HomeMy Public PortalAboutConservation Minutes 2008-12-02 Orleans Conservation Commission
Town Ball, Nauset Room
Henri
n'% Tues av, December 2. 2008 �'., fir r i-EA � E
CURKS
PRESENT: Adrienne Pfluger, Bob Royce, Arnold Henson, ChairmA�jU5qti 9 FM 3` 43
Bruce, Harry Herrick, (Members); Steve Phillips, James Trainor, Jamie Balliett,
(Associate Members); and Jennifer Wood, Conservation Administrator.
ABSENT: Bill Parish, Vice-Chairman.
The Meeting opened at 8:30 a.m.
Arnold Henson said it is difficult to get a quorum the Meeting before the holiday
and he suggested cancelling the Meeting on December 23, 2008. The
Commissioners agreed.
TICE OF INTENT
Kathi Whitaker. 77, 78, & 79 Towhee Lane by Ryder & Wilcox, Inc. Proposed
land management, including removal of invasive plant species & the planting of
native species. Work will occur within 100' of the Top of a Coastal Bank, on a
Coastal Bank, & within the Pleasant Bay ACEC. David Lyttle, from Ryder &
Wilcox, and Seth Wilkinson, from Wilkinson Ecological Design, were present.
Mr. Wilkinson said this is a proposal to eradicate the invasive species from a
steep embankment and then to replant the bank with native species to stabilize
the bank. Mr. Wilkinson said there is significant erosion on the bank, especially
in the vicinity of the boathouse where roots are exposed. The native plant
community on this site has been displaced by locusts and the ground layer has
been shaded out. There is an abundance of garlic mustard on this bank, but no
native grasses. The herbaceous cover has been displaced. Mr. Wilkinson said
they would sow a winter application of warm season grasses that will germinate
in the spring. In early spring, grass plugs will also be installed. The woody
plants will be installed in the fall of 2009. The invasive species will be removed
by hand. The workers will be suspended over the bank. A boom over the bank
will be used to bring the invasive plant material up in the air and back. No
scraping of the bank will occur and the staging area will be on the lawn. Mr.
Wilkinson said they will be wiping herbicide on stems within a /2-acre area.
Arnold Henson asked if the erosion would continue in between the proposed
clumps of plantings? Mr. Wilkinson said he has shown clumps of plantings
because they would not be planting in the areas with native or non-invasive
plants. English oaks are thriving on the bank and even though they are not
native, they are not invasive. He is not going to remove them. Mr. Wilkinson
said erosion control fabric will be installed as soon as the invasive species have
been removed from each section. They will not wait until the whole job is
finished to put it down, so there will be no erosion. Mr. Wilkinson said within 9
months, the invasive species will be controlled. More diversity will be created on
the bank and the toe of the slope above the revetment will be stabilized. He said
this work needs to be done soon. Judith Bruce asked which trees were going to
be removed? Mr. Wilkinson said only the black locusts are coming out, some of
which are already dead. Ms. Bruce said some trees along the top of the bank
PAGE 2-MINUTES-HEARING-TUESDAY, ,
have been badly pruned. She asked if this Plan included pruning? Mr. Wilkinson
said no, this Plan contains no trimming or pruning. He agreed some trees along
the top of the bank had been badly pruned. Jenny Wood said an Administrative
Review allowed pruning and a view in one area, but there has been cutting well
beyond that. The repair of this area should be incorporated into this Notice of
Intent. There is also a hedge of invasive species that was not approved. In
addition, the top of the bank area near the generator should be replanted. Ms.
Wood requested a Plan revised to show those 2 areas. Mr. Wilkinson said the
southwestern corner is well-screened with native species and new white oaks.
