EASTHAM CONSERVATION COMMISSION
22 December 2009
MINUTES
PRESENT: Glenn Collins, David Hoerle, Steve Smith, Sandra Larsen, Lorraine Giovinazzo, Steve LaBranche.
NOT PRESENT: Dennis Murley.
STAFF PRESENT: Deputy Natural Resource Officer Amy Usowski.
ALSO PRESENT: David Payor, George Reilly of Land Design Associates, Jason Ellis of J.C. Ellis Design Co., Inc.
Vice-Chairman Hoerle opened the meeting at 7:00 P.M.
7:02 P.M. Administrative Review, David Payor, 40 Kittiwake Lane, Map 21,
Parcel 051G.
Deputy Usowski told the Commissioners that Mr. Payor would like to remove dead and down vegetation and Bittersweet and flush cut two leaning trees, one Locust and one Sycamore Maple, and do a little bit of brush clean up. The proposed work is within 100' of a Shrub Swamp. She said her one question for Mr. Payor is that all of the work is within the right of way and not on the abutters property.
Mr. Payor said the trees are both on his property and he went over his plan with the abutter, the Eagle Wing Motel and they were all for it. Deputy Usowski said that from an environmental standpoint she sees nothing wrong with the proposal.
After brief further discussion regarding abutters involvement, Mr. Collins MOVED and Mr. Smith SECONDED the Motion to ratify this Administrative Review.
THE VOTE WAS 5 IN FAVOR WITH ONE ABSTENTION. MOTION CARRIED.
7:15 P.M. Continuation of Hearing on Notice of Intent filed by Kenneth Mitchell, 365 Shurtleff Road, Map 07, Parcel 164.
Vice-Chairman Hoerle announced this hearing. The Applicant’s representative George Reilly of Land Design Associates was present. This proposal is for the construction of a boardwalk, a stairway, and a sand-drift fence. Deputy Usowski told the Commission that Mr. Reilly had submitted new plans with changes to the staircase and a narrative detailing the changes and construction protocol.
Mr. Reilly told the Commission that the boardwalk is within the confines of the existing path. He said the landing has been limited to the size of the landing which exists already and the boardwalk stays in line with the proposed stairway. He said the landing and the removal of the stairs are completely off the Coastal Bank. He said that the sand-drift fence has been moved to the Toe of the Bank.
Discussion followed about the stairway construction and the disturbance to the bank. It was verified that the boardwalk will be no more that three feet wide and the sand-drift fence will be installed right next to the existing sand-drift fence.
Deputy Usowski said that a good deal of the vegetation in the area is invasive and the Conservation Commission would not mind it being removed and replanted with native shrubs during the course of the project. Mr. Reilly said the intent is to plant as much beach grass as possible without disturbing what is already there.
There was no further discussion and Mr. Hoerle closed this hearing. Mr. Collins MOVED and Ms. Giovinazzo SECONDED the Motion for approval with Order of Conditions 1-18, 19, 20, 21, 22, 25 the seaward posts, 26, 27, 29 to include beach grass, 30, 33, 35, 36, 38 that the raised boardwalk is to be three feet wide.
SO VOTED UNANIMOUSLY.
7:30 P.M. Continuation of Hearing on Request for an Amended Order of Conditions filed by A. Richard Carlson, DEP SE 19-1347, 60 Rogers Lane, Map 21, Parcel 069.
Vice-Chairman Hoerle announced this hearing. Deputy Usowski told the Commissioners that the East Cape Engineering, Inc. has requested a continuance of this hearing until 12 January 2010.
Mr. Collins MOVED and Mr. LaBranche SECONDED the Motion to continue this hearing until 12 January 2010.
SO VOTED UNANIMOUSLY.
7:45 P.M. Continuation of Hearing on Notice of Intent filed by Donald Cook, 165 Shurtleff Road, map 10, Parcel 240; and, 195 and 205 Shurtleff Road,
Map 07, Parcels 197 and 195.
Vice-Chairman Hoerle announced this hearing. The Applicant has requested a continuation of this hearing. Ms. Giovinazzo MOVED and Mr. LaBranche SECONDED the Motion to continue this hearing until 12 January 2010.
SO VOTED UNANIMOUSLY.
7:47 P.m. Administrative Review, Town of Eastham, portion of Wiley Park abutting Luther’s Lane, Map 10, Parcel 001.
Deputy Usowski told the Commissioners that the Natural Resources Department would like to thin out fire fuel in the 200' Buffer Zone to residential properties abutting Wiley park behind Luther’s Lane. She said the proposed work is to consist of the removal of dead and down trees and brush, and removal of 50% of woody shrubs less than 6" in diameter. She said that all work will take place 50'+ from the edge of the wetland. She said this work is in compliance with the Fire Management Plan for Town-owned open space parcels.’
The Commission felt that a Natural Resources Officer should always be on site while the work is being done and that no Wetland plants such as Winterberry or Blueberry should be cut.
Mr. Collins MOVED and Mr. LaBranche SECONDED the Motion to approve this Administrative Review.
