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HomeMy Public PortalAboutConscom 2016-03-08 Orleans Conservation Commission Work Meeting 3-8-16 i6 MAR iF 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 1 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. 2 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.) 3 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 4 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. 5