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HomeMy Public PortalAboutConscom 2020-11-03Orleans Conservation Commission - `ji "•' ii =! Town Hall, Nauset Room Hearing Meeting, Tuesday, November 3, 2020 PRESENT: Chair Ginny Farber, Vice Chair Jack Kadzik, Clerk Judith Bruce, Member WalterLrqorxf 1..H N lu Member Bob Rothberg, Member Ron Mgrdichian, Member Mike Brink & Conservation Agent John Jannell ABSENT: Associate Member Alan Carrier 8:30 a.m. Call to Order Continuations Robert & Sally Roda 187 Namequoit Rd By Nauset Environmental Consulting. Map 70, Parcel 51. The proposed ongoing maintenance of existing shorefront protection. Work shall occur on a Coastal Beach and on a Coastal Bank and within Land Subject to Coastal Storm Flowage. ` Ms. Farber explained that the reason the project had been continued was because the project had not been issued a DEP number. The project had since been reviewed by the state and issued a DEP number so the Commission could proceed with a vote. No public comment was heard. MOTION: A motion to close the public hearing was made by Jack Kadzik and seconded by Judith Bruce. VOTE: 7 -0 -0 Unanimous MOTION: A motion to approve the project at 187 Namequoit Rd attaching the Conservation Commission findings and standard conditions was made by Jack Kadzik and seconded by Judith Bruce. References: Nauset Environmental Consulting Plan dated 10/2/2020. VOTE: 7 -0 -0 Unanimous Extension Request Glenn Clarke & Sharda Persaud 14 Winslow Dr By Ryder & Wilcox Inc., Map 93 Parcel 4. The proposed installation of a swimming pool, retaining wall, path, and mitigation plantings. Work will take place in the 50' and 100' buffers to the edge of a Bordering Vegetated Wetland and in the Pleasant Bay ACEC. Mr. Jannell explained the status of the project and that there was no work done in the backyard. Mr. Jannell had no concerns with the request but he thought the Order is likely to need a second request. There were no additional questions from the Commissioners. MOTION: A motion to approve the extension request for 14 Winslow Drive for the period of 1 year was made by Jack Kadzik and seconded by Judith Bruce. VOTE: 7 -0 -0 Unanimous Certificates of Compliance Jan W. Van Ess Trust — 2012 SE 54 -2122 40 Gesner Rd The proposed removal of an existing dwelling, construction of a single - family dwelling, garage, and installation of a new water line and paved driveway. Mr. Brady reported that the three conditions stipulated at the last hearing had been met, he sent a letter to the Conservation office to this effect. Mr. Jannell confirmed that the office received the escrow and letter and that he had completed a site visit. Mr. Jannell stated that the project can be found in compliance. MOTION: A motion to approve the Certificate of Compliance for 40 Gesner Road was made by Jack Kadzik and seconded by Judith Bruce. VOTE: 7 -0 -0 Unanimous Nina Gusack SE 54 -2395 34 Crystal Lake Dr The installation of decks and walkways and the replacement of existing wooden dug -in steps with stone steps. Mr. Jannell described his inspection and said the project is in compliance. MOTION: A motion to approve the Certificate of Compliance for 34 Crystal Lake Drive was made by Jack Kadzik and seconded by Judith Bruce. VOTE: 7 -0 -0 Unanimous Peter Budryk SE 54 -2446 156 Rock Harbor Rd The addition of a front porch and ramp, and addition of decks and ramps on the rear of the dwelling. Mr. Jannell described his inspection and said the project is in compliance. MOTION: A motion to approve the Certificate of Compliance for 156 Rock Harbor Rd was made by Jack Kadzik and seconded by Judith Bruce. VOTE: 7 -0 -0 Unanimous Douglas L. Henson SE 54 -2452 27 Weston Taylors Rd The installation of a pervious patio with mitigation plantings. Mr. Jannell described his inspection and said the project is in compliance. MOTION: A motion to approve the Certificate of Compliance for 27 Weston Taylors Rd was made by Jack Kadzik and seconded by Judith Bruce. VOTE: 7 -0 -0 Unanimous 2 James & Susan Trainor 48 Beach Rd Se 54 -1164 The construction of a single - family dwelling & septic system. Mr. Jannell described his inspection and said the project is in compliance. MOTION: A motion to approve the Certificate of Compliance for 48 Beach Road was made by Jack Kadzik and seconded by Judith Bruce. VOTE: 7 -0 -0 Unanimous James & Susan Trainor 48 Beach Rd SE 