Eastham Conservation Commission
Meeting Minutes
March 22, 2011
PRESENT: Vivien Cook, Sandra Larsen, Stephen Smith, Linda Haspel, Steven LaBranche.
STAFF PRESENT: Deputy Natural Resource Officer Amy Usowski. Shana Brogan administrative assistant.
ALSO PRESENT: Tom Fitzgerald of Donnybrook Building, Tim Brady of East Cape Engineering, Emily Beebe, Laura Schofield of Schofield Brothers Engineering, Bob Perry of Cape Cod Engineering.
Chairman Smith opened the meeting 6:00PM
Request for Determination of Applicability filed by David Bennett. Applicant proposes tree removal and replanting at property located at 455 Herringbrook Road, Map 14, Parcel 5.
The applicant proposed tree removal and debris while leaving the stumps, no fertilizer will be used. The applicant plans to use a soaker hose system in the summer for re-planting and they will only remove what they cut. Amy informed David Chalker of Bartlett Tree Experts that the Conservation Commission discourages piling logs and limbs within the buffer of the herring run, and said the removal of the large pines will open a large area and more plantings could be used there.
David Chalker suggested meeting on -site after the work was done. It was noted that the rest of the trees should stay because they are not a threat and they are still perches for birds of prey. David Chalker said it was more for aesthetics, the tree removal may open a view however it is not the intention of the applicant and there are approximately a dozen trees to remain near the herring run for habitat purposes.
Amy Usowski said she would speak with the neighbors concerning the red cedars that should have been planted in May of 2010. Sandra Larsen said that applicant’s property is next to the herring run and that they should take advantage of getting a healthier area as it provides a good habitat and she understands the applicant does not want to look at dead trees and planting tupelo might be a good idea and some low plants. David Chalker said that cost was an issue but the applicant is in favor of plantings and they had discussed revegetating. Sandra Larsen said to use a plant community that is low for the meantime. Amy Usowski said she had given the applicants recommendations for plants. Sandra Larsen asked if there were trees near the ACEC that could stay and fall on their own. It was agreed to meet on site before and after the project.
Steven LaBranche MOVED to approve for negative determination for reason three, Vivien Cook SECONDED.
ALL IN FAVOR.
6:15PM
Request for Determination of Applicability filed by Jeannette Stoffelen. Applicant proposes construction of a deck at property located at 155 Wier Road, Map 11, Parcel 423.
Tom Fitzgerald represented the applicant and explained that there is an existing patio which is proposed to be converted into a deck and the house is 18” above grade. He also said the existing stones would be used for steps, and the sonotubes would be hand dug.
Vivien Cook MOVED to approve a negative determination for reason three, Steven LaBranche SECONDED.
ALL IN FAVOR.
6:25PM
Request for Determination of Applicability filed by Ralph Santoro. Applicant proposes a septic upgrade at property located at 25 John Thomas Road, Map 20, Parcel 53.
Emily Beebe represented the applicant and explained that the project had been approved by the Eastham Board of Health and the project is to replace an existing title V system and increase the separation of groundwater and create a better system than what is there now. And as part of the project they are re-locating the well in the northern part of the property out of the buffer-zone. Amy Usowski said cleaning up the debris that has moved into the wetland can be a Condition. Amy Usowski noted some cedars will come down for the project and wants applicants to clean up debris. Emily Beebe said part of the driveway will need paving stones to repair the driveway after construction instead of asphalt. Sandra Larsen noted that the driveway has been coated recently, and wants a condition so it does not happen again. Emily Beebe said they could add
gravel for drainage along the driveway and blueberry can be transplanted. Amy Usowski said straw waddles is to be used instead of hay bales. Amy Usowski said they will meet pre-construction to determine swale and replantings.
Steven LaBranche MOVED to approve with a Negative Determination reason #3 the project, Vivien Cook SECONDED.
ALL IN FAVOR.
6:30PM
Notice of Intent filed by Ross Bierkan. Applicant proposes removing of existing dwelling and construction of a new dwelling with associated site improvements at property located at 225 Sparrow Road.
