Eastham Conservation Commission
Eastham Town Hall
Earle Mountain Room
2500 State Highway
January 08, 2013
MEETING MINUTES
Commissioners Present: Chairman Stephen Smith, Steven LaBranche, Linda Haspel, Vivien Cook, Fred Rollinson and Michael Harnett.
Commissioners Not Present: None.
Staff Present: Jeff Thibodeau and Shana Brogan.
Also Present: Marcel Boulitz, Clint Kanaga of Ponderosa Landscaping, Tim Brady of East Cape Engineering, Sam Southworth, Patricia Crow of Hadley Crow Studio.
Stephen Smith opened the meeting at 6:03 PM.
Water Management Committee bylaw amendment request discussion.
Linda Haspel said she sent an e-mail with questions and comments. Other commissioners had not yet made comments.
Marcel Boulitz explained that run off from upland properties into ponds and waterways has caught their attention and it is easy to eliminate, however some abutters will not look kindly but ponds are being repaired at public expense. He continued to say the Wetlands Protection Act and Eastham bylaw empowers the commission to eliminate run off.
Linda Haspel questioned the origin of the phosphates entering the ponds. Mr. Boulitz explained that during storm events particles attach to the water and wash down into ponds coming from roads and parking areas and suggested vegetating the buffer zone and explained that the amendment is to help with proposals and turf lawns in the buffer zone. If there is an NOI and use an amendment to minimize the turf on the property.
Stephen Smith commented that the Water Management Committee is proposing this to go along with the alum treatment for Herring Pond and the commission needs to consider how they want to address it. He continued to say that as notice of intent filings come across the table, the commission work what the amendment is addressing on a case by case basis and the amendment would automatically put every owner with a buffer zone in violation.
Request for Amended Order of Conditions by Karen and Kevin McCarthy. Applicants propose planting plan modifications at property located at 13 &15 Bayberry Lane.
Clint Kanaga went over proposed conditions changes and said they will replace the hardened cobble set with a pervious base. Jeff Thibodeau asked the commission if they want to add any additional conditions to the permit. Stephen Smith clarified the mulch is to be used for only two seasons.
Steven LaBranche MOVED to approve, Fred Rollinson SECONDED.
ALL IN FAVOR.
Notice of Intent John Cannon and Diane Lim. Applicant proposes well installation, and deck construction associated with house construction at property located at 65 & 55 Piper Lane, Map 12, Parcel 265 & 266.
Steven LaBranche MOVED to continue to January 22, 2013, Fred Rollinson SECONDED.
ALL IN FAVOR
Request for Amended Order of Conditions filed by Ross Bierkan. Applicant proposes new planting list, tree removal, installation of stone patio, walkways, expanded driveway and installation of dog pen at property located at 225 Sparrow Road, Map 04, Parcel 190.
Tim Brady explained the proposal for a planting schedule, a random stone patio, dog pen, and driveway within the original limit of work. He explained the patio is to have a gravel base with stone on top of patio and the dog pen is to be planted with grasses so it will be vegetated and they propose an increased driveway on the south side to allow more parking. East Cape Engineering accepted responsibility for the 110’ sq. ft. larger deck that was not built to the approved plan. Tim Brady continued to say they are also proposing work outside of limit of work including invasive vegetation to be removed and plantings to be made up for and the areas add up for 7,980 sq. ft. of improvement areas to be planted.
Jeff Thibodeau said there is a lot to consider with the project and it is difficult to understand what is going to be removed and what is going to be added. It was noted there are some fir trees proposed to be removed. Tim Brady said the owners are interested in an appropriate landscape and in general they will have considerably more plantings there than are present today. Stephen Smith said if the project came through completely as one including the present proposals the commission should consider if they have approved it. Stephen Smith also noted that the driveway has been installed already and been hardened and there is a mix of stone. He continued to say the entire parcel is a no mow zone, the deck is already large and the development proposed with this plan is larger than is necessary for what is there and patios
will not be as permeable or absorbed.
Tim Brady replied that they are not proposing to mow. They have downspouts, they are not fertilizing the area and he is not concerned about what the run off to the site.
Stephen Smith said he is concerned with the paving and the driveway was holding water. The entire property is within the buffer zone and shell set on sand will become impervious over time. Fred Rollinson noted the driveway has been doubled in size. Stephen Smith said they are coming back with a major redevelopment, the scope of work is close to a notice of intent filing, and they have not looked into other viable possibilities.
Fred Rollinson MOVED to continue to January 22, 2013,
ALL IN FAVOR.
Jeff Thibodeau said a new 6’ cedar is not better, you are losing the bio mass. You can’t assess how it will better without the information.
