EASTHAM CONSERVATION COMMISSION
11 May 2010
MINUTES
PRESENT: Glenn Collins, Steve Smith, Sandra Larsen, Lorraine Giovinazzo, Steve LaBranche, Dennis Murley, David Hoerle.
STAFF PRESENT: Deputy Natural Resource Officer Amy Usowski.
ALSO PRESENT: Amy Martin, Tim Duket, John Driscoll, Beverly Adamkovic, Timothy Couto, Lynn Couto.
Chairman Murley opened the hearing at 7:00 P.M.
The Commissioners reviewed the Minutes of 13 April 2010 and after a minor correction, Ms. Giovinazzo MOVED and Mr. LaBranche SECONDED the Motion for approval.
SO VOTED UNANIMOUSLY.
7:03 P.M. Administrative Review, Wildcare, 10 Smith Lane, Map 20,
Parcel 125/126.
Timothy Couto presented this request, an Eagle Scout project to repair the
split-rail fence in the ACEC, re-paint the fence at the front of the property which is outside of Conservation Commission jurisdiction, and to remove the erosion control barrier from the ACEC that was from the construction of the aviary.
Commissioner Hoerle arrived at this time.
There were no questions or discussion relative to this proposal. Ms. Giovinazzo MOVED and Mr. LaBranche SECONDED the Motion to ratify this Administrative Review.
SO VOTED UNANIMOUSLY.
7:05 P.M. Administrative Review, Betsey Collins, 95 Herringbrook Road,
Map 17, Parcel 498.
Deputy Usowski presented this AR for permission to be able to remove a Pine tree at the right, back corner of the house and to remove a broken Pine at the top of the back yard. She said there is also an overturned Pine in the back yard and the applicant would like to remove the limbs of this tree and leave the trunk and root systems.
Mr. LaBranche asked if Ms. Collins intended to replant the area where the tree is removed, and after some discussion it was decided that Deputy Usowski speak with Ms. Collins about re-planting the area with some Bayberry, and that she ask Ms. Collins to move the propane tanks.
Ms. Giovinazzo MOVED and Mr. LaBranche SECONDED the Motion to ratify this AR.
SO VOTED UNANIMOUSLY.
7:09 P.M. Administrative Review, Kenealy-Nies, 65 Cove Road, Map 18,
Parcel 049A.
Deputy Usowski presented this request for permission to remove three trees, two of which are already down on the Coastal Bank and one Cedar that is still standing but split. This is at the Top of the Coastal Bank. She said the applicants would like to re-plant with Bearberry and Beach Plum in the area where the bank as slumped. She showed photos of the site.
Chairman Murley said the Bearberry is a mistake for this particular site and Mr. LaBranche agreed. He said it is not quite stabile enough, doesn’t have enough holding power and cannot compete against invasives at all. They suggested planting Beach Plum, Bayberry, or Virginia Rose.
There was some discussion about how the trees would be removed from the area.
Ms. Giovinazzo MOVED and Mr. LaBranche SECONDED the Motion to ratify this Administrative Review.
SO VOTED UNANIMOUSLY.
7:15 P.M. Request for Determination of Applicability filed by Meint Olthof, 435 Herringbrook Road, Map 14, Parcel 003A.
Deputy Usowski told the Commission that Mr. Olthof wants to remove dead and dying trees within 100' of the Salt Marsh and re-plant the area with ten Eastern Red Cedars. She said that some of the dead trees will be left for habitat and the tree removal will not benefit anyone as far as a view is concerned, so this is not for a vista. She said that Mr. Olthof could not be at the meeting so she will try to answer any questions.
Chairman Murley said he thinks the trees are European Red Pines and they are getting some sort of root disease and are disappearing all over the place. He said that this was one of the most ill conceived planting practices and almost all of the state parks planted them as the tree that was going to save the eastern forest and now this is happening sixty years later. He said he has no problem with the removal.
There was discussion about what size trees should be planted, after which Ms. Giovinazzo MOVED a Negative Determination for Reason #3 and Mr. Hoerle SECONDED the Motion.
SO VOTED UNANIMOUSLY.
Mr. Hoerle spoke about the plight of the Monarch Butterfly and how 50% of the population had been wiped out in storms in Mexico. He suggested planting Milkweed for them to propagate. Chairman Murley said Common Milkweed is extremely tough to get growing, but Swamp Milkweed which grows very well in upland situations is very easy to grow.
