Loading...
HomeMy Public PortalAboutConscom 2015-08-18 Orleans Conservation Commission Hearing Meeting 8-18-2015 '15 DEC 22 1?:02N1 VD Orleans Conservation Commission - ' � t ORLEANS TON CLERK Town Hall, Nauset Room Hearing, Tuesday, August 18, 2015 Present: Steve Phillips, Chair; Kevin Galligan, Vice-Chair; Judith Bruce, Judy Brainerd, Mike Brink, Members; Pam Herrick, Charles Ketchuck, Jane Hussey, Associates; & John Jannell, Conservation Administrator. Absent: Jim O'Brien & Rich Nadler (late); Pam Herrick will vote until Rich Nadler arrives. 8:30 a.m. Call to Order Continuations Last Heard 8/4/15 (JO1 JH1) Karlson Investments, LLC, 14 Blueberry Lane by Ryder & Wilcox, Inc. Assessor's Map 28, Parcel 64. The proposed construction of a 3 bedroom dwelling, including a pervious driveway, septic system, rain garden, & landscaping. Work will occur within 100' of the Edge of a Wetland & a Ditch. David Lyttle, from Ryder & Wilcox, Inc. was present. This hearing was continued so the applicant could provide the Commission with additional information. Additional location work was done to include a pipe/culvert installed to connect the ditch and the wetland. There is currently an overland connection and nothing is intercepting stormwater from entering the wetland in the cul de sac. David Lyttle noted if a drainage pipe was installed, it would have to be 1' below the traveled surface & if the pipe was buried it would be 1' below the wetland. He further noted during a significant rain, if the water finds its way down, it will go across into the wetland. David Lyttle described section AA, the cross section of the rain garden that would be the area where Phil Cheney is proposing supplemental plantings. A tree inventory was completed & a fair amount of the trees proposed to be removed have no native tree value; a proposal to plant 15 new trees in the area accompanies the filing. Judith Bruce stated that if there are heavy spring rains, the dirt may wash into the center of the cul de sac and wetland and inquired about digging out dirt in the driveway & adding rock for driving purposes. David Lyttle said that a trench could be created, but it will fill up and the water would still travel into the wetland and may fill up the rain garden. Historically, there have been no signs of erosion across the road. If there is overflow, it is a confined channel. Kevin Galligan said that he would like to see sediment controls increased during construction. David Lyttle said that straw waddles and a fabric silt fence would be used. The slope should be stabilized if there is any unexpected water running off the slope. Steve Phillips would like to see the north side of the ditch remain as natural as possible. MOTION: A motion to close the hearing was made by Judith Bruce and Pam Herrick seconded. VOTE: 7-0-0 Unanimous. 1 Orleans Conservation Commission Hearing Meeting 8-18-2015 MOTION: A motion was made by Kevin Galligan to approve the site plan dated 8/13/2015 & landscape plan dated 7/6/2015, with the following special conditions to ensure the health & survivability of plantings, organic/soil amendments with suitable organics are allowed; additional soil erosion control with straw waddles/fabric silt fence & no disturbance near the ditch, and the opposite side of the ditch shall remain naturalized and undisturbed, was seconded by Judith Bruce. VOTE: 7-0-0. Unanimous. Notice of Intent Cecil Newcomb & Anne Siqsbee, 35 Keziah's Lane by Ryder & Wilcox, Inc. Assessor's Map 49, Parcel 45. The proposed renovation to an existing dwelling, installation of a new septic system, terrace, & wall. Work will occur within 100' of the Edge of a Bog, Salt Marsh, Coastal Bank, Land Subject to Coastal Storm Flowage, & in the Pleasant Bay A.C.E.C. David Lytt le, from Ryder & Wilcox Inc., was present. The applicants were present in the audience. David Lyttle apologized for submitting a revised plan, which shows 5 trees to be removed, which were flagged during the on-site visit. Photographs were passed around. David Lyttle stated this is probably one of the greenest footprints that you will find on the water. It is a 2 compartment, underground, concrete home, which has a connection to a garage with a space above. He noted there are lengthy restrictions on the property and the applicants would like to increase the property from a 2 to a 3 bedroom. The septic tank & pump chamber will be located on the westerly side of the house that will be connected to a leaching facility outside of the 100' buffer, adjacent to the driveway. The new septic system is an improvement to the property. On the northerly property line, they are proposing removal of a wall to expand the driveway allowing for an easier vehicular turn-around. Driveway expansion will also help during construction. David Lyttle said the applicants would like to put in a bluestone dry laid patio where there is an existing dirt terrace on the east side. On the west side of the dwelling, they would like to formalize the existing slate stones with a dry laid patio. 