EASTHAM CONSERVATION COMMISSION
10 August 2010
MINUTES
PRESENT: Sandra Larsen, Lorraine Giovinazzo, Steve LaBranche, David Hoerle, Steve Smith.
NOT PRESENT: Linda Haspel, Vivien Cook.
STAFF PRESENT: Deputy Natural Resource Officer Amy Usowski.
ALSO PRESENT: Dina Browne, Gary & Barbara Sable, Theresa Sprague of Wilkinson Ecological Design, Kimberly Howard, Gerald P. Cestaro, Sr., John Schnaible of Coastal Engineering Co., Inc., Carl Ericson, Thomas Greenlees, Bette Ann Anderson, Stan Humphries of LEC Environmental, David Hale, Donna Gemborys.
Chairman Smith opened the meeting at 7:00 P.M.
7:02 P.M. Administrative Review, Klingel, 90 Old State Highway, Map 20, Parcel 117B.
Deputy Usowski introduced Theresa Sprague of Wilkinson Ecological Design who presented a plan to update the Klingel’s restoration planting plan. She said that a number of native grasses and forbs have sprouted on their own. She said that under the old plan desirable native plants would have to be removed or damaged in order to accommodate for the proposed plantings and the improved plan takes into account the desirable plants growing in the area.
Ms. Giovinazzo MOVED and Mr. LaBranche SECONDED the Motion to ratify this Administrative Review.
SO VOTED UNANIMOUSLY.
7:12 P.M. Administrative Review, Downes, 325 Mill Road, Map 11, Parcel 080.
Deputy Usowski presented this proposal to cut down Japanese Knotweed in the back of the house which is encroaching into the “lawn” area. She said there really is no lawn area but the applicant would like to be able to use the back yard and the Knotweed is encroaching. She said they would cut the small sprouts and be able to maintain a small clear area.
Mr. LaBranche MOVED and Ms. Giovinazzo SECONDED the Motion to ratify this Administrative Review.
SO VOTED UNANIMOUSLY.
7:15 P.M. Request for Determination of Applicability filed by Michael Dyki, 325 Shurtleff Road, Map 07, Parcel 177.
Chairman Smith announced this hearing for a proposal to construct an 8' x 8' sun deck within 100' of the Top of the Coastal Bank.
Gerald Cestaro, the builder, was present and explained the proposal to the Commission. He said there were previously stairs to the beach at this location and where the deck is proposed was a landing attached to the stairs. He said that no vegetation will need to be pruned.
Following some discussion, it was agreed that the deck should be 18" off the ground at its lowest point with ½" spacing on the decking.
There were no comments from the floor and Chairman Smith closed the hearing. Mr. LaBranche MOVED and Ms. Giovinazzo SECONDED the Motion for a Negative Determination for Reason #3.
SO VOTED UNANIMOUSLY.
7:30 P.M. Request for Amended Order of Conditions filed by Ellen Camhi, EKG Properties, LLC, DEP SE 19-1238, 40 Bay Shore Lane Map 13, Parcel 136F and 141R.
Chairman Smith announced this hearing for the proposal to extend the existing bank stabilization measures. Stan Humphries, Coastal Geologist with LEC Environmental, Inc. was present for the applicant and explained that there is a 10-15' gap between Ms. Camhi’s approved fiber rolls and the neighbor’s revetment which they would like to bridge. He said there will need to be an adjustment in the elevation from the Camhi property to the neighboring property. He said the same approved methods would be used to accomplish this.
Deputy Usowski said the neighboring property has the same Coir envelope stabilization for their bank. She clarified the extent of the gap with Mr. Humphries so she could re-calculate the nourishment requirement. She said she didn’t have any questions about the construction as it will be constructed in the same manner as the existing Coir envelopes.
There was some discussion about the notes on the plan and Mr. Humphries crossed out the notes about the sand-drift fence which pertain to the neighboring property and not the Camhi property.
There was no further discussion and no comments from the floor. Chairman Smith closed the hearing.
