HomeMy Public PortalAboutConservation Minutes 2014-04-08 Orleans Conservation Commission Work Meeting 4-8-14
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Orleans Conservation Commission 1d SrP
Town Hall. Nauset Room
Work Meetina. Tuesday. ADHI 8. 2014
PRESENT: Judith Bruce, Chair; Steve Phillips; Vice Chair; Bob Royce; James Trainor;
Jim O'Brien; Judy Brainerd; Rich Nadler, Associate; Kevin Galligan, Associate; John
Jannell, Conservation Administrator.
ABSENT: Jane Hussey, Associate; Kevin Galligan, Associate.
For the purpose of today's hearing, Rich Nadler will be a voting member.
8:30 a.m. Call to Order
Continuations
Last Heard 4/1/14 (JH1)
Kenneth J. & Albarosa Cuccina Gandolfi. 84 Captain Linnell Road. by Ryder &
Wilcox, Inc. Assessor's Map 32, Parcel 53. The proposed removal of an existing deck
& construction of a screened porch attached to an existing single-family dwelling. Work
will occur within 100' of the Top of a Coastal Bank, Edge of Wetland, Stream, & Land
Subject to Coastal Storm Flowage. David Lyttle of Ryder &Wilcox, Inc., was present.
David Lyttle stated that a letter from NH ESP had been received by the applicant, and
Judith Bruce announced for the record that this was the last piece of paperwork which
the Commission was waiting for prior to closing the hearing.
MOTION: A motion to close the hearing was made by Bob Royce and seconded by
Judy Brainerd.
VOTE: Unanimous.
MOTION: A motion to approve the site plan dated 3-12-14 was made by Steve Phillips
and seconded by Bob Royce.
VOTE: Unanimous.
Revised Plan
Town of Orleans/Parks DeDartment. SE 54-1998. 192 Skaket Beach Road. The
Order for removal & reconstruction of a snack bar within an existing parking area;
installation of a septic system for bath house & snack bar, &the pumping,
abandonment, & removal of the existing system has been revised to alter the size of the
snack shack. Work will occur within 1 00' of a Coastal Beach, Coastal Bank, Coastal
Dune, & within Land Subject to Coastal Storm Flowage. Ron Collins, facilities manager
for the Town of Orleans, was present. Ron Collins went over the problems with the
previously approved plan given that the full impact of the Board of Health had not been
addressed. Ron Collins went over the necessary changes due to Health Codes, and
Judith Bruce inquired if this was the smallest size to which the structure could be given
its proximity to the Coastal Bank. Ron Collins explained that it was overall fixture to
fixture, and Judith Bruce did note that it would be over asphalt. Steve Phillips inquired if
the design had incorporated the potential for storm damage and the need for it to be
moved, and Ron Collins explained that it was still in the concept phase, but that it
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Orleans Conservation Commission Work Meeting 4-8-14
required a full foundation with hurricane tie downs. Although these preventative
measures would be installed, it could still possibly be picked up and moved, but this was
not something which they were planning at this time. James Trainor asked if they had
considered turning it sideways, and Ron Collins explained that this design minimized
the amount of sand blowing into the shack for health reasons, as well as limited the
amount of patrons further encroaching into the parking area. John Jannell went over
the file history for this project, noting that the approved plan in 2009 carried two
locations for the snack shack: one for the existing, and one for an alternate location.
Judy Brainerd inquired about the timeframe for the work, and Ron Collins told the
Commission that they had an agreement from Cape Cod Tech, with the permitting work
to be done in the Spring, and construction to begin after Labor Day. John Jannell
pointed out that the upgrading of the septic system had already been completed. Jim
O'Brien asked if there were square foot comparisons between existing and proposed,
and Ron Collins said that while the original octagon as submitted was 210', the new
facility was proposed to be 504'. Judith Bruce noted that the change looked minimal,
and Ron Collins pointed out that the plan view was the outline of the overhang of the
building. Rich Nadler pointed out that by boxing out the original approved octagon the
square footage was 324'. David Lyttle explained that an octagon design was too
difficult for the Cape Cod Tech to build, and the new proposed design is something
which they will be able to construct. Judith Bruce noted that this was still structure
sitting on asphalt, and John Jannell said the Commission could either accept the
Revised Plan or direct the applicant to file an Amended Order of Conditions for the
proposed work.
MOTION: A motion to approve the Revised Plan as submitted was made by Bob Royce
and seconded by Judy Brainerd.
VOTE: Unanimous.
