HomeMy Public PortalAboutConscom 2020-07-07Orleans Conservation Commission
Town Hall, Nauset Room
Hearing Meeting, Tuesday, July 7, 2020 -- -
PRESENT: Chairman Mike Brink, Vice Chairwoman Ginny Farber, Clerk Judith Bruce, Member Jack
Kadzik, Member Walter North, Member Bob Rothberg, Member Ron Mgrdichian & Conservation
Agent John Jannell
8:33 a.m. Call to Order
Request for Determinations
Barnard Realty Trust -2000 5 Boulder Ln
By Ryder & Wilcox Inc. Map 87 Parcel 95. The proposed work includes the installation of a Title
5 septic system to replace an existing failing system. Work will take place within 100' to the
edge of wetland.
Judith Bruce recused herself because she is an abutter.
Stephanie Sequin was present and reviewed the application. Ms. Farber questioned the
area of driveway proposed for removal and Ms. Sequin responded that the area can be
replaced with pervious material. Ms. Farber also brought up the significant brush pile in the
buffer zone and that it should be removed.
No public comment was heard.
MOTION: A motion to close the public hearing was made by Ginny Farber and seconded by
Walter North.
VOTE: 6 -0 -0 Unanimous
MOTION: A motion to approve the project with a negative determination for 5 Boulder Lane with
a special condition the brush pile be removed was made by Ginny Farber and seconded by Walter
North.
VOTE: 6 -0 -0 Unanimous
Judith Bruce returned to the hearing.
Notices of Intent
Evan E. and Lois C. Evans, SE 54 -2502
16 Driftwood Ln
By Ryder & Wilcox Inc. Map 27 Parcel 26. The proposed addition to an existing garage. Work
will take place in the 100' buffer zone to the top of a Coastal Bank.
Stephanie Sequin was present and reviewed the application. Mr. Brink stated he would
like to see a 1:1 replacement of trees proposed for removal, preferably a native tree closer to
the water. Ms. Sequin said the proposed tree removals are an oak tree and a cedar bush. Ms.
Farber reiterated Mr. Brink's sentiment. She would like the replacement trees placed in the 0-
50' buffer zone, furthermore, the replacement trees be deciduous and of 2" caliper or greater.
Mr. Evans, homeowner, was consented to the request. Ms. Bruce said she did not see it
necessary for the cedar bush to be replaced, only the oak. Mr. North expressed concerns that
the Commission is permitting wall to wall construction.
No public comment was heard.
MOTION: A motion to close the public hearing was made by Ginny Farber and seconded by Judith
Bruce.
VOTE: 7 -0 -0 Unanimous
MOTION: A motion to approve the project for 16 Driftwood Lane, attaching the Conservation
Commission findings and standard conditions, referencing the Ryder & Wilcox Site Plan of 5/5/20,
with the special condition that the oak tree proposed for removal shall be replaced with a
deciduous native tree greater than or equal to 2" caliper and planted in the 0 -50' buffer zone was
made by Ginny Farber and seconded by Judith Bruce.
VOTE: 6 -1 -0
David & Laura Frogel, SE 54 -2503
15 Packet Landing
By Ryder & Wilcox Inc. Map 42 Parcel 17. The proposed vertical expansion of the existing
dwelling within the same footprint. Work will take place within 100' to the edge of wetland,
within 100' to the top of a Coastal Bank and within the Pleasant Bay ACEC.
Stephanie Sequin was present and reviewed the application. Ms. Sequin explained there
will be no change in the footprint but there will be an increase in the building height. She
discussed the construction protocols. Mr. Brink asked about hardscape outside the existing
footprint of the home. Ms. Sequin explained that the homeowner is working separately on a
hardscaping project that will be submitted with a separate NOI. Ms. Bruce was concerned
about the additional visibility from the public view shed as a result of vertical increase. Ms.
