Meeting Minutes
November 22, 2011
Eastham Town Hall
Earle Mountain Room
2500 State Highway
Commissioners Present: Chairman Stephen Smith, Linda Haspel, Sandra Larsen, Steven LaBranche, and Vivien Cook.
Commissioners Not Present: Fred Rollinson
Staff Present: Conservation Agent Amy Uswoski, Administrative Assistant Shana Brogan.
Also Present: Eric and Anne Bernazzani, Bill Mostyn, Donna and James Demitri, Jay Norton of Coastal Engineering, Linda and Terry Tuchin, Joan and John Carlton, Tom McGuire and George Ayoub of Mass DOT.
6:00PM
Chairman Smith opened the meeting.
Continuation of hearing for Notice of Intent filed by Thomas Rodgers. Applicant requests replacing sandbags with installation and maintenance of a stone revetment at property located at 95 Shurtleff Road, Map 10, Parcel 236.
Tim Brady represented the applicant and said the hearing was continued due to no DEP filing number. He clarified that during construction of the revetment, the bottom portion of the stairs currently in place would be temporarily removed and then put back and said he thinks they currently are not pressure treated and nothing would be re-constructed, but if they were pressure treated materials, they would replace with something that is not.
Steven LaBranche MOVED to approve, Vivien Cook SECONDED.
ALL IN FAVOR.
6:07PM
Continuation on Notice of Intent filed by Eastham Department of Public Works. Applicant requests reconstruction of Ellis Road to eliminate storm water discharge to Town Cove, Map 22.
Amy Usowski stated she spoke with Neil Andres of the Eastham DPW the previous day and he was in contact with an abutter, so they should hold the hearing for two weeks.
Linda Haspel MOVED to continue until December 13, 2011, Vivien Cook SECONDED.
ALL IN FAVOR.
6:09 PM
Continuation of hearing for Notice of Intent filed by Ruth Taylor. Applicant requests vista pruning on a coastal bank at property located at 50 Smith Heights Way, Map 18, Parcel 055.
Linda Haspel MOVED to approve a continuance to December 13, 2011, Vivien Cook SECONDED.
ALL IN FAVOR.
6:10PM
Continuation of Notice of Intent filed by David Valovcin. Applicant requests extension of current stone revetment and nourishment at property located at 15 West Road and 300 Silver Springs Beach Road, Map 4, Parcel 481 & 480.
Jay Norton of Coastal Engineering represented the applicant amd explained they are concerned about severe erosion that has taken place over time and the protection of the house so they propose to extend the revetment and remove the association stairway temporarily during construction, and place it back. He continued to go over the construction protocol, and said they will fill in behind the revetment to create a more stable slope and they are looking into re-locating the dwelling, but have to stabilize the slope first. The commission agreed that in addition to the 145 cubic yards of nourishment required when the revetment was originally installed, the applicant will have to place an additional 155 for a total of 300 yards annually. Amy Usowski said that there was a discrepancy in the ongoing condition and the homeowners have not been
nourishing since the original revetment was installed. The commission decided the placement of sand would be closer to the beach and stair area, and not in one large pile. They also decided that they would monitor the nourishment amount and adjust it accordingly.
Steven LaBranche asked if the project would be connected to another revetment and Amy Usowski replied that the abutters, the Symanskis, have is a post 1978 house so propose to use a soft solution to be constructed in the near future. Bill Mostyn of 95 Claire Way said he was concerned about the Silver Springs Beach Association beach access and concerned about the lack of nourishment and enforcement of nourishment violations in the past. Bill Mostyn also asked about the economics of the project and Jay Norton replied that they were there to discuss the Wetlands Protection Act and that the company that the Valovcins hire will put the stairs back upon completion of the project. Amy Usowski reiterated that the orders of conditions will say that the stairs have to be put back as part of the project and if they do not nourish with the
amount required yearly they will be fined.
Steven LaBranche MOVED to close to public comment and continue to December 13, 2011, Vivien Cook SECONDED.
ALL IN FAVOR.
7:00PM
Notice of Intent filed by Linda and Terry Tuchin. Applicant requests an after the fact filing a 3’ x 35’ footpath for kayak access, second 3’ x 90’ footpath for access to beach area, plantings, and removal of phragmites at property located at 155 Mary Chase Road, Map 18, Parcel 87.
