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