HomeMy Public PortalAboutConservation Minutes 2014-01-21 Orleans Conservation Commission Hearing Meeting 1-21-14 O ENr_; TflYR C:F R
Orleans Conservation Commission `� j�,0 i�
Town Hall. Nauset Room 4.v
Hearina Meetina. Tuesday. January 21. 2014
PRESENT: Judith Bruce, Chair; Steve Phillips; Vice Chair; Bob Royce; Judy Brainerd;
Rich Nadler, Associate; Jane Hussey, Associate; Kevin Galligan (Associate); John
Jannell, Conservation Administrator.
ABSENT: James Trainor; Jim O'Brien.
8:30 a.m. Call to Order
Continuations
Last Heard 1/7/14 (SP1)
Daniel & Andrea Schmiea. 13 Kinasbury Lane. by Ryder & Wilcox, Inc. Assessor's
Map 71, Parcel 1. The proposed reconstruction of an existing boathouse;-stabilization
of an eroding bank; replacement of failing fiber rolls with gabion/fiber roll toe protection;
removal of invasive plant species, & plant with native species. Work will occur on a
Coastal Bank, on a Coastal Beach, on Land Subject to Coastal Storm Flowage, & within
the Pleasant Bay A.C.E.C. David Lyttle of Ryder & Wilcox, Inc., Seth Wilkinson of
Wilkinson Ecological Design, Sarah Turano-Flores of Nutter, McClennen, & Fish LLP,
and Jim O'Connell, Independent Coastal Geologist/Coastal Land Use Specialist, were
present. David Lyttle explained that as a result of the previous meeting, the applicants
revised the hybrid design to reduce the size of the gabion anchor. David Lyttle went
over the details of the plan revisions, noting the addition of sand, and Jim O'Connell
summarized his report, commenting that the existing groins were exacerbation the
erosion. Judith Bruce asked for clarification on the plan that in this redesign the fiber
rolls in front of the gabions had been removed, and David Lyttle said yes. Judith Bruce
inquired what the fiber rolls were attached to, since no anchors had been removed, and
the gabions were serving as toe protection. Seth Wilkinson explained the mechanical
connection, noting that cables would be woven through the fiber roll array. Seth
Wilkinson stated that this would prevent repeating the problems which had occurred
with the existing fiber rolls. Jim O'Connell pointed out that 1' of the gabions would be
seen at the toe, and they anticipated this structure to be overtopped during storm
events. Judith Bruce stated that while she wanted to make sure that everyone got a
chance to ask their questions, she felt that if the gabions were to be toe protection that
this was a CES, and this property was not eligible at this time since it was greater than
40' from the Top of the Coastal Bank. Kevin Galligan inquired why this work was
proposed at this time. Kevin Galligan pointed out that in the first paragraph of Jim
O'Connell's report that the erosion had been difficult to estimate, and that the dynamic
forces of Pleasant Bay have died down since the break in 2007. Kevin Galligan was
concerned that they were not looking at all of the possible alternatives, and Seth
Wilkinson explained that the discussion to do additional work had begun after the
previous winter storms, where a number of alternatives were discussed. Seth Wilkinson
discussed that once the coconut fiber rolls were immersed in water, their degradation
was increased significantly. These fiber rolls, which saw a lifetime of 2-3 years at a cost
of$1,000.00 per roll, were unable to aid in the plant establishment of the bank. Kevin
Galligan asked what had changed since the Amended Order of Conditions from 2010 to
cover the bottom fiber roll, and Seth Wilkinson noted that the area had been steepened,
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allowing for more area for the sediment to stay in place. Kevin Galligan kept looking at
the overall system since 2006, and thought that this proposed work would result in
scour, with further degradation, and wanted to see something less. David Lyttle pointed
out that the beach elevation at that portion of the fiber array was higher, and why it was
doing better. David Lyttie did not feel that the proposed location of the anchor would
see increased wave energy, and Kevin Galligan noted that they had documented wave
and wind energy, showing intense wind energy. Seth Wilkinson said this was in relation
to the groins in the area, and Jim O'Connell pointed out that the scour from the groins
could be observed. Jim O'Connell was confident that they could break up the wave
action, and explained that the fiber rolls were set back to create a shelf to hold more
sand. Jim O'Connell noted that prior to the fiber roll installation in 2006, there was
between 7-9' of bank movement, and the erosion rate which he measured was 1.8' per
year. Jim O'Connell was not sure whether or not the property would be threatened
within the next several years, and Rich Nadler inquired what the point of reinforcing the
bank would be if the house was not being threatened at this time. Jim O'Connell was
concerned that the applicant was not being permitted to reinforce their bank due to the
new location of the house, and commented that the regulations stated that the house
needed to be within 40' if it was a post 1978 structure whose bank was to be stabilized.
