HomeMy Public PortalAboutConscom 2017-09-19 Rev '17 OCT 26 11:15t
Orleans Conservation Commission
Town Hall, Nauset Room
Hearing, Tuesday September 19, 2017
ORLEANS TOWN CLERK.
Present: Rich Nadler, Chair; Mike Brink, Vice-Chair; Judith Bruce, Member; Walter
North, Member; Donelle Denery, Member; Eric Ehnstrom, Associate Member; John
Jannell, Conservation Administrator.
Absent: Charles Ketchuck, Clerk; Ginny Farber, Member
8:30 a.m. Call to Order
Continuations
Marina Marelli, Trustee 4 Sea Breeze Ln.
By Safe Harbor Environmental. Assessor's Map 16, Parcel 13. The proposed raze and
replace of existing dwelling. Work will occur within 100' to a Bordering Vegetated
Wetland and the Inner Cape Cod Bay ACEC.
Gordon Peabody and Christina Smith from Safe Harbor Environmental, and
Trevor Pontbriand from Aline Architecture were present. Gordon stated they have
proposed many plantings around the property, some of which are located outside the
Commissions jurisdiction. For the driveway, the goal is to manage storm water. Stone
pavers will be placed over gravel and filter fabric along with native seed. After some
discussion, John Jannell and Mr. Peabody determined the ACEC line to be inaccurate
on the proposed plan due to an update in the datum. John Jannell then read into the
record public correspondence from abutter Lee Klotz whose main concern was the
impact this project may have on his property. Gordon addressed the letter of
correspondence and stated the abutters concerns are valid. He stated in his experience,
the Board of Health pays close attention to neighbors properties and does not miss
much. Rich Nadler asked if runoff along the retaining wall would be an issue, to which
Gordon stated it will be greatly reduced as a result of the mitigation throughout the
property. Judith Bruce said it would be nice to see some low growing shrubs along the
retaining wall. David Lyttle, member of the public, reported a correction to the prior
discussion about the datum change for the ACEC. Gordon stated he would produce a
revised plan showing the correction.
Motion: A motion to close the Public Hearing was made by Judith Bruce and seconded
by Donelle Denery.
Vote: 5-0-0
Motion: A motion to approve the project subject to the receipt of a revised plan showing
correct ACEC; and a revised planting plan showing native low-bush plantings along the
retaining wall, was made by Mike Brink and seconded by Donelle Denery.
Vote: 5-0-0
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.
David Lyttle from Ryder & Wilcox, Inc. and property owner Bob Donaldson were
present for today's discussion. Mr. Donaldson stated his objective today is to ask the
Commission for help in getting the project back into compliance. He stated his family
had discussed the possibility of constructing a new stairway for beach access, however
that would have resulted in a massive structure in the public view shed as well as not
address the ongoing erosion issue on the bank. Mr. Donaldson went on the read his
submittal which outlined a proposed remediation plan for the remaining work to be done
on the bank. Included was a mitigation plan, remediation strategy, on-going
maintenance plan, and a plan for additional work. He also suggested that if this project
proves successful, he could provide information so others could use this method of
erosion control. Dave Lyttle expressed that he thought the work the family did on the
bank was of good quality, albeit without permission from the Commission. Judith Bruce
stated in addition to working on the bank, a dead oak serving as habitat for wildlife was
taken down. That tree will need to be replaced in the same general area. She also
mentioned that in her years serving on the Commission, she does not remember the
Donaldsons receiving permission to mow over the edge of the bank. That practice will
need to stop and suggested native shrubs be planted to further stabilize the top of the
bank instead. That said, any further work will need to be applied for. Donelle Denery
asked if the installed bags were staked into the bank. Mr. Donaldson said some bags
have been staked with wooden stakes and some are done with re-bar. Judith suggested
a condition that stakes be removed if they are ever uncovered during a storm event. Mr.
Donaldson stated more bags need to be added in an area he was unable to finish.
There are also two other sections of scarp that would need to be fixed. Dave Lyttle
asked if they could file an amended Order of Conditions for the additional work. The
Commission discussed requiring a new NOI filing for additional work versus conditioning
the current filing. No conclusion was reached. Mr. Donaldson explained his reasons for
choosing to maintain the top of the bank with mowing and pruning. Donelle Denery
disagreed with Mr. Donaldsons techniques and suggested the applicant hire a
consultant to prove his methods.
Motion: A motion to close the Public Hearing was made by Mike Brink and seconded
by Walter North.
Vote: 5-0-0
John Jannell suggested Conditions for the Commission to consider pertaining to the
mowing of the bank, dislodging of bags, and annual monitoring reports.