5 dying oak trees will be removed and 4 oak trees south of the garage will be removed for installation of solar panels. The current restrictions for this location are that the footprint cannot be expanded, the driveway has to be maintained as pervious, however they can install new utilities. A copy of the restrictions should be put with the file. They do not have any intention of vista pruning, however the restriction allows for vista pruning. David Lyttle said the Applicants understand they would have to have approval from the Commission before further pruning takes place. The 3`d bedroom is going within the garage space. There is very good screening for the dwelling. There is very little of the dwelling visible from the pond. The 14" oak proposed for removal is not for a better view as this tree is a hazard to the home and patio area. David Lyttle said that he could expand the limit of work line if the Commission would like. There is no disturbance being planned for beyond the limit of work. Jane Hussey stated that she is happy the property is being saved as it is culturally historical. MOTION: A motion to close the hearing was made by Steve Phillips and was seconded by Kevin Galligan. 2 Orleans Conservation Commission Hearing Meeting 8-18-2015 VOTE: 7-0-0 Unanimous. MOTION: A motion was made by Kevin Galligan to approve the plans dated 8/11/2015 with a copy of the Conservation Restriction to be put with the file, and was seconded by Jane Hussey. VOTE: 7-0-0. Unanimous. (Rich Nadler arrived at the meeting at 8:58 a.m.) Timothy J. Brady & Heidi J. Schmidt, 27 South Orleans Road by East Cape Engineering, Inc. Assessor's Map 26, Parcel 69. The proposed stabilization of a Coastal Bank, the rebuilding of an existing stairway, & the construction of a proposed walkway. Work will occur within 100' of a Bordering Vegetated Wetland & Salt Marsh, on a Coastal Bank, & in Land Subject to Coastal Storm Flowage. Tim Brady, from East Cape Engineering, was present. The property is located on Town Cove and is presently subject to an Order of Conditions, and a planting plan. The planting is in its 3`d year of activity and the bamboo is being maintained regularly. When the new FEMA flood maps were released, the whole westerly side of town cove was labeled as a velocity flood zone, and significant erosion did occur last winter. Tim Brady stated with northeast winds, it creates the most impact on the bank, and it is severely eroded. The proposal is to provide stone gabion baskets at the toe of the slope, reshape the slope, and replace plant materials. There is excess fill on the site from current construction, which will be applied to the bank by chutes. The proposal would require access from the waterside, by bringing an excavator by barge. Tim Brady stated the coastal bank has freshwater seeping from above & there is a strip of a freshwater bordering vegetated wetland, then a narrow strip of salt marsh. The proposal is to stabilize the bank with fill, install stone baskets at the toe of the bank, plant over the baskets and then supplement the bordering vegetated wetland with additional wetland plants. There are pussy willows located at the bottom of the slope that have helped in protecting the bank. The tall grasses in the freshwater buffer zone die back in the winter and the hope is to bring in shrubs to protect the bank. The existing wood stairway was in marginal condition when the property was purchased and the proposal is to rebuild the entire stairway. The concrete slab was undermined and destroyed so new posts will be necessary. Due to the bordering vegetated wetland, the applicants would like to install a walkway near the mean high water that will be a short walking ramp close to the ground with no hand rails necessary. Judith Bruce stated that the gabions look steep, and the Commission would like to receive an opinion from Greg Burman at Barnstable County on coastal projects. Jim O'Connell has been to the site and the steepness of the gabions are typical. The intention is to cover over the baskets with plantings. Once freshwater vegetation is there, it will slow down any wave action from storms. Jim O'Connell said he did not think any additional sediment would be needed once the covering is removed. Judith Bruce suggested that the walkway be constructed with 1" spacing between the planks. Tim Brady said that would be acceptable. Tim Brady noted the dwelling is approximately 30- 35' from the top of the bank now and the top of bank has not moved. Rich Nadler suggested looking into the possibility of using a softer solution. The applicant noted that 3 Orleans Conservation Commission Hearing Meeting 8-18-2015 this is in a velocity zone & they could fill and replant and use fiber/coir envelopes, which would be a short-term solution. The gabion baskets are a longer lasting option, with a stone revetment being the biggest and most permanent option. Rich Nadler noted the Regulations state that applicants should try for the softest solution first. Tim Brady responded that the fiber rolls may work, but they are a little shaky for a long-term solution. He stated there is not a condition that prevents the work because this is reconstruction. The house was originally built around 1960 and it was torn down to the foundation and re-built. A discussion about the height of the proposed walkway took