Meeting Minutes
April 26, 2011
PRESENT: Vivien Cook, Sandra Larsen, Stephen Smith, Linda Haspel, Steven LaBranche, Fred Rollinson.
STAFF PRESENT: Deputy Natural Resource Officer Amy Usowski. Shana Brogan Conservation Commission/DPW Assistant.
ALSO PRESENT: Donald Munroe of Coastal Engineering, Nate Apatow, Bob Freeman of Schofield Brothers, Jason Ellis of J.C. Ellis Design, George Riley of Land Design Associates, Bob Perry of Cape Cod Engineering.
Chairman Smith opened the meeting at 6:00PM
6:02PM
Continuation of Hearing on Notice of Intent filed by Ross Bierkan. Applicant proposes removal of existing dwelling and construction of a new dwelling with associated site improvements at property located at 225 Sparrow Road, Map 4, Parcel 190.
Tim Brady of East Cape Engineering represented the applicant and explained that he made the house shorter in length, moved it more to the south, moved in the limit of work line, reviewed the plantings in the area with Wilkinson Ecological Design and the house is now further from the heathland area that is of concern to the Commission. He continued saying they will first put the well in, stabilize and shape the bank, and plant it with beach grass and the soil from the construction will go on the bank, and a new septic will be installed that will benefit the site as well as moving back the bank. He said they are moving into a new undisturbed area but it has mostly English ivy and the rest of the area is moving into driveway space and some trees will need to come down for construction.
Linda Haspel asked why the house was to be moved. Tim Brady replied that it was for an environmental benefit and the disturbance will be offset by stabilizing the bank. Amy Usowski said the house will probably need a new foundation. Tim Brady said he was surprised the Conservation Commission was not pleased, and the bank stabilization part of the project would last less than a week. Amy Usowski noted that the work limit is going into the heath area and suggested they excavate out and then replant or leave the heath area be. Tim Brady said the limit of work is for the bank, and that it would move in after that part of the work had been done.
Sandra Larsen asked about the options for the bulkhead to the basement. Tim Brady said the bulkhead could be moved forward 3’ or 4’, there will be an outdoor shower, and that he didn’t think there would be any foot traffic on the north side once the house was built. Amy Usowski said she wasn’t sure there was sand required for the retaining wall because it was constructed long ago. Sandra Larsen noted that it was obviously an active area and possibly nourishment would be added as a provision. Amy Usowski said she checked with DEP and they are approving the project and that the nourishment is a separate issue that will have to be discussed at a later time. Sandra Larsen said that the bank is not able to act like a bank. Tim Brady said they are helping the stability of the bank even though it is already protected.
Amy Usowski said her concern is the heathland. Tim Brady said the Commission could put any Orders of Conditions they wanted for the heathland.
Chairman Smith suggested connecting the bulkhead to the garage, and noted that the house is generally increasing. Tim Brady replied that the house is within 40-50’ of the original footprint. Sandra Larsen asked how the project addressed the town by-law and said she would like to know if the foundation is usable. Chairman Smith noted the foundation is a combination of block and cement. Sandra Larsen they need to know what is going to happen on the site and wants a limit of work that is not in the heath area. Tim Brady said that this is about the bank stability and not the area they are addressing. Sandra Larsen suggested a condition to stop at each step of the project, and review it before the next step proceeds. Chairman Smith said that the concrete overpour will need to be put in a leakproof box and carried off-site.
Tim Brady requested a continuance until May 10, 2011.
Stephen LaBranche MOVED to accept a continuance, Linda Haspel SECONDED.
5 in favor with one abstention.
MOTION CARRIED.
6:52PM
Notice of Intent filed by Brooks Hurd. Applicant proposes removal of existing deck and stairs and construction of a new larger deck at property located at 320 Samoset Road, Map 14, Parcel 134.
