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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