HomeMy Public PortalAboutConscom 2016-03-08 Orleans Conservation Commission Work Meeting 3-8-16
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Orleans Conservation Commission Clikaeci
Town Hall, Nauset Room
Work Meeting, Tuesday, March 8, 2016 ORLEANS TOI4N CLERK
PRESENT: Steve Phillips, Chair; Kevin Galligan, Vice-Chair; Judith Bruce, Judy
Brainerd; Rich Nadler; Charles Ketchuck, (Associate); and John Jannell, Conservation
Administrator.
ABSENT: Jim O'Brien; Mike Brink; Jane Hussey-Associate, and Pam Herrick-
Associate.
8:30 a.m. Call to Order
For purposes of today's meeting, Charles Ketchuck is a voting member.
Continuations
Daniel and Andrea Schmieg, 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
Lyttle of Ryder& Wilcox, Inc, was present. David Lyttle presented the revised materials
to the Commission, noting that the most significant changes were to pull the soil lifts
back so that they only extended 1' onto the beach. Monitoring protocols on a bi-annual
basis would be submitted to the Conservation Department in the Spring and Fall, and
refilling of the lifts would only occur when deflation was 50% or greater. David Lyttle
stated that two Certificate of Compliance requests for the older and expired Order of
Conditions had been submitted for the Commission's review for a later date per the
Commission's recommendation. Judith Bruce and Charles Ketchuck were pleased with
the changes to the proposed work. Rich Nadler voiced his opposition to the project,
asking whether or not it was providing additional sediment that could be detrimental to
shell and fin fish. Rich Nadler questioned the interruption of natural processes to allow
sediment to transfer into the water and back onto the bank seasonally. When the sand
leaves and is replaced, there is no vacant area for the sand to return and replenish, and
Rich Nadler inquired if this was having a negative impact to the resource area. David
Lyttle agreed with Rich Nadler's concerns, but did not feel that the scarps throughout
Pleasant Bay that were healing by said naturally processes was seasonal. David Lyttle
explained that the applicants were attempting to extend 1' for a 3 year period, and
reiterated that this would include monitoring. Rich Nadler suggested consulting Greg
Berman, Coastal Processes Specialist for Woods Hole Sea grant and the Cape Cod
Cooperative Extension. Rich Nadler pointed out that the bank had been replanted
successfully, and the site was a success. David Lyttle noted that due to the expiration
of the current Orders for the site, there was no monitoring mechanism in place. David
Lyttle presented the history of the initiative of the first filing, and Judith Bruce felt that the
original work was close to mimicking the natural processes. Kevin Galligan explained
that his apprehensions from the previous week continued into this meeting, and
concurred with Rich Nadler's concerns. Kevin Galligan questioned the need for a 260'
run of lifts, understanding that the applicant was trying to be proactive. Caitrin Higgins
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Orleans Conservation Commission Work Meeting 3-8-16
from Wilkinson Ecological Design joined the table with David Lyttle. Kevin Galligan
presented several editorial concerns in the Wilkinson Ecological Design paperwork
submitted, noting the use of phrases such as long term and all, both of which were
ambiguous and open ended, and could cause problems when reviewing the file in later
years. Steve Phillips agreed that sand filled soil lifts needed to be limited to a 3 year
term as opposed to long term. Judith Bruce recalled a discussion asking the applicants
to use this Order to tie up loose ends and any additional work being conducted under
older and expired Orders. Steve Phillips voiced concern over the amount of material
trying to be absorbed under this filing, and David Lyttle agreed that edits needed to be
made to the report in an attempt to bring everything into one document. David Lyttle
recalled the previous week's discussion ending that the Commission did not want to
contact Greg Berman. Steve Phillips felt that Greg Berman was well versed in this
bank, and asked the Commission for specific questions to ask him. Rich Nadler's
