Orleans Conservation Commission
Work Meeting Nauset Room July 28, 2009
8:30 a.m. Call to Order
Continuations
Last heard: 7/21/09
James Corley & Sally Everett 152 Namequoit Road
by Ryder & Wilcox, Inc. Assessor’s Map 70, Parcel 40. Proposed construction of an addition on an existing dwelling; construction of a detached garage; & gravel driveway construction. Work will occur within 100’ of Land Subject to Coastal Storm Flowage, & within the Pleasant Bay ACEC.
Last heard: 7/7/09, 7/21/09
Gertrude Nichols-Paul/Rives & Katherine McGinley 42, 44, & 46 Nichols Road
by Brian Wall, Esquire. Assessor’s Map 64 & 57, Parcels 15, 16 & 40. Proposed pruning of trees & shrubs on & within 100’ of a Coastal Bank.
Discussion
Joanne Broderick 11 Seaside Drive
Discussion on the possibility of building an addition within 100’ of a certified vernal pool. The project will be 75’ from the wetland partly over an existing driveway.
Certificate of Compliance
Snyder/ Partnership (2006) 47 Cedar Land Road
COC request for an Order to put in a foundation under an existing dwelling and for a waterline. The project is built as shown.
Administrative Reviews
Ann Fleck Henderson 13 Mizzentop Lane
This project was heard July 17, 2009 and held to determine if the OCT was in favor of this project as some of the trees may be on their property. The OCT was willing to let the possible work on their property go forward as removing those trees would open an area for an apple tree. The Applicant would like to cut down 60 trees in the buffer to a Coastal Bank. Part of the cutting is to open an area around an apple tree; the other is for a view-cutting to the top of the bank. They would also like to limb several oaks for the view- cutting. Many of these trees are small. I would recommend a Site Visit for this project. The lot is long and narrow and the lots on either side are well-treed. This cutting will not open up a big view.
Richard Houghton 207 Brick Hill Road
Request to remove 6 dead red cedar trees within 100’ to a freshwater pond. There are many other trees in this area.
Micheal Tarnow 10 Deep Pond Circle Request to remove 2 dead trees within 100’ to Deep Pond. Minor pruning of lower limbs on 8 trees along both sides of the driveway greater than 100’ to the wetland.
Job Taylor, III 40 Namequoit Road
Request to remove 3 large pine trees with bark borers. One tree is very near the house. Plant two native trees between the dwelling and Arey’s Pond.
Man-Kong Tsui 31 Ruggles Road
Request to reduce the height of 3 red cedars and 2 oaks located on the bank by removing 1’-4’ of the outer canopy to maintain the view to Town Cove. Prune the large black oak in the original Order away from the deck and some lower branches to encourage the tree to put growth in the top canopy.
Town of Orleans (Habormaster/Shellfish) Herringbrook Road
Request to repair and improve the base of the fish ladder that connects Lonnie’s Pond to Pilgrim Lake. The cracks along the inside of the culvert that runs under Herringbrook Road will be patched and an extension of the existing fish ladder will be created with concrete forms. This is a historical herring run and per the requirements of Mass. Division of Marine Fisheries must be maintained in good working order. The construction will take place in mid-August under the direct supervision of DMF personnel.
Linda Odenbach 41 Orie Lane
After-the-fact construction of a driveway extension when parking in the right-of-way was no longer acceptable. 3” of gravel was spread over the existing grade alongside an existing house within 10’ of the Top of a Coastal Bank.
Christopher Frey 71 Briar Spring Road
Site Visit 6/24/09
This AR was heard 6/23/09 and held for a Site Visit.
We have a new Site Plan showing this work.
This part of the request is necessary to obtain a COC on the Order.
This work must be done to vegetate bare areas.
Plant upper bank facing the bay (east) with bearberry and asters and remove remaining invasive species. The type of asters was not specified.
Plant upper bank facing south with golden aster, ice plant, and cinnamon fern.
(The Commission was in favor of this request at the Site Visit. Other native groundcovers could also be used.)
Instead of removing all the invasive species as requested they want to leave a large area of vinca on the bank to the north within 7’ of the top of the coastal bank. (There was no consensus with this request at the site visit.)
The work below has been removed from the Site Plan and would have to be discontinued to get a COC:
Prune inkberry to 4’ and bayberry to 6’ on the upper bank facing east. Some of these inkberry must be pruned so that the sprinkler can cover the bank. (The Commission was in favor of a more naturalized pruning and commented that pruning, except for the shrubs by the sprinkler, was not necessary as it was not blocking the view.)
Mow buffer Area 1 (level area between banks) and Area 2 (to the south behind swing set) once a year. Mow path through buffer Area 1 through the season. (The Commission was concerned about mowing the path through the season in that it was likely the area between the banks would be mowed entirely in the summer, and asked to have a low split-rail fence installed to show the limit of mowing. This would require a variance.)
This is new work, is not necessary to receive the COC and has been removed from the Plan:
Prune 7 trees down from the top for a view—5 junipers and 2 black cherries. The Commission noted that the cedars did not have enough foliage to be pruned any more at this time. Only 1/3 of the foliage of a tree may be trimmed under our Regulations. In the future, when the young cedars have grown up, they would consider pruning or removal of some of these trees. The Commission was very concerned about the bittersweet and other invasive species on the bank. They were concerned about the survival of any of the trees and shrubs on the bank without a professional Plan to remove invasive species. This would have to be filed under a NOI.
Use herbicide on an area near the top of bank for bittersweet. Cut vines off of young red cedars planted with the 2003 Order. (The Commission would prefer a professional Plan to remove invasive species.)
Chairman’s Business
Approval of the Minutes from the Hearing/Work Meeting on July 21, 2009.
Other Member’s Business
Administrator’s Business
Site Visits
Request for Determination
Charles Woodward 17 Lucy’s Lane
by Ryder & Wilcox, Inc. Assessor’s Map 42, Parcel 51. The “after-the-fact” replacement of iron pipe supports for a Licensed seasonal pier in the River.
Notices of Intent
Richard Stanton 23 Herring Brook Way
by J.C. Ellis Design Co., Inc. Assessor’s Map 55, Parcel 33. Proposed septic system upgrade & water line relocation. Work will occur within 100’ of a Salt Marsh, within Land Subject to Coastal Storm Flowage & the ACEC, & on a Coastal Bank (under Town Bylaw only).
James & Caroline Macon 42 Jack Knife Point Road
by Ryder & Wilcox, Inc. Assessor’s Map 57, Parcel 72. The proposed construction of a dwelling; utilities, grading, & landscaping. Work will occur within 100’ of a Coastal Bank & Land Subject to Coastal Storm Flowage, & within the Pleasant Bay ACEC.
Jacquelyn & Robert Moore, II 25 Primrose Lane
by Ryder & Wilcox, Inc. Assessor’s Map 57, Parcel 22. The proposed construction of a gabion revetment to stabilize an eroding coastal bank. Work will occur on a Coastal Bank, Coastal Beach, Land Subject to Coastal Storm Flowage, & within the Pleasant Bay ACEC.
Gerald & Carolyn Mulligan 16 Ewing Drive
by Ryder & Wilcox, Inc. Assessor’s Map 93, Parcel 17. Proposed gabion & fiber roll toe protection, including bank reconfiguration with plantings, gravel driveway reconfiguration & expansion, & landscape plantings. Work will occur on a Coastal Bank, Coastal Beach, Rocky Inter-tidal Shores, Land Subject to Coastal Storm Flowage, & within the Pleasant Bay ACEC.
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