EASTHAM CONSERVATION COMMISSION
11 August 2009
MINUTES
PRESENT: Glenn Collins, David Hoerle, Steven LaBranche, Lorraine Giovinazzo, Steve Smith, Dennis Murley.
STAFF PRESENT: Deputy Natural Resource Officer Amy Usowski.
ALSO PRESENT: Avinash Patwardhan, Bhagwan (Ben) Parab, Katelyn Siddell of East Cape Engineering, Inc., Sandra Larsen.
Chairman Murley opened the meeting at 7:00 P.M. and asked if there was any discussion about the Minutes of 14 July 2009. Deputy Usowski pointed out one spelling correction and there was no further discussion.
Mr. LaBranche MOVED and Ms. Giovinazzo SECONDED the Motion to approve the Minutes of 14 July 2009.
THE VOTE WAS 5 IN FAVOR WITH 1 ABSTENTION.
MOTION CARRIED.
7:05 P.M. Request for Certificate of Compliance, Scribner, DEP SE 19-1331, 290 Windjammer Lane, May 19, Parcel 080.
Deputy Usowski told the Commissioners that Ms. Scribner is trying to re-finance. She said the request was received but it was not put on the site visit schedule so it was up to the Commissioners whether they wanted to consider it or not. Ms. Usowski said the fence has been moved to where the Conservation Commission wanted it to be and everything is in compliance.
After viewing photos of the site, Ms. Giovinazzo MOVED and Mr. Smith SECONDED the Motion to grant a Certificate of Compliance for DEP SE 19-1331.
SO VOTED UNANIMOUSLY.
7:08 P.M. Administrative Review, Charles DeNagy, Whispering Pines, Muddy Pond, State Highway, Map 15, Par. 097B.
Commissioner LaBranche recused himself from this discussion.
Deputy Usowski explained that Mr. DeNagy wants to remove another dead tree. She said they are having a big problem with the Turpentine Beetle. She said they are not planning on cutting until Fall so they wont attract more beetles. She said she spoke with Mr. DeNagy and they will be coming to the Commission for approval to do some more native plantings. She said they will leave the root system intact unless the Commission wants them to stump grind it.
Commissioner Collins said they have been good stewards of the property and come for Commission approval before they do any work which is a good thing.
Chairman Murley strongly suggested that they remove the tree from the property and don’t grind it or chip it on site. Deputy Usowski said they are aware of this.
There was no further discussion and Commissioner Hoerle MOVED and Commissioner Giovinazzo SECONDED the Motion to ratify this Administrative Review.
SO VOTED UNANIMOUSLY.
Deputy Usowski asked if any of the Commissioners had a chance to go by the Gooding property at 1625 and 1585 State Highway to see what is growing back. She said the Commission wanted to see the property again towards the end of the Summer. She said it is coming back with kind of a mix of invasives and native plants. She said the Goodings were looking for further direction. She said the property looks a lot better and showed photos of the site. She said the Goodings also want to speak to the Commission about taking down a tree which is starting to hang over the house.
Commissioner Murley said most of the vegetation will grow back fairly quickly and what he would like to see is a “No Mow” zone delineation installed so that a future owner will know where the delineation is.
Deputy Usowski said that she told them they would need to apply for the tree removal and that along with that they would like to put a wall around the concrete slab which is underneath the porch and accesses the basement. She said there will be no new holes dug and she suggests that they submit an RDA and include the tree removal with that application.
The Commissioners reviewed photos of the tree and Deputy Usowski said she will speak with the Goodings about selectively pruning it instead of taking it down. Chairman Murley said he feels uncomfortable with homeowners coming to the Commission before a filing to ask what they should do. He said that his suggestion is that the “No Mow” zone barrier be put up and that no new plantings are required at this time. He said it is his opinion that filing an RDA for the tree and the wall is appropriate but that it does not guarantee approval. Deputy Usowski said she will let the Goodings know this.
7:16 P.M. Notice of Intent filed by Avinash Patwardhan, 13 Horton Way, Map 07, Parcel 495.
