EASTHAM CONSERVATION COMMISSION
23 March 2010
MINUTES
PRESENT: Glenn Collins, David Hoerle, Steve Smith, Sandra Larsen, Lorraine Giovinazzo, Steve LaBranche, Dennis Murley.
STAFF PRESENT: Deputy Natural Resource Officer Amy Usowski.
ALSO PRESENT: Larry Luczynski, John Sherff, Giovanni Cicero, Christine Sylvia, Jason Ellis of J.C. Ellis Design Co., Inc., Tim Klink of Coastal land Design, James McDermott.
Chairman Murley opened the meeting at 7:00 P.M.
7:02 P.M. Administrative Review, Klingel, 90 Old State Highway, Map 120, Parcel 117B.
Deputy Usowski told the Commission that Larry Luczynski was present for the Klingels. She said that Mr. Luczynski proposes to pump and abandon two existing cesspools at the property; one which is about 60' from the resource and the other which is about 100' from the resource. She said that the new septic is completely out of Conservation jurisdiction. She suggested that a silt-fence Limit of Work be established and that she makes a site visit before the work begins. She said she has no problems with the proposal.
The Commission thanked Mr. Luczynski for bringing this proposal to the Commission for review.
Mr. Hoerle MOVED and Ms. Giovinazzo SECONDED the Motion to ratify this Administrative Review.
SO VOTED UNANIMOUSLY.
7:07 P.M. Administrative Reviews: McDermott, 33 Cranberry Lane, Map 13, Parcel 063; Aranowitz, 35 Cranberry Lane, Map 13, Parcel 062; and, Harrison, 37 Cranberry Lane, Map 13, Parcel 061.
Deputy Usowski told the Commission that all three Applicants want to repair their existing sand-drift fences and wish to do the work at the same time.
The Commissioners felt the proposal was pretty straight forward. Ms. Giovinazzo MOVED and Mr. LaBranche SECONDED the Motion to ratify all three Administrative Reviews.
SO VOTED UNANIMOUSLY.
7:11 P.M. Administrative Review, Beneski, 7 Nycoma Way, Map 10 Parcel 325.
Deputy Usowski told the Commission that this request is another for repair to a sand-drift fence.
Mr. Hoerle MOVED and Ms. Giovinazzo SECONDED the Motion to ratify this Administrative Review.
SO VOTED UNANIMOUSLY.
7:15 P.M. Notice of Intent filed by Giovanni Cicero, 45 Bayview Road, Map 19, Parcel 015.
Chairman Murley announced this hearing for a proposal to top trim trees within the 100' Buffer Zone to a Coastal Bank.
Mr. Cicero was present and told the Commission he was thinking of withdrawing the application since he’s been told he will have to file with Natural Heritage and Endangered Species Program which will cost more money. Deputy Usowski said that is not a certainty. She said the trees are right on the line of Priority Habitat. She said she has e-mailed Natural Heritage explaining the proposal and encouraged Mr. Cicero to keep this application open and continue the hearing until she gets a definite answer.
Mr. Cicero explained that the trees are getting very tall and he thought that if he trimmed the tops they would not be in danger of getting blown over. He said he thought it was a simple matter but it has become a very complicated matter. He said A-Z trees made the application for him. He said he feels he is 7-8' back from the Natural Heritage line. He said that the Locusts are the ones that he most wants to trim.
Mr. Hoerle reminded Mr. Cicero that Cedars don’t take well to pruning.
Mr. Smith said he didn’t see how topping would make the Locusts any safer and that they would come down if the wind blows right anyway and they are all far enough away from the house that they’re not going to do any damage. He said he wasn’t sure if there was a reason to prune them period and as far as the Cedars are concerned, definitely not. He said they’ve already been lollipopped.
Ms. Larsens said that what she has read is that every time you top off a tree you make them more susceptible to damage. She said that all the trees were there and survived the storm in 2005 so she thinks they did a good job standing up.
Mr. Smith said that if you top the Locusts and cause the mass to get larger they will be more susceptible to the wind and when they come out they will uproot and that will disrupt all the ground and the rain will cause the earth to flow into the road or into the marsh. He said that his feeling would be to leave them be until the time that they’re taken out by a storm and then cut them up. He said he just doesn’t see what will be gained by topping them.
Mr. LaBranche commented that any trimmed Locusts he’s seen don’t look like a tree and look funny.
