Conservation Commission
Eastham Town Hall
2500 State Highway
Earle Mountain Room
February 26, 2013
MINUTES
Commissioners Present: Chairman Stephen Smith, Steven LaBranche, Linda Haspel, Michael Harnett and Vivien Cook.
Commissioners Not Present: Fred Rollinson.
Staff Present: Jeff Thibodeau, Shana Brogan.
Also Present: Paul Hallisey, Michael O’Connor of Eastham Natural Resources, Neil Andres of Eastham DPW, Russ Sandbloom, Andrea Aldana, Scott Sebastian, Mary Hake, Barbara Walsh, Sarah Torrono-Florez, Theresa Sprague, Robert Prescott of Mass Audubon, Jason Ellis of JC Ellis Design.
6:05PM
Chairman Stephen Smith opened the meeting.
Request for Determination of Applicability filed by the Town of Eastham. Applicant requests a determination as to whether the area or proposed demolition and removal of existing dwelling, shed and septic system and planting with grass mix is subject to jurisdiction of the Wetlands Protection Act at property located at 590 Steele Road, Map 04, Parcel 108.
Neil Andres of the Eastham DPW informed the commission they propose to remove the home from the site and set out picnic tables. They may have to remove one tree in order to remove the septic system. Town staff will perform occasional vegetation maintenance and they will use plantings to keep from parking or driving in the area. It was noted they need a plan that shows a limit of work.
Steven LaBranche MOVED to approve a negative determination reason #3, Michael Harnett SECONDED.
ALL IN FAVOR.
6:14PM
Notice of Intent filed by the Town of Eastham. Applicant proposes renewal of Order of Conditions for existing shellfish aquaculture sites and extending vehicular access across tidal flats to include the months of October, November, April and May for specified aquaculture sites in the inter-tidal areas of Cape Cod Bay at property located at 1620 Samoset Road and associated tidal flats, 650 S. Sunken Meadow Road and associated tidal flats, Nauset Marsh, and Town Cove.
Michael O’Connor of Eastham Natural Resources represented the project along with Neil Andres of the Eastham Department of Public Works. They explained the notice of intent is for all aquaculture sites and they request expanded ATV vehicular access to the grant sites in Cape Cod Bay only in the fall and spring. Jeff Thibodeau stated the main issues are what the vehicular impacts are, and how to address them and whether to have one area for travel or an open area of travel. Stephen Smith requested a protocol for vehicle strandings. He also said he does not want to see a set of defined tracks interfering with the natural eddies. Linda Haspel mentioned marine entanglements requested protocol and maintenance plans to be in place to reduce them. Breakaway clips were suggested by Mike O’Connor that are used to adhere
to lobster regulations. Mike O’Connor said he will contact the Division of Marine Fisheries to determine what they require. Neil Andres suggested having the four wheel vehicles convoy. Russ Sandbloom, an aquaculture grant holder, requested if the project could be modified to include trucks, and not just ATVs.
Robert Prescott of Mass Audubon said there are federally listed endangered species that nest on the beaches in the area, there are migratory shorebirds, and there is a level of disruption coming and going from the aquaculture sites and the birds are often disturbed. He also commented that May is really difficult month and driving is proposed on a beach and area that is in an ACEC and driving is killing marine invertebrates after April when they become active. He also mentioned diamondback terrapin turtles nest in both areas proposed for vehicular access and driving is going to be a problem with them. Entanglement and netting that does come lose and Wellfleet has an annual beach clean-up as well as Barnstable County shellfish clean up if the town is going to be the applicant. It was determined to look into biological
activity, the number of trips look and to see what effects occur.
Stephen Smith said there is a lot of foot traffic in the area and it disappears with the tide.
Michael O’Connor said there is no log on the amount of trips made through the winter in the past and he said there are 10 to 12 acres in use currently of the 28 but possible more sites to be used if more access for sites is permitted.
Stephen Smith wondered if walking the flats is detrimental at bee’s river mouth as it is devoid of natural organisms. He also informed the commission the Division of Marine Fisheries surveys the proposed shellfish aquaculture sites to see if they are productive and producing shellfish naturally in the tidal area prior to issuing a grant permit.
Stephen Smith said they would have to avoid the eel grass at Boat Meadow area.
It was mentioned piping plovers return in March and lay eggs in April. Mass Natural Heritage and Endangered Species Program has guidelines to adhere to. When the plovers hatched the state will have to come down to monitor.
Steven LaBranche MOVED to continue to March 26, 2013, Michael Harnett SECONDED.
ALL IN FAVOR.
Request for Determination of Applicability filed by Mass DOT. Applicant requests a determination as to whether the area or proposed drainage alteration including removal of catch basin and pipe installation and associated work is subject to jurisdiction of the Wetlands Protection Act at property located at 5645 Route 6, Map 02, Parcel 033C.
