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Orleans Conservation Commission
Town Hall, Nauset Room �� ,v45,s+
Work Meeting, Tuesday March 28, 2017
• ORLEANS TOR CLERK
PRESENT: Rich Nadler, Chair; Kevin Galligan, Vice-Chair; Mike Brink, Clerk; Judith
Bruce, Member; Judy Brainerd, Member; Charles Ketchuck, Member; Donelle Denery,
Associate Member.
ABSENT: Ginny Farber, Associate Member; Jim O'Brien, Member; Walter North,
Associate Member.
The Meeting opened at 8:30 a.m.
CONTINUATIONS
Last Heard 3/7/17
John and Sherri Souza, 16 Jack Knife Point Rd. by East Cape Engineering, Inc.
Assessor's Map 50, Parcel 100. The proposed construction of a single-family dwelling
and garage with 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 stated the last time they
were here the Commission wanted to see staking of the buffer which has been done.
Adrian Punch said they will keep the English Holly, he added additional shrubs within
the 50ft buffer, added three tupelos as well as other trees, and added boulders at the
edge of the meadow. Kevin Galligan asked John Jannell if they had permission for work
on the neighbor's property. John Jannell said he had emailed with neighbor Charles
Roth and yes, he will allow the work to be done. Kevin Galligan mentioned a past
season of drought, and asked if able to work on plantings sooner than later when water
is available. Adrian Punch mentioned he had a schedule that the Souza's sent him as a
time frame and that he intentions are to have water on site in June. Adrian said if not for
some reason, it will be a September project most likely. Donelle Denery asked about the
health of the conifer to be removed. Adrian said the removal is for construction
purposes but they have added white pines to compensate. Kevin Galligan asked if there
was any sort of contract with the landscaper pertaining to time frame of the project. Tim
Brady said the Commission can add conditions to the order concerning a time frame if
they would like. Judy Brainerd asked if they could get a bond of some sort to ensure this
work will be done in the time frame stated. Judith Bruce asked about cost of the project.
Adrian Punch said he has not yet calculated cost but would be happy to do so. Adrian
suggested $3000 as a security escrow based on the project cost. Donelle Denery
suggested work to be completed as of November 1st. Adrian Punch mentioned they will
also need 4 weeks to give the seed a chance to harden up.
MOTION: A motion to close this Public Hearing was made by Kevin Galligan and
seconded by Mike Brink.
VOTE: 7-0-0
MOTION: A motion to approve the project was made by Kevin Galligan subject to the
following special conditions:
The issuance of this Order is subject to the successful execution of a security, under
160-12, in the amount of $3,000.
The issuance of this Order is subject to receipt of a redacted contract with Harrow and
Seed for the restoration work to be submitted by April 14th 2017.
The restoration work will be required to start by September of 2017 at the latest.
The motion was seconded by Judith Bruce.
VOTE: 7-0-0
Rich Nadler asked the Commission what they would like to do about fines for the
un-authorized clearing. Kevin Galligan noted that all parties should be notified if we
intend to issue fines. John Jannell stated the Commission could stay all fines and allow
the applicant to replant the site at this time.
MOTION: As a follow up action a motion was made by Mike Brink to schedule a
separate Enforcement Hearing for the un-authorized clearing of this property. John
Jannell agreed to, if the motion caries, take steps to notice all parties involved. The
Motion was seconded by Judith Bruce.
VOTE: 7-0-0
An Enforcement Hearing will be scheduled as a follow up at a convenient time after all
parties are noticed.
Last Heard 3/14/17
Charles A. Sanders, 3 South Little Bay Rd. by Coastal Engineering Co., Inc.
Assessor's Map 82, Parcel 6. The proposed shoreline stabilization with coir envelopes,
fiber rolls, and vegetation management. Work will occur within 100' of a Salt Marsh,
within land Subject to Coastal Storm Flowage, within the Pleasant Bay ACEC, and on a
Coastal Bank and Coastal Beach. Katherine Ricks from Coastal Engineering Co, Inc.
and Seth Wilkinson from Wilkinson Ecological Design were present. Katherine stated
that since the last meeting they have submitted a revised plan. John Jannell read the
draft findings from the last meeting as well as Special Conditions. Rich Nadler asked
about sand nourishment and how we are to ensure the gabions stay covered. He
suggested it might be an ongoing condition. Katherine Ricks said they would give
notification of how much nourishment was used and when. Kevin Galligan suggested 3
changes to the draft findings memo prepared by the Administrator. Seth Wilkinson
asked if the Commission was requiring re-nourishment every time the gabions were
uncovered. John Jannell said it would just be required annually.
