Meeting Minutes
October 11, 2011
6PM, Earle Mountain Room
Town Hall
2500 State Highway
Eastham, MA 02642
Commissioners Present: Chairman Stephen Smith, Steven LaBranche, Fred Rollinson, Linda Haspel, Sandra Larsen and Vivien Cook.
Staff Present: Amy Usowski, Conservation Agent, Shana Brogan, Administrative Assistant.
Also Present: Ezra and Fred Ambrose of Ambrose Homes, Jason Ellis of JC Ellis Design, Jeanne and Greg Flaherty, Jill Rubalcaba, Christine Seaman, Doug Scott, Linda Fisher, John Rubright, Bob Prescott of Mass Audubon, Tim Brady of East Cape Engineering, Gary Fisher, Allbert Pease.
6:00PM Meeting opened by Chairman Stephen Smith.
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 of JC Ellis design represented the applicants and said they received a response from Natural Heritage with no adverse impacts determined. Amy Usowski said the commission was concerned about a PLS stamp on the plans which they have not gotten and there should not be construction during the diamondback terrapin nesting season. Jason Ellis replied that they may create more habitat as the area was excavated a few years ago for the septic system and was revegetated. He continued saying that the alternatives for pressure treated lumber would not work for the structural portion and most woods are
not strong enough and the building code says to use pressure treated wood in this area. Stephen Smith said it is easy to get around that and yellow pine is strong. Jason Ellis replied that they look at the impact load of the deck because it is in a high wind zone.
Fred Ambrose, the contractor for the project said that building code has changed rapidly recently, and if anything goes wrong with the product within six years he is liable. The deck should last 20 years and he needs 1.4 strength that the government is calling for as they are building to withstand 120 mph sustained winds and yellow pines cannot stand winds, they will have to go back to tighten the deck. Fred Ambrose continued to say that he spoke to a representative for a pressure treated wood and they use a compound on the wood, not a solution and they have reduced leaching by 99%. Fasteners would not hold in the pine and the chances are higher for failure. They presented MicroPro to the commission and said he wants to find a happy medium with the commission and the new plastics products are not recognized by the state. Amy
Usowski said the micro-pro would be used for the supports and informed the commission she sent Fred e-mails of alternatives. Fred Ambrose replied they would use a product like mahogany for the decking. Jason Ellis added the main pollution from the wood is the saw dust and they suggest cutting it off site or using tarps to catch it. Stephen Smith said that the loosening of the fastenings happens at an atomic level and it happens with any wood used and the yellow pine will resist rot. Fred Ambrose said he appreciates what Stephen Smith was saying about the pine, but he has to be able to defend himself in a court of law and the product has to be stamped and recognized by the state.
Sandra Larsen said the product presented was one of the reasons they developed the policy. Amy Usowski said she would speak with the Eastham building inspector about the building and FEMA regulations. Linda Haspel added that the commission should be presented with modified plans. Fred Ambrose replied they brought in a different material which doesn’t leach much and they are willing to address the decking with something natural and use a pressure treated product for the supports and said he wants all of the information that went into the creation of the commission’s no pressure treated wood policy. Sandra Larsen said that she still wanted more information on the effect on the wildlife and knows they heard from Natural Heritage which is understaffed and they don’t have a two growing seasons model to compare to. Jason Ellis
said he cannot give a guarantee of the growth under the house and they can see where certain areas are taking and he thinks they are looking to avoid the scouring and he thinks they will see the area level out.
Fred Rollinson MOVED for a continuance until October 25, 2011, Linda Haspel SECONDED.
ALL IN FAVOR.
6:55PM
Continuation of hearing for 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.
Continuation of hearing for 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.
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.
All three hearings were discussed at once.
