EASTHAM CONSERVATION COMMISSION
25 August 2009
MINUTES
PRESENT: Glenn Collins, David Hoerle, Steven LaBranche, Steve Smith, Sandra Larsen.
ABSENT: Dennis Murley, Lorraine Giovinazzo.
STAFF PRESENT: Deputy Natural Resource Officer Amy Usowski.
ALSO PRESENT: Katelyn Siddell of East Cape Engineering, Inc., Shirley Enders and Jared West of Rafter Craft.
In the absence of Chairman Murley, Vice-Chairman Hoerle opened the meeting at
7:00 P.M.
The Commissioners took a few minutes to review the Minutes of 11 August 2009. Mr. Collins MOVED and Mr. Smith SECONDED the Motion to approve the Minutes of
11 August 2009.
SO VOTED UNANIMOUSLY.
Deputy Usowski welcomed new Commissioner Sandra Larsen.
Deputy Usowski told the Commission that the Natural Resources Department would like to move an Osprey pole which is located between Hemenway and Salt Pond. She said that when it was installed years ago they didn’t know how far away from the wooded area it needed to be so they would like to move it farther out from the wooded area as there needs to be a clear 360
Mr. Collins said there is a family nesting on the pole in Town Cove and he believes this is the first year they have been there.
Deputy Usowski told the Commissioners that Judy Williams, an ex-Commission member, would like to remove six White Pine trees on the edge of an Isolated Wetland at her house on Corliss Way. They were put in years and years ago to be a living fence
but they have gotten so big they shade everything else and she would like to remove them. She wants to replace them with native shrubs. Deputy Usowski said she was going to have Ms. Williams make an Administrative Review application but feels that an Request for Determination application would be the proper filing since there are six trees.
The Commissioners agreed that a Request for Determination should be filed.
7:10 P.M. Request for Certificate of Compliance, Kramer, DEP SE 19-679, 45R Shurtleff Road, Map 10, Parcel 045.
Deputy Usowski presented this request to the Commission and suggested that the Commission not issue a Certificate of Compliance at this time. She said that a letter was received last year stating that the project was in compliance; but, when she went to look at it she found that the sand bags are bursting open and the stairs are dangerous.
Deputy Usowski said the unfortunately it will require a new filing because the Order of Conditions is long since expired and it did not contain a maintenance condition. She said there is slumping, and some of the bags are out of place and starting to rip open. She said it was built in the 1990s and the average life span of this type of installation is ten years.
It was suggested and agreed that the Commission would hold off on any action on this request until Deputy Usowski has a chance to speak with the owner about what his options are.
7:15 P.M. Request for Amended Order of Conditions filed by Robert G. & Gretchen P. Robinson, DEP SE 1282, 18 Asparagus Lane, Map 19, Parcel 036.
Vice-Chairman Hoerle announced this hearing. Jared West of RafterCraft Building & Remodeling was present for the Robinsons. Mr. West said that when Deputy Usowski came out to the site last week she pointed out something that is slightly different than the plan which causes him to point out another thing that is different than the “As Built”.
Mr. West said that the original plan shows a deck behind the garage and this is in error. He said that on the original building plan this deck is connected all the way to the house. He said he was not aware of this difference. Also, he said that during construction they brought the outside shower up to deck level without informing the Conservation Commission. The other change which Deputy Usowski pointed out to him is that they squared off the deck out of necessity to keep people from walking into the condenser. He said these changes are both noted on the Landscape Plan.
Mr. West said the Robinsons are perfectly happy to take any suggestions the Conservation Commission might have.
He said that in the immediate future, the Robinsons are going to try to have all the lawn put in, the mulch beds and pavers put in and the driveway put in; then, next year they are going to try to work on all the plantings themselves.
Deputy Usowski asked Mr. West to explain a bit about the planting choices, the planting boxes and the timber wall by the driveway. Mr. West said he could not tell the Commission much about the plantings but he explained the wall by the driveway as Deputy Usowski showed photos of the site. Mr. West asked about the delineation of the “No Mow” Zone.
Deputy Usowski said the Order of Conditions state that the Applicants were to come back to the Commission with a Landscape Plan. She said the changes are fairly minor. She said the “No Mow” Zone line being the Phase One work limit is up to the Commissioners as to whether they want to change that.
There was some discussion about the lawn and Mr. Hoerle said he would rather not see a monoculture lawn and at least a “Cape Cod” mix with some Clover.