Tim Brady of East Cape Engineering represented the applicants and explained that the house is on the edge of the coastal bank, and moving it will improve bank stability. A septic system has been approved as well as a new well. He made the work limit to the North West corner of the building and all demolition debris will be removed immediately from the site. The Commission noted that the footprint of the house is proposed to be larger and Amy Usowski said she wanted to see the footprint of existing vs. new disturbance and a construction protocol. Tim Brady then explained the order of construction. Amy Usowski said she was concerned with the limit of work in the heathland. Chairman Smith asked about the bulkhead. Amy Usowski replied that there are existing orders for maintenance of the bulkhead and that they need some alternatives for the
project. Tim Brady replied they will be re-establishing areas that were disturbed and they he would be happy to meet with anyone on site.
Steven LaBranche MOVED to accept a continuance to April 12, 2011, Vivien Cook SECONDED.
ALL IN FAVOR.
6:45PM
Notice of Intent filed by Nathan and Karen Apatow. Applicant proposes construction of a stone revetment at property located at 45 Martha Ave, Map 10, Parcel 204.
Laura Schofield of Schofield Brothers, and Bob Perry of Cape Cod Engineering represented the applicants and explained that the property currently has deteriorating sandbags, and the applicants have reviewed the terms for the McKeown and Williamson projects and they want a permit in place for when the bags are unusable, which is likely within a year. Amy Usowski mentioned the alternative of moving the house back.
A letter was read from the abutting Strauss property explaining their attempts for natural protection and stating if there is damage to their property as a result of the revetment that the applicants nourish the damaged area as well.
Amy Usowski said her biggest concern is the protection of the abutter’s property and tapering may work. Bob Perry said that nourishment in that area is a concern and he is not against putting nourishment at the end of the revetment. Amy Usowski said that the bags looked good and the house is not on the cusp of the bank. Sandra Larsen clarified that on the construction note #10 the entire construction will need to be inspected not just the return. Bob Perry said the house was constructed before 1978.
Vivien Cook MOVED to accept a continuance to April 12, 2011, Steven LaBranche SECONDED.
ALL IN FAVOR.
7:36PM
Continuation of Hearing on Amended Order of Conditions filed by Joanne Scott. Applicant proposes amended order to include repair and maintenance of coastal stairs located at 49 Longstreet Lane, Cottage #5.
Doug Scott represented the applicant. Amy Usowski said she talked with Steve and Chris Norgeot of Anchor Marine who have a staging permit for the fallen stairs. Doug Scott said they can drop the stairs from the top of the bank after they are constructed off-site. Amy Usowski determined that since it is in the same footprint, it can be an amended order of conditions and also said the sandbags need to be fixed as they are failing and there will be debris.
Steven LaBranche MOVED to approve the project, Vivien Cook SECONDED.
ALL IN FAVOR.
7:46PM
Continuation on Hearing of Amended Order of Conditions filed by Silver Spring Beach Association. Applicant proposes amended order to relocate existing stairway due to bank erosion at property located at Silver Spring Beach Road, Map 04.
Tim Brady represented the applicant and provided the Commission with a revised plan and construction protocol. He said he still thinks this is the best approach to the project. He also said 1000 cubic yards of fill will be added to the bank from the top and the fill is the best part of bank stabilization as there is no protection to the bank. Vegetation and fiber rolls will not help and some of the fill will help the Valovcin property as well. Tim Brady also noted that the bank stairs are providing a little stabilization to the bank and the further they can move the bank back now, the longer they can go without having to move it back again. He said he would stake the site lines of the right of way during construction and the erosion from the front is more hazardous to their properties than the construction process, but they can do
their work without going outside the limits of the right of way. There was discussion about whether the stairs meet building code, and that most of it does aside from question about the hand rails.
Tim Brady said the knocking of the bank takes place after the removal of the top platform. Amy Usowski said she understands that it will create a more stable slope for the stairs, so for safety reasons, she agrees, but is concerned about the effects to abutting properties, because when it is being knocked down it is destabilizing and the bank will start to loosen to the sides. Tim Brady replied as they go down, they will make side slopes at the same time, and the highest part of the side slope is at the deepest part of the cut. Tim Brady referred to a dwelling being not very close to the property line, and it is 10-15 feet from the right of way to the house, and he would be happy to meet anyone on site. And they are not going to affect the Valovcin house as much of the right of way is below it. Chairman Smith replied it looks like it a case
of end scour at the end of a revetment, and its unfortunate the house is in the wrong place on the lot to not receive the best protection by the revetment and if the stairs were taken out and nothing is done to the bank the house could fall in anyway because her bank has a high vertical component to it.
