HomeMy Public PortalAboutConscom 2016-02-16 ORLEANS TOWN CLERK
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Orleans Conservation Commission '16 FEB 24 9:f3ki
Town Hall, Nauset Room
Hearing, Tuesday, February 16, 2016
PRESENT: Judith Bruce, Rich Nadler, Judy Brainerd, Steve Phillips, Chair; Kevin
Galligan, Vice-Chair; Mike Brink, Jim O'Brien, (Members); Charles Ketchuck,
(Associate); and John Jannell, Conservation Administrator.
ABSENT: Pam Herrick and Jane Hussey, (Associates).
8:30 a.m. Call to Order
Notices of Intent
Ronald and Debbie Fellman, 16 Meg's Lane, by Ryder & Wilcox, Inc. Assessor's
Map 48, Parcel 63. The proposed replacement of the existing stairway, installation of a
kayak rack, stone steppers and a pervious stone patio and vegetation management.
Work will occur on a bank, in the 50' and 100' buffer zone to a wetland, and within the
Pleasant Bay ACEC. David Lyttle, from Ryder &Wilcox, Inc., and Betsy Furtney, from
Land Line Design, were present. David Lyttle passed out photographs to the
Commission and said he has been working with the applicants for 2 years. The
proposed construction work includes replacing the existing timber stairway to Crystal
Lake, and the installation of stepping stones for a pervious stone patio to be used for
sitting. David Lyttle said the applicants also want to install a kayak rack. Regarding the
unlicensed 8'x8' dock in Crystal Lake, David Lyttle said this would remain as it is. He
said there is no license for this dock. David Lyttle said the Site Plan shows the patio
within an already altered area, and he said he wanted to discuss the issue with the
dock. Betsy Furtney said the applicant fishes in Crystal Lake and needs room to move.
John Jannell said there is no license for the dock, and the Commissioners need to make
a Site Visit that could not be held previously due to the weather. Judith Bruce said
docks need a license on Crystal Lake because there is an ACEC. John Jannell said he
agreed a Chapter 91 License is required, as Crystal Lake is a Great pond. Charles
Ketchuck asked how long the dock has been there and he asked for the size. David
Lyttle said it is not the only small unlicensed dock in Crystal Lake. Betsy Furtney said
the applicants are committed to removing invasives off of the property and she asked if
this could be part of the mitigation for allowing the dock to remain. She said with the
removal of the invasives, the amount of light underneath the dock could change.
Charles Ketchuck asked about the condition of the dock. David Lyttle said the dock is in
good condition on concrete blocks, but he told the Commission the filing for the dock
would be separate. Steve Phillips asked if the view corridor was new. David Lyttle said
no, it is existing. Betsy Furtney said the applicants want to keep the trees, while
installing several native species within the view corridor. She said the vegetation will be
kept to 3 to 4' in height. Judith Bruce said the Commission needs to see the site. Judy
Brainerd asked if they were proposing to remove tupelos. Betsy Furtney said the
tupelos are proposed to be removed to the top of the bank. She said on her plan,
Tbt=to be transplanted. Judith Bruce said there is a public viewshed of this site.
MOTION: A motion to continue this hearing to the meeting on February 23, 2016 was
made by Kevin Galligan and seconded by Judith Bruce.
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VOTE: 7-0-0 Unanimous.
David Driscoll, 26 Horseshoe Lane, by Ryder & Wilcox, Inc. Assessor's Map 89,
Parcel 9. The proposed installation of new fencing and landscaping around the existing
swimming pool. Work will occur within the 50' and 100' buffer zones to the Top of a
Coastal Bank and within the Pleasant Bay ACEC. David Lytt le, from Ryder & Wilcox,
Inc., was present and said this proposal is tied in with 2 Plan Revision requests that will
be heard at the meeting on February 23rd. David Lytt le said they are proposing to
expand the fencing around the pool so it is closer to the common property line (Ayer). At
next week's meeting, they are going to present the common access to provide sand
nourishment after storms. David Lyttle said they will begin the project on the Ayer's
property and cross the Driscoll's property to open up the area. A stockade fence will be
installed along the property line and they will adjust the existing chain link fence for
privacy reasons. David Lyttle said there is a Planting Plan prepared by Ponderosa
Landscaping; showing the area where native species will be planted. Steve Phillips
asked if the cedars had been staked. David Lytt le said yes and told the Commission
Jay Putnam, from Wilkinson Ecological Design, will be at the on-site visit scheduled for
Friday to discuss the sand access and the native plantings. Judith Bruce asked if there
were 2 chain link fences. David Lytt le said they are proposing to eliminate 1 chain link
fence. There will be 1 left with the addition of a stockade fence. John Jannell said both
of the neighbors have open Orders. The proposals for the 2 revised plans will be heard
next week.
