Eastham Conservation Commission
9 November 2010
Minutes
Present: Stephen Smith, David Hoerle, Vivien Cook, Lorraine Giovinazzo, Sandra Larsen, Steven LaBranche.
Staff Present: Deputy Natural Resources Officer Amy Usowski
Also Present: Stephanie Sequin, Don Monroe, Charles Wentz, Timothy Brady, Don and Donna Kramer, Fred Rollinson, Dean and Joan Schofield, Ed Tarca, Carl Ericson, Gail McKeown, Dick McKeown.
Not Present: Linda Haspel
Chairman Smith opened the meeting at 7:06 P.M.
7:06 P.M. Administrative Review, Lawrence, 905 Bridge Road. Deputy Usowski presented this request to fell 2 deceased Pitch Pines within 100’ of an Isolated Wetland. There was some discussion as to why this was necessary as the house is far away. Deputy Usowski stated that he would just like to fell them and leave them in place to decompose naturally.
David Hoerle MOVED and Vivien Cook SECONDED the Motion to ratify the Administrative Review.
SO VOTED UNANIMOUSLY.
7:12 P.M. Request for a Certificate of Compliance for Joseph and Marie Clancy, 385 Candlewood Road. Deputy Usowski presented this request for a Certificate of Compliance. The Orders of Conditions were for the installation of a well and new material for the driveway. The Commission agreed that the whole project had gone perfectly with the exception that the disturbed area along the driveway seemed to be planted with something like Kentucky Blue Grass as opposed to a native conservation mix. The Commission decided to hold off on making a decision until further information could be provided by the applicant.
7:14 P.M. Deputy Usowski announced that there would be a joint Work Session with the Selectmen regarding improvements to Rock Harbor on Wednesday November 17th at 2:30p.m.
7:16 P.M. Request for an Amended Order of Conditions filed by Devette Russo and Robert Pfeifer, 295 Corliss Way, Map 21, Parcels 043A and 043B. Chairman Smith opened the hearing for changes to the proposed “hardscape” i.e.: driveway, walkways, retaining walls, as well as a new location of a proposed shed. Stephanie Sequin from Ryder and Wilcox was present to represent the applicants and described the changes from the approved plan.
There was discussion about the increase in area of the driveway in the 100’ Buffer to the intermittent stream, and also questions about how well runoff will be able to infiltrate. Stephanie showed the commission the specifics of the pavers on the plan. Stephanie mentioned that they are decreasing the amount of disturbance in the buffer zone from 3,500 square feet to 2,700 square feet, and that they proposed 11,750 sq.ft. of planting mitigation to give a restoration-to-disturbance ratio of 3:3:1. Commissioner Larsen stated that to her it was not “mitigation” because it involved the use of herbicides.
Deputy Usowski mentioned that she thought it would be a good idea to put more native shrubs near the retaining walls on the south side to stabilize the area.
At 7:40 P.M. Chairman Smith CLOSED the hearing. Steve LaBranche MOVED and Vivien Cook SECONDED the motion to grant the Amended Order of Conditions with the following conditions: the Plan of Record was to become the one drawn by Ryder and Wilcox with a date of 10-21-2010, there are to be at least 10 new shade-tolerant native shrubs added on the slope by the retaining walls on the south, there is to be no chemical treatment of the pavers, and there is to be no greater compaction of the driveway to put the pavers in.
The vote was 5 in favor and 1 opposed. MOTION CARRIED.
7:45 P.M. Notice of Intent filed by Marcella Gumbel, 205 Shurtleff Road, Map 7, Parcel 195. Chairman Smith opened this hearing for the construction of a rock revetment. Don Monroe from Coastal Engineering was present to represent the applicant. Mr. Monroe talked about how degraded the existing sand bags are. He mentioned that the deck is 6’ from the Top of Coastal Bank. The neighbor wishes for them to be able to build to the property line in order to bridge the gap between the two properties.
Deputy Usowski asked the following questions: How old is the house? What amount of sand are they proposing to nourish with annually? Could their alternative analysis also address the possibility of their being able to move the house back? Mr. Monroe stated that the house was built pre-1978 and he could submit proof of that. He stated that they would prefer not to move the house back because the septic is in the way.
Chairman Smith stated that he was concerned that they were acting too quickly, and their alternative analysis should address ALL alternatives, even moving the house back.
Mr. Monroe asked what the difference was between a naturally eroding coastal bank and an armored one with adequate sand nourishment? He also stated that this would reduce the amount of erosion that the Vokes (neighbors) are seeing because the gap between the sand bags and rock would be eliminated.
David Hoerle asked if there would be a benefit to putting fencing in front of this wall? Mr. Monroe said in an area such as this that no, there would just be more scour. He said that they are looking at this project in two ways. He said the project is for the replacement of existing sand bags with a hard structure.