Bruce requested the pipe draining into the marsh be redirected into a drywell. She would also
like there to be an area of naturalized buffer by way of a complete retreat out of area below
the retaining wall. Mr. Brink referenced the Town Bylaw against using fertilizers. Ms. Farber
asked if there should be concern about the crane sitting on top of the septic system. Ms. Farber
asked for the establishment of a buffer strip around the 13' contour (current railroad tie wall)
when the applicant returns with a proposed hardscape plan. Ms. Sequin said she plans to
provide more mitigation when she comes forth with the hardscape plan but Ms. Bruce wants
remediation proposed for this project. Ms. Farber asked if there would be a spill kit on site, Ezra
Ambrose of Ambrose Homes said he will make a permanent spill kit on site.
No public comment was heard.
MOTION: A motion to close the public hearing was made by Ginny Farber and seconded by Judith
Bruce.
VOTE: 7 -0 -0 Unanimous
MOTION: A motion to approve the project for 15 Packet Landing, attaching the Conservation
Commission findings and standard conditions, with the special conditions that: No mowing shall
occur beyond the retaining wall /bulkhead; per Chapter 103 of the Orleans Town Code, no
fertilizers or pesticides shall be used within 100' of any Resource Area; the PVC drain pipe shall
be removed or abandoned and flow redirected into a drywell; a spill kit shall be on site at all times
was made by Ginny Farber and seconded by Judith Bruce. References: Exterior Elevations by
Frogel Renovation, dated 10/27/19.; Ambrose Homes Construction Protocol, undated; Ryder and
Wilcox Site Plan dated 6/18/20.
VOTE: 7 -0 -0 Unanimous
Craig & Kathleen Hallstrom, Trustees
22 Jack Knife Point Rd
By Ryder & Wilcox, Inc. Map 57 Parcel 1. The proposed construction of a new dwelling & barn,
removal of the office, replacement of brick paths with gravel paths and steps, new pervious
patio, landward extension of the pier and landscaping. Work will take place in Land Under the
Ocean, Land Subject to Coastal Storm Flowage, on a Coastal Bank, within the Pleasant Bay
ACEC, and within 100' to the top of Coastal Bank.
David Lyttle of Ryder and Wilcox Inc. was present and reviewed the application. Ms.
Bruce asked about extending the ramp of the dock landward right to the boathouse to keep all
foot traffic off the marsh. Mr. Lyttle would have to investigate the details of the licensing for
this request. Mr. North had concerns about the view shed. Ms. Bruce requested pulling the
firepit outside of the ACEC.
Theresa Sprague of Blue Flax Design was present to review the restoration plan within
the area of the Coastal Bank and 50' BZ to the Coastal Bank. She addressed public view shed
concerns by discussing the significant canopy cover. Mr. Brink thanked the homeowner for a
very robust planting plan. Ms. Farber had questions about tree removals. Ms. Sprague provided
rationale and clarification for removals. Ms. Bruce had concerns about a significant tree, that is
invasive, but provides screening and habitat. Ms. Sprague believes native trees in the area
provide enough screening. Mr. Jannell suggested more should be done to identify the tree in
question.
JT Newton, landscape designer, was present and reviewed the landscape plans. Mr.
Brink requested the picket fence be 6" off the ground. Mr. Newton's planting plan is in addition
to the plans shown on the Blue Flax restoration plan. Mr. North requested more information
about the boulder walls including scale and some specifications on other hardscape. Mr.
Newton described the boulder walls exist to soften the slope for safety. They would be 1 -yard
sized boulders. Ms. Farber requested detail on the stairs, patio, and boulder wall especially if
they will be excavating to install. Ms. Farber requested detail on adjusting grade in the ACEC.
Ms. Farber asked that the boulder wall be moved out of the ACEC. Ms. Bruce requested that all
hardscape be out of the ACEC. Mr. Kadzik requested more information about the proposed
grading.
Mr. Rothberg said the view from the water was ok with him. Mr. North expressed concern
about the natural function of the property because of expansion.
