EASTHAM CONSERVATION COMMISSION
09 June 2009
MINUTES
PRESENT: Steve Smith, Glenn Collins, David Hoerle, Steven LaBranche, Judith Williams.
ABSENT: Dennis Murley, Lorraine Giovinazzo.
STAFF PRESENT: Deputy Natural Resource Officer Amy Usowski.
ALSO PRESENT: Chris Stewart, Sandra Larsen, David Lyttle of Ryder & Wilcox, Inc. David Bushley, Gail Hoffman, Ron Peterson of Atlantic Well Drilling, Inc.
Vice-Chairman Hoerle opened the meeting at 7:00 P.M.
7:02 P.M. Administrative Review, Lehey, Great Pond Road, Map 13, Parcel 113.
Chris Stewart was present for the Leheys and explained his proposal to correct a drainage problem at the above-captioned address. Mr. Stewart said there is silt in the Lehey’s water and he proposes to lay down native stone so that when the water comes through the silt will be trapped in the stone and the water will be free to flow through.
Mr. Hoerle suggested placing some permeable landscape fabric under the stone at the point where he thinks the silt is entering. Mr. Stewart said this could be easily done.
Ms. Giovinazzo MOVED and Mr. LaBranche SECONDED the Motion to ratify this Administrative Review.
SO VOTED UNANIMOUSLY.
7:11 P.M. Administrative Review, Lawson, 175 Herringbrook Road, Map 17, Parcel 494.
Ron Peterson of Atlantic Well Drilling, Inc. He told the Commission that he proposes to replace the older well with a new well on the border of the Coastal Bank.
Mr. Collins MOVED and Mr. Smith SECONDED the Motion to ratify this Administrative Review.
SO VOTED UNANIMOUSLY.
7:13 P.M. Administrative Review, Whispering Pines Association, 2225-2195 State Highway, Muddy Pond, Map 15, Par. 097B.
Deputy Usowski said they have had problems in the past with the Turpentine Beetle and there is another tree that is kind of precarious and starting to rot out. She said that in the future, if more trees need to be removed, the Commission can ask that they start to replant. She said that in the past they have been diligent with any work they have done there.
Ms. Giovinazzo MOVED and Mr. Smith SECONDED the Motion to ratify this Administrative Review.
SO VOTED UNANIMOUSLY.
7:15 P.M. Request for Determination of Applicability filed by Cornelius and Elizabeth Bresnan, 310 Silver Spring Beach Road, Map 04, Parcel 479.
Vice-Chairman Hoerle announced this hearing. Ron Peterson of Atlantic Well Drilling, Inc. was the Applicants representative and explained the proposal to replace the existing well and underground piping at the above address. He said that in order to access the site they will need to clear a path from the adjacent roadway. He said there are no large trees to be removed and they would trim the larger trees. He said that would be done with a small excavator. He said that they would have to clear sufficient room at the well site to work and they would drill the well with portable drilling equipment.
Deputy Usowski said she met Mr. Peterson at the site. She said the well site was really hard to find. Mr. Peterson said the vegetation would be removed to the ground and some of the roots left as he doesn’t want to disturb the loose sand any more than necessary. Deputy Usowski said that in general she doesn’t see this being an impact to the resource.
Following some discussion about what type of machinery to use to clear the vegetation, Vice-Chairman Hoerle closed this hearing. Mr. LaBranche MOVED and Mr. Collins SECONDED the Motion for a Negative Determination for Reason #3.
SO VOTED UNANIMOUSLY.
7:30 P.M. Request for Determination of Applicability filed by David V. Daigle, 1415 Samoset Road, Map 13, Parcel 120A.
Vice-Chairman Hoerle announced this hearing. David Lyttle of Ryder & Wilcox, Inc. was present for the Applicant. He told the Commission that Mr. Daigle would like to replace an existing concrete block patio with a deck. He said that the lot is about 16,000 square feet of which Mr. Daigle uses only about a quarter of that. He said that the deck will be constructed on six posts on sono tube footings and would confine the activity on the lot to an area very close to the house and farther away from the resource. Mr. Lyttle said he feels that Mr. Daigle is a pretty good steward of the property. He said that Mr. Daigle would also like to replace the windows in the house.
