Meeting Minutes
June 14, 2011
Present: Commissioners Vivien Cook, Sandra Larsen, Stephen Smith, Steven LaBranche, Fred Rollinson.
Not Present: Commissioner Linda Haspel.
Staff Present: Deputy Natural Resource Officer Amy Usowski. Shana Brogan Administrative Assistant.
Also Present: David Lyttle of Ryder and Wilcox, Devette Russo, Ed Tarca of EW Tarca Construction, Larry Zabrelski of S&L Tree Service, Anthony Schoener, Theresa Sprague of Wilkinson Ecological Design, Ron Peterson of Atlantic Well Drilling, Kathy Pene, Jason Ellis of JC Ellis Design, Wendy Kelly.
Stephen Smith opened the meeting at 6:00PM
Administrative Review permit requested by Donna Dickey, 445 Kingsbury Beach Road. Applicant proposes removal of a leaning pitch pine near Great Pond. Amy Usowski told the Commission this tree had been brought to the Commission in the past and they decided that an arch be cut through it. Larry Zabrelski from S&L Tree Service said that the owners are concerned because the tree is going to die eventually, turpentine beetle may be attracted to it, and he would not take any equipment on the site other than his pick up truck and chainsaws. He also said that the homeowners nearby would plant four blueberry bushes to mitigate for the loss of the tree. Larry Zabrelski said that the red oak under the leaning pine would be fine.
Steven LaBranche MOVED to approve flush cutting and removal of the specified tree, Fred Rollinson SECONDED.
ALL IN FAVOR.
6:05PM
Notice of Intent filed by Katherine Pena. Applicant proposes replacement of existing well in the same location of the current well at property located at 320 Ireland Way, Map 17, Parcel 25.
Ron Peterson of Atlantic Well Drilling represented the applicant . Amy Usowski said the location proposed is the only place to install the well because of septic setback requirements. Amy Usowski suggested adding plantings in another corner of the property close to the wetland so the well could be accessed as needed without disturbing anything. She also suggested trying to transplant the blueberry bushes already on the property that will need to come out during the work process.
Vivien Cook MOVED to approve the project, Steven LaBranche SECONDED.
ALL IN FAVOR.
6:09PM
Request for Amended Order of Conditions filed by Devette Russo & Robert Pfeifer. Applicant proposes new planting bed plans at property located at 295 Corliss Way Map 21, Parcels 043A & 043B.
Theresa Spargue of Wilkinson Ecological Design, EW Tarca Contractor also represented the applicant. Theresa went over plants that would be replaced with native, and less invasive species the plants she said to be added/replaced were rose rugusa, boxwood, viburnum. She said plants that would be taken out were, serviceberry, Virginia rhode, perrywinkle. She said that only natives are being planted in the 50’ buffer and the applicant won’t use a lot of mulch, but and the beds are planted densely. The applicant agreed to supply a list of all the plants to the commission after the meeting. It was agreed that the applicant will only use mulch until the plants are established and it will be natural and placed only around the drip lines.
Fred Rollinson MOVED to approve the amended order, Steven LaBranche SECONDED.
1 Abstention.
MOTION CARRIED.
6:38PM
Request for Determination of Applicability filed by the Town of Eastham. Applicant proposes maintenance of all existing walking and canoeing trails as outlined in the Open Space Plan of 11-20-2003 on properties located at 1400 Herringbrook Road, Herring Pond, Great Pond, Bridge Pond, Boat Meadow Marsh, Widow Harding Pond, Unnamed Wetlands, Map 10-Parcel 1, Map 13-Parcel 80, Map 14 – Parcel 85N, Map 14 – Parcel 82A, Map 20 – Parcel 122A, Map 20 – Parcel 121B.
Amy Usowski said that the maintenance was included in the open space plan in 2003 that the Conservation Commission approved and there is a canoe path between great and bridge pond that is overgrown. Amy Usowski continued saying the work would be done by hand, and none of the trails will increase in width from what is in the open space plan.
Steven LaBranche MOVED to approve the determination negative for reason #3, Fred Rollinson SECONDED.
ALL IN FAVOR.
