EASTHAM CONSERVATION COMMISSION
8 June 2010
MINUTES
PRESENT: Glenn Collins, Sandra Larsen, Lorraine Giovinazzo, Steve LaBranche, Dennis Murley, David Hoerle, Steve Smith.
STAFF PRESENT: Deputy Natural Resource Officer Amy Usowski.
ALSO PRESENT: Barbara Sweetser, Michael Panaccione, Pat Martin, Jason Ellis of J.C. Ellis Design Co., Inc.
Chairman Murley opened the meeting at 7:00 P.M. and addressed the Minutes of 27 April & 11 May 2010. After a couple of minor corrections Mr. Smith MOVED approval of the Minutes of 27 April 2010. Mr. Collins SECONDED the Motion.
SO VOTED UNANIMOUSLY.
Mr. Hoerle MOVED approval of the Minutes of 11 May 2010 and Mr. Smith SECONDED the Motion.
SO VOTED UNANIMOUSLY.
7:03 P.M. Administrative Review, Simmel, 225 Sparrow Road, Map 04,
Parcel 190.
Deputy Usowski presented this AR for removal of overgrown trees and shrubs next to the house and removal of the vegetation from the driveway island. She said that everything is in the 100' Buffer.
Barbara Sweetser was present for this AR and explained that the house is for sale and the trees are right against, and brushing the house. She said that this makes entry into the house difficult and the vegetation in the island makes it almost impossible to turn around.
After brief discussion Ms. Giovinazzo MOVED and Mr. LaBranche SECONDED the Motion to ratify this AR.
SO VOTED UNANIMOUSLY.
7:15 P.M. Request for Determination of Applicability filed by Frederick W. Thomas, 1200 Herringbrook Road, Map 13, Parcel 079A.
Chairman Murley announced this hearing for a proposal to repair an existing dock on Bridge Pond.
Mr. Thomas’ daughter, Pat Martin, was present and explained the proposal to the Commissioners. She said the dock has been there since 1920 or so and is in need of repair. She said she wishes to replace the decking on the dock.
Deputy Usowski said this dock doesn’t have a Chapter 91 License even though it’s on a great pond because it was built long ago, before it was a requirement. She said if any major support work is going to be done a Chapter 91 License will be required. Deputy said the proposal seems to be pretty straight forward.
Mr. Collins thanked the applicant for coming before the Commission for approval for this work.
There was no further discussion and Chairman Murley closed the hearing.
Mr. Collins MOVED and Mr. Smith SECONDED the Motion for a negative Determination for Reason #3. Chairman Murley stipulated that non-treated wood be used for the repairs.
SO VOTED UNANIMOUSLY.
7:20 P.M. Administrative Review, Vanderkloot, 145 Shurtleff Road, Map 10, Parcel 239.
Deputy Usowski presented this AR for the cutting of Bittersweet within the 100' Buffer to the top of the Coastal Bank in order to free up the native plants. She said the applicant received permission for this work in the past and would like to continue to battle this invasive. She said everything will be done by hand and take off site for disposal.
Chairman Murley said that now would be a good time to suggest pulling it instead of cutting it. He said that proper disposal should be discussed with the applicant.
Mr. Hoerle MOVED and Ms. Giovinazzo SECONDED the Motion to ratify this AR.
SO VOTED UNANIMOUSLY.
7:24 P.M. Administrative Review, Strauss, 31 Martha Ave., Rear, Map 10,
Parcel 202.
Deputy Usowski presented this AR. She said that Seth Wilkinson is doing the invasive plant management at this site and the applicant would like to put in either split-rail fencing or posts with rope in between to direct foot traffic to the stairs and keep it off the vegetation.
There were no objections to this proposal. Mr. Smith MOVED and Mr. LaBranche SECONDED the Motion to ratify this AR.
THE VOTE WAS 6 IN FAVOR WITH ONE ABSTENTION.
7:30 P.M. Request for Determination of Applicability filed by Mollie & Rob Ostroski, 360 State Highway, Map 21, Parcel 081D.
Chairman Murley announced this hearing.
Mike Panaccione presented this proposal for a removable 3"-high, Cedar platform. He said there will be no excavation. He said the platform would be put down in the Summer and taken up in the Fall and stacked in the back yard.