Mr. Collins commented that he thought the Applicant was a good steward of the property and that he was not requesting to take over any more of the property than he is already using now. He said he doesn’t have any problem with the project at all.
There was no further discussion and Vice-Chairman Hoerle closed this hearing. Ms. Williams MOVED and Mr. Smith SECONDED the Motion for a Negative Determination for Reason #3.
SO VOTED UNANIMOUSLY.
7:40 P.M. Administrative Review, Saul, 100 Blue Heron Way, Map 18, Parcel 273A.
Deputy Usowski told the Commission this AR was for the removal of a storm-damaged tree in back of the house at the above property. She said the owners are currently putting on a deck which was recently approved by the Commission. She said the tree doesn’t appear to be a hazard to the house but there are some limbs that are starting to come down. She said the area is very heavily vegetated. She said there are some Cedars back there which are getting choked out by Bittersweet and she did suggest to the owner that he snip some of the vines to relieve some pressure from the trees if the Commission has no problem with it. She said there is a definite line which they don’t go beyond and they have been very good about doing that.
Mr. Smith MOVED and Ms. Giovinazzo SECONDED the Motion to ratify this Administrative Review.
SO VOTED UNANIMOUSLY.
7:43 P.M. Administrative Review, Digges, 835 Herringbrook Road, Map 13,
Parcel 111.
Deputy Usowski told the Commission that Ms. Digges wants to demolish two existing sheds at the above property and replace them with one shed in the same location and she also wants to do vegetative management of the Cedars which are being cut off by Ivy. She said the one bigger shed will not take up any more area than what is now existing.
Ms. Williams said she feels the Commission will need a little more information. It was agreed that Deputy Usowski could approve the shed size, not to exceed the area which is currently taken up by the existing two sheds.
There was no further discussion. Mr. Collins MOVED and Mr. LaBranche SECONDED the Motion to ratify this Administrative Review.
SO VOTED UNANIMOUSLY.
7:47 P.M. Request for Extension Permit, Novak DEP SE 19-1110, 95 Bay View Drive, Map 10, Parcel 277.
Deputy Usowski explained that this Order of Conditions was issued to nourish the Coastal Bank behind the sand-drift fence. She said the top of the fence is only about a foot above the sand. She said they have been nourishing the Coastal Bank annually and it is fairly stable and starting to revegetate. She said she feels they should keep doing what they have been doing for another three years.
Ms. Giovinazzo MOVED and Ms. Williams SECONDED the Motion to grant an Extension Permit for SE 19-1110.
SO VOTED UNANIMOUSLY.
7:49 P.M. Request for Extension Permit, JMH Trust DEP SE 19-1257, 3 West Shore Drive, Map 7A, Parcel 003.
Deputy Usowski said this is another Order of Conditions to nourish above the stone wall and to plant beach grass and install a sand-drift fence at the Top of the Coastal Bank. She said she does not believe that nourishment had been done this year and that storms took quite a lot of the sand away. She said the filter fabric is coming through but her main concern is that the rocks are starting to come loose along the top. She said she would recommend granting an Extension Permit so this problem can be fixed and if work exceeds 50% of the total structure they will have to file a new Notice of Intent. She said she will write them a letter about the problem in case they are not aware of it.
Discussion followed about whether or not to grant an Extension for three years. Mr. Collins MOVED and Mr. LaBranche SECONDED the Motion to issue an Extension Permit for SE 19-1257 for one year.
SO VOTED UNANIMOUSLY.
7:56 P.M. Request for Extension Permit, Camhi DEP SE 19-1238, 15 Sunset Lane & 40 Bay Shore Drive, Map 13, Parcel 136F & 141R.
This Order of Conditions was issued for shore protection measures including a sand drift fence and sand-filled coir biomat terraces. Deputy Usowski said the terraces are
fairly-well vegetated and you can barely make out that there are bags under there. She said there is a modest amount of sand behind the two rows of sand-drift fences which aren’t going anywhere anytime soon. She said the two rows of sand-drift fence definitely help in this area.
Mr. Collins MOVED and Mr. LaBranche SECONDED the Motion to grant a three-year Extension Permit for DEP SE 19-1238.
SO VOTED UNANIMOUSLY.
8:00 P.M. DISCUSSION, Letter received from David & Traute Bushley regarding Rock Harbor.