Rich Nadler asked if this was being interpreted as reconstruction, and Jim O'Connell
commented that they were not proposed hard structure. Judith Bruce was concerned
about the use of the word penalized, as this was not a matter of the Conservation
Commission penalizing an applicant for building in a particular location. David Lyttle
agreed that this was not something which they wanted to discuss, and asked to debate
whether this was a CES, an anchor, or something other than a CES. Sarah Turano
Flores concurred, and Rich Nadler asked if the gabions would serve to protect the toe.
Seth Wilkinson explained that of the 6 gabion baskets to be installed, 4 would remain
below beach elevation, and he felt would not have any effect on toe protections. Seth
Wilkinson did not think that by adding something which was not soft did not make it hard
toe protection, but that the sand would come and go, with the gabion baskets being
buried. Rich Nadler was confused by the applicants response, and reiterated his
question of whether or not this would serve as some toe protection. Seth Wilkinson
clarified that it would serve as some part of the toe protection, and Rich Nadler inquired
if it was their sole purpose. David Lyttle explained that there would also be fiber rolls
used, and Rich Nadler asked why gabion baskets were the preferred alternative. Seth
Wilkinson went over the different soft solutions which had been used on other projects
such as sand envelopes, which proved to be inefficient. Seth Wilkinson also discussed
the faults of geotubes, and that the applicant did not want to try to create an elevated
fringe marsh given its lack of success during previous attempts, and this solution would
save the applicant money. Rich Nadler pointed out that, according to the regulations, a
CES was something that created greater toe protection, and felt that this qualified as
such. David Lyttle felt that the proposed plan in fact provided an opportunity to so
something more beneficial than fiber rolls, and Rich Nadler suggested that if the
gabions were removed, it would no longer be a CES. Rich Nadler felt that the
regulations were clear and that this proposed work was a CES, commenting that the
Commission could not use cost analysis as part of their approval process. David Lyttle
disagreed, and Seth Wilkinson felt that the proposed work was an intermediate project.
John Jannell went over other projects which included a progression from soft, to hard
structures and commented how Gabions are preferred over rock revetments when a
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CES is proposed. Sarah Turano Flores pointed out that the applicants found it difficult
to sustain the $1,000.00 per fiber roll per year cost, and reiterated that the applicant
wanted to keep the fiber rolls in place, and the use of this proposed work was a soft
structure not a hard structure. Jim O'Connell felt that if the fiber rolls were removed, the
gabions would be overtopped, and would not provide protection. Rich Nadler felt that
the gabions themselves created an adverse impact, and Jim O'Connell felt the
fundamental idea was to protect the resource area and provide sediment to nourish the
beach. Rich Nadler pointed out that the Commission also had to take in the aesthetics
of this proposal, and Kevin Galligan noted that he did not feel that there was a
significant threat to this area that warranted the work's need to be done at this time.
