HomeMy Public PortalAboutConscom 2017-11-21 Orleans Conservation Commission
Town Hall, Nauset Room
Hearing, Tuesday November 21, 2017 17 DEC 12 3 (J5?'rt
Present: Rich Nadler, Chair; Mike Brink, Vice-Chair; Charles Ketchuck, Clerk; JucIijbANS TOWN CLERK
Bruce, Member; Ginny Farber, Member; John Jannell, Conservation Administrator.
Absent Walter North, Member; Donelle Denery, Member; Eric Ehnstrom,
Associate Member
8:30 a.m. Call to Order
Request to Amend
Tom and Erin Flynn 51 Gosnold Rd.
By Ryder & Wilcox, Inc. Assessor's Map 45, Parcel 47. The construction of a single
family dwelling, installation of a septic system and utilities, and removal of dead and
fallen trees. A request has been made to Amend the Order to allow for the creation of a
view corridor.
David Lyttle from Ryder &Wilcox, Inc. and Nick and Jen Crawford from Jennick
Design were present to represent the project. Mr. Lyttle stated the owners would like to
perform minor trimming so as to improve the view and encourage wildlife habitat. He
noted that past policy from the Commission says they would like the applicant to return
at a later date after construction if they wish to improve any views. Mr. Nadler noted that
the project does not seem to be completed yet and the regulations state view clearing
will not be permitted until "after occupancy". Mr. Lyttle stated the homeowners have
spent hours on the site with the Crawfords to determine how to present this plan and
that the Commission has allowed this type of request in the past. Mr. Jannell and Mr.
Nadler read the regulation into the record, stating "view after occupancy". Mr. Crawford
explained the proposed land management plan shows minimal work on the Coastal
Bank and the removal of rosa rugosa at the edge of the Salt Marsh. They want to
improve the area by preventing the rosa rugosa to spread and naturalize. There are a
total of four trees to be removed between the Top of the Coastal Bank and the Limit of
Work, and the trimming of one pitch pine. At this time a motion was made by Mr. Brink.
, Motion: A motion to allow the Request to Amend was made by Mike Brink and
seconded by Rich Nadler.
Ms. Farber asked the specifics of what a motion to allow the amendment would mean.
She stated her vote may be a "no" as this does not seem the appropriate time to
request this type of work. Mr. Jannell noted that a Special Condition on the original
Order required that should the applicant request future tree removal, it would need to be
done as an Amendment to the Order, not under an Administrative Review application.
Therefore, if the Commission feels the request is not timed appropriately, the applicant
may have to re-submit at a later date.
Vote: Roll-Call vote: Ms. Bruce-yes; Mr. Ketchuck-no; Mr. Nadler-no; Mr. Brink-yes; Ms.
Farber-yes. 3-2-0
Ms. Bruce asked for clarification of which trees were to be removed from the view
corridor. Mr. Crawford clarified a mistake pertaining to tree count in the narrative and
stated a total of four are to be removed. Mr. Lyttle requested to meet the Commission at
the site to discuss what is being requested. Ms. Bruce stated the Commission was clear
when the Order was given, that they were not in favor of any more trees coming down
with an amendment due to the location of this property. Mr. Lyttle stated that screening
is much greater than they thought it would be at this point. Mr. Nadler expressed they
are trying to accommodate the request fairly and equally in accordance with what the
regulations state. Ms. Farber asked if there was a plan to maintain the paths that exists
currently on the property. Mr. Lyttle stated the paths have been maintained through
Administrative Reviews in the past and assumes the new owners will continue that
process. Mr. Brink noted he thought the path was to be abandoned with the original
Order. Mr. Jannell clarified that while there was discussion by the Commission in favor
of abandoning the path, it did not end up as a Condition on the Order. It may be wise to
address the path with this amendment. Discussion of the path ensued. Ms. Farber
suggested it may be helpful to the new owners to articulate how wide the path can be,
grooming, mowing, etc. Mr. Ketchuck noted a mistake in the narrative pertaining to tree
count. He also noted the homeowners may be doing themselves a disservice by
requesting to do this work now when the current view is already appropriate. The view
may be entirely different due to growth in the next 6-8 months when the owners decide
to move in. In addition, while he advocated for the construction initially, he stated
everyone was in agreement that there be no work in the 0-50' buffer. Mr. Brink asked
why the need to go down and remove the rosa rugosa at the bottom of the bank and
disrupt the habitat. Mr. Crawford stated it is a matter of whether they would rather have
native species or non-native species there. Kevin Galligan, trustee from the Orleans
Conservation Trust shared some historical information as well as specifics on the
involvement of the OCT pertaining to the Conservation Restriction the property once
held.
