Conservation Commission
Eastham Town Hall
2500 State Highway
Earle Mountain Room
July 9, 2013
MINUTES
Commissioners Present: Stephen Smith, Steven LaBranche, Michael Harnett and Fred Rollinson.
Commissioners Not Present: Linda Haspel.
Staff Present: Jeff Thibodeau, Shana Brogan.
Also Present: Robert Mumford, Ezra Ambrose, Nate Weeks, Jessica Janney and Bill Madden of GHD Engineering, Phil Cheney, Charles Harris, Jason Ellis, Sandy Bayne, Jason Ellis of JC Ellis Design, Milt Levy, Elizabeth Levy, Kay Richardson, Constance Levallee, Rolland Levallee.
6:08PM
Chair Stephen Smith opened the meeting.
Notice of Intent filed by the Town of Eastham. Applicant proposes an alum (aluminum sulfate) treatment to Great Pond at the water body located west of Great Pond Road.
Nate Weeks of GHD Engineering represented the project. He informed the commission three years of data is necessary to determine if the water quality has improved with the alum treatment to Herring Pond. He continued to explain that prior to the application; they will perform sediment sampling to determine how much chemical to apply to the water. The treatment window is September 15th through October 30th and they will submit a project completion report in December.
Steven LaBranche asked about the depth of the pond and whether the application would be the same as other places and towns and if the treatment would take place in the deeper area of the pond. It was discussed that the beach area will need some temporary fencing with the project. Robert Mumford addressed the commission regarding the adoption best management practices for the use of septic systems and fertilizers and alerted the commission Atlantic white cedar trees are compromised due to the high water levels. Stephen Smith said part of the approval of the alum treatment to Herring Pond was developing best management practices which is largely educational.
Kay Richardson asked about the concentration of phosphorous is in Great Pond and the number was not known at the time. Stephen Smith noted that the alum treatment is not a cure to the sources of phosphorous and noted there are many practices that have to be adopted. Sandra Bayne informed the commission that there is a ponds committee working to educate the public.
Fred Rollinson MOVED to approve the project, Michael Harnett SECONDED.
ALL IN FAVOR.
Continuation of Notice of Intent filed by the Department of Fish and Game. Applicant proposes replacement of boat ramp, removal and repaving of parking area, replacement of floats, renovation to existing pier, and installation of stormwater rain garden with outfall at Rock Harbor, 631 Dyer Prince Road, Map 19, Lot 120.
Bill Madden of GAF Engineering represented the project. The project was explained to entail reconstructing the parking lot, dock and floats in the current footprint as well as the addition of a rain garden that will be planted with beach grass and rosa rugosa.
Jeff Thibodeau said the project has improved, concerns have been addressed and questioned the drainage. Jeff Thibodeau also noted the berm at the southern end of the parking lot and alter the grading plan as the gutter is extremely shallow or a trench drain the preservative material needs to be identified and the type of wood needs to be specified as CCA is approved for piers and docks by the state. Steve LaBranche asked about the dredge spoils are planted there and it is like concrete and looks like the edge is mounded is 30” of excavation they will need to do a visual inspection and dig until they hit suitable soil. Steve LaBranche asked about the phragmites interfering with the rain garden. Jeff Thibodeau requested a construction protocol and suggested rosa virginiana to be added and not sure the beach grass
would be better.
Steven LaBranche MOVED to continue to August 13, 2013, Fred Rollinson SECONDED.
ALL IN FAVOR.
Notice of Intent filed by Eric and Jennifer Lammers. Applicant proposes 16’ by 22’ swim float with kayak storage at property located at 500 State Highway Map 21, Parcel 77 and Town Cove.
Gordon Peabody of Safe Harbor Environmental represented the project and informed the commission the float would be removed seasonally and constructed locally and it will be in water as deep as practicable near the shore. Jeff Thibodeau noted the project is in mapped habitat for shellfish. A protocol for the removal of the float was requested to ensure there are no impacts to the shore. Gordon Peabody said they contacted the Natural Resources Office who said they can anchor it. Stephen Smith requested a shellfish survey in the area of where the float is to go and asked the depth is at mean low tide and a description of what material the float is composed of. Stephen Smith requested a seasonal protocol. Mike Harnett said they cannot drag the float to shore. Stephen Smith agreed launching and retrieval has to be from a
professional. It was also agreed that kayaks are to be stored on the float and no longer in the buffer zone.
Fred Rollinson MOVED to approve, Michael Harnett SECONDED
ALL IN FAVOR.
Notice of Intent filed by Richard and Sandra Boyatzis. Applicant proposes relocation of dwelling and septic system 30’ back from the top of a coastal bank at property located at 32 Tomahawk Trail, Map 25, Parcel 16.
Jason Ellis of JC Ellis Design and Ezra Ambrose of Ambrose Homes represented the project. A mitigation plan, construction protocol, narrative on protection of bank stability, details of the project, and existing and proposed calculations were requested from the applicant. The applicants explained they propose moving the house back 30’ from the top of the bank and completely removing the old foundation. Jason Ellis informed the commission that an alternatives analysis and construction protocol were already submitted. After some discussion regarding the size of the agenda on July 23rd and possibly continuing to August 13th, it was agreed to continue to July 23rd with additional information to be submitted to the conservation office by noon on July 15th.
