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HomeMy Public PortalAboutConscom 2018-10-16 '18 n ; 2.. 11 38(1y, Orleans Conservation Commission Town Hall, Nauset Room \CD"� ,/Ps se— Hearing,Tuesday, October 16, 2018 ORLEANS TRH CLERK Present: Mike Brink, Chair; Judith Bruce, Vice Chair; Walter North, Member; Ginny Farber, Member;Jack Kadzik, Member; Rich Nadler, Member;John Jannell, Conservation Administrator; Bob Rothberg, Associate Member 8:30 a.m. Call to Order Notices of Intent Andrew Barnard 49 Aspinet Rd. By Ryder &Wilcox, Inc. Assessor's Map, 22, Parcel 57.The proposed second floor expansion and renovations on existing footprint of dwelling. Work will occur within 50' to the Top of a Coastal Bank, a Bordering Vegetated Wetland, and within Land Subject to Coastal Storm Flowage. David Lyttle from Ryder& Wilcox, Inc. was present to represent the project. He explained the flood zone changes which create a coastal bank around the dwelling. The project consists of a complete interior renovation which in turn requires a change to the ridgeline of the existing roof. Motion:A motion to close the Public Hearing was made by Judith Bruce and seconded by Walter North. Vote: 7-0-0 Motion:A motion to approve the project subject to the Ryder&Wilcox plan dated 9/27/18 was made by Judith Bruce and seconded by Ginny Farber. Vote: 7-0-0 Town of Orleans DPW/NR End of Sparrowhawk Rd. & End of Mill Pond Rd. By GHD Inc. The proposed repaving and installation of new paving system, and installation of boulders at the Sparrowhawk Landing. Work will occur on Land Subject to Coastal Storm Flowage, within the Pleasant Bay ACEC, and within a Salt Marsh. The proposed installation of a seawall, repaving and regrading, and installation of stairs at the Mill Pond Landing. Work will occur on Land Subject to Coastal Storm Flowage, on a Coastal Beach, and within 100' of a Salt Marsh. Tom Daley, Director of DPW, and Russ Kleekamp from GHD, Inc. were present to represent the project. Mr. Kleekamp provided the Commission with aerial photos of the two landings. Mr. Brink suggested the discussion address one landing at a time starting with Sparrowhawk. Mr. Kleekamp explained the landing with regards to property lines and encroachment from vehicles over the years. He also went over such topics as materials used for paving and maintenance with yearly inspections. Mr. Brink suggested the boulders be extended closer to the water to prevent vehicles from driving down there.The Commission and Applicants discussed storm water run-off, grading, and the possibility of catch basins towards the top of the landing. Caroline ltzler, neighbor, agreed boulders along the southern edge would protect the marsh, and suggested a sign notifying people about the lack of parking available. Mr. Kleekamp reiterated the Commissions requests for the next hearing; boulders lining the southern edge, extension of honeycomb material, signage, and split rail fence or extra boulders farther up the flanks. Mr.Jannell added the possibility of a Special Condition for annual maintenance and inspection. Mr. Daley explained the conditions at the Mill Pond landing pertaining to erosion. Mr. Kleekamp suggested they view the Mill Pond proposal as just a discussion at this time in order to come back at a later date with modifications. He explained they looked at many options and came up with the possibility of adding a retaining wall with public stairs to access the beach. Mr. Nadler suggested they seek advice from a coastal bank expert on the best option for this location. Mr. Jannell asked for more information on where the resource area/coastal bank lines actually are. Steve Philips from the Mill Pond Preservation Committee expressed his concerns of parking loss and erosion. Ms. Goodwin, a resident, expressed her approval of the steps to the beach for better access.The Commission requested for the next meeting an overlay showing wetland delineations in relation to the stairs, etc., and the possibility of a soft solution instead of the retaining wall. Motion: A motion to Continue the Public Hearing to the meeting on 11/13 was made by Judith Bruce and seconded by Ginny Farber. Vote: 7-0-0 Continuations Jess Tucker 9 Standish Rd. By Coastal Engineering, Co. Assessor's Map 14, Parcel 5. The proposed installation of a stairway on a Coastal Bank. Work will occur on a Coastal Bank and within 100' of a Salt Marsh and Coastal Beach. Bob Rothberg recused himself. Jay Norton from Coastal Engineering and homeowner Jess Tucker were present to represent the project. Mr.Jannell reported that even though the Commission requested to hear the Applicants today, the National Seashore requested more time to review the delineations. Mr. Brink questioned how this project could meet performance standards with such components as machinery on the beach and bank, protection of the toe of the bank so it does not become destabilized, and construction on the bank slope. Ms. Bruce agreed and mentioned this will be a very high bar to approve.The Commission asked questions pertaining to revegetation of the bank and preventing erosion at the toe of the bank. Mr.Jannell reminded the Commission that they had requested evidence of denied access from neighbors with stairs within 500ft. of these proposed stairs. Mr. Nadler requested hardship evidence demonstrating the difficulty of using the association stairs approximately 800ft away. The Commission discussed the seemingly impractical