Public Comment
Topper Roth, abutter to the east, had a question for Ms. Sprague: Is Blue Flax planning to remove
the extensive amount of poison ivy on the east side? Ms. Sprague explained that poison ivy is
native but they do manage it in a way the keeps it away from areas of access like pathways and
around the home. They do not provide an extensive management plan for poison ivy because it
is native and does provide some habitat value.
Mr. Lyttle requested a 2 -week continuation.
MOTION: A motion to continue the project to July 21, 2020 was made by Ginny Farber and
seconded by Judith Bruce.
VOTE: 7 -0 -0 Unanimous
Continuations
Mark Hagopian, SE 54 -2498 25 High Tide Ln
By Ryder and Wilcox, Inc. Map 36 Parcel 146. The proposed replacement of an existing dwelling
with a new dwelling including landscaping and grading. Work will occur within 100' to the Top
of a Coastal Bank, Salt Marsh, and within Land Subject to Coastal Storm Flowage and the
Pleasant Bay ACEC.
David Lyttle from Ryder and Wilcox, Inc. was present and reviewed the application.
Ryder & Wilcox provided a new site plan and project narrative. Mr. Lyttle discussed some of the
changes made to the site plan, including regrading; the wet meadow proposal; and the catch
basin maintenance.
Mr. Jannell described the process by which the consultation with and report from Mr.
Berman occurred. Revisions were made to the proposal and those were provided to Mr.
Berman. The report did not discuss some of the original concerns of the Commission because
those were removed from the applicant's proposal.
Mr. North was concerned that what the Commission requested was not responded to.
He discussed his unease with the process used for the consultation with Mr. Berman. He wants
it to be formally recognized that the process did not work the way it should and in the future
the consultant should use and report on the information given to him by the Commission.
Mr. Lyttle further discussed the sections of Mr. Berman's report about Sea Level Rise
and how it relates to the berm.
Caitrin Higgins, Wilkinson Ecological Design (WED), was present and reviewed the new
aspects of the restoration plan. She described the wet meadow proposal that is an addition to
the previously proposed restoration plan. The proposed wet meadow is 900 sq. ft., and it is a
benefit for stormwater management and habitat. Ms. Higgins requested to mow the wet
meadow 1 time per year to maintain the habitat as herbaceous. Mr. Brink requested some form
of a delineation between the area to be mowed 1 time per year and the lawn; small shrubs
would be preferred for delineation. Mr. Brink brought up the possibility of a buffer strip. Ms.
Higgins explained a wet meadow made more sense than a buffer strip for this specific site. Ms.
Bruce suggested there should be a wet meadow and a buffer strip and that the project needs
significant mitigation to compensate for the increased mass of the dwelling.
Sibel Asantugrul, SA Architects, was present and reviewed the architectural components
of the application. Ms. Bruce reiterated her desire for mitigation for the increase in volume. Mr.
Lyttle provided the calculation for increase in footprint from existing to proposed: 324 sq. ft.
Dave Hawke, Hawke Design, described the landscaping around the home. Ms. Farber
requested detail on the wall and steps. Ms. Farber would prefer to have native planting and
more pervious surface because it is a resource area project. Mr. Brink concurred. Mr. North
does not believe any mitigation can offset what the building will look like from Meetinghouse
Pond, the scale on the view shed side of the home is his biggest issue.
Mr. Rothberg was concerned about expanded coverage on the land, he did not have
concerns about the height. Ms. Bruce agreed, she is uncomfortable with the amount of
hardscape and the cumulative impact in a sensitive area. Mr. Hawke described his rationale for
the steps into the home. Ms. Farber suggested this may not be the place for wet laid stone. The
Commission and Mr. Hawke had extensive conversation about material options for the
proposed hardscape.
Mr. Lyttle requested a clear indication of Commission concerns. Mr. Brink requested
more mitigation, reduced hardscape, details on walls and steps, and was concerned about the
expanded footprint. Mr. Kadzik shared his compliments to the applicant for the many
improvements made from the previous application, but he still has some issue with the
hardscaping. Mr. Rothberg said he likes the proposed project better than what is there now. He
is not concerned with view from the water but would like to see more plantings and mitigation
proposed. Mr. Mgrdichian had the same position as Mr. Kadzik.