Deputy Usowski directed the Commissioners to the copy of the letter from the Bushleys regarding Rock Harbor which was in their packets. She said that in 2003 the Town got an Order of Conditions to dredge Rock Harbor. She said that up until that time and including that dredge there was an amount of sand that was to be put along the edge of the harbor after you get past the parking lot between there and the harbor. She said that since the last dredge, spoils have to be brought out to sea and dropped there. She said that during the last dredge, one of the Conditions stated that at least 50% of the area was to be revegetated with beach grass and that was not done. She said the Order has since expired and nothing can be done until the Commission decides how they want to handle this situation.
Deputy Usowski went on to say that what happened instead of putting beach grass was that some type of mix was put down that did not grow and what is there now is very sparse and Phragmites. She said that people go there and park there to watch the sunset and people go walking on the “loop” which is there. She said the concern of citizens is that the Town did not comply with the Order of Conditions and it expired before anything could be planted. She said she has a couple of suggestions to expedite this process instead of doing a new Notice of Intent. She said that if there is a way to revegetate this area the Commission can issue and Enforcement Order for the Town to comply with this Condition and revegetate the area with 50% beach grass. She said the only issue is that extra
material might have to be brought in or the area might have to be “roughed up” a little as it is not suitable for planting beach grass as it is now.
Mr. Bushley was present and said that this is an opportunity to restore Rock Harbor to what it should be and what it was. He said the other real concern is that cars drive up there, watch the sunset, throw their beer cans out, and drive off. He said he feels that something has to be done to block the dune off. He said that something needs to be done to restore the area to what it was and preserve it. He said he would like to help in whatever way he can.
Deputy Usowski said that the activities which are taking place there would not be allowed under the Order of Conditions. She said that she doesn’t know if the Phragmites can be removed, but something needs to be done to block the area off and at least let it revegetate naturally.
Mr. Collins said he believed that the Order of Conditions stated a certain elevation which could not be exceeded. The approved plan says 21' and Mr. Bushley said that Mr. Lind told him that’s from mean low tide. Mr. Collins said that if this area is considered an Open Space Recreation area there may be Town funds available. He said he feels that something really needs to be done about this now.
Discussion followed about what the best way to accomplish revegetation would be. Deputy Usowski said she would speak with the Town Administrator and ask for ideas from the DPW Superintendent. She said the first step is to block this area off as well as can be done. She said it is not the ideal planting time right now and the Fall would be better but it can at least be blocked off to keep people from driving there. She said something might even start growing there if the area is not driven on. There was discussion about posting “No Trespassing” signs or something of that type to keep people off the area.
There was further discussion relative to parking of boats and trailers as opposed to car parking and the need for staffing to enforce parking regulations. Ms. Hoffman said they have written to the Historical Commission relative to the rich history of the harbor area.
Deputy Usowski invited Ms. Hoffman and Mr. Bushley to attend the next meeting of 23 June for some follow-up discussion relative to this matter. She said in the meantime she will speak with the Town Administrator and try to formulate some solution to keep people from going on the area.
Mr. Bushley thanked the Commission for their time and reminded them he was willing to help in any way he could.
8:22 P.M. Discussion regarding NSTAR herbicide application.
Deputy Usowski told the Commissioners she had spoken with some of the folks who are going to do the application. She said the major concern is that they can essentially go right into wetlands. She said they have permits from the EPA, DEP, Department of Agricultural Resources (DAR). She said it’s actually their right-of-way. She said that they cannot spray within 10' of standing water; but, depending on certain types of chemicals, they can spray within the 100' Buffer Zone or do it mechanically.
Deputy Usowski said there does not seem to be a lot of regulation or oversight on the process. She said she met with the Board of Selectmen to discuss the possible action about this. She said they technically do not need the Town’s permission. She said they don’t have to file a Notice of Intent, that they already have permission from the State, and even according to the CMRs they do not need Conservation Commission approval for the work.
Deputy Usowski went on to say that they have been excellent in listening to ideas and concerns and that they want public feedback. She said they want to do this in the least harmful way. She said the a representative from Lukas Tree Company from Maine who will be doing the work and also a representative from Nstar coming to the next meeting of the Board of Selectmen on Monday the 15th at 5:45 P.M. if anyone wishes to attend. She said she has a folder from Nstar of their Yearly Operation Plan of what they are going to use and how they’re going to use it etc.