Mr. Murley said that the Audubon has a Hawk watch going on at Pilgrim Heights and if it is fair weather, particularly with a southwest wind it is a most unique Hawk watch. He said that they do not like to fly over open water so if they make a mistake, they fly to the West End rotary and turn around and come back again. He said that 350 birds of prey were spotted last Saturday. He said he was there for a while and Bald Eagles were flying by twenty feet high and a Sand Hill Crane which is very unusual was spotted and there had to be ten different species of Hawks: Peregrine Falcon, Merlin, Cooper’s Hawks, Turkey Vultures; and Bald Eagles.
7:30 P.M. Request for Determination of Applicability filed by Clara Benson L.T., 230 Corliss Road, Map 18, Parcel 004
Chairman Murley announced this hearing. Judy Bersin from Ryder & Wilcox was present for the applicant and explained the proposal to install a septic system to serve an existing single-family dwelling, including the pumping and abandonment of the existing cesspool and leaching pit within the 100' Buffer to a Bordering Vegetated Wetland. There are two wetlands nearby, one in the southwest portion of the lot closer to the well, and a small freshwater wetland across the street to the east. She said the system hasn’t failed and this is a voluntary upgrade because they think it’s time to do it. She said that the wetlands are perched so there is really no way that leaching effluent could get to them.
Deputy Usowski said she didn’t really have any questions about this proposal. She said it is taking place in a lawn area and they will not have to take down and vegetation to get to it.
There was some discussion about what type of equipment would be needed to abandon the cesspool and the access for the job.
there was no further discussion and Chairman Murley closed this hearing. Mr. Hoerle MOVED and Ms. Giovinazzo SECONDED the Motion for a Negative Determination for Reason #3.
SO VOTED UNANIMOUSLY.
7:45 P.M. Continuation of Hearing on Notice of Intent filed by John M. Driscoll, Harm’s Way, Map 01, Parcel 112.
Chairman Murley announced this hearing and then recused himself. Mr. Driscoll was present.
There was discussion about what materials should be used for the road repair.
Mr. Driscoll said that Audubon had been properly notified at it’s Lincoln address. Deputy Usowski said she heard, informally, that Audubon had no comments about this proposal. She said she has heard from natural Heritage and Eastham Conservation Foundation.
Mr. Driscoll said that Audubon does not want the road crowned. He said they want it to puddle so that the water is absorbed into the road and does not run off.
There was no further discussion and Vice-Chairman Hoerle closed this hearing. Ms. Giovinazzo MOVED and Mr. LaBranche SECONDED the Motion to approve this project with Order of Conditions 1-18, 19, 20, 21, 22 not to exceed the existing road layout, 26, 27, 34 that the applicant shall extend this Order of Conditions every three years. No Certificate of Compliance is necessary and new clean fill material is allowed should holes appear in the road, 38 that the material used to fill the holes in the road is to be clean, coarse sand screened at 3/4" mesh. No hardening or gravel or other material may be used. The road is not to be bermed and the elevation is not to go higher than the existing edges. No material is to go beyond the road layout into the marsh.
SO VOTED UNANIMOUSLY.
Chairman Murley came back to the hearing room at this time.
7:57 P.M. Administrative Reviews, Town of Eastham DPW, Cooks Brook Beach, Map 04, Parcel 200, Campground Beach, Map 07, Parcel 143A, South Sunken Meadow Beach Map 01, Parcel 097A and Hemenway Landing, Map 15, Parcel 118.
Neil Andres, DPW Superintendent, was present to explain these proposals. He said that it was a tough Winter and about 4' was lost from South Sunken Meadow, Cooks Brook and Campground Beach parking lots. He said he would first place native hardener and then 2" of asphalt concrete to match the existing parking lot, re-strip it and be back in business. He said that unless anyone has another solution they would just like to get the parking lots prepared for the Summer season. He told the Commission about a University of New Hampshire Storm Water Center study showing that there is no residual harmful runoff from the asphalt used today. He said the area is about 240 square yards which would be about 27 tons of mix which is about a dump trailer load.
Deputy Usowski told Mr. Andres that the Commission had approved the removal of the greenhouse and shed from Hemenway at the last meeting and asked what the proposal was for that lot. He said they were proposing to use hot mix for that as well as the lot was damaged from utilities and pipes etc.