Tim Brady represented the applicant and said that there was question as to whether the properties were coastal bank or a dune. They found out they are all coastal bank with a transition zone to the south but the Seaman property is a coastal bank and they are looking at revetment construction concerns and processes. Amy Usowski said that the concern is the impact to abutters and the erosion rate is 1’ per year and it appears to be eroding at that rate on the unprotected properties so there is no escalated erosion due to the sand bags that are already in place. Tim Brady replied they proposed nourishment on the return of the revetment on the north and south properties. Sandra Larsen asked about the unprotected Rubalcaba property which would be situated between two revetments. Tim Brady said the Rubalcabas have 200’ of frontage on
the beach and they are proposing to have a more gradual return on the abutting revetments and nourish them annually.
Stephen Smith closed the hearing to public testimony.
Fred Rollinson MOVED to approve closing the Seaman hearing and a continuance until October 25, 2011, to draft an Order of Conditions, Linda Haspel SECONDED.
ALL IN FAVOR.
Sandra Larsen questioned treating the projects separately if they will be constructed all at the same time. Tim Brady replied they will start with one revetment and work their way down so they should treat them separately.
Fred Rollinson MOVED closing the Scott hearing to public comment and a continuance until October 25, 2011, and Steven LaBranche SECONDED.
ALL IN FAVOR.
Steven LaBranche MOVED to close the Bishop hearing to public comment and a continuance until October 25, 2011 to draft an Order or Conditions Fred Rollinson SECONDED.
ALL IN FAVOR.
7:20PM
Administrative Review permit requested by George A. Patterson. Applicant requests wall repairs and replacements and new windows, at property located at 20 Gile Road, Map 7, Parcel 541.
Albert Pease represented the applicant and said the walls were bowing and they are going to repair the inside of the house and they would have a 25 yard dumpster to haul construction materials away. Amy Usowski said there would be no disturbance to vegetation and told the applicant to check the site daily for loose debris. Also that debris be kept in a covered container in the driveway.
Fred Rollinson MOVED to approve, Vivien Cook SECONDED.
ALL IN FAVOR.
7:30PM
Violation discussion- Gregory Mize, Turnipfield Road. Amy Usowski said that she had given a violation notice to the same person before for cutting of vegetation and he has a revetment so he knows the conservation procedure. She continued to say the violator had a fence created in the face of the bank. She put a letter on the door of the property which was removed within two days and there is one still posted to the structure itself and she sent a $300 fine and enforcement order certified mail and has not received notification they received it. Amy Usowski said she heard it was him constructing the fence but also heard he is ill. Sandra Larsen said they it would be different if he wasn’t aware of the regulations, but he is aware of the process. The commission decided to fine $300 a day from October 7th until he
removes it. There was also discussion about fences along properties south from Gile Road that may have not been approved and could be causing more hard than good. Fred Rollinson said he though $300 fines was high. Amy Usowski replied that the person knows the conservation process, and there is not much room for mitigation, and there has been a lot of damage to the bank. And he has been warned in the past.
Sandra Larsen MOVED to approve a fine of $300/day from Oct 7th on, until the violator removes the fence, Linda Haspel SECONDED.
ALL IN FAVOR.
7:55PM
Minutes approval
Steven LaBranche MOVED to approve the minutes of September 27, 2011 with a correction, Linda Haspel SECONDED.
1 abstention- Vivien Cook
Motion Carried.
8:02PM
Other Business
Silver Spring Beach Association. Amy Usowski announced they had received a superseding Order of Conditions from Mass DEP which approved the project but does not allow for cutting the top of the bank and they will be meeting Thursday with DEP.
Mass DEP Workshop Discussion
The commission decided on a presentation with DEP concerning procedures, requests they can make of the applicant, the demonstration of no adverse effects, and performance standards. Amy Usowski said she would e-mail the commissioners to set up a date and they would let other conservation commissions know so they may attend.
8:30PM
Vivien Cook MOVED to adjourn, Fred Rollinson SECONDED.
ALL IN FAVOR.
Respectfully Submitted,
Shana Brogan
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