Minutes
December 14, 2010
Eastham Town Hall
Earle Mountain Room
2500 State Highway
Present: Sandra Larsen, Chairman David Hoerle, Vivien Cook, Steven LaBranche, Linda Haspel
Staff Present: Conservation Agent Amy Usowski
Also Present: John Lennox, Mr. Cedarbaum, Jay Norton of Coastal Engineering, Jason Ellis of JC Ellis Design, Fred Ambrose of Ambrose Homes.
6:00PM
David Hoerle announced the meeting~
Administrative Review filed by Mr. Cedarbaum for property located at 635 Herringbroook Road. Proposed removal of dead trees and limbs in the front of the house. Mr. Cedarbaum said two trees are dead and one is partially dieing off, and there are a lot of dead limbs. Amy Usowski said the pines were to be removed. Amy Usowski said they are 75’ from the resource area. David asked about habitat value and Amy replied the resource is coastal bank so they should be concerned with flood control and storm damage prevention. ~
Steven LaBranche MOVED to approve the project. Sandra Larsen SECONDED.
ALL IN FAVOR.
6:06PM
Administrative Review filed by Gene Morello, 45 Bay View Drive applicant requests replacement of fence. Applicant will use the same holes for the fence. Sandra said she thought the fence looked good and it is collecting a lot of sand and it looks like one would have to excavate. Amy said they would do it in the spring and there would be no new excavation.
Steve LaBranche MOVED to approve, Linda Haspel SECONDED.
ALL IN FAVOR
~6:15PM
Request for Determination of Applicability filed by John Lennox proposed building of a shed, 680 Samoset Road, Map 14 Parcel 83H. The shed would house mowers and outdoor equipment and the location chosen would not be much of a disturbance. Linda Haspel asked about not using a slab and using cinder blocks instead and said he moved it forward two feet so the nearest tree is five feet away.
Steven LaBracnhe MOVED to approve a negative determination for reason #3, Linda Haspel SECONDED.
ALL IN FAVOR.
Administrative Review Filed by Thomas Micelli, 25 Cove Road. Amy Usowski said the site was not flagged, and if they couldn’t see what they were proposing to do then they don’t have to vote if they are not clear.
Certificate of Compliance requested by Joseph Clancy, Candlewood Drive. Driveway installation.
Amy Usowski said the applicant used small rip rap area for the vegetated buffer, and said there should be no erosion. Sandra Larsen said the planting is all grass and the disturbed area is supposed to have what was detailed in the Notice of Intent filing.~
The commission decided to hold on voting, Amy Usowski said they are supposed to use conservation mix, so they~need to re-seed.
~6:30PM
Request for Determination of Applicability filed by Beth Graga. Applicant proposes upgrade to a septic system at property located at 32 I Dee Ho Lane, Map 10, Parcel 317.
The applicant said this is for a septic repair and no work is associated with the house, and the limiting factor is the well. The only place is to put the well they have a work limit line and they will vegetate after, the 100’ buffer is just beyond the tank and they will go back and forth with an excavator. Amy Usowski asked to have the work limit a little closer the area has all the indicators of a large vernal pool. David Hoerle asked where the excavated material would go and the representative said she did not know and they could condition it be left outside of the buffer. Linda Haspel asked how many trees would be compromised and the representative said one would be compromised definitely but they are out of the buffer zone.
Steve LaBranche MOVED to approve a negative determination for reason #3, Linda Haspel SECONDED.
ALL IN FAVOR.
6:40PM
Notice of Intent filed by George and Susan Amato. ~Applicant proposes an after-the-fact filing for work under an Emergency Certification in 10/19/2010 and additional work. ~Work includes re-locating the existing dwelling and construction of two additions, deck, stairway and elevated walkway within a coastal dune at property located at 95 Harmes Way, Map 1, Parcel 101.
Jason Ellis represented the applicant and said the house has been lifted and placed on cribbing, the foundation has been removed and they have mitigated with sand and beach grass. He continued to say they have filed a notice of intent so they can finish the project and install the new foundation. Amy Usowski said they had not gotten a letter from Natural Heritage, or heard from DEP so they cannot vote. She also asked why they picked the area they for the house and how does the project meet the performance standards for the dune.
