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Orleans Conservation Commission
Town Hall, Nauset Room
Hearing, Tuesday, December 15, 2009
PRESENT: Steve Phillips, Adrienne Pfluger, Bob Royce, Arnold Henson, Chairman; Judith Bruce, Vice-Chairman; Harry Herrick, James Trainor, (Members); Jamie Balliett, and Jim O’Brien, (Associate Members).
ABSENT: Jennifer Wood, Conservation Administrator.
The Meeting opened at 8:30 a.m.
CONTINUATIONS
Dawson & Lynn Farber, III, 53 Kenneth Lane by J.M. O’Reilly & Associates, Inc. Proposed construction of a stone revetment to protect an existing dwelling. Work will occur on a Coastal Bank & within Land Subject to Coastal Storm Flowage & the Pleasant Bay ACEC. Matt Farrell, from J.M. O’Reilly, Dawson and Lynn Farber, the Applicants, and Chris Norgeot, from Anchor Marine, were present. Mr. Farrell said the Natural Heritage and Endangered Species Program (NHESP) and the Chapter 91 Waterways Department have made written requests. A letter has also been submitted from Donald Krohn, the Abutter to the west, endorsing the stone revetment. Mr. Farrell said the revised Plan shows the revetment is now 30’ from Mr. Krohn’s property instead of 15’. 2 fiber rolls
have been added at the west end that extend to 20’ to mitigate for potential end scour. Mr. Farrell said the Planting Plan is shown on the Site Plan seaward of the revetment. They will plant 30 woody shrubs and plants, and install a native grass seed mix in areas that are less than 6’-wide. A jute mat blanket will be placed over the disturbed areas while the vegetation is stabilizing. Mr. Farrell said the costs for the initial installation will be equal with gabions and large stones, but gabions would need to be maintained and replaced before large stones. If the gabions were covered and planted, the cost would be greater to maintain them. Mr. Farrell said the cost would run from $5,000 to $15,000 a year to keep gabions covered. The fill over the gabions would have to only be on the higher sections to keep sediment from smothering the marsh if it needed to be replaced frequently. Mr. Farrell said he will satisfy the Department
of Environmental Protection (DEP) on how he established Mean High Water by the rack line. The revetment may need a Chapter 91 Waterways License, but the Order could be conditioned for that. He said the Natural Heritage and Endangered Species Program has asked for a Biologist’s assessment of the site focusing on Diamond-Back Terrapins and a comparative analysis between hard and soft solutions. Arnold Henson said the issue is—are gabions better at this site than a rock revetment? He said the Commission looked at the bulkhead/rock revetment next door to this proposal and there is a lot of end scour. Arnold Henson said the bottom layer of gabions would be dug in. Above that, the baskets will fill in with seaweed and other materials, and eventually be covered without adding sediment. There are a lot of gabion revetments on Pleasant Bay, and with a proper design, they do work. Judith Bruce said she is a fan of gabions, if they stay
covered. James Trainor said if the gabions don’t work, this dwelling is only 24’ off the bank. Chris Norgeot said he has 25 years of experience with gabions and rock revetments. He has installed both in Pleasant Bay. At one site in East Egg, a rock revetment was installed long ago and gabions have been added recently. The combination is holding together. A rock revetment was installed 15 years ago at Viking Point and the bank is still holding at both ends. He said he cannot say that one method works better than the other. Arnold Henson said the issue seems to be aesthetics, but it should be erosion control and protection of the wetland interests. Does the rock revetment increase the wave action more than gabions? Would there be more scour on the neighbor’s property with a rock revetment? Jamie Balliett said he would like to wait for the Natural Heritage and Endangered Species Program and the Chapter 91
Waterways Department to be satisfied before voting on this Notice of Intent. Steve Phillips said he is not satisfied with the comparison between stones and gabions, and their affects on the environment. Mr. Farrell said he will work with NHESP on the habitat assessment and an alternative analysis between hard and soft solutions. Ms. Bruce suggested Bob Prescott could give an opinion on the presence of turtles in this area. Lynn Farber said they are concerned with the durability of gabions as they would have to pick up debris. Arnold Henson said for 25 years, he has had no experience with gabions breaking down. Mr. Norgeot said he has experience with gabions in Chatham failing where there is large wave energy. Adrienne Pfluger said Mr. Berman said over time, the increase in tide will go back to previous tide levels. Bob Royce said at first he wanted gabions, but now he has changed his mind. Nourishment is not necessary, a rock
revetment is more aesthetic, and this is not going to be a tall rock wall. Arnold Henson said he prefers gabions as there is no surf in this location. Gabions are better all around for the environment. He requested the Applicants submit a Plan using gabions for comparison. The Commissioners need more supporting information and comparison between large rocks and gabions before taking a vote. Bob Royce asked if the bottom row of rocks is above Mean High Water, what is preventing the rocks from slipping down the bank. Mr. Farrell said the bottom toe stone will be buried a foot and a half below the existing beach elevation (18’). He said he would supply more information and offer an alternative analysis to a stone revetment. He is aware the Chapter 91 Waterways Department thinks that revetment is below Mean High Water and needs a License.