Tom McGuire and Mike Clements of Mass DOT represented the project and said it is a small drainage project and they are within a buffer of bordering vegetated wetland. Gail Maglios drainage systems in her driveway area. They are proposing to eliminate the catch basin and change the other drainage basin to a manhole structure with a cover and no grate and it turns to ice in the area. 5 x 5 stone trench silt fence as erosion control. There will be an improvement to the drainage but there is storm water discharge. They have a permit for drainage easement. Linda Haspel suggested getting alternatives for the discharge and to be consistent the filing needs to be a notice of intent. The applicant responded that they have sumps and as far as stone pad to provide for infiltration. Run-off does go to the wetlands and they
requested a negative determination. They could expand the stone pad which would increase the infiltration. Vivien Cook said needed to see alternatives could make a better situation for everyone and reduce for everyone and reduce the impact to the wetlands and one arm of the state and look at the environmental part of the state and the other interests of the state as well.
Linda Haspel MOVED a positive determination and the applicant to file a notice of intent, Michael Harnett SECONDED,
Steven LaBranche Opposed.
MOTION CARRIED.
7:18PM
Continuation of Notice of Intent filed by Paul and Margaret Hallisey. Applicant proposes clearing 70 +/- trees at property located at 185 Goody Hallett Drive, Map 20, Parcel 55.
Paul Hallissey informed the commission they have specified a non-mowing species so there will be no lawn mowing. They have staked the limits and he also flagged the trees to be removed. They plan to remove 40 trees. There is a proposed landscape berm. They put drywells in as mitigation for each drywell. Removal of trees will provide more sunlight. There are healthy oak trees they will save and they plan to prune other trees which have broken limbs. Under the 18” tree so one tree will have to be removed.
Jeff Thibodeau commented this can be looked at as woodland management, if the seed mix. The main concern is the berm, it is not required and at some point it could be converted. Steven LaBranche would rather see plants that follow the stake line concerned about 20” oak to be removed at 50’ buffer. Use trees from the approved plant list.
Steven LaBranche MOVED to approve, Vivien Cook SECONDED.
ALL IN FAVOR.
7:36PM
Notice of Intent filed by Mary Jane and Frans Cramer. Applicant proposes 1.) lifting dwelling onto open pile foundation with associated access stairway, 2.) construction of two additions, 3.) deck expansion and deck additions with associated stairway, 4.) addition to existing garage and associated elevated walkway, 5.) elevated beach access walkway and 6.) septic system installation at property located at 325 Harmes Way, Map 01, Parcel 109.
Theresa Sprague, Stacy Rogers, and Sarah Torrano-flores represented the project.
They propose to elevate the house onto a pile foundation and they propose to elevate on to helical pile foundation. Decks proposed to eliminate foot traffic on the dune area as well as a new septic system. Theresa Sprague explained the existing cape house is being consumed by dunes. No invasive species were found on the property. The proposed project will remove the dwelling to protect the barrier beach and preserve the dune system keeping it from the dune system they will remove the sand and vegetation from the area and bring it back. No vegetation will be disturbed on the frontal dune. They propose to remove the vegetation from the site during the construction project store it, and then bring it back to the site to re-establish. Septic system area will be restored with vegetation. Machinery should only be allowed on the
marked-out pathways. Jeff Thibodeau commented that the dune will be able to migrate once the house is lifted and the main concern is the coastal dune and house is increasing substantially in a velocity zone. He also said is not shown on the plan how vegetation to be re-stabilized in the absence of light and said with the increase in size of the decks there will be an increase in the shading
Jason Ellis garage will continue to function as a garage. TimberSil wood product to be used on the piers.
Vivien Cook requested photographs of all the project phases before and everything after.
Steve LaBranche requested a pre-construction inventory of the plants to be removed to be submitted prior to removal. Linda Haspel requested more exploration for the impact if, any, of the increased size. Temporary irrigation may be required for first two growing seasons.
Vivien Cook MOVED to continue to March 12, 2013, Michael Harnett SECONDED
ALL IN FAVOR.
8:22PM
Notice of Intent filed by Ralph Belford. Applicant proposes removal of existing dwelling, construction of dwelling and installation of septic system at property located at 700R Ocean View Drive Map 24, Parcel 005.
Gordon Peabody of Safe Harbor and Peter Coneen represented the project. They will plant rosa virginiana and not rosa rugosa. No PVC piping will be used underground. No MESA review required. Planning to remove the house in the early fall they will use biomimicry to help transition.
Vivien Cook MOVED to approve, Steven LaBranche SECONDED
ALL IN FAVOR.
8:47PM
Bob Mumford requested tree removal due to storm damage.
Steven LaBranche MOVED to approve, Vivien Cook SECONDED.
ALL IN FAVOR.
Brief Discussion on Pressure Treated Lumber
The commission discussed linseed oil potential to require lumber and other products to be cut off-site. Definitely have alternatives tong oil—would like to move right to a regulation. Local businesses should be able to special order with lead time. Aztec is HDPE-based.
9:00PM
Adjournment
Steven LaBranche MOVED to adjourn, Vivien Cook SECONDED.
All IN FAVOR.
Respectfully Submitted as prepared by,
Shana Brogan
_______________________________
Stephen Smith, Chairman
Conservation Commission
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