December 28, 2010
Meeting Minutes
Present: Chairman Stephen Smith, Sandra Larsen, Steven LaBranche, David Hoerle.
Not Present: Vivien Cook.
Staff Present: Deputy Natural Resources Officer Amy Usowski.
Also Present: Russ Holden of Ryder and Wilcox, Jason Ellis of JC Ellis Design.
6:00 PM Chairman Smith opened the meeting.
Request for Certificate of Compliance filed by Lorraine Hart and Cheryl Paterson, 455 Turnip Road.
Russ Holden of Ryder and Wilcox represented the applicant. The commission had questions as to why a shed with a propane tank was built and Mr. Holden said he did not know why the shed was not in the plans but explained that there were records of filling the propane tank years back. He continued saying that the applicant has called to have dry wells installed, and the lack of other installation was an oversight on their part. There was some discussion as to how the shed was built without coming to the Conservation Commission. Sandra Larsen noted that there was not a lot of vegetation and Amy Usowski replied that the applicant agreed to have a planting plan and the applicant would be required to have all roof drainage be drained into dry wells or leeching trenches. Chairman Smith agreed that the committee should ratify the order so the work can be done with drainage and plantings, it would mitigate for the shower and the shed. Amy Usowski said she would work with the owners to decide
which plantings would be best for the area on the sides and front of the house.
Steven LaBranche MOVED, Sandra Larsen SECONDED to ratify the existing orders.
ALL IN FAVOR.
6:15 PM
Notice of Intent filed by John J. McCarthy, 3 West Shore Dr., Map 7A, Parcel 003.
Applicant requested a continuance until January 11, 2011.
Seven LaBranche MOVED, Linda Haspel SECONDED to continue on January 11, 2011.
Request for an Administrative Review Permit for Thomas Micelli, 25 Cove Road, Map 18, Parcel 43.
It was determined by the commission that there were too few commissioners to establish a quorum. The request will be heard at the following meeting.
Request for an Extension Permit for JMH Trust, c/o John J. McCarthy, 3 West Shore Drive, Map 7A, Parcel 003. Applicant requests an extension permit to be able to maintain and nourish their rock revetment.
Deputy Usowski reminded the commission that they voted to issue a 1 year extension at the last meeting but that the signature page just needed to be signed. They already voted to issue the extension so another vote was not needed, just the signatures.
Request for a Certificate of Compliance for Joseph C. and Marie D. Clancy for the construction of a
concrete driveway, storm runoff trench, and portions of a Sewage Disposal System with the 100’
buffer zone to a bordering vegetated wetland at property located at 385 Candlewood Drive, Map 12,
Parcel 232.
Amy Usowski spoke with Mr. Clancy and he could not get the specified mix but did put
down a fescue as a result of speaking with the Eastham DPW to ask what they put down.
Sandra Larsen said the applicant could have called Amy Usowski to speak with her about other
alternatives and the commission worked with the applicant who wanted to put down a hard surface and
the order of conditions and it was not met.
Chairman Smith said that his concern if the grass is there to absorb run off and stabilize the area
and it is a type of grass that could not last long, Chairman Smith suggested that they wait to see what
happens with the grass, and watch to see how it takes.
Continuation of Notice of Intent filed by George and Susan Amato, property located at 95 Harmes Way, Map 1, Parcel 101. Jason Ellis of J.C. Ellis Design represented the applicant. A decision could not be made because there was no DEP number there were not enough commission members for a voting quorum. Chairman Smith asked that the commission address any questions they had and if further information is needed. Jason Ellis said that he met with Amy Usowski on site and they determined that many of the things they found as part of the enforcement actions would become conditions for the project.
Jason Ellis said the house is currently five to ten feet from where the foundation is to be constructed. Amy Usowski said they determined that the property have three rows of fencing to create a wind break, and also use snow fencing for the limit of work. Sandra Larsen said the snow fencing was not successful last time because it was walked on. Chairman Smith said that the last limit of work fencing, it became six feet wider than was approved. Chairman Smith reiterated that the guidelines set forth by the commission were not followed and they needed to be followed if the project continues. Sandra Larsen said that she thought the plantings needed to be addressed as a separate issue and a restoration needs to be adhered to fix what happened in the past. Amy Usowski asked Sandra Larsen if they would plant up to the edge of the house and
under the house. Jason Ellis said he agreed with Sandra Larsen and the snow fencing was in lieu of the grass for the meantime because he did not think that the grass was going to do what they intended it to and it may be a waste and create more of a disturbance because they will not take right now. He said and they could monitor the growth in August 2011, and make it a condition to monitor it over three years.
Jason Ellis also said that there can be a time frame in the order of conditions and then come back in six months to monitor status of beach grass, and then if some needs to be replanted, it can in the fall. Sandra Larsen said she wanted to go back to the orders of conditions from the enforcement order. Jason Ellis replied that that could not be done because the emergency certification order is over. And they need to work off what they have today. Jason Ellis also said that if anything is done on the site, including removal of debris that it is illegal unless the commission gives them an enforcement order. Jason Ellis then said that if the project was denied because it is on a resource area, not in a buffer zone, that the appeal would be with MEPA for years. Sandra Larsen said she wants it to be enforced that the site is restored no
matter what happens in the future. Jason Ellis told Sandra Larsen she should not put that language in the order. Chairman Smith said he would like to see the alternatives analysis and addressed the footprint of the structure due to additions to the house.
There was discussion regarding the utility room and Jason Ellis responded that the utility room was added because they could no longer have anything under the flood zone. Jason Ellis said that the project meets the performance standards of the wetlands protection act, and it meets the performance standards and there is nothing in the act that prohibits putting an addition on the building. There was some discussion on the walkway design. Amy Usowski asked for clarification on the decks and walkways and how the driveway would be established and marked and asked when the surveying was done and Jason Ellis replied that the survey was done before the house was moved or touched. Jason Ellis said nothing would be widened for the parking area.
Linda Haspel MOVED to continue, Steven LaBranche SECONDED.
ALL IN FAVOR.
Steve LaBranche MOVED to adjourn, Sandra Larsen SECONDED.
ALL IN FAVOR.
Respecfully Submitted,
Shana Brogan
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