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HomeMy Public PortalAboutConscom 2019-03-19 ORLEANS TOWN CLERK Orleans Conservation Commission Hall, Nauset Room '19 MAR 27 10'596i Hearing,Tuesday, March 19th, 2019 Present:Judith Bruce (Acting Chair); Ginny Farber (Member) via Skype; Rich Nadler (Member); Walter North (Member); Bob Rothberg (Associate Member); Ron Mgrdichian (Associate Member);John Jannell (Conservation Administrator) Absent: Mike Brink (Chair); Jack Kadzik (Member) 8:30 a.m. Call to Order Request for Determination Daniel Ward Lonnie's Pond By Ward Aquafarms. Assessor's Map 55, Parcel 32.The proposed deployment of year-one oysters with associated aquaculture gear in the waters of Lonnie's Pond. Work will occur in Land Under the Ocean, Land Containing Shellfish, and Land Subject to Coastal Storm Flowage. Dan Ward from Ward Aquafarms was present to represent the project. He explained the intent of the project is to repeat the same process that has been done for the past 3 years. Mr. Jannell noted the office had received two pieces of abutter correspondence. He read one letter into the record as the Commission had been previously provided with the second piece. Ms. Bruce asked for a report on bottom conditions.The Commission discussed who should be responsible for providing such reports. Harbormaster Nate Sears spoke to the location of the oyster bags and noted the arrays will move from year to year so deposits do not build up underneath the bags over time. Ms. Bruce noted SMAST is responsible for reporting and the Commission is still waiting on a report from last year. This proposal could be approved subject to receiving the required report. Abutter Brad Burdick expressed concern for the project and its disruption to Lonnie's Pond. Mr. Ward explained his approach for this year and maintained it would have a low impact on the pond and surrounding area. Selectman Alan McClennen noted the importance of this project as an alternative way to clean the waters of Orleans. Motion: A motion to close the public hearing was made by Walter North and seconded by Rich Nadler. Vote: 6-0-0 (Roll call vote: Ginny Farber-yes, Rich Nadler-yes,Judith Bruce-yes, Walter North- yes, Bob Rothberg-yes, Ron Mgrdichian-yes) Motion: A motion to issue a Negative Determination with the Condition that future projects will be approved subject to the receipt of water quality data reports, was made by Walter North and seconded by Rich Nadler. Vote: 6-0-0 (Roll call vote: Ginny Farber-yes, Rich Nadler-yes,Judith Bruce-yes, Walter North- yes, Bob Rothberg-yes, Ron Mgrdichian-yes) Notices of Intent Marsha Salett 100 Freeman Ln. By Ryder and Wilcox, Inc. Assessor's Map 1, Parcel 10. The proposed installation of dug-in timber steps, construction of a kayak rack, and invasive plant removal. Work will occur within 100' of a Salt Marsh, within Land Subject to Coastal Storm Flowage, and on a Coastal Bank. David Lytt le from Ryder and Wilcox, Inc., and Caitrin Higgins from Wilkinson Ecological Design were present to represent the project. Both explained the proposal. The Commission asked questions and voiced their concerns about the fence proposed for the top of the bank. Ms. Higgins stated she would talk with the client about the possibility of a temporary fence until plantings establish along the bank. Mr. North added he would like to see more trees planted where the cedars are proposed for removal.The Commission then discussed the swing set location and whether it would be considered a structure due to its size. Motion: A motion to Continue the public hearing to the meeting on 4/9 was made by Walter North and seconded by Rich Nadler. Vote: 6-0-0 (Roll call vote: Ginny Farber-yes, Rich Nadler-yes,Judith Bruce-yes, Walter North- yes, Bob Rothberg-yes, Ron Mgrdichian-yes) Benjamin and Angela Cavallo 12 Ewing Dr. By Ryder and Wilcox, Inc. Assessor's Map 96, Parcel 16& 26. The proposed construction of a single family dwelling and swimming pool. Work will occur within 100'to the Top of a Coastal Bank, a Salt Marsh, Land Subject to Coastal Storm Flowage, and within the Pleasant Bay ACEC. David Lyttle from Ryder and Wilcox, Inc. and Caitrin Higgins from Wilkinson Ecological Design were present to represent the project. Mr. Lyttle explained that the dwelling will be set back about 95' from the resource areas and will not likely be very visible. (Mr. North excused himself from the meeting at this time.) Ms. Higgins described the land management plan and components. Mr. Mgrdichian noted he observed numerous trees marked with white ribbon during the Commissions site visit.The applicants stated those were not of their doing and would be fixed to accurately represent the trees to be removed.The Commission discussed regulations pertaining to tree removal and filtered views. They were also concerned with the removal of trees and expanse of structures from property line to property line. Wildlife passage could be obstructed. Mr. Nadler requested elevations for the home wondering if with all the proposed tree removal, would it affect the public's view shed. Ms. Farber asked if there would be grading for the retaining walls or pool area. Mr. Lyttle said he would provide the Commission with a cross section for reference. Ms. Bruce requested more information pertaining to canopy trees and how much screening would be left when all is said and done. She was concerned there would not be enough. Motion: A motion