place. John Jannell suggested that the applicant look at 196A.11.1 regarding the walkway. It was noted that the walkway is seasonal and removable and will need to be anchored. The concrete footing under the stairs will be demolished and buried under the bank with the fill. It is stone and concrete. Rich Nadler said that he would prefer the concrete removed from the bank. Tim Brady said there is nothing noxious about old concrete being in the bank. Judith Bruce inquired about the lyme in the concrete possibly leaching out. It was noted that a list of the existing wetland plants in the Freshwater Wetland has not been provided, which the Commission said would be helpful. Steve Phillips said there is a need for a list of the existing plants. Charles Ketchuck said there is a large tree on the bank and asked if any erosion had impacted it. The applicants said their plan is to prune 30% of the tree, refill the bottom, and monitor it. Tim Brady said the natural shoreline will not be bumped out. To the south side is the Town Conservation property, with a slightly different slope and no water leaching. To the north, there is the same kind of problem. Tim Brady said he is only going to fill his property line. The abutters have been notified of the project. John Jannell asked about the posts shown on the plan. Tim Brady said that normally when building a revetment, there are anchors proposed at the toe of the bank, below grade, that will hold the bank. Tim Brady said this design will have a post every 18" to support the baskets on the bottom that will be driven in by a pile driver. The Commission said the stones should not be sized so they go through the mesh. The mesh itself is normal about 1". 3" minimum sized stone will be needed. Tim Brady noted the wood landing leading into the walkway is like a landing for stairs. It will be turned slightly and will be the same height as the walkway. The walkway will be 1-2' above the ground, with a platform, and the walkway will have 2 to 3 steps. The Commission asked for details to be provided on the plan and additional details at the end of the walkway are needed. Kevin Galligan said that he would like to see more information, with a written construction protocol, timeline, & the order of the proposed work. He said this is a unique property and project. He also said he would consider a time-of-year restriction to protect the marsh from the work. The applicant noted he would like to get the project done as soon as possible. The Commission said there are real concerns about the equipment at the toe of the bank due to how soft it is. Tim Brady said a construction protocol will be provided to the Commission. At a minimum, matting will be required for the equipment. John Jannell wants the applicant to go through the design criteria for the walkway for the Commission. The applicant should be focused on the walkway and if it meets the design and performance standards. John Jannell stated if Greg Berman is going to be consulted, he wants to know what questions the Commission has, one being alternatives or other options, two being nourishment requirements and frequency. Also the Commission could ask for anchoring detail comments and review of the 4 Orleans Conservation Commission Hearing Meeting 8-18-2015 construction protocol and the approach to the work. John Jannell said the applicant is using a Cape Organics coastal planting plan active under another OOC. The Commission would like to have a copy of the planting list (originally and currently proposed). MOTION: A motion to continue the hearing to September 8, 2015 was made by Judith Bruce and seconded by Kevin Galligan. VOTE: 7-0-0. Unanimous Phillip Kuhlmann, 12 Baxter Lane, by JC Ellis Design Company, Inc. Assessor's Map 43, Parcel 111. The proposed construction of a 10'x16' extension to an existing screened-in porch. Work will occur within 100' of a Bordering Vegetated Wetland. John Jannell informed the Commission that a letter requesting a continuance to the August 25, 2015 meeting has been received. MOTION: A motion to continue the hearing until August 25, 2015 was made by Judith Bruce and seconded by Kevin Galligan. VOTE: 7-0-0. Unanimous Cape Cod Village, Inc, off Child's Homestead Road, by Coastal Engineering Company, Inc. Assessor's Map 25, Portion of Parcel 74. The proposed installation of a driveway & utilities. Work will occur within 100' of the Edge of a Bog & over a Culverted Intermittent Stream. Brad Malo, from Coastal Engineering, and Bob Jones & Giselle Gothier, were present. Cape Cod Village acquired property at the rear of the Mid-Cape Home Centers' property. They are proposing to construct a community for adults with autism, that will have 4 residential units. The applicants have been in front of the Site Plan Review. This property is presently accessible thru the Mid-Cape property. As a result of the purchase of the property, the applicants are restricted to access this property via an existing access right-of-way. They are proposing the first phase of the project to be a driveway into the main body of the project. Brad Malo described the proposed work to the Commission. He said in order to access this property for all work, they