Eastham Conservation Commission
23 November 2010
Minutes
Present: Chairman Stephen Smith, Sandra Larsen, Vivien Cook, Linda Haspel.
Not Present: Steven LaBranche
Staff Present: Deputy Natural Resources Officer Amy Usowski.
Also Present: Giovanni Cicero, David Lyttle of Ryder & Wilcox, Bob Field and Tom Lewis from Dunes Beach Association, and Tim Brady from East Cape Engineering.
6:00 P.M. Chairman Smith opened the meeting.
6:15 P.M. Notice of Intent filed by John Cicero 45 Bayview Road, Map 19, Parcel 015.
The applicant discussed proposed top trimming and removal of trees, and replanting shrubs. Amy Usowski said that the locusts were invasive and will re-sprout all over as a result of trimming, she would like to see some of the cherry trees stay, and speak with A-Z trees about the cedar trees. Mr. Cicero replied that one of the trees was not stable and that he just wanted to prune the top of the trees because they are tall but will comply with what the commission wants. Chairman Smith stated he did not want the cedar by the deck trimmed. Amy Usowski clarified that Mr. Cicero was proposing a one-to-one replacement of shrubs for every tree removed. It was proposed to put shrubs to the top of the bank to stabilize it more.
David Hoerle said that the locusts are good for honey bees, they are invasive but they are helping that species. Chairman Smith said that if they say yes to the trimming of the locusts and they die as a result, they cannot be removed. It was noted that one cedar looked like it was being crowded. Amy Usowski said the project should be a series of phases, beginning first with trimming the locusts and then removing the locusts around the cedars and lastly replanting with native species. Chairman Smith agreed. Amy Usowski said everything will need to be re-flagged, and Mr. Cicero added that he would leave the trees 12 feet high. Sandra Larsen added that if some of the trees do die they should be left standing dead and that the two cherries should be kept.
David Hoerle MOVED to approve the project, Vivien Cook SECONDED.
SO VOTED UNANIMOUSLY.
6:30 P.M. Ammended Order of Conditions by Massasoit Hills Homeowners Association Salt Works Road, Map 04.
Vivien Cook MOVED, David Hoerle SECONDED the motion to continue the hearing on December 14, 2010.
SO VOTED UNANIMOUSLY.
6:45 P.M. Notice of Intent filed by Rosamond Thomas, 455 Mary Chase Road, Map 18, Parcel 80A. David Lyttle of Ryder and Wilcox represented the project. Mr. Lyttle said he would like to deal with the issue of scour in a timely manner. He also stated that there were two cedar trees leaning over a bank and he would like to have them flush cut in the fall because they could further erosion and in the spring cut a cherry tree and remove honeysuckle by hand. Sandra Larsen stated most of the plants will be over the bank edge and it would be good to know the spacing and size of the plants.
Vivien Cook MOTIONED, David Hoerle SECONDED the motion to continue the hearing on December 14, 2010.
SO VOTED UNANIMOUSLY.
7:00 P.M. Request for Amended Order of Conditions proposed by Dunes Beach Association, Crest Avenue, Map 10, Parcel 409. Tim Brady of East Cape Engineering explained the project saying that the bank is steep, unstable, and eroding. The new stairway is proposed 75 feet south of the existing location and two landings leading away from the revetment with posts four feet deeper. Linda Haspel asked if collapsing the bank had been done before. Tim Brady replied that he has done it before in smaller projects. Chairman Smith asked if the short fencing along the walkway to the stairs was approved and Tim Brady replied that it was probably not, but put in for safety reasons. Amy Usowski stated that the project is supposed to have equal or lesser impact but this proposed stairway is more than that. Tim Brady responded that a Notice of Intent
would result in them talking about the same subject. Linda Haspel noted that the stairway is going to be bigger. Tim Brady responded that the bigger stairway would be safer because there are more landings. Chairman Smith stated he would like to see a Notice of Intent because this is not a repair to an existing stairway, it is new construction. Sandra Larsen asked what would happen with the old stairs and Tim Brady replied that they would be taken from the beach. Chairman Smith asked when the project would begin because of stability of the bank it was responded that they would like to begin in the spring.
David Hoerle MOVED to accept the project, Linda Haspel SECONDED. SO VOTED UNANIMOUSLY.
