EASTHAM CONSERVATION COMMISSION
27 July 2010
MINUTES
PRESENT: Sandra Larsen, Lorraine Giovinazzo, Steve LaBranche, David Hoerle, Steve Smith, new Commissioner Linda Haspel, new Commissioner Vivien Cook.
STAFF PRESENT: Deputy Natural Resource Officer Amy Usowski.
ALSO PRESENT: Seth Wilkinson of Wilkinson Ecological Design, Pamela Boisvert, Maurice Boisvert, David Lyttle of Ryder & Wilcox, Inc., Tim Brady of East Cape Engineering, Inc., Neil Andres, Eastham DPW Superintendent, Victor Coletti, Jay Norton of Coastal Engineering Company, Inc., Peter Kelligrew of Massasoit Hills Homeowners Association, Lou DiFinizio
Vice-Chairman Hoerle opened the meeting at 7:00 P.M.
Deputy Usowski introduced and welcomed the new Commission members, Vivien Cook and Linda Haspel.
Mr. Smith MOVED and Ms. Giovinazzo SECONDED the Motion to approve the Minutes of 22 June 2010 with one minor correction.
THE VOTE WAS 5 IN FAVOR WITH MS. HASPEL AND MS. COOK ABSTAINING.
MOTION CARRIED.
Administrative Review, Vanderkloot, 145 Shurtleff Road, Map 10, Parcel 239.
Request by Seth Wilkinson of Wilkinson Ecological Design to be able to include the manual removal of invasive species other than Bittersweet on Mrs. Vanderkloot’s property of 145 Shurtleff Road. The owner already has permission to manually remove the Bittersweet and would like to remove the Honeysuckle and Autumn Olive on the property as well. Seth Wilkinson was present to
represent the project. He asked to be able to bring a small piece of equipment into the 75-100' Buffer Zone to be able to remove the larger of the invasives that are closer to the road.
Mr. Smith MOVED and Mr. LaBranche SECONDED the Motion to amend the Administrative Review to include the manual removal of Honeysuckle and Autumn Olive along with the Bittersweet at this property.
Mr. Smith MOVED and Mr. LaBranche SECONDED the Motion to amend the AR for the manual removal of Honeysuckle and Autumn Olive along with the Bittersweet at this property.
SO VOTED UNANIMOUSLY.
7:15 P.M. Request for Amended Order of Conditions, Boisvert(formerly Hunt)
DEP SE 19-1281, 80 7 82 Old State Highway, Map 20, Parcels 118B & 119.
Mr. Hoerle announced this hearing. David A. Lyttle of Ryder & Wilcox, Inc. and Seth Wilkinson of Wilkinson Ecological Design were present for the applicants along with Mr. and Mrs. Boisvert. The proposal is to replace missing boards on the bulkhead, install filter fabric, fill with compatible bank material, grading and planting.
The current owner would also like an Extension Permit for the original Order of Conditions which was issued to Mr. Hunt in 2007, and need to receive an Extension Permit before an Amended Order is approved. The original Order was for the management of Phragmites and re-vegetation using native, non-invasive plant species within 100' of a Coastal Bank, Salt Marsh, and Land Subject to Coastal Storm Flowage.
The Commission had requested a letter fro Seth Wilkinson informing them of the status of the Vegetation Management Plan and that was received. According to Mr. Wilkinson’s report, the herbicide treatment has mostly been completed and only spot treatment may be needed.
Mr. Smith MOVED and Ms. Giovinazzo SECONDED the Motion to grant a three-year Extension Permit for Order of Conditions SE 19-1281.
SO VOTED UNANIMOUSLY.
There was discussion regarding what would be involved in the “repair” of the old wooden bulkhead and the Commission was told that only in some places were
new cross-pieces needed and nothing else. There would be no new excavation, and all work could be staged from upland areas. There was also some discussion regarding the new planting plan and the Commission was pleased with the new selection of plants and their proposed location.
