Conservation Commission
Eastham Town Hall
2500 State Highway
Earle Mountain Room
June 18, 2013
Public Hearing
MINUTES
Commissioners Present: Chairman Stephen Smith, Steven LaBranche, Fred Rollinson, Linda Haspel.
Commissioners Not Present: Vivien Cook and Michael Harnett.
Staff Present: Jeff Thibodeau, Shana Brogan.
Also Present: Jason Ellis of JC Ellis Design, Lori Breuel, Charlie Breuel, Karin Antin, Fred Levison, Carol Levison, Phil Cheney, Russ Holden, John Casali, Bill Riley, Brian Seppala, Brianna Seppala.
6:07PM
Chairman Steve Smith opened the meeting.
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 and explained the proposal to remove a gravel driveway and then add loam and seed the area with a Cape Cod lawn seed mix. In addition, proposed removal of rosa rugosa and multi flora rose and planting shrubs along the foundation of which includes some ornamental shrub species. Mr. Cheney also proposed removal of two central cedar trees in the back yard, and the addition of six cedar trees to be planted along road side as well as a viburnum hedge in the front yard.
Jeff Thibodeau commented on the removal of two cedar trees and said replacement would require more biomass. He also noted that underground irrigation has not been permitted by the commission and non-native shrubs are proposed. Mr. Cheney clarified that they propose planting cedar trees six to eight feet in height. Jeff Thibodeau requested an area calculation, work protocol, irrigation system plan and flow calculation. Stephen Smith was against removal of the two cedar trees and the irrigation and also requested a narrative and said they do not allow herbicides to be used. It was noted the ACEC is a resource area and has a 100’ buffer zone. Fred Rollinson and Steven LaBranche were both against removal of the cedar trees. Linda Haspel noted that in the past the commission has asked for specific information for how
they are going to remove the invasive material. Fred Rollinson noted there is a problem with cedar trees and mites and borers and the ones they propose to remove are very healthy. Stephen Smith also said they will lose the habitat and food value of the trees.
Fred Rollinson MOVED to continue to July 9, 2013, 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.
Attorney John Riley represented the project with Jason Ellis of JC Ellis Design. They explained the sand bags have been in place since 1987 or 1988 and he observed there is no obvious negative impact, given the history of the structure in the area and the owner believes their home was built prior to 1978. The proposed sand bags would be covered with sand and planted. Stephen Smith asked if prior to the current house, was there a fisherman’s shack or a true cottage and noted the current dwelling vaguely constitutes a re-building of the original structure. John Riley as long as the structure did not move closer to the water, it is ok. Steven LaBranche asked how vegetation will grow in the proposed structure. Jason Ellis responded that the sandbags will be covered with soil. Jeff Thibodeau noted the salt marsh resource
area is not on the site plan. Fred Rollinson asked about the house increasing size. Other solutions were considered by the applicants such as coir blocks, and coir rolls, and the owners concerns were the materials and they wanted something that will last for some time. Steven LaBranche noted winter ice could hit the bags and break them. John Riley said the ice is a rare event, it is always a possibility and the DiBaris are also committed to keeping the bags covered. Jason Ellis he does not know how long the existing bags have been there.
Steven LaBranche noted if the applicant is asking for a hard solution, why are they not asking for a rock revetment. Stephen Smith said the proposed sandbags are completely re-building the project it is not a repair and there is no site plan from the 1970s it is dated from 1985. Jason Ellis said they could add a coconut mat and they cannot do gabions because they are more of a hard solution. Stephen Smith recalled some gabions did well on the cove and if there was a cottage prior to 1978 it must have been taxed. Linda Haspel suggested a title search. Stephen Smith also noted if the owners are interested in protecting their house, they should consider a vegetated buffer area. Steven LaBranche noted they fertilize their lawn and repaved their driveway, so there would be an order of conditions for the work. John Riley said
fertilizer in that area is inappropriate and will explain to the owners. Stephen Smith requested a planting plan that included need numbers, sizes, and placements.
Fred Rollinson MOVED to continue to July 09, 2013, Steven LaBranche SECONDED.
ALL IN FAVOR.
Continuation of 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.
Twelve privets were removed from the property and replaced with and planted clethora multi-flora.