Chairman Murley announced this hearing. Mr. Patwardhan was present and explained his proposal to repair an existing beach access stairway, plant beach grass, and maintain the existing rock revetment at the above-referenced property. He said the stairway had been in place for more than twenty-five years and the rock revetment has been in place since 1989. He said there is no problem with the revetment at the present time but the stairway needs to be repaired. He said the bank is planted with beach grass but a couple of bald spots have appeared during the past couple of years and he would like to replant these spots.
Deputy Usowski said that the stairway does need repair and would suggest that the Applicant speak with the Building Inspector because there is a standard to which the stairs will need to be built to meet the current building code. She said there is a little bit of scour at the Top of the Bank and the Conservation Commission is always happy to have beach grass planted. She said that because there is a revetment annual beach nourishment will be necessary and the amount which she has calculated to be necessary is 41.5 cubic yards per year.
There was some discussion about the maintenance condition and beach nourishment and keeping the Order of Condition open with Extensions every three years. Deputy Usowski told Mr. Patwardhan that 60-70% of the homeowners with revetments on their property have nourishment conditions and of those people it is probably greater than 95% who are doing it. She explained the process to Mr. Patwardhan.
Commissioner Smith told the Applicant that the stairs which exist presently are not code compliant so he will need to produce a set of plans to meet code and compliance with the Conservation Commission’s regulations. Deputy Usowski told Mr. Patwardhan that the Building Inspector would not issue a Building Permit until he receives an Order of Conditions from the Conservation Commission.
There was no further discussion and Chairman Murley closed this hearing. Mr. Hoerle MOVED and Ms. Giovinazzo SECONDED the Motion to issue Order of Conditions 1-18, 19, 20, 21, 22, 25, 26, 27, 29, 31 41.5 cubic yards per year, 33, 34, 35, 36.
Mr. Patwardhan told the Commission that the staircase is on the right-of-way of Horton Way and not actually on his property. He said this is a community right-of-way. He said that he originally built the staircase and has been maintaining it.
Chairman Murley said that Mr. Patwardhan will need a letter from the Bayberry Association stating that it is OK for him to do this work. There was some discussion about the ownership of this right-of-way. Mr. Patwardhan said that he carries insurance coverage on the stairway.
It was decided to hold off on a vote on the Motion which was put forward until all paper work is in order and it may be that this will need to be split into two filings.
Chairman Murley said the hearing should not be closed and the Order not voted on because of these ownership issues. Mr. Patwardhan requested a continuance until he receives permission from the Bayberry Association to do this work.
Ms. Giovinazzo MOVED and Mr. Smith SECONDED the Motion to continue this hearing until a later date as yet undetermined.
SO VOTED UNANIMOUSLY.
8:00 P.M. Request for Administrative Review, DeRemer, 125 Shurtleff Road, Map 10, Parcel 238.
Deputy Usowski presented this AR to the Commissioners and told them the Applicants propose to prune around the deck so the vegetation doesn’t encroach and they wish to prune an informal path off the deck to the Top of the Coastal Bank. She said they also wish to remove the Bittersweet along the split-rail fence at the front of the property near the road, which is outside the 100' Buffer Zone. She said Robert Hess is the representative for the owners and he is extremely careful about anything near the 100' line.
She said that most of the requested activity is definitely covered by an Administrative Review. She said they are planning to prune about a foot off the deck just to address the vegetation which is encroaching but there is a small informal path that has grass and low-lying vegetation which they would like to clear and maintain. She said it is just a path to the Top of the Bank. She said they are not planning on doing a lot. She said it is nothing much and they don’t plan on making it anything more. She said they already have permission to cut along the power lines. Deputy Usowski showed photos of the site.
Mr. Smith said he questioned the logic of the path. He said that the path appears to stop short enough so that you actually cannot see over the bank. He said he doesn’t think it is doing any harm because it’s so small. It is barely two foot widths wide. Mr. Collins said he would have a hard time approving continued use of a non-permitted path. He said they would need to come back to the Commission with a proposal for the path.
