EASTHAM CONSERVATION COMMISSION
27 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 McKendree, Victor Coletti, Jay Norton of Coastal Engineering Co., Inc., Matt Farrell of J.M. O’Reilly Associates, Inc., Lisa Panaccione, John Driscoll.
Vice-Chairman Hoerle opened the meeting at 7:00 P.M.
After review and one minor correction, Ms. Giovinazzo MOVED and Mr. LaBranche SECONDED the motion to approve the Minutes of 23 March 2010.
SO VOTED UNANIMOUSLY.
7:03 P.M. Administrative Review - Eastham Conservation Foundation, 24 White Pines Drive, Map 20, Parcel 108H and Map 17, Parcel 772.
Deputy Usowski explained this AR. The applicant is proposing removal of one deceased Pine and stabilizing additional “leaner” trees adjacent to the abutter and within 100' of a Borrow Pit for an abandoned Cranberry bog and Bordering Vegetated Wetland. There was discussion about the removal of the crown of another tree also. The Commission was OK with this.
Ms. Giovinazzo MOVED and Mr. Smith SECONDED the Motion to ratify this Administrative Review.
SO VOTED UNANIMOUSLY.
7:07 P.M. Administrative Review - Henry Lind, 40 Homestead Road, Map 15, Parcel 186.
Deputy Usowski presented this AR. The applicant is proposing topping of a deceased Pine within the 100' Buffer to Muddy Pond. The remaining ten feet will remain as snag and the slash will be removed.
Ms. Giovinazzo MOVED and Mr. LaBranche SECONDED the Motion to ratify this AR.
SO VOTED UNANIMOUSLY.
7:09 P.M. Administrative Reviews - Town of Eastham Beach Parking Lots - South Sunken Meadow, Cooks Brook, Campground, and Hemenway Landing.
Deputy Usowski distributed the protocol for the repair of beach parking lots. She said the plan is to restore the lots to the condition prior to the 2009-2010 Winter with asphalt. She said they would like to replace in kind what was there previously. She said they would like to replace the creosote coated poles which used to mark the edges of the lots with untreated split-rail fencing and Mr. Andres asked how the Commission felt about that.
There was some discussion about the protocol and the use of hardening. Mr. Collins said he didn’t feel the use of hardening was appropriate.
Chairman Murley arrived at this time. Deputy Usowski brought Mr. Murley up to speed about the ongoing discussion.
7:15 P.M. Continuation of Hearing on Notice of Intent filed by Joseph C. & Marie D. Clancy, 385 Candlewood Drive, Map 12, Parcel 232.
Chairman Murley announced this hearing. Matt Farrell from J.M. O’Reilly & Associates was present for the applicants. Mr. Farrell reviewed the proposal which he said had been revised from an asphalt driveway to a concrete driveway with a drainage trench as well as a vegetated swale behind it to catch runoff. He said that all pipes that are currently discharging down the slope will be directed into drywells.
Deputy Usowski had some concerns about the grade and the runoff. Mr. Farrell said the position of the drainage trench was revised because of recommendations from the Board of Health. Mr. Farrell said they could add a little berm along the driveway although he feels that the runoff will be adequately protected by the trench construction; but, a berm certainly could be added.
There was discussion about stockpiling the existing driveway and Mr. Farrell said it would be excavated and taken off site. He said that nothing should be stored on site and if so it will be outside the 100' Buffer.
Ms. Giovinazzo said the Commission appreciates the change from asphalt to concrete. Chairman Murley told Mr. Farrell that there is at least one person who can hand drill for a well and the applicants might consider doing this.
The Commissioners had no further questions and there were no questions or comments from the floor. Chairman Murley closed the hearing and asked for a motion.
Ms. Giovinazzo MOVED approval with Order of Conditions 1-18, 19, 20, 21, 22 a new plan shall be submitted showing access to the well to be via the front of the property, 23, 24 poured concrete, 26, 27, 28, 29, 33, 37 along the 42' contour, and 38 that a small 6" high earthen berm shall be installed going from the stone wall to the leaching trench. Mr. Hoerle SECONDED the Motion.
SO VOTED UNANIMOUSLY.
7:30 P.M. Request for Amended Order of Conditions filed by Peter and Joyce Weinman, DEP SE 19-1334.
Chairman Murley announced this hearing. Mr. LaBranche recused himself.
Peter of Ponderosa Landscaping explained that the Weinmans wanted to revert to the originally-approved plan by Wilkinson Ecological Design.
Deputy Usowski said this amendment is needed if the applicants wish to return to the original plan. She said that the erosion-control barriers on the property are failing and should be fixed immediately. She said the applicants should be encouraged to plant everything as soon as possible and that the line for the previously-approved driveway be re-established and the disturbed area revegetated. Deputy Usowski said that the planting closer to the marsh are more important and should be done first.