Mr. Jannell referenced a letter from Suzanne S. Huskins dated June 26, 2020, supporting
the project.
Mr. James J. McKenzie, abutter, spoke in support of the proposal.
Mr. Lyttle requested to continue the project to July 21, 2020.
MOTION: A motion to continue the project to July 21, 2020 was made by Ginny Farber and
seconded by Judith Bruce.
VOTE: 7 -0 -0 Unanimous
John & Cheryl Hiden, SE 54 -2501 15 Lucy's Lane
By Ryder & Wilcox, Inc., Map 42 Parcel 50, The proposed renovations and additions to a single -
family dwelling and the installation of a new sewage disposal system. Work will occur within
100' to the top of the Coastal Bank and within the Pleasant Bay ACEC.
Mr. Lyttle from Ryder & Wilcox was present and reviewed the application. Ms. Farber
suggested mitigating for the increase in area of the roof and that there be native foundation
plantings. Ms. Bruce brought up that it is new footprint in the ACEC and therefore a small
mitigation of native plantings would be warranted.
Mr. North and Ms. Bruce had favorable comments about the aesthetics of the home.
Mr. Hiden commented regarding their plans for landscaping. They would like to augment
what is currently there with native vegetation.
No public comment was heard.
MOTION: A motion to close the public hearing was made by Ginny Farber and seconded by Judith
Bruce.
VOTE: 7 -0 -0 Unanimous
MOTION: A motion to approve the project at 15 Lucy's Lane, attaching the Conservation
Commission findings and standard conditions and subject to the receipt of a sketch landscape
plan that shows native foundation plantings within the limit of work was made by Ginny Farber
and seconded by Judith Bruce. References: Ryder & Wilcox Project Narrative dated 5/28/20;
Ryder & Wilcox Site Plan revised 6/30/20; coverage calculations revised 5/30/20 and waterside
elevations.
VOTE: 7 -0 -0 Unanimous
Revised Plan
Town of Orleans, SE 54 -2481 Canal Rd
By AECOM. Order SE 54 -2481 the proposed construction of new sewers, mains, service
connections, and pump stations. Work will occur within 100' to a Bordering Vegetated Wetland,
Coastal Bank, and Land Subject to Coastal Storm Flowage. The plan has been revised to show
the proposed relocation of a portion of a gravity sewer main between 19 and 21 Canal Road by
approximately 250 feet.
Reggie Donoghue of AECOM was present and reviewed the site plan changes and
rationale. All construction protocols will remain the same. Mr. North questioned the proximity
of the new line to the charging station. Mr. Jannell provided some clarification and recapped
some relevant details of the original order.
MOTION: A motion to approve the revised plan was made by Ginny Farber and seconded by
Judith Bruce.
VOTE: 7 -0 -0 Unanimous
Certificate of Compliance
The Whole Clam, LLC, SE 54 -2212
5 Route 6A
By Baxter NYE Engineering & Surveying. Map 18 Parcel 52. The proposed renovation of the
existing restaurant, construction of a new septic system & stormwater management facility,
rebuilding of a retaining wall, & landscaping. Work will occur within 100' of Land Subject to
Flooding.
Mr. Jannell said the construction is long since complete and the project is fully
compliant.
MOTION: A motion to approve the Certificate of Compliance for 5 Route 6A was made by Ginny
Farber and seconded by Judith Bruce.
VOTE: 7 -0 -0 Unanimous
Orleans Conservation Trust, SE 54 -2244
160 Namequoit Rd
The proposed Land Management of the Namequoit Bog, including, but not limited to, invasive
species control and selective removal of vegetation. The site was formally used for cranberry
cultivation.