Steven LaBranche MOVED to approve, Linda Haspel SECONDED.
ALL IN FAVOR.
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.
Russ Holden of Ryder and Wilcox represented the project. Stephen Smith noted a stone wall in a dune is illegal as it prohibits the movement of sand. Fred Rollinson noted cement is usually used. The contractor said the wall is not dry-laid. Stephen Smith noted the 200’ riverfront area is not on the plan and requested an alternatives narrative. Jeff Thibodeau requested the entire length of the walls and the dimensions to be noted on the plan. Stephen Smith noted that on other projects they have worked to allow sand to move. The contractor explained that the reason for the wall is aesthetics. Stephen Smith said there is no space for mitigation and you are not supposed to inhibit the movement of the dune and to allow it, is against the Wetland Protection Act. Russ Holden said they have to address the steppers and the
walls and the steppers are better than walking on the dunes.
Linda Haspel said when the applicant does not apply before doing the work, the commission is less likely to be flexible. Stephen Smith said they could have done plantings would much more prefer plantings.
Fred Rollinson MOVED to continue to July 9, 2013 Steven LaBranche SECONDED.
ALL IN FAVOR. (hearing re-opened minutes later).
Stephen Smith noted the Order of conditions issued for the proposed project, has to be registered with the registry of deeds, the new owners will be responsible.
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.
Steve LaBranche MOVED to re-open the hearing Fred SECONDED.
ALL IN FAVOR.
Carol Levison of Cranberry Lane informed the commission that the previous owner applied for two large additions, and they put a large addition on pilings nad the preivious dune history. The livisons said they are representing other concerned neighbors as well. Stephen Smith said the abutters can do the research on the history of the site.
Linda Haspel MOVED to close discussion Steven LaBranche SECONDED.
ALL IN FAVOR.
Fred Rollinson MOVED to continue to July 9, 2013, Linda Haspel SECONDED.
ALL IN FAVOR.
Request for Amended Order of Conditions filed by John Engstrom. Applicant proposes installation of shed/yurt at property located at 1295 Herring Brook Road, Map 13, Parcel 058.
Mr. Engstrom represented his project. It was explained there will be 6 x 6 cedar posts driven into the ground and a circular platform built and put a gravel ring for run off. The site was described as containing scrub oak and it is sparse vegetation; work would be done by hand. No concrete to be used for the posts.
Linda Haspel MOVED to approve, Fred Rollinson SECONDED.
ALL IN FAVOR.
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.
Jason Ellis represented the project. He explained the deck is expanding 250 sq. ft. and it will comply with pressure treated wood policy. A two thousand square foot area of mitigation was proposed to re-plant area near front of house with beach grass. Jeff Thibodeau indicated the existing and proposed disturbance and PVC proposed to be used. Stephen Smith did not favor the PVC. Jason Ellis said no shelf or excavation is required for foundation veneer. Jeff Thibodeau said he would like to have the plan changed adding the 250 sq. ft. increase and removing the PVC.
Fred Rollinson MOVED to continue to July 9, 2013, Steven LaBranche SECONDED.
ALL IN FAVOR.
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.
Jason Ellis represented the project. He explained the two bedroom dwelling is to be constructed farther from the top of the coastal bank, they are proposing a new septic system to be installed, they will relocate the well and the area between the proposed dwelling will be re-vegetated. Jeff Thibodeau said there is an open order for nourishment and build revetment. Jeff Thibodeau requested existing vs. proposed calculations and said the deck addition will impact portion of a well vegetated area. Jason Ellis said the southwest corner is also to include mitigation plantings.
Stephen Smith noted there is little recharge for rainwater on the proposed patio and requested an extensive re-vegetation plan. The rest of the property is to be a no mow zone. The commission reviewed the foundation and suggested a part full and part crawl space foundation. Steven LaBranche suggested using the excavated foundation material on coastal bank. Jeff Thibodeau asked for a limit of grading on the plan. Applicant will try to keep as much of the existing vegetation. Fred Rollinson suggested they should work on the bittersweet near the boardwalk.
