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HomeMy Public PortalAboutConscom 2016-02-16 ORLEANS TOWN CLERK / ,' ' 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. 1 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. 2 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 3 ' 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. 4 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. 5 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. 6 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 7