Discussion
Town of Orleans/Parks Deaartment, SE 54-1947, Skaket Beach. The Order for
Annual Nourishment of Skaket Beach will be discussed to review the proposed annual
schedule and annual nourishment needs for the beach planned to occur. John Jannell
explained that this was on the agenda for work which occurred annually, and Ron
Collins explained that this year they would use the sand material stockpiled on Beach
Road at the Nauset Beach Motel for nourishment and would not use the offshore donor
site. John Jannell explained that the Army Core of Engineers recently renewed the
offshore donor site. John Jannell noted that there was no vote required for the existing
Order. Ron Collins simply wanted to make the Commission aware that this work would
be taking place before May Vt. Ron Collins thanked the Commission for their time.
Certificate of Compliance
Andrew & Sandra Ginnis (1998), 35 Orie Lane. The request for a Certificate of
Compliance for an Order of Conditions for the construction of a 4 bedroom dwelling,
garage, driveway, grading, water service, septic system, manhole, and drainage pipe.
John Jannell explained that the project was in substantial compliance, and the
Commission could issue a Certificate of Compliance.
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Orleans Conservation Commission Work Meeting 4-8-14
MOTION: A motion to issue a Certificate of Compliance was made by Bob Royce and
seconded by Steve Phillips.
VOTE: Unanimous.
Eric & Sandra Joraensen (2010). 7 Harbor View East. The request for a Certificate
of Compliance for an Order of Conditions for the removal of invasive plant species and
the planting of native species. John Jannell went over the file history for this property,
as well as passed around photos of the site. Judith Bruce inquired if it would be
beneficial to leave the temporary irrigation in case it was a dry year, or would it disrupt
the Bank. John Jannell said that while it did not cause destabilization, if the applicant
felt that the property was in substantial compliance, the plantings should be hearty
enough to survive without the additional use of irrigation. Steve Phillips felt that it
should be removed since it was not biodegradeable and could become a potential
hazard since over time it would deteriorate. Rich Nadler inquired how long it had been
since the work had begun and plantings were installed, and John Jannell reported that it
had been 4 years since the removal phase, and that the plantings had been installed 3
years ago.
MOTION: A motion to issue this Certificate of Compliance was made by Bob Royce and
seconded by Judy Brainerd.
VOTE: Unanimous.
Administrative Reviews
David Dickerson. 68 Gibson Road. The proposed removal of 2 standing dead cedar
trees and bittersweet, and replace with 2 winter berry and two arrowood viburnums.
Work to be done by Conquest Landscaping. John Jannell reported that this would be
for the removal of only one cedar tree, and that plantings would include 6 highbush
blueberries in addition to the arrowwood.
MOTION: A motion to approve this application was made by Bob Royce and seconded
by Judy Brainerd.
VOTE: Unanimous.
Linda Scholle. 7 Lockwood Lane. The proposed removal of 10-15 trees. Work will
occur within 100' of the Edge of Paw Wah Pond and within the Pleasant Bay A.C.E.C.
Work to be done by Stephen Tringale. John Jannell stated that Stephen Tringale was
the abutter to the property who harvested the black locusts for firewood, and that the lot
has a lot of deadfall and was also going to remain well treed. Judith Bruce asked that
the tree in the pond be removed first, and John Jannell noted that the removal of that
tree was not on the application. Judith Bruce asked that the applicant be made aware
that it was on the lot, and thought they could ask him to remove this specific tree.
MOTION: A motion to approve this Administrative Review was made by Bob Royce and
seconded by Judy Brainerd.
VOTE: Unanimous.
Patricia Johnson. 645 S. Orleans Road. The proposed removal of an oak limb. John
Jannell explained that due to the parcel's limited amount of trees, the applicant had filed
for this work. The limb itself was sitting on the roof.
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Orleans Conservation Commission Work Meeting 4-8-14
MOTION: A motion to approve this work was made by Bob Royce and seconded by
Judy Brainerd.
VOTE: Unanimous.
Charles Roth. 16 Jack Knife Point Road. The proposed removal of honeysuckle and
deadwood, and the pruning of viburnum and bayberry. Work to be done by David
Gilmore. John Jannell explained that this was a vacant lot which he walked with David
Lyttle, and the application was for the removal of 3 viburnums and one bush
honeysuckle in addition to the pruning to be done. Judith Bruce was concerned about a
new owner wanting to come in to prune the site, and David Lyttle explained that the
majority of the work was outside of Conservation Commission jurisdiction. Judith Bruce
wanted to make sure that this was a one-time cut, and David Lyttle said that the
applicant would come in front of the Commission to do any maintenance pruning.