MOTION: A motion to continue this hearing to the meeting on February 23, 2016 was
made by Kevin Galligan and seconded by Judith Bruce.
VOTE: 7-0-0 Unanimous.
Daniel and Andrea Schmieq, 13 Kingsbury Lane, by Ryder &Wilcox, Inc.
Assessor's Map 71, Parcel 1. The proposed shorefront stabilization with the installation
of coir envelopes with soil lifts. Work will occur on a Coastal Bank, a Coastal Beach, on
Land Subject to Coastal Storm Flowage and within the Pleasant Bay ACEC. David
Lytt le, from Ryder &Wilcox, Caitrin Higgins, and Jay Putnam, from Wilkinson Ecological
Design (WED), were present. David Lyttle said this is the oldest fiber roll array worked
on by WED. Jay Putnam said this is a new concept that has been successful in other
towns. They are sand-filled coir rolls. Jay Putnam said they are proposing to encase
sand nourishment in a layer of coir biodegradable fabric to slow down the loss of sand.
He said this will prevent water from hitting the rolls directly. Jay Putnam said there is
one section of previous installation where the beach is holding, and they will add sand
to keep the rolls covered by encapsulating it with biodegradable fabric. Sediment can be
released naturally, and this should last 3 to 5 years. Some sand will leave but not be
directly washed away. Judith Bruce asked if they were adding more sand, and then the
coir will be laid over the sand. Jay Putnam said it would resemble a sealed envelope on
top, and there is no structure to it. There will be 2 layers of coir fabric that is coarse and
heavy, then jute fabric will be added plus a layer of sand over the entire fiber roll array.
Jay Putnam said this method would allow the sand on top to revegetate. He said now
the top 2 layers are vegetating well, but they want to get down to the 3rd and 4th layers.
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Steve Phillips asked if the project was moving seaward. Jay Putnam said they are
going 3-4' in front of the bottom fiber roll, above mean high water. He said the rolls are
TA by 4'/2. David Lyttle said the fiber roll array will be extended 3 to 4' seaward. Jay
Putnam said there has been no significant scouring. Judith Bruce asked if the rolls will
be secured. Jay Putnam said gravity is holding the pile of sand in place. Wooden
stakes hold the fabric if they break open. Kevin Galligan said the Commission needs to
take a look. He said if the project is moving closer to the water, more scouring will
occur. Judith Bruce asked if photographs from other towns where this has been
successful could be submitted. Judy Brainerd asked if the rolls would be lifted up. Jay
Putnam said it is unconsolidated sand, with no structural strength, and will settle by
gravity. Rich Nadler said this project looks like a visual 4' wall on the site plan. John
Jannell said there is an open Order of Conditions for the original project that has
expired. Any future work requires a new filing, and this is it. Judith Bruce said this is a
small marsh area, and nourishment should be provided slowly. Rich Nadler said this is a
lobster hatchery area. John Jannell said he would hold his design questions until the
site visit is held. He said there is $20,000 being held for this site in escrow for the
original project. To release this money, the Commission needs to determine if the
project has succeeded or failed for the original filing. David Lyttle asked if he should
request a Certificate of Compliance for the open Order. John Jannell said the
Commission should look at what is open and should decide how to close out the original
paperwork. Jay Putnam said this proposal extends 15' to the newer section and has a
different exposure. Kevin Galligan said the write-up on the performance standards with
this application and the work protocol needs more details and description. He said
more clarity would be helpful.
MOTION: A motion to continue this hearing to the meeting on February 23, 2016 was
made by Judith Bruce and seconded by Kevin Galligan.
VOTE: 7-0-0 Unanimous.
Adele Bloomfield, 86 Gibson Road, by Ryder &Wilcox, Inc. Assessor's Map 11,
Parcel 14. The proposed removal of invasive plants, revegetation with native species,
and tree management. Work will occur on Land Subject to Coastal Storm Flowage, on a
Coastal Bank, and in the 50' and 100' buffer zones. David Lyttle, from Ryder &Wilcox,
Inc., and Caitrin Higgins, from Wilkinson Ecological Design, were present. David Lyttle
said there is an error on the site plan that shows an additional layer. He said the area
within the trees shows saplings marked as trees. This is incorrect. Caitrin Higgins said
they are proposing removal of these saplings that are in in poor condition. David Lyttle
said this part of the proposal is covered in the land management plan. Steve Phillips
asked if the saplings were staked. Caitrin Higgins said the trees are flagged for
removal. David Lyttle said the buffers are staked, with the mown paths visible. Steve
Phillips asked if the path was on the abutting property. David Lyttle said the path is
existing, and the property line crosses the path. Kevin Galligan said the Commission will
go to the site and he had one comment on Note 4 about the existing filtered view. Rich
Nadler asked if the trees will be removed in one area. Caitrin Higgins said yes. Charles
Ketchuck asked if they are proposing to prune within the view window. Caitrin Higgins
said the tree is not symmetrical in the window, and they want to prune approximately 3'
for the health of tree. Rich Nadler said this does affect the view corridor, as it is a
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' substantial cedar. Steve Phillips asked if there were photographs taken from the water.