Kevin Galligan felt that if this was approved, the applicant would return in 3 years for
additional work on this bank. Jim O'Connell agreed that CES's did cause wave action,
but was not convinced that the addition of gabions would add any more of an impact, in
terms of wave energy, than the existing fiber rolls. Judy Brainerd was concerned about
the sand proposed to cover the gabions and its impact to the salt marsh, noting that
shoaling was already happening. Bob Royce agreed, stating that the sand had to go
somewhere, and did not agree with the project. Sarah Turano-Flores felt that by doing
nothing the bank would collapse and destroy the habitat which had been created over
the past 7 years, and Bob Royce pointed out that there was a natural progression of
things to occur. Seth Wilkinson commented that the applicant may stop contributing to
maintaining the existing fiber rolls, and Sarah Turano-Flores pointed out that only 1 '/2 of
the gabions were to be exposed. Judith Bruce asked if the proposed shelf to provide
sand was supposed to keep the gabions covered, and Seth Wilkinson said yes. Steve
Phillips did not think that the proposed work rose to the definition of a CES, and Jane
Hussey inquired if the marsh had grown since the fiber rolls had been installed in 2006.
David Lyttle replied that their attempts were unsuccessful, and Jane Hussey inquired
about the addition of sand and new fiver rolls would impact the salt marsh. David Lyttle
felt the proposed work would promote marsh growth, and Seth Wilkinson pointed out
that it would be difficult to determine if what they were proposing was enough to
promote the marsh growth, but that he did not feel that the additional sand would harm
the marsh. Jane Hussey inquired about the annual maintenance of this proposed work,
and whether or not the new fiber rolls would be vegetated. Judith Bruce noted the
nourishment to be 40 cubic yards, and David Lyttle said while two of the rows were to
be vegetated, the 3rd row was to be determined. Seth Wilkinson explained that when
the fiber rolls were used together they colonized quickly. David Lyttle pointed out the
absence of James Trainor and Jim O'Brien, and felt that their input would be important
before the Commission made a final ruling. David Lyttle explained that for the benefit of
his client he would like all of the regular members present, and Judith Bruce explained
the Commissioners would be required to review the tape and sign an affidavit stating
they had reviewed all of the necessary materials. Kevin Galligan asked that David
Lyttle ask his client whether or not they would choose to maintain the fiber rolls, and
Seth Wilkinson stated that the applicants said it was no longer financially sustainable for
them, and would ask to remove the fiber rolls. Sarah Turano Flores pointed out that this
solution would have not been proposed in this location if the tidal exchange was not
where it is today, and Kevin Galligan asked that Greg Berman take another look at the
revised plan. John Jannell pointed out that there was not a supplemental report
available at this time, and Judith Bruce suggested that this be brought in front of the
Pleasant Bay Alliance to get their opinion on the proposed work. Jane Hussey asked
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about the maintenance commitment by the applicant should this work be approved, and
Rich Nadler was concerned about continuing the hearing based on the current
members sitting on the board. John Jannell pointed out that the Commission also
wanted to have additional information to determine how their interests were protected,
and Jane Hussey asked if this solution failed what the applicants would like to do. Seth
Wilkinson stated that they were not proposing any additional solution beyond what was
shown on the plan, and that there was a way to install the gabions without taking out the
fiber rolls. Judith Bruce felt that the additional information requested would be beneficial
to the Commission, and Jim O'Connell concurred. The Commission discussed whether
or not this would be considered an intermediate solution, and if it qualified as a CES.
Kevin Galligan inquired about the start of the poly filter cloth, and David Lyttle pointed
out that it was behind the gabions. Kevin Galligan explained that it was confusing how it
was shown on the plan, and David Lyttle said he could provide a revised plan. David
Lyttle suggested that either a 2 or 4 week continuance would work, and Rich Nadler
suggested February 11th as an option for everyone to attend.
MOTION: A motion to continue the hearing to February 11th was made by Kevin
Galligan and seconded by Bob Royce.
VOTE: Unanimous.
