there is a dock about 180 feet from the applicant’s property that could be shared with the owner. Mr. Boisvert replied that sharing the dock with the Klingels is not an option. Chairman Smith voiced his concerns with the float hitting sandy bottom and agreed with Amy Usowski that a shellfish study needs to be done. David Lyttle also suggested that the pier could be lengthened 20 more feet to give them more depth at possibly 1.5 feet. Amy said she was concerned about prop-wash and what will happen when things get stirred up and
suggested looking at more buoyant materials. Mr. Lyttle said he could use George Handel from Woods Hole to conduct a shellfish survey.
Steven Labranche MOVED to continue the hearing on March 8, 2011 and Vivien Cook SECONDED.
SO VOTED UNANIMOUSLY.
7:05 P.M. Notice of Intent filed by John and Ellen Williamson for property located at 20 Teal Way, Map 17, Parcel 505. ~
John Schnaible of Coastal Engineering represented the applicant and discussed the proposed vista pruning, removal of the no mow zone around the house, approximately 900 sq ft of space to get around the house, feed birds, and keep things off the house. Doug Guey-Lee then described the process of the landscape project and said species to be removed mostly by hand and some machinery. They proposed to flush cut 16 black oaks that are mostly saplings, one large about ten inches in diameter, prune seven oaks to frame a view and also plant 198 native shrubs which would be beneficial to wildlife.
Amy Usowski said to not remove the large fruit-bearing oaks and that this project needs to be a phased approach. Theresa said there was three proposed phases, the first for removal of invasives, the second for stump sprout management and she clarified that the stumps would all remain with no root removal. Chairman Smith said there is a great view as it is now. Theresa replied that there is a healthy canopy cover but there is no shrub layer and this additional layer will have many benefits. Chairman Smith said that the invasives are taking over in nearby properties, and Theresa replied that they could compromise cedar trees and their actions may inspire others to do the same. Chairman Smith asked if there was a way to keep the three large oaks and leave them and the smaller oaks can be made to grow horizontally if managed
properly. It was decided and agreed to only mow the area immediately around the house 3-4 times per year. The Applicant said it is not their intent to use as a lawn. It was agreed to take the smaller oaks and submit a weekly log to the Commission. The project was agreed upon to be conducted in phases. 1. Small oaks cited for stump sprout management and invasives may be manually and mechanically removed. Then native plants will be planted in the 0-40’ buffer zone. 2. Larger oaks can be evaluated for the pruning of limbs by the Conservation Commission during an on-site visit and rest of additional plants put in.
Steven LaBranche MOVED to accept the project, Vivien Cook SECONDED.
SO VOTED UNANIMOUSLY.
Notice of Intent filed by Richard and Ida Bishop, ttee for property located at 47 Longstreet Lane, Map 10, Parcel 342A.
Tim Brady represented the applicant he said it was a very natural site with virtually no landscaping and an eroding bank with no protection and they are proposing to turn the house slightly, and the proposed deck is 64 ft from the top of a coastal bank. The Title V septic will stay as is and a silt fence and roof run off will be managed. Amy Usowski said she spoke with Christine from the Department of Environmental Protection and in the future, if the house is being moved closer to the bank DEP will not allow new coastal engineered structures to the property in the future. Tim Brady replied that he had not heard that previously and would like to look into it. Amy said the area is transitioning from a heathland to a pine forest. Chairman Smith asked that sonotubes be used for the deck. Chairman Smith added that any debris needs to be taken
from the site when dumpster is full to its top plain. And all construction containers need to be covered.
Vivien Cook MOVED to continue the hearing on March 8, 2011, Steven LaBranche Seconded.
SO VOTED UNANIMOUSLY.
Continuation of Hearing on Notice of Intent filed by Gary and Jan Ross for property located at 345 Harmes Way, Map 1, Parcel 110.
Chairman Smith opened the hearing.
Tim Klink of Coastal Land Design represented the applicant and stated that he wished to withdraw the plan to fill the hole because the fill would likely blow away and proposed a smaller 10x11 shed one foot off the ground on four blocks in a different location. Tim Klink requested to come back to the Committee with a certified plan. Amy Usowski asked Tim Klink to stake the area for the shed so the Commission members could visit the site. Chairman Smith said it would make sense to put on skids, because the shed could be unstable. Tim Klink also suggested that helix-hangers could be used for more stability.
Steve Labranche MOVED to continue the meeting on March 8, 2011 and Vivien Cook SECONDED.
SO VOTED UNANIMOUSLY.
Sandra Larsen left the hearing room.
8:50 P.M. Continuation of Hearing on Notice of Intent filed by Thomas and Ellen Micelli for at 25 Cove Road, Map 18, Parcel 042.
