Conservation Commission
2500 State Highway
Earle Mountain Room
March 25, 2014
Public Hearing
MINUTES
Commissioners Present: Chair Stephen Smith, Steven LaBranche, Michael Harnett, Linda Haspel and Mary Zdanowicz.
Commissioners Not Present: Fred Rollinson.
Staff Present: Shana Brogan.
Also Present: Liz Simmons, David Conway, Debra DeJonker Berry, Wendy Duffey, James Baughman.
Chairman Smith opened the meeting at 6:05PM.
Continuation of Notice of Intent filed by the Town of Eastham. Applicant proposes demolition of existing parking area and a portion of existing library building and construction of a new library building and parking at property located at 190 Samoset Road, Map 15, Parcel 036 and 35E.
Nitsch Engineering represented the project. They submitted revised plans and went over the maintenance plan for the meadow area and described that it is to be low maintenance and mentioned an added note that no irrigation will be used. The applicant then discussed landscape plans and they noted the tupelo, maple, poplar, and went over the landscape plan, it was noted that shrubs can provide additional habitat. They have provided an action plan to remove the invasive knotweed and provided a detail for the bluestone paving set on gravel with sand. Steven LaBranche noted that cutting it is not going to help as it will spread. It was also questioned whether the fire department accesses the back to get to the pond. Linda Haspel asked to see more of a plan for the knotweed. It was requested of the applicant to supply a
management plan as a condition for the knotweed. It was noted they may need to get a licensed sub-contractor to remove it.
Linda Haspel MOVED to approve, Mary Zdanowicz SECONDED.
ALL IN FAVOR.
Notice of Intent filed by Elizabeth Simmons. Applicant proposes beach sand nourishment at property located at 385 Shurtleff Road, Map 07, Parcel 163.
Stephen Smith suggested that they add in a sand drift fence in the future.
Michael Harnett MOVED to approve, Linda Haspel SECONDED.
ALL IN FAVOR.
An abutter from Plateau Road spoke regarding the noise and disturbance from the recent rock revetment installations over the winter.
Request for Certificate of Compliance filed by Barbara Munday for DEP SE 19-1560 for abandonment of an existing cesspool, installation of septic system and a new well and water line at property located at 250 and 260 Crosby Village Road, Map 14, Parcel 205A and 205B.
Michael Harnett MOVED to continue, Steven Kleinberg SECONDED.
ALL IN FAVOR.
Continuation of Notice of Intent filed by Jay Emerson Davis. Applicant proposes construction of second floor dormers and installation of an I/A wastewater treatment system at property located at 25 Bayberry Lane, Map 13, Parcel 154.
Tim Brady of East Cape Engineering represented the project. He explained that the entire parcel is within 100’ of the top of the coastal bank and there is an existing two bedroom house to remain and the Board of Health requires an alternative treatment system. He also mentioned that all construction is for a dormer. He also noted that there is no problem planting beach plum or bayberry to stabilize the disturbed area and the arborvitae should not be disturbed.
The commission noted there was pruning on the site and a brick walkway that is impervious and if the walkway is disrupted it is to be put back in sand as a condition, no hardener. Stephen Smith noted that every tree has been cut with extensive pruning and there is vista pruning that needs an order of conditions. It was agreed to send homeowner a letter need to apply for an order of conditions for those items. It was noted that a conservation mix or little blue stem to stabilize the area.
Mary Zdanowicz MOVED to approve, Michael Harnett SECONDED.
ALL IN FAVOR.
Continuation of Notice of Intent filed by John E. Hickey. Applicant proposes demolition of dwelling and construction of new dwelling at property located at 105 Bay View Drive, Map 10, Parcel 278.
Sarah Turrano-Flores and Tim Brady represented the applicant. It was discussed that the commission can make the decision of whether the house qualifies for a rock revetment at a later date. Stephen Smith said it is a matter of interpretation and this is a new house and is a larger house, this is a new structure. Sarah Turrano-Flores suggested including a finding in the order of conditions and asked them to defer the decision. Michael Harnett said he was also of the opinion that this is a new house. Mary Zdanowicz also said this is a new house as the existing building is being demolished and it is a bad precedent to call it a reconstruction. Stephen Smith said if house is moved back on the same foundation, then it fits the law completely and then the commission can decide if the additions are acceptable.