Mr. Hoerle closed this hearing. Mr. Smith MOVED and Ms. Giovinazzo SECONDED the Motion to grant and Amended Order of Conditions for DEP SE 19-1281 with the plan of record to become plan entitled “Restoration Planting Plan Prepared for Maurice Boisvert, 80 and 82 Old State Highway, Eastham, MA” revised 5/24/10 Bulkhead Repairs, signed and stamped by D. Hoerle and David A. Lyttle; and Addendum to Plan entitled Restoration Planting Specifics for Boisvert Residence dated 5/24/10, signed and stamped by D. Hoerle and Seth Wilkinson of Wilkinson Ecological Design, Inc., 25 that no materials are to be stored in the wetlands, all debris is to be removed from the site, and no machinery is allowed in any wetland area, 26 that all fill shall be compatible with the material which is currently on site, 27
no herbicides shall be used as the Phragmites has been sufficiently managed and Conservation Commission approval is required for any future use of herbicides on the site, 28 that all lumber used for bulkhead repair is to be natural timber if possible or ACQ or MCQ if that is not possible.
SO VOTED UNANIMOUSLY.
7:30 P.M. Notice of Intent filed by the Estate of Marianne Simmel, 225 Sparrow Road, Map 04, Parcel 190.
Mr. Hoerle announced this hearing. Tim Brady of East Cape Engineering, Inc. presented this proposal to the Commission for the installation of a replacement well and the upgrade of an existing cesspool to a Title 5 sewage disposal system within the 100' Buffer Zone to a Coastal Bank.
Deputy Usowski asked if the applicant could put a work limit on the eastern side of the access to the proposed well as well, and Mr. Brady stated that could be done. The Commission stated that in general they were in favor of this project as it involves an upgrade of a cesspool to a Title V septic system.
Mr. Hoerle closed this hearing. Mr. LaBranche MOVED and Ms. Giovinazzo SECONDED the Motion for approval with Order of Conditions 1-18, 19, 20, 21, 22, 26, 27, 28, 29 beach grass near the leaching field, shrubs and grasses along the well access, 33.
SO VOTED UNANIMOUSLY.
7:45 P.M. Request for Determination of Applicability filed by the Town of Eastham, 600 Steele Road, Map 04, Parcel 200.
Mr. Hoerle announced this hearing. Neil Andres, DPW Superintendent was present for this hearing for the proposal to demolish the fire-damaged bath house and replace it in the same location with a pre-fabricated unit.
Mr. Andres noted that the pre-fabricated building would be a bit smaller than the current unit and would be in the same place so no new disturbance would be necessary. Deputy Usowski noted that a site plan had been submitted by Ryder and Wilcox and according to their delineation the bath house was outside the 100' Buffer Zone and thus did not require Conservation Commission Approval.
Mr. Hoerle closed this hearing. Ms. Larsen MOVED and Mr. LaBranche SECONDED the Motion for a Negative Determination for Reason #6.
SO VOTED UNANIMOUSLY.
8:00 P.M. Continuation of Hearing on Notice of Intent filed by Janet G. Coletti, 155 Sparrow Road, Map 04, Parcel 195.
Mr. Hoerle announced this hearing. Jay Norton of Coastal Engineering Co., Inc. was present along with Victor Coletti and presented the proposal for modifications to the existing rock revetment at the above site.
A soil boring sample taken by Coastal Engineering at the site showed the Resource Area to be a Coastal Bank and not a Coastal Dune. This boring was completed at the request of the Conservation Commission. Jay Norton of Coastal Engineering stated that the plan had been modified to show that they wished to extend the revetment to the edge of the existing scarp only, and not carve an additional 7' into the Coastal Bank as had been originally requested.
There was discussion regarding additional sand nourishment as they were asking to add onto the revetment. Materials produced by the Conservation Commission’s consultant Greg Berman, Coastal Processes Specialist for the Cape Cod Cooperative Extension and Woods Hole Sea Grant, were discussed. Mr. Berman stated that the short-term erosion rate for the property (for the past 20 years) was higher than the long-term erosion rate that Coastal Engineering was using to calculate the annual nourishment requirement. The Commission agreed that the recent erosion rate on the property is higher than the long-term average and that they would like to see additional nourishment at the site. Lou Difinizio of the Massasoit Hills Homeowners Association told the Commission that the members of the association
contribute 75-100 cubic yards annually to the beach which is in fact owned by Mr. Colletti. When these two amounts are added together the annual nourishment that is going on that beach is approximately what Mr. Berman suggested.