Deputy Usowski said the area where the platform is proposed is directly off the house in a lawn area which is currently used for picnicking.
Discussion followed about what effect this would have on the grass in the area, and there being a dead spot after the platform is removed. It was agreed that a permanent platform, 6 - 7" high, framed and pinned in place might be a better alternative.
There was no further discussion and Chairman Murley closed this hearing. Mr. Smith MOVED and Mr. Hoerle SECONDED the Motion for a Negative Determination for Reason #3.
SO VOTED UNANIMOUSLY.
7:45 P.M. Request for Determination of Applicability filed by Jean Mitchell & Gregory De Lissovoy, 185 Mill Road, Map 15, Parcel 026.
Chairman Murley announced this hearing for a proposal to install an underground electric line from the house to the shed in the 100' Buffer to Depot pond; and to install underground irrigation in two locations in the Buffer Zone as well.
Jason Ellis of J.C. Ellis Design Co., Inc. was present for the applicants and explained this proposal.
Deputy Usowski asked Mr. Ellis if the applicants had looked at more drought tolerant grass species to avoid the underground irrigation. He said he didn’t know what else they have tried. He said that since they’re not here that often the irrigation system would be able to water when they’re not here.
Discussion followed about underground irrigation in the Buffer Zone. This is not a regulation but it is a Condition which is placed in an Order when a notice of Intent is filed. Deputy Usowski said the proof of negative impact to the resource area of the pond or no other alternatives with less impacts would need to be proven if the Commission were to say no irrigation.
Deputy Usowski showed photos of the site. Mr. Ellis said that the applicants feel that with an irrigation system they can regulate the water flow better and in a more environmentally sensitive way.
Ms. Larsen commented that she feels there is an enormous amount of grass at this property already and what the applicants are asking the Commission to allow is the promotion of more of the monoculture which is already there. She said she thinks that there are other types of vegetation which will grow there without an irrigation system. She said that something that is low-growing and indigenous would enhance the area.
Discussion followed about planting options and Mr. Hoerle said that he agrees with Ms. Larsen that to initiate an irrigation system to support a monoculture is counter-productive to the environment. Mr. Smith said he agreed with both Mr. Hoerle and Ms. Larsen and that Clover or some other ground cover will be green and will not restrict a vital area of the yard from their use. He suggested that Mr. Ellis propose some alternatives to his clients.
Mr. Ellis asked to withdraw the request for the irrigation and approve the installation of the electric line.
Chairman Murley closed this hearing and called for a Motion. Mr. Collins MOVED and Mr. Smith SECONDED the Motion for a Negative Determination for Reason #3 for the installation of the electric line.
SO VOTED UNANIMOUSLY.
8:20 P.M. Continuation of Hearing on Notice of Intent filed by Janet G. Coletti, 155 Sparrow Road, Map 04, Parcel 195.
Chairman Murley announced this hearing and read a letter from Coastal Engineering Co., Inc. requesting a continuance on this hearing until the meeting of 22 June 2010.
Mr. Smith MOVED and Mr. Hoerle SECONDED the Motion to continue this hearing until 22 June 2010.
SO VOTED UNANIMOUSLY.
Discussion followed about the use of benthic barriers for vegetation control on ponds, and also the possibility that hand pulling of vegetation might be less invasive than placing material in the pond.
Deputy Usowski brought up the issue that there have recently been four different applicants you have asked if the Commission can waive the requirement that a request for a Certificate of Compliance needs to be signed by the engineer who drew the plans for the project. She said that some of the projects which they are requesting this waiver for are big projects. She said she really hasn’t had the time to research the questions yet.
Mr. Collins said it might be a good question for Town Counsel.
8:33 P.M. At this time Mr. Smith MOVED to close the regular session to go into Executive Session to discuss potential litigation.
Mr. Murley - YES Mr. Collins - YES Ms. Giovinazzo - YES
Mr. Hoerle - YES Mr. LaBranche - YES
Mr. Smith - YES Ms. Larsen - YES
Respectfully submitted,
Kay Stewart-Greeley, Clerk
cc: Town Administrator
Town Clerk
Board of Selectmen
Building & Health
Planning Board
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