HomeMy Public PortalAboutConscom 2017-03-07 ;.7 A 15 9:55:..
Orleans Conservation Commission a r r�rk. ±7 •_�_,x
Town Hall, Nauset Room
Hearing, Tuesday, March 7, 2017 4ss4-:
ORLEANS TOWN CLERK
Present: Judith Bruce, Member; Judy Brainerd, Member; Charles Ketchuck, Member;
Walter North, Associate Member; Donelle Denery, Associate Member. John Jannell,
Conservation Administrator.
Absent: Rich Nadler, Chair; Kevin Galligan, Vice-Chair; Mike Brink, Clerk;
Ginny Farber, Associate Member; Jim O'Brien, Member.
8:30 a.m. Call to Order
NOTICE OF INTENT
John and Sherri Souza, 16 Jack Knife Point Road by East Cape Engineering, Inc.
Assessor's Map 50, Parcel 100. The proposed construction of a single-family dwelling
with garage, associated site improvements, and mitigation plantings. Work will occur
within 100' of a Coastal Bank. Tim Brady from East Cape Engineering, Inc. and Adrian
Punch from Harrow and Seed Landscaping were present. Tim Brady referred to the
construction of the new house and said some clearing on the lot had previously been
done. He said he had worked on the possible locations of the building multiple times
and come up with a location that is slightly in the buffer zone. Tim Brady said however,
most of the work will take place outside the buffer zone. Adrian Punch proposed a
planting plan for the previously cleared area. Judith Bruce stated that when she visited
the site, the land wasn't staked. Tim Brady said he was unaware that that was a
requirement but would stake the property without issue. Judith Bruce stated there was
cutting in the ACEC. Tim Brady said the cutting was done before any field work or
design plans had been prepared and that the home owner was unaware of where the
ACEC was located. Judith Bruce asked when and by whom the cutting had been done.
The home owner, John Souza, said there was a lot of deadwood already on the
property of which he wanted removed. He said at that time he had no idea he was in a
restricted area so he hired a contractor to remove all dead debris. He stated that two
companies did the cutting; GFM Excavating and Northeast Construction. Judith Bruce
said they look to the contractors to know the restrictions. John Souza said the
contractors were not local and that any violations or fines should be directed to him.
Adrian Punch highlighted his proposed restoration plan including natural looking areas,
along with 11 trees, some deciduous. Judy Brainerd asked if the maple and conifers
were to be removed because they were not native. Adrian said yes. Donelle Denery
asked that the Holly not be removed because it was unnecessary and provides habitat
to wildlife. Adrian Punch said it was not native and that's why they proposed to remove
it, but the plan could be changed so that it stays. Tim Brady asked if the commission
would like to come back to the site after he had staked it. John Jannell said yes. Tim
Brady said he will stake the buffer and ACEC. Walter North asked to consider some
actual tree plantings instead of just shrubs in the cleared area. John Souza mentioned
again that there was a significant amount of dead debris when they got there so as to
prompt the clearing. Judith Bruce suggested some form of demarcation to delineate the
mitigation area; maybe boulders or a split rail fence to deter mowing etc. John Jannell
recommended the line between what is regularly being maintained and what isn't, that's
where the demarcation should be. Donelle Denery asked if there was any thought into
moving the building location back a bit. Tim Brady said they had already moved it
around and tried many different locations. John Souza said the road is a little busy and
they wanted some privacy. Judith Bruce mentioned fines for the people who did the
cuttings and John Jannell said they could notice the individuals if needed, but fines
could be directed to Mr. Souza as part of this hearing. The applicant requested to
continue the Public Hearing to March 28tH
MOTION: A motion was made by Judy Brainerd and seconded Donelle Denery to
continue the Public Hearing on March 28th
VOTE: 5-0-0
REQUESTS FOR DETERMINATION OF APPLICABILITY
Town of Orleans Natural Resources Department, Lonnie's Pond The proposed
work and installation of approximately 2,000 floating mesh bags, containing up to 1,000
oysters per bag, in Lonnie's Pond. Sia Karplus presented the proposed plan with the aid
of the projection screen. She mentioned that funding has not been released for the
project yet but she is proposing early so they will be prepared should the project be
approved. Sia Karplus mentioned the factors they will be focusing on; the growth of
shellfish, costs, and whether or not the oysters can be sold. She is doing four different
demonstrations; Town Cove with quahog population, Kent's Point to evaluate whether
they can create a bottom self-sustaining oyster bed, Pleasant Bay so they can work with
the harvesters that have been there for decades, and Lonnie's Pond to evaluate the
uptake of nitrogen. Sia Karplus presented a plan of Lonnie's Pond showing the
proposed plots to be installed. She mentioned Plot Q is a proposed quahog plot, to
measure growth rate of quahogs in this particular environment. Judith Bruce said she
was concerned about what the project was going to look like. Nate Sears said year two
will leave a substantial footprint on the pond, but will have minimal effect on recreation
and harvesters. He mentioned that navigation might not be easy but the outcome and
results of this project would outweigh any inconveniences. Judith Bruce asked about
aesthetics and would they be able to use submerged bags. Sia Karplus said floating
bags would be necessary because the water is very shallow in that location. Judith
Bruce stated that it's not so much about how appealing it looks, but rather does it blend
with the surrounding natural beauty. Sia Karplus said they would definitely consider
revisiting the placement of the bags in the future after they gain more information.