Ms. Giovinazzo MOVED and Mr. Hoerle SECONDED the Motion to grant an Amended Order of Conditions for DEP SE 19-1238 with the following conditions in addition to the existing conditions: the plan of record shall now become plan entitled “Proposed Bank Stabilization for EKG Properties LLC, 40 Bay Shore Lane, Eastham, MA” prepared by Stanley M. Humphries, dated 7/8/10 as modified from Woods Hole Group 3/15/10 plan for abutting properties, stamped and signed by Stephen N. Smith & Stanley M. Humphries on 8/10/10, and the Annual Beach Nourishment requirement shall now be 125 cubic yards.
SO VOTED UNANIMOUSLY.
7:42 P.M. Violation, Gary & Barbara Sable, 105 Shurtleff Road, Map 10,
Parcel 237.
Deputy Usowski reviewed this matter for the Commissioners. Mr. & Mrs. Sable were present. Deputy Usowski issued an Enforcement Order and fine of $600 to the Sables for clearing of vegetation within the 100' Buffer to the Top of the Coastal Bank without Conservation Commission approval. The Commission had requested that the Sables appear before the Commission to explain.
Mr. Sable said they had hired a contractor to remove the Bittersweet. He said that in the area there were a bunch of dead shrubs. He said he was out of the country and his wife was off Cape when the contractor did the work and Mr. Sable said that when he returned he was absolutely shocked at what the contractor had done. He said he didn’t expect it to look the way it does.
Mr. Sable went on to say that the area is about 26' wide and 30' long and most of the shrubs etc. in the area were dead because of the Bittersweet. He said Deputy Usowski made a site visit to determine what the alternatives were and he said the would like to go back to beach grass and he wants to mix it up with Bayberry and Beach Plum. He asked that the Commission allow them to
hand-prune the Bittersweet.
Deputy Usowski said this would all be included in a Notice of Intent which is required under the Enforcement Order. She said that trimming the Bittersweet could be part of the Notice of Intent proposal.
There was some discussion about what plants to plant and where and how they can achieve the best stabilization of the top of the bank.
The Commission discussed the fines and whether or not to nullify them in lieu of the Sables placing a Performance Bond to insure the plant survival when they receive an Order of Conditions.
Ms. Giovinazzo MOVED to rescind the fines in the matter and Mr. LaBranche SECONDED the Motion.
THE VOTE WAS 4 IN FAVOR WITH ONE ABSTENTION BY MR. HOERLE.
MOTION CARRIED.
8:05 P.M. Request for Certificate of Compliance, Anderson, DEP SE 19-1270, 20 Teal Way, Map 17, Parcel 505.
This Order of Conditions was for vista pruning within the Buffer Zone to a Salt Marsh at the above property. John Schnaible of Coastal Engineering Co., Inc. was present along with Mrs. Anderson. Mr. Schnaible said that all the pruning is complete and was done according to the plan.
Deputy Usowski said that everything seems to have been pruned in compliance with the approved plans and the issuance of a Certificate of Compliance would mean that any proposed pruning in the future would need Conservation Commission approval.
There was no discussion regarding the pruning. Ms. Giovinazzo MOVED and Mr. LaBranche SECONDED the Motion to issue a Certificate of Compliance for DEP SE 19-1270.
SO VOTED UNANIMOUSLY.
Request for Certificate of Compliance, Anderson, DEP SE 19-1220, 20 Teal Way, Map 17, Parcel 505.
This Order of Conditions was for the construction of a single-family dwelling with deck, driveway, subsurface sewage disposal system and associated grading on vacant land. within 100' of the Top of a Coastal Bank.
Mr. Schnaible said that the Andersons are selling the property and they were asked to request a Certificate of Compliance. He said that the house location and most of the work is in compliance but some of the planting plan was not specifically in compliance. He said they revised the landscape plan to show what the existing conditions are now and explained the changes to the Commissioners.