MOTION: A Motion to close this Public Hearing was made by Judith Bruce and
seconded by
VOTE: 7-0-0
MOTION: A Motion to approve the project subject to the Findings and Special
Conditions in the Administrators memo dated 3/23/2017, as amended, was made by
Kevin Galligan and seconded by Judith Bruce.
VOTE: 6-2-0
Last Heard 3/14/17 (JB1)
Donald & Roberta Lincoln, 31 Ruggles Rd. by Ryder & Wilcox, Inc. Assessor's Map
11, Parcel 20. The after-the-fact construction of a stone fire pit and sifting area and the
proposed installation of a hot tub on stone pavers. Work will occur within 100' of a
Coastal Bank. David Lyttle from Ryder &Wilcox, Inc. was present representing the
Lincolns. David stated a revised landscape plan was submitted by Adrian Punch from
Harrow and Seed Landscaping with additional mitigation along the property line. David
said it showed three added trees to compensate for ones that were cut and all should
be replanted by June 1St. David said after this project was deemed a violation, he and
the client immediately wanted to start to remedy the situation. David requested the patio
and fire pit remain and said his clients will restore the area that was cleared. Kevin
Galligan said his only hang up is the extensive hardscape that is to remain. Judith Bruce
said she is happy with the mitigation but not thrilled with stone bench, wall, and fire pit
together. She suggested they might want to restore the fire pit to rocks and fire, but no
gas fire with hard scape surrounding. David-Lyttle stated the fire pit is 70ft from the
resource area. Charles Ketchuck asked at what delineation does the pit and patio start
and how much volume is within 70ft. buffer. Charles also asked what percent of
hardscape was in the 70ft. buffer. David Lyttle said less than half. Rich Nadler said the
problem is that town cove gets treated as an ACEC with a no adverse effect area. Rich
said once it overlaps between ACEC and buffer, it should just be considered ACEC.
Rich said he was concerned whether this work had an adverse effect on the area. David
Lyttle said the clients are here willingly and would like to work with the Commission.
Mike Brink said he considers this fire pit a structure and it seems the hardscape is
excessive and would feel much better if patio was impervious. Donelle Denery asked
how far the hot tub was from the top of bank. David Lytt le said 75ft.
MOTION: A motion to close this Public Hearing was made by Kevin Galligan and
seconded by Judith Bruce.
VOTE: 7-0-0
MOTION: A motion to approve the project subject to a contract be submitted for the file
and the restoration work being completed by Harrow and Seed by June 1st, was made
by Kevin Galligan and seconded by Donelle Denery
VOTE: 4-3-0
Last Heard 3/21/17 (RN1)
Timothy and Andrea Howell, 25 Cheney Rd. by Ponderosa Landscaping, Inc.
Assessor's Map, 42 Parcel 1. The proposed installation of a stone path, gas fire pit, and
the installation of native plantings to the rear and sides of the house. Work will occur
within 100' of the top of a Coastal Bank and within the Pleasant Bay ACEC. Charles
Wentz was present from Ponderosa Landscaping. He stated since the last time they
had met, the fire pit has been removed from the plan and the walkway has been
simplified. He also stated that plantings had been added around the shower area. The
Commission stated they are happy with the changes made.
MOTION: A Motion to close this Public Hearing was made by Judith Bruce and
seconded by Judy Brainerd.
VOTE: 7-0-0
MOTION: A motion to approve the project was made by Kevin Galligan and seconded
by Mike Brink.
VOTE: 7-0-0
Last Heard 3/21/17 (RN1)
Sagaponac House 11 LLC, 108 Freeman Ln. by Coastal Engineering Company, Inc.
Assessor's Map 1, Parcel 13. The proposed installation of a pool, patios, retaining walls,
Coastal Bank path and land management consisting of the removal of invasive species
to be replaced with native plantings. The work will occur within 100' of the top a Coastal
Bank, on a Coastal Bank and within Land Subject to Coastal Storm Flowage.