The Applicants want to keep the view in front of the house and to the east. The
Plan will be presented at the next Hearing. Arnold Henson said the Commission
wants a specific view-delineation and a commitment not to cut in other areas for
this project. George Christie asked for a time-line and for a description of the
project in writing. Mr. Wilkinson said the majority of the work will be done within
the first year of a 3-year project and he would submit a missive. Robert Payne,
an Abutter, was concerned with disturbance to the bank. He said he had a
difficult time getting plants to grow on his bank and thought this bank should be
left alone. Judith Bruce was concerned with the scope of the project. She
wanted to know how much bare earth there would e? Mr. Wilkinson said a lot of
the bank is bare now. There is no unerstory. Removal of the locusts will let in
more light and they are replanting the understory to stop the erosion. There will
be thousands of plants going back in. Arnold Henson asked for the impact to the
Abutters? Mr. Wilkinson said he would work in '-strips down the bank. The
invasive plant material would be cut and wiped with a safe herbicide and the
erosion control blanket would be installed. The locust roots would remain. After
that, the revegetation work would begin. The non-invasive trees will be worked
around. Judith Bruce asked if the roots are being left in place, how will the plants
grow there? Mr. Wilkinson said the plants are small and they will be using
hand-augers to plant them. Mr. Payne said the soil will be poisoned with the
herbicides. Jenny Wood suggested Conditions for this project, such as the root
masses will remain; a fiber blanket will be installed immediately; the wipe method
will be used for the herbicide; and there will be no spraying so that the herbicide
will not get into the soil. Steve Phillips asked about the east side of this site, to
the north of the stairway? Mr. Wilkinson said there are invasive species in that
area, but there is no proposal for that portion of the bank at this time. Arnold
Henson said a specific, written proposal is needed for why this erosion will not
spread to either side of this project. A Plan revised to show the additional
plantings and to identify the precise view is needed. Judith Bruce asked that
trees to remain on site be marked in the field. Mr. Lyttle said that would be
difficult due to the steepness of the bank. Judith Bruce said she is concerned
that not enough trees will be left. James Trainor asked if photographs could be
taken of the complete area under this proposal—from the water looking back and
from the top of the bank. This would show the existing oak trees. Mr. Lyttle
agreed. George Christie said a Bond held for 3 years at a minimum should be
considered. Mr. Wilkinson said his record speaks for the success of this
large-scale project. This is a significant financial undertaking already for these
Applicants. Mr. Wilkinson said he will submit a detailed Work Protocol and
PAGE 3-MIN UTES-H EARING-TUESDAY, DECEMBER 2, 2008
suggest Conditions on the Order that would insure compliance without a Bond.
Mr. Wilkinson said he has a 1-year Contract that is renewed annually for 3 years.
This is the best method as gas prices and other costs fluctuate.
MOTION: A motion to continue this Hearing to the Meeting on December 9,
2008 was made by George Christie and seconded by Judith Bruce.
VOTE: Unanimous.
CONTINUATIONS
Jonathan Stark, 11O .Monument Road by Ryder& Wilcox, Inc. Proposed plant
management & landscaping at an existing dwelling. Work will occur within 100' of
the Edge of an Inland Pond (Crystal Lake) & an ACEC. David Lyttle, from Ryder
& Wilcox, and David Hawk, from Hawk Design, were present. Mr. Lyttle said
there is 1,051 square feet of existing structures now that will be reduced to 723
square feet of dry-set stone seating areas and stepping-stone walkways. The
existing patios were never approved. Jenny Wood said this Plan will be an
improvement to this site. Erosion problems and the amount of English ivy will be
reduced. The patios will be smaller and further from the water. The beach area
should be left alone, and this will be a Condition on the Order. They are
proposing to remove some of the approved stone wall which will allow a natural
shoreline. Some of the wall will remain. Mr. Lyttle said there are large stones
there. Jenny Wood said work that went forward without approval, such as the
dog-run and the deck, needs to be part of this Notice of Intent. George Christie
asked if trees were going to be removed? Mr. Hawk said no trees are being cut
down and they are going to preserve the existing trees. Judith Bruce asked if the
existing wall was approved? Mr. Lyttle said yes, the southerly end where the wall
curves to the stairway has a nice grade, and is well vegetated. A fair amount of
this wall will be removed. Arnold Henson said this is an improvement. The
unapproved items will be incorporated into this Order. Mr. Hawk said he would
review the Plant List with the Conservation Administrator. The Commission
asked that the new Site Plan show that the beach area will be left alone, and part
of the stone wall will be removed.
