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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