MOTION: A request to continue this Hearing to May 9, 2017 was made by Judith Bruce
and seconded by Mike Brink.
VOTE: 7-0-0
REVISED PLAN
• Carolyn and Seth Rudnick, 134 Namequoit Rd. by Ryder & Wilcox, Inc. Assessor's
Map 70, Parcel 13. The proposed replacement of existing dug-in timber steps with a
landing & stairs, & the building of a kayak rack. Work will take place within 100' of a
Salt Marsh, on a Coastal Bank, Coastal Beach, Land Subject to Coastal Storm
Flowage, & in the Pleasant Bay ACEC. The plan has been revised to show a proposed
hand rail. David Lyttle from Ryder &Wilcox, Inc. and Jason Clark from Monomoy Group
were present. David said Jason had constructed a railing out of a white plastic material
down to the beach. David said the client requested a structure more sturdy than that of
a post and rope structure for stability. David Lyttle suggested they change to a railing
that has a more natural format. John Jannell mentioned it does not reflect the
regulations pertaining to natural materials. Judith Bruce said even with the use of
natural materials, the structure still seems excessive. Mike Brink mentioned it looks
quite formal compared to railings around it. Rich Nadler said a consistent approach/look
to the area is best. Kevin Galligan asked if the look of this railing could be similar to the
one next door. Jason Clark said they are trying to do the right thing by the client as they
are older and concerned with materials that could splinter or be a hazard. David Lyttle
asked if he could give a second revised plan.
No action was taken on this project, awaiting submittal of revised plan.
ADMINISTRATIVE REVIEWS
Michael and Elizabeth Bell, 43 Nichols Rd.
The proposed pruning of trees and shrubs to maintain view easement. Work to be done
by Maffei Landscaping.
MOTION: A motion to approve this Administrative Review was made by Mike Brink and
seconded by Charles Ketchuck.
VOTE: 7-0-0
Robert Donaldson, 86 Freeman Ln.
The proposed repair of a beach access path including the proposed replacement of
wooden dug in treads; the proposed removal of two tree trunks; and the filling of a hole
in the path made by a fallen tree.
MOTION: A motion to approve this Administrative Review was made by Kevin Galligan
and seconded by Mike Brink.
VOTE: 7-0-0
Kevin Doherty, 4 Duck Pond Ln.
The proposed winter mowing of the wetland buffer. Work to be done by the Applicant.
Judith Bruce suggested Blue Flax maintained the mowing from now on. The
recommendation for Blue Flax Design will be included in the approval to Mr. Doherty.
MOTION: A motion to approve this Administrative Review was made by Rich Nadler
and seconded by Kevin Galligan.
VOTE: 7-0-0
OTHER BUSINESS
Discussion of RDA's issued to the Town of Orleans for:
- Kent's Point Oyster Demonstration Project
John Jannell said the DMF comments led him to believe that we have errored in our
process. Rich Nadler read out loud the letter composed by John Jannell asking the town
to refile an NOI if they wish to go forward in the future. Paula Winchell from AECOM
spoke and stated they have decided not to pursue the project at Kent's Point at this
time. She said the permitting process would be lengthy and the town has yet to decide
where they would like to do shellfish habitat. Paula said when/if they do decide to go
forward, they understand the permitting process. Judith Bruce mentioned she would like
to see the Commission encourage the town to do habitat restoration projects to help
improve some of our bodies of water. Judith Bruce added that she would hope this
project is not being abandoned just put off for a bit.
MOTION: A motion to send the draft memo, as amended, to the Town Administrator
and the Natural Resources Manager was made by Kevin Galligan and seconded by
Judith Bruce.
VOTE: 7-0-0
Lonnie's Pond Oyster Demonstration Project
Paula Winchell stated that last Wednesday the total volume of oysters was cut in half
again due to budget constraints. Paula said there will now be two plots instead of the
initially proposed four. Judith Bruce said she thinks the project needs to be fully
deployed in order to gain information and conclusions.
No Action was taken by the Commission after this discussion.
MOTION: A motion to adjourn this Meeting was made by Kevin Galligan and seconded
by Judy Brainerd.
VOTE: 7-0-0
•
Site visits were discussed by Commissioners.
The meeting was adjourned at 10:14 a.m.
Respectfully submitted,
Molly Bates, Principal Clerk, Orleans Conservation