Mr. Jannell reviewed the application, he suggested closing this order and finding it in
compliance. Alex Bates, Orleans Conservation Trust (OCT), was present and spoke about the
application. The OCT requested to uphold the ongoing conditions. Stephen O'Grady, OCT,
hoped the Commission would support the ongoing conditions as proposed for effective wet
meadow habitat and white cedar regeneration.
MOTION: A motion to approve the Certificate of Compliance with ongoing conditions for 160
Namequoit Rd was made by Ginny Farber and seconded by Judith Bruce.
VOTE: 7 -0 -0 Unanimous
Extension Request
Patrick M. Regan, SE 54 -2368 63 Kenneth Ln
By Coastal Engineering Co. Order of Conditions issued on 7/6/17 was for a proposed dwelling
reconstruction, boathouse reconstruction, bank planting and restoration. The applicant has
requested a 1 -year extension for final work by Wilkinson Ecological Design, Inc to be
completed.
Mr. Jannell expressed his support of the extension request.
MOTION: A motion to approve the 1 year extension for 63 Kenneth Lane was made by Ginny
Farber and seconded by Judith Bruce.
VOTE: 7 -0 -0 Unanimous
Ms. Farber recused herself and left the meeting.
Enforcement
Dawson Farber III
53 Kenneth Ln
The unpermitted clearing, cutting, brush mowing and construction access improvements. Work
occurred on a Coastal Bank, in the buffer zone to the Top of a Coastal Bank, within the Pleasant
Bay ACEC and within Land Subject to Coastal Storm Flowage.
Mr. Jannell reviewed the documents pertinent to the Enforcement Order, the timeline,
correspondence with involved homeowners and details of the activity. Mr. Jannell
recommended the Commission have some discussion and ask questions about the documents
they were given.
Ms. Bruce wanted to know who did the work; how many days the work occurred; and
how involved this unapproved project was. Mr. Jannell did not witness the work; he will
attempt to follow up with the party that did the tree work before next meeting.
Mr. Jannell clarified that tree removal and pruning occurred and that pruning will be
included in his next memo. Ms. Bruce suggested the wood chipping also be included in the list
of violations.
Mr. Jannell stated that it's been clear throughout the process of gathering information
that, despite the fact that some work occurred at 57 Kenneth Lane, it was the efforts of the
homeowner of 53 Kenneth Lane so that is who will be issued the Enforcement Order.
Theresa Sprague was present to represent the homeowner of 53 Kenneth, she has been
retained by property owner to develop restoration plan to present at a future date. At present,
she intended to understand the Commission's position and gather information.
Mr. Brink asked if Ms. Sprague had a sense of timing. Ms. Sprague responded that she is
unsure of a timeline, she was introduced to the project one week ago and she still needs a site
plan. She is attempting to get an idea of what type of application will be required and that will
partially drive the timeline. Ms. Sprague also expressed concerns about getting the engineered
plan which, in her experience, can take 6 weeks.
Mr. Brink, and many Commissioners, requested the process occur rapidly.
Ms. Bruce asked Ms. Sprague if it is her opinion the mitigation plantings can be planted
through woodchips? Ms. Sprague recommended removing the woodchips, a ground cover layer
should be established. Mr. Brink concurs.
Mr. David S. Reid was present to represent the abutter's estate of Joan Mayer at 57
Kenneth Lane. He emphasized his client had no involvement with work done but that they also
do not have a dispute against the work. His clients do not intend to have any participation in
the process unless any parties ask for assistance.
Some discussion occurred about who is responsible for repairing disturbance on
someone else's property.
Mr. Jannell said the area on 57 Kenneth is small enough not to involve them in the
enforcement order. It is an area that will naturalize on its own very quickly. Mr. Jannell advised
the Commission to: Set the schedule, not the property owner; issue a recommendation for a
restoration plan; issue an enforcement order instead of requiring an NOI submission; fine (160-
10). Mr. Jannell suggested further discussion of all these points at the 8/4/20 hearing.