Tim Brady of East Cape Engineering represented applicant and explained the applicants have more of an opportunity to use the their house, no vegetation will be removed, four pilings will be removed by hand and the reason for the ditch was because the owners panicked during the prediction of a hurricane. He also stated that all materials for the deck will come down the driveway. Amy Usowski asked how the ditch would be filled. Tim Brady replied that the dirt from the excavating was still there, so they would put it back by hand. It was determined to use silt fence as work limit delineation and that a letter should be sent to the applicants regarding the ditch and Conservation Commission regulations, as the applicant will likely want work done in the future. Chairman Smith said they will need to put a catch basin. Amy Usowski said that she
would put a letter in the file about the ditch.
Vivien Cook MOVED to approve the project and Fred Rollinson SECONDED.
ALL IN FAVOR.
7:03PM
Continuation of Hearing on 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.
Bob Perry of Cape Cod Engineering represented the applicants and said that he had shaped the revetment and there is still a return, but it is gradual and there is a 6’ change in cap elevation and there will be erosion if the cap is not maintained. It starts to taper 25’ from the Strauss property and hopefully the changed address their concerns. Amy Usowski and Bob Perry discussed that they had slightly different calculations for nourishment. Amy Usowski said to install in a benchmark at beach level when the revetment construction is finished.
Steven LaBranche MOVED to approve the project, Vivien Cook SECONDED.
ALL IN FAVOR.
7:29PM
Request for Amended Order of Conditions filed by Richard and Gail McKeown. Applicant proposes re-grading between existing dwelling and the top of a coastal bank at property located at 215 Thumpertown Road, Map 10, Parcel 206.
Bob Perry of Cape Cod Engineering represented the applicants and stated that the top of the bank was sand-blown, and the plantings have become compromised and they want to return the material to the face of the bank because it is not useful at the top and this will not change the applicant’s nourishment requirement. Bob Perry also said it will not affect certain clusters of vegetation. Amy Usowski said it will be down 1’ to 1.5’. Bob Perry said that it would be done with a small blade or excavator which was the same machine that did the nourishment before. Amy Usowski asked if this would be a routine project. Bob Perry replied that he did not anticipate it would. Steven LaBranche asked if something bigger could be used to stop the wind such as beach plums. Bob Perry replied that beach grass would have a more
immediate effect. It was discussed that the scrub thicket was desirable for privacy. Sandra Larsen asked about the deck and Bob Perry replied that he doesn’t see a reason to worry about the deck.
Steven LaBranche MOVED to approve the project, Fred Rollinson SECONDED.
ALL IN FAVOR.
7:45PM
Notice of Intent filed by James McDermott. Applicant proposes rebuilding of beach access stairs at property located at 33 Cranberry Lane. Applicant requested a continuance due to no DEP file number because an updated plan was not presented.
Vivien Cook MOVED to accept a continuance to May 10, 2011, Linda Haspel SECONDED.
ALL IN FAVOR.
There was discussion about a set of stairs further down the beach and if it was pressure treated or not.
7:56PM
Request for Amended Order of Conditions filed by Marcella Gumbel. Applicant proposes access for nourishment from the top of a coastal bank at property located at 205 Shurtleff Road, Map 7, Parcel 195.
Don Munroe of Coastal Engineering represented the applicants and said they want to access the top of the bank for plantings separate from access for beach nourishment which they would use a staging permit for, the applicants have two outstanding orders of conditions that have run out. They want to amend their active Order of Conditions to maintain the top of their bank via a path on the south side of their property. He said they have no intention of using large machines and the applicants will likely come back for Certificates of Compliance. The Commission agreed that the access was well vegetated. Don Munroe stated that they would probably put down plywood for protection. Chairman Smith asked to put a condition for photographic record to be sure the vegetation remains.
Fred Rollinson MOVED to approve the project, Vivien Cook SECONDED.
ALL IN FAVOR.
8:12PM
Notice of Intent filed by Richard Westlake. Applicant proposes relocating an existing dwelling landward onto an open-pile foundation on a barrier beach at property located at 65 Harmes Way, Map 1, Parcel 100.
