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HomeMy Public PortalAboutConscom 2015-02-03 CJRLEftii CLERK Orleans Conservation Commission Hearing Meeting 2-3-15 Orleans Conservation Commission �� (BAR 9 54 Town Hall, Nauset Room Hearing Meeting, Tuesday. February 3, 2015 PRESENT: Steve Phillips, Vice-Chair; Jim O'Brien, Judy Brainerd, Kevin Galligan, Rich Nadler, (Members); Mike Brink, Pam Herrick, (Associates); and John Jannell, Conservation Administrator. ABSENT: Judith Bruce, Chair; Bob Royce, (Members); and Jane Hussey, (Associate). For the purpose of today's hearing, Mike Brink and Pam Herrick will be voting members. 8:30 a.m. Call to Order Steve Phillips asked for a moment of silence for the passing of Bob Royce, a Conservation Commission member since 2004. He will be missed. Continuations Last Heard 1/13/15 (RN1, JO1, JH2) Thomas & Suzanne Lowensohn, 189 Skaket Beach Road, by Safe Harbor Environmental. Assessor's Map 23, Parcel 17. The proposed removal of part of an existing dwelling, remodeling a portion of the existing dwelling, construction of additions, & mitigation plantings. Work will occur within 100' of the Edge of a Dune & Edge of Wetland. Gordon Peabody and Joy Cummings, from Safe Harbor Environmental, and Ben Zehnder, Attorney for the applicants, were present. At the end of the last meeting, the Commission was polled and asked what was wanted. Gordon Peabody said all of the invasives will be removed, the shed has been moved outside of the 75' buffer, and they have found a way to reduce volume by lowering the ceilings. Detailed mitigation has been provided. MOTION: A motion to close the hearing was made by Jim O'Brien and seconded by Judy Brainerd. VOTE: 7-0-0 Unanimous. MOTION: A motion to approve the plan dated 1/22/2015, including the plot plan dated 9/22/2014, and the mitigation plan dated 1/22/2015, with NHESP conditions of no expansion to the lawn and no summer construction, was made by Kevin Galligan and seconded by Judy Brainerd. VOTE: 7-0-0 Unanimous. Last Heard 9/2/14 (BR1 RN1) Gerald T. & Caroline C. Mulligan, 16 Ewing Drive, by Coastal Engineering Company, Inc. Assessor's Map 93, Parcel 17. The proposed construction of a steel sheetpile wall & replacement of an existing clay pipe with a high density polypropylene pipe. Work to occur on and within 100' of a Coastal Beach & Salt Marsh, on a Coastal Bank, within Land Subject to Coastal Storm Flowage, & in the Pleasant Bay A.C.E.C. 1 Orleans Conservation Commission Hearing Meeting 2-3-15 Don Monroe, from Coastal Engineering Company, Inc., Seth Wilkinson, from Wilkinson Ecological Design, Jim O'Connell, and Sarah Turano Flores, Attorney for the applicants, were present. Don Munroe said a lot of work has gone into the re-design since the Notice of Intent filing in August 2014. At the time they were proposing a 2 phase project, with phase 1 being installation of sheet piling. The house is serviced by a long driveway, that carries all utilities, including the septic system. Don Munroe said despite the best efforts of the property owner and Wilkinson Ecological Design to protect this section of the bank, some scarping has occurred along the bank. The top of the bank is within 5' of the road in one section. Phase 2 would have been triggered if 50' or more of the sheet piling were exposed. Greg Berman reviewed the project and prepared a report stating that the biggest concern is where the bank is severely scarped. Installation of the sheet pile could further exacerbate the erosion. An extensive analysis of why a bridge would not work was done. The critical nature of the project is the sole access driveway to the dwelling and the number of scarps along the bank. An explanation of how the sheet pile would be installed was given. Don Munroe said no resource areas will be affected by the installation. A history of the vegetation issues was given. Seth Wilkinson said the proposal is to fill in the scams to the western end. Steve Phillips asked if reducing the amount of re-nourishment would be beneficial. Nourishment at the west end is no longer proposed with the exception of filling the existing scarps that do not impact the sheet pile. A discussion of the potential vibration caused by the sheet piles took place. The coastal bank has had armoring, and data points on the sand show it is not working and needs to be dealt with. Don Munroe said it will take 3-4 weeks to install the entire 260' sheet pile. Steve Phillips said there is a need for more clarification of the excavation in order to install the toe stones. He also said there needs to be more review of the re-nourishment numbers. MOTION: A motion to continue the hearing to the meeting on March 10, 2015 was made by Jim O'Brien and seconded by Pam Herrick. VOTE: 7-0-0 Unanimous. Last Heard 