Motion: A motion to close the Public Hearing was made by Mike Brink and seconded
by Charles Ketchuck.
Vote: 5-0-0
Motion: A motion to approve the request to amend the OOC with the Special
Conditions that no work be done on the coastal bank, and the plan amended to have
path demarcated in terms of location, width, and maintenance was made by Mike Brink
and seconded by Ginny Farber.
Vote: No vote was taken.
Ms. Bruce stated at this moment she would vote against the motion as she
believes the only tree to come down should be the Norway maple and is opposed to
transplanting the vibernum. Mr. Nadler and Ms. Farber agreed. Mr. Brink started a
motion that included leaving the rosa rugosa as is and allowing removal of other
invasives on the bank. Mr. Nadler asked to pause the motion for discussion. He stated
the motions essentially rewrite the applicants proposal. The applicant should have the
opportunity to come back with revisions. Mr. Jannell and Ms. Bruce reminded the
Commission that since the Hearing is closed, they no longer have the option to continue
the hearing in order to let the applicant come back with said revisions. Ms. Farber stated
she would like to withdraw her"second" from the initial motion. A new motion was given.
Motion: A motion to approve the request to amend the OOC subject to the terms that
the rosa rugosa on the bank shall remain untouched, no transplanting of the vibernum
shall take place, all native trees proposed for removal shall remain, and subject to a
revised plan showing path specifications, was made by Mike Brink and seconded by
Judith Bruce.
Vote: 5-0-0
Requests for Determination
Howard Koff 36 Sea Mist Dr.
By Ryder &Wilcox, Inc. Assessor's Map 43, Parcel 7. Request for Resource Area
boundaries confirmation.
David Lyttle and Russ Holden from Ryder & Wilcox, Inc. were present to
represent the project. Mr. Lytt le stated they were the original engineers to deem the
area in question an Isolated Wetland for projects years ago. Mr. Holden explained that
when he visited the site this past July, he found sensitive fern but soil samples did not
determine this still a wetland. In August, Paul Shea from Independent Environmental
Consultants visited the site and determined the soils were not of hydric nature, and
therefore did not feel this was an Isolated Wetland, but an area of low topography. Mr.
Jannell explained that since this area was offered protection in the past, they want to be
certain about what remains there today. Ms. Bruce offered that the last couple of years
the water table has remained below normal due to dry weather, so if that had been a
wetland in the past, would there have been staining in the soil. Mr. Lyttle said yes. Ms.
Bruce inquired about the button bush found on site which is considered wetland
vegetation. Mr. Holden stated he had addressed that with Mr. Shea and they were
uncertain how the species could thrive there. Mr. Nadler stated they are open to the fact
that the area may no longer be a wetland however they would like an expert to weigh in.
Mr. Jannell suggested a professional wetland specialist who has expertise in soils. But
the hearing will need to be continued so one could be found. Paul Davis, an abutter and
previous owner of the property in question, gave a brief history of the property and
explained the wetland that existed when he was the land holder. He also expressed his
concern for the state of Harveys Pond and thinks special care should be considered.
The hearing will be continued to allow time for finding an outside consultant.
Motion: A motion to continue the Public Hearing to the meeting on 12/12 was made by
Mike Brink and seconded by Judith Bruce.
Vote: 5-0-0
George Smith and Jeanie Coe 31 Great Oak Rd.
