Orleans Conservation Commission
Town Hall, Nauset Room
Hearing, Tuesday, February 17, 2009
PRESENT: Bob Royce, Bill Parish, Vice-Chairman; Arnold Henson, Chairman; Judith Bruce, George Christie, Harry Herrick, (Members); Steve Phillips, Jamie Balliett, (Associate Members); and Jennifer Wood, Conservation Administrator.
ABSENT: Adrienne Pfluger, (Member); and James Trainor, (Associate Member).
The Meeting opened at 8:30 a.m.
REQUEST FOR DETERMINATION
Estate of Edward F. McClennen, 661 South Orleans Road by Ryder & Wilcox, Inc. The proposed installation of an 8” water main to serve existing dwellings, & abandonment of some of the 2” existing service. Work will occur within 100’ of a Coastal Bank, a Bog, & Land Subject to Coastal Storm Flowage, & within the Pleasant Bay ACEC. David Lyttle, from Ryder & Wilcox, said 6 lots front on Route 28 and Pleasant Bay. There is one 2” water service running along Route 28 in Orleans to the first dwelling, than each dwelling has individual water services off of that line which tend to break down. The State will install one 8” water main down along their property with individual 1-2” services running to the dwellings. Only Parcel A and part of Parcel P are in Orleans. The remainder of Parcel P is in Brewster, and the 4 remaining lots are in Harwich. There are no municipal water services to these parcels from either Harwich or Brewster. The water line will be coming from the Orleans well
field. Requests for Determination will also be filed in Brewster and Harwich. Work in Orleans will include tunneling under the road from the west side of Route 28 to the east side, with a
Directional-boring machine. The portion of work in Orleans will be completed within a day. Arnold Henson asked if the State has received approval to tunnel underneath Route 28? Mr. Lyttle said the State has filed for a new curb cut and anticipates approval. George Christie asked how long the trench for the water main will be? Mr. Lyttle said between 700 and 800’-long. Jenny Wood asked if this is a replacement? Mr. Lyttle said yes, with a different configuration and more available water. Arnold Henson said the work is within the road bed.
MOTION: A motion to grant a Negative Determination was made by George Christie and seconded by Judith Bruce.
VOTE: Unanimous.
NOTICES OF INTENT
Joseph & Cheryl Doyle, 29 Priscilla Road by Ryder & Wilcox, Inc. The
after-the-fact construction of a seasonal deck attached to an existing dwelling, 2 sets of steps, & the installation of hay bales on the edge of the beach. Work occurred on a Coastal Beach & a Coastal Dune, within Land Subject to Coastal Storm Flowage, & below the Top of a Coastal Bank. David Lyttle, from Ryder & Wilcox, said the Applicants want a seasonal deck for the use of renters during
the summer. According the Mr. Lyttle, the Applicants think this deck is a minimal impact vs. the fishermen activity on the shore. Mr. Lyttle said the Conservation Administrator saw the unapproved deck had been replaced after the Enforcement Order asked for its’ removal, and he called the Applicants requesting the deck be removed again. Arnold Henson said there was planting where the deck was located that would stabilize the bank. The bank is eroding now. Judith Bruce said that area was once well-vegetated. Now there is no vegetation and 2 sets of steps going down the bank, in an area that was supposed to be left undisturbed. This is a reason why requests for decks in this area have been refused in the past. Mr. Lyttle offered a Planting Plan seaward of the deck’s location. The
Conservation Administrator explained the sequence of events. In May 2008, the Applicants were asked to remove the seasonal deck, and file a Notice of Intent for the hay bale revetment by July. They did not file until the end of January 2009. If the hay bales are not approved, they must be removed within 2 weeks. Bill Parish said there are 2 sets of steps to the beach--1 set is dangerous. Arnold Henson said having total open access from the house to the shore has destroyed the area. Judith Bruce said there should be no direct access from the house to the shore. The old path on the side of the house to the beach should be the only access from this dwelling. Mr. Lyttle said there was always a lot of use in that area, including picnic tables, and he said he would provide photographs. Arnold Henson said he is aware the Applicants want some place to sit outside, but the area is eroding away and there are 2 decks on the house already. The access must be returned to the
original—on the side. There should be no access directly down the bank. George Christie asked how far the proposed temporary deck is from the top of the bank? Mr. Lyttle said from 8 to 10’. He requested a Continuance for a Planting Plan and a stabilization Plan for the bank. Arnold Henson said the Commission does not seem in favor of any deck on that side. The steps should be removed, the bank should be stabilized with plantings, then perhaps a smaller deck could be considered. Jenny Wood said it is difficult to permit building on a dune area.
MOTION: A motion to continue this Hearing to the Meeting on March 10, 2009 was made by George Christie and seconded by Bill Parish.
VOTE: Unanimous.
Parks & Beaches Department, 192 Skaket Beach Road (Skaket Beach) by Ryder & Wilcox, Inc. The proposed removal & reconstruction of a snack bar within an existing parking area; installation of a septic system for the bath house & snack bar, & the pumping, abandonment, & removal of the existing system. Work will occur within 100’ of a Coastal Beach, a Coastal Bank, a Dune, & within Land Subject to Coastal Storm Flowage. David Lyttle and Judith Bersin, from Ryder & Wilcox, and Paul Fulcher, Superintendent of the Parks and Beaches Department, were present. Mr. Lyttle said this project is primarily a septic upgrade for the bath house and snack bar at Skaket Beach, including a septic tank, pump chamber, and leaching facility. The area for the leaching facility is proposed
100’ from the top of the bank, with no mounding required. A grease trap will be installed for the snack bar, however, no funding for the repair or relocation of the snack bar was provided at the last Town Meeting. Mr. Fulcher said an alternative snack bar location is shown on the Site Plan. This part of the project will not be done this year, but he wants the Commission’s input. George Christie said the existing snack bar and bath house will be hooked into the new system for now. Judith Bruce said this is a huge improvement for the septic, and she thought the new location for the snack bar would be an aesthetic improvement. Jamie Balliett questioned the location of the new septic system? Ms. Bersin said if they moved it east any further, it would be too close to the water lines. Mr. Lyttle said the soils are good in this area. George Christie asked how long the parking lot will be inaccessible? Mr. Fulcher said
a couple of weeks. This work must be completed before Memorial Day.
