Conservation Commission
Eastham Town Hall
2500 State Highway
Earle Mountain Room
April 9, 2013
MINUTES
Commissioners Present: Chairman Stephen Smith, Steven LaBranche, Linda Haspel, Michael Harnett, Fred Rollinson, and Vivien Cook.
Staff Present: Jeff Thibodeau, Shana Brogan.
Also Present: Neil Andres of the Eastham DPW, Michael O’Connor of Eastham Natural Resources, Scott Sebastian, Jacq ueline Breton, Mark Breton, John O’Reilly of JM O’Reilly, Marnie Collea, Russell Fulcher, Jean and Marnie Bajorin, David Lyttle and Stephanie Sequin of Ryder and Wilcox, D. Michael Ball of Wilkinson Ecological Design.
6:03PM
Chair Smith opened the meeting.
Continuation of 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, December January, February, March. April and May for specified aquaculture sites in the tidal flat 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.
Neil Andres of the Eastham DPW and Michael O’Connor of the Natural Resources Department represented the project. The project was modified withdrawing the proposal for tidal flat access with motorized vehicles in October November, April and May. The new proposal includes aquaculture grant access from November through March with motorized vehicles. A debris management plan was submitted. Stephen Smith commented on a letter received from James Fox. Michael O’Connor said the aquaculture grants are north of the Fox property. Jeff Thibodeau commented the proposed project has decreased in scope and questioned the different access route effects on the tidal flats. It was agreed for the applicants to include a monitoring report with their order of conditions extension permit request in three years.
Fred Rollinson MOVED to approve, Steven LaBranche SECONDED.
ALL IN FAVOR.
Continuation of Notice of Intent filed by Jacqueline and Mark Breton. Applicant proposes replacement of pier foundation with full foundation, construction of addition and installation of a septic system driveway relocation at property located at 30 Longstreet Lane, Map 10 Parcel 363.
John O’Reilly of JM O’Reilly and Associates represented the project. The project proposal moving the house back five feet, and includes removal of cedar trees for driveway relocation. Steven LaBranche asked if the electric line is proposed to be trenched underground and noted switch grass should be in place of proposed miscanthus grass as it is not a native species. It was agreed that locust trees will be removed in the back yard for the septic system installation.
Michael Harnett MOVED to approve, Steven LaBranche SECONDED.
ALL IN FAVOR.
6:40PM
Notice of Intent filed by Thomas O’Brien and Michael Rothberg. Applicants propose reconstruction and heightening of stone revetment, and repairs and replacements to existing decks, outdoor shower, and installation of snow fence and plantings at property located at 125 Bay Road, Map 07, Parcel 521.
John O’Reilly represented the project and explained the proposed rebuilding of an existing stone revetment using the existing material; once the wall is completed sand will be added between the revetment and the house and seasonal sand fencing will be installed. It was determined an existing manhole cover is to be filled and removed and the proposed deck and shower will be constructed in the spring while the revetment work will be done over the winter. Nourishment was determined to be 75 cubic yards per year. Stephen Smith said no pressure-treated posts or decking components are permitted. John O’Reilly agreed to include a condition that vegetation to be maintained as much as possible during construction.
Michael Harnett MOVED to approve, Steven LaBranche SECONDED.
ALL IN FAVOR.
7:00PM
Notice of Intent filed by Stephen and Marnie Collea. Applicant proposes construction of addition at property located at 1600 State Highway, Route 6, Map 18, Parcel 101.
David Lajoie of FELCO represented the project and explained that the proposal is for a small addition that will minimally impact the 100’ buffer. It was also mentioned that the property is in the riverfront however the proposed project is not within the buffer zone. Jeff Thibodeau commented that mitigation plantings are needed and the work limit should be located along the entire side of the driveway near route 6. David Lajoie responded that the addition is about 100 sq. ft. of building within the buffer zone. They can have a construction note they can modify to include 200 sq. ft. of mitigation. The work truck is to be within the driveway and the foundation is to be crawl space and the staging area is to be out of the buffer zone.
Vivien Cook MOVED to approve, Fred Rollinson SECONDED.
ALL IN FAVOR.
Request for Amended Order of Conditions filed by Application Enterprises. Applicant proposes project changes to include construction of addition with a full foundation in place of approved deck at property located at 200 Pinewoods Road, Map 18, Parcel 156.
David Lyttle of Ryder and Wilcox represented the project. He informed the commission the plans have changed since the last approval where they had a front porch there is no roofed area as well as the deck is going to be removed with a screened porch on a foundation. He also explained that the roof area will be reduced by 88 square feet there will be a reduction in decking and the gravel drive close to the wetland will be discontinued. Debris removal to be done by hand. David Lyttle agreed to create and submit new plans that eliminate the gravel drive and re-configure the work limit.
Fred Rollinson MOVED to approve, Vivien Cook SECONDED.
ALL IN FAVOR.
Notice of Intent filed by JoAnn Lamar. Applicant proposes upgrade septic system at property located at 85 Huckleberry Lane, Map 07, Parcel 350.
