Meeting Minutes
September 27, 2011
6PM, Earle Mountain Room
Town Hall
2500 State Highway
Eastham, MA 02642
Commissioners Present: Chairman Stephen Smith, Steven LaBranche, Fred Rollinson, Linda Haspel, and Sandra Larsen.
Staff Present: Amy Usowski, Conservation Agent, Shana Brogan, Administrative Assistant.
Not Present: Vivien Cook
Also Present: Ezra Ambrose of Ambrose Homes, Abigail Garganigo, Jason Ellis and Eric Mitchell of JC Ellis Design, Jeanne and Greg Flaherty, Fire Chief Glen Olsen, Peter and Ann Ridley
6:01PM
Chairman Smith opened the meeting.
6:03PM
Discussion with Fire Chief Glen Olsen concerning a previously approved RDA for a dry hydrant at Great Pond.
Chief Olsen said Great Pond is a primary site for water and time is of the essence for the construction of the dry hydrant before the ground freezes and so the project does not get delayed until spring. The Fire Department has to break through ice at Great Pond in the event of an emergency. The Chief continued explaining that Wellfleet and Barnstable both have dry hydrants that have been successful and he was waiting on the Commission for proof that the use of PVC would be detrimental to the resource and he had just gotten information that day. He continued saying they would have to hire someone to fuse the HDPE pipes which would increase the cost and asked the commission for a minor modification to their RDA that allows them to use PVC piping.
Amy Usowski said that when they voted on the project they thought using HDPE would be feasible, and since three months have gone, she questions the feasibility for this project. Chairman Smith said the commission had done research and discussed it as a few meetings and they found that PVC was harmful during its manufacture and disposal. He then suggested each commissioner state their concerns if they have them. Stephen Smith said he did have issues with the heavy metals that leached and suggested a barrier coat of shellac to help eliminate leaching. Steven LaBranche commented that it seems they are holding up the Fire Department and they should allow them to use the PVC for the project and later create a policy for it. Fred Rollinson said he agreed with Stephen Smith and Steven LaBranche and said the project should go forward. Linda Haspel
said her concern is the leaching in the ponds that are already compromised and being looked at for improvement and said she thought they had found a local HDPE supplier. Chief Olsen said he did research and they would have to bring someone in the fuse it and he has not seen information that says the pipe has substantial effect on the water. Linda Haspel replied that she thought the commission had given a lot of information to the department. Amy Usowski said she sent the chief two e-mails from Sandra Larsen that week. Sandra Larsen commented she had given a lot of information to Deputy Foley and gave preliminary pricing back in July and said that she disagrees she has not given a lot of information and had spent 20 hours putting together information from the Environmental Protection Agency. She also said she is responding to the Wetlands Protection Act and the town by-law which asks if there is a feasible alternative. Stephen Smith said he thinks this needs to be a policy if
the commission and this is a matter of public safety. Sandra Larsen said she wanted to clarify that the piping was not double the price. Stephen Smith suggested that instead of dealing with this as an individual case, it is something for the commission to develop so that it is a viable alternative.
Steven LaBranche MOVED to allow PVC piping as a minor modification with shellac, Fred Rollinson SECONDED.
3 in Favor: Fred Rollinson, Stephen LaBranche, Stephen Smith
2 Opposed: Sandra Larsen, Linda Haspel
MOTION CARRIED.
6:25PM
Continuation of hearing for Notice of intent filed by Jeanne Flaherty. Applicant proposes moving house onto a micropile foundation, two additions, and deck expansion at property located at 165 Harmes Way, Map 1, Parcel 103.
Jason Ellis and Eric Mitchell of JC Ellis Design represented the applicant. Jason Ellis provided photos to the commissioners illustrating the movement of sand overtaking the house at the Flaherty property. He continued saying the structure will be on a pile foundation raising the bottom sil approximately 5’ from the same location it is now and the full foundation will be removed. He said they are also proposing two additions and extensions to the deck and the impacts of the work will be diminished by putting the house on the pile foundation and the disturbance will be limited to right around the structure. He also said there will be a tight work limit and mitigation.
Amy Usowski said she didn’t have many questions; she clarified the elevations of the structure.
Ezra Ambrose of Ambrose Homes said they would be using the existing driveway and will move the house up higher to install the piles, and then move it back down. Amy Uswoski noted that the Audubon has inquired about the project but has not made any comments nor has Natural Heritage and she thinks their main concern is that work doesn’t happen during terrapin turtle nesting season which is May-August. Ezra Ambrose said they will get the project done earlier so they are not working against a deadline with the beach grass.