Terry Tuchin explained that they propose to have two paths to the marsh water, one for launching kayaks and the other to a small open beach area and they would plant shrubs for the no mow zone. They also explained that they were not sure if the second path was town of Eastham property or an abutter’s property. Amy Usowski said the path should grow back quickly and the plants will be a good visible barrier. Chairman Smith clarified that if the property is to change hands, the no mow zone will remain in effect on their deed in perpetuity.
Sandra Larsen said she could not justify the second 90’ path to the beach area to the Wetlands Protection Act or the Town Bylaw and however she can understand having one path on their property for access. The commission agreed to one access, but two has not been allowed for coastal property owners. The Tuchins explained that they did not want their grandchildren to get ticks and Sandra Larsen said it is not a good idea to try to access the open beach area which is also the property of the Town of Eastham if there are ticks and that they are looking at how the wetland is functioning not recreation purposes. Terry Tuchin asked how it was destructive to the salt marsh and Sandra Larsen replied that there are likely plants and other invertebrates that are affected, the salt marsh grass needs to be tall in order to function properly, and
rare species were mown in the initial violation that may not grow back.
Steven LaBranche MOVED to approve the project with the elimination of the second 3’ x 90’ footpath, Vivien Cook SECONDED.
ALL IN FAVOR.
7:25PM
Notice of Intent filed by James and Donna Demetri. Applicant requests an after the fact filing to plant select trees, shrubs at property located at 265 Herring Brook Road, Map 17, Parcel 486.
John Covell of Covell Brothers Landscaping represented the applicants who suggested meeting with the conservation agent to discuss placement of the plants and trees. It was clarified the stumps were to be left for erosion control and the there were tall trees there originally, so there should be tall trees planted. The commission agreed tupelo should be planted there included in the 10 trees and six shrubs and they will re address the planting after it is done to see if more needs to be added.
They had not heard from NHESP, so the hearing could not be voted on.
Steven LaBranche MOVED to approve a continuance until December 13, 2011, Vivien Cook SECONDED.
ALL IN FAVOR.
7:35PM
Notice of Intent filed by Frederick and Janet Guidi. Applicants request construction of a 24’ x 30’ garage at property located at 20 Arrowood Drive, Map 17, Parcel 774.
Slade Associates represented the applicant and said the projects affects two wetlands, one to the NW is 62’ and to the SW is 79’ away and it will be on a 4’ slab. The commission agreed runoff should be though drywells. Amy Usowski said the garage is proposed in an existing used area and the applicants would plant shrubs as mitigation. Sandra Larsen asked for an alternatives analysis for the placement of the garage.
Steven LaBranche MOVED to approve a continuance until December 13, 2011, Linda Haspel SECONDED.
ALL IN FAVOR.
Request for a three year extension permit filed by Ducibella DEP SE 19-1061.
Steven LaBranche MOVED to approve, Linda Haspel SECONDED.
ALL IN FAVOR.
7:55PM
Violation meeting, Massachusetts Department of Transportation. Tom McGuire explained that they hired a contractor to do work on a pipe under route 6 near a wetland, but they did not do it correctly, and left materials at the site and propose to take material out that was left and stabilize the slope that was damaged with 6” – 8” rocks in order to access the pipe at a later time without interfering with vegetation and they would come back to file an RDA. Amy Usowski noted the vegetation impacted was mostly honeysuckle and she wants to make sure everything will go into drywells so there are no contaminants in the wetland. The commission agreed for the planting of high bush blueberry, winterberry and pepperbush to be planted on the later fall or in the spring of 2012. DOT said they would remove the material dumped by
hand or using a matching staged from the road and no machinery would go in the wetland. Amy Usowski gave Mass DOT until December 22, 2011 to file the RDA with the commission.
Steven LaBranche MOVED to enact the enforcement order, Vivien Cook SECONDED.
ALL IN FAVOR.
Other Busienss
Minutes
Work Session Minutes - February 22, 2011.
Steven LaBranche MOVED to approve the minutes, Vivien Cook SECONDED.
ALL IN FAVOR.
Minutes September 13, 2011
Steven LaBranche MOVED to approve the minutes with one correction, Linda Haspel SECONDED.
ALL IN FAVOR.
Minutes October 25, 2011
After corrections and additions the commission decided to hold the minutes on December 13, 2011
8:35PM
Steven LaBranche MOVED to leave the regular hearing, and enter executive session, Vivien Cook SECONDED.
ALL IN FAVOR.
Respectfully Submitted,
Shana Brogan
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