EASTHAM CONSERVATION COMMISSION
13 April 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: Peter Markunas of Woods Hole Group, Ellen Scott.
Chairman Murley opened the meeting at 7:00 P.M.
The Minutes of 23 February and 09 March were reviewed. Ms. Giovinazzo MOVED approval of the Minutes of 23 February 2010 as submitted and Mr. Hoerle SECONDED the Motion.
SO VOTED UNANIMOUSLY.
Ms. Giovinazzo MOVED and Mr. LaBranche SECONDED the Motion to approve the Minutes of 09 March 2010 as submitted.
SO VOTED UNANIMOUSLY.
Deputy Usowski asked the Commissioners if they had any comments on the
re-construction of the Nauset Light Beach stairs. She said the Seashore is going to
re-locate them to the South of the existing stairway. She said the Town gave them the construction protocol used for the Thumpertown stairs which withstood all the storms this year. She said if there were any comments she could relay them to Lauren McKean, the CCNS Planner.
Deputy Usowski said she spoke with Ms. McKean about the work on the bike/walking bridge over the marsh. She said they would not have to replace any of the footings and would only need to replace the decking. She said she feels that this work can be done under an Administrative Review process. She said they will work from the land or from a boat and there will be no new disturbance. She said they are planning to do the work in May.
The Commission was in agreement. Mr. Hoerle MOVED and Ms. Giovinazzo SECONDED the Motion to ratify this Administrative Review.
SO VOTED UNANIMOUSLY.
7:06 P.M. Administrative Review, Charles DeNagy for Whispering Pines Association, 2225-2195 State Highway, Muddy Pond, Map 15, Parcel 097B.
Deputy Usowski explained Mr. DeNagy’s request to be able to cut down a leaning dead Pine tree and plant a new native tree within 100' of Muddy Pond. She said they have lost several trees over the past couple of years and she suggested that they start re-planting a tree for every one they lose. She said they have already re-planted with some Pitch Pines and Cedars. Chairman Murley suggested that they might consider planting White Pines.
Mr. Collins MOVED and Mr. Smith SECONDED the Motion to ratify this Administrative Review.
SO VOTED UNANIMOUSLY.
Chairman Murley said he would announce the first two hearings together and discuss them as one project since they are abutting properties.
7:15 P.M. Notice of Intent filed by Paul Pazniokas & Phyllis A. Mondelli, 50 Bay Shore Lane, Map 13, Parcel 136E; and, Notice of Intent filed by Bay Shore lane Association Trust, 55 Bay Shore lane, Map 13, Parcel 136J.
Chairman Murley announced these hearings for the proposal of stabilization of the base of a Coastal Bank by bioengineered solution utilizing sand-filled coir envelopes and fiber rolls, maintenance of existing drift fencing along with sacrificial sand mitigation at the above properties.
Peter Markunas of Woods Hole Group, Inc. was present for the applicants and explained the proposals to the Commission. He said that the property was issued an Order of Conditions for drift fencing and bank replenishment in 2007,and since then it has been getting attacked, and was severely attacked this Winter.
Deputy Usowski said that on each side of these properties they have some form of erosion control and as a result these properties have suffered. She said that she has some concern with the PVC-bonded, wire-encased, filter-fabric, sand-filled envelopes on the bottom. She said that this property doesn’t really qualify for a hard solution and this seems like a highly-engineered soft solution and she wants to make sure this doesn’t go the way of a hard solution for this project.
Mr. Markunas said the wire is the same wire that is used on fiber rolls and has been permitted by the Commission on several other sites. He said the wire will not impact the way the waves react to it. He said the only purpose would be is additional protection for longevity purposes. He said the wave hitting the envelope with the wire will be the same as the wave hitting the envelope without the wire.
Deputy Usowski said that by using this solution where the Association walkway is not typically what the Conservation Commission has ever allowed on a property that does not have a house on it; but, on the other hand if they approved this for the property to the north there would be a ten-foot gap left and the stairway would be compromised on a continual basis.
There was some discussion about how Mr. Markunas arrived at his erosion rate. Deputy Usowski said there was only a small difference between his figure and what she figured and she had no problem with the addition of a larger amount of sand. Mr. Markunas said that by putting the sand on the structure your feeding the beach according to what a storm event gives you and if it is not lost and nourished annually you end up with that much more sand.
Chairman Murley commented that in the long term he does not want to see sand-drift fences that are going under at high tide or that the high tide hits. He said that sand-drift fences are meant to catch dry sand and if you don’t have the dry sand it will not function properly. He said he will suggest that the Order of Conditions contain a requirement that if the sand-drift fence becomes sub-tidal it shall be removed.
Maintenance was discussed and it was decided that if there is damage or failure of the structure, the Conservation Agent will determine if a new Notice of Intent is required.
There was some discussion about how the coir envelopes are constructed and the type of wire which is used, and discussion about any debris associated with this project being the responsibility of the homeowner.
