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HomeMy Public PortalAboutcons com 2022-01-18Orleans Conservation Commission n Via Zoom ` /g Hearing, Tuesday, January 1811, 2022 PRESENT: Chair Ginny Farber, Vice Chair Mike Brink, Clerk Drusilla Henson, Member Walter North, Member Bob Rothberg, Member Ron Mgrdichian, Member Jerry Wander, '9ssociafeLL _ Member Judith Bruce, Associate Member Alan Carrier, & Conservation Agent John Jannell ABSENT: Associate Member Maia Ward 8:30 a.m. Call to Order Notices of Intent John A. & Anna P. Sommers 7 South Little Bay Rd By Ryder & Wilcox, Inc. Map 82, Parcel 7. The proposed stabilization of an eroding Coastal Bank by regrading and installation of a fiber roll array and the replacement of existing timber steps. Work will occur on a Coastal Beach, on a Coastal Bank and within Land Subject to Coastal Storm Flowage. David Lyttle, Ryder & Wilcox, was present and reviewed the application. He detailed the reasons for the proposed new stairway location. Seth Wilkinson, Wilkinson Ecological Design (WED), said this proposal provides a connection of shorefront protection between 3 South Little Bay Rd and 6 Hammatt Rd which was recently permitted by this board. The intention is to install these in concert. They are proposing a 15' wide buffer strip. The Covid Extension Act tolling period has kept the 3 South Little Bay permit valid so perhaps a revised plan could address the connection of the two properties, but he is awaiting response from the neighbor. Ms. Farber said they can condition an Order to cover the work proposed on the neighbor's property. She asked for more description on the slope. Mr. Wilkinson described the reason for the proposed slope angle. The Commission asked, was there any thought of a 2:1 slope? Mr. Wilkinson said a 2:1 slope will force a significant amount of regrading; he showed the Commission where they would have to cut back into the bank if they did that. Mr. Rothberg asked what the plan will be if the neighbors don't decide to make the connection with this system. Mr. Wilkinson said they could provide a sketch Plan B. Mr. Lyttle added that there could be a condition requiring them to return if the neighbor does not want to participate. Ms. Bruce said she wanted Greg Berman to weigh in. Ms. Henson said there should be a time -of- year restriction. She requested they propose more woody shrubs than what's shown on the plan. Mr. North asked, from a coastal stabilization point of view, why is this necessary? Mr. Wilkinson responded that this is a good time for intervention and it's always good to plan on a neighborhood scale. Since we aren't proposing CES, we don't have to show reason. Mr. Jannell weighed in on the idea of having Mr. Berman provide input. He stated that it may not be necessary to get new information from him because he has already spoken to this shoreline many times. Mr. Jannell was hesitant to have the Commission act on this plan since it shows work for #3. He suggested acting on plan that shows the array going to the property line or with a detail that shows the return. There were further discussions on the technicalities of the site plan. Mr. Brink suggested continuing for two weeks to see if we get a response from the homeowner, so they can try to avoid multiple iterations of plans and special conditions. Mr. Jannell pointed out that there wasn't any monitoring protocol on the WED plan, if they don't want to propose that at the next hearing the Commission would probably condition that. No public comment was heard. The applicant requested a continuance to 2/1/22. MOTION: A motion to continue the public hearing was made by Mike Brink and seconded by Drusy Henson. VOTE: 7 -0 -0 Unanimous (GF, MB, DH, JW, RM, WN, BR) Andy & Maria LeStage 14 Hayward Ln By Ryder & Wilcox, Inc. Map 50, Parcel 2 -1. The proposed construction of a single - family dwelling, landscaping, invasive species removal and site restoration. Work will occur within the 100' Buffer Zone to the top of a Coastal Bank, on a Coastal Bank, within Land Subject to Coastal Storm Flowage, and within the Pleasant Bay ACEC. Bob Rothberg recused himself. Alan Carrier will be voting on this project. David Lyttle, Ryder & Wilcox, was present and described the application including the resource areas on site. Theresa Sprague, Blue Flax Design (BFD), described the planting and land management plan. Sean, SV design, was present and reviewed the architectural plans. Ms. Farber asked if the trees for removal could be flagged, it was difficult to assess at their site visit. Mr. Brink said there is plenty of land NE on the property, why not move the structure outside of jurisdiction. Mr. Lyttle said the location complies with the regulations and a variance is not being requested. Mr. Brink asked for specs on the dry -laid patio. Mr. Mgrdichian agreed with Mr. Brink, he asked if they could move the house back to get the patio outside of the ACEC. Mr. Lyttle requested specifics on where they'd like it moved. Ms. Farber requested reconfiguring to save trees. Mr. Brink stated that the patio outside of the ACEC would be sufficient for him. Ms. Bruce asked for patio and lawn outside of the ACEC. Mr. Lyttle asked, what if we remove the patio? Mr. Brink responded, if they remove the patio, lawn in that area would be fine by