Conservation Commission
Eastham Town Hall
2500 State Highway
Earle Mountain Room
February 12, 2013
MINUTES
Commissioners Present: Stephen Smith, Steven LaBranche, Michael Harnett, Linda Haspel and Fred Rollinson.
Commissioners Not Present: Vivien Cook.
Staff Present: Jeff Thibodeau, Shana Brogan.
Also Present: Adam Saffer, Tim Brady of East Cape Engineering, Lauren McKean CCNS, Peter Wade, Mark Follett, Daniel Cadorette and Nathan Simpson.
6:03 PM Chairman Stephen Smith opened the meeting.
Continuation of Request for Amended Order of Conditions filed by Adam Saffer DEP SE 19-1485. Applicant proposes deck material changes for decks for DEP SE 19-1485 for garage addition, pervious driveway, reconstructed retaining wall and outdoor shower, walkway, deck extension, and second floor deck addition at property located at 20 Nickerson Road, Map 14, Parcel 122.
Adam Saffer requested to change the approved deck reference in the Order of Conditions that indicated PVC and pressure treated lumber use was not permitted. Mr. Saffer proposed using Lifewood product that does not decay and/or leach. Stephen Smith said the commission should consider this as they have a policy in place for no PVC or pressure treated wood and it has been a policy that many applicants have adhered to.
Stephen Smith recognized the amount of work and information the applicant provided for the commission and noted pressure treated wood contains chemicals and copper which is detrimental in a marine environment. He informed the applicant there are many readily available timbers that with a life of 15-150 years and there are alternatives that will work with non-toxic coatings. Mr. Saffer said he was not given any alternatives and he does not want a deck that he will have to replace.
Stephen Smith suggested alternative products including using shellac, linseed oil, and whea coatings from Vermont. He continued to say white pine and locust is readily accessible. Fred Rollinson asked about Lifewood and how much less it leaches. Mr. Saffer responded that it releases 90-99% less copper and it has numerous other accreditations and it is more expensive than pressure treated but less than TimberSil. Mr. Saffer provided more information and accreditations for the product. HDPE was offered as an option. Stephen Smith said the commission can vote on the proposed amendment, continue the hearing or the applicant can find another solution.
Peter Wade spoke from the audience and informed the commission of his difficulty finding TimberSil wood product as it is not in stock. Jeff Thibodeau noted PVC was not written into the order of conditions.
Linda Haspel MOVED to deny the request for an Amended Order of Conditions, and no PVC or pressure treated materials could be used for the proposed and approved decks, Steven LaBranche SECONDED.
Fred Rollinson abstained.
MOTION CARRIED.
6:55PM
Notice of Intent filed by the Cape Cod National Seashore. Applicant proposes widening the Nauset bike trail on Nauset Road.
Project to widen parts of the Nauset Bike Trail from 8’ to 10’. Lauren McKean informed the commission there will be no widening within 50’ of wetlands and they will do box turtle sweeps. Project to be done in two phases, one will be done in the spring of 2013. The entire trail will be re surfaced. Mini excavator, bob-cat will be used. Lauren McKean said bushy rock rose will be protected.
Fred Rollinson MOVED to approve, Michael Harnett SECONDED.
ALL IN FAVOR
7:10PM
Notice of Intent filed by Ross Bierkan. Applicant proposes beach access stairway at property located at 225 Sparrow Road, Map 04, Parcel 190.
Wood bulkhead in place for a number of years and there was never a stairway in place. Stone steps and beach grass proposed that can grow around the area. No hand rail proposed. Platform and stairway to be removed seasonally. They staked the platform area and it will be all natural lumber and there which will likely be fir or mahogany. 4’ stone slab steps. Plan shows the larger patio which will be changed.
Jeff Thibodeau went over missing information. Stephen Smith requested dry-laid steps.
Fred Rollinson MOVED to approve, Michael Harnett SECONDED,
ALL IN FAVOR.
Notice of Intent filed by Robert Cleary. Applicant proposes septic system repair at property located at 101 Dyer Prince Road, Map 19, Parcel 102.
Tim Brady of East Cape Engineering represented the project. Septic was initially installed in 1999 and there was a lot of vegetation that has clogged it and they will remove the system and the retaining wall will remain and work will remain from the driveway. Discussion occurred on the vegetation being wetland types so the buffer zone may have moved. It was discussed that current regulations apply to have no pressure treated wood if the railroad ties are replaced.
Steven LaBranche MOVED to approve, Fred Rollinson SECONDED.
ALL IN FAVOR.
Preliminary informal Eastham Wetlands Bylaw revisions discussion regarding possible bylaw amendments and regulations.
No Discussion
Approval of Minutes
September 28, 2010
Steven LaBranche MOVED, to approve, Fred Rollinson SECONDED.
ALL IN FAVOR.
October 26, 2010
Steven LaBranche MOVED to approve, Linda Haspel SECONDED
ALL IN FAVOR.
September 11, 2012
Steve LaBranche MOVED to approve, Fred Rollinson SECONDED.
ALL IN FAVOR.
September 25, 2012
Fred Rollinson MOVED to approve, Michael Harnett SECONDED.
ALL IN FAVOR.
Other Discussion
Peter Wade of the Open Space Committee addressed the commission and said he is working on a permitted project and TimberSil is very expensive. Stephen Smith responded they should turn the policy into a regulation and besides using native timbers. Stephen Smith also said pine and locust and all can be ordered from saw mills and he recently ordered sawn lumber. Michael Harnett suggested giving applicants more alternatives. Stephen Smith agreed to put together a list, and they should specifically state native lumbers to be used. Borate treated lumber pressure treated lumber which is designed for indoor use and if sealed can be used was suggested. Fred Rollinson if borate is not treated and it is used outside. Stephen Smith alco commented that if the commission is going to prohibit specific materials such as PVC, that it is
time to start requesting a materials list on the weather-faced surface of the house. If the house is properly constructed than it is not exposed to the weather. Fred Rollinson if you do not know enough he did not know how one can say yes or no. Michael Harnett commented on Cape Cod Bay and the number of bottom of the boats which are coated with copper and the stairways are not as much as the boats. Linda Haspel said she does not want to change a no to a yes without more information.
Cannot make case in the bylaw, but can enact regulations.
Steve Smith said it depends on the plants for treating.
9:15PM
Adjournment
Steven LaBranche MOVED to adjourn and Linda SECONDED
ALL IN FAVOR.
Respectfully Submitted as prepared by,
Shana Brogan
______________________
Stephen Smith
Conservation Commission Chairman
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