Notice of Intent
Kent Zelle. 57 Nauset Heiahts Road. by J.0 Ellis Design Co Inc., Assessor's Map 22,
Parcel 54. The proposed pumping and abandoning of an existing septic and cesspools
and the installation of a new septic system to serve an existing dwelling and an existing
cottage. Work will occur within 100' of an Isolated Vegetated Wetland. Jason Ellis went
over the proposed work, passing around a revised plan showing the re-orientation of the
leaching area to save a cedar tree. Jason Ellis pointed out that this was outside of the
buffer zone, and Judith Bruce inquired if the septic tank was being abandoned, and if
both of the septic systems had failed. Jason Ellis explained that the cesspools for the
main house have failed, and that although the cottage had Title V components, it had
perched water, and would fail if inspected. Steve Phillips inquired if the septic tank
could be moved outside of the 50' buffer, and Jason Ellis explained that due to the
depth to get pitch, the tank was already 6-7' below grade, and the state would not
approve such a request. Kevin Galligan asked about the propane tank on site whose
sidewall was rusted, and Jason Ellis said the homeowners indicated the day before that
it was to be removed. Kevin Galligan commented that the site was very muddy, and
asked that all local laws for cleaning of vehicles were addressed. Jason Ellis agreed,
and Steve Phillips asked if the outdoor shower had been approved prior to this
submission. Jason Ellis was not sure when it was constructed, and Steve Phillips
pointed out that it looked new. Jason Ellis concurred, and Steve Phillips pointed out
that by approving this site plan the Commission was approving the location of the
outdoor shower. Steve Phillips recalled that it was close to standing water, and Jane
Hussey suggested that it could be the rebuilding of an existing outdoor shower. Judith
Bruce felt it was important that the applicants be made aware that any work within
Conservation Commission jurisdiction be filed for, and Jason Ellis pointed out that the
town installed a water line through the wetland. John Jannell asked about the
excavation work, with concern about the pumping and filling of the existing septic tank
serving the cottage. Jason Ellis explained that they would dig the holes from Nauset
Road, set the tanks with a boom truck, and go down the longer driveway. Judith Bruce
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suggested that mats be used, and Jason Ellis suggesting hardening which could be
removed. John Jannell asked that something temporary be used, and Jason Ellis
suggested steel sheeting.
MOTION: A motion to close the hearing was made by Kevin Galligan and seconded by
Jane Hussey.
VOTE: Unanimous.
MOTION: A motion to approve the site plan dated 1-20-14 was made by Steve Phillips
and seconded by Kevin Galligan.
VOTE: Unanimous.
Request for Determination of Applicability
Marshoate Limited. 34 & 40 Carlton Road. by Ryder & Wilcox, Inc. Assessor's Map
82, Parcel 1. The proposed pumping & abandonment of existing cesspools & leaching
pits; the installation of a new septic system for main house & cottage; installation of new
municipal water lines; & interior renovations to the existing main dwelling. Work will
occur within the Buffer Zone to the Top of a Coastal Bank & in the Pleasant Bay
A.C.E.C. David Lyttle went over the existing site conditions, explaining that they were
proposing interior work as well as the septic upgrade, and that the work would be done
with little to no disturbance to the area. Judith Bruce inquired if the internal changes
would result in a change in the roofline or make the structure more visible from the
resource area, and David Lyttle explained that there were no exterior changes
proposed. Kevin Galligan commented that this had received Board of Health approval,
and David Lyttle noted that it was just eligible for approval. Kevin Galligan pointed out
that there appeared to be clearing on the south side of the bank, and David Lyttle
commented that there had been some trimming. Judith Bruce stated that this work
needed to stop, and Kevin Galligan agreed that it needed to be addressed. David Lyttle
asked if this could be accomplished with a letter to the applicant versus holding up this
Request for Determination application. Judith Bruce pointed out that this had been
brought up previously and ignored, and John Jannell pointed out that there was an open
Order for the toe of the Bank. David Lyttle commented that this involved bank work,
and John Jannell stated that this was something which had been observed twice, and
would send a letter to the owner to the south. Kevin Galligan did not want to hold up
this permitting process, and John Jannell did not think the cutting of the property to the
south was part of the Bank work. Judith Bruce noted that they may require additional
plantings, screening, or bank restoration for the unpermitted, and David Lyttle
suggested this could be tied into the open Order. John Jannell explained that they were
talking about an open active OOC for which they did accept a planting plan, not to the
property to the south, and the Conservation Department would follow up with a letter
about the cutting of the bank vegetation, not the current property for which they were
having a hearing. Steve Phillips pointed out on the site plan where the 4" PVC pipe at
the edge of the clearing by the deck that should be connected to a drywell. Steve
Phillips inquired how the long line to the cottage was going to get by the trees on site.