MOTION: A motion to approve this application was made by Jim O'Brien and seconded
by Bob Royce.
VOTE: Unanimous.
Nancv Roach. 21 Briar Springs Road. The proposed removal of two fallen trees.
Work to be done by Mike Kager. John Jannell explained that this was a multi-stemmed
red maple that was split and needed to be removed, and would make a note to leave
the stump.
MOTION: A motion to approve this Administrative Review was made by Bob Royce and
seconded by Judy Brainerd.
VOTE: Unanimous.
Orleans Conservation Trust, 112 Skaket Beach Road. The proposed construction of
an Osprey Pole. Work to be done by Orleans Conservation Trust volunteers,
Massachusetts Audubon Society, and AmeriCorps Cape Cod. James Trainor and
Judith Bruce recused themselves. Kris Ramsay of the Orleans Conservation Trust was
present. Kris Ramsay explained the proposed work, noting that the pole would be hand
dug during low tide, and that the height would be estimated around 20'. Steve Phillips
inquired if access would be sought through a wooded area which would require cutting,
and Kris Ramsay explained that although they may have to traverse through 5-10' of
phragmites, no vegetation would be cut.
MOTION: A motion to approve this work was made by Jim O'Brien and seconded by
Bob Royce.
VOTE: 5-0-2; motion approved.
Judith Bruce returned.
Orleans Conservation Trust. Twininqs Pond. The proposed installation of a wood
duck box. Work to be done by Orleans Conservation Trust. Kris Ramsay pointed out
that this was an after the fact application, and explained that they would be willing to
remove it should the Commission not approve this application. Kris Ramsay went over
the application, noting that it was done prior to approval due to the difficulty to access
the site, and that it was a 4x4x12' pole in the muck on a pressure treated pole. Judith
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Orleans Conservation Commission Work Meeting 4-8-14
Bruce noted that the birds were extremely secretive and easily disturbed, and that this
was a good quiet nesting area for the birds.
MOTION: A motion to approve this work was made by Bob Royce and seconded by
Judy Brainerd.
VOTE: 6-0-1, motion approved.
James Trainor returned.
Chairman's Business
Approval of the Minutes from the Meeting on December 3, 2013.
Judith Bruce reported that these minutes were not ready at this time.
Approval of the Minutes from the Meeting on March 11th, 2014.
MOTION: A motion to approve this set of minutes was made by Judy Brainerd and
seconded by Bob Royce.
VOTE: Unanimous.
Approval of the Minutes from the Meeting on March 18th, 2014.
MOTION: A motion to approve this set of minutes was made by Judy Brainerd and
seconded by Bob Royce.
VOTE: Unanimous.
Approval of the Minutes from the Meeting on March 25th, 2014.
MOTION: A motion to approve this set of minutes was made by Judy Brainerd and
seconded by Bob
VOTE:
Other Member's Business
Inlet Road Determination of Applicability. Richard Cuda et al., Inlet Road. The
Commission will review the RDA issued prior to the DEP on-site meeting scheduled for
4/9/14 @ 10AM.
John Jannell stated that the RDA had been re-circulated to the Commission and that the
reason for the on-site was because the applicant had sought an appeal for the RDA
issued by the Conservation Commission. John Jannell went over the determinations
issued for the RDA for Inlet Road as submitted by Richard Cuda. John Jannell
explained that he would go over the findings for the DEP representative, as well as all of
the abutters, if there were any questions. John Jannell assumed that they would walk
up and down the road, and Judith Bruce asked if Mike Ford would be present. John
Jannell confirmed that Mike Ford would be present representing the Park
Commissioners and the Conservation Commission, and Steve Phillips asked if the road
flooded during high tides. John Jannell said no, and that they would be able to drive
down a portion of the road without causing too much disturbance. Judith Bruce asked if
it would be appropriate to inquire when the Commission would hear a response from
DEP, and John Jannell said that they were welcome to ask the representative.
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Orleans Conservation Commission Work Meeting 4-8-14
Administrator's Business
Correspondence
Enforcement Letter to 36 Alden Road
John Jannell wanted the Commission to be aware of a violation which had been brought
to the Conservation Department's attention, and that he had spoken with the
homeowner. Judith Bruce asked if the work had ceased, and John Jannell reported that
it had ceased.
Site Visits
The Commission discussed the site visits.
The meeting was adjourned at 9:29
Respectfully submitted,
Erin C. Shupenis, Principal Clerk, Orleans Conservation Department
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