Stephanie Sequin of Ryder and Wilcox represented the project. She explained they propose an upgrade to the septic as it is in failure. It was noted the property is near a deep marsh entirely located within the buffer zone. It was also noted that the leaching field is to be 32’ from top of the coastal bank, near a wooded area and a cedar tree will have to be removed as a result of the installation. Fred Rollinson asked about the standing water as the owner said it has been very high.
Vivien Cook MOVED to continue to May 14, 2013, Fred Rollinson SECONDED.
ALL IN FAVOR.
7:28PM
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.
Mike Ball of Wilkinson Ecological represented the project and said the current deck is only accessible from inside the house so they propose to modify it and the pressure treated lumber policy will be adhered to. He also explained they want to maintain and improve an area of 6,300 sq. ft. of invasive species. Oaks and cedar trees were also proposed to be managed they will eradicate the invasive species or control them in order to give the native plants a chance to survive. It was proposed 1:1 mitigation for the addition. It is complex, a lot of vegetation removal proposed, some work is proposed within the ACEC and a scheduled site visit could further explain the project. It was noted 30% view corridor is proposed and it is large. The applicant said they will stake out the site it would be helpful. Stephen
Smith said the commission has not been allowing herbicides in the past and requested the applicant prove there is no adverse impacts to vegetation with the application of herbicides, the volume of product to be used and if it is at any time toxic. It was agreed to schedule a public on-site meeting the following Tuesday at 1PM.
Fred Rollinson MOVED to continue to April 23, 2013, Linda Haspel SECONDED.
ALL IN FAVOR.
7:50PM
Notice of Intent filed by Richard and Sherrol Harris. Applicant proposes beach sand nourishment at property located at 9 Bayberry Lane, Map 13, Parcel 147.
150 cubic yards of sand was proposed to be placed above the rock revetment on an as needed basis and 100 yards placed on the beach every year.
Steven LaBranche MOVED approve, Michael Harnett SECONDED.
ALL IN FAVOR.
Continuation of 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.
The previous meeting was continued for to Natural Heritage to review the project.
Jeff Thibodeau commented on the footprint of the dwelling, the increase in deck size and the potential for adverse impacts for vegetation growth. Stephen Smith said if the planting survival rate cannot be met, will cause a change in dynamics and be a detriment to the dune, the size of the deck can be re-considered after it is built. Stephen Smith noted the deck spacing is close enough that no vegetation is growing. Linda Haspel requested a monitoring report to be submitted. Michael Harnett inquired and suggested biomimicry as an option for building a dune under the house once it is lifted on piles.
Vivien Cook MOVED to approve, Fred Rollinson SECONDED.
ALL IN FAVOR.
8:15PM
Request for Amended Order of Conditions filed by Susan Brownsberger. Applicant proposes additional sand nourishment and plantings on a coastal bank at property located at 21 Bayberry Lane, Map 13, Parcel 151 and 152.
Susan Brownsburger requested sand nourishment to be added to top of revetment to cover exposed filter fabric as needed in addition to annual beach nourishment requirements.
Fred Rollinson MOVED to approve, Stephen LaBranche SECONDED.
ALL IN FAVOR.
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.
Owner requests planting blueberry shrubs in place of two tupelo trees location on the approved plan. The commission agreed it would be good to have an under story layer. The commission agreed the location could be flexible and to be planted within the buffer zone.
Minutes Approval
November 13, 2012
Michael Harnett MOVED to approve, Vivien Cook SECONDED.
ALL IN FAVOR.
December 11, 2012
Water Management – clarify their intentions.
MOVE SECOND
Other Business
Jeff Thibodeau informed the commission the nourishment season is almost over, and there are some violations to follow up on.
Discussion of project details for Notice of Intent filed by Robert Maier.~Applicant proposes installation of a full foundation, shed removal, and construction of additions at property located at 3 West Shore Drive, Map 7A, Parcel 3.
Jeff Thibodeau informed the commission there is a change in the construction approach from using an access road to using a crane situated south of the project site. The proposed and approved access route will no longer be used. The Eastham Fire Department will be contacted for safety construction and the time period for construction will be the same. It was not mentioned they are going outside of the construction. Stephen Smith said to make sure the construction window is noted in the order of conditions if approached as a change.
Herring Run Project discussion
Vivien Cook requested an update on work on the Herring Run Project.
Steven LaBranche noted the area had not yet been seeded and no guard rail installed.
Boisvert Violation - 80 Old State Highway
Jeff Thibodeau reported he discovered the work done was not a violation, they are allowed to fill, and he did ask the owner to follow up, and to get a monitoring report from Wilkinson Ecological. Stephen Smith said they will need to re-visit the project. Fill is going back into the wetland. Need to look at OOC and add another condition to not let fill to be added landward of the bulkhead. Commission to remind the homeowner this is not an annual nourishment program as the area was supposed to be vegetated with native grasses. Loam was added. Steven LaBranche noted a lot of sand drift fences going out on the beaches. It should be a regulation for fencing, need to prevent so it is no debris.
Jeff Thibodeau explained emergency configuration only allows them to repair in the previous conditions. Debris removal was added.
Adjournment
8:55PM
Steven LaBranche MOVED to adjourn, Linda Haspel SECONDED.
ALL IN FAVOR.
Respectfully Submitted as prepared by,
Shana Brogan
______________________
Stephen Smith
Conservation Commission Chairman
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