There were no questions or comments from the floor.
Mr. Markunas explained that the pipe in front holds the coir bags in place in a horizontal direction. He said the property next door will have round timbers which, he explained, don’t split apart as easily under pressure. He said that the property just to the North of this one has the same type of coir bag installation. He said that ten-foot piles will be used to lessen the tendency for them to be torn up and become flotsam.
He said the posts will be Cedar and the rest of the fences will be non-treated timbers.
In the absence of any further comment, Chairman Murley closed the hearing.
It was agreed that the both properties would have the same Order of Conditions, except for the sand nourishment amounts.
Mr. Collins MOVED and Mr. Smith SECONDED the Motion to approve both projects with Order of Conditions 1-18, 19, 20, 21, 25 that all timbers of the sand-drift fence shall be un-treated, 26, 27, 29 American Beach Grass, 31 to be a total of 210 cy. per year which will be divided between the two properties, 33, 34 after some discussion it was agreed that if there is structural failure of the wall a new Notice of Intent will be required, 36, 38 that the beach will be cleaned of the timber at the base of the wall and behind the fence in the Spring 2010 to prevent damage of the structures to the North and South, 39 there shall be and on-site meeting with the contractor, Conservation Agent, and DPW Director before construction begins and upon completion of construction, 40 the sand-drift fence is to be removed if it
becomes sub-tidal, and 41 the homeowner is responsible for any marine debris associated with this project.
SO VOTED UNANIMOUSLY for Pazniokas & Mondelli, 50 Bayshore Lane, Map 13, Parcel 136E.
Mr. Collins the MOVED to vote the same Order of Conditions for Bay Shore Lane Association Trust, 55 Bay Shore Lane, Map 13,Parcel 136J. Mr. Hoerle SECONDED the Motion.
SO VOTED UNANIMOUSLY.
8:09 P.M. Notice of Intent filed by Joanne Scott, 59 Longstreet Lane, Cottage #5, Map 10, Parcel 343.
Chairman Murley announced this hearing tor a proposal for repair and ongoing maintenance of sand bag toe protection for the Coastal Bank, annual beach nourishment and erosion-control plantings as needed at the above-referenced property.
Ms. Scott was not present. Her brother and sister-in-law were in the audience to observe.
Deputy Usowski said she has spoken at length with Joanne Scott and has a good understanding of the proposal. She explained that they previously had an Order of Conditions which expired in September 2009, and to do any repair she needed to
re-file. She has been nourishing annually since the original Order of Conditions in l997 and would like to continue to do so ~and restore the bank to what it was when the project was originally approved in 1997. Deputy Usowski said some of the sand bags are starting to slump and the bank is starting to slump. She said it used to be more well vegetated above the bags but it has slumped a lot this year. She said that it is a few feet lower, the bags have slumped and some of them have burst, so it will basically be a re-do of what was originally approved. She said that on the plan that was approved in 1997 there is a sand-drift fence shown which is not there not ant that would help with the slumping.
Chairman Murley said the plan of record shows a sand-drift fence so that would still be allowed.
Deputy Usowski said she will need to check the current erosion rate for this property. Brief discussion followed about a condition for maintenance.
There was no further discussion and Chairman Murley closed this hearing.
Mr. Hoerle MOVED and Ms. Giovinazzo SECONDED the Motion to approve this project with Order of Conditions 1-18, 19, 20, 21, 25 slats and posts shall be untreated, 26, 27, 29 American Beach Grass, 31 122 cy., 34 in the event of damage to or failure of the sand bag system, the Conservation Agent shall determine if the filing of a new Notice of Intent is required, 36, 38 a sand-drift fence at the Toe of the Coastal Bank is permitted so long as it is above Mean High Water, 39 on-site meetings before construction and after construction is completed with the contractor, Conservation Agent, and DPW Director, 40 the contractor shall inform the Conservation Agent of the amount of fill needed to stabilize the slope above the bags before the fill is added.
SO VOTED UNANIMOUSLY.
8:25 P.M. Continuation of Hearing on Notice of Intent filed by Giovanni Cicero, 45 Bayview Road, Map 19, Parcel 015.
Chairman Murley announced this hearing. This proposal was for top trimming trees within the 100' Buffer to a Coastal Bank.
Deputy Usowski told the Commissioners that the Applicant has requested a continuance because there has been no response to date from Natural Heritage. She said she will be working with the Applicant on their application to Natural Heritage so the request is for a continuance to a date uncertain.
Mr. Hoerle MOVED and Ms. Giovinazzo SECONDED the Motion to continue this hearing until a date uncertain.
SO VOTED UNANIMOUSLY.
8:27 P.M. ADMINISTRATIVE REVIEW REQUESTS
Shelley Minsent, 650 State Highway, Map 21, Parcel 067.