Walter North asked about a food source for the oysters and whether there would be
risks to other wildlife. Sia Karplus explained that algae are produced by nitrogen and in
this case the levels are significant enough to provide an ample food source. She also
said she did not see any conflict with other species. Walter North asked what would
happen if disease was found amongst the oysters. Sia Karplus said since they will be
monitoring the bags closely, in the event there is disease, they would immediately be
able to remove the effected oysters. Nate Sears mentioned that disease is species
specific and would not impact other wildlife. Sia Karplus said as far as the plastics, the
gear won't start to degrade for 5 years or so. However, that would be something she
could add that to the plan. Walter North said the community may be concerned about
plastic breakdown and in the event of a severe storm, would it be a significant risk to the
Bay. Walter North mentioned the site visit and asked if the work would consist of
constant movement over the marsh area from staff monitoring the gear. Judith Bruce
confirmed there is, and has always been, a path to and from the parking area to the
water. John Jannell asked about overwintering and length of the project. Sia Karplus
said part of planning the second year is determined by what happened the first year.
Nate Sears said they had a successful year one, and it only makes sense for year two.
John Jannell read four abutters letters into the record. Nate Sears said he is hopeful
that native wild sets will work and looks forward to the demonstration to prove that. He
said for future, he would like to see non gear based projects that don't require
husbandry. Sia Karplus said she agrees with Nate Sears that we really need to
understand just how the oysters work into this project. Suzanne Philips approached the
podium and said the Shellfish Waterways Group has started to discuss these projects
and before the town goes further on other projects, they would like to see the results of
Lonnie's Pond. She also mentioned that she is against keeping the quahogs in the plan
as the focus should be on the oysters. Sia Karplus said the question of quahogs has not
been finalized yet. However, they have been included just in case the group thinks to
move ahead with quahogs in the future. Steve Smith approached the podium and stated
that we need to look at the pond as well as The River. He explained there is a predator
living in The River of the sponge family. He passed around shells that are the result of
the sponges predation. He suggested that we proceed with the Lonnie's Pond
experiment but not Kent's Point. Judith and Charles said the purpose of this experiment
is to see these kinds of things. David Lyttle said he is concerned with whether this
should be considered an RDA. Judith Bruce said she is comfortable proposing a
negative determination. John Jannell mentioned they might want to condition the
proposal of ideas for year two going forward since nothing was proposed yet.
MOTION: A motion to close this Hearing was made by Judith Bruce and seconded by
Walter North.
VOTE: 5-0-0
• MOTION: A motion for a Negative Determination was made by Judith Bruce and subject
to the following three conditions:
-Evidence shall be provided to the Conservation Commission that the oysters are
free of disease and invasive species (plant) before entering the Pond.
-Oysters shall be removed, planted, or overwintered on the bottom at the end of
this project.
-A water quality report is required at the end of this project by a date to be
determined by the Board of Selectman.
The motion was seconded by Walter North.
VOTE: 5-0-0
Betsy Furtney, 71 Pochet Road by Outermost Land Survey, Inc. Assessor's Map 43,
Parcel 132. The proposed removal of an existing 14'x10' shed to be replaced with a
24'x24' garage with overhang; removal of two juniper trees with the area to be replanted
with native species. Work to occur within 100' of the Edge of Uncle Harvey's Pond.
Betsy Furtney was present and stated she was open for any questions. Walter North
asked about the removal of the two trees. He asked if they moved the structure towards
the resource area a bit could they avoid taking out the trees. Betsy said it conflicts with
her parking area and septic system and would be difficult.
MOTION: A motion to close this Hearing was made by Walter North and seconded by
Judy Brainerd.
VOTE: 5-0-0
MOTION: A motion for a Negative Determination was made by Charles Ketchuk and
seconded by Donelle Denery.
VOTE: 5-0-0
CONTINUATION
Maureen S. Boyce, 128 Monument Road by Coastal Engineering Co., Inc.
Assessor's Map 55, Parcel 23. The proposed screened porch addition and site
modifications to an existing single-family home. Work will occur within 100' of a Bog,
Inland Bank, Crystal Lake, and within the Pleasant Bay ACEC. David Michniewicz from
Coastal Engineering Co., Inc. and David Hawk from Hawk Designs were present. David
Michniewicz stated he was asked to address the impacts of the parcel being in the
ACEC. He proposed his updates. He said he added additional planting along the
Eastern property line down near the lake adding 200' of plantings. He said this project
will reduce the lawn area by 600sq ft. and increase native planting area by 1100sq ft.