Jason Ellis responded they are 6’ above grade to allow the dune to migrate under the structure and they are moving the house straight back as it was the area that was the most level and it is in a previously disturbed area, and moved away from the septic system. They will have a lot more storm damage protection. Amy Usowski asked Fred Ambrose relating to submit photos about the project, and work areas that had been de-stabilized needed to be replanted with beach grass within the week. Fred Ambrose noted the poor weather and they would be happy to plant. Amy Usowski asked for the area where the excavator was destabilized is to be re-vegetated and re-iterated that it was supposed to be according to the orders from the emergency permit. Fred Ambrose said they are staying in the confines of where they are working they are
going to have to bring in steel and they are staying in the driveway area and they were being very careful around the grass and a portion will have to be replanted. Sandra Larsen said she saw nine orders of conditions were not followed in part or completely. Sandra Larsen also said she thought they should be talking about some violations and requested a construction protocol and performance standards. Fred Ambrose said they were in compliance with the project they are using large equipment and sited again the poor weather conditions and he felt the commission is picking apart the project, and they will plant the entire site. David Hoerle said they are trying to simplify the issues and it is important to the commission to assist the process and he respected Sandra’s detail but it stands in the way of completing the project. Sandra Larsen said they are not details they are the Orders of Conditions they have for every project. David Hoerle said to her that the contractors
are dealing with weather and there has to be a little flexibility. Fred Ambrose said they notified the commission of the work they were doing, and met them on site multiple times on emergency meetings and on weekends, and they were supervised by the board during every step of the project the and they worked to the best of their ability under the circumstances. Fred Ambrose said he felt they were being attacked, and they did notify the board and they stayed within the Order of Conditions as they were addressed on-site and all the commissioners were at the site.
Jason Ellis suggested Amy Usowski and him to meet and get the site to where the commission thinks they think it should be so they can close out the emergency order and move on to the new project. Fred Ambrose said he took the a large picture of the project and he would not have taken such pictures of the project to show the commission at the meeting if he thought he was in violation of the conditions or that he had something to hide and to be picked apart is humiliating. Fred Ambrose said they will move forward with the project with food faith.
Steven LaBranche MOVED to approve a continuance until December 28, 2010, Linda Haspel SECONDED.
ALL IN FAVOR.
7:40PM
Notice of Intent filed by Frank and Janet Bianco. ~Applicant proposes revetment improvements within the 100’ Buffer Zone to a coastal dune at a property located at 290 Salt Works Rd, Map 04, Parcel 05.
Jay Norton from Coastal Engineering represented the applicants and said he was there with the attorney of the applicants. He said the the proposal involved the coastal bank and dune and there is a pre 1978 dwelling and they have a stone revetment and they have a stand drift fence to protect the dune, and one portion of the property is well vegetated and woods hole group submitted a determination that the revetment is a vertical buffer that is preventing any sediment it is not acting as a dune, however to the north there is a dune that is functioning. He then said there is overtopping and scouring during storms and the end of the existing revetment is encroaching on part of the house and roadway and they propose to raise the existing revetment from elevation 14 to 18 and they proposed to build a return similar to the Coletti
property. They are offering 5,700 sq ft of beach grass plantings as mitigation and equipment would come in from sunken meadow with an excavator and front end loader. He then went over the performance standards for the project and said he felt they meet the standards and they did look into alternatives but it is not feasible to fiber rolls.
8:00PM
Continuation of Hearing on Notice of Intent filed by Marcella Gumbel. Applicant proposes a rock revetment at property located at 205 Shurtleff Road, Map 7, Parcel 195.
There was discussion regarding the alternatives analysis where the applicant addressed how moving the house back could be worse environmentally versus building a rock revetment with adequate sand nourishment. There was discussion about the amount of sand nourishment required and how the calculation was done. 51 cubic yards of sand need to be added annually. There was also discussion regarding whether they could nourish from the top down as they had done historically through their property, and the Commission decided that they could.
Vivien Cook MOVED to approve the project with the discussed conditions and Steve LaBranche SECONDED.
ALL IN FAVOR.
8:15PM
Continuation of Hearing on Notice of Intent filed by Anthony Julian, MAF Realty Associated. Applicant proposes construction and maintenance of a stone revetment to replace existing sand bags at property located at 15 Shurtleff Road, Map 10, Parcel 231.
There was discussion on adequate sand nourishment for the project and the installation of a benchmark to monitor the level of the beach. 110 cubic yards of sand will need to be added at minimum each year. There was discussion on how to prevent damage to Thumpertown Beach and the parking lot above. Annual monitoring report on the beach level would need to be submitted by the applicant. If the beach level remains low then the annual sand nourishment requirement will need to be modified.
Steve LaBranche MOVED to approve the project with the discussed conditions and Vivien Cook SECONDED.
ALL IN FAVOR.
8:30PM
Request for an Amended Order of Conditions filed by the Massasoit Hills Homeowners Association. Applicant proposes to amend the existing orders to construct a stairway and handrail at the Association’s beach property located at Salt Works Road, Map 04.
There was discussion on whether it would be built in the same footprint with the same footings. It would be in the same footprint but a couple footings may need to be re-dug.
Linda Haspel MOVED to approve the amended order and Sandra Larsen SECONDED.
ALL IN FAVOR.
Continuation of Hearing on Notice of Intent filed by Rosamund Thomas. Applicant proposed erosion control and bank nourishment within 100’ of a salt marsh, on a Coastal Bank, and Land Subject to Coastal Storm Flowage at property located at 455 Mary Chase Road, Map 18, Parcel 80A.
The Conservation Commission requested to know number, size, and species of native plants to be put in, and the applicant provided this.
Sandra Larsen MOVED and Vivien Cook SECONDED the motion to approve the project.
ALL IN FAVOR.
Respectfully Submitted,
Shana Brogan
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