biggest concern was the nourishment fed into the area had no place to return, thus the
beach itself over time may not be able to be repaired, the beach would be lost, and the
nourishment not washing up on shore would stay on the bottom potentially causing
problems for shell and fin fish. David Lyttle inquired if the sand lifts were not extended
onto the beach whether or not it would still be a problem, and Rich Nadler reiterated his
concerns over the nourishment going out to sea and not having a place to return. Rich
Nadler paraphrased that he would like to know the cumulative impacts of the envelopes,
and whether or not they would negatively impact the size or shape of the shoreline, as
well as the flora or fauna in the area. David Lyttle reminded the Commission that there
was a healthy fronting marsh at this site, and Judith Bruce agreed with Kevin Galligan
and Rich Nadler that it would be good to hear Greg Berman's opinion. David Lyttle
requested that the hearing be continued for one week, and would request a continuance
again if Greg Berman was unable to render an opinion in writing in time for the
Commission. Caitrin Higgins inquired about any additional changes needed, and John
Jannell asked the representatives to detail work within the 3 year life of the Order,
cleaning up any language that would suggest otherwise, and noting that additional
requirements could be addressed in on-going conditions under a future Certificate of
Compliance request. Judith Bruce reiterated that the Commission wanted additional
screening of the house from the resource area at the site, and Kevin Galligan asked that
the applicant define what exactly the south facing shore encompassed in terms of its
exact location, and an estimate of the quantity of sediment needed for the soil lifts.
MOTION: A motion to continue to March 15th was made by Kevin Galligan and
seconded by Judith Bruce.
VOTE: 6-0-0 Unanimous.
Administrative Reviews
Donald & Karen Jenen, 10 Viking Road. Proposed removal of a large dead pine tree
within 100' of the bank that is threatening the dwelling and other trees. Work to be done
by Bartlett Tree Experts.
MOTION: A motion to approve this application was made by Kevin Galligan and
seconded by Judy Brainerd.
VOTE: 6-0-0 Unanimous.
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Orleans Conservation Commission Work Meeting 3-8-16
John Coughlan, 15 Blue Heron Way. Proposed removal of a dead oak (gall wasp)
and leaning pitch pine located at the rear of the boat house. Work to be done by Bartlett
Tree Experts. John: passed around photos of the site, and Judy Brainerd inquired about
replanting. John Jannell mentioned that he had spoken with the applicant about this
possibility, and would return with this application once he determined if replanting would
occur. No action was taken on this application.
Frank NicholsITown of Orleans, 75 Pochet Road. Proposed removal of Phragmites
from 75 Pochet Road in Uncle Harvey's Pond and along the shoreline. Work to be done
by Billingsgate Land Management. Betsy Furtney, abutter, was present. John Jannell
noted that the property was not Conservation Property but Town of Orleans property,
and that the Town would have to file for this work each year it was conducted
MOTION: A motion to approve this work was made by Judith Bruce and seconded by
Judy Brainerd.
VOTE: 6-0-0 Unanimous.
Ray Dobson, 49 S. Orleans Road. Proposed installation of a new skylight and a new
window.
MOTION: A motion to approve this Administrative Review was made by Judith Bruce
and seconded by Judy Brainerd.
VOTE: 6-0-0 Unanimous.
Ray Dobson, 49 South Orleans Road Unit E. The proposed cutting of selected limbs
for view. Work to be done by John Tamsey.
MOTION: A motion to approve this application was made by Kevin Galligan and
seconded by Judy Brainerd.
VOTE: 6-0-0 Unanimous.
Ed & Merilyn Hafner, 73 Uncle Israel's Road. The proposed pruning of 2 trees with
branches overhanging the driveway. Work to be done by A-Z Tree Removal.
MOTION: A motion to approve this work was made by Judy Brainerd and seconded by
Charles Ketchuck.
VOTE: 6-0-0 Unanimous.
Use of Conservation Property
Windmill Wedding August 6, 2016 1:00 p.m. 35 People
MOTION: A motion to approve this event was made by Charles Ketchuck and seconded
by Judy Brainerd.