Chairman Murley commented that sometimes the materials ON the asphalt, i.e. gas, oil, dead animals, etc., are worse than the asphalt itself.
There was some discussion about the use of pervious concrete and the pros and cons of same. Superintendent Andres said there are a lot of new technologies which they will be looking at for future use.
Ms. Larsen said she had more concern about Hemenway Landing because of the slope toward the water etc. Mr. Andres said that the whole Hemenway Road is in need of repair and he can foresee perhaps something like a retention basin being installed for runoff.
There was no further discussion.
Mr. LaBranche MOVED and Mr. Hoerle SECONDED the Motion to ratify the AR for Cooks Brook Beach parking lot.
SO VOTED UNANIMOUSLY.
Mr. Hoerle MOVED and Mr. LaBranche SECONDED the Motion to ratify the AR for Campground Beach parking lot.
SO VOTED UNANIMOUSLY.
Mr. Hoerle MOVED and Mr. Collins SECONDED the Motion to ratify the AR for South Sunken Meadow Beach parking lot.
SO VOTED UNANIMOUSLY.
Mr. Hoerle MOVED and Mr. LaBranche SECONDED the Motion to ratify the AR for Hemenway Landing parking lot.
THE VOTE WAS 6 IN FAVOR 1 AGAINST. MOTION CARRIED.
8:15 P.M. Request for Certificate of Compliance, Catherine Campbell,
DEP SE 19-1217, 785 State Highway, Map 21, Parcel 029.
Deputy Usowski reviewed this project for the installation of a water line and individual water services, re-grading portions of the driveway, and mowing a 4'-wide bike path.
Tim Brady of East Cape Engineering, Inc. was present along with some of the owners of the condominiums. He said that this request was prompted because one unit outside the Buffer Zone is being sold and as part of that their attorney wanted to make sure that there are no encumbrances on the unit. He said the re-grading was done as approved and the water line was installed in compliance; but, the path which goes out to South Eastham Street in the southwest corner of the property is not in the originally-proposed location. He said that this location was chosen because it was the simplest area to construct it in and it comes out where it was supposed to. He said that he met with Deputy Usowski at the site and they didn’t feel that the actual location of the path would have any more impact than the
location which was approved.
Deputy Usowski that the type of vegetation where the path was originally approved seems to be similar to where the path was actually placed. She said the approved plan is rather ambiguous in that it states “to adjust actual location of the path onsite during the mowing to minimize impacts”. She said that removal of vegetation and the stockpiling needs the approval of the Conservation Commission and no material should be stockpiled within the Buffer Zone.
Mr. Murley said that the tree limbs he saw on his site visit are from upland species and he did not see any trimming that had been done in the wetland. He said he did not see any recent cutting in the resource area. He said that if the storage pile doesn’t get any bigger than that he doesn’t see it as a long-term problem if it’s removed after the Winter season.
He said he has a little bit of a problem with the path placement as the language on the approved plan was not for the specific location of the path but to minimize the cutting of trees and the disturbance to the area, not the actual path placement. He said that now that it is in it’s present location it would cause more disturbance to cut another path and it does not make sense. He said the path is in, it is stable, and it is not being overly trimmed from either side. He said that if future Blueberry management is part of this there should be some further discussion about it so that everyone is “on the same page” and there isn’t a dramatic altering of the wetlands.
Mr. Brady said that it states in the Order of Conditions that maintenance of the blueberries and control of the invasives is allowed. Deputy Usowski said there is a chemical and fertilizer conditions in the Order as well. Mr. Murley said he did not see a lot of invasives in there. He said he has no problem with what’s been done up til now and he just wants to make sure that something doesn’t change drastically.
There was no further discussion and Mr. Collins MOVED to grant a Certificate of Compliance for DEP SE 19-1217. Mr. Smith SECONDED the Motion.
SO VOTED UNANIMOUSLY.
Deputy Usowski reminded the Commissioners that a member really needs to be designated as liaison to the Community Preservation Committee. Commissioner Collins described his experience as the current designee. Deputy Usowski said that a decision should be made at the next meeting.
There was no further discussion. Mr. LaBranche MOVED to adjourn at approximately 9:35 P.M. Ms. Giovinazzo SECONDED the Motion.
SO VOTED UNANIMOUSLY.
Respectfully submitted.
Kay Stewart-Greeley, Clerk
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