Meeting Minutes
August 09, 2011
6PM, Earle Mountain Room
Town Hall
2500 State Highway
Eastham, MA 02642
Present: Commissioners Chairman Stephen Smith, Steven LaBranche, Fred Rollinson, Vivien Cook, and Sandra Larsen.
Staff Present: Amy Usowski Conservation Agent, Shana Brogan Administrative Assistant.
Not Present: Linda Haspel
Also Present: Beverly Johnston, Matt Farrell of J.M. O’Reilly & Associates, Bob Perry of Cape Cod Engineering, Karen McCarthy.
Stephen Smith opened the meeting at 6:03PM
Request for Determination of Applicability Filed by Beverly and Philip Johnston. Applicant proposes creation of drainage trenches and crowning portion of roadway at property located at 60 Smith Heights Way Map 18, Parcel 56. Beverly Johnson explained she cannot use the road because it is rutted due to runoff. Amy Usowski suggested adding native stone instead. Fred Rollinson wondered if the drains would become clogged and affect the neighbor’s driveway at 40 Smith Heights Road. Beverly Johnston replied she thought it would go to a wooded area. The contractor Ethan Poulin said the drain will clog eventually after a couple of years. Amy Usowski was concerned that if the soil was mostly clay it wouldn’t drain well. Ethan Poulin replied that if the trench was dug deep enough it would seep through. Amy Usowski said the
Commission should consider the abutter because an RDA filing does not require abutter notification and asked about raising the road. Ethan Poulin said they would raise the road about one foot. Steven LaBranche asked where the applicant thought the water was coming from. Beverly Johnson replied that she though it was coming from a nearby cottage parking lot. Sandra Larsen said that the Commission should be clear if the wetland is man made, or if it is protected under the Wetlands Protection Act, and it will determine what their interests are, and whether stormwater management standards apply. Amy Usowski said the wetland was not recognized on any maps, but it has the characteristics of a wetland and said she would be happy to see what the berm is made of. Stephen Smith said he did not want root material removed to prevent erosion. Amy Usowski suggested the condition the RDA so the applicant has to talk to their neighbor before work can start to make sure they are ok with it.
Fred Rollinson MOVED to approve the project under negative reason #3, Steven LaBranche SECONDED.
1 Abstention – Sandra Larsen
MOTION CARRIED.
The RDA was conditioned that the berm is not removed, the vegetation is to be pruned 2-3’
Back and the applicant must get approval for project from neighbors, and there must be an onsite meeting with the agent and contractor prior to starting work.
6:37PM
Notice of Intent Filed by Karen and Kevin McCarthy. Applicant proposes landscaping improvements and construction of a beach access stairway within 100’ of and on a coastal bank at property located at 13 and 15 Bayberry Lane, Map 13, Parcels 149 and 150. Bob Perry of Cape Cod Engineering represented the applicants and explained the plan includes a shell driveway, landscaping, a bluestone patio, and a beach access stairway. He continued saying the bank is stable and the stair would have a removable bottom, and there is no proposal for machine use. Amy Usowski said more of the plants need to be from the Commission’s list of acceptable plants and said the area is so wind blown, many of the ones they chose may not survive anyway. She added that she did not think the shrubs on the bayside of the house should be pruned
much, if at all, and thought the tree heights may be too tall for those proposed in the front of the house. Bob Perry replied there was not huge need for large trees and they can add cedars. After discussion the Commission and Bob Perry agreed to a 5-6’ height varied for the shrubs on the seaward side of the house. Amy Usowski said she saw no problems with using the communal stairs next door. Bob Perry said stairs for a property with this much frontage on the bank are not uncommon, and the bank is stabilized by a revetment. After discussion, the commission and Bob Perry agreed to untreated stairs with a ramp. Sandra Larsen said the stairs do not address the bylaw because nothing has been demonstrated that the stairs next door were unsafe. Stephen Smith said the patio needs to be completely pervious, and native stone be used. Steven LaBranche suggested conditioning that the trees remain.
Fred Rollinson MOVED to approve the project, Steven LaBranche SECONDED.
One Opposed-Sandra Larsen
MOTION CARRIED.
Amy Usowski clarified that the entire stairs is to be made of non-treated lumber.
7:35PM
Notice of Intent Filed by Harvey Spaunburg. Applicant proposes vista pruning at property located at 175 Mary Chase Road, Map 18, Parcel 85. Harvey Spaunburg said he wanted to prune 15 cedar trees 2-3’ at a variation of heights and gradually prune the bayberry to a height of 4’. Harvey also said he was not sure of taking down the diseased cherry tree for cost reasons. Amy Usowski said she wanted to meet with the contractor before the work is done to make sure what is approved is understood.
Steven LaBranche MOVED to approve the project, Vivien Cook SECONDED.
ALL IN FAVOR.
7:47PM
Continuation of hearing on Notice of Intent filed by Galileo and Wendy Bonfini.~Applicant proposes construction of single family dwelling and sewage disposal system at property located at 45 Garden Lane, Map 10, Parcel 398. Matt Farrell represented the applicant. Amy Usowski announced that two members, Stephen Smith and Vivien Cook were not at the initial hearing for the project and wanted to make sure the applicant was ok with them voting and he was. Amy Usowski said the closest disturbance is 67’ and said she heard from an abutter who wanted to make sure the grading would not affect their property. The applicant said his driveway would likely be made of shell. Matt Farrell said the house has been moved more out of the buffer which he was not asked to do by the commission. Sandra Larsen said it would be good to get the
house as much out of the buffer as possible and wondered why this couldn’t be done. Matt Farrell replied the house had to be a certain distance from the septic system and the applicant will not have as much ability to use the land, and agreed that the deck would be made of untreated natural lumber. Sandra Larsen noted the plan had an assumed datum. Matt Farrell responded that it is typical for upland properties to have assumed datum. Amy Usowski said she thought the plans were accurate and would only be concerned if she thought the house was closer to the resource than depicted.
Fred Rollinson MOVED to approve the project, Steven LaBranche SECONDED.
1 Opposed-Sandra Larsen
MOTION CARRIED.
Amy Usowski said the limit of work is to me straw bales and wants updates during the construction process.
8:17PM
Jim Ray, a prospective future applicant came to discuss an option with the commission of using encapsulated pressure treated wood to replace a beach access stairway. The encapsulating product was a PVC product which the commission questioned its leaching effects as well. Amy Usowski suggested black locust and the applicant replied he didn’t want to ask for more money from the association. Stephen Smith suggested white oak and said if it is sealed using bio-shield and constructed properly, it should last a very long time.
8:35PM
Minutes Approval
The Commission decided to wait until the next meeting to vote on the July 28th, 2011 meeting minutes
Vivien Cook MOVED to approve June 28, 2011 minutes, Fred Rollinson SECONDED.
1 Abstention - Steven LaBranche
MOTION CARRIED.
8:45PM
Steven LaBranche MOVED to adjourn, Fred Rollinson SECONDED.
ALL IN FAVOR.
Respectfully Submitted,
Shana Brogan
| 