54 -1298 The construction of a foundation for garage and move garage to site. Mr. Jannell described his inspection and said the project is in compliance. MOTION: A motion to approve the Certificate of Compliance for 48 Beach Road was made by Jack Kadzik and seconded by Judith Bruce. VOTE: 7 -0 -0 Unanimous Administrative Reviews David C. Shear 19 Ruggles Rd Construct a pre -fab 8x12' shed on concrete blocks with 6" crushed stone base and driplines. Shed will be located partially on existing driveway. No tree or shrub removal is proposed. Mr. Jannell described his on -site meeting with the homeowner. Erin and David Chen and Janice Shear were present on the call. Ms. Shear described the reason why they are asking for a shed, citing the limited storage space on their property. She said their first choice would not be seen from the road and it would not require much ground disturbance. Mr. Jannell brought up the photos and described their locations. The first was just inside the 50' buffer zone (BZ). The second option would be tucked against the deck in a disturbed area but still inside the 50' BZ. The last location is roughly at the 75' BZ. Ms. Bruce appreciated that the first two options would be more convenient, but she would not be able to approve and additional structure within the 50' BZ, the 75' is the best choice from an environmental standpoint. Mr. North asked if you would be able to see the shed from Town Cove and Mr. Jannell said yes, a little bit, even though it is heavily vegetated. Mr. North noted that option A would be over an already disturbed area. Ms. Farber agreed but pointed out that at present that disturbed area is still pervious. She also pointed out that theyjust required someone to remove a shed in the 50' BZ. Mr. Rothberg asked if they could move the shed back 4' and get out of the 50' BZ and Mr. Jannell said no, because of the bank and the setbacks. Mr. Jannell said he could not support Option B because it would be a lot of disturbance, including excavation. Mr. North said he thought there might be a way to support Option A. Ms. Bruce said new footprint in the 50' BZ is not permitted. MOTION: A motion to approved Option A as the location for the proposed shed at 19 Ruggles Road was made by Walter North and seconded by Jack Kadzik. VOTE: 1 -6 -0 K MOTION: A motion to approve Option C as the location for the proposed shed at 19 Ruggles Road was made by Judith Bruce and seconded by Jack Kadzik. VOTE: 7 -0 -0 Other Business Meet with the Orleans Conservation Trust and Orleans Open Space Committee: Discussion of possible community preservation application for 66 Portanimicut Road. Steve O'Grady and Robert Cunningham were present to review the application. Mr. O'Grady reviewed the history of the lot and how the outside lots became preserved. Mr. Cunningham described his history with the project and open space. Mr. Cunningham said he thought the purchase would be incredibly important; it is a keystone parcel, it abuts conservation land to the north, it is across the street from Town conservation land to the south and Christian property is to the east. In the future it will link to property a private homeowner wants to donate. Mr. Cunningham said he and the open space committee endorse this purchase. The open space committee will be asking for $125,000. Town Meeting voted to approve 12 Peck's Way but won't be spending any money on that for FY2021. They are asking for an endorsement from the Conservation Commission. Mr. Jannell stressed that the Christian property is an underutilized Conservation property. The purchase of 66 Portanimicut will strengthen the access to the property. The lot is disturbed so could easily accommodate a parking area and he has discussed future trail opportunities with the Orleans Conservation Trust. Mr. Runyon pointed out that this property can serve as an overflow resource for Paw Wah landing use. MOTION: A motion to write a letter of endorsement to the Open Space Committee in favor of this application was made by Judith Bruce and seconded by Mike Brink. VOTE: 6 -0 -1 Mr. North abstained. Discuss partnership opportunities with Recreation Advisory Committee. Anne Sigsbee, Carol Counihan and Joan Francolini, representatives for the Recreation Advisory Committee (RAC), were present. Nathan Sears, Harbormaster, was present. Ms. Counihan said their goals for today were to get