Mr. Micelli presented his findings to the Committee which had asked for more information in the previous hearing. He said that concrete is not used much in the north east because of dry heaving and a seepage pit would be impractical for this location and porous asphalt would be non-porous once sand filled in. He said that he would require that citrus oil be used instead of diesel fuel for installation and that he would be present to monitor construction and he would plant some native shrubs along his wetland. Amy Usowski said the worst chemical being used in the asphalt is in the release agent (diesel) and it is being replaced with something non-toxic and Tom Micelli is willing to take extra precaution with using absorbent pads and washing the driveway town for seven days after installation.
Steven LaBranche MOVED the motion to approve the project, Vivien Cook SECONDED.
SO VOTED UNANIMOUSLY.
Sandra Larsen returned to the hearing room.
9:15 P.M. Continuation of Hearing on Notice of Intent filed by Frank and Janet Bianco for property located at 290 Saltworks Road, Map 04, Parcel 005A.
Sean Riley of Coastal Engineering represented the applicants. Amy Usowski agreed with Sean Riley that the area thought to be a coastal dune was a coastal bank based on exploration of the soils on-site. Sean Riley then went on to say that they were reducing the footprint by nine sq. ft. and they will tighten construction area and save lost plants in construction to be replanted. He then stated that they will have 275 sq. ft. of mitigation plantings which would be beneficial to the top of the bank as well. Amy Usowski said that the main difference is the size of the deck on the back of the house. Chairman Smith said the foundation is increasing 30%. Nearly 900 sq. ft. which is an increase impact on the bank and the concept of needing a garage has not been addressed. Sean Riley responded that everyone has a garage in the neighborhood. Sean
Riley stated that when construction is complete there will be no impact to the resource area. Vivien Cook asked why the owners wanted a new house. Sean Riley and Attorney E. James Veara representing the applicant replied that it does not fit to what the owners want, they want a newer house. Amy Usowski asked the Commission if they thought it met the performance standards. That they need to decide of activity 30 feet from the top of a coastal bank will impede the stability. Attorney Bill Riley then spoke representing the abutters to the Bianco property read part of the Eastham bylaws and said that this is too large of a project in a sensitive area and nearly doubling the size of the footprint shows a lack of respect of the bylaw and that if it is brought to appeal then it is something that can be won. It was suggested to have Greg Berman, a coastal processes specialist for Barnstable County, to look at what impact could occur to the bank. The Commission stated that it doesn’t
justify 1000 sq. ft. in the buffer zone and that the proposed foundation is increasing and said can the applicant accomplish their desires with a smaller design. Sean Riley said that with the zoning bylaw they could not put garage under the house, they tried but the building height is too tall. Chairman Smith then said that no feasibility was ever presented. Attorney E. James Veara then said that the applicants wanted a two car garage and then went to a one car garage and they made adjustments to make the footprint smaller and that the other abutters are concerned about their views and they have garages. Amy Usowski said that the alternatives needed to be presented to the Committee. Chairman Smith said that there has been no concrete give back and that moving the house back is self-interest and taking the garage off, Bianco could take his car to storage while he is not using the house. Attorney E. James Veara stated that the applicant wants to have the amenities that they have
already. It was agreed that the applicants would bring further information to the Committee.
Linda Haspel Moved to have a continuance on March 8, 2011, Steve Labranche SECONDED.
SO VOTED UNANIMOUSLY.
Administrative Reviews
10:20 P.M. Ronald DePaolo 30 Lee Court. Applicant is replacing some of deck but the rest is to remain.
Steve Labranche MOVED to accept, Sandra Larsen SECONDED. SO VOTED UNANIMOUSLY.
Charles Szeglin 50 Wexford Lane. Applicant proposes pruning and general cleanup between house and marsh. Amy Usowski said that none of the scrub near the marsh would be touched, but applicant wanted to take others up because of fire hazard.
Vivien Cook MOVED to approve, Linda Haspel SECONDED. SO VOTED UNANIMOUSLY.
James Athorn 5 Martha Ave. Applicant requests to install a sand-drift fence.
Linda asked if anyone had concerns about the project and there were none.
Linda Haspel MOVED to accept, Steven LaBranche SECONDED. SO VOTED UNANIMOUSLY.
Town of Eastham Salt Pond Access Road maintenance. Amy Usowski said that shell can no longer be used because it confuses archaeological finds and they were asked if small native stone could be used.
Steve LaBranche MOVED to accept, Vivien Cook SECONDED. SO VOTED UNANIMOUSLY.
Other Business
There will be a meeting with DEP on the 22nd for the Commission.
Approval of Minutes
Steve LaBranche MOVED to accept the minutes from 25 January, 2011, Vivien Cook SECONDED.
SO VOTED UNANIMOUSLY
10:29 P.M. Steve LaBranche MOVED to adjourn, Vivien Cook SECONDED. SO VOTED UNANIMOUSLY
Respectfully Submitted,
Shana Brogan
Natural Resources/DPW
Cc: Town Administrator
Town Clerk
Board of Selectmen
Building & Health
Planning Board
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