to Continue the public hearing to the meeting on 4/9 was made by Rich Nadler and seconded by Bob Rothberg. Vote: 5-0-0 (Roll call vote: Ginny Farber-yes, Rich Nadler-yes,Judith Bruce-yes, Bob Rothberg- yes, Ron Mgrdichian-yes) Continuations Polly S. Keener 48 & 50 Nauset Heights Rd. By Ryder& Wilcox, Inc. Assessor's Map 21, Parcel 52.The proposed removal of a portion of existing driveway and replacement with new gravel driveway. Work will occur within 100'to the edge of a Vegetated Wetland. David Lyttle from Ryder and Wilcox, Inc. was present to represent the project. He notified the Commission that progress between the applicant and the Grandview Association is being made and requests a Continuance to 3/26. Motion: A motion to Continue the public hearing to the meeting on 3/26 was made by Rich Nadler and seconded by Bob Rothberg. Vote: 5-0-0 (Roll call vote: Ginny Farber-yes, Rich Nadler-yes,Judith Bruce-yes, Bob Rothberg- yes, Ron Mgrdichian-yes) Steven Deleonardis 77 Herringbrook Way By Safe Harbor Environmental. Assessor's Map 55, Parcel 40.The proposed installation of a stone step pathway and re-vegetation of adjacent areas. Work will occur within 100' to the edge of Pilgrim Lake and an Inland Bank. The Applicant requested to put this item on hold until the other representative arrives. Certificates of Compliance Marion and Carolyn Kennedy 96 Tonset Rd. SE 54-2119 The removal of invasive species, vista pruning, planting of native species, and establishment of view corridors. Work occurred on a Coastal Bank and within 100' of Land Subject to Coastal Storm Flowage. Motion: A motion to approve the Certificate of Compliance was made by Rich Nadler and seconded by Bob Rothberg. Vote: 5-0-0 (Roll call vote: Ginny Farber-yes, Rich Nadler-yes,Judith Bruce-yes, Bob Rothberg- yes, Ron Mgrdichian-yes) Myra Murphy 10 Beach Rd. SE 54-2062 The construction of a studio (on an existing foundation) with attached porch on sonotube footings, construction of a shed, and removal of invasive species. Work occurred within 100' of an Inland Wetland. Motion: A motion to approve the Certificate of Compliance was made by Rich Nadler and seconded by Bob Rothberg. Vote: 5-0-0 (Roll call vote: Ginny Farber-yes, Rich Nadler-yes,Judith Bruce-yes, Bob Rothberg- yes, Ron Mgrdichian-yes) Administrative Reviews Dave Reibstein 32 Arey's Ln. Proposed annual topping of locust and oak trees. Motion:A motion to approve the Administrative Review was made by Rich Nadler and seconded by Bob Rothberg. Vote: 5-0-0 (Roll call vote: Ginny Farber-yes, Rich Nadler-yes,Judith Bruce-yes, Bob Rothberg- yes, Ron Mgrdichian-yes) Andrew Barnard 50 Aspinet Rd. Proposed installation of a pool cover vault. Work to be done by Sisson Construction. Motion: A motion to approve the Administrative Review was made by Rich Nadler and seconded by Bob Rothberg. Vote: 5-0-0 (Roll call vote: Ginny Farber-yes, Rich Nadler-yes,Judith Bruce-yes, Bob Rothberg- yes, Ron Mgrdichian-yes) Continuation (previous item) Steven Deleonardis 77 Herringbrook Way By Safe Harbor Environmental. Assessor's Map 55, Parcel 40.The proposed installation of a stone step pathway and re-vegetation of adjacent areas. Work will occur within 100'to the edge of Pilgrim Lake and an Inland Bank. Ms. Bruce had previously noted the steps need to be changed to permeable material to prevent run-off cascading down into the pond.Joy Cuming from Aline Architecture was present along with Gordon Peabody and Kristyna Smith from Safe Harbor Environmental. Ms. Cuming stated she could change the material to gravel in between the timber steps. Mr.Jannell suggested approving the project subject to the receipt of a revised plan. Motion: A motion to close the public hearing was made by Bob Rothberg and seconded by Rich Nadler. Vote: 5-0-0 (Roll call vote: Ginny Farber-yes, Rich Nadler-yes,Judith Bruce-yes, Bob Rothberg- yes, Ron Mgrdichian-yes) Motion: A motion to approve the project subject to the receipt of a revised plan from Aline Architecture was made by Rich Nadler and seconded by Bob Rothberg. Vote: 5-0-0 (Roll call vote: Ginny Farber-yes, Rich Nadler-yes,Judith Bruce-yes, Bob Rothberg- yes, Ron Mgrdichian-yes) Administrative Review (cont.) Phil Mullen 148 Beach Rd. Proposed mowing of bramble for access to construction area. Work to be done by Shoreline Pools Inc. Motion:A motion to approve the Administrative Review was made by Rich Nadler and seconded by Bob Rothberg. Vote: 5-0-0 (Roll call vote: Ginny Farber-yes, Rich Nadler-yes,Judith Bruce-yes, Bob Rothberg- yes, Ron Mgrdichian-yes) Other Business Mr.Jannell explained the balloon ban will be on the Selectmen's agenda next week and requested representation from one of the Commissioners. Ms. Bruce announced the next meeting of the Dredge Committee will be held on 4/8 in the Nauset Room of Town Hall. Chairman's Business Approval of the Minutes from the meeting on 3/12 Motion: A motion to approve the Minutes from the meeting on 3/12 was made by Rich Nadler and seconded by Bob Rothberg. Vote: 5-0-0 (Roll call vote: Ginny Farber-yes, Rich Nadler-yes,Judith Bruce-yes, Bob Rothberg- yes, Ron Mgrdichian-yes) Motion: A motion to adjourn the meeting was made by Rich Nadler and seconded by Ron Mgrdichian. Vote: 5-0-0 (Roll call vote: Ginny Farber-yes, Rich Nadler-yes,Judith Bruce-yes, Bob Rothberg- yes, Ron Mgrdichian-yes) The meeting adjourned at 10:50 a.m. Il Submitted by: Molly Bates, Principal Clerk, Orleans Conservation