Deputy Usowski said that some of the plants did not go in until recently so they have not had 2-3 going seasons. She said the plants on the Northeast side which were supposed to be planted directly next to the house were planted along the tree line because of the stone trench for runoff. She said that because of the deck stairs, which weren’t on the plans, the plantings there were moved to the tree line as well. She said that all of the plants in the 50-100' have been planted but grass has been planted past the 100' line instead of the mulch which was shown on the plan. She said that the “No Mow” Zone on the approved plan encompassed between where the house is and the work limit and there is now access around the house which is grass and on the approved plan it was a “No Mow” Zone. She said the Commission at the time did approve access from the house to where the stone steps are.
Mrs. Anderson said that she was unaware that any plants were to be planted. Mr. Schnaible said that there was a parting of the ways between the applicant and the contractor and he feels that is why things were missed or not done.
Deputy Usowski said that if a Certificate of Compliance is issued there can be ongoing Conditions for the “No Mow” Zone and the planting plan. She said that the “No Mow” Zone is also supposed to be delineated by markers. Mr. Schnaible said those could be put in.
Chairman Smith pointed out that if the “No Mow” Zone is marked at the 100' buffer it actually puts the steps and the plants and the grass within the “No Mow” Zone which is a problem. He said if one looks at the original plan and the”As Built” plan as it is drawn and the “As Built” plan as represented in reality, there are some discrepancies.
Chairman Smith went on to say that he was on the Commission throughout the process of this job and no one every tried to get in touch with him. He said that in order for him to accept the “As Built” plan he needs to see some permanent delineation along the edge of the existing grass, and the reason for that is so that future owners realize that what they see is all they’re going to get.
Kim Howard, the Buyer’s Broker, spoke from the floor to assure the Commission that the potential new owners have no intention of doing anything other than having enough area to walk behind the deck as it is now.
Commissioner Larsen said she was concerned about the black bark mulch at the site. She said she thought the area was supposed to look more naturalized. Chairman Smith agreed that he was looking for more naturalization in the mitigation, not formal gardening within the Buffer Zones.
There was lengthy discussion about the “No Mow” Zone delineation and accepting the revised Landscaping Plan as the plan of record.
Ultimately Ms. Giovinazzo MOVED and Mr. LaBranche SECONDED the Motion to grant a Certificate of Compliance for DEP SE 19-1220 with ongoing Conditions #21 Plan. The plan entitled :Anderson Residence, landscaping Plan”, revised 8/2/10, stamped and signed by Stephen Smith & John Schnaible on 8/10/10 becoming the plan of record; and #32 “No Mow Zone” A “No Mow” Zone shall be established along the 100' Buffer and shall be delineated by large stone markers.
SO VOTED UNANIMOUSLY.
9:27 P.M. Administrative Review, David & Teresa hale, 75 Bay View Drive,
Map 13, Parcel 013.
Mr. Hale was present and told the Commission that he wishes to replace their split rail fence at the Toe of the Coastal Bank.
There was discussion about whether the fence should be moved out of the tidal zone.
Mr. LaBranche recused himself form this matter.
Carl Ericson spoke from the floor. He said that the Target View Beach Association had met recently and the Association supports people repairing their fences and encourages them to repair the fences as soon as they can and the placement is whatever is best for them.
Ms. Giovinazzo MOVED and Ms. Larsen SECONDED the Motion to ratify this AR for repair of the sand-drift fence with instruction that the debris at the site should be cleaned up.
THE VOTE WAS 4 IN FAVOR WITH MR. LABRANCHE ABSTAINING.
MOTION CARRIED.
9:43 P.M. Request for Certificate of Compliance, Flaherty, DEP SE 19-1319, 165 Harmes Way, Map 01, Parcel 103.
Deputy Usowski presented this request. This Order of Conditions was for a septic upgrade on a Barrier Beach and Coastal Dune. She said the project is complete and the remains of the hay bales are still there as per the Order of Conditions. She said the Beach Grass has taken nicely and the area is almost filled in. She said that when the Certificate of Compliance is issued, the hay bales can be removed and the owner will re-plug that area with Beach Grass.