He mentioned he feels this project has positive impacts on the resource areas. Donelle
Denery mentioned the down spouts off the garage that were a concern last week. David
Michniewicz said there was a pipe that was clogged and it is now fixed. Judith Bruce
hoped there would be a small planted area that would create a break between lawn and
lake. David Hawk said there is a strong wildlife corridor there already and that the trees
that were removed will be replaced. Judith Bruce said this was more of a geese
problem. She said a break from lawn to water would prevent geese from coming onto
the lawn. She explained that they eat the grass, then "deposit" nitrogen back into the
water. David Hawk said he lives next door and has never encountered a geese
problem. Judith Bruce asked to consider the break. David Hawk explained that there is
a large Swamp Red Maple in that area with shallow surface roots in much of the lawn
and planting might not be feasible. Judith Bruce asked what was going in the patio area
in front. David Hawk explained they would be removing hardscape and planting more
non-invasive plants. Walter North said he wanted to reinforce that, yes, this is a very
positive proposal, but would they consider more planting to benefit aesthetics from the
water. Judith Bruce mentioned that there is a great deal of hardscape added and they
generally do not permit that much without more natural balance. David Michniewicz said
there is 600' less hardscape as well as 600' less lawn, which is a nitrogen producer. He
stated this project is very much a reduction and improvement over the existing amount
of hardscape.
MOTION: A motion to continue this Hearing to March 14, 2017 was made by Judith
Bruce and seconded by Donelle Denery.
VOTE: 5-0-0
ADMINISTRATIVE REVIEWS
Orleans Natural Resources, Nauset Beach The proposed planting of American
Beach Grass culms in areas of existing dune.
MOTION: A motion to approve this Administrative Review was made by Walter North
and seconded by Judith Bruce.
VOTE: 5-0-0
Orleans Natural Resources, Nauset Beach The proposed annual ORV back trail
maintenance. Nate Sears said substantial puddling of back trail. Maintenance would
consist of filling potholes. Provides safety to users.
MOTION: A motion to approve this Administrative Review was made by Donell Denery
and seconded by Judith Bruce.
VOTE: 5-0-0
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Jan Schneider, 46 Thayer Ln. The proposed removal of one large fallen Pine tree, as
•
well as removal of two smaller trees fallen by larger tree. Tree work to be done by
Steven Welch.
MOTION: A motion to approve this Administrative Review was made by Walter North
and seconded by Judith Bruce
VOTE: 5-0-0
Martin Culik, 505 S. Orleans Rd. The proposed removal and replacement of
landscape timbers around brick steps. Work to be done by the home owner.
MOTION: A motion to approve this Administrative Review was made by Walter North
and seconded by Donelle Denery.
VOTE: 5-0-0
Nina Gussack, 34 Crystal Lake Dr. The proposed replacement of windows and
doors, new siding, and new trim as well as the construction of a 2nd story addition.
David Lyttle present. All windows and siding are existing but just to be replaced.
Proposed 1 %foot cantilever deck. Will propose NOI later but wants owner to be able to
start on windows etc.
MOTION: A motion to approve this Administrative Review was made by Judy Brainerd
and seconded by Judith Bruce.
VOTE: 5-0-0
CHAIRMAN'S BUSINESS
Approval of the Minutes from the Meeting on February 28, 2017.
MOTION: A motion to approve the Minutes from the Meeting on February 28, 2017 was
made by Donelle Denery and seconded by Judy Brainerd.
VOTE: 4-0-1
OTHER BUSINESS
Orleans Natural Resources, Nauset Beach Annual beach update with the Natural
Resource Manager under Order SE 54-723 and Order SE 54-2246.
-review status of front beach profile
-review ORV corridor status and protective measures
-discuss potential habitat for 2017 bird season
-discuss temporary alternate route needed for 2017
Nate Sears started out by introducing our new Natural Resource manager, Dick Hilmer.
Nate Sears gave a brief review of last season including plover production numbers and
success. He detailed the current status of the symbolic fencing at Nauset Spit and
Nauset Beach South. He described how the Town has been successful in carrying out
non-lethal predator control, had 17 pairs of plovers on beach, one incident of vandalism
to a Plover nest, and 95% of the birds fledged. He also mentioned that there was no
colony of Least Terns this year on the beach as they all went to Chatham where the
habitat for them was vast. Nate Sears asked the Commission for a vote to allow the
creation of a temporary alternate route, if necessary, for the Terns and asked it be
established now so it will be in place for the season.
J
MOTION: A motion to authorize Nate Sears to use a Temporary Alternate Route during
the 2017 ORV Season, if needed, was made by Judith Bruce and seconded by Walter
North.
VOTE: 5-0-0
The Commission thanked Mr. Sears for his annual update and took no further action on
the Beach Managers update and report under the OOC's.
The Meeting adjourned at 11:33am
Respectfully submitted,
Molly Bates, Secretary to the Conservation Commission