VOTE: 6-0-0 Unanimous.
Chairman's Business
Approval of the Minutes from the Meeting on July 8, 2014,
MOTION: A motion to approve this set of minutes was made by Judith Bruce and
seconded by Kevin Galligan.
VOTE: 5-0-1 Approved (Charles Ketchuck abstained.)
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Orleans Conservation Commission Work Meeting 3-8-16
Approval of the Minutes from the Meeting on November 25, 2014,
MOTION: A motion to approve this set of minutes was made by Judith Bruce and
seconded by Kevin Galligan.
VOTE: 4-0-2 Approved (Charles Ketchuck and Steve Phillips abstained.)
Approval of the Minutes from the Meeting on December 9, 2014,
MOTION: A motion to approve this set of minutes was made by Judith Bruce and
seconded by Judy Brainerd.
VOTE: 5-0-1 Approved (Charles Ketchuck abstained.)
Approval of the Minutes from the Meeting on February 10, 2015,
MOTION: A motion to approve the minutes as amended was made by Judith Bruce and
seconded by Judy Brainerd.
VOTE: 5-0-1 Approved (Charles Ketchuck abstained.)
Approval of the Minutes from the Meeting on August 4, 2015,
MOTION: A motion to approve this set of minutes was made by Judith Bruce and
seconded by Judy Brainerd.
VOTE: 6-0-0 Unanimous.
Approval of the Minutes from the Meeting on August 25, 2015,
MOTION: A motion to approve this set of minutes was made by Judith Bruce and
seconded by Judy Brainerd.
VOTE: 6-0-0 Unanimous.
Approval of the Minutes from the Meeting on September 1, 2015, and
MOTION: A motion to approve this set of minutes was made by Judith Bruce and
seconded by Charles Ketchuck.
VOTE: 6-0-0 Unanimous.
Approval of the Minutes from the Meeting on March 1, 2016.
Had the editorial corrections,
MOTION: A motion to approve the minutes as amended was made by Rich Nadler and
seconded by Judith Bruce.
VOTE: 6-0-0 Unanimous.
Other Business
Sea Call Farm Community Garden
Discuss status of garden and upcoming tilling and soil amendment
Vote to authorize spending from the Conservation Fund for tilling and soil amendment of
the Community Garden.
John Jannell introduced the topic and discussed the potential for the Commission to aid
the self-funded Sea Call Farm with their poor nutrient soils. Rich Nadler suggested a
soil test be conducted both of the existing site and proposed material, Kevin Galligan
recommended that a compost bin at the farm be utilized to supplement the soils, and
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Orleans Conservation Commission Work Meeting 3-8-16
Judith Bruce pointed out the existing sandy soils on Cape Cod needing periodic
supplementing with rough compost. John Jannell estimated the costs to be potentially
$4,000 to be expended from the Conservation Fund, and Judy Brainerd inquired about
the balance of the account. John Jannell estimated it to be around $52,000, noting this
fund would be less $4800 after installing the fence at Kent's Point. The Commission
asked John Jannell to return with a more concrete estimate, and asked that both the
existing soil and soil amendments be tested.
Rich Nadler announced that treatment of the winter moths would begin in the near
future on the Cape.
Steve Phillips inquired whether Eversource had the ability to conduct tree management
without Conservation Commission approval, and John Jannell noted that they were
exempt from filing.
John Jannell and Kevin Galligan thanked the Commission for supporting their
attendance to the annual MACC conference. John Jannell and Kevin Galligan went
over the workshops which they attended, and made recommendations on how to better
streamline the Commission meeting process.
Kevin Galligan recommended that a blank form be presented to any applicant wishing to
continue a hearing during the public meeting process to ensure a written record of all
transactions.
Site Visits
The Commission discussed the site visits.
The meeting was adjourned at 10:04am
Respectfully submitted, Erin C.S. Ellis, Principal Clerk.
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