1/6/15 (JH2) (121:00) Patricia Kenneth, 40 Tom's Hollow Lane, by Ryder & Wilcox, Inc. Assessor's Map 82, Parcel 13. The proposed elevation of an existing boathouse, construction of steps, & expansion of deck. Work will occur within 100' of a Salt Marsh, Coastal Beach, & on Land Subject to Coastal Storm Flowage & in the Pleasant Bay A.C.E.C. David Lyttle, from Ryder & Wilcox, Inc., was present and said the deck is in the marsh and the applicant intends to clean up the property. Photographs of the property were given to the Commission. David Lyttle said the sliders were blown out of the boathouse. A stainless steel piano hinge will be used for the ramp, that will act as a storm door. All interior and outdoor plumbing, and lighting, has been removed. David Lyttle said they have maintained an electrical outlet inside the boathouse. Greg Delory, from 40 Toms Hollow Lane, was present and said he does not have a problem with raising the boathouse. He said his main concern is items being added to the structure that may intensify the use. The abutters are concerned the boathouse will be more attractive as a raised structure. Greg Delory said he also does not want any vegetation to be removed from the property. The Commission was urged to condition their decision to reflect his concerns. 2 Orleans Conservation Commission Hearing Meeting 2-3-15 MOTION: A motion to close the hearing was made by Jim O'Brien and seconded by Judy Brainerd. VOTE: 7-0-0 Unanimous MOTION: A motion to approve the plan dated 10/29/2014 and the additional plan dated 1/23/2015, with the conditions that no additional removal of vegetation is to occur, and no increase of intensity of use beyond the boathouse, or in the water, with no utilities added, was made by Kevin Galligan and seconded by Jim O'Brien. VOTE: 7-0-0 Unanimous. Jim O'Brien left the meeting at 10:50 a.m. Notice of Intent Henry Brehm, 34 One Lane, by Ryder & Wilcox, Inc. Assessor's Map 50, Parcel 85. The proposed demolition of an existing dwelling & shed & construction of a new dwelling, septic system, driveway, & grading. Work will occur within 100' of the Edge of Wetland, a Coastal Bank, Ditch, & within the Pleasant Bay A.C.E.C. David Lyttle, from Ryder & Wilcox, Inc., was present and said this is a developed property located in the buffer zone to the wetland and ditch. The applicant is proposing to demolish the existing 6-bedroom dwelling and to construct a new house and septic system. The septic system will be installed in the northeast corner off the edge of the garage. A sheet of coverage calculations was provided showing a net decrease of 227 sq. ft. within the 50' buffer. David Lyttle said the new dwelling has been completely removed from the 50' buffer. David Lyttle said this is a difficult site and he has proposed a Cape Cod lawn. He said he does not anticipate any stormwater runoff issues. A new plan showing the septic system will be submitted. MOTION: A motion to continue the hearing to the meeting on February 10, 2015 was made by Kevin Galligan and seconded by Judy Brainerd. VOTE: 7-0-0 Unanimous. Notice of Intent William Wibel & Myka Sokoloff, 61 Keziah's Lane, by Ryder & Wilcox, Inc. Assessor's Map 49, Parcel 58. The proposed construction of an addition, deck expansion, & restoration of a Coastal Bank. Work will occur within 100' of the Top of a Coastal Bank, on a Coastal Bank, in Land Subject to Coastal Storm Flowage, & in the Pleasant Bay A.C.E.C. David Lyttle, from Ryder & Wilcox, Inc., Caitrin Higgins from Wilkinson Ecological Design, Peter Coneen, the builder, and Myka Sokoloff, the applicant, were present. Caitrin Higgins said mitigation is 2 to 1 and focuses on 2 distinct areas. They are proposing 300' of an area along the top of the coastal bank and 300' east of the delineation. In addition to mitigation, they are proposing to remove the impervious surface. A 185' rain garden is part of the proposal. A discussion of obtaining signatures from the adjacent condo owners took place. Peter Kennedy, owner of unit 2, was present. Unit 2 is a one-bedroom cottage that is currently for sale. Peter Kennedy said Ryder & Wilcox did work on the septic system that was done closer to Keziah's 3 Orleans Conservation Commission Hearing Meeting 2-3-15 Lane. He asked if a decision regarding this property would affect a decision for his unit. Peter Kennedy also asked about the common area, and if any gardening is proposed for the space. John Jannell said the Commission does not address bedrooms; they address the construction within the buffer. MOTION: A motion to continue the hearing to the meeting on February 10, 2015 was made by Kevin Galligan and seconded by Judy Brainerd. VOTE: 7-0-0 Unanimous. Extension Request Town of Orleans, Skaket Beach. The request is to extend DEP# SE 54-1947 