HomeMy Public PortalAboutConscom 2017-08-15 Orleans Conservation Commission
Town Hall, Nauset Room i? U Lv 2:14 Pti
Hearing, Tuesday August 15, 2017
ORLEANS TUN CLERK
Present: Rich Nadler, Chair; Mike Brink, Vice-Chair; Charles Ketchuck, Clerk; Judith
Bruce, Member; Walter North, Member; Donelle Denery, Member; Ginny Farber,
Member; Eric Ehnstrom, Associate Member; John Jannell, Conservation Administrator.
8:30 a.m. Call to Order
Notices of Intent
Pleasant Bay Community Boating 661 South Orleans Rd.
By J.M. O'Reilly & Associates, Inc. Assessor's Map 96, Parcel 16. The proposed
construction of a permanent pier with a seasonal ramp and float in the waters of
Pleasant Bay. Work will also include improvements to vehicle access associated with
handicapped accessibility. Work will occur on a Coastal Beach, Coastal Bank, Land
Under Ocean, Land Containing Shellfish, and Land Subject to Coastal Storm Flowage.
John O'Reilly of J.M. O'Reilly Associates, and Ted Baylis and Charles Sumner
of Pleasant Bay Community Boating were present for the meeting. Judith Bruce
disclosed she is a member of PBCB but has no financial relationship other than
membership. John O'Reilly gave a brief explanation of the pros and cons of a seasonal
dock vs. permanent dock. He stated the intention of the proposed dock is to provide
accessibility to all levels of physical ability. John described the dimensions of the dock,
pier, and float and explained the purpose of their components. The kayak launches will
provide assistance in and out of the water, and a staging area will provide room for
wheel chairs and equipment.
Rich Nadler stated there are two parts to this application, the first being the dock
and pier itself, and the second is the drop off area on the street side. Judith Bruce asked
how a wheel chair would get from the drop off area to the dock as there is a fence
running the length of the walkway. John stated the fence shown on the plan is incorrect
and will be fixed to show breaks where members can enter the walkway and access the
dock. Judith also mentioned her observation of a 3-4ft grade difference from the gravel
drive to the retaining wall, making it difficult for a wheelchair to maneuver that incline.
John stated the grade will be carried from the driveway to the retaining wall, making the
walkway at street level. Mike Brink asked where rain water would be directed so as to
not flow into the bay, John O'Reilly stated there will be a slight pitch to direct the flow
into the gravel drop off area. Mike said over time gravel drives become impervious, and
suggested there would need to be either a catch basin or dry well for future runoff.
Walter North stated that this is a large, complicated project with what appears to be
many adverse effects. Mitigation of some sort would be encouraged to offset possible
negatives. Judith Bruce asked if the proposed raised island in the drop off area could be
changed to a rain garden perhaps. Ginny Farber stated her concern for the excavation
that is proposed within the ACEC. Rich Nadler inquired as to who would have access to
this dock. Ted Baylis stated a membership would be required, however anyone can
become a member for a small, modest fee. Charles Sumner added for those who
cannot afford a membership, PBCB has scholarships it can award people. The goal is to
make the opportunity possible for anyone. Rich Nadler stated his concern for the
deviation from what the regulations allow pertaining to docks and piers. The size of this
structure is much larger than what the regulations state. The proposed dock and pier is
nearly double of what the regulations allow, and the proposed float is nearly three times
the size of what is allowed. Rich asked the applicants to explain why the structure would
need to be of that scale. Ted Baylis explained PBCP has around 50 various watercrafts
that have the potential to be used by a large amount of people at any given time. Also,
in order to accommodate wheel chair access and provide the ability to maneuver safely,
the length of the pier is necessary to keep the ramp incline as little as possible during
low tide. The size of the float is dictated by the need to allow space for two sailboats at
at the same time on one side since wind directions will confine docking to only one side
of the float. Rich asked if there would be use of the dock in winter months. Ted
explained there will be programs in the shoulder seasons. Ginny Farber related her
experiences on airplanes that use different wheelchairs in the narrow aisles of the
plane. She wondered if alternatives such as that could be applied here. Ted said it was
something the group could look into Ginny also asked if PBCB would need to apply for
another license. Ted stated the DEP is requiring a new license. John Jannell also stated
this would require a new license and suggested the Commission should request
comment from the Pleasant Bay Alliance in regards to this project. Judith Bruce
suggested the shellfish constable be contacted for comment as well. Walter North
asked if the area where the dock is located is becoming unstable and would there be
any implications from the proposed pier. John Jannell said there is the possibility of
energy disruption but there is a CES behind the proposed pier. Rich Nadler brought up
his concern about the fate of the PBCB dock should the property change hands down
the road. The intentions of the potential future owners are unknown. How could they
ensure the pier would not be used for anything other than what has been requested with
this application. Rich suggested if the project was scaled down, the pier would be less
likely to be used for other things, ie marina. Ted suggested the Commission could
condition the project but Rich said it would be hard to enforce down the road with a
different board. John O'Reilly stated he would provide alternatives relating to Ginny
Farbers suggestion, would look at mitigation options, rain water runoff options, and put
together volume calculations.