Mr. Hoerle closed this hearing. Ms. Giovinazzo MOVED and Mr. LaBranche SECONDED the Motion for approval with Order of Conditions 1-18, 19, 20, 21, 26, 27, 29, 31 45 cubic yards to be put on the south side of return adjacent to the beach access, 33, 34, 36, 38 on-site meetings pre-construction and
post-construction meetings.
THE VOTE WAS 5 IN FAVOR WITH MS. HASPEL AND MS COOK ABSTAINING.
MOTION CARRIED.
Request for Extension Permit for Target View Beach Association, DEP SE 19-1015, Bay View Drive, Map 13, Parcel 014.
Deputy Usowski reviewed this request for the Commission. The Order of Conditions was for the construction of a foot path to the beach with the addition of wooden stairs and beach grass planting. She said the path is very minimal, the stairs are in decent shape minus no stringers on the bottom and the vegetation is doing pretty well.
The Commission agreed that the foot path was very minimal and they were pleased with how the applicant had been maintaining their Buffer Zone.
Ms. Giovinazzo MOVED and Mr. Smith SECONDED the Motion to grant a
three-year Extension Permit for DEP SE 19-1015.
SO VOTED UNANIMOUSLY.
Request for Extension Permit, Paine, DEP SE 19-1235, 550 State Highway, Map 21, Parcel 076B.
Deputy Usowski reviewed this request for the Commission. This Order of Conditions was for the removal of two existing cottages and construction of a new single-family dwelling with associated appurtenances within the Buffer Zone to a Coastal Bank and Isolated Vegetated Wetland. The applicant, Robert Paine, was present and had submitted a letter detailing what has been completed and what the future of this project looks like.
Mr. Paine addressed the Commission and stated that the next step he would like to complete once he had an Extension Permit would be to finish the driveway according to plan with appropriate material and catch basins. The Commission asked at what point he was on his approved planting plan and he said he is currently still trying to control the Bittersweet on the Coastal Bank but he is not having much luck with the herbicide he is using. The Commission encouraged him to manually remove as much as possible, and to contact a licensed applicator to either complete the herbicide work or to recommend what wetland-sensitive product to use and in what concentration as the approved plan designed by Seth Wilkinson of Wilkinson Ecological Design should work.
Deputy Usowski stated she would like to see a monthly work log submitted in writing the first week of every month for the previous month detailing what work was completed. The Commission also stated that they would be more comfortable if the applicant met with the Agent before each step of the project to make sure they will be doing it within compliance of the Order.
Mr. Smith MOVED and Ms. Cook SECONDED the Motion to grant a three-year Extension Permit for DEP SE 19-1235 with the conditions that Mr. Paine meet with the Conservation Agent before each step etc.
SO VOTED UNANIMOUSLY.
Wetland Violation, Sable, 105 Shurtleff Road, Map 10, Parcel 237.
Deputy Usowski stated that while she was away on vacation Deputy Carlow responded to a violation at 105 Shurtleff Road. The Sables, the owners, had hired a contractor to remove downed brush and cut some of the Bittersweet within 100' of the Top of the Coastal Bank without permission of the Conservation Commission. When she met with the owners they stated they thought they were working outside the 100' Buffer, and they are willing to do whatever it takes to fix the problem.
The Conservation Commission voted to issue an Enforcement Order ordering the owners to file a Notice of Intent for restoration of the area by September 1st and that a $600 fine be issued as they viewed the incident as two separate violations: One for vegetation removal and one for bringing heavy equipment into a sensitive area. Each violation was fined in an amount of $300, and the Commission requested that the owners attend the next meeting on August 10th, 2010 to discuss the violation.
At this time a new Chairman needed to be elected as Dennis Murleys’ time on the Commission had ended. Mrs. Larsen MOVED and Mr. Hoerle SECONDED the Motion that Mr. Smith become the new Chairman. Mr. Smith agreed to this, and Mr. Hoerle will remain the Vice Chair for the remainder of his term.
There was no further business and Ms. Giovinazzo MOVED to adjourn at approximately 10:30 P.M. Mr. LaBranche SECONDED the Motion.
SO VOTED UNANIMOUSLY.
Respectfully submitted,
Kay Stewart-Greeley, Clerk
cc: Town Administrator Building & Health
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