7:00 P.M. Request for an Amended Order of Conditions filed by Paul Dinto of 1 West Shore Drive. Emergency fill to be added to a bank on top of revetment as it continues to have erosion. Amy Usowski stated that the applicants are responsible for stabilization by planting and if the applicant needs to add sand in the future they need an active Order of Conditions and will need to address plantings in a future Notice of Intent.
Vivien Cook MOVED to approve the project, David Hoerle SECONDED.
SO VOTED UNANIMOUSLY.
7:30 P.M. Request for an Amended Order of Conditions filed by the Ridley Family Trust 16 Sherwood Road, Map 113, Parcel 133.
Chairman Smith announced the hearing and read a letter from the applicant. Tim Brady of East Cape Engineering represented the applicant and acknowledged that there was one large crawl space, rather than the two previously approved. He then said the limit of work is where it was supposed to be, the foundation is the same size and the project should move forward as the house is not well supported. Tim Brady also said he should have shown a different limit of work line in the original plans and that there will be a dumpster on-site while construction is taking place and then asked if the commission had any other concerns.
Amy Usowski stated that the commission should consider whether they would have allowed a crawl space along the entire back of the structure to begin with. Sandra Larsen said she would not have been in favor of the crawl space. Amy Usowski said she did not see any vista pruning, but wanted more vegetation added to help deal with storm water. Tim Brady thought the area was well vegetated and they cannot offer much more, but will look into storm water solutions for the driveway and suggested adding a drainage system be made a condition.
Linda Haspel voiced concern about the violation. Tim Brady responded that the owners were apologetic and he did not think it was a huge violation of the Orders of Conditions and the main concern was the stability of the bank. Sandra Larsen said the hearing could be an opportunity to deal with the storm run off, and find a benefit in another way from the project. Tim Brady responded that the site did have small excavating machines and that they could create a more vegetated parking area. Amy Usowski agreed that delineation is needed where the applicant’s car would park. Chairman Smith suggested two 18” pathways to serve for each parking area. Sandra Larsen asked what is going to be done about the drainage. Tim Brady responded that there could be a grate and some sort of a catch basin, a pit, or a trench installed, to get the
water into the ground. There was some discussion on how the Order of Conditions was violated.
Tim Brady said he would be happy to continue the hearing and bring back more information however he would also like to see work continue in the meantime. Chairman Smith said if another violation occurs that the project could be ordered to be redone the original way it was approved. Linda Haspel said the reason for the violation was different than the reason they heard presently. Linda Haspel suggested that the Order of Conditions be changed to improve the situation and keep fines for the violation. Chairman Smith agreed. Tim Brady said he was willing to look into drainage and improved parking area and bring his findings to the Committee. After some discussion, the Committee agreed to keep the crawl space across the entire back of the house to avoid more impact to the resource.
David Hoerle MOVED and Vivien Cook SECONDED the motion to lift the stop work order.
SO VOTED UNANIMOUSLY.
David Hoerle MOVED and Linda Haspel SECONDED the motion to continue the hearing on January 11,, 2011.
SO VOTED UNANIMOUSLY.
7:45 P.M. Continuation of Hearing on Notice of Intent filed by Gary and Jan Ross, 345 Harmes Way, Map 1, Parcel 110. Chairman Smith announced that the committee received a letter from the applicant requesting a continuance on January 11, 2011.
Linda Haspel MOVED and David Hoerle SECONDED the motion for a continuance on January 11, 2011.
SO VOTED UNANIMOUSLY.
8:00 P.M. Continuation of Hearing on Notice of Intent filed by Marcella Gumbel, 205 Shurtleff Road, Map 7, Parcel 195.
Chairman Smith announced that the applicant requested a continuance for the December 14th meeting.
Daivd Hoerle MOVED and Vivien Cook SECONDED the motion to continue the hearing on December 14.
SO VOTED UNANIMOUSLY.
8:15 P.M. Continuation of Hearing on Notice of Intent filed by Anthony Julian, MAF Realty Associated, 15 Shurtleff Road, Map 10, Parcel 231.
Chairman Smith announced that the applicant requested a continuance for December 14.
Linda Haspel MOVED and David Hoerle SECONDED the motion to continue the hearing on December 14.
Vivien Cook MOVED and Sandra Larsen SECONDED the motion to adjourn.
SO VOTED UNANMOUSLY.
Respectfully Submitted,
Shana Brogan
Natural Resources/DPW
cc: Town Administrator
Town Clerk
Board of Selectmen
Planning Board
Building & Health
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