EASTHAM CONSERVATION COMMISSION
22 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: Jason Ellis of J.C. Ellis Design Co., Inc.
Chairman Murley opened the meeting at 7:00 P.M.
The Commissioners reviewed the Minutes of 25 May and 08 June 2010.
Mr. LaBranche MOVED approval of the Minutes of 25 May 2010 with one correction. Mr. Hoerle SECONDED the Motion.
SO VOTED UNANIMOUSLY.
Mr. Hoerle MOVED and Mr. LaBranche SECONDED the Motion to approve the Minutes of 08 June 2010.
SO VOTED UNANIMOUSLY.
7:05 P.M. Administrative Review, Doris Marston, 5 Nycoma Way, Map 10, Parcel 324.
Deputy Usowski presented this AR for the installation of temporary snow fencing to keep people away from the dune.
Chairman Murley said that the applicant could leave the snow fencing in place all year if she chooses.
Mr. Hoerle MOVED to ratify this AR. Mr. Smith SECONDED the Motion.
SO VOTED UNANIMOUSLY.
7:09 P.M. Administrative Review, Christopher O’Brien, 85 Bay View Drive,
Map 13, Parcel 012.
Deputy Usowski presented this AR for the placement of a snow fence behind the remaining sand-drift fence to keep people of the dune area.
Mr. LaBranche said he knows that Mr. O’Brien wants to install a sand-drift fence in the Fall, as he had missed the cut-off time in the Spring.
Mr. Hoerle MOVED and Mr. Smith SECONDED the Motion to ratify this AR.
SO VOTED UNANIMOUSLY.
7:11 P.M. Administrative Review, Natalie Miller, 1000 Samoset Road, Map 14,
Parcel 072.
Deputy Usowski presented this AR for the removal of four Pitch Pines within 100' of Widow Harding Pond and showed the Commissioners photos of the property. She said the applicants would be coming to the Commission in the future with a proposal for vista pruning.
Chairman Murley said there looks like there might be a little cluster of the pitch pine beetle and if they are losing a couple of trees a year it might be better if they took the dead trees down and remove them from the property.
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 William & Elizabeth Hurley, 120 Huckleberry Lane & 720 Shurtleff Road, Map 07,
Parcel 346 & 326.
Chairman Murley announced this hearing. Jason Ellis was present for the applicants and explained the proposal to install a septic system and well at this property in land subject to flooding. He said that all the proposed work is actually outside the Buffer Zone but a majority of the lot is within the Flood Zone.
Deputy Usowski said this is an unusual proposal as it is not in the Buffer Zone and her only question would be how much clearing will need to be done to accomplish this project. Mr. Ellis said there will be some clearing on the Northerly lot line but the rest of the work area is pretty much lawn. He said that there is nothing under a correction order presently; but, if there were to be a septic inspection it would fail.
Mr. Collins MOVED and Mr. LaBranche SECONDED the Motion for a Negative Determination for Reason #3.
SO VOTED UNANIMOUSLY.
7:30 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 Company, Inc. requesting a continuation of this hearing until the meeting on 27 July 2010.
Deputy Usowski told the Commission that she had not yet been able to have Greg Berman, the Coastal Geologist, review this application. She told the Commissioners that if they had any questions they should let her know so she can relay them to the engineering firm.
Chairman Murley said he knows that one of the concerns is what is a Coastal Bank and what is a Coastal Dune and whether or not their association has been informed of the proposal.
Mr. Smith MOVED and Mr. LaBranche SECONDED the Motion to continue this hearing until 27 July 2010.
SO VOTED UNANIMOUSLY.
7:40 P.M. OLD BUSINESS
Request for Certificate of Compliance, Budarz DEP SE 19-1314, 420 Ireland Way, Map 17, Parcel 032.
Chairman Murley read a letter requesting a Certificate of Compliance for this Order of Conditions for the construction of a new garage/boat storage building within the Buffer Zone to a Bordering Vegetated Wetland and within the ACEC and Land Subject to Coastal Storm Flowage.