David Lytt le said no. John Jannell asked if the limit of work was flagged. Caitrin
Higgins said yes, that could be done. Rich Nadler asked about the wall. David Lyttle
said it is concrete and may have provided access, but he said he doesn't know why it
was built. Kevin Galligan said this was a previous agricultural area. Caitrin Higgins said
there is no work proposed on the abutter's property, except a small amount of invasive
species removal. Judith Bruce asked about the tree removal. Caitrin Higgins said the
trees to be removed are flagged within the view corridor. They have been compromised
by bittersweet, and provide sparse canopies.
MOTION: A motion to continue this hearing to the meeting on February 23, 2016 was
made by Kevin Galligan and seconded by Mike Brink.
VOTE: 7-0-0 Unanimous.
Amended Order of Conditions
Cape Cod Village, Inc., 19 Childs Homestead Road, by Coastal Engineering Co., Inc.
Assessor's Map 33, Parcel 18-1. The request to Amend Order SE 54-2295 to include
the proposed residence locations, removal of additional existing pavement, landscaping
and grading work, and installation of a gravel footpath. Work will occur within the 50'
and 100' buffer zones to a wetland. Brad Malo, from Coastal Engineering Co., Inc., was
present and gave a brief overview of this project. He said the project came before the
Commission last fall, and the driveway was approved. Initially, the driveway crossed
the culvert stream, and the proposed project involves 3 buildings, with 16 bedrooms and
a common building. Brad Malo said the structures are outside the 100' buffer, except for
the small gazebo between 75' and 100'. He said there will be a gravel walking trail to
envelope all the buildings within 75-100'. Brad Malo said there will be no work within
50. He said there will be removal of 13,000 square feet of pavement from the buffer.
The overall site will have 60,000 square feet of pavement from the buffer and outside
removed. Brad Malo said the drainage system is shown on the site plan. Brad Malo said
there will be installation of native plant species at the perimeter of the swale. Judith
Bruce suggested red cedars. Brad Malo said yes, modifications to the native plant
species can occur. He said the rain garden will have a good choice of plants for in and
around the drainage systems. John Jannell said at the Site Plan Review, most of the
proposal is outside of the buffer zone, and he said he requested the 3 Leyland
cypresses in the 50' buffer should be replaced with natives. This can be a special
condition on this Amended Order. Steve Phillips said there is a need for native species.
Brad Malo said both inside and outside the buffers to the wetland will have pavement
removed and replanted with native species. Kevin Galligan asked about the bog. Brad
Malo said there has been no change in runoff and the culvert is in good condition. John
Jannell said stormwater calculations were received at Site Plan Review. Brad Malo
agreed the calculations were comprehensive. Judith Bruce asked if the landscaper
could replace the 2 varieties of euonymus with natives, such as tupelos or Red cedars.
Brad Malo said the project would be compliant within the Commission's jurisdiction, and
a revised landscaping plan will probably be submitted.
MOTION: A motion to close the hearing was made by Kevin Galligan and seconded by
Judith Bruce.
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VOTE: 7-0-0 Unanimous.
MOTION: A motion to approve this project with the Site Plan dated August 3, 2015,
including the Landscape Plan dated 1/15/16, with a special condition for the 3 Leyland
cypresses in the 50' buffer to be replaced with native species, was made by Kevin
Galligan and seconded by Judith Bruce.
VOTE: 7-0-0 Unanimous.
Continuation
Last Heard 11/10/15 (JO3)
Robert E. Marshall, Trustee, 117 & 121 Lake Drive, by Coastal Engineering
Company, Inc. Assessor's Map 93, Parcels 5&6. The proposed installation of a rock
revetment/shorefront protection. Work to occur on a Coastal Bank, Coastal Beach, in
Land Subject to Coastal Storm Flowage, below Mean High Water, & in the Pleasant Bay
A.C.E.C. no one present. John Jannell said there is no representative present for this
hearing. He said he took photographs at this location and has reached out to Catherine
Ricks of Coastal Engineering Co., Inc., but no request was received for a continuance.
He said no revised plans were submitted. There has been no damage to the buildings at
the site. The original hearing opened last September 2015. Brad Malo, who was
present for the previous hearing, call Catherine Ricks who said she submitted a written
request to continue the hearing to April 19, 2016. Rich Nadler asked for an updated
wildlife habitat at this site. Brad Malo said he would pass on that request. John Jannell
said an alternative analysis had been requested previously. Steve Phillips asked that
the winter's damage be addressed, and he said this is the 6`h continuance. New
information is needed and this will be the last continuance for this proposal.
