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.
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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.
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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
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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.
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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.
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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
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