Eastham Conservation Commission
Eastham Town Hall
Earle Mountain Room
2500 State Highway
April 23, 2013
MEETING MINUTES
Commissioners Present: Chairman Stephen Smith, Linda Haspel, Fred Rollinson, Steven LaBranche, and Michael Harnett.
Commissioners Not Present: Vivien Cook
Staff Present: Shana Brogan, Neil Andres, Eastham DPW.
Also Present: Paula Pariseau, Henry Lind, Chris Wickson, Jason Ellis, Charles Harris, Chris McCormick, Jeanette Grant.
6:04PM
Chair Stephen Smith opened the meeting.
Review of Conservation Restriction prepared by the Compact of Cape Cod Conservation Trusts, Inc. for Louis M. and Barbara J. Ruggiero for land located at 13 Brenda Lane, Map 18, Parcel 283D.
Paula Pariseau and Henry Lind represented the proposal to permanently protect the property that is 30% wetland with upland. They also explained the parcel is in priority habitat classified as critical natural landscape and also meets open space criteria. Stephen Smith had concerns with potential herbicide use as well as trails and benches, however, and work on the property requires commission approval. Steven LaBranche noted there many invasive plant and tree species on the property. The Cape Compact informed the commission the land is going to be donated to the Eastham Conservation Foundation.
Linda Haspel MOVED to approve the conservation restriction, Fred Rollinson SECONDED.
ALL IN FAVOR.
6:20PM
Request for Certificate of Compliance filed by George Swope and Margaret Andrews for construction of farmers porch, and installation of a septic system and underground electrical service at property located at 22 Asparagus Lane, Map 19, Parcel 037.
Stephen Smith questioned a privet hedge and noted 23 shrubs for which half are approximately in the buffer zone. It was agreed to continue the hearing to learn more from the applicant and owner.
Fred Rollinson MOVED to continue to May 14, 2013, Michael Harnett SECONDED.
ALL IN FAVOR.
6:25PM
Notice of Intent filed by Daniel and Donna McCormick. Applicant proposes construction of a screen porch at property located at 30 Richard Lane, Map 21, Parcel 062.
Chris Wickson of East Cape Engineering represented the project to re-construct an existing screen porch in the same footprint with no ground excavation. Stephen Smith questioned the size of the limit of work and noted storage of materials is not permitted within the work limit. The applicant agreed to move the work limit in to 5’ from the gazebo. Stephen Smith recommended a condition for no fertilizer or pesticides to be used on the property and no new irrigation to be installed. Steven LaBranche noted the privet hedge at the top of the coastal bank should not be pruned without a permit. Stephen Smith noted there is no vegetated natural buffer to the resource as it has been developed to the top of the bank and pesticides and fertilizers can reach Town Cove. It was agreed that the contractor is to inform the
conservation agent of material what they intend to use at the site visit to be added as a condition. It was also agreed the applicant is to return to the commission to request a permit for pruning the hedgerow and pruning could not occur until the applicant receives a permit from the commission.
Fred Rollinson MOVED to approve, Michael Harnett SECONDED.
ALL IN FAVOR.
6:52PM
Notice of Intent filed by Janette Grant. Applicant proposes removal of four sheds at property located at 20 Eldredge Drive, Map 01, Parcel 076B.
East Cape Engineering represented the project. Seven trees were proposed for removal. Stephen Smith noted there are grass and debris clippings disposed of and dropped over the bank. It was agreed to remove the clippings and branches from the resource area and dispose of them. It was agreed the area is to be replanted inside limit of work. A mitigation plan was requested as well as a planting list. Fred Rollinson suggested planting beach plums and inkberry.
Fred Rollinson MOVED to continue to May 14, 2013, Michael Harnett SECONDED
ALL IN FAVOR.
7:15PM
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.
Jason Ellis represented the project. He explained the current sand bags are creating debris and it is proposed to install sand envelopes and cover them with sand and plant the area with hog cranberry. Jason Ellis continued to explain there are two access ways on either side of the house for construction using a bob cat or mini excavator. Stephen Smith said the project cannot adversely impact the abutters and noted there is no vegetated buffer to the resource area and there needs to be a deep-rooted buffer before water gets to the house. Stephen Smith also noted the area is not subject to intense wave action and questioned the smooth surface of the sand bags, suggested fiber rolls and requested the effect of the engineered buffer and an alternatives analysis of what other options there are. Jason Ellis replied that they
want to provide a softer form of sediment so the system can take the sediment when it needs to and the dense rosa rugosa the root system not enough and the neighbor’s concerns are more with the bulkhead and their own property. Jason Ellis continued to say the bags are designed to create some mass and said there are many sizes of the coconut rolls. Stephen Smith also commented that the state DEP considers sand bags a hard engineering solution. It was also suggested that the distance of lawn from top of bank to the deck should be decreased to create a vegetated buffer. Steven LaBranche suggested a mixed buffer with shrubs and medium density noted there is salt marsh. Stephen Smith said process of allowing sand will choke off town cove to navigation and there are many alternative solutions to consider. Linda Haspel requested to see various sizes of the coir rolls.
Fred Rollinson MOVED to continue to May 28th, Michael Harnett SECONDED.
ALL IN FAVOR.
7:44PM
Charles Harris water management committee. Discussion of the proposed ponds protection plan.
Charles Harris presented the final draft plan to be approved by the commission and thereafter to be put on the town website after it is approved by the Board of Selectmen Mike Harnett requested an explanation why certain ponds in Eastham were not included in the plan. Michael Harnett also noted that actions should be given a weight by either most important or most attainable. Aquatic plant controls should be expanded upon which ones and why and he suggested setting a limit on the response time from other agencies.
Stephen Smith said that for most projects the engineers do their best to keep septic systems out of the buffer zone and the the 300’ figure came from the pond action plan completed by a consultant who offered the number to the town as a goal. Michael Harnett said there is conflicting information for the main sources of phosphorous.
Continuation of Notice of Intent filed by Dean and Mireille Bajorn. Applicant proposes deck expansion and stairway, proposed addition and removal of invasive and vista pruning at 25 Blue Bill Lane, Map 17, Parcel 519.
Linda Haspel MOVED to continue to May 14, 2013, Fred Rollinson SECONDED.
Steven LaBranche Abstained.
MOTION CARRIED.
Thumpertown Storm Damage Repairs.
It was pointed out that there was pressure treated wood at the Thumpertown landing and a guard rail design had been changed. Neil Andres responded that they put back what was there and he was trying to get the landings ready for the summer. The commission responded that they wanted to hold everyone to the same policies.
Administrative Reviews
29 Bayberry Lane
Request to add shells to driveway.
Fred Rollinson MOVED to approve Linda Haspel SECONDED.
ALL IN FAVOR.
50 Bayview Road
Storm damaged tree removal
Commission voted to approve unanimously.
185 Goody Hallett Road
NOI plan approval and signed by the chair.
8:55PM
Steven LaBranche MOVED to adjourn, Michael Harnett SECONDED.
ALL IN FAVOR.
Respectfully Submitted as prepared by,
Shana Brogan
______________________
Stephen Smith
Conservation Commission Chairman
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