Chairman Murley said the Conservation Commission has no jurisdiction beyond the 100' Buffer and suggested hand pruning or pulling within the Buffer. He said the pathway should not be addressed under this Administrative Review and the Commission should only address the trimming of Bittersweet and pruning a foot off the deck.
Mr. Hoerle MOVED and Mr. Smith SECONDED the Motion to ratify the Administrative Review for the trimming of Bittersweet and pruning one foot off the deck.
SO VOTED UNANIMOUSLY.
8:20 P.M. Request for Certificate of Compliance, Lapham, DEP SE 19-1223, 435 Shurtleff Road, Map 07, Parcel 142A.
Deputy Usowski reviewed this request for the Commission. This Order was approved in 2006 for the construction of a rock revetment with a nourishment conditions. She said that she would suggest issuing a Certificate of Compliance with an ongoing condition for nourishment. She told the Commission that Mr. Lapham thinks the nourishment amount is incorrect but that she has re-calculated it on several different occasions and has gotten the same figure. She said that Mr. Lapham wants to put some type of gauge and she would like to see a proposal for what type of gauge and where he wants to put it.
Mr. Smith said that this Order of Conditions was issued with two other Orders for the same area and that all three of the properties have nourishment conditions.
Deputy Usowski said Mr. Lapham has been doing the nourishment every year in the amount of 154 cubic yards.
Chairman Murley said that he has tried to reach Mr. Lapham on several occasions. He said that he raises some pretty good concerns but that if there is too much sand in the area it shows that the nourishment is working. Deputy Usowski said Mr. Lapham is in town presently and Chairman Murley said he would go to see him and discuss the pertinent matters with him. Deputy Usowski said Mr. Lapham is also concerned with kids climbing on the revetment not realizing there are rocks underneath the sand.
There was discussion about the warning signs which Mr. Lapham has placed on the property and their placement and there was some further discussion about nourishment.
Mr. Smith MOVED and Mr. Hoerle SECONDED the Motion to issue a Certificate of Compliance for DEP SE 19-1223 with an ongoing condition for maintenance and annual beach nourishment in the originally-calculated amount.
SO VOTED UNANIMOUSLY.
Deputy Usowski told the Commissioners that the DPW wants to repair the catch basin at the corner of Samoset and Herringbrook Roads. She said she is working on a blanket application for the maintenance of roads for catch basin repair and pothole repair, but right now they would like to repair this one which is above the grade of the road and not catching the water runoff. Deputy Usowski said she doesn’t know how long ago the catch basin was installed.
Deputy Usowski reminded the Commissioners about the meeting regarding NStar’s application of herbicides along the bike trail. She told them it would be on the 12th at Nauset Regional High School at 6:00 P.M., and urged the Commissioners to attend if they could.
There was some discussion about the Paine property at 550 State Highway for which the Commission issued an Order of Conditions in 2007 to remove two cottages near the water and construct one single-family dwelling. Deputy Usowski said they are doing the vegetative management piece of the project which plan was submitted by Seth Wilkinson and approved by the Conservation Commission. She said she told Mr. Paine to notify her when they begin the re-planting phase. She said she will keep a close eye on this property.
Mr. Collins commented that he feels the Conservation Commission needs to be more careful when they approve a plan for vegetative management.
Deputy Usowski said they have cut (perhaps a bit to low) according to the approved plan and there is also an approved planting plan with this Order of Conditions.
Discussion followed about placement of a silt fence to deter erosion. Also, the work is not being carried out by Mr. Wilkinson, who drew up the approved plan. It was discussed that perhaps in the future there needs to be some sort of finite time put on these plans so that the work is accomplished in a timely manner.
Deputy Usowski said she would speak with the owner and call the engineering firm which represented the owner.
Deputy Usowski told the Commission that in regard to the repair of Collins Landing the DPW has decided to step back and is researching the use of pre-cast slabs or poured concrete and will file a Notice of Intent to repair the whole area instead of just filling potholes.
There was no further business and Ms. Giovinazzo MOVED to adjourn at approximately 8:45 P.M. Mr. Hoerle SECONDED the Motion
SO VOTED UNANIMOUSLY.
Respectfully submitted.
Kay Stewart-Greeley,
Clerk
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