HomeMy Public PortalAboutConscom 2018-03-06 '18hfAR21 8:39
Orleans Conservation Commission cs1
Town Hall, Nauset Room
Hearing, Tuesday March 6, 2018 ORLEANS TORN CLERK
Present: Rich Nadler, Chair; Mike Brink, Vice-Chair; Charles Ketchuck, Clerk; Donelle
Denery, Member; Ginny Farber (via live video feed); John Jannell, Conservation
Administrator.
Absent: Judith Bruce, Member; Walter North, Member; Eric Ehnstrom, Associate
Member
8:30 a.m. Call to Order
Notice of Intent
Pleasant Bay Narrows Trust 111 Davis Rd.
By Ryder &Wilcox, Inc. Assessor's Map 89, Parcel 23. The proposed removal of an
existing cottage, rebuild in different location on lot, installation of Title 5 septic system,
and pumping and abandonment of existing cesspool. Work will occur within 50' to the
Top of a Coastal Bank, in the flood zone, and in the Pleasant Bay ACEC.
David Lyttle from Ryder & Wilcox, Inc. and Mon Cochran, Trustee for the
Pleasant Bay Narrows Trust were present to represent the project. Mr. Lyttle gave a
brief background of the property and stated the replacement of the cottage is something
the Trustees have wanted to do for some time now. He explained that the site required
a variance from the Health Department as they had no other option but to place the
leaching area approximately 50ft from the resource area. Placement was also a result of
wanting to protect the large beech tree that resides close to the existing cottage. Mr.
Lyttle also stated that the storm over the weekend provided them with the opportunity
for tree removal to which he passed pictures of the damaged trees to the Commission.
Ms. Denery noted that it seems there is a large amount of habitat to be removed and
asked if the cottage could be moved closer to the road. Mr. Lyttle stated it is the request
of the Trustees to be as far from the paved drive as possible. Ms. Farber stated her
concern for the cottage in such close proximity to the top of the Coastal Bank and
wondered if it could be moved back. Mr. Nadler noted that there is not much area for
wildlife habitat left on the site. Mr. Lyttle reminded the Commission that the property
owners have put 69 acres in either a Conservation Restriction or left to the Orleans
Conservation Trust and loaded with habitat. Mr. Nadler asked how many trees were to
come down. Mr. Lyttle said there would be 12 trees removed in addition to the ones that
have come down in the recent storm. Mr. Nadler inquired whether there was a path to
access the beach, of which Mr. Cochran stated there has never been access to the
beach from this cottage. Mr. Ketchuck agreed with other Commissioners that the
cottage does need to be pulled back from the back as much as possible. Mr. Nadler and
Mr. Jannell requested information pertaining to the parking area and documentation of
plantings for the next meeting.
Motion: A motion to Continue the Public Hearing to the meeting on 3/13 was made by
Mike Brink and seconded by Charles Ketchuck.
Vote: 5-0-0 Roll Call Vote: Rich Nadler-yes, Mike Brink-yes, Charles Ketchuck-yes,
Donelle Denery-yes, Ginny Farber-yes
•
Continuations
Jill F. Teitelman 64 Winslow Dr.
By Ryder & Wilcox, Inc. Assessor's Map 91, Parcel 49. The proposed demolition and
rebuild of an existing single family dwelling. Work will occur within 100' to a vegetated
wetland, and within the Pleasant Bay ACEC.
Adrian Punch from Harrow and Seed Sustainable Landscapes and Russell
Holden from Ryder & Wilcox, Inc. were present to represent the project. Mr. Holden
explained that the revised plan includes the requested plantings by the garage, the
reconfiguration of the steps, revegetation south of the dwelling, and the two trees to be
removed. Mr. Brink and Mr. Nadler agreed that the requests had been fulfilled on this
new plan and it is ready to move forward.
Motion: A motion to close the Public Hearing was made by Mike Brink and seconded
by Charles Ketchuck.
Vote: 5-0-0 Roll Call Vote: Rich Nadler-yes, Mike Brink-yes, Charles Ketchuck-yes,
Donelle Denery-yes, Ginny Farber-yes
Motion: A motion to approve the project subject to Standard Conditions was made by
Mike Brink and seconded by Charles Ketchuck.
Vote: 5-0-0 Roll Call Vote: Rich Nadler-yes, Mike Brink-yes, Charles Ketchuck-yes,
Donelle Denery-yes, Ginny Farber-yes
James and Julie Rainey Welch 92 Tonset Rd.