Chairman Murley commented that the Commission usually approves tree removal if the trees are threatening a structure or for a view corridor. He said that he has found that when Locusts grow that close to a Salt marsh they are pretty tough and wiry and just don’t blow over.
Mr. Cicero finally requested that this hearing be continued until 13 April 2010. Ms. Giovinazzo MOVED and Mr. Hoerle SECONDED the Motion to continue this hearing until 13 April 2010.
SO VOTED UNANIMOUSLY.
7:30 P.M. Notice of Intent filed by John Sherff, 15 Blue Bill Lane, Map 17,
Parcel 520.
Chairman Murley announced this hearing for a proposal to remove trees to enhance the vista within the 100' Buffer to a Coastal Bank.
Mr. Sherff was present and explained his proposal to the Commissioners.
Deputy Usowski said vista pruning is usually done in stages, opening one area at a time and checking the results. She said that Mr. Sherff is requesting to remove several large trees and she is concerned for the stability of the bank. She said that her recommendation would be to do it in phases, perhaps doing Group 1 as listed in Mr. Sherff’s application and then proceed from there.
Chairman Murley said the Commission usually likes to grant a view “corridor” and sometimes taking down a branch is as effective as taking down a tree.
Deputy Usowski showed photos of the site showing the trees in each group Mr. Sherff had defined in his application. The Commissioners reviewed the photos.
Ms. Giovinazzo said she did not have any problem with taking down the trees in Group 1. Chairman Murley said he didn’t feel there would be any problem with this.
Mr. Collins said he likes the phased approach and that is the way the Commission has handled other projects. He said he feels that Mr. Sherff is a great steward of the property and feels the Commission needs to take that into consideration.
It was agreed that the cut trees should be removed from the 100' Buffer Zone.
There were no additional comments and Chairman Murley closed this hearing. Mr. Hoerle MOVED to approve this proposal and Ms. Giovinazzo SECONDED the Motion with Order of Conditions 1-19, 20, 21, 22 Area 1 on plan, 26, 29, 34 allowed to maintain the specific cut stumps, 38 Phased Approach: Flush cut Group 1, then have Commission do a site visit to assess view/stability/wildlife habitat before any more pruning is allowed. At this site visit the Commission will decide how to proceed based on the findings to create view corridor, 39 remove cut trees from the 100' Buffer Zone.
SO VOTED UNANIMOUSLY.
7:56 P.M. Notice of Intent filed by James McDermott, 33 Cranberry Lane,
Map 13, Parcel 063.
Chairman Murley announced this hearing for a proposal to nourish the toe of the Coastal Bank with approximately 150-200 cubic yards of sand.
Mr. & Mrs. McDermott were present and Mr. McDermott explained that their site was hit pretty hard by the January 12th storm and explained his proposal to the Commission.
The Commission reviewed photos of the site. Deputy Usowski told the McDermotts that Anchor Marine’s request for a sand-drift fence had been approved earlier in the meeting. She said the proposal is fairly straight forward. She said it is a Notice of Intent application because the Applicants have never had a sand nourishment order before this.
Chairman Murley said his only reservation is that the sand placed here should be of good quality and of compatible grain size.
There was no discussion and Chairman Murley closed this hearing. Mr. Collins MOVED and Mr. Smith SECONDED the Motion for approval with Order of Conditions 1-19, 20, 21, 22, 27, 29 beach grass, 30, 31, 34 keep it at specified level, 36.
SO VOTED UNANIMOUSLY.
8:10 P.M. Notice of Intent filed by Adam Symansky, 300 Silver Springs Beach Road, Map 04, Parcel 480.
Chairman Murley announced this hearing. Tim Klink of Coastal Land Design was present for the Applicant and explained the proposal to nourish the Toe of the Coastal Bank with approximately 500 cubic yards of sand.
There was discussion about the existing vegetation and how Mr. Klink intends to proceed with the nourishment. It was agreed that there has been quite a bit of additional erosion at the site over the last two weeks.
There were no questions or additional comments and Chairman Murley closed the hearing. Mr. Hoerle MOVED and Ms. Giovinazzo SECONDED the Motion for approval with Order of Conditions 1-19, 20, 21, 22, 27, 31, 34, 36.
SO VOTED UNANIMOUSLY.
8:20 P.M. Notice of Intent filed by Clinton Lynch, 13 & 15 Bayberry Lane,
Map 13, Parcels 149 & 150.