MOTION: A motion to continue this Hearing to the Meeting on January 19, 2010 was made by Judith Bruce and seconded by Adrienne Pfluger.
VOTE: Unanimous.
Carolyn Broman, 5 Broman Place by Felco, Inc. Proposed work is to obtain approval for the continued use of 2 sections of elevated walkway from the existing Licensed dock landward to the existing access path. The walkway is within the Resource Area. David Lajoie, from Felco, Inc., said he investigated relocating the walkway into the small upland area. If it is moved, they would require a larger structure elevated 1 to 2’ above the present walkway and would impact a previously undisturbed area. Mr. Lajoie said grass is growing all around and under the walkway. Judith Bruce agreed that relocating the walkway would
create more of a disturbance. Mr. Lajoie said the present walkway has small supports—2” x 2”-wide that hold the planks above the marsh. Arnold Henson asked if there were posts every 8’? Mr. Lajoie said yes. The posts would have to be increased in size if the walkway is elevated 30” above the marsh. Steve Phillips asked if the concrete blocks were necessary? Mr. Lajoie said the blocks could be replaced with 4’ x 4’ posts to get it off the ground. Arnold Henson asked if the ramp was shown on the approved License? Mr. Lajoie said the beginning of the ramp sits on the ground on the Licensed Plan. He said the tide range is 3½’ to 4’ and Mean High Water (MHW) was found to be at elevation 3.7. He said he is aware that Spartina alterniflora grows in
the marsh but he did not use plants to determine MHW. Arnold Henson said he wants Mr. Lajoie to get together with the Conservation Administrator to agree on Mean High Water since it has changed due to the new break. Steve Phillips said the previous Application for the Farbers listed Mean High Water as 4.7’. Mr. Lajoie said they could be using different datum. He said the State uses Mean Low Water at elevation zero. James Trainor suggested removing the cement blocks, and putting in posts for the end of the ramp and the other section of dock. He said the walkway should remain in its current location. Arnold Henson said a Site Plan is needed that shows what is present at this site, including the supports and structure of the dock and the height. Mr. Lajoie said with extreme high tides, the walkway is under water. It is nailed to the current supports and it is not seasonal.
MOTION: A motion to continue this Hearing to the Meeting on January 12, 2010 was made by Judith Bruce and seconded by Harry Herrick.
VOTE: Unanimous.
ADMINISTRATIVE REVIEWS
Herman Vandevenne, 75 Gosnold Road. This is a request to remove 10 trees. The Applicant has offered a 1-to-1 replacement of trees with native evergreens. A request to cut down at least 15 trees (scotch pines and red cedars) that are dying from bark beetles was heard 9/22/09 and was altered to just removal of 2 trees near the dwelling. The Commission asked for replacement trees and removal of some of the English ivy so the replacement trees would survive. There is no Site Plan showing the top of the coastal bank on this property. The Commission asked to hold this Application until the Conservation Administrator was present.
Jim Turnbull, 11 Country Lane. This is a request to remove 2 dead pitch pines. There is no Site Plan showing the top of the coastal bank on this property next to Pilgrim Lake.
MOTION: A motion to approve this Administrative Review was made by Steve Phillips and seconded by Adrienne Pfluger.
VOTE: Unanimous.
Susan Peck (Mike Gomez), 30 Tides End Lane. This is a request to remove 2 red cedars that are leaning against the dwelling. The work will be done by A to Z Treez.
MOTION: A motion to approve this Administrative Review was made by Judith Bruce and seconded by Steve Phillips.
VOTE: Unanimous.
CHAIRMAN’S BUSINESS
Approval of the Minutes from the Work Meeting on December 8, 2009.
MOTION: A motion to approve the Minutes from the Work Meeting on December 8, 2009 was made by Judith Bruce and seconded by Bob Royce.
VOTE: Unanimous.
The Site Visits for the Hearing on January 5, 2010 were discussed by the Commissioners.
The Meeting was adjourned at 9:35 a.m.
Respectfully submitted,
Leslie Derrick, Conservation Commission Secretary
Approved Dated
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