Deputy Usowski said that this is all within 100' of a Salt Marsh so the Commission is looking at Salt Marsh Performance Standards. She said the slope is fairly gradual. She said that as far as the planting plan goes, they have mixed some natives in with some ornamentals. She said there is nothing invasive but there are quite a few just ornamental flowers and shrubs.
Mr. Collins said the planting plan should reflect the native plant list which the Commission provided. He said there are only three native plants listed on the plan out of about thirty plants. Deputy Usowski said the planting plan could be done differently and there are a lot of Creepers that are native to the area and also there are native Cape Cod Roses. She said the 50' zone is a zone that the Conservation Commission likes to be kept as natural as possible.
Mr. West said it is late in the season and he would like to get something planted and asked if they could get started and then come back with a different list for shrubs. Deputy Usowski reminded the Commission that with an Amended Order they can place new conditions on the project to condition the planting however they want it.
Mr. Smith suggested conditioning it to have no non-native shrub planting from the 50' barrier down to stabilize the whole lower section and this would cause no irrevocable harm. This could be contingent upon another planting plan for shrubs to be submitted at a later date. Mr. Collins said he feels it would be easiest if they came back with a plan that shows what the Conservation Commission is really looking for; but, at the same time, they can at least move forward with the grasses etc.
There was brief discussion about the patio beneath the deck being permeable and about drainage for the shower and Mr. LaBranche said the silt fence needed to be repaired.
Mr. West said the original Order of Conditions stipulates that any timbers cannot be pressure treated. He said the existing retaining wall is pressure treated and asked if they could use pressure-treated limber to re-build it. It was agreed that pressure-treated lumber should not be used on the wall closest to the bank and Cedar, Locust or anything not pressure treated can be used. It was agreed that pressure-treated lumber could be used to replace the larger wall on the upland side.
Vice-Chairman Hoerle closed this hearing and called for a Motion. Mr. Collins MOVED and Mr. LaBranche SECONDED the Motion to issue an Amended Order of Conditions for DEP SE 19-1282 to include a partial Landscape Plan minus the plant list, a “NO Mow” Zone, an enhanced “Cape Cod” mix, the deck and the shower.
SO VOTED UNANIMOUSLY.
7:52 P.M. Notice of Intent filed by Dunes Beach Association, Off Crest Avenue, Map 10, Parcel 409.
Vice-Chairman Hoerle announced this hearing for the maintenance of an existing coastal stairway at the above location. Katelyn Siddell of East Cape Engineering, Inc. was present for the Dunes Beach Association. She said this is a very straight-forward Notice of Intent filing. She said that historically, the Dunes Beach Association has always had an existing Order of Conditions for the stairway but when the leadership of the association changed the Order of Conditions was overlooked and it expired.
Ms. Siddell said they are not proposing any footprint changes or layout changes or design changes but only to replace in kind when necessary. There was some discussion about whether the stairs meet the building codes or not.
There was no further discussion and Vice-Chairman Hoerle closed this hearing. Mr. Collins MOVED and Mr. Smith SECONDED the Motion to issue Order of Conditions
1-18, 19, 20, 21, 22 work to be done from the Top of the Bank down, 25 bottom two posts, 27, 30, 33, 34, 35.
SO VOTED UNANIMOUSLY.
8:05 P.M. Notice of Intent filed by Patricia Voke, 235 Shurtleff Road, Map 07, Parcel 193.
Vice-Chairman Hoerle announced this hearing. Ms. Siddell was the applicant’s representative for this proposal to install sandbags along the Toe of the Coastal Bank, sand nourishment, beach grass planting, the installation of a sand-drift fence, and construction of a stairway on the Coastal Bank at the above-referenced property. She told the Commission that there is an existing single-family dwelling at this property which was built in 1987. She said that currently the property to the North has sand bags and the property to the South also has sand bags protecting their Coastal Bank.
Ms. Siddell said that the applicant’s bank currently does not have anything protecting it. She said it is an eroding bank with erosion of approximately 1.35'+ per year according to Coastal Zone Management’s Shoreline Change maps. She said the house sits about 50' from the Top of the Bank. Since the bags were put in on the adjacent properties is 1994 and 1995, this bank has eroded bank probably 10'+. She said the applicant is proposing to install similar sandbags which will be filled on site with a 1 to 2 slope and meeting the elevation of the abutting walls at 15'. This would make a continuous row of sandbags. She said that in this situation it really wouldn’t make much sense to have a gap between the property lines.