David Lyttle explained that the applicants did not want to disturb the trees, and had
hired AMA to complete the installation and make every effort to save all of the trees.
The Commission questioned what the 4" PVC pipe was draining, and David Lyttle said
he would speak with the property caretaker. Judith Bruce suggested the pipe be
redirected to allow the vegetation to absorb the runoff, and inquired if the RDA could be
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conditioned regarding the PVC pipe. John Jannell pulled out the OOC for the bank
work, and explained that the pipe was covered under this OOC. John Jannell
suggested that they could condition the RDA for the elimination of the pipe, and Steve
Phillips said that since it was already covered in the OOC, it was not needed.
MOTION: A motion to close the hearing was made by Steve Phillips and seconded by
Kevin Galligan.
VOTE: Unanimous.
MOTION: A motion to issue a negative determination was made by Steve Phillips and
seconded by Judy Brainerd.
VOTE: Unanimous.
Revised Plan
Robert & Sally Roda. 187 Nameauoit Road. The proposed installation of scour
protection and beach nourishment on a Coastal Bank. Plans have been revised to
include the replacement of fiber roll toe protection over the property line between the
applicant and 189 Namequoit Road. Work will occur on a Coastal Bank, Coastal
Beach, Land Under the Ocean, and within 1 00' of the Top of a Coastal Bank. Jay
Norton of Coastal Engineering Company, Inc., and Robert and Sally Roda, applicants,
were present. Jay Norton went over the Revised Plan, explaining that while the
contractors were on site performing the shorefront protection that they were looking to
replace the deteriorated fiber rolls, and completing all of the work by hand. Jay Norton
pointed out that a letter from the Ferrings had been submitted for the record, and that
they were trying to complete this work while the contractors were out on site. Judy
Brainerd recalled this property, explaining that she had thought there would be future
problems in this area. Kevin Galligan asked for clarification that the proposed work was
nothing new, and John Jannell explained that the Order of Conditions was recorded
against the Roda property. John Jannell explained that the bank was completely
disturbed and that this was an opportune time to complete the proposed work. John
Jannell read into record the letter from the abutter where the repair was proposed.
Judith Bruce inquired if the Ferrings had an OOC for their property, and Jay Norton
explained that it had since expired. John Jannell explained that the expired OOC was
for a fiber roll project and had been properly filed for at that time. John Jannell
commented that Mr. Ferring understood that the proposed work was a one-time
treatment covered under the Roda Order, and that any additional work would require a
new Notice of Intent. John Jannell inquired about the proposed grading on site, and Jay
Norton explained that it was only being done at the toe. John Jannell commented that
they would honor the proposed cut and fill/grade shown, and Jay Norton said this was
correct. Kevin Galligan inquired how long the previous fiber rolls on the Ferring property
were in place and Jay Norton since 2004, so about 10 years. John Jannell explained
that the Rodas had permission to remove the stones, with the plan revisions just for the
8 fiber rolls and sand cover. Steve Phillips inquired if there would be any replanting of
this new area, since he had recalled that there was a significant amount of plantings to
be done at the applicant's site. Jay Norton said no given that it was a sacrificial area.