Steven LaBranche MOVED to continue to July 23, 2013, Fred Rollinson SECONDED.
ALL IN FAVOR.
Request for Certificate of Compliance filed by Anthony and Diana Richter for DEP SE 19-1104 for construction of addition at property located at 25 Kellies path, Map 11 Parcel 425.
Applicant requested to continue to July 23, 2013.
Steven Labranche MOVED to continue to July 23, 2013, Fred Rollinson SECONDED.
ALL IN FAVOR.
Request for Certificate of Compliance filed by Lori DeVeuve for DEP SE 19-1452 for installation of septic system at property located at 20 Hoffman Court, Map 18, Parcel 220.
Steven LaBranche MOVED to approve, Michael Harnett SECONDED.
ALL IN FAVOR.
Continuation of Notice of Intent filed by EKG Properties. Applicant proposes reconstruction of beach access stairway and vista pruning and ongoing vegetation maintenance 15 Sunset Lane, Map 13, parcel 138.
The applicant requested to withdraw the application without prejudice.
Continuation of Notice of Intent filed by EKG Properties. Applicant proposes vista pruning and ongoing vegetation maintenance at property located at 40 Bayshore Lane, Map 13 Parcel 136F.
The applicant requested to withdraw the application without prejudice.
Continuation of Notice of Intent filed by Patricia A and Timothy F. Daley. After the fact filing for construction of two stone walls and stone stepping stones on a coastal dune and within 100’ of a coastal bank at property located at 39 Cranberry Lane, Map 13, Parcel 60.
Applicant requested to continue to August 13, 2013.
Steven LaBranche MOVED to continue to August 13, 2013, Fred Rollinson SECONDED.
ALL IN FAVOR.
Continuation of Notice of Intent filed by Christopher Cormier. Applicant proposes removal of gravel driveway and replacing with lawn, removal of two cedar trees, replacing invasive shrubs with native shrubs, planting various non-native shrubs and installation of lawn irrigation system at property located at 420 Bridge Road, Map 20, Parcel 071 and 069.
Phil Cheney represented the project. The request for irrigation was removed from the project and the request to remove the cedar trees was modified to have them transplanted using a tree spade. It was noted the cedar trees may not survive long term. Phil Cheney said he had not yet consulted with a tree spade expert. Steven LaBranche noted the sandy soil, the water table and the large size of the trees. Fred Rollinson agreed the tree is taking a chance. Stephen Smith said if the cedar trees did not survive they would have to be replaced with a grove of cedar trees. Stephen Smith said the seed mix is to be conservation mix. An expert opinion was requested on the cedar trees. A mitigation plan was requested if the trees did not survive transplanting. Phil Cheney requested a fence to be constructed with plantings on either
side instead of the proposed arrowood hedge.
Fred Rollinson MOVED to continue to July 23, 2013, and Steven LaBranche SECONDED.
ALL IN FAVOR.
Continuation of Notice of Intent filed by Frank and Janet Bianco. Applicant proposes replacement and expansion of decks and boardwalks, and exterior work at 290 Salt Works Road, Map 04, Parcel 5B.
Fred Rollinson MOVED to approve, Michael Harnett SECONDED.
ALL IN FAVOR.
Continuation of Notice of Intent filed by Brian and Brianna Seppala. Applicant proposes demolition of existing dwelling and construction of new dwelling, well, septic system, decks, and patio at property located at 15 West Road, Map 04, Parcel 481.
The applicant requested a continuance to August 13, 2013
Fred Rollinson MOVED to continue, Steven LaBranche SECONDED.
ALL IN FAVOR.
Continuation of 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.
The applicants requested to continue to July 23, 2013.
Steven LaBranche MOVED to continue, Michael Harnett SECONDED.
ALL IN FAVOR.
Administrative Reviews Discussed
Jeff Thibodeau went over recent administrative reviews. One on Dyer Prince and the other for tree removal on route 6.
185 Mill Road Violation Discussion
Jeff Thibodeau explained that the owner was cooperative and the irrigation has been disabled and the owner said will propose an irrigation system in the future through a filing. Steve LaBranche noted the irrigation will impact Great Pond where the commission just approved an alum treatment.
Minutes Approval
January 8, 2013
Steven LaBranche MOVED to approve, Michael Harnett SECONDED.
ALL IN FAVOR.
January 22, 2013
Steven LaBranche MOVED to approve, Fred Rollinson SECONDED
ALL IN FAVOR.
April 23, 2013
Steven LaBranche MOVED to approve, Michael Harnett SECONDED
ALL IN FAVOR
May 14, 2013
Steven LaBranche MOVED to approve, Fred Rollinson SECONDED.
ALL IN FAVOR.
Update Disussion Regarding a Memo from Mass DOT
The DOT hired a wetland delineator who determined there is no wetland behind 5645 Route 6. Commission agreed to accept the memo and no further action was necessary.
Adjournment
9:10PM
Steve LaBranche MOVED to adjourn, Fred Rollinson SECONDED.
ALL IN FAVOR.
Respectfully Submitted as prepared by,
Shana Brogan
______________________
Stephen Smith
Conservation Commission Chairman
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