Linda Haspel said she still had a bad feeling from the previous Amato project on Harmes Way and how it was mishandled and was concerned about it happening on this project. Stephen Smith said the commission should look at this project as completely separate from the Amato project and they can use the history to learn from. Amy Usowski said the commission had opportunities to deal with the project in the past and they chose not to act. Stephen Smith said they will put in the order of conditions all the criteria they want to happen during the project. Amy Usowski said they have all of the information about the project first. Sandra Larsen said she thinks the project is a benefit to the resource and noted the additions of the deck not having an adverse impact on the dune and questioned whether it would on wildlife and wants to know if anything
else will be impacted aside from the terrapins. Jason Ellis replied that the area was excavated recently for a septic system. Sandra Larsen asked if Jason Ellis anticipated any other large changes to take place during the construction process and asked if he would be willing to be on-hand for services. Jason Ellis said there is a water line that will need to be coiled under the house during construction which may need to be replaced if it’s not to code. Amy Usowski confirmed that there were two trees that need come down along the limit of work line and said that they should clarify the question as to whether the deck and additions are a benefit to the movement to the dune. Jason Ellis addressed the mitigation under the house and said it would be difficult to plant the beach grass and said they were thinking of staggering snow fencing to slow the wind and stop any scouring and they can experiment with more options. Stephen Smith suggested rope to knock down the sand under the
house. Sandra Larsen asked about the snow fencing working too well and asked if they had any experience using it before. Eric Mitchell replied that he had not seen it used under a house.
Amy Usowski said that they had not heard from natural heritage so they could not vote on the project and they needed a little more information about the addition. Stephen Smith clarified with Ezra Ambrose that while the cribbing is taking place, the south side of the house would not be disturbed until they put in the piles. Amy Usowski clarified that the work limit did not need to be so far south until they went to put in the pilings by hand on the south side at the beginning. Ezra Ambrose replied that with the lifting of the house and the demolition of the foundation they did not, and they could hand remove the deck and carry it out. But for the pilings and the beams they would need it and they may be able to preserve the disturbance.
Amy Usowski informed Jason Ellis and Ezra Ambrose that the deck cannot be pressure treated, they said they would look into alternatives which included fir. Amy Usowski said she would get the applicants a list of alternatives.
Fred Rollinson MOVED to approve a continuance until October 11, 2011, Steven LaBranche SECONDED.
ALL IN FAVOR.
7:05PM
Request for Amended Order of Conditions filed by Richard DeVito. Applicant requests amendment to DEP SE 19-1373 to include the addition of returns to an existing sandbag structure at property located at 265 Shurtleff Road, Map 07, Parcel 191. Tim Brady represented the applicant and said the bank is in good shape but there is erosion on the corners and they want to turn the sandbags into the bank and stop at the property line. Stephen Smith asked if a letter from an abutter was to be read. Sandra Larsen asked about the sand drift fencing and said that it seems there were concerns in the past about the fencing becoming debris itself. Amy Usowski clarified that they would be going in about 10’ and suggested they put the nourishment on the abutter’s property. Amy Usowski said she would check on the current nourishment
amount and adjust it later on. Sandra Larsen questioned the chain link fence and the debris guard. Tim Brady said that the debris guard does get compromised. Amy Uswoski suggested talking to the applicant about the debris. There was question as to the type of sand on top of the sandbags. Steven LaBranche said it looked similar to clay.
Steven LaBranche MOVED to approve the project, Fred Rollinson SECONDED.
ALL IN FAVOR.
Amy Usowski said the property line is to be staked and inspected prior to the start of work and said that any new fencing is to be non-pressure treated.
7:30PM
Notice of Intent filed by Richard and Sande Bishop. Applicant proposes construction and maintenance of a stone revetment on a coastal bank at property located at 45 Longstreet Lane, Map 10, Parcel 341A.
Steven LaBranche MOVED to approve a continuance until October 11, 2011, Fred Rollinson SECONDED.
ALL IN FAVOR.
Notice of Intent filed by Joanne V. Scott. Applicant proposes construction and maintenance of a stone revetment on a coastal bank at property located at 49 Longstreet Lane, Map 10, Parcel 343.
Fred Rollinson MOVED to approve a continuance until October 11, 2011, Steven LaBranche SECONDED.
ALL IN FAVOR.