Judith Bruce asked about the oak tree located on the property line, and whether it would
stay or go. Jay Norton said they wanted to keep it, and would weave the fiber rolls
accordingly. Judith Bruce commented that upgradiant of the oak tree no work was
proposed, and asked about the seeding proposed shown on the Ferring property. Jay
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Norton said the seeding would be brought all the way to the stairway, and Judith Bruce
thought that it would be beneficial to show this. Robert Roda concurred with the
proposed seeding, and John Jannell suggested that the Commission allow the applicant
time to make the notes suggested so that they could have an accurate record of what
was to be approved. John Jannell felt that they could approve the applicant subject to
receipt of a revised plan, and reiterated that the plantings needed to extend to the
stairway given the way that the bank had collapsed. The applicants agreed, and Steve
Phillips asked who had put together the planting details. Jay Norton explained that it
had been Wilkinson Ecological Design, and Steve Phillips asked what would be most
appropriate to plant. The Rodas stated that they would have the same type of
plantings, and John Jannell suggested continuing the strip of proposed plantings. John
Jannell asked that the Commission give the applicant guidance on what they wanted to
see for the plan revision, and Judith Bruce asked that they show that westward of the
stairs was to be planted.
MOTION: A motion to accept this proposed revision pending receipt of a Revised Site
Plan and including the letter written by the Ferrings into the record was made by Steve
Phillips and seconded by Jane Hussey.
VOTE: Unanimous.
Administrative Review
Ruth Montaomerv. 30 Willie Atwood. The proposed removal of 4 pines and 1 oak
tree. Work to be done by ABC Trees. John Jannell commented that this was work
within the 50-100' buffer adjacent to a cranberry bog, with the trees located near and
over the existing house, and recommended approval.
MOTION: A motion to approve this application was made by Bob Royce and seconded
by Jane Hussey.
VOTE: Unanimous.
Vote of Support
Orleans Conservation Trust, 18 Lake Farm Lane. Request vote of support and
execution of a Municipal Certificate for the gift of a Conservation Restriction at 18 Lake
Farm Lane from The Compact of Cape Cod Conservation Trusts, Inc. to the Orleans
Conservation Trust. Kris Ramsay of the Orleans Conservation Trust was present. Kris
Ramsay explained that the Orleans Conservation Trust was hoping to have a vote of
support for this perpetual agreement. Kris Ramsay explained that the applicant had
carved 7 of the 8 acres of his property to pursue a state tax credit, as well as donate the
land, which required a Conservation Restriction. Kris Ramsay explained that this would
next go to the Board of Selectmen, with the land to eventually be owned by the OCT.
Kris Ramsay pointed out that a baseline had been submitted for the Commission to
review, and Kevin Galligan said it was very helpful as it confirmed the value of the area.
Judith Bruce inquired about the total area to be protected, and Kris Ramsay said it was
roughly 7.2 acres. John Jannell explained that two votes were required for this
approval: one for a vote of support, and the second to sign the municipal agreement.
MOTION: A motion to issue a vote of support was made by Bob Royce and seconded
by Jane Hussey.
VOTE: Unanimous.
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MOTION: A motion to sign the municipal agreement was made by Bob Royce and
seconded by Kevin Galligan.
VOTE: Unanimous.
Chairman's Business
Approval of the Minutes from the Meeting on August 20, 2013.
MOTION: A motion to approve this set of minutes was made by Steve Phillips and
seconded by Jane Hussey.
VOTE: Unanimous.
Approval of the Minutes from the Meeting on January 14, 2014
MOTION: A motion to approve this set of minutes was made by Judy Brainerd and
seconded by Kevin Galligan.
VOTE: 6-0-1, motion approved, Steve Phillips abstained.
Other Member's Business
Administrator's Business
John Jannell announced that the MACC Annual Conference information had been sent
to the Commission, and asked that anyone interested in attending contact the
Conservation Department.
John Jannell wanted to thank the AmeriCorps Wellfleet House for their work on the
Coastal Bank at Sea Call Farm. John Jannell explained that they took down two
buildings in the high marsh area, and that the Sea Call Supporters stopped by during
the course of the day. Judy Brainerd commented that they had done a great deal of
work, and Steve Phillips stated that they could not thank them enough. John Jannell
pointed out that this was one of their first outdoor projects, and also thanked the Town
of Orleans staff present on site as well.
The meeting was adjourned at 10:50am
Respectfully submitted,
Erin C. Shupenis, Principal Clerk, Orleans Conservation Department
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