Dave Lajoie represented the applicant and commented that the property is currently for sale and the proposal is for a potential buyer as an option for what they can do with the house. Linda Haspel asked how the house would be moved, and Dave Lajoie replied it would be done using cribbing as done with many house moving projects. Amy Usowski said the Conservation Commission has to treat the project as if it is actually going to happen and would like to see a work protocol. She asked why the entire lot is a work limit, what type of pilings will be used, how many, she would also like a cross-section of the house, a foundation piling plan and asked what would happen to the existing retaining walls. Dave Lajoie replied the retaining walls would stay as is. Chairman Smith said that there was a conflict with putting down pilings where the foundation
is. Sandra Larsen said that the garage space would be an ideal place for the utilities and Amy Usowski said she would like to see an alternatives analysis. Chairman Smith read a letter from an abutter who said he was not opposed to the project. Dave Lajoie said the deck would move as well and requested a continuance until May 10, 2011.
Steven LaBranche MOVED to accept a continuance, Sandra Larsen SECONDED.
All IN FAVOR.
8:30PM
Notice of Intent filed by James and Amanda Baughman. Applicant proposes removing existing concrete wall retaining wall and replacing with a field stone wall at property located at 300 Samoset Road, Map 14, Parcel 135.
George Riley of Land Design Associates represented the applicants and asked for feedback from the Conservation Commission on the project in order to streamline it. He said the applicants would like the house to look better from the entryway. Amy Usowski said she agreed that the bank is not doing well on the eastern slope and that this is an inland bank and important wildlife habitat value. Chairman Smith said they are quadrupling the hardscaping and asked how they would get a stone cutter there. George Riley said the area below the wall will have sand for absorption, as well as have eco pavers. Amy Usowski said that if material gets in the eco-pavers, they won’t serve their purpose and will not let water absorb into the soil. Sandra Larsen noted that in the drawing it looks like water runs over the top and will hit the terrace. George
Riley said that he didn’t think there would be a problem with water running on the terrace, and if there would be, he would put in a drain. Sandra Larsen asked that the Conservation Commission’s plant list be used more in the plan. George Riley said he would get rid of certain plants but would like to use some ornamental plants in the front. The Commission and George Riley agreed the current stairs were not put in correctly. Sandra Larsen said there were plenty of grasses from the Conservation Commission’s grass list to choose from and that this is a sensitive area. George Riley asked how the Commission felt about native plants that are not included in the list. Sandra Larsen said that this is a buffer zone that needs to be protected and that there are a lot of ways to minimize the hardscaping.
Vivien Cook MOVED to accept a continuance on May 24, 2011, Steven LaBranche SECONDED.
ALL IN FAVOR.
9:00PM
Amended Order of Conditions Filed by George and Susan Amato. Applicant proposes installation of new septic tank, installation of three foot wide ramp and stair from existing deck on the beach to the dune area, wider configuration of landing and steps, and a provision to nourish the beach/dune area up to 500 yards per year at property located at 95 Harmes Way, Map 1, Parcel 101.
Jason Ellis of J.C. Ellis Design Company represented the applicants and said he made some modifications to the septic system as recommended by the Board of Health, and in addition, they are proposing ramp and stair, beach nourishment due to the exposed retaining wall and they propose to lengthen the landing, and that the D box work limit will be moved out and will be hand trenched. Jason Ellis responded that it gave the applicants an outdoor space other than the dune area. Sandra Larsen replied there had already been a lot of decking added and there is a lot of vegetation that may not take because of the added shade and they need the vegetation more than the deck and they have given a lot for this project and she is not in favor of the deck, but would like to vote for the other amendments.
Steven LaBranche MOVED to approve the project, Vivien Cook SECONDED
Four in favor, two opposed.
MOTION CARRIED.
There was discussion about getting the majority of the plantings done by the May first deadline and if it is not there should be a consequence.
9:49PM
Linda Haspel MOVED to adjourn, Steven LaBranche SECONDED.
ALL IN FAVOR.
Respecfully Submitted,
Shana Brogan
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