Chairman Murley announced this hearing. Jason Ellis of J.C. Ellis Design Co., Inc. was present for the Applicant and explained to the Commission that this application is for beach nourishment only and not for work on the sand-drift fence. He said this was inadvertently included in the job description. He said the area was undermined by the storms and the toe stones of the revetment are sticking out on the bottom. He said that he figured that they would need about 155 cubic yards of sand for nourishment. He said that John Martin would actually be doing the work.
Deputy Usowski asked Mr. Ellis how he calculated the nourishment amount. She said that no elevations are noted on the plan that was submitted so she has no way to calculate the amount of sand needed. Mr. Ellis showed her a approved plan he has for the Order of Conditions for the house and the septic system which shows the Top of the Bank at elevation 32'. He said if Deputy Usowski feels the amount should be more or less it can be adjusted. He said the existing revetment has never been nourished. Deputy Usowski requested that Mr. Ellis provide an accurate plan for this proposal including the elevations.
There was discussion about the nourishment becoming an annual requirement and Mr. Ellis said they have no problem with that. There was some additional discussion about the removal of debris.
Chairman Murley closed this hearing. Ms. Giovinazzo MOVED and Mr. Hoerle SECONDED the Motion to approve this proposal with Order of Conditions 1-18, 19, 20, 21, 22, 27, 31 155 cubic yards, 36, 39 this Order of Conditions is for the addition of sand only, 39 removal of small stone from base of revetment/beach and removal of wooden debris and shingles on face of the bank/rocks/Buffer Zone/beach.
SO VOTED UNANIMOUSLY.
8:35 P.M. Continuation of Hearing on Notice of Intent filed by Joseph C. &
Marie D. Clancy, 385 Candelwood Drive, Map 12, Parcel 232.
Chairman Murley announced this hearing and read a FAX from Matt Farrell of J.M. O’Reilly & Associates, Inc. requesting a continuance of this hearing until
27 April 2010.
Ms. Giovinazzo MOVED and Mr. LaBranche SECONDED the Motion to continue this hearing until 27 April 2010.
SO VOTED UNANIMOUSLY.
There was a short break at this time.
8:45 P.M. Administrative Reviews, Town of Eastham Department of Public Works.
Deputy Usowski presented several ARs to the Commissioners:
Smith Lane Culvert repair.
Mr. Hoerle MOVED and Ms. Giovinazzo SECONDED the Motion to ratify.
SO VOTED UNANIMOUSLY.
Thumpertown and South Sunken Meadow Beach parking lot repair.
Mr. Collins MOVED and Mr. Smith SECONDED the Motion to ratify.
SO VOTED UNANIMOUSLY.
Tree behind Information Booth on Route 6.
Mr. Hoerle MOVED and Mr. LaBranche SECONDED the Motion to ratify.
SO VOTED UNANIMOUSLY.
The Commissioners briefly discussed Ed Cestaro’s proposal for a new deck at the Diki property on Shurtleff Road. There was confusion about the correct address and it was decided to put it on the agenda for the next meeting.
Deputy Usowski told the Commissioners that she issued an Emergency Order to the Cape Cod National Seashore for removal of the damaged pedestrian/bike bridge over the marsh leading to Coast Guard Beach. She said they brought a trailer down the bike path and took the decking out piece by piece.
Chairman Murley asked Deputy Usowski to formally thank the Seashore for their continued cooperation in these matters.
Discussion followed about the CCNS filing an RDA for repair of the bridge.
There was some discussion about the Order of Conditions for Weinman, 40 Rogers Lane and amending the Amended Order.
Deputy Usowski told the Commission that she would be presenting an Administrative Review for Mr. Harris at the end of Dyer PrInce Road to install heavier posts for his private property signs. She said the signs have been being vandalized or knocked down. The Commissioners agreed that the Administrative Review process would be fine.
Deputy Usowski said she actually had the AR for Harris with her. Mr. Collins MOVED and Mr. LaBranche SECONDED the Motion to ratify the Administrative
Review.
SO VOTED UNANIMOUSLY.
Deputy Usowski gave the Commissioners an update on the Driscoll property on Harmes Way. She said she has had good conversations with the Driscolls over the past few months and the rocks will be gone by April 15th.
There was no further discussion and Mr. LaBranche MOVED to adjourn at approximately 9:30 P.M. Mr. Smith SECONDED the Motion.
SO VOTED UNANIMOUSLY.
Respectfully submitted.
Kay Stewart-Greeley, Clerk
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