MOTION': A motion to continue this Hearing to the Meeting on December 9,
2008 was made by George Christie and seconded by Judith Bruce.
VOTE: Unanimous.
James Rotondo (HH,GC), 6 Skaket Circle. by Felco, Inc. Proposed septic
system upgrade. Work will occur within 100' of Bordering Vegetated Wetlands, &
within Land Subject to Coastal Storm Flowage & the Cape Cod Bay ACEC.
David Lajoie, from Felco Engineering, had submitted a new Site Plan revised to
show the elimination of the proposed additions to the dwelling. Now, this project
is just a septic system upgrade with a new septic tank and an alternative system.
Jenny Wood asked why the system was planned for the rear of the dwelling so
near the wetland? It would be further away in the front yard. She asked if test
PAGE 4-MINUTES-HEARING-TUESDAY, DECEMBER 2, 2008
holes had been dug there? Mr. Lajoie said no, there are wetland areas
everywhere, and since the system must be elevated, there will be less impact if it
is located in the rear of the property. Mr. Lajoie said they are not increasing the
number of bedrooms. Steve Phillips asked what the groundwater elevation was?
Mr. Lajoie said 9.1. Judith Bruce asked if there was any expansion to the
dwelling proposed with this Plan? Mr. Lajoie said no. This project will go before
the Board of Health this Thursday, December 4, 2008.
MOTION: A motion to approve this project with the Site Plan revised November
11, 2008 subject to approval by the Board of Health, was made by George
Christie and seconded by Judith Bruce.
VOTE: Unanimous.
REQUEST FOR A 1-YEAR EXTENSION
Michael Schumaecker (2006), 161 Monument Road. The Order of Conditions
for an expansion of a deck and landscaping was amended to include a small
addition. The Order would be extended for one year from January 27, 2009 to
January 27, 2010.
MOTION: A motion to grant a 1-Year Extension to the above-referenced project
was made by George Christie and seconded by Harry Herrick.
VOTE: Unanimous.
CERTIFICATES OF COMPLIANCE
David Lyttle, from Ryder&Wilcox, and Ted Emerson, the General Contractor,
were present. Mr. Lyttle said he has been working for the Pleasant Bay
Narrows Trust (111 Davis Road) the last couple of years to address the end
scour at this location. He was asked by the Applicants to deal with the
outstanding Orders of Conditions and he oversaw the recent construction of the
gabion revetment.
Pleasant Bav Narrows Trust(1997), 111 Davis Road. This Certificate of
Compliance request is for an Order of Conditions for the installation of vinyl sheet
piling on the lowest step of a stepped concrete seawall to eliminate undermining,
and placement of a rock apron around the base for scour protection. This work
has been done. The Special Conditions were not met as follows: 1. There is no
Construction Protocol in the record that includes the name of the Contractor. Mr.
Emerson said he was the General Contractor. 2. The project was not certified by
a representative from Coastal Engineering that it meets Plan specifications.
(There is a standard letter from Coastal saying they made a final inspection and
the work was completed in substantial conformance with the revised Plan.) Mr.
Lyttle said Coastal Engineering was willing to certify this work. 5. The Applicant
did not submit a photographic record before any work is done, during the work,
and after. Mr. Lyttle is willing to submit profiles. Mr. Lyttle said he approached
Coastal Engineering for compliance as they were the Engineers of record
PAGE 5-MINUTES-HEARING-TUESDAY, DECEMBER 2, 2008
previously. Mr. Lyttle said the Engineers from Coastal were willing to certify that
the work has been done according to the Plans, but no monitoring was done,
therefore Mr. Lyttle said he cannot follow through with that part of the
compliance. Mr. Lyttle offered to provide an As Built Plan of the entire point,
encompassing all the work that has been done with profiles to see what the
current beach elevations are. This will provide an up-to-date record of this
environmentally sensitive area. Mr. Lyttle said the family enjoys constructing
these projects themselves. Mr. Emerson said he was the General Contractor for
all of these projects. He has no photographs of before any of these projects
began, but might have some photographs that would help. Mr. Lyttle said the
family will be filing to bury their utility lines and knows these old Orders must be
cleared up first.