Mr. Jannell recommended the Commission require: a complete engineered site plan;
complete narrative for restoration; complete restoration site plan that goes into detail on
location quantity, size, type of plants; site plan should also include removal of the shell
driveway and restoration back to its originally approved construction access. The narrative and
restoration plan need to be fitted to a specific timeline. The schedule needs to be approved and
adopted and backed up with language that timelines will be fineable if not met.
Ms. Bruce suggested the additional item of executed contract indicating who will be
doing work.
Mr. Brink said the Commission would like to know well ahead of the August 4 meeting if
and why the applicant is not making deadline.
Ms. Sprague projects restoration planting will occur in October. Given that timeframe,
invasive species management can occur first. Ms. Bruce suggested plantings in September.
Mr. Jannell suggested tabling fines for now and focusing on the Enforcement Order. Ms.
Bruce wanted to discuss fines at the next meeting when the Commission has a better idea of
who did the work and for how many days.
MOTION: A motion to prepare the Enforcement Order Form 9 for 53 Kenneth Lane based on
today's discussion was made by Walter North and seconded by Judith Bruce.
VOTE: 6 -0 -0
Ms. Farber returned to the hearing.
Other Business
Monitoring Reports
Fitzgerald, DEP # SE 54 -2486 27 Seacrest Dr
Star Hopkins, DEP # SE 54 -2434 64 Mill Pond Rd
Patrick M. Regan, DEP # SE 54 -2368 63 Kenneth Ln
Discussion
Chairman's Business
Meeting minutes of 3/17/2020
Ms. Farber provided an edit on page 3, paragraph 2: it should read " Ginny Farber state's that
the Commission will likely ask for a bond"
MOTION: A motion to approve the meeting minutes from 3/17/20 pending the edit from Ms.
Farber was made by Ginny Farber and seconded by Judith Bruce.
VOTE: 7 -0 -0
Meeting minutes of 6/16/2020
MOTION: A motion to approve the meeting minutes from 6/16/20 was made by Ginny Farber
and seconded by Judith Bruce.
VOTE: 6 -0 -1
Annual Re- Organization
• Election of officers
• Re- appointment of representative to the CPC
Mr. Brink opened nominations for Chair of the Commission. Ms. Bruce thanked Mr. Brink for his
leadership. Ms. Bruce nominated Ginny Farber for Chair and Bob Rothberg seconded.
MOTION: Motion to close the nominations was made by Judith Bruce and seconded by Ron
Mgrdichian.
MOTION: Motion to approve Ginny Farber as Chair of the Conservation Commission was made
by Mike Brink and seconded by Judith Bruce.
VOTE: 7 -0 -0
Ms. Farber opened the floor for nominations for Vice Chair. Ms. Bruce nominated Jack Kadzik as
Vice Chair and Mike Brink seconded.
MOTION: Motion to close the nominations was made by Judith Bruce and seconded by Mike
Brink.
VOTE: 7 -0 -0
MOTION: Motion to approve Jack Kadzik as Vice Chair of the Conservation Commission was
made by Judith Bruce and seconded by Bob Rothberg.
VOTE: 6 -0 -0
Ms. Farber opened floor for nominations for Clerk. Mr. Brink nominated Judith Bruce.
MOTION: Motion to close the nominations was made by Mike Brink and seconded by Ron
Mgrdichian.
VOTE: 7 -0 -0
MOTION: Motion to approve Judith Bruce as Clerk of the Conservation Commission was made
by Jack Kadzik and seconded by Ron Mgrdichian.
VOTE: 7 -0 -0
Ms. Farber opened the floor for reappointment for representative for CPC.
MOTION: Motion to approve Walter North as the CPC representative was made by Judith Bruce
and seconded by Mike Brink.
VOTE: 6 -0 -0
The Commission would like to go back to meeting weekly so they can continue projects to work
sessions.
A motion to adjourn was made by Ginny Farber and seconded by Bob Rothberg.
VOTE: 7 -0 -0
The meeting adjourned at 12:45 p.m.
Submitted by: Kristyna Smith, Principal Clerk, Orleans Conservation