EASTHAM CONSERVATION COMMISSION
12 January 2010
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 & Tess Gooding, David Lyttle of Ryder & Wilcox, Inc., Donald Kramer, Donna Kramer, Brian Kramer, Mike Smith, Terry Ryan of Applewood Survey LLC, Tim Brady of East Cape Engineering, Inc.
Vice-Chairman Hoerle opened the meeting at 7:00 P.M.
7:02 P.M. Request for Certificate of Compliance, Hale, DEP SE 19-1265, 75 Bay View Drive, Map 13, Parcel 013.
Deputy Usowski reviewed this request for the Commission. The Applicants had fairly recently received an Amended Order of Conditions to account for
previously-unapproved changes to the plan and are now requesting a Certificate of Compliance to close the project out.
Ms. Giovinazzo MOVED and Mr. LaBranche SECONDED the Motion to issue a Certificate of Compliance for DEP SE 19-1265.
THE VOTE WAS 5 IN FAVOR WITH ONE ABSTENTION.
MOTION CARRIED.
7:05 P.M. Administrative Review, Micelli, 25 Cove Road, Map 18, Parcel 043.
Commissioners Larsen and Collins recused themselves from this matter.
Deputy Usowski explained this request for permission to remove invasive vines and Maple saplings from around the Winterberry bush near Mr. Micelli’s driveway, and to continue to removed brush from the rear of the property and have it chipped and taken off site.
Deputy Usowski said there is Bittersweet with some Cat Brier mixed in. She said she will make sure to put in the notes that the invasives are to be pulled or flush cut and that no herbicides are to be used.
Ms. Giovinazzo MOVED and Mr. LaBranche SECONDED the Motion to ratify this Administrative Review.
SO VOTED UNANIMOUSLY.
7:10 P.M. Approval of Minutes of 22 December 2009.
The Commissioners reviewed the Minutes. After a couple fo minor corrections, Mr. Smith MOVED and Ms. Giovinazzo SECONDED the Motion to approve the Minutes of 22 December 2009.
SO VOTED UNANIMOUSLY.
7:15 P.M. Continuation of Hearing on Notice of Intent filed by David Gooding, 1625 State Highway, Map 18, Parcel 306A.
Vice-Chairman Hoerle announced this hearing. The Applicant was present.
Deputy Usowski explained that this was more of a paper work issue. She said that the Commission had wanted to wait until the Fall to see how the site looked and no Order of Conditions was ever issued. She said the Goodings have complied with letting the area return to natural and that by the Fall the shrubs were coming back and had reached a height of a few feet.
She said that when the Goodings contacted her and wanted to know how to close out this matter she realized that an Order had never been issued. She said this needed to be done so they could request a Certificate of Compliance.
After brief discussion, Ms. Giovinazzo MOVED and Mr. LaBranche SECONDED the Motion to issue Order of Conditions 1-19, 20, 21, 22, 26, 29 let area re-grow and wait until Summer to re-evaluate to see if re-planting is necessary , 37 from the bottom of the hill out, 38 no further cutting until a plan is submitted delineating the Wetland, the 50' Buffer and the 100' Buffer Zone.
SO VOTED UNANIMOUSLY.
At this time Deputy Usowski told the Commissioners that because of the recent storm she has been getting calls from people saying they lost sand and wanting to know what they could do about it. She said that most all of the people have Orders of Conditions for maintenance of their Coastal Bank if they need it and have annual nourishment requirements and she doesn’t want them all to have to request Amended Orders or do a ton of paper work, but there does need to be some type of record to allow them to add sand. She said that if people don’t have an order of Conditions they obviously would have to file a Notice of Intent unless their house was in jeopardy and then they would qualify for an Emergency Order of Conditions. She asked the Commissioners if they would be comfortable with an Administrative Review with an
agreeable amount of sand for those who already have an open Order of Conditions for sand nourishment.
The Commissioners agreed that this was an acceptable way to handle these requests.
Deputy Usowski spoke about the Kramer site which had severe damage to their bank. The Kramers were present for their application later in this meeting. Deputy Usowski told the Commission she issued an Emergency Certification to add 500 cubic yards of sand from the top of the Coastal Bank.
Mr. Collins MOVED and Ms. Giovinazzo SECONDED the Motion to approve the Emergency Certification to add sand at the Kramer residence at 45 Rear Shurtleff Road, Map 10, Parcel 232 O-R.
SO VOTED UNANIMOUSLY.
7:30 P.M. Request for Determination of Applicability filed by Patricia A. & Timothy F. Daly, 39 Cranberry Lane, Map 13, Parcel 060.
Vice-Chairman Hoerle announced this hearing. Commissioner Larsen recused herself from this hearing. David Lyttle of Ryder and Wilcox, Inc. was representing the Applicants and their builder, Mike Smith, was present as well. Mr. Lyttle explained this proposal to construct a one-story sunroom on sono tube footings with a deck on top of it on the southern side of their house.