to the point where the Commission feels comfortable supporting the proposed bike rack, kayak rack, trail signage proposals. Ms. Farber clarified they would only be supporting the ones proposed on their properties. Mr. Carrier joined the meeting at 9:39 a.m. Ms. Sigsbee reviewed the kayak rack proposals. Ms. Sigsbee discussed the division of labor between the RAC and the Natural Resources Dept. She said they would roll this out slowly; the first 2 years would include proof of concept and maybe choosing 3 sites (she suggested Kent's Point, Mill Pond and Cove Road landing). She discussed that the goal is to have everyone carry in what they need (paddle etc.) but that eventually there may need to be storage. El Mr. Sears spoke regarding the administrative role of the Natural Resources Dept. He was supportive of a phased approach and wanted to be cautious of any unintended consequences if they move too fast. The racks will affect the waterways so the RAC should be sure the Shellfish and Waterways Committee is involved in the conversation. Ms. Bruce is concerned with enforcement of the permit and asked which party is going to be chasing down issues? Mr. Sears' recommendation was similar to the management of Hopkins, Sea Call, etc. where there is a group that takes over the compliance of the program and if people are noncompliant their permits will be revoked. He said a pilot program is very important to work out the potential kinks. Mr. Jannell asked if RAC has a concept of what other Towns are doing and Ms. Sigsbee said yes. Mr. Rothberg questioned the need for a kayak rack at Kent's Point he said perhaps they would be better served at a Town Landing where they can alleviate parking constraints. Ms. Sigsbee said the intent for Kent's point would be to take parking pressure off Lonnie's Pond. Ms. Farber asked what an application would look like and what does the RAC need from Conservation Commission? Ms. Counihan outlined what the application would look like. It would include: consistency with the wayfinding efforts in town; details on the racks; the general placement; costs to install. The actual placement would be handled later with a permit applcation to the Conservation Commission, Mr. Sears suggested putting a general application together instead of naming specific areas so that they don't paint themselves into a corner. Ms. Francolini said the RAC will request enough funding for 10 racks and if they don't use the moneythey give the money back. Ms. Francolini wanted to encourage as much biking in town as possible. Mr. Jannell was very supportive of getting bike racks at these sites. Ms. Counihan reviewed the RAC proposal for signage. Mr. Brink said the RAC would be looking for whether the Commission feels it's acceptable to put signage on Conservation properties. Mr. Sears suggested putting the physical property address on signage, specifically for making 911 calls to give to dispatch. Robert Cunningham said there is serious interest from the Open Space Committee in having more information available to residents regarding way finding. By providing access there will be a better balance of use on these properties. MOTION: A motion to send a letter of endorsement and support for the CPC application be sent to the RAC indicating the Conservation Commission's supports the placement of bike and kayak racks and trail signage both directional and interpretive on town -owned Conservation property, the exact placement of racks and signage will be determined if and when CPC funds are approved for these town -owned conservation locations was made by Mike Brink and seconded by Walter North. VOTE: 7 -0 -0 Mr. North left the meeting at 10:20 a.m. Discuss resubmission of 2019 Community Preservation application for conservation property signage improvements. MOTION: A motion to resubmit the application for signage to the CPC was made by Mike Brink and seconded by Judith Bruce. VOTE: 7 -0 -0 Unanimous Chairman's Business Meeting minutes of 10/20/20 MOTION: A motion to approve the minutes of 10/20/20, pending the edit from Ms. Farber, was made by Judith Bruce and seconded by Mike Brink. VOTE: 7 -0 -0 Unanimous MOTION: A motion to adjourn the public hearing was made by Judith Bruce and seconded by Jack Kadzik. VOTE: 7 -0 -0 Unanimous The meeting adjourned at 10:30 a.m. Submitted by: Kristyna Smith, Principal Clerk, Orleans Conservation F