Motion: A motion to approve the project subject to the Special Conditions that no
further work is to be done without a new filing; should bags be dislodged from bank,
staking shall be removed; and the removed oak tree shall be replaced with a native tree
of homeowners choice, was made by Mike Brink and seconded by Judith Bruce.
Vote: 5-0-0
The Commission continued to discuss additional Conditions to be included in the
previous Motion. John Jannell suggested a size requirement for the tree to replace the
oak. Judith said in regards to replanting the top of the bank in lieu of mowing, if mowing
does continue, there will be fines and the requirement that it be replanted.
•
Motion: A motion to Amend the previous Motion and include the additional Conditions
that the replacement tree be at least 3 inch in caliber or 6-8' in height and be planted in
the same area as previous oak; and an annual report be submitted to the Conservation
Administrator until the expiration of the Order, was made by Mike Brink and seconded
by Judith Bruce.
Vote: 5-0-0
Motion: A motion to issue no fines to the Applicant was made by Mike Brink and
seconded by Judith Bruce.
Vote: 3-2-0
Certificate of Compliance
Jennifer and Lance Vachon 20 Prides Path
SE 54-2391 Request for a Partial Certificate of Compliance. The construction of a new
deck with screened porch over existing deck. Work occurred within 50' to 100' to the
Top of a Coastal Bank.
John Jannell explained this application is only for a partial Certificate of
Compliance in order to move ahead with the sale of the property. He stated the deck
and screened porch have been completed, however, the mitigation plantings still need
to be installed and maintain survivability. Rich Nadler asked how to ensure the rest of
the work would be completed by the new owner. Walter North moved to deny the
request. John Jannell requested to pause the discussion and move to the next item in
order to wait for the applicants representative.
The discussion was revisited and Dave Lyttle from Ryder &Wilcox, Inc. joined
the discussion to represent the clients. Walter North stated the Commission needs
some sort of assurance that the remaining work will be completed by the new owner.
Dave said he could bring this up to the buyer agent and get his thoughts. Mike Brink
agreed with Walter and said his concern is the new owners may want something
different than what has been approved in the plans. John Jannell asked Dave Lyttle if
the hearing was continued to next week, could the rest of the shrubs be installed on the
property. Dave suggested he could provide a redacted contract from the company hired
to do the plantings.
Motion: A motion to continue the Public Hearing to the meeting on 9/26/17 was made
by mike Brink and seconded by Judith Bruce.
Vote: 5-0-0
Administrative Review
Nancy Burkert 7 Harbor View Ln.
The proposed annual removal of invasives and mowing of meadow grasses. Work to be
done by homeowner.
Motion: A motion to approve the Administrative Review was made by Mike Brink and
seconded by Donelle Denery.
Vote: 5-0-0
Chairman's Business
Approval of the Minutes from the Meeting on 9/12/17
Motion: A motion to approve the minutes from the meeting on 9/12/17 was made by
Walter North and seconded by Judith Bruce.
Vote: 5-0-0
Other Business
-Review and vote on proposed Conservation Restriction for 3 and 10 Oliver's Way
Liz Magliore from the Orleans Conservation Trust and Mark Robinson from the
Compact of Cape Cod were present for the discussion. Liz explained OCT will be
closing on this property very soon and then will closing on this property soon and will
then place it in a Conservation Restriction. The property will ultimately connect to other
existing conservation lands to create a 6 acre reserve. Mark stated he would ask for a
recommendation to selectman.
Motion: A motion to support the Conservation Restriction was made by Mike Brink and
seconded by Judith Bruce.
Vote: 5-0-0
Motion: A motion to have the Conservation Administrator prepare a letter of
recommendation to the Board of Selectmen was made by Judith Bruce and seconded
by Mike Brink.
Vote: 5-0-0
-Review Draft Findings and OOC for 16 Hayward Lane
John Jannell provide a copy of draft findings to the Commissioners for review. He
stated there would be a minor edit to the Special Condition pertaining to irrigation. The
Commission had no further comments for the draft findings.
-Discuss Superseding Order of Conditions for Cedar Pond flashboard installation
John Jannell stated the Superseding Order covers all the Conditions from the
previous Order. Mike Brink suggested an inquiry to the Chair of the Water Quality
Committee to clarify dates.
Motion: A motion to adjourn the Public Hearing was made by Mike Brink and seconded
by Donelle Denery.
Vote: 5-0-0
The meeting was adjourned at 10:40 a.m.
Submitted by,
Molly Bates, Principal Clerk, Orleans Conservation
•