Commissioner Collins removed himself from this review.
Deputy Usowski explained that this proposal is for the pruning of invasive vines within the 50-100' Buffer Zone to Nauset marsh and the removal of one of two dead, standing trees. She said the application wants to start getting the invasive species under control as they have taken over the property. She said there will be a long-term plan for their removal and they will be filing a Notice of Intent for the work, but for now the applicant would like to work in the 50+ area from the wetland to free up some of the native vegetation. Deputy Usowski said that the standing, dead trees are nowhere near the house and do not seem to be a hazard so she suggests that once the standing, dead trees are freed from the invasive vines, they be left standing for wildlife habitat.
After brief discussion about exactly what work will be done under this AR. Mr. Hoerle MOVED and Mr. LaBranche SECONDED the Motion to ratify this Administrative Review.
SO VOTED UNANIMOUSLY.
Commissioner Collins returned to the meeting room.
Russell Fulcher, 245 State Highway, Map 20, Parcel 127.
Deputy Usowski presented this request to remove a dilapidated shed in the rear of this property which is about 75' from the edge of the Wetland. She said that removal of the shed would be beneficial because not only is it a hazard, but removal of it will stop the storage of materials in the Buffer Zone. She said she has no problem with the removal of the shed, but what she does have a problem with is that it appears that it is Mr. Fulcher’s neighbor who is storing/dumping material within the jurisdiction of the Conservation Commission. She said she will speak with them about this.
There was some discussion about removing the shed completely off site and Deputy Usowski said she will tell Mr. Fulcher to do that.
Ms. Giovinazzo MOVED and Mr. Smith SECONDED the Motion to ratify this Administrative Review.
SO VOTED UNANIMOUSLY.
Ned Friedman, 45 Bay Shore Lane, Map 13, Parcel 136D.
Deputy Usowski told the Commissioners that Mr. Friedman wants to replace the
sand-drift fence which was lost in the storm. She said the posts are still there and can be re-used.
After brief discussion about staging and storage of materials, Mr. Smith MOVED and Ms. Giovinazzo SECONDED the Motion to ratify this Administrative Review.
SO VOTED UNANIMOUSLY.
Alice Webber, 1420 Samoset Road, Map 13, Parcel 221.
Deputy Usowski presented this proposal for the removal of four trees and a limb off another tree within 100' of a Coastal Bank. She said that Mrs. Webber want to remove them for a better view and also because she and her husband are elderly and have a hard time maintaining the yard. She said she explained the importance of some of these mature trees on the steep slope there and asked her about not removing so many trees (she originally had wanted to remove five trees) and she proposed the removal of the four and that she would plant shrubs on the bank in place of the trees.
Deputy Usowski said that if the Commission requires the Webbers to file a Notice of Intent she feels that they will drop the proposal, but she doesn’t feel comfortable with this proposal under an Administrative Review. She said some of these mature trees have great habitat value and she feel the negative impacts outweigh the positive impacts in this instance.
It was agreed that this proposal goes beyond an Administrative Review. Ms. Giovinazzo MOVED to DENY this proposal under an Administrative Review and Mr. Smith SECONDED the Motion.
SO VOTED UNANIMOUSLY.
8:45 P.M. Proposal for new policy regarding tree removal.
Deputy Usowski told the Commission that she would like them to entertain the idea of putting a limit on the number of trees (canopy cover) that can be removed within the Commission’s jurisdiction. She said there have been a number of proposals recently to remove numerous trees on a lot at one time. She said that this can negatively impact the habitat value of the sites. She said something she is seeing in other towns is putting a limit on the number of trees. She said that the Brewster Conservation Commission tries to keep at least 90% of the canopy cover. She said that this would change if it was a hazard tree or if the tree is dead, but for vista or for peak views, other towns have put a percentage limit on the number which an applicant can ask to be removed.
Chairman Murley said that he feels the Commission is already doing that to a certain degree, at least within the 50' Buffer. He said he would also like to see the rules of other towns.
Discussion followed about policy and wording and percentage, and Chairman Murley said he would rather not set a certain percentage. He said that in a lot of cases the Commission even tries to protect dead trees, and the aim is to protect 100% of the trees and then negotiate for individual trees. It was agreed that a policy such as this might open the avenue for more tree removal rather than less.
Deputy Usowski updated the Commissioners on the Coastal Wildlife Conference which she recently attended. She said it was a fantastic conference presented by Waquoit Bay Reserve.
Commissioner Collins reminded the Commissioners that his term on the Conservation Commission will be expiring and that he has also been the Conservation Commission liaison to the Community Preservation Committee and that position will be open. He told the Commissioners that it is a great group of people if anyone is interested in the position.
Deputy Usowski reported that plans for the North Sunken Meadow Salt Marsh restoration are moving forward and should be completed this Summer with hopeful groundbreaking in the Fall.
There was no further discussion 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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