By Ryder & Wilcox, Inc. Assessor's Map 26, Parcel 74. The proposed installation of
dug-in timber steps and removal of invasive vegetation. Work will take place on a
Coastal Bank and Land Subject to Coastal Storm Flowage. The Applicant requested a
three week Continuance.
Motion: A motion to Continue the Public Hearing to the meeting on 3/27 was made by
Mike Brink and seconded by Donelle Denery.
Vote: 5-0-0 Roll Call Vote: Rich Nadler-yes, Mike Brink-yes, Charles Ketchuck-yes,
Donelle Denery-yes, Ginny Farber-yes
Revised Plans
Weeset Realty Trust 13 Weeset Proprietor's Way
The proposed removal of invasive species followed by restorative planting. Work will
occur on a Coastal Bank, Salt Marsh, Land Subject to Coastal Storm Flowage, and
within the buffer zone to the Top of a Coastal Bank. The proposed revision includes
regrading to a section of recently eroded coastal bank.
Caitrin Higgins from Wilkinson Ecological Design was present to represent the
project. She explained the coastal bank was compromised during a storm in January.
This revised plan addresses the impacts resulting from said storm. They are proposing
to regrade and blanket areas damaged from the storm and remove the cedar trees that
are being compromised on the bank. The trees will be replaced on the property
somewhere farther from the effects of erosion. Ms. Higgins mentioned the areas where
permission was granted to place blankets before had weathered fine in this storm but
the rest needs a bit of re-contouring. Mr. Nadler stated he did not have a problem with
what was being proposed but would like more trees planted to replace the cedars. Ms.
Higgins stated the cedars are planned to be replaced one for one and the applicant
would like to plant as soon as possible. Mr. Nadler asked the size of the replacement
trees and could more trees be added to the bank to provide better stabilization. Ms.
Higgins stated the replacement trees would be 5-6ft in height and felt since a few of
those cedars blew over in the storm, the best option is to retreat them from the bank a
bit. Ms. Higgins asked the Commission if they would be satisfied with those new trees
being planted in the 50'-100' buffer. Mr. Nadler suggested it might be more appropriate
to locate them in the 50'-75' buffer or along the 75' line.
No vote was taken at this time. The applicant will return with a revised plan showing tree
locations for the next meeting on 3/13.
Patrick Reagan 63 Kenneth Ln.
The proposed reconstruction of an existing dwelling, reconstruction of an existing
boathouse, and Coastal Bank restoration including installation of fiber rolls and planting.
Work will take place on a Salt Marsh, Coastal Beach, Coastal Bank, Land Subject to
Coastal Storm Flowage, within the Pleasant Bay ACEC, and within the 100' buffer to the
Top of Bank. The proposed request includes the revision of construction protocol for
demolition of the boathouse.
Mr. Nadler stated for the record that he is President of the Mayflower Point
Association and asked the Applicants if they would like him to recuse from this hearing.
Brad Malo from Coastal Engineering stated he was comfortable with Mr. Nadler in
attendance since the project has already been approved. Mr. Malo explained that what
they have is a revision to protocol only referring to the demolition of the boathouse. Brad
said what they have now is a supplemental protocol that only speaks to the demolition
of the boathouse. The original plan was to access the boathouse via barge over the
marsh. The revision includes the use of a crane in lieu of the barge. He explained that
no additional trees would need to be removed, the crane would use the existing
driveway to access the work area, and no change in the Limit of Work would be
necessary. Mr. Malo described the process in which the work would be done. He noted
the roll-off containers used for removal of materials would not be placed on the beach
area, but stay suspended by crane. Mr. Jannell asked whether the crane would need
steel plates for support during this process. Matt Cole from Cape Associates said he
was unsure at this time mentioned the area where the retaining was to be removed
would need some sort of support. Mr. Brink inquired as to how long the demolition and
crane use was expected to last. Mr. Cole stated he hoped for one work week. Mr. Brink
asked how new materials would be brought down to the site. Mr. Cole stated materials
would be transported by hand over the walkways that currently exist.
Motion: A motion to approve the plan showing the revised construction protocol was
made by Mike Brink and seconded by Charles Ketchuck.
Vote: 5-0-0 Roll Call Vote: Rich Nadler-yes, Mike Brink-yes, Charles Ketchuck-yes,
Donelle Denery-yes, Ginny Farber-yes
Extension Request
WDM LLC 158 & 160 S. Orleans Rd.