Pleasant Bay Narrows Trust (2002). 111 Davis Road. This Certificate of
Compliance request is for an Order of Conditions to install 3 rows of fiber rolls to
the northwest of the existing revetment, to reset the existing rocks in front of it,
and build a gabion step. Special Conditions for revetments were not met as
follows: 1.d) A detailed Construction Protocol was not submitted. 1.j) Pre-
construction profiles were submitted but post-construction profiles were not. 1 A)
Pre-construction and post-construction photos were not submitted. 3.b). There
were no written weekly Inspection Reports by the engineer. 3.d). There was no
inspection immediately after the fiber rolls were in for a partial Certificate of
Compliance. 4.b) There was no proof that the beach was regraded back to the
existing profiles. 5.d) No Planting Plan was submitted. The fiber rolls were to be
planted with beach grass. 6-7. There was no monitoring program. The
statement from Coastal Engineering states the project was completed per the
approved Plan but both the fiber rolls and the step failed. There are no records in
the file of this project after it was completed to verify this statement. Mr. Emerson
said he was the Contractor. The family put the fiber rolls in and planted them.
Mr. Lyttle said because of the location of the fiber rolls adjacent to the bulkhead,
undercutting tore them out within a year. Jenny Wood asked if there were
photographs of the fiber rolls planted with beach grass? Mr. Lyttle said no.
George Christie asked why the gabion step had failed? Mr. Emerson said they
thought it was too dangerous and removed it. Ms. Wood said a written statement
about what occurred during this Order is needed with profiles.
Pleasant Bay Narrows Trust (2003), 111 Davis Road. This Certificate of
Compliance request is for an Order of Conditions for: repairs to an existing
seawall including replacing existing concrete, re-grouting, and resetting the vinyl
sheeting by installing an anchor into the rocks to keep the front rail down,
building new stairs with a be to direct the runoff into a stone gully, and
replacing the gabion step permitted in the last Order with a removable seasonal
step. The statement from Coastal Engineering states the project was completed
per the approved Plan but there is no step and the be and erosion control gully
were not built. Special Condition 2. To submit a Revegetation Plan for the area
by the steps was not done. There is no record of any replanting. Mr. Emerson
said the step was not built. Jenny Wood asked when the steps were installed
PAGE 6-MINUTES-HEARING-TUESDAY, DECEMBER 2, 2008
that are shown next to the erosion control gully? Mr. Emerson said the same
time as Coastal did work on the major seawall, before the sheet piling was
installed. Jenny Wood asked if the erosion control gully and the berm were to
compensate for work on a much earlier project? Arnold Henson said an As Built
Plan and description of the work that went forward are needed.
Pleasant Bav Narrows Trust (2006), 111 Davis Road. This Certificate of
Compliance request is for an Order of Conditions for a gabion revetment. Before,
during, and after photos were submitted. There was a Condition to have photos 3
years after installation which would be September 2009. Only a before profile
with the proposed revetment is in the file. There should have been one after the
work was completed and 3 years later which would be September 2009. A
Planting Plan was requested but not received. On the Site Plan stiff-leafed quack
grass is proposed for the bank and is growing above the revetment . Under
Special Conditions it is allowed also at the edge of the marsh. There has been no
planting below the revetment. Mr. Emerson said there was planting below the
revetment, however, the sand gradient changed. Jenny Wood suggested trying
a different type of grass, as this area is underwater. Mr. Lyttle said he would
submit photographs of the marsh area near the gabions, where the amount of
sand changes drastically. Mr. Emerson said the area is very different between
the summer and the winter. George Christie asked if the revetment was holding?