By Ryder & Wilcox, Inc. Assessor's Map 36, Parcel 2. The proposed construction of a
deck adjacent to an existing garage. Work will occur within 100' to the Edge of a
Wetland and to a Vernal Pool.
David Lytt le from Ryder &Wilcox, Inc. and homeowner George Smith were
present to represent the project. Mr. Lytt le explained the owners occupy a small part of
this lot due to the vernal pool at the rear of the property. They would like to construct a
small deck approximately 82ft from the wetland. Mr. Lyttle and the Commission agreed
that instead of mowing the area, the deck would provide shade and habitat for the
animals that thrive near the vernal pool.
Motion: A motion to close the Public Hearing was made by Rich Nadler and seconded
by Charles Ketchuck.
Vote: 5-0-0
Motion: A motion to approve the project was made by Rich Nadler and seconded by
Judith Bruce.
Vote: 5-0-0
Certificate of Compliance
Daniel and Andrea Schmieg 13 Kingsbury Ln.
SE 54-2230 Request for a Certificate of Compliance. The reconstruction of an existing
boathouse; stabilization of an eroding bank; replacement of failing fiber rolls with
gabion/fiber roll toe protection; removal of invasive plant species, and replacement of
native species. Work occurred on a Coastal Bank, a Coastal Beach, Land Subject to
Coastal Storm Flowage, and within the Pleasant Bay ACEC.
Mr. Jannell reported that even though there is natural scarp happening, he thinks
the project is within compliance since it has held up. He suggested that if found in
compliance today, an agreement that all loose materials should be gathered and
removed from the site should be in place. Mr. Lipman from Wilkinson Ecological Design
stated that most materials have be picked up and will make sure it is completed.
Motion: A motion to approve the Certificate of Compliance was made by Charles
Ketchuck and seconded by Ginny Farber.
Vote: 5-0-0
Administrative Reviews
Phillip and Ellen Schmidt 6 Jones Rd.
The proposed upgrade to an existing septic system which includes installation of a
septic tank and pump chamber. Work to be done by Robert B. Our Co.
Motion: A motion to approve the Administrative Review was made by Ginny Farber and
seconded by Mike Brink.
Vote: 5-0-0
JoAnne Coyle 20 Briar Spring Rd.
The proposed removal of invasive vines and replacement with native plantings.
Motion: A motion to approve the Administrative Review was made by Mike Brink and
seconded by Charles Ketchuck.
Vote: 5-0-0
Jeanne McNett 31 Loomis Ln.
The proposed removal of one leaning tree, and pruning of vines in view easement.
Work to be done by Peter Lovell and homeowner.
Motion: A motion to approve the Administrative Review was made by Judith Bruce and
seconded by Charles Ketchuck.
Vote: 5-0-0
Meg's Ln. Association Meg's Ln.
The proposed removal of one tree. Work to be done by S & L Tree.
Motion: A motion to approve the Administrative Review was made by Charles Ketchuck
and seconded by Judith Bruce.
Vote: 5-0-0
John and Helen Page 26 Tides End Ln.
The proposed removal of one dying tree and three locust. The dying tree is to be
replaced with a native Dogwood tree. Work to be done by Mark Anderson.
Motion: A motion to approve the Administrative Review was made by Judith Bruce and
seconded by Charles Ketchuck.
Vote: 5-0-0
Chairman's Business
Approval of the Minutes from the meetings on 1117 and 11/14
Motion: A motion to approve the Minutes from the meeting on 11/7 was made by Judith
Bruce and seconded by Charles Ketchuck.
Vote: 5-0-0
Motion: A motion to approve the Minutes from the meeting on 11/14 was made by
Judith Bruce and seconded by Charles Ketchuck.
Vote: 5-0-0
Motion: A motion to adjourn the Public Hearing was made by Mike Brink and seconded
by Charles Ketchuck.
Vote: 5-0-0
The Meeting was adjourned at 10:15 a.m.
Submitted by,
Molly Bates, Principal Clerk, Orleans Conservation