Ms. Giovinazzo MOVED and Mr. LaBranche SECONDED the Motion to grant a Certificate of Compliance for DEP SE 19-1319.
SO VOTED UNANIMOUSLY.
9:44 P.M. Request for Certificate of Compliance, Koonz/Munday, DEP
SE 19-1339, 220 Crosby Village Road, Map 14, Parcel 208.
Deputy Usowski presented this request. The Order of Conditions was for the construction of an addition to a single-family house within 100' of Herring Pond and a Bordering Vegetated Wetland. She said work also included the construction of a porch, deck extension, installation of a dormer, re-siding, replacement of windows, and repair of a portion of the existing foundation.
She said she found everything to be pretty much in compliance. She said that one or two of the mitigation plants have died, but the rest of them look pretty good. She said the “No Mow” Zones are intact.
Mr. Hoerle MOVED and Ms. Giovinazzo SECONDED the Motion to issue a Certificate of Compliance for DEP SE 19-1339.
SO VOTED UNANIMOUSLY.
9:46 P.M. Request for change in Plans, Benson, RDA 03-10, 230 Corliss Way, Map 18, Parcel 004.
Deputy Usowski presented this request. She said the applicant received a Negative Determination a few months ago allowing them to install a septic upgrade within 100' of a Shrub Swamp. She said the applicant would like to modify this to include alternative treatment and move it 8' farther from the wetland as per Board of Health requirements.
Ms. Giovinazzo MOVED and Mr. Hoerle SECONDED the Motion to approve the change in plans for RDA 03-10.
SO VOTED UNANIMOUSLY.
9:50 P.M. Administrative Review, Lawler, 45 Mallard Lane, Map 13, Parcel 099.
Deputy Usowski presented this request to remove two unhealthy Pitch Pines crowding a young Oak. The applicants state that the larger Pine is a threat to the house. The would also like to remove a downed Pine which is closer to the pond shore.
The Commission discussed the health of the trees and whether there was a threat for the house.
It was MOVED by Ms. Giovinazzo to ratify the removal of the two Pitch Pines crowding the Oak and that the Pine by the pond be dropped and left. Mr. Hoerle SECONDED the Motion.
SO VOTED UNANIMOUSLY.
9:56 P.M. Administrative Review, Lanigan, 3300 Route 6, Map 11, Parcel 048B.
Deputy Usowski presented the request to remove one Pine and one Locust and to prune two branches over the shed. She said the applicant would also like to remove a couple of small Locusts outside the 100' Buffer. She said that the project itself is straight-forward; however, they seem to have been dumping brush within the 50' Buffer for some time now. She said the trees are covered in English Ivy.
Deputy Usowski said her issue is not with the proposed tree removal but with the clearing that has historically taken place closer to the pond and the large amount of debris that has been just dumped over the bank. She showed photos of the site and said the AR and the dumping can be handled separately if that’s how the Commissioners would like to handle it. She said she can ask the applicant to come to the next meeting if the Commissioners wish.
It was agreed that the applicant should come to the meeting on
August 24, 2010 to speak about what his intentions are.
10:02 P.M. Administrative Review, Town of Eastham, 2760 State Highway (Salt Pond), Map 12, Parcel 320.
Deputy Usowski presented this request to install a non-potable fresh water well for the purpose of shellfish propagation within 100' of the top of the Coastal Bank. She said the well would be located at the Top of the Bank directly off the access road off Route 6. She said all machinery could be staged from the road, and that only minimal pruning might be necessary. She said a line will need to be trenched from the back of the shed to the street in order to install electric service. She said that was not being requested under this AR and asked the Commission if they wanted to see a separate filing for the trenching.
There was discussion about how the electric for the well would be supplied, and it was agreed to only address the well application under this AR.
Mr. Hoerle MOVED and Mr. LaBranche SECONDED the Motion to ratify the AR for the installation of the well.
SO VOTED UNANIMOUSLY.
There was no further business and Ms. Giovinazzo MOVED to adjourn at
10:10 P.M. Mr. LaBranche 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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