Tim Brady said the best that can be done for the erosion of the bank is add nourishment, and agreed the nourishment will not last long but by moving the top of the bank back, they can make the slope more stable. Sandra Larsen said that when they take something that is compacted and loosen it, they are affecting the stability and said she does not have a lot of confidence with the technique that would be done and also said she thinks there is another way for the project that will have less impact. Tim Brady replied through his experience that this is the best approach. Chairman Smith asked Tim Brady, to instead of taking 8’ to take 4’- the width of the landing and he agreed.
Vivien Cook MOVED to approve the project, Steven LaBranche SECONDED.
1 Opposed, Four in favor.
MOTION CARRIED.
Amy Usowski said that in the future she wants them to put a benchmark system for nourishment and said she wants to be on site when the top of the bank is knocked back.
8:10PM
Small Business
Administrative Reviews
Keith Harrison, David Aranowitz, & James McDermott propose moving back sand drift fence 10’- 15’ closer to toe of dune due to erosion at properties located at 33, 35, and 37 Cranberry Lane.
Steven LaBranche MOVED to approve, Vivien Cook SECONDED.
ALL IN FAVOR.
Tom Collins proposes moving a downed tree, one pine, and three dead standing pines at property located at 10 Salt Marsh Way.
Steven LaBranche MOVED to accept, Vivien Cook SECONDED.
All in FAVOR.
Applicant Sharon Shipley proposes installation of second sand drift fence at property located at 1 Nycoma Way
Steven LaBranche MOVED to approve, Vivien Cook SECONDED.
ALL IN FAVOR.
Applicant William Ladutko proposes conversion of garage space to living space, and connecting existing septic, water, and electrical at property located at 2705 State Highway, Route 6.
Sandra Larsen MOVED to approve, Vivien Cook SECONDED.
1 Abstention
MOTION CARRIED.
Applicant Dan Sullivan proposes brush and tree removal above driveway and replacement with ground cover and approved shrubs, widen driveway 8’ and remove pine near shed at property located at 30 Rogers Lane.
Amy Usowski suggested a one time fine for clearing that has already taken place without permitting, as it seemed as if the work proposed had already been done.
Steven LaBranche said there was definitely a cedar cut and others agreed. Amy Usowski said there were cherry branches as well. She said she will issue a fine and stop work and they will have to re-plant and come to the Commission
Steven LaBranche MOVED to issue a fine and stop work, Sandra Larsen SECONDED.
ALL IN FAVOR
Request for three year extension permit filed by George Nolan, DEP SE 19-1309 31 Bayberry Lane. Applicant wishes to maintain Order of Conditions for beach nourishment, installation of a biomat, and beach grass planting on a coastal bank.
There was discussion about the applicant’s sand drift fence being stained. Amy Usowski said she would talk to the applicant about using non-treated materials.
Steven LaBranche MOVED to approve the three year extension, Sandra Larsen SECONDED
ALL IN FAVOR.
8:37PM
Minutes Approval
March 08, 2011
Steven LaBranche MOVED to approve March 8, 2011 minutes with corrections, Viven Cook SECONDED
ALL IN FAVOR.
8:45PM
Discussion about Janet Bianco project. Amy Usowski said she met with town council and said that she will draft the Order of Conditions and discussed which ones would be drafted for the project. Sandra Larsen suggested a photographic record of slumping and conditioning it that it has to be done at a certain time of year. Chairman Smith said they did not have a foundation plan. Amy also said she would talk to town council about mitigation.
9:35PM
Malciori Project Discussion. Amy Usowski informed the Commission she has had many conversations with the applicants about keeping the site clean, however there has been an ongoing issue of garbage and that the limit of work has been broken. The Commission agreed if they do not clean the site they will get a fine for every day it is not clean.
9:47PM
Steven LaBranche MOVED to adjourn, Vivien Cook SECONDED.
ALL IN FAVOR.
Respectfully Submitted,
Shana Brogan
Cc: Town Administrator
Town Clerk
Board of Selectmen
Building & Health
Planning Board
Library
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