Notice of Intent filed by Gregory and Julie Douglas. Applicant proposes installation of a rock revetment and beach access stairway at property located at 325 Shurtleff Road, Map 07, Parcel 177.
Tim Brady represented the project. He explained they have proposed a landing in the middle of the proposed beach access stairway and the stone revetment is a typical revetment construction. He continued to say they have shown returns to try and mitigate scour and any bank nourishment will be added at both returns. There is no sand drift fence proposed.
Steven LaBranche requested installing sand drift zig-zag fencing from the revetment to the property lines to catch some sand and further prevent erosion. Stephen Smith noted there are properties to the north and south without a revetment and there is a lot of time until the house succumbs to erosion. Linda Haspel wondered if the application is premature. Stephen Smith said they are eliminating if there are feasible alternatives and suggested conditioning so that damage to the abutting properties is not affected. There was dispute and discussion regarding a benchmark. Stephen Smith also noted if location of the toe is known and requested notes on the plan regarding pressure treated and size of stairs, toe of bank to be surveyed and sand drift fence added, so you have the ability to recognize reflection. It was agreed to
revisit the annual nourishment amount.
Vivien Cook MOVED to continue to January 22, 2013, Fred Rollinson SECONDED
ALL IN FAVOR.
8:30PM
Notice of Intent filed by Sara Nelson. Applicant proposes vista pruning and removal of two trees, stone pathways and stone retaining wall and invasive species removal at property located at 325 Goody Hallet Drive, Map 20, Parcel 034.
Patricia Crow represented the project. Stephen Smith said the low area in the ACEC that is not contiguous with the marsh. Revisit driveway area, water may not well up in the depression and at moon high tides fills the entire marsh. There is some room so fill does not have to take place in the depression. And they have had the applicant pick one specific location for a view corridor. It was noted that all the cedars have been trimmed in the past. Patricia Crow informed the commission that the owner would like to have a garage in the low area indicated on the plan where fill is proposed.
Stephen Smith questioned the low area and considered it ACEC he also pointed out there is a note about blue stone dust which is only just out of the 100’.
It was determined that the ACEC to be revisited by Ryder and Wilcox and delineated. Fred Rollinson noted the cedar tree proposed for removal is healthy, but misshapen. Stephen Smith requested the lot line to be staked and one tree would eliminate vista pruning as well as further mitigation measures.
Fred Rollinson MOVED to continue to January 22, 2013, Vivien Cook SECONDED, ALL IN FAVOR
Request for Certificate of Compliance filed by Wendy Shotsky and Laura Saleem-Brodsky for DEP SE 19-1201 for water access stairway at property located at 8 Sibley Way, Map 18, Parcel 051H.
Steven LaBranche MOVED to approve Fred Rollinson SECONDED.
ALL IN FAVOR
Request for Certificate of Compliance filed by Wendy Shotsky and Laura Saleem-Brodsky for DEP SE 19-898 for foundation replacement at property located at 8 Sibley Way, Map 18, Parcel 051H.
Steven LaBranche MOVED to approve, Michael Harnett SECONDED
ALL IN FAVOR
Request for Certificate of Compliance filed by Wendy Shotsky and Laura Saleem-Brodsky for DEP SE 19-835 for construction of stone driveway at property located at 8 Sibley Way, Map 18, Parcel 051H.
Steven LaBranche MOVED to approve, Mike Harnett SECONDED
ALL IN FAVOR.
Request for Certificate of Compliance filed by Wendy Shotsky and Laura Saleem-Brodsky for DEP SE 19-758 for septic system installation at property located at 8 Sibley Way, Map 18, Parcel 051H.
Steven LaBranche MOVED Vivien Cook SECONDED
ALL IN FAVOR
The commission discussed and considered implementing a regulation to stop the storage of kayaks and other boats in the resource area as it is a detriment to the marsh grass.
Minutes
October 23, 2012
Steven LaBranche MOVED to approve Fred Rollinson SECONDED
ALL IN FAVOR.
Wetlands Bylaw Change Discussion
Stephen Smith said he would rather see a bylaw and said there is education vs. regulation. Linda Haspel said they should be educating about fertilizers. Vivien Cook suggested sending out information. Linda Haspel said 100’of no mowing is going to be impractical. Stephen Smith suggested converting to low phosphates detergents and have a bylaw for inspection of septic systems.
Jeff Thibodeau said a brochure is more expensive, a letter is less effective, can be sent to the entire town and with land use changes keep it simple and user-friendly and everyone is within a watershed to a pond.
Adjournment
9:20PM
Steven LaBranche MOVED to approve, Mike Harnett SECONDED
ALL IN FAVOR.
Respectfully Submitted as prepared by,
Shana Brogan
_______________________________
Stephen Smith, Chairman
Conservation Commission
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