Mr. Lyttle said the sunroom itself is 75' from the Top of the Coastal Bank, but this entire area is classified as a dune. He said the Applicants would like to move the outside shower to the back portion of the deck. He said a path presently exists along the north side of the house and around the deck which can be used for access to construct the sunroom. He said that all work will be done by hand. He said he feels that the project could be accomplished with very little disturbance to the dune or dune grass in the area. He said there will be 2-3' of open space below the sunroom and there will certainly be enough room for sand to migrate.
Mr. Lyttle said there would be a maximum of ten sono tube footings and there may be fewer. He said there will be no need for access from these decks to the ground and they would be accessed strictly from the house. Discussion followed about the work limit silt fence placement.
Deputy Usowski showed photos of the site and there was discussion about re-planting or replacement of the Cedars which would need to be removed. Ms. Giovinazzo suggested that no lattice be put under the decking and the Commissioners agreed. It was agreed also that the disturbed area should be replanted with beach grass. Mr. Collins said he feels that there should be a dumpster on site to contain debris. Mr. Lyttle said he would provide a revised plan with the additional notes on it.
Mr. Lyttle reviewed the additional notes for the Commission:
Replace disturbed areas with Beach Grass;
No lattice under decking;
Replace Cedars in kind and number;
Dumpster in driveway, clean site daily;
Dry well for shower; and
Minimum of 2' under decking to ground.
There was no further discussion and Vice-Chairman Hoerle closed this hearing. Mr. Collins MOVED and Ms. Giovinazzo SECONDED the Motion for a Negative Determination for Reason #3.
SO VOTED UNANIMOUSLY.
7:50 P.M. Notice of Intent filed by Don & Donna Kramer, 45 Rear Shurtleff Road, Map 10, Parcel 232 O-R.
Vice-Chairman Hoerle announced this hearing. Mr. Kramer was present along with his representative, Terrence Ryan of Applewood Survey LLC. Mr. Ryan reviewed for the Commission that Mr. Kramer had applied to the Commission in 1995 and had installed sand bags which, in the long run, have not held. They are now proposing to construct a rock revetment to replace the sand bag revetment at this site.
Mr. Ryan the proposed revetment would be constructed exactly the same as the revetment at 145 Shurtleff Road. He said it will be constructed to elevation 20' and 131' across. He said they will need to re-build the stairs which were lost in the recent storm. He said that once the stones are in place they propose to re-plant the Beach Grass which was lost in the storm, and they proposed to replace the post and rail fence at the Top of the Bank which was also lost in the storm. He said access will be from Campground Beach Town landing.
Deputy Usowski said that this property qualifies to be considered for a rock revetment as it was built long before 1978. She said that the plan does not delineate the resource area or the Buffer Zones to the resource area. Mr. Ryan said he will add that to the
plan. Deputy Usowski asked that an annual nourishment figure be provided as well. The Commissioners viewed photos of the site showing the severe damage to the bank and the destroyed stairway. Deputy Usowski said that the Kramer property probably had the most significant erosion from the recent storm.
Mr. Kramer said a new stairway would be in the same place but may be designed a little differently.
Mr. Ryan asked for a continuance of this hearing to provide time to submit the additional information requested and for DEP to issue a file number. Ms. Giovinazzo MOVED and Mr. LaBranche SECONDED the Motion to continue this hearing until
9 February 2010.
SO VOTED UNANIMOUSLY.
8:13 P.M. Continuation of Hearing on Request for an Amended Order of Conditions filed A. Richard Carlson, DEP SE 19-1347, 60 Rogers
Lane, Map 21, Parcel 069.
Vice-Chairman Hoerle announced this hearing. Tim Brady of East Cape Engineering, Inc. was present for the Applicant. Mr. Brady requested another continuation in order to provide the Commission with additional information.
Ms. Giovinazzo MOVED and Mr. LaBranche SECONDED the Motion to continue this hearing until 26 January 2010.
SO VOTED UNANIMOUSLY.
8:15 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 & 195.
Vice-Chairman Hoerle announced this hearing. Deputy Usowski told the Commissioners that Coastal Engineering Company had requested a continuance of this hearing in order to gather additional information regarding the permission from the abutters for the project. Vice-Chairman Hoerle read the letter into the record.
Ms. Giovinazzo MOVED and Mr. LaBranche SECONDED the Motion to continue this hearing until 26 January 2010.
SO VOTED UNANIMOUSLY.
Discussion followed about potential changes to the Beach Nourishment Policy relative to the grain size of the sand being used for nourishment and about asking a Coastal Geologist for input.
The Commission discussed the Draft Wetlands Bylaw. Ms. Giovinazzo MOVED and Mr. LaBranche SECONDED the Motion to approve the changes to the Eastham Wetlands Bylaw and that it be submitted to Town Counsel for review and placement on the May 2010 Town Meeting Warrant.
SO VOTED UNANIMOUSLY.
There was no further business and Ms. Giovinazzo MOVED to adjourn at approximately 8:50 P.M. Mr. LaBranche SECONDED the Motion.
SO VOTED UNANIMOUSLY.
Respectfully submitted.
Kay Stewart-Greeley, Clerk
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