him. Ms. Bruce would still like to see the ACEC undisturbed, but it is being mitigated by the foundation plantings being native and native plantings outside of jurisdiction. However, she thought there was not enough canopy and screening on the planting plan. Ms. Henson was concerned that there are 17 trees coming down in the ACEC and half of those trees are coming out because of the patio. She would like to see the applicant maintain canopy in the ACEC. Ms. Sprague said the trees being proposed for removal are all dead. Mr. North requested there be a barrier or buffer between the ACEC and any impervious patio or dwelling. Mr. Carrier asked if the crowns are vital on some of the cedars, if so, he'd like to see some of them kept. Mr. Brink said without screening the white trim may pop too much. Ms. Bruce requested wood risers instead of stone. No public comment was heard. `a Mr. Lyttie requested a continuance to 2/1 and requested an on -site for next week. Mr. Jannell said the project meet their regulations but to the extent you move the building to get the asphalt driveway entirely out of jurisdiction or saves a live native tree it may be worth making modifications. MOTION: A motion to continue the public hearing was made by Mike Brink and seconded by Drusy Henson. VOTE: 7 -0 -0 Unanimous (GF, MB, DH, JW, RM, WN, AC) Margaret J. Hoffman, Trustee 10 lyanough Rd By Coastal Engineering, Co., Inc. Map 13, Parcel 87. The proposed sewage disposal system upgrade. Work will occur within the 100' Buffer Zone to an Isolated Vegetated Wetland. John Schnaible, Coastal Engineering, reviewed the project. The septic system has failed so they are proposing a new tank. Mr. Brink had questions about the tree removals. Mr. Jannell reported there were nonnative trees being removed. MOTION: A motion to close the public hearing was made by Mike Brink and seconded by Drusy Henson. VOTE: 7 -0 -0 Unanimous MOTION: A motion to approve the project at 101yanough Rd with the Conservation Commission findings and standard conditions and with the special condition that the BOH approve the plan was made by Mike Brink and seconded by Drusy Henson. References: Coastal Engineering Site plan dated 12/29/21 VOTE: 7 -0 -0 Unanimous (MB, DH, GF, WN, BR, RM,1W) Revised Plan Request Town of Orleans 239 Beach Rd & 0 Smith Neck Rd DEP # SE54 -2435: The proposed relocation of the gazebo. Tom Daley, DPW & NR director, and Nate Sears, harbormaster, were present and reviewed the request. He described its current location and their reasoning for bringing it down to the beach. He asked that for the time being they be allowed to leave it there until the town decides where to put it permanently. Nate Sears noted the fact that they don't expect anywhere on the beach to be permanent, everything down there is temporary and will have the ability to be relocated in a timely manner. Mr. North asked if should they be concerned that people may sit on the dune because of the location of the gazebo? Mr. Daley said they manage it so they don't have these issues. The dune has been fenced off and delineated as not for public use. The area the gazebo is in is designed for public use. MOTION: A motion to approve the revised plan was made by Mike Brink and seconded by Drusy Henson. VOTE: 7 -0 -0 Unanimous Michael & Suzanne Afergan 21 Megs Ln DEP # SE54 -2551: The proposed replacement of a foundation. David Lyttle, Ryder & Wilcox, was present to review the application. He described the request and the reasoning behind it. The limit of work can remain in the same area. MOTION: A motion to approve the revised plan request was made by Mike Brink and seconded by Drusy Henson. References: Ryder & Wilcox note dated 1/11/22; Sullivan engineer letter 1/10/22; Ryder & Wilcox plan dated 1/12/22 VOTE: 7 -0 -0 Unanimous Administrative Review Phil Tinmouth The proposed 4' expansion of an existing dormer. Drusy Henson recused, Alan Carrier will be voting. David Lyttle, Ryder & Wilcox, was present and reviewed the application. There will be no work on the ground other than ladders for the exterior work at the end. MOTION: A motion to approve the project at 36 Old Field Rd was made by Mike Brink and seconded by Bob Rothberg. VOTE: 7 -0 -0 Unanimous Administrator's Business Mr. Jannell discussed the Finance Committee meeting. He reviewed the discussions that took place at this meeting. Mr. Jannell gave an update on the Agricultural Council's site visit to Putnam and the subsequent meeting. They helped the office get some compliance issues squared away. He reported that the phase 3 plots and the waterline have been installed. Mr. Jannell reported that the Crystal Lake Ramp work is underway and that helical piers are being installed. Mr. Brink said that the Orleans Citizen forum is on January 26th from 5 -630pm to talk about green space and its importance, and what homeowners can do to enhance their own green space. Discussion Chairman's Business Meeting minutes of 1/4/22 rd MOTION: A motion to approve the minutes of 1/4/22 was made by Mike Brink and seconded by Drusy Henson. VOTE: 7 -0 -0 Unanimous MOTION: A motion to adjourn the public hearing was made by Mike Brink and seconded by Drusy Henson. VOTE: 7 -0 -0 Unanimous The meeting adjourned at 10:12 a.m. Submitted by: Kristyna Smith, Principal Clerk, Orleans Conservation 5