Eastham Conservation Commission
On-Site Violation Meeting
18 Horton Way, Eastham
October 24, 2011
Commissioners Present: Chairman Steve Smith, Steve LaBranche, Vivien Cook, Sandra Larsen, Linda Haspel, Fred Rollinson
Staff Present: Deputy Officer of Natural Resources Amy Usowski
Also Present: homeowner Gregory Mize
9a.m.
The Eastham Conservation Commission convened to discuss the violation completed by Gregory Mize of 18 Horton Way to the Coastal Bank. Mr. Mize had entrenched a split-rail fence on top of his rock revetment into the Coastal Bank without a permit.
Mr. Mize said that he has been trying to keep his bank vegetated with beach grass for years and that it just doesn’t take. He thought that replacing his snow-fence with a sand-drift fence was an in-kind replacement and that is why he did not file with the Commission. He said kids routinely climb over his rocks and play at the top of the revetment, and he wanted to put up something that would keep them off.
Chairman Steve Smith stated that it was not an in-kind replacement and regardless the Conservation Commission needed to be made aware and they were not. He thought perhaps that digging the holes and trenching to put the new fence in may have caused more damage to the coastal bank and could potentially undermine his revetment. He also felt that this larger, more stable fence might invite people up there to sit on it.
Steve LaBranche commented that the slope was very steep and unstable, and that perhaps the large live pitch pines that were surviving on the slope needed to be cut as they were dragging the slope down with them. If there were more light because of less canopy then Mr. Mize might be able to get the beach grass to grow better. He suggested stabilizing the slope with jute netting and trying to plant beach grass within that.
Deputy Usowski suggested using several rows of half-snow fence. Unlike the full-size snow fence, which acts like a sail in the wind, the half fence acts to capture more windblown sand and would also discourage people from going up and using the area as it would be hard for them to navigate around. You could then jute the slope and plant it with beach grass.
Sandra Larsen and Linda Haspel stated they liked that idea but was curious about the fines. Linda Haspel recommended using the fines to hire a consultant to advise Mr. Mize and the Commission. After some discussion, the Commission voted to see if Gordon Peabody of Safe Harbor Environmental, who is a professional in steep slope stabilization, be retained to give the Commission and Mr. Mize his opinion on what needed to be done. He will also be asked to speak to whether the existing fence should be totally removed, cut at grade, or left in place – whatever is best for the stability of the slope.
An initial $300 fine was issued to Mr. Mize on 9/29/2011. In the Enforcement Order that was also issued on that day, it stipulated that Mr. Mize needed to make some attempt to contact and work with the Commission to fix the issue by 10/6/2011 then the Commission would issue fines in the amount of $300 per day until effort was made to contact the Commission or the fence was removed. These fines amounted to $1800 before Mr. Mize contacted Deputy Usowski. He stated that he was on vacation overseas and that his daughter was the one who had been to the house and had removed the Stop Work Order from the door. Deputy Usowski asked why she did not contact the office or why she did not notify him of this sooner. Mr. Mize stated that she did not want to bother him on his vacation. The Commission
voted to rescind the $1800 in fines but to keep the initial $300 that was issued to Mr. Mize. The Commission asked that the $300 fine be used to retain Gordon and get his opinion. Linda Haspel MOVED and Vivien Cook SECONDED the motion. All were in favor.
The Commission adjourned their on-site meeting at 10a.m.
Respectfully Submitted,
Amy Usowski
Deputy Officer of Natural Resources
Town of Eastham
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