Mr. Smith asked if this was being done instead of the typical cutting and Deputy Usowski said they will be doing both. Ms. Williams asked if the herbicide application was a new process and Deputy Usowski she thinks that they did this about nine years ago. She said that she believes that typically the work is more mechanical but this time their spraying or applying to the plant stems to kill the vegetation. She said the vegetation is getting to such a height that Nstar says it needs to be sprayed. She said there are four different herbicides which they will use. She said that only about half the towns on the Cape are being treated this year. She said this is done in stages. She said they intend to use Arsenal, Escort, not Round Up, 41-D, and one other one. She said that is what they have chosen
to use in this area. She said it can be done every five years as it is a five-year plan.
There was question as to what was going to be left under the lines when they were done and Deputy Usowski said this is one of her concerns. Mr. Smith said that on his regular walk along the bike trail there are a number of ponds and Deputy Usowski said this is one of the areas of concern. Deputy Usowski said they do have permission from the Natural Heritage and Endangered Species Program and she believes it’s vegetation which is 12' of higher that they are targeting. She said there is concern about drift, about groundwater contamination, pond water contamination. She said that some of the herbicides decompose readily when they hit the ground, within the first few inches, but some of them don’t and can get in the groundwater and pond water. She said the Northern part of town is of concern
because of the proximity of the wells. She said they don’t really even have to speak with the Town about this and their permission is pretty much “carte blanche”.
Vice-Chairman Hoerle said that the only way that any headway can be made is talking with Nstar about this and pointed out that Deputy Usowski said they are very willing to listen to the Town’s concerns. He said he would respectfully suggest that we request that they adjust the nozzles on the sprayers so that it is not a mist and is a stream so that it won’t “drift” and they can spot apply it to the exact location. Mr. Hoerle said he thinks that would be a help environmentally. Deputy Usowski said she wishes she could say “Don’t spray at all, just cut”.
Deputy Usowski said they could have started the 15th of June but the Town got an extension. Mr. Hoerle said there is a lot of fledging going on right now and a lot of creatures are being born. He said this is the worst time of the year to do this.
There was discussion about whether this process was publicly advertised or not and why the Town wasn’t notified earlier. Mr. Collins asked if anyone had contacted Representative Sarah Peake about this. Deputy Usowski urged the Commissioners to attend the meeting with the Selectmen because Nstar genuinely seems to want to work with the Town on this.
Sandra Larsen spoke. She said she has been involved with this sort of thing for a long time. She said this goes on all the time. She said amphibians and wetlands and everything in these sensitive areas, absolutely everything is going to be affected. She said that if a lot of people come and ask a lot of questions and as soon as they know they are being watched and people are asking questions things change.
Ms. Larsen told the Commissioners that the word inert which is used for the other ingredients include surfactants which kill and maybe worse than the ingredients which are listed. Deputy Usowski said they were really surprised when they heard from Eastham because it was the only town that had anything to say about this. Ms. Larsen said that them knowing that the Town is diligent about it might be all we can do but it’s a lot and she really appreciates everyone being attentive to it.
8:40 P.M. FEMA Flood Maps
Deputy Usowski told the Commissioners that FEMA has come out with new Flood Maps so it means that some areas which were not “A” Zones of “B” Zones in the past are slightly redrawn so the Commission might be seeing some new cases before them. She said that the Planning Department and Building Department and herself is working to advise people and educate them on how their insurance is going to change. She said it is very minimal in Eastham, unlike Provincetown which got a complete rewrite of everything.
Deputy Usowski said the changes are on the FEMA website. She said this is in the preliminary stage until September so that it is not actually in effect yet.
Deputy Usowkski said that a lot of her time has been spent on the herbicide matter and the Commissioners thanked her for her work. She said the Selectmen are very concerned about it and were the ones who raised the flag for her to investigate.
There was no further business and Mr. LaBranche MOVED to adjourn at approximately
9:50 P.M. Ms. Giovinazzo SECONDED the Motion
SO VOTED UNANIMOUSLY.
Respectfully submitted.
Kay Stewart-Greeley,
Clerk
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Town Clerk Planning Board
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