for nourishment of Skaket Beach. Work will occur on Land Under the Ocean, on a Coastal Beach, within Land Subject to Coastal Storm Flowage, & within the Cape Cod Bay ACEC. Nathan Sears, Natural Resources Manager, was present. They no longer have the donor site offshore and they are looking for upland source material. Nathan Sears said they are not looking to renew their offshore permit. John Jannell went over the specifics of the existing Order and said extensions are allowable; up to 2 extensions for up to 3 years. The existing Order was originally issued in 2008 and was extended twice through the permit extension act. If the extension is granted, it would be active for 3 more years and then the applicant would have to re-file a new NOI. MOTION: A motion to approve the extension request for DEP# SE 54-1947 was made by Judy Brainerd and seconded by Pam Herrick. VOTE: 7-0-0 Unanimous. Nathan Sears discussed exposed septic systems Nauset Beach and that should be addressed in the immediate future. The longer they sit exposed, the increase of safety issues would occur. John Jannell asked Nathan Sears if he could accomplish the removal with a rubber tired machine and asked if the Commission would be comfortable with accepting an after-the-fact administrative review for this work. The systems are not active, so they would not need to be replaced. The Commission agreed to accept a future filing and supported the immediate removal of the hazard on the beach. Certificate of Compliance Jay Stewart/Peter Worley (2010), 26 Deer Run. The request for a Certificate of Compliance for an Order of Conditions for the construction of a 4-bedroom dwelling and attached garage. MOTION: A motion to release the certificate of compliance was made by Judy Brainerd and seconded by Kevin Galligan. VOTE: 7-0-0 Unanimous. 4 Orleans Conservation Commission Hearing Meeting 2-3-15 Administrative Reviews William Risko, 46 Locust Road. The proposed removal of 5 dead trees and limbs. Work to be done by S&L Tree Service. John Jannell said this removal is straight forward, with one standing dead black oak. Rich Nadler left the room at 11:40 a.m. MOTION: A motion to approve this administrative review was made by Judy Brainerd and seconded by Kevin Galligan. VOTE: 6-0-1 Approved (Rich Nadler abstained.) Dr. Charles Calkins, 25 High Tide Lane. The proposed replacement of an existing d- box in the same location. MOTION: A motion to approve this administrative review was made by Judy Brainerd and seconded by Mike Brink. VOTE: 7-0-0 Unanimous. Basil Bourque, 7 Blossom Lane. The proposed reduction of maples within 2 defined view corridors. Work to be done by Bartlett Tree Experts. MOTION: A motion to approve this administrative review was made by Judy Brainerd O and seconded by Pam Herrick. VOTE: 7-0-0 Unanimous. Gary Webster, 28 Twininqs Lane. The proposed removal of 3 pitch pines and replacement with three 4-5' cedar trees. Work to be done by Bartlett Tree Experts. John Jannell said this dwelling has an established view corridor, with these three trees located between the 95-100' line. Two trees are standing dead, and one is almost dead. MOTION: A motion to approve this administrative review was made by Judy Brainerd and seconded by Pam Herrick. VOTE: 7-0-0 Unanimous. Chairman's Business Approval of the Minutes from the Meeting on May 20, 2014. MOTION: A motion to approve the minutes of the May 20, 2014 meeting was made by Judy Brainerd and seconded by Kevin Galligan. VOTE: 7-0-0 Unanimous. Judy Brainerd left the meeting at 11:44 a.m. 5 Orleans Conservation Commission Hearing Meeting 2-3-15 Other Member's Business Kent's Point Conservation Area: Review any follow-up or new information from Public Hearing. John Jannell said 19 pieces of correspondence have been received. The public comment time frame is open until tomorrow morning. A list and file of the received letters is being kept. A report is being prepared for the Board of Selectmen for their February 18, 2015 meeting. Steve Phillips said a management plan should be presented, focusing on what exists and start from there. Request to expend up to $400.00 from the Conservation Fund for repairs at Kent's Point. MOTION: A motion to approve the expenditure of up to $400.00 from the Conservation Fund for repairs at Kent's Point was made by Mike Brink and seconded by Kevin Galligan. VOTE: 7-0-0 Unanimous. Administrator's Business John Jannell circulated the DEP's severe weather regulations and said certain efforts are exempt from filing. He said he has met with a few individuals who recently built coastal bank staircases that with the Commission's approval would be repaired. The meeting adjourned at 11:54 a.m. Respectfully submitted, Jennifer Clarke, Recording Secretary, Orleans Conservation Department 6 •