Sarah Turrano –Flores noted the regulations do not talk about a house getting bigger the DEP said that it is a reconstruction and said that the DEP said it is a reconstruction. Mary Zdanowicz replied that the DEP can come to a different conclusion today and this is not a precedent that the commission has to follow and the Warner case is a different set of facts.
Sarah Torrano-Flores said they will have a condition that says they can never build a engineering structure and she do not think this needs to be done now, later on the applicant will have to prove there is no other way to protect the house. Tim Brady also said the owner is trying to do the right thing today by moving the house back.
Mary Zdanowicz MOVED consider the proposed house a new building and include the condition that no new coastal engineering structures will be permitted in the future to protect it, Michael Harnett SECONDED.
ALL IN FAVOR.
Continuation of Notice of Intent filed by John and Elisa DiBari. Applicant proposes installation of sand envelopes, removal of invasive plantings, and sand nourishment at property located at 92 Old State Highway, Map 20, Parcel 116C.
Commission agreed this is the last time to continue.
Michael Harnett MOVED to continue one more time to April 29, 2014, Steven LaBranche SECONDED.
ALL IN FAVOR.
Continuation of Notice of Intent filed by Eileen Mandanici. Applicant proposes construction of a rock revetment at property located at 31 Longstreet Lane, Map 10, Parcel 335A.
Michael Harnett MOVED to continue to June 24, 2014, Linda Haspel SECONDED.
ALL IN FAVOR.
Remediation discussion for Order of Conditions violation for Notice of Intent filed by Ralph Lang, for DEP SE 19-1269 for construction of a deck and replacement of retaining walls at property located at 275 Corliss Way, Map 21, Parcel 041.
Tim Brady represented the owner. He suggested they add shrubs pointed the record plan the retaining walls were replaced with rip rap slopes it was noted that the plantings will be placed four feet on center and the area will be twelve feet wide and thirty feet long or 360 square feet. It was also noted there will be mulch rings and the grass to not be dug out.
300 Samoset Road Administrative Review Discussion.
James Baughman said a tree leaning towards the bank. Stephen Smith said he not sure that this is a fix. James Baughman replied he would like to save the tree and the person will climb up in the tree and remove the invasive vines by hand, he thinks the tree can be saved and he would like to remove them from the perimeter of the tree five feet around the trunk. He also said he would like to clip the ivy and remove it from the property. Stephen Smith said you will end up with a lot of bare ground, if nothing is growing silt put into the pond. It was also noted it is a steep bank and at the 0-15’ buffer zone from the pond and they like to keep people from the 50-100’ buffer zone and if the area is restored. Steve Smith said he would have no problem with cutting the vines on that tree and leaving them
Mr. Baughman withdrew his request.
Administrative Review
20 Molls Pond Road – tree removal
Michael Harnett MOVED to approve, Linda Haspel SECONDED.
ALL IN FAVOR.
75 Bay View Drive
Seasonal removal of stairway with a vehicle.
Michael Harnett MOVED to approve, Linda Haspel SECONDED.
ALL IN FAVOR.
35 West Road
Planting beach grass
Linda Haspel MOVED Michael Harnett SECONDED.
ALL IN FAVOR.
Michael Harnett MOVED to adjourn, Steve LaBranche SECONDED.
ALL IN FAVOR.
Mary Zdanowicz MOVED to reopen the meeting Linda Haspel SECONDED.
ALL IN FAVOR.
Open Space and Recreation Plan.
Stephen Smith noted that the open space did a good job.
Mary Zdanowicz MOVED to adopt the Open Space and Recreation Plan Linda Haspel SECONDED.
ALL IN FAVOR.
Adjournment
Steven LaBranche MOVED to adjourn, Michael Harnett SECONDED.
ALL IN FAVOR.
Respectfully Submitted as prepared by,
Shana Brogan
_______________________________
Stephen Smith, Chairman
Conservation Commission
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