Chairman Murley said that planting plans are often an integral part of approval for a project and at the least, the areas toward the Town cove in front of the “No Mow” Zone should be established as soon as possible. Deputy Usowski said there is a Land management Plan for this site and she would like to know how much has been done to date.
There was some discussion about the storage of the dock for this property and Deputy Usowski said she would review the previous filing for details.
There were no further questions about the current request and no comments or questions from the floor. Chairman Murley closed this hearing and requested motion.
Mr. Hoerle MOVED and Ms. Giovinazzo SECONDED the Motion to amend Order of Conditions SE 19-1334 to show that the plan of record now becomes the originally-approved plan by Wilkinson Ecological Design dated 1/07/09.
SO VOTED UNANIMOUSLY.
Commissioner LaBranche rejoined the meeting.
7:50 P.M. Notice of Intent filed by Janet G. Coletti, 155 Sparrow Road, Map 04, Parcel 195.
Chairman Murley announced this hearing. Jay Norton of Coastal Engineering Co., Inc. was present for the applicant and Victor Coletti was in the audience. Mr. Norton explained the proposal to raise the elevation of the revetment to the Flood Zone elevation of 17'. He said that the elevation now is at 12'. He said they would like to extend the return of the revetment at a distance of 27' because there is a substantial amount of end scour happening. They would like to fill in above the revetment and plant it and continue to nourish annually. He said that the Colettis have maintained the shorefront very well. He said they have met their Performance Standards for nourishing every year and are placing 25 cubic yards of sand annually.
Chairman Murley asked if the beach association to the South had been notified of this project. Mr. Norton said they had been notified as abutters, but not by a specific call. Chairman Murley said he feels they are an active association would want to weigh in and comment on the effects of this proposal. He said that no work could be done on this project until late October and he thinks the association should be part of the process or they should be informed of the project at the annual association meeting. He said he thinks they should be included in the discussion process.
Deputy Usowski reiterated that the association needs to be notified as a body so that all the members will be aware of this proposal. She went on to say that DEP classifies this area as a dune and a dune cannot really be revetted so the Commission will need to make a decision whether to allowing building on an existing structure. She asked Mr. Norton if he had found out about a Chapter 91 License since the base of the revetment is now at Mean High Water.
Mr. Norton said that originally it was not at Mean High Water but since the beach has dropped it is now subject to a Chapter 91 License. He said they are not able to obtain a Chapter 91 License until an Order of Conditions is issued, so this is on hold.
There was some further discussion about whether or not this is a dune and Deputy Usowski said that the Conservation Commission will need some proof of the classification. Deputy Usowski told Mr. Norton that the nourishment amount would change since the length and height of the revetment will be increasing.
There was some discussion about the Top of Bank delineation and Mr. Norton said that it is the top of the revetment. This would mean that the applicant is proposing a revetment past the Top of the Coastal Bank, if indeed it is a bank.
Chairman Murley said it might be helpful to request that Greg Berman, the Coastal Specialist, review this proposal.
Mr. Colletti spoke from the floor saying that there had been a problem with another property where the revetment extended onto the association beach and he certainly did not want this to happen.
Mr. Norton asked if any of the Commissioners had a problem with the height of the extension. Chairman Murley said that it is his opinion that the Commission tries to balance the needs of the upland landowner vs the public right and wildlife. He said these revetments were not meant to stop the 100-year storm but maybe the 10/20 year storms. He said it is not a precise science so it would be below the 100-year storm level.
There was further discussion about the site and the exact location of the Top of the Coastal Bank. Mr. Colletti said the top of the wall on the other side of the association beach is at elevation 17'. He said he has lost sand from the top of the wall on four different occasions since 2002 and the water overtops it on every moon tide.
Chairman Murley said there are other alternatives to putting rock to a higher elevation and if this is deemed a dune that is probably what will wind up being allowed - sand bags or something of that nature.
There was some discussion about the possibility of joining the revetment of the association with the Colletti revetment.
Ultimately, Mr. Norton requested an indefinite continuation of this hearing. Continuing indefinitely will allow time for the applicant and the Commission to gather needed information.
Ms. Giovinazzo MOVED and Mr. LaBranche SECONDED the Motion to continue this hearing indefinitely.
SO VOTED UNANIMOUSLY.
Chairman Murley recused himself from the next hearing. Before leaving he let Mr. Driscoll, the applicant for the next hearing, that his abutter notification to
MA Audubon Society needs to be mailed to the main office in Needham, not the Wellfleet office, so officially the Audubon has not received notification, and no action can be taken on the proposal at this time.