Mr. Lyttle said yes and there is no erosion above the revetment.
Kurt Martin (2003). 63 Ravber Road. This Certificate of Compliance request is
for an Order of Conditions for a building containing 2 apartments and 6 storage
bays and parking. The apartments were not built and 5 bays were built in the size
building specified for 6 bays. An As-Built Plan was submitted. A Continuing
Condition will remain on the Certificate of Compliance to maintain the drainage
system annually.
MOTION: A motion to release this Certificate of Compliance was made by
George Christie and seconded by Judith Bruce.
VOTE: Unanimous.
Kurt Martin (2003), 69 Ravber Road. This Certificate of Compliance request is
for an Order of Conditions for a building with 2 apartments and 3 storage bays
and parking. This building is built as shown with the addition of a stairway and
deck outside the buffer on the apartments. There is a stockade fence enclosure
in the parking lot. The buffer is mowed beyond the limit of work within the 50'
buffer. A Continuing Condition will remain on the Certificate of Compliance to
maintain the drainage system annually. Judith Bruce asked that rocks, a split-rail
fence, or another demarcation, be installed along the 50' buffer line to stop the
mowing. The Commission agreed. This Certificate of Compliance will be placed
on hold.
PAGE 7-MINUTES-HEARING-TUESDAY, DECEMBER 2,2008
Bali Realtv Trust (2006), 33 Snow Shore Road. This Certificate of Compliance
request is for an Order of Conditions for filling and planting of a bank behind a
revetment. The Continuing Conditions have not been met as follows: No
Planting Plan was submitted. It does not look like any planting took place. Chink
stone was to be removed from the beach. There is a lot of chink stone on the
beach and in a pile near the jetty. A Continuing Condition will remain on the
Certificate of Compliance that if the revetment causes adverse impacts they must
be mitigated. This project is not in compliance and the Certificate of Compliance
request will be placed on hold.
ADMINISTRATIVE REVIEWS
David Garner, 117 Barlev Neck Road. This Application was heard last week
and held to see if the Applicant would remove the pruning of the pitch pines from
the Administrative Review. The pruning of the pitch pines has been removed
from the Administrative Review, per the Applicant's request: This request is to
remove 2 dead pitch pines to the north and a dead juniper in the buffer to the top
of a coastal bank. One dead pine to the south will be left for the wildlife. The
Applicant also wants to prune down 6 to 9' two oaks on the coastal bank.
MOTION: A motion to approve this Administrative Review was made by Judith
Bruce and seconded by Adrienne Pfluger.
VOTE: Unanimous.
Thomas B. Woods, 7 Larboard Lane. This is a request for the proposed
removal of a large linden tree in good health straddling the property line of 7 and
9 Larboard Lane. There are no other trees or shrubs in this area, except for
another linden tree next to the one proposed for removal. More trees could be
planted at this site and the reason for the tree's removal is not clear. This tree is
very upright and is not leaning toward the dwelling. The Conservation
Administrator will contact the Applicant. This request will be placed on hold.
REQUEST TO USE A CONSERVATION AREA
Windmill Park, Wedding, 812/2009
Justin Soucy /Emily Gleason, 130 people, 1:30-2:30 p.m.
MOTION: A motion to approve this activity at the Windmill Park Conservation
Area was made by George Christie and seconded by Judith Bruce.
VOTE: Unanimous.
CHAIRMAN'S BUSINESS
Approval of the Minutes from the Work Meeting on November 25, 2008.
MOTION: A motion to approve the Minutes from the Work Meeting on November
25, 2008 was made by Bob Royce and seconded by Judith Bruce.
PAGE 8-MINUTES-HEARING-TUESDAY, DECEMBER 2. 2008
VOTE: 6-0-1 Approved (Adrienne Pfluger abstained).
The Meeting was adjourned at 9:50 a.m.
Respectfully submitted,
Leslie Derrick, Conservation Commission Secretary
ApprovedI�y°Y�!'!� Dated
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