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HomeMy Public PortalAboutConscom 2019-04-23 ORLEANS TOON CLERK Orleans Conservation Commission '19 9 M Y ,21 Town Hall, Nauset Room ij Work Meeting,Tuesday,April 23, 2019 Present: Mike Brink (Chair),Judith Bruce (Vice-Chair), Walter North (Clerk), Rich Nadler (Member), Ginny Farber(Member), Bob Rothberg (Associate Member),Jack Kadzik (Member), Ron Mgrdichian (Associate Member),John Jannell (Conservation Administrator) 8:30 a.m. Call to Order Continuations Todd and Brooks Thayer 75 Arey's Ln. By Ryder and Wilcox, Inc. Assessor's Map 62, Parcel 84.The proposed construction of a new single-family dwelling with septic system. Work will occur within 100' to the Top of a Coastal Bank and the Edge of a Wetland, and within the Pleasant Bay ACEC. David Lyttle and Stephanie Sequin from Ryder and Wilcox, Inc. were present to represent the project. Mr. Lyttle informed the Commission of findings from the wetland assessment performed by Russ Holden.The Commission discussed new ACEC boundaries as a result of these findings and noted the garage and driveway would now be inside the ACEC. Commission members voiced concerns pertaining to run-off issues and structures within the ACEC. Many Commissioners agreed they were not in favor of the garage being located within the ACEC. They discussed alternatives such as moving the structure into the 75' buffer and requested Mr. Lyttle come back with some ideas. Ms. Farber also requested specs for the retaining wall for the next meeting. Motion: A motion to Continue the public hearing to the meeting on 5/14 was made by Judith Bruce and seconded Ginny Farber. Vote: 7-0-0 Emily Sayles& Kathy Ripin 110 Monument Rd. By Ryder and Wilcox, Inc. Assessor's Map 48, Parcel 71.The proposed installation of a new sewage treatment and disposal system. Work will occur within 100' to the Edge of a Pond, and within the Pleasant Bay ACEC. Russ Holden and Stephanie Sequin from Ryder and Wilcox, Inc. were present to represent the project. Mr. Holden explained the changes made since the last meeting, including septic and pump chamber location and vegetation removal. Some members expressed concern I very much disturbed. Ms.Sequin for this kind of activity in the ACEC since this site is already y q explained the septic and the benefits of this particular system. Mr. Jannell expressed that the disturbance is only temporary, and the site could be restored.The benefits of the new system are worth it. Ms. Farber said she would vote to approve the project if mitigation were offered. Mr. Jannell suggested a native, 2-inch caliper tree be planted inside the disturbed area. Motion: A motion to close the public hearing was made by Judith Bruce and seconded by Ginny Farber. Vote: 7-0-0 Motion: A motion to approve the project with the Ryder and Wilcox, Inc. Site Plan dated 4/18, and the Special Condition that a native 2-inch (or larger)tree be planted inside the area of disturbance, was made by Mike Brink and seconded by Ginny Farber. Vote: 4-3-0 (Mr. Rothberg, Ms. Bruce, and Mr. Kadzik opposed) Teresa Cochrane 118 Arey's Ln. By Ryder and Wilcox, Inc. Assessor's Map 63, Parcel 4. The proposed replacement of existing wood steps and installation of a stone sitting area. Work will take place on a Coastal Bank, within 100' of a Bordering Vegetated Wetland and the Edge of a Pond. Motion: A motion to Continue the public Hearing to the meeting on 5/7 was made by Judith Bruce and seconded by Ginny Farber. Vote: 7-0-0 Robert E. and Nancy J. Campbell,Trustees 76 Freeman Ln. By Coastal Engineering Inc. Assessor's Map 4, Parcel 1.The proposed installation of a rock revetment with fiber roll array, and planting of coastal grasses. Work will occur on a Coastal Bank, Coastal Dune, Coastal Beach, and Land Subject to Coastal Storm Flowage, and within 100' to a Salt Marsh. Catherine Ricks from Coastal Engineering told the Commission she met with Coastal Geologist, Greg Berman to go over existing conditions at the site. Mr.Jannell read the Commission Mr. Berman's report. He also noted the DEP had additional comments that Ms. Ricks would need to address. Ms. Bruce agreed with the report from Mr. Berman in that the existing fiber roll installation had proved to be very successful in the past.A revetment would seem unnecessary. Mr. North and Ms. Farber agreed. Mr. Nadler suggested the applicant consider regrading and replanting as an option.The Commission agreed that revising the design for the next meeting would be necessary. Motion: A motion to Continue the public Hearing to the meeting on 5/21 was made by Judith Bruce and seconded by Ginny Farber. Vote: 7-0-0 Timothy Delude 225 A & B Rock Harbor Rd. By J.C. Ellis. Assessor's Map 17, Parcels 88-1, 88-2.The proposed upgrade to an existing septic system. Work will occur within 100' of a Bordering Vegetated Wetland. Mr.Jannell reported the applicant was only waiting for DEP number of which they have received. 