The proposed construction of a new single family dwelling, septic, garage, and
associated utilities on 160 South Orleans Rd., the relocation of the existing driveway
from 160 to 158 South Orleans Rd., and the installation of underground utilities on 158
South Orleans Rd. Work will occur within 100' of an Inland Wetland and a Potential
Vernal Pool. The request is for the purpose of allowing more time to finalize the moving
of the driveway and utility lines.
Mr. Jannell reported that this was an approved Order of Conditions of which the
work has not started yet. This request is to extend the open Order for two years.
Motion: A motion to approve the request to extend the Order of Conditions for two
years was made by Mike Brink and seconded by Charles Ketchuck.
Vote: 5-0-0 Roll Call Vote: Rich Nadler-yes, Mike Brink-yes, Charles Ketchuck-yes,
Donelle Denery-yes, Ginny Farber-yes
Administrative Reviews
Robert Stein 51 Woodsneck Rd.
The proposed removal of one leaning pitch pine. Work to be done by Bartlett Tree
Services.
Motion: A motion to approve the Administrative Review was made by Mike Brink and
seconded by Charles Ketchuck.
Vote: 5-0-0 Roll Call Vote: Rich Nadler-yes, Mike Brink-yes, Charles Ketchuck-yes,
Donelle Denery-yes, Ginny Farber-yes
Basil Bourque 7 Blossom Ln.
The proposed reduction in heights of various trees to maintain view corridors. Work to
be done by Bartlett Tree Services.
Motion: A motion to approve the Administrative Review was made by Mike Brink and
seconded by Charles Ketchuck.
Vote: 5-0-0 Roll Call Vote: Rich Nadler-yes, Mike Brink-yes, Charles Ketchuck-yes,
Donelle Denery-yes, Ginny Farber-yes
Cynthia Kawie 36 Gibson Rd.
The proposed removal of one dying tree. Work to be done by Conquest Landscaping.
Motion: A motion to approve the Administrative Review was made by Mike Brink and
seconded by Charles Ketchuck.
Vote: 5-0-0 Roll Call Vote: Rich Nadler-yes, Mike Brink-yes, Charles Ketchuck-yes,
Donelle Denery-yes, Ginny Farber-yes
•
Ed Bagdonis 54.Beach Rd.
The proposed removal of one leaning locust, removal of bittersweet vines, and topping
of pine tree with vines. Work to be done by Treescapes Cape Cod.
Motion: A motion to approve the Administrative Review was made by Donelle Denery
and seconded by Charles Ketchuck.
Vote: 5-0-0 Roll Call Vote: Rich Nadler-yes, Mike Brink-yes, Charles Ketchuck-yes,
Donelle Denery-yes, Ginny Farber-yes
New Business
Mr. Jannell reported that the Department of Environmental Protection issued an
Emergency Declaration for post storm cleanups. As a result of the storm this past
weekend, the Town has a high profile project needing immediate attention pertaining to
the extensive erosion at Nauset Beach. The issue will be discussed at tomorrow nights
Selectmen's meeting. Mr. Brink asked if the emergency declaration allows for
homeowners to take care of damage on their own properties. Mr. Jannell stated that all
town by-laws still stand, therefore a notice is required from the homeowner stating what
it is they are planning to do. Work allowed under this declaration consists of removing
downed trees and uprooted trees. The work will then be authorized by the Conservation
office. He added that all post storm clean up must be completed by April 2.
Chairman's Business
Approval of the Minutes from the meeting on 2/20 and 2/27
Motion: A motion to approve the Minutes from the meeting on 2/20 was made by Mike
Brink and seconded by Charles Ketchuck.
Vote: 5-0-0 Roll Call Vote: Rich Nadler-yes, Mike Brink-yes, Charles Ketchuck-yes,
Donelle Denery-yes, Ginny Farber-yes
Motion: A motion to approve the Minutes from the meeting on 2/27 was made by
Donelle Denery and seconded by Charles Ketchuck.
Vote: 5-0-0 Roll Call Vote: Rich Nadler-yes, Mike Brink-yes, Charles Ketchuck-yes,
Donelle Denery-yes, Ginny Farber-yes
Motion: A motion to adjourn the Public Hearing was made by Mike Brink and seconded
by Charles Ketchuck.
Vote: 5-0-0 Roll Call Vote: Rich Nadler-yes, Mike Brink-yes, Charles Ketchuck-yes,
Donelle Denery-yes, Ginny Farber-yes
The Meeting was adjourned at 9:45 a.m.
Submitted by,
Molly Bates, Principal Clerk, Orleans Conservation