Karin Antin, abutter, mentioned the stability of the coastal bank and pulling back the house and asked asked that the house brought closer inland. Karin Antin she also suggested making the boardwalk more pervious. Stephen Smith noted one third of the basement is the garage and they should look at foundation elevations. Jeff Thibodeau requested for more section cut drawings north to south through the bank.
Steven LaBranche MOVED to continue to July 9, 2013, Fred Rollinson SECONDED.
ALL IN FAVOR.
Notice of Intent filed by John and Suzanne Casali. Applicant proposes construction of additions on pile foundation, elevated walkway, shell driveway, decks, and shower at property located at 1145 Kingsbury Beach Road, Map 10, Parcel 330A.
Tim Brady represented the project. He explained the resource area is a stable coastal dune and there is no yard area. He continued to explain that the proposed addition will be over existing deck area and includes two bathrooms and the walkways will be revised and provide a deck area for outdoor space and a parking area for two cars in the coastal dune, and although a coastal dune there will not be much impact on the dune, the vegetation can be transplanted. He continued to say they will need to excavate the top of the leaching area and make modifications to the piping. They also moved in limit of work and will install new windows and siding. The proposed the additions will be on pilings and they will adhere to the pressure treated lumber policy. Stephen Smith read a letter from an abutter, Mr. Brodeaur, which had
concerns for the parking area and its effects.
Jeff Thibodeau suggested delineating on the plan the proposed grading and proposed mitigation. Tim Brady explained that there is not enough parking in the area in the summer. Tim Brady noted no cutting into the dune will be necessary and some fill would be added. Fred Rollinson suggested widening the existing driveway to accommodate three parking spaces. Tim Brady was not sure about mitigation as the lot is well vegetated and natural already. Stephen Smith requested a foundation plan. It was agreed to widen the driveway 12’. Smith – said the deck spacing is to be wide for vegetation to grow. Work is to be done by hand aside from septic work. Tim Brady said they are not proposing to change any contours and will give existing and proposed footprints and not use pressure treated wood.
Fred Rollinson MOVED to continue to July 23, 2013 Linda SECONDED.
ALL IN FAVOR.
Notice of Intent filed by John and Therese Barry. Applicant proposes driveway improvements at property located at 80 Bayview Road, Map 19, Parcel 024A.
Tim Brady of East Cape Engineering represented the project.The project consist of a cobble apron, edging and re-grading and re-stoning the existing driveway and a patio will be installed out of the buffer zone. Jeff Thibodeau said they can condition that no mortar or concrete and cobbles to be in the sand and a small skid-steer will be used to re-grade.
Steven LaBranche MOVED to approve, Fred Rollinson SECONDED.
ALL IN FAVOR.
Minutes
February 12, 2013
Steven LaBranche MOVED to approve, Fred Rollinson SECONDED.
ALL IN FAVOR.
February 26, 2013
Steven LaBranche MOVED to approve, Linda Haspel SECONDED.
ALL IN FAVOR.
March 12, 2013
Steven LaBranche MOVED to approve, Fred Rollinson SECONDED.
ALL IN FAVOR.
Other Discussion
Delissovoy – 185 Mill Road, Map 15, Parcel 026.
Stephen Smith said the commission requested the irrigation to be removed that is out of the jurisdiction technically. It is out of the jurisdiction however it affects their jurisdiction. It was agreed a letter to be written requesting removal. Linda Haspel noted there is a history with the commission. Stephen Smith also noted trenching took place in jurisdiction.
Baughman – 300 Samoset Road, Map 14, Parcel 135.
It was discussed that none of the planting plan and one third of the plan has been completed and the entire bank was mulched. Steve LaBranche noted the commission worked hard on the project details before the final approval. Stephen Smith stopped to look and some of the plants have not yet been planted. Stephen Smith said if the owners want to change the plan they have to submit a change in plans and it has to be done. It was determined to mail a letter that they are beyond a ‘timely manner’ as stated in the order of conditions. Steven LaBranche said they are missing habitat and bluestones are mortared.
9:30PM
Steven LaBranche MOVED to adjourn, Fred Rollinson SECONDED.
ALL IN FAVOR.
Respectfully Submitted as prepared by,
Shana Brogan
______________________
Stephen Smith
Conservation Commission Chairman
| 