6:50PM
Request for revised plans for Anthony Schoener 16 Keene Way, Map 19, Parcel 043H. David Lyttle of Ryder & Wilcox represented the applicant and stated that the decks would increase in size by three feet on the southerly end and four feet on the north easterly side. David Lyttle continued saying the foundation would not be as deep, and there would be no additional footings or posts for the walkway to the beach. He also said that there was a turtle sweep and none have been found, however prickly pear was found on site, and they will protect that spices during construction. There was question as to whether the commission should accept the new plans that included ramp modifications presented at the hearing, and David Lyttle offered to come back at the next meeting so the Commission could have more time.
Steven LaBranche MOVED to approve revised plans, Fred Rollinson SECONDED.
One Abstention.
MOTION CARRIED.
7:05PM
Request for Certificate of Compliance by Wendy Kelly. Applicant requests permit compliance for DEP SE 19-1277, construction of a single family dwelling and associated septic system within 100’ of a salt marsh at property located at 24 Salt Marsh Way, Map 17, Parcel 687. Chairman Smith read a letter by Tim Brady of East Cape Engineering acknowledging the project had been completed according to the orders of conditions. Amy Usowski said that the screened porch was slightly smaller and the plants have taken and said there was a question about fertilization. Wendy Kelly replied that she tried to seed for lawn but it would not take so she used a fertilizer which worked and now the lawn is fine, and she said she would not use fertilizer again and that the area is outside of the 100’ buffer zone. Steven LaBranche noted that there
is a tree shading out the bearberry. Amy Usowski replied that the tree was the subject of extensive discussion as it was requested to be removed previously because it was growing close to the house. Amy Usowski said Wendy Kelly could file for an Administrative Review permit to remove the tree.
Steven LaBrance MOVED to approve a Certificate of Compliance, Fred Rollinson SECONDED.
The Certificate of Compliance would be issued with an ongoing condition that no fertilizer be used again.
ALL IN FAVOR.
7:16PM
Discussion concerning violations for George and Susan Amato, 95 Harmes Way. Amy Usowski announced there was a discrepancy with the January 25, 2011 Conservation Commission meeting minutes which stated a planting deadline of May 15, 2011, and the Order of Conditions that stated May 1, 2011. Amy Usowski said she reviewed the meeting DVD recording that said the Commission agreed on May 15. There was discussion as to whether the planting was done by the May 15 deadline. The Conservation Commission agreed there had been confusion with the dates discussed, and determined the homeowners should not be subject to the fines. There was also discussion about the driveway widening as a result of the construction process and the conservation Commission determined Jason Ellis would stake the width of the driveway pre-construction and split rail
fencing would be installed at that width within a week.
Steven LaBranche MOVED to approve split rail fencing to be installed in the driveway, Fred Rollinson SECONDED.
ALL IN FAVOR.
8:07PM
Administrative Review Permit requested by Julianne Vilardo, 265 Sparrow Road, Map 4, Parcel 186. Applicant requests to construct an approximately 10’x10’ deck with sonotube footings over existing shells at corner of existing deck and outdoor shower.
Amy Usowski said the deck would be the same height as the current one. Sandra Larsen noted that the plan has pressure treated decking. Amy Usowski said the commission does not have a policy and said there should be a policy concerning pressure treated wood in place and the Commission agreed to have a work session at the next meeting. The Commission agreed to ask the applicant if they would consider using untreated wood on the deck.
Steven LaBranche MOVED to approve the permit, Fred Rollinson SECONDED.
1 Abstention.
MOTION CARRIED.
8:20PM
Administrative Review permit requested by Woods Hole Oceanographic Institution for research in Salt Pond.
Permit requested for plankton monitoring project, construction similar to a mooring in Salt Pond
Steven LaBranche MOVED to approve the permit, Fred Rollinson SECONDED.
ALL IN FAVOR.
8:22PM
Westlake Draft Order of Conditions discussion.
Amy Usowski said there has to be a time frame for the project when it begins.
Steven LaBranche MOVED to approve the conditions, Vivien Cook SECONDED.
ALL IN FAVOR.
Minutes of May 24, 2011
Steven LaBranche MOVED to approve the minutes with corrections, Vivien Cook SECONDED.
1 Abstention
MOTION CARRIED.
Amy Usowski said she would give the draft denial for the Bianco project at the June 28, 2011 meeting.
8:50PM
Steven LaBranche MOVED to adjourn, Fred Rollinson SECONDED.
ALL IN FAVOR.
Respectfully Submitted,
Shana Brogan
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