MOTION: A motion to continue this hearing to the meeting on April 19, 2016 was made
by Kevin Galligan and seconded by Judith Bruce.
VOTE: 7-0-0 Unanimous.
Administrative Reviews
Tom Hague, III, 37 River Road. The proposed replacement of existing pressure-
treated decking and railing on a sundeck and stairs with composite Trex decking and
railing; the footprint will remain the same.
(Jim O'Brien left the meeting at this time, 10:00 a.m. Charles Ketchuck is now a voting
member.)
MOTION: A motion to approve this administrative review was made by Kevin Galligan
and seconded by Judy Brainerd.
VOTE: 7-0-0 Unanimous.
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Bob Stein, 51 Woodsneck Road. The proposed cutting and removal of large sections
of Green Briar, vine and bush Honeysuckle, and Poison Ivy located along the north and
northwest of this location. Work to be done by Bartlett Tree Experts.
MOTION: A motion to approve this administrative review was made by Judith Bruce
and seconded by Mike Brink.
VOTE: 7-0-0 Unanimous.
Michael Brink, 17 Pilgrim Lake Terrace, East. The proposed removal of 3 leaning
pines and 1 dead pine, selective pruning and lowering of Clethra and Green Briar. Work
to be done by ABC Tree Service. (Mike brink recused himself at 10:03 a.m.) John
Jannell showed the Commission photographs of this location. Judith Bruce asked how
high does the Clethra get. John Jannell said 5-6' and there will be very little removed.
Steve Phillips asked why the Clethra needs pruning. Mike Brink returned to the meeting
as the applicant to answer questions. He said the Clethra will be hand-pruned
selectively from 6 to 8' down to 4 to 6' in one section to maintain the existing view.
Judith Bruce asked about other shrubs proposed for pruning. Mike Brink said
arrowwood, winterberry, but the area is dominated by Clethra. The location is very well
vegetated, and the shrubs will not be topped. Mike Brink recused himself for the vote by
the Commission.
MOTION: A motion to approve this administrative review was made by Judith Bruce
and seconded by Judy Brainerd.
VOTE: 6-0-0 Approved.
Chairman's Business
Approval of the Minutes from the Meetings on May 20, 2014, January 13, 2015,
February 17, 2015, March 17, 2015, March 24, 2015, and February 2, 2016.
MOTION: A motion to approve the Minutes from the Meeting on May 20, 2014 was
made by Judy Brainerd and seconded by Kevin Galligan.
VOTE: 4-0-3 Approved (Rich Nadler, Mike Brink, and Charles Ketchuck abstained.)
MOTION: A motion to approve the Minutes from January 13, 2015, as amended, was
made by Judith Bruce and seconded by Kevin Galligan.
VOTE: 5-0-2 Approved (Mike Brinkand Charles Ketchuck abstained.)
MOTION: A motion to approve the Minutes from the Meeting on February 17, 2015 was
made by Kevin Galligan and seconded by Mike Brink.
VOTE: 6-0-1 Approved (Charles Ketchuck abstained.)
MOTION: A motion to approve the Minutes from the Meeting on March 17, 2015 was
made by Mike Brink and seconded by Kevin Galligan.
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VOTE: 6-0-1 Approved (Charles Ketchuck abstained.)
MOTION: A motion to approve the Minutes from the March 24, 2015 Meeting was
made by Mike Brink and seconded by Judith Bruce.
VOTE: 5-0-2 Approved (Mike Brink and Charles Ketchuck abstained.)
MOTION: A motion to approve the Minutes from the Meeting on February 2, 2016 was
made by Mike Brink and seconded by Judy Brainerd.
VOTE: 7-0-0 Unanimous.
Other Business
Request to Use Conservation Property
Monday, July 4, 2016, Wedding, 20 People, Windmill Park
MOTION: A motion to approve this activity at the Windmill Park Conservation Area was
made by Kevin Galligan and seconded by Judy Brainerd.
VOTE: 7-0-0 Unanimous.
Request to spend up to $4,600 from the Conservation Fund for the installation of 128' of
stockade fence along the Kent's Point Conservation Area property line.
MOTION: A motion to approve the expenditure of up to $4,600 from the Conservation
Fund for the installation of 128' of stockade fence along the Kent's Point Conservation
Area property line was made by Judith Bruce and seconded by Kevin Galligan.
VOTE: 7-0-0 Unanimous.
MOTION: A motion to close the meeting was made by Judith Bruce and seconded by
Judy Brainerd.
VOTE: 7-0-0 Unanimous.
The meeting was adjourned at 10:15 a.m.
Re pectf submitted,
Ily
eslie Derri , onservation o mission Secretary
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