8:26 P.M. Notice of Intent filed by John M. Driscoll, harms Way, Map 10, Parcel 112.
Vice-Chairman Hoerle announced this hearing. Mr. Driscoll was present and explained that Harms Way is full of pot holes and needs to be filled. He said they had an Order of Conditions previously and nothing has changed with this proposal. He said it will remain within the road layout and stay exactly the same.
Deputy Usowski said that the old Order allowed for stone dust or hardening but she would suggest that there be no hardening used this close to the marsh and only sand be used. She said she had spoken with the Eastham Conservation foundation and they have no problem with the proposal.
Ms. Giovinazzo MOVED and Mr. LaBranche SECONDED the Motion to continue this hearing until 11 May 2010 due to improper abutter notification.
SO VOTED UNANIMOUSLY.
Chairman Murley returned to the hearing room at this time.
8:35 P.M. Request for Determination Applicability filed by Karst Hoogeboom and Lauren McKean, Cape Cod National Seashore, coastal wetlands of Nauset Bay west of the former Coast Guard Station, Map 24, Parcel 030, and Map 25, Parcel 030.
Chairman Murley announced this hearing. He reminded the Commissioners that this proposal had been handled under an Administrative Review at the previous meeting. Chairman Murley closed this hearing.
8:40 P.M. Request for Certificate of Compliance, David Goldman,
DEP SE 19-1058, 390 Goody Hallet Drive, Map 20, Parcel 027.
Deputy Usowski reviewed this matter. The Order of Conditions was for the upgrade of a septic system, installation of a new well, and construction of an extension to an existing deck within th 100' Buffer zone to the top of the Coastal Bank and the Salt Marsh. She said an “As Built” plan was submitted by the engineer and the proposed deck extension was never completed. She said that all the disturbed areas related to the septic and the well have been revegetated.
Ms. Giovinazzo MOVED and Mr. Hoerle SECONDED the Motion to grant a Certificate of Compliance for DEP SE 19-1058.
SO VOTED UNANIMOUSLY.
8:43 P.M. Administrative Review, Eastham DPW, Hemenway Landing, Map 15, Parcel 118.
Deputy Usowski presented this Administrative Review for the proposal to remove the existing greenhouse, shed, and piping from Hemenway Landing and to restore the parking lot. The shed is on the Top of the Coastal Bank. It would be removed and the area would be allowed to revegetate. The piping which ran into the water has been cut off and it would be removed. She said she is not sure of the details of restoring the parking lot to pre-greenhouse conditions; but, if the Commission wants more information she said she will ask about it.
Chairman Murley said he thinks that the greenhouse was just set over the existing parking lot when it was erected.
Lisa Panaccione spoke from the floor. She said she had attended the Recreation Department meeting recently and they were speaking about having parking spaces where the greenhouse is now and she said she thinks they are under the impression that the original surface is still there and that the greenhouse was erected over it.
Deputy Usowski said she doesn’t know whether there is any paving included in this proposal. Ms. Giovinazzo said that if the Conservation Commission is requiring private individuals to use something other than blacktop she doesn’t feel that the Town should be allowed to do so.
Ms. Larsen said she thinks there are some really good alternatives to asphalt and she would like to know exactly what the plan is as she feels that there is definitely a stormwater issue at Hemenway.
Deputy Usowski asked if the Commission would entertain approving the removal of the structures and leaving the paving issue until another time. She said she would like the DPW Superintendent to speak with the Commission.
Ms. Giovinazzo MOVED and Mr. Hoerle SECONDED the Motion to approve this Administrative Review for all except any re-paving.
SO VOTED UNANIMOUSLY.
It was decided to table the other ARs for beach parking lots until additional information is received.
Deputy Usowski told the Commission that the Nies property at 65 Cove Road experienced some slumping of the vegetation. She said there is an open Order of Conditions for this site and asked the Commission if they would entertain an Administrative Review for planting. She said the Mr. Nies is in the process of getting some specifications for planting.
Chairman Murley said that since there is an open Order for this project that he would recommend going with the easiest process to get the planting done.
Deputy Usowski said Mr. Nies will be submitting an AR for removal of some trees which came down. She said that normally she would just want them to be left there but they are crushing native vegetation and she feels they should be removed.
Deputy Usowski said that Mr. Micelli, who also lives on Cove Road, contacted her because he needs to replace his lower driveway which is within the 50-100' Buffer. She said it’s asphalt now and he wants to replace it with asphalt. She said there will be no change in the footprint but she is not sure exactly how large an area needs to be replaced as she only spoke to him late in the afternoon.
Chairman Murley suggested that she continue the dialogue and determine exactly how much needs to be replaced and what he proposes to do.
There was no further discussion. Mr. Hoerle 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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