Deputy Usowski said that on her site visit she found that the split-rail fence was installed just as it should be and planted blueberries which are sprouting. She said she couldn’t find anything wrong with it, and it looked fully in compliance.
Steve Smith MOVED and Mr. Hoerle SECONDED the Motion to grant a Certificate of Compliance for DEP SE 19-1314.
SO VOTED UNANIMOUSLY.
Request for Extension Permit, Paine DEP SE 19-1235, 550 State Highway, Map 21, Parcel 076B-R.
Deputy Usowski reviewed this project for the removal of two existing cottages and a garage and construction of a new single-family dwelling with associated appurtenances within the Buffer Zone to a Coastal Bank and a vegetated wetland at the above property. She read a letter from Robert and Sheila Paine stating that they are continuing with the mitigation of invasive species on the property, that they will be replacing the deteriorating hay bales and hope to have most of the planting done by mid Summer. Deputy Usowski said she would like to know exactly what the continuing mitigation of invasive species will entail.
Mr. Collins said that the Commission took a lot of time to determine how to take care of the species and the time line etc. and he doesn’t think the plan has been followed. He said the hay bales have been deteriorated for months. He said the applicant needs to follow through and comply with the plan and he doesn’t think this plan has been complied with. He said he has a hard time granting an Extension Permit for someone who hasn’t followed the plan to date.
Deputy Usowski said the Order of Conditions doesn’t expire until the 3rd of July and since the request has been submitted before that date and the Commission can take more time to review it if they choose to.
Mr. Smith said he agrees completely with Mr. Collins and wanted to know if the Order of Conditions transfers to a new owner if the property is sold. He said that if an Extension Permit is granted it makes the property more sellable.
Chairman Murley suggested waiting to speak with the applicants about the process and how the Extension Permit will proceed.
The Commission agreed to hold the request until the next meeting and have the applicants present to explain how the next three years will proceed.
Mr. Smith suggested that the applicants’ landscapers are present for the discussion about how this project will proceed.
Request for Extension Permit, Maurice J. Boisvert(formerly Harry E. Hunt III),
Dep SE 19-1281, 80 & 82 Old State Highway, Map 20, Parcels 118B & 119.
Deputy Usowski presented this request for Ryder & Wilcox, Inc. This Order was granted for the management of phragmite and the re-vegetation using native, non-invasive plant species within 100' of a Coastal Bank, Salt Marsh, and on Land Subject to Coastal Storm Flowage. She said the Extension is requested to have additional time to finish the planting. She said she has not heard from Seth Wilkinson yet about exactly where they were at with regards to the restoration planting. She said they will be on the agenda for the next meeting for an Amended Order for repairs of an existing bulkhead and plant species changes.
She said that when she was at the site she couldn’t determine where in the time line they were at so she has requested a report from Seth Wilkinson.
It was agreed to hold action on this request until such time as the Commission can speak with the applicant and landscaper to determine where on the time line they are and what the plan is for the future.
Deputy Usowski told the Commission about a property on Mill Road where the owner has a Japanese Knotweed problem and wanted some advice from the Commission. She showed photos of the property and said she was going to have him file an Administrative Review just so there would be something on file.
She showed photos of another site at 30 Rogers Lane on Town Cove. She said the deck at the site was never permitted. She said it is right on the marsh. She said that a few posts are rotted and the owner wants to put sono tubes and replace the decking and stairs. She said she gave him a Notice of Intent application. Deputy Usowski said there is no record of it and the site plan for the dock at the property shows no deck and that was in 1991.
Chairman Murley suggested that Deputy Usowski call DEP in Lakeville to ask how she should proceed in this instance.
Mr. Smith said he saw planting of shrubbery happening at the Adao property on the 18th or 19th.
There was no further business and Mr. LaBranche MOVED to adjourn at 8:05 P.M. Mr. Smith SECONDED the Motion.
SO VOTED UNANIMOUSLY.
Respectfully submitted,
Kay Stewart-Greeley, Clerk
cc: Town Administrator Building & Health
Town Clerk Planning Board
Board of Selectmen Library
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