need to propose an access roadway. They have designed a proposed driveway access to the site. The area is close to an existing cranberry bog, and the edge of the bordering vegetated wetland has been flagged. The driveway is to be constructed greater than 50' from any of the bordered vegetated wetlands. The proposed driveway location would cross the drainage culvert. There is about a 4' separation from the driveway to the culvert. They are proposing a sedimentation barrier. Surface runoff would be caught and piped to a biofiltration swale. There are a few trees along the route and they will have to be removed, as there is no way to avoid them. There are many more to remain undisturbed. They are proposing to match the amount of pavement installed with pavement removal from the site in the 50' buffer zone. Brad Malo said there will be no net increase in pavement as part of this project. 5 Orleans Conservation Commission Hearing Meeting 8-18-2015 An aerial photo was presented to give a 2012 overview of the site. There is a significant amount of pavement, with a portion overgrown and obscured in this image. For years there has been debris and stock materials piled in the back of the site. A more recent image shows that most of that material has been removed. Rich Nadler inquired about the current shape of the drainage pipe. Brad Malo stated that from the visible end it is a 15" pipe in good-working condition. Based on plans, it is believed to be a typical schedule 30 pvc pipe with water flowing in the marsh area. It was dry as of last week. It was flowing freely back in the spring. The biofiltration swale has nothing to do with drainage. It is strictly for flow running off the paved driveway. Kevin Galligan wanted to be clear regarding the scope of work, that it includes the driveway, utilities & swale recharge basin. Additionally it will include pavement removal. Kevin Galligan requested more detail regarding the swale recharge basin. Brad Malo said he will provide the stormwater calculations when they are completed. There will be stormwater runoff control centers built for the buildings/parking areas outside of the buffer zone. When the design of the system comes is completed, it can be presented to the Commission. The Commission has not yet seen the building. Pam Herrick said her concern is approving the building of a road to a building that they have not seen, however, it is out of the Commission's jurisdiction. A rain garden should be sufficient to take care of the runoff. The Commission can make sure that mitigation is in place. There are 2 catch basins in the area. One is in the 75' to 100' buffer and one is outside of the Commission's jurisdiction. In the future, they will be removed. Brad Malo is not sure if the catch basins are functioning. Brad Malo stated that even though one of the basins is outside of the buffer zone, it might still require Commission review. Rich Nadler and Judith Bruce agree that applying for a permanent entrance makes the most sense. They said this whole area has a tremendous amount of runoff entering Cedar Pond via the culverted stream, and they noted attention should be brought to the entire project and runoff. John Jannell inquired about a commitment to recharge stormwater outside of the buffer zone once it is complete. He noted the Commission doesn't want the swale to be the receiving area for the whole development as it will recharge into the intermittent stream. Charles Ketchuck questioned how snow removal would be handled. As of now, it has not been addressed. Any snow piled on the side is going to be in the proximity of a closed underground pipe. Judith Bruce stated that they saw the swale and the open pipe. The open end of the pipe is 50' from the road. John Jannell stated he believes the open end of the pipe was in the swale and that the pipe consisted of green pvc. He said that from the nearest contour, the swale is 115' away. John Jannell said they are proposing infrastructure within the 50' buffer. The distance from the pipe is about 20'. The concrete bulkhead has not been located on the plan. Steve Phillips mentioned the bog's water control structure and asked who controls it. It was noted that it is not currently active. Brad Malo stated this project will not increase surface runoff into the pipe. And there is a 1 to 2-page construction protocol submitted for this project. He stated once the activity is done and utilities are installed, an inspection of the pipe would be done to verify it's condition. The Commission required that a pre- and post-inspection of the pipe should be conducted. 