Ms. Siddell continued that elevation 15' is 10' below the 100-year flood elevation (25'). The bags will be located 4' below grade to insure stability and covered with 6" of compatible sand and then planted. She said the whole purpose of this proposal is to promote growth and slow the process of erosion. She said the installation will be 135' long from North to South. They have also proposed a sand-drift fence to aid in the accretion of sand at the site and also to protect the bags from debris. She said a stairway installation is also proposed and nourishment is proposed under this application as well.
Discussion followed about construction of the stairway and Ms. Siddell said they are putting piles just landward of the bags and just seaward of the bags. She said at this point she is not sure whether it would be better to install the sand bags first or build the stairs first and she will need to speak with a contractor to determine this.
Deputy Usowski said they have agreed on the annual nourishment amount and the sand bags are considered a “soft” solution by DEP . She said she has no issues with their delineation of the bottom and top of the bank. She asked Ms. Siddell if they could make a Construction Protocol available since there are so many activities proposed. She also asked Ms. Siddell if she could have a written copy of the permission of the adjacent property owners to connect with their sand bags. Ms. Siddell said the adjacent property owners are actually in favor of this project.
There was no further discussion and Vice-Chairman Hoerle closed this hearing. Mr. Smith MOVED and Mr. Collins SECONDED the Motion to approve this proposal with Order of Conditions 1-18, 19, 20, 21, 22 for the stairway work should be down from the top of the bank down, 25 bottom two piles for the stairs and the sand-drift fence, 27, 29, 30, 32 47 cubic yards annually, 33, 34, 35, 36, 38 construction protocol to be submitted.
SO VOTED UNANIMOUSLY.
There was discussion at this time about the Robinson project and the use of mulch over the winter and perhaps the installation of silt fence to contain the mulch. The use of sea shells instead of mulch was discussed and if shells were used there would be no need for a silt fence.
8:35 P.M. Continuation of Hearing on Notice of Intent filed by William Ladutko, 2705 State Highway, Map 14, Parcel 005.
Vice-Chairman Hoerle announced this hearing. Ms. Siddell was the representative for Mr. Ladutko. This proposal was initially for the demolition of four cottages and the construction of six 1-bedroom units and addition parking. Ms. Siddell said that the scope of work has been downsized greatly because she felt there was no way that enough activity could be moved out of the 50' Buffer to satisfy the Commission. The proposal is now to leave the existing cottages and the only work proposed is to remodel the existing 3-bedroom dwelling on the lot.
This work would include replacing the roof shingles, installing a new front door entrance, modifying interior walls, and replacing some portions of the existing foundation. She said it will be mostly interior work and not a lot of exterior work. She said they are showing a Limit of Work so that when people are walking around there is a physical barrier to show where they should not go. She said the single unit will be turned into two units, a 2-bedroom and a 1-bedroom. She said this is a lot different than the original scope of work.
Deputy Usowski reminded Ms. Siddell that there is a new Conservation Commissioner and it is up to the applicant as to whether she votes on this proposal. Ms. Siddell said this is pretty much entirely different than the previous proposal so she feel comfortable with Ms. Larsen voting.
Deputy Usowski said her questions focus around the foundation repair and how much of the work is going to be done from the exterior. Ms. Siddell said the work can be done from the interior. Deputy Usowski said the Limit of Work on the plan is almost 10' and asked Ms. Siddell if that could be brought in a little bit. Ms. Siddell agreed to making the Limit of Work 5'.
Commissioner Collins said he thinks it is good that the Applicant has come back with a new proposal and listened to the concerns of the Conservation Commission.
Ms. Larsen commented that it looks like where the garage was repaired previously, there is still construction debris right next to the wetland. Ms. Siddell said she would speak to the Applicant about cleaning it up.
There were no additional questions and Vice-Chairman Hoerle closed this hearing. Mr. Collins MOVED and Mr. Smith SECONDED the Motion to issue Order of Conditions
1-18, 19, 20, 21, 22, 23, 26, 33 to be contained in a covered container in the driveway and the site is to be cleaned daily, 35 37 where the edge of the lawn delineated by some type of permanent marker, 38 all existing debris is to be immediately removed from the site.
SO VOTED UNANIMOUSLY.
Jared West reviewed the notes on the Robinson plan for the Commission and the plans were stamped and signed.
There was no further business and Mr. Collins MOVED to adjourn at approximately 9:00 P.M. Mr. LaBranche SECONDED the Motion
SO VOTED UNANIMOUSLY.
Respectfully submitted.
Kay Stewart-Greeley,
Clerk
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