Continuation of hearing for Notice of Intent filed by Christine Seaman. Applicant proposes construction and maintenance of a stone revetment on a coastal bank at property located at 43 Longstreet Lane, Map 10, Parcel 338.
Linda Haspel MOVED to approve a continuance until October 11, 2011, Fred Rollinson SECONDED.
ALL IN FAVOR.
7:33PM
Request for Extension Permit for David Longfritz of Bayberry Trust. Applicant requests a three year extension for DEP SE 19-782 for maintenance of a stone revetment at 49 Longstreet Lane. Amy Usowski said the revetment is beginning to slump and the commission should only grant one extension. Sandra Larsen asked if they had been nourishing and Amy Usowski said they have and said she thinks more than 50% will have to be repaired and/or replaced and if they give an extension they can work under the permit if less than 50% is compromised. The commission agreed to give the applicant a one year extension in order to allow them to assess the repairs needed on the revetment.
Steven LaBranche MOVED to approve a one year extension, Fred Rollinson SECONDED.
ALL IN FAVOR.
7:40PM
Administrative Review Permit requested by Sharon Shipley 55 Schoolhouse Road. Applicant requests removal of tree limbs.
Amy Usowski noted there were a couple of hanging tree limbs in the no mow zone.
Linda Haspel MOVED to approve, Sandra Larsen SECONDED.
One Abstention-Steven LaBranche
MOTION CARRIED.
7:43PM
Request for Certificate of Compliance Filed by the Estate of John Hernon c/o John McCarthy, Esq. 3 West Shore Drive.
Amy Usowski noted that the certificated of compliance were for old work for wells and revetment heightening long ago.
Linda Haspel MOVED to approve DEP SE 19-1072, Steven LaBranche SECONDED.
ALL IN FAVOR.
Fred Rollinson MOVED to approve DEP SE 19-878, Linda Haspel SECONDED.
ALL IN FAVOR.
7:46PM
Minutes
August 23, 2011
Steven LaBranche MOVED to approve the minutes, Fred Rollinson SECONDED.
ALL IN FAVOR.
October 14, 2010
After discussion of what the commission members recalled at the meeting,
Steven LaBranche MOVED to approve, Sandra Larsen SECONDED.
One Abstention- Fred Rollinson
MOTION CARRIED.
7:50PM
Administrative Review permit filed by Peter and Ann Ridley. Applicant proposes removal of bittersweet and replanting with native shrubs as well as deck modifications for safety at 16 Sherwood Road.
Fred Rollinson suggested adding a square piece to the deck to make it safer and the applicant agreed. Amy Usowski said to check into the suggestions of bayberry and if they are unable to get it, contact her.
Steven LaBranche MOVED to approve, Fred Rollinson SECONDED.
ALL IN FAVOR.
8:05PM
Minutes of October 18, 2010 discussion.
Sandra Larsen said she wanted it noted that the contractor said using a crane to move the house could not be done because they would have to take down phone lines and it would cost $100,000 and there was no crane on Cape Cod that could do it. Linda Haspel asked why the commission did not want to scrutinize the current Flaherty project based on what happened with the Amato project. Stephen Smith replied that the situation that occurred with the Amato project was due to a lack of forethought. Linda Haspel replied that the work site was full of debris and there were days that were nice and the house was not worked on. Stephen Smith replied they can use the order of conditions for what they want the construction process to be. Sandra Larsen said that from the meeting on October 18, 2010 the remembered the contractor said the commissioners
were obstructing the progress of the project. Amy Usowski said she would bring her corrected minutes to the October 11th 2011 meeting.
8:30PM
265 Herring Brook Road violation discussion. Amy Usowski informed the commission she received a call from an abutter concerned about cutting trees and it turned out ten trees were removed and she was told it was because of storm damage, but the trees looked healthy. She continued saying the Covell Brothers would be doing the replanting and she gave an enforcement order for a notice of intent. There was question as to where the fines go in the town if they were imposed. Steven LaBranche said he was thinking more than a 2-1 planting ratio. Amy Usowski replied that the owner said he would do what the commission wanted. Stephen Smith noted that with a notice of intent this will be an improvement on the property. Amy Uswoski said she wanted a shrub layer established as well and said there should be no reason to prune the area
if it is planted with some forethought and said the owners deadline for submitting a notice of intent is October 27, 2011.
8:50PM
Steven LaBranche MOVED to adjourn, Fred Rollinson SECONED.
ALL IN FAVOR.
Respectfully Submitted,
Shana Brogan
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