The Commission stated that they would like to see a more thorough alternative analysis. The applicant requested a continuance until November 23rd, 2010.
Vivien Cook MOVED and Steve LaBranche SECONDED the motion to grant a continuance until November 23rd.
SO VOTED UNANIMOUSLY.
8:20 P.M. Request for Determination of Applicability filed by Linda Johnson, 1145 Kingsbury Beach Road, Map 10, Parcel 330. Chairman Smith opened the hearing for the wish to maintain the existing walkways and driveway by pruning encroaching vegetation. Steve LaBranche recused himself from the hearing.
Charles Wentz from Ponderosa Landscaping described the project. He stated that the beach grass is encroaching on the walkways and they would like to prune it so it is 6-12” off them. They would also like to top dress the driveway with shell and prune back the rugosa rose and beach plum to the edges of the drive.
Lorraine Giovinazzo stated that she would be supportive if the English ivy and bittersweet were removed by hand as well.
David Hoerle MOVED and Vivien Cook SECONDED the motion to grant a Negative Determination for Reason #3.
The vote was 5 in favor and 1 absention. MOTION CARRIED.
8:32 P.M. Continuation on Request for Determination of Applicabilty filed by Steven Schlesinger and Linda Rosetti, 18 Sherwood Road, Map 13, Parcel 133B. Tim Brady of East Cape Engineering was present to represent the applicants. Sandra Larsen recused herself from the hearing. Deputy Usowski showed photos of how there was not much vegetation in the “parking area” between 16 and 18 Sherwood. Mr. Brady stated that they would like to have a dual limit of work across the parking area for the two properties.
The Commission wished for some conditions to be placed on the permit: that the site is to be cleaned daily, there is to be a covered container onsite, and that the foundation may be reinforced but there is to be no new excavation.
David Hoerle MOVED and Lorraine Giovinazzo SECONDED the Motion to grant a Negative Determination for Reason #3.
The vote was 5 in favor and 1 abstention. MOTION CARRIED.
8:49 P.M. Continuation of Hearing on Notice of Intent filed by Anthony Julian, MAF Realty Associates, 15 Shurtleff Road, Map 10, Parcel 231. Timothy Brady of East Cape Engineering was present to represent the applicant.
Mr. Brady reiterated that the application was for the in-kind replacement of a sandbag structure with a rock revetment. Commissioner Larsen stated that she did not believe that is was an in-kind replacement, that proposed revetment is larger than the sandbag structure that is there now and that there is inconsistency in the statement that bags and rocks are the same.
Chairman Smith stated that they have not proven that there will not be a negative impact on the adjacent property. He said it would be a public encumbrance if any of Thumpertown Beach is lost, and that he believes that at the interface of the revetment and the unprotected property to the south there will be damage.
Mr. Brady stated that putting the revetment in would be a benefit to the town because they would no longer need to nourish where the end of the revetment is proposed to be. He also stated that according to the Wetlands Protection Act 310 CMR 10.30 an alternatives analysis is not required. Deputy Usowski stated that 310 CMR 10.30 3b states that it is required. Mr. Brady admitted the house could possibly be moved back because of the size of the lot, but why should they have to do this if they have sandbags already?
Commissioner Larsen stated that she did not believe that this was a complete filing; the alternative analysis wasn’t adequate and they have not proven that the neighboring property will not be negatively impacted.
An abutter to the north, Mr. Kramer, spoke up and said that he was in favor of the project. Another abutter, Dean Schofield addressed the board saying he had been visiting since 1946, and that the Commission had let every other revetment be built, and that the town could to the same thing.
Fred Rollinson, another abutter, asked if the sand bags were not present, would there be any less erosion at Thumpertown Beach. Mr. Brady said he did not know. Mr. Rollinson stated that he thought it would be the same, and that rock revetments do not cause increased erosion. He stated that people who pay this much for their property should be allowed to protect their structure.
Chairman Smith stated they can get all different opinions on whether this will or will not have an adverse impact on the abutting unprotected Coastal Bank.
Mr. Brady requested a continuance until November 23rd, 2010.
Vivien Cook MOVED and David Hoerle SECONDED the motion to grant a continuance until November 23rd.
SO VOTED UNANIMOUSLY.
9:40 P.M. Deputy Usowski asked the Commission if they would like her to get an opinion from Greg Berman, Coastal Processes Specialist with the County, to weigh in on whether revetments have impacts on erosion rates on adjacent properties. The Commission advised her to do this.
9:45 P.M. Steven LaBranche MOVED and Lorraine Giovinazzo SECONDED the motion to adjourn.
SO VOTED UNANIMOUSLY.
Respectfully Submitted,
Amy Usowski
Deputy Officer of Natural Resources
Town of Eastham
Cc: Town Administrator
Town Clerk
Board of Selectmen
Building & Health
Planning Board
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