6 Orleans Conservation Commission Hearing Meeting 8-18-2015 MOTION: A motion to close the hearing was made by Judith Bruce and seconded by Judy Brainerd. VOTE: 7-0-0 Unanimous MOTION: A motion was made by Kevin Galligan to approve the plan dated 8/3/2015 with the project narrative, limited only to the proposed access driveway, associated utilities, biofiltration swale, and stormwater and was seconded by Judith Bruce. The applicant will provide stormwater calculations within 21 days and the buried drainage culvert will be inspected pre- and post-construction. Any repairs or damage will require an additional filing. VOTE: 7-0-0 Unanimous Certificate of Compliance Marilyn Talbot Gass (1997), 2 Talbot Point. The request for a Certificate of Compliance for an Order of Conditions for the unauthorized cutting at 2 Talbot Point. John Jannell reported that some members might recall this, it was a significant violation back in 1997, which preceded all members. John Jannell with Mr. Gass to inspect the project a year ago, which was inspected by Sandy MacFarland years ago. It is still an undeveloped lot and they are in compliance with the Order. MOTION: A motion was made by Judy Brainerd to release this Certificate of Compliance and was seconded by Judith Bruce. VOTE: 7-0-0 Unanimous Request to Release Bond Marilyn Talbot Gass (1997), 2 Talbot Point. The request to release a security bond for plantings at 2 Talbot Point. John Jannell said the Commission can vote to release the bond with the Order being in Compliance. MOTION: A motion was made by Judith Bruce to release the security bond and was seconded by Judy Brainerd. VOTE: 7-0-0 Unanimous Kevin Galligan recused himself. Administrative Reviews Orleans Conservation Trust, Ice House Pond. The proposed installation of a wood duck box. Work to be done by the applicant. Elizabeth Migliore & Steve O'Grady were present. Just off the property on the Northeast corner, a small brush-cut trail straight down into the water is proposed for the duck box. They would use 10' galvanized steel pipe, the duck box would remain 4' above the surface and would be facing the water south. A similar one was installed in Twinings Pond. 7 Orleans Conservation Commission Hearing Meeting 8-18-2015 MOTION: A motion to approve this administrative review was made by Judith Bruce and seconded by Judy Brainerd. VOTE: 7-0-0 Unanimous Kevin Galligan returned to the meeting at this time. Cathy Bevans, 51 Gosnold Road. The proposed trimming and mowing of a path including the removal of a dead cedar tree and trimming of tree branches. Work to be done by Bruce White of Bravo Landscaping. This was originally approved in 2012 & the applicant would like to do the work again. The path is still walkable. The administrative review allows for the work to be done once within a year. If it is not done, it will expire. There is no time of year restriction for the project. 4' is the limit. MOTION: A motion to approve this administrative review was made by Kevin Galligan and seconded by Judith Bruce. VOTE: 7-0-0 Unanimous Kevin Shea, 18 Towhee Lane. The proposed installation of a pergola 10'-wide by 8'- high by 6'-deep. Work to be done by the applicant. Kevin Shea said there is climbing hydrangea, and the resource area is the pond. This is the outer buffer, between 50-100'. They have provided a sketch with a couple of posts to get the plant off of the house. MOTION: A motion to approve this administrative review was made by Judith Bruce and seconded by Kevin Galligan. VOTE: 7-0-0 Unanimous Edmund & Sue Pitcher, 4 Harbor View East. The proposed removal of 7 oaks dying from Gall Wasp. This project has prior approval from 2013, however the work was not done. There are a number of dead oaks and a number in the neighborhood, which will have other filings. 3-4 will remain on site for habitat. The mature bigger trees are dying. The Commission said they appreciate that the applicant continues to leave snags. MOTION: A motion to approve this administrative review was made by Kevin Galligan and seconded by Judith Bruce. VOTE: 7-0-0 Unanimous • Chairman's Business Approval of the Minutes from the Meeting on July 22, 2014. MOTION: A motion to approve the minutes from the July 22, 2014 meeting was made by Kevin Galligan and seconded by Judith Bruce. 8 Orleans Conservation Commission Hearing Meeting 8-18-2015 VOTE: 6-0-1 (Mike Brink abstained.) Approval of the Minutes from the Meeting on August 11, 2015 MOTION: A motion to approve the minutes from the August 11, 2015 was made by Kevin Galligan and seconded by Judith Bruce. VOTE: 7-0-0 Unanimous Other Business Vote to Authorize Chair to send letter to Eversource RE: Putnam Farm Access. John Jannell spoke briefly on trying to permit access drive into the Putnam farm conservation access. The design that is now approvable by Eversource will ultimately require a filing with Conservation. The Town has drafted a legal agreement to be executed by Eversource who is an easement holder over Barnstable County. All three parties would need to sign the legal agreement in order for access to be constructed. The draft is at Eversrouce and has yet to leave their office. John Jannell is asking for the Chair to write a letter of support for the access drive noting the Agricultural Council already voted to send a letter of encouragement. MOTION: A motion to approve the sending of a letter of support was made by Judith Bruce and seconded by Judy Brainerd. VOTE: 7-0-0 Unanimous Cedar Pond Petition John Jannell circulated a petition signed by over 10 residents. It is being reviewed by Town Council and the Board of Selectmen. It may be a potential future agenda item. The meeting was adjourned at 10:31 a.m. Respectfully submitted, Jennifer Clarke, Recording Secretary, Orleans Conservation Department 9