SO VOTED UNANIMOUSLY.
7:50 P.M. Administrative Review, Town of Eastham, 820 Samoset Road,
Map 14, Parcel 075C.
Deputy Usowski told the Commissioners that the town would like to be able to maintain the walking trail through this property that connects Nickerson Conservation Area with Cottontail Acres. She said there will not be much cutting of new growth and just removal of material that abutters have stockpiled near the trail on the Town property. She said that only a couple of trees will need to be removed. She said this proposal is also being done to comply with the Fire Management Plan.
After brief discussion it was MOVED by Mr. Smith and SECONDED by Mr. LaBranche to ratify this Administrative Review.
SO VOTED UNANIMOUSLY.
8:00 P.M. Request for Determination of Applicability filed by Susan Murphy, 30 Uncle Nate’s Way, Map 17, Parcel 566.
Mr. Hoerle announced this hearing. Jason Ellis of J.C. Ellis Design Co., Inc. was present for the Applicant and explained the proposal to abandon the existing septic tank and leach area and install a new well within 100' of the Bordering Vegetated Wetland at this property. Mr. Ellis said this property is for sale and the septic inspection is what precipitated this proposal. He said the new septic system will be located in the rear of the property well outside the 100' Buffer Zone and in order to do so they will need to relocate the well.
Deputy Usowski said she didn’t have any questions or problems with this particular project. She said there were some things done at this property that she will follow up on. She said she thinks it’s a very good thing to get the septic system outside the 100' Buffer Zone.
Ms. Larsen said that it doesn’t have anything to do with this proposal, but all along Uncle Nate’s Way, between #20, #30, and #40 there appears to be about a 4"x6" drainage culvert all along the whole road and down well into the Bordering Vegetated Wetland. She said as she followed these she saw a lot of mowing down parallel to Uncle Nate’‘s Way. She said there were also piles of debris in the wetland. Mr. Ellis said he too noticed this when he was out there.
Deputy Usowski said she will check the ownership and follow up on this matter.
There was no further discussion and Mr. Hoerle closed this hearing.
Mr. Smith MOVED and Mr. Collins SECONDED the Motion for a Negative Determination for Reason #3.
SO VOTED UNANIMOUSLY.
8:10 P.M. Request for Certificate of Compliance, Brothers, DEP SE 19-948, 165 Shurtleff Road, Map 10, Parcel 240.
Deputy Usowski said this request has come before the Commission and has not been granted for a variety of different reasons of non-compliance with the Order of Conditions. She said the plants seem to be doing okay and the sprinklers have been disconnected; but, the pool company said they are draining the pool and spa to the drain in the driveway. She said this area is out of the jurisdiction of the Conservation Commission but she thinks it would be better if the water was taken off site.
Mr. LaBranche said it appears to him that the sprinkler system has indeed been disabled.
Deputy Usowski said she would need to review the files to see if there was any specific condition relative to the pool drainage and the Commission can review this request again at the first January 2010 meeting.
~8:20 P.M. Request for Certificate of Compliance, Leveille, DEP SE 19-545, Shore Gardens, Lot 15, County Road.
Deputy Usowski reviewed this request for the Commissioners. She said that no signed and stamped plan could be found and the engineering company is no longer in business. She said that the attorney sent an Affidavit stating their case and again requesting that the Commission issue a Certificate of Compliance. She said that the Order of Conditions was issued in 1991 for the replacement of a damaged dock. She said it seems that the Order of Conditions was
complied with. She said that issuing the Certificate of Compliance would close the project entirely and future work of any kind would require a new application to the Conservation Commission.
Mr. Collins MOVED and Ms. Giovinazzo SECONDED the Motion to issue a Certificate of Compliance for DEP SE 19-545.
SO VOTED UNANIMOUSLY.
8:25 P.M. Approval of Minutes of 27 October and 24 November 2009.
Ms. Larsen MOVED to approve the Minutes of 27 October 2009 as submitted and Mr. Collins SECONDED the Motion.
SO VOTED UNANIMOUSLY.
Ms. Larsen thought it was important to include in the 24 November Minutes that Mr. Brady had not reviewed the DVD of the Carlson meetings and the Commissioners agreed.
Ms. Giovinazzo MOVED and Mr. Collins SECONDED the Motion to approve the Minutes of 24 November 2009 with the addition.
SO VOTED UNANIMOUSLY.
Deputy Usowski spoke with the Commissioners about a proposal of the Provincetown Center for Coastal Studies which has received a grant to do Eel Grass restoration plantings in Cape Cod Bay and what type of filing they felt would be necessary.
The Commission discussed the rough draft of the new Wetlands Bylaw. It was decided to schedule a meeting for further discussion.
There was no further business and Ms. Giovinazzo MOVED to adjourn at approximately
9:00 P.M. Mr. Smith SECONDED the Motion.
SO VOTED UNANIMOUSLY.
Respectfully submitted.
Kay Stewart-Greeley, Clerk
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