Motion: A motion to continue the Public Hearing to the Meeting on 9/12/17 was made
by Judith Bruce and seconded by Charles Ketchuck.
Vote: 7-0-0
F. Naomi Weinberg & Edward B. Berk 16 Hayward Ln.
By Coastal Engineering Co., Inc. Assessor's Map 50, Parcel 4. The proposed raze and
replace of the existing single family dwelling and guest house with amenities. Work will
occur within 100' of the Top of a Coastal Bank, Land Subject to Coastal Storm Flowage,
and within the Pleasant Bay ACEC. The applicant has requested to continue this
hearing to the meeting on 8/22/17.
Motion: A motion to continue this Public Hearing to the Meeting on 8/22/17 was made
by Mike Brink and seconded by Charles Ketchuck.
Vote: 7-0-0
Continuations
Stephen and Lisa Goetze 191 Rock Harbor Rd.
By J.C. Ellis Design Co., Inc. Assessor's Map 17, Parcel 71. The proposed second
story addition onto an existing dwelling, removal of invasive plant species, and
replacement with mitigation plantings. Work will occur within 100' to the Edge of a Salt
Marsh, the Top of a Coastal Bank, and Land Subject to Coastal Storm Flowage.
Motion: A motion to continue the Public Hearing to the Meeting on 8/22/17 was made
by Mike Brink and seconded by Charles Ketchuck.
Vote: 7-0-0
Anne L. Donaldson Trust and David C. Donaldson Trust 86 & 90 Freeman Ln.
By Ryder and Wilcox, Inc. Assessor's Map 1, Parcel 7 & 8. The after-the-fact bank
stabilization utilizing vegetated soil filled biodegradable bags. Work occurred on a
Coastal Bank and on Land Subject to Coastal Storm Flowage.
Motion: A motion to continue the Public Hearing to the Meeting on 8/22/17 was made
by Judith Bruce and seconded by Walter North.
Vote: 6-1-0 Charles Ketchuck opposed the motion.
Administrative Reviews
Peter Van Oot & Alice Worth 25 Blueberry Island Rd.
The proposed removal of grape vines and bittersweet. Work to be done by applicant.
Motion: A motion to approve the Administrative Review was made by Mike Brink and
seconded by Judith Bruce.
Vote: 7-0-0
William Reiher 7 Richwood Farm Ln.
The proposed removal of two dead trees. Work to be done by Black Duck Landscape.
Motion: A motion to approve the Administrative Review was made by Judith Bruce and
seconded by Charles Ketchuck.
Vote: 7-0-0
Warren Waugh 35 High Tide Ln.
The proposed removal of 4 dead cedar trees. Work to be done by James Kearing. The
Commission requested replacement trees due to the location of the cedars.
No action was taken at this time. The discussion is moved to the meeting on 8/22.
Orleans Conservation Trust 65 Old Duck Hole Rd.
The proposed removal of invasive purple loose strife. Work to be done by Wilkinson
Ecological Design.
Motion: A motion to approve the Administrative Review was made by Rich Nadler and
seconded by Judith Bruce.
Vote: 7-0-0
Steve Jablon 14 Pine Ridge Ln.
The proposed construction of a barn and deck located just inside the 100' buffer, and
removal of approximately 10 saplings. Work to be done by Minot Reynolds.
Homeowner Steve Jablon explained because of the septic placement, the
proposed location for the barn seems the most reasonable.
Motion: A motion to approve the Administrative Review was made by Charles Ketchuck
and seconded by Donelle Denery.
Vote: 7-0-0
Jeffrey and Karen LaVoie 6 Sky Meadow Dr.
The proposed removal of a wooden deck and adjacent gravel patio, and replacement
with permeable pavers. Work to be done by homeowner. Charles Ketchuck recused
himself from the discussion. The Commission requested more information regarding the
use of machinery on the property. No action was taken at this time. The discussion was
moved to the meeting on 8/22/17.
Chairman's Business
Approval of the Minutes from the Meeting on 8/8/17
Motion: A motion to approve the minutes from the Meeting on 8/8/17 was made by
Judith Bruce and seconded by Rich Nadler.
Vote: 7-0-0
Motion: A motion to adjourn the Public Hearing was made by Rich Nadler and
seconded by Judith Bruce.
Vote: 7-0-0
The meeting was adjourned at 10:23 a.m.
Submitted by,
Molly Bates, Principal Clerk, Orleans Conservation