proposal of the stairs ending above the foot of the bank where the property line stops, which in turn would force a person to jump from the stair down to the beach. Commission members agreed this would be a very hard project to approve due to factors including destabilization of the bank from the proposed construction and property line issues. Motion: A motion to Continue the Public Hearing to the meeting on 11/13 was made by Judith Bruce and seconded by Ginny Farber. Vote: 6-0-0 Martin Realty Trust 5 Standish Rd. By Coastal Engineering Co. Assessor's Map 14, Parcel 6.The proposed installation of a stairway on a coastal bank. Work will occur on Land Subject to Coastal Storm Flowage and on a Coastal Bank. Bob Rothberg recused. Jay Norton from Coastal Engineering was present to represent the project. He noted that he assumes the comments from the previous proposal will mimic this one as well. Mr. Brink reiterated the Commissions requests from the first meeting; proof of access denial from neighboring stair owners, alternatives to bottom of the stair, pipe and drywell locations, planting plan, and slope specifications. He noted the comments will be similar to the previous proposal with the same high bar to meet. Motion: A motion to Continue the Public Hearing to the meeting on 11/13 was made by Judith Bruce and seconded by Ginny Farber. Vote: 6-0-0 Extension Request Samuel and Nancy Scialabba 32 Harbor View Ln. SE 54-2304 The proposed installation of restoration plantings. Work will occur on a Coastal Bank. The request is for a 2-year extension. Motion: A motion to approve the two year Extension request was made by Judith Bruce and seconded by Ginny Farber. Vote: 7-0-0 Revised Plan Ted Berk and Naomi Weinberg 16 Hayward Ln. 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 revision includes the shifting of pool placement, addition of a spa, and reconfiguration of hardscape area. Homeowner Ted Berk and Jen Stephens from Matthew Cunningham Designs were present to represent the project. Ms. Stephens explained the components of the revised design; addition of a spa, expansion of the pool enclosure, and new planting bed designs.The Commission discussed the planting plan from the previously approved application. Mr.Jannell noted they will need a revised plan from Coastal Engineering for the file since what was presented today was technically not a revision of any of the recorded plans. Motion to accept this pulling species from the approved planting plan Motion: A motion to accept the revisions shown on the Matthew Cunningham Designs plan dated 10/3/18 and subject to the receipt of a revised plan from Coastal Engineering reflecting said revisions, was made by Judith Bruce and seconded by Ginny Farber. Vote: 7-0-0 Administrative Reviews Ronald Majewicz 15 High Tide Ln. The proposed removal of 4 trees and transplanting of one ornamental tree. Work to be done by Bravo Tree Co. Motion: A motion to approve the Administrative Review was made by Ginny Farber and seconded by Walter North. Vote: 7-0-0 Bruce Albert 47 &49 Sparrowhawk Rd. The proposed maintenance pruning of a view easement. Work to be done by Say-A-Tree. Motion:A motion to approve the Administrative Review was made by Judith Bruce and seconded by Ginny Farber. Vote: 7-0-0 Molly Jenks 25 Kenneth Ln. The proposed removal of one pitch pine. Work to be done by Jeff Norgeot. Motion: A motion to approve the Administrative Review was made by Ginny Farber and seconded by Judith Bruce. Vote: 7-0-0 Peter Black 40 Namequoit Rd. The proposed removal of 7 dead or dying trees. Work to be done by Kearing Landscape. Motion: A motion to approve the Administrative Review was made by Judith Bruce and seconded by Ginny Farber. Vote: 7-0-0 Craig Boyce 128 Monument Rd. The proposed removal and replacement of approximately 8 trees. Work to be done by A to Z Treez. Motion:A motion to approve the Administrative Review was made by Ginny Farber and seconded by Walter North. Vote: 7-0-0 Other Business -Discussion of approved Administrative Review for 34 Lake Drive Mr. Jannell explained that an Administrative Review for the removal of one tree was approved at 34 Lake Drive, however,the tree in question resides on private property. He noted while the Commission approved the removal of the tree, they do not grant the rights to perform work on private property. Martin Chulik, owner of the property the tree resides on requested the application process along with the application form be modified to prevent this kind of approval. -Vote to approve the spending of up to$550 from the Wetlands Protection Fund for the purpose of member attendance at the MACC Fall Conference. Motion: A motion to approve the spending of up to $550 from the Wetlands Protection Fund was made by Walter North and seconded by Ginny Farber. Vote: 7-0-0 Chairman's Business Approval of the Minutes from the meeting on 10/9 Motion: A motion to approve the Minutes from the meeting on 10/9 was made by Ginny Farber and seconded by Walter North. Vote: 7-0-0 Mr. North noted that the new Herring Run at Pilgrim Lake looks great but the water quality still remains an issue up at the pond. Mr. Nadler requested an agenda item regarding fertilizer run-off in the ACEC from abutting properties. Motion: A motion to adjourn the meeting was made by Judith Bruce and seconded by Ginny Farber. Vote: 7-0-0 The meeting adjourned at 10:56 a.m. Submitted by, Molly Bates, Principal Clerk, Orleans Conservation