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 with the J.C. Ellis Design Site Plan dated 2/5/19 was made by Judith Bruce and seconded by Ginny Farber. Vote: 7-0-0 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 Lyttle from Ryder and Wilcox, Inc. and Caitrin Higgins from Wilkinson Ecological Design were present to represent the project. Caitrin explained the revisions made to the site plan.The Commissioners were pleased with the changes. Motion: A motion to close the public hearing was made by Judith Bruce and seconded by Ginny Farber. Vote: 7-0-0 Motion: A motion to approve the project with the Ryder and Wilcox, Inc. Site Plan dated 4/18/19, the Wilkinson Ecological Design Restoration Plan last revised 4/17/19, and the Wilkinson Ecological Design Land Management Plan last revised 4/17/19, was made by Judith Bruce and seconded by Bob Rothberg. Vote: 6-1-0 (Ginny Farber opposed) Certificates of Compliance Thomas and Theresa Healy 36 Arey's Ln. SE 54-2257 The removal of an existing garage and driveway, construction of a new garage, driveway, deck, pool with pool house, and mitigation plantings. Work occurred within 100' to the Edge of a Wetland, Coastal Bank, on a Coastal Bank, in Land Subject to Coastal Storm Flowage, and within the Pleasant Bay ACEC. Mr.Jannell explained that certain elements to the project did not end up being done. He suggested the Commission require an "as built" plan to keep in the file for future Commissioners to refer to. The request will be tabled until the Conservation department is in receipt of the new plan. Thomas and Theresa Healy 36 Arey's Ln. SE 54-2275 The remodeling of an existing dwelling. Work will occur within 100'to the Top of a Coastal Bank and within the Pleasant Bay ACEC. Mr.Jannell reported this project is in significant compliance without the need for an "as built" plan. Motion: A motion to approve the Certificate of Compliance was made by Judith Bruce and seconded by Ginny Farber. Vote: 7-0-0 Frank G. Cooper, Trustee 30 Sipson Island SE 54-565 Construction for access to an out of jurisdiction septic system. Ms. Farber and Mr. Nadler recused themselves. Motion: A motion to approve the Certificate of Compliance was made by Judith Bruce and seconded by Jack Kadzik. Vote: 6-0-0 (Ron Mgrdichian a voting member) Frank G. Cooper, Trustee 30 Sipson Island SE 54-728 The reconstruction and alteration of an existing timber stairway. Work occurred on a Coastal Bank. Ms. Farber and Mr. Nadler recused themselves. Motion:A motion to approve the Certificate of Compliance was made by Judith Bruce and seconded by Bob Rothberg. Vote: 6-0-0 (Ron Mgrdichian a voting member) Administrative Reviews Peter and Alice Van Oot 25 Blueberry Island Rd. Proposed removal of invasives. Homeowner, Pete Van Oot, explained his idea for the yard and his process for removing the invasives.The Commission determined the scope of the proposal was large enough to require an Amendment to an open Order of Conditions the homeowner currently has.They would also need to file an Extension for that Order as well to keep it open. Motion: A motion to Deny the proposal under an Administrative Review was made by Judith Bruce and seconded by Ginny Farber. Vote: 7-0-0 James Trainor 48 Beach Rd. Proposed removal of up to 6 dead white poplars. Work to be done by Bravo Tree Company. Motion: A motion to approve the Administrative Review was made by Judith Bruce and seconded by Ginny Farber. Vote: 7-0-0 Jamie Holden 14 Deer Run Proposed mowing of bittersweet and pruning of 4 trees. Work to be done by ABC Tree. Motion:A motion to approve the Administrative Review was made by Judith Bruce and seconded by Rich Nadler. Vote: 7-0-0 Brian Bates 15 Cross Rd. Proposed removal of two leaning locust, pruning of cedars for view purposes, and pruning of sucker growth from three oaks. Work to be done by A to Z Treez. Motion: A motion to approve the Administrative Review was made by Judith Bruce and seconded by Ginny Farber. Vote: 7-0-0 The Commission adjourned for a 5-minute break Other Business Discussion of Wetlands Working Group final report Rich Nadler and Ginny Farber recused themselves. Mr.Jannell reminded the Commission of Options A and B which were created in an attempt to clear up ACEC boundaries between state maps and the written boundaries.The Commission then discussed Town Counsel, Mike Ford's memo. Some Commissioners expressed concern with how to interpret his language. Mr. Rothberg suggested having Mr. Ford come in to explain. Mr. North suggested to motion for a Continuance of this discussion until Mr. Ford could be present. Mr. Rothberg reiterated the two options to the Commission as he was a member of the working group. Rich Nadler, acting as a resident of Mayflower Point, clarified some information for the Commission. Mr.Jannell said he would reach out to Town Counsel for clarification. Chairman's Business Approval of the minutes from the meeting on 4/9 and 4/16 Motion: A motion to approve the Minutes from the meeting on 4/9 was made by Judith Bruce and seconded by Ginny Farber. Vote: 6-0-1 (Walter North abstained) Motion: A motion to approve the Minutes from the meeting on 4/16 was made by Judith Bruce and seconded by Bob Rothberg. Vote: 6-0-1 (Ginny Farber abstained) 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 12:24 p.m. Submitted by: Molly Bates, Principal Clerk, Orleans Conservation