MOTION: A motion to approve this project was made by George Christie and seconded by Judith Bruce.
VOTE: Unanimous.
Highway Department, Monument Road by Stearns & Wheler, LLC. The proposed installation of stormwater structures in the roadway & parking lot to increase infiltration & treat run-off discharging into Crystal Lake. Work will occur within the 100’ buffer to Crystal Lake & the ACEC. Russ Kleekamp, from Stearns & Wheler, said the existing area has undersized catch basins. There will be 3 new drainage areas: the first area is at Keziah’s Lane, where there will be 3 catch basins and 3 (10’-deep) leaching pits installed. This will take 3 days to a week for the installation and backfilling, with most of the work off to the Keziah’s Lane side of the road. The access to Keziah’s Lane will not be completely blocked off. The second drainage
area, at Herring Brook Way, will be a smaller system, with 2 pits off to the side, which will cause less of a traffic disturbance. The final drainage area is in the parking lot at Crystal Lake and will include a 1,500-gallon settling tank and 25 infiltration chambers. George Christie asked for a timeline? Mr. Kleekamp said the entire project will take a month for all 3 sections. Arnold Henson asked about blocking traffic on Monument Road? Mr. Kleekamp said when they are delivering structures, the traffic may stop, or be 1 lane at times, but Monument Road will not be totally blocked off during this work. Judith Bruce said this is a large drainage area close to Crystal Lake and she asked if the infiltration chambers could be installed across the street rather than on the Lake side? Mr. Kleekamp said that area is much smaller and the elevation is higher. The infiltration chambers would not be as efficient in that location.
The most cost effective and efficient location is the parking lot. Mr. Kleekamp said if they do not finish the work this spring, there will be no work between Memorial Day and Labor Day. Steve Phillips asked why they cannot begin until April 15th? Mr. Kleekamp said that is when the paving plants open. Mr. Phillips asked if the work within the parking lot could be done first? Mr. Kleekamp agreed. Arnold Henson asked for the benefits of the project? Mr. Kleekamp said this project will deter bacterial pathogens from entering Crystal Lake that could cause beach closures. Mr. Fulcher said Crystal Lake has not been closed within the last 5 years. Mr. Kleekamp said the sedimentation tank will help water quality. Arnold Henson asked about cleaning and maintenance? Mr. Kleekamp said the catch basins will be cleaned out once a year, and the sedimentation tank will be inspected every 3 to 5 years. Judith Bruce said
the wetland buffer shown on the Site Plan is also the ACEC Boundary. Mr. Fulcher said part of this proposal is to replace the 6’ x 6’ timbers with an asphalt berm around the parking lot. Mr. Kleekamp said the timber retaining wall will not be replaced. He said the drainage structures will slow the water down from the road to Crystal Lake. The overflow pipe to the beach will remain. This system has been designed for a 25-Year storm but we may get a larger storm. Mr. Fulcher asked for rip-rap to dissipate the flow. Mr. Kleekamp agreed that would be a minor cost and will be part of the $150,000 budget. Mr. Fulcher also asked about planting along the side of the road to deter parking? Mr. Kleekamp said he would consider it depending on the budget. Arnold Henson read a letter from the Owner of 116 Monument Road requesting an asphalt berm to prevent run-off from the road onto his property. Mr. Kleekamp said
that would require extra pavement but he would consider adding the extra berm and developing a Planting Plan with any funds that remained. His current estimate is $143,000. Jim Bast said the 105 Members of the Friends of Crystal Lake thank the Commission for moving this project along. He requested at the completion of the project that an As-Built Plan be provided to keep a record of this site. Mr. Kleekamp said an As-Built Plan will be made available.
MOTION: A motion to approve this project, conditioned that no work will be done between Memorial Day and Labor Day, and that rip-rap will be added to the outfall pipe, was made by George Christie and seconded by Bill Parish.
VOTE: 6-1-0 Approved (Judith Bruce voted “Nay”).
CONTINUATION
Jennifer & Donald Thulin (GC1,JB1), 47 Sparrowhawk Road by Hadley Crow Studio. The proposed reconstruction of an existing deck; enclosure of a portion of the deck for a porch; installation of a bluestone pathway; expansion of a second deck, a spa, & replacement of retaining ties with a masonry wall. Work will occur within 100’ of the Top of a Coastal Bank, & within the Pleasant Bay ACEC. Patty Crow, from Hadley Crow Studio, said she has submitted the invasive species removal Plan. Most of the invasive species are within the first 10’ of the naturalized area and include honeysuckle and bittersweet. Jenny Wood said the delineation of the coastal bank has been verified in the field. The Order will be conditioned for the hay bales to be removed in a timely fashion; the porch will
remain seasonal without heat and with open flooring; only 1 tree will be removed, and it will be replaced with a native tree. Jamie Balliett asked for a dry well? Ms. Crow agreed. Steve Phillips asked about the access to the porch? Ms. Crow said the access is through the living room. There are no plans at this time to remove any trees from the view easement. The Applicants will return to the Commission for any tree removal in the future.
MOTION: A motion to approve this project was made, conditioned as mentioned above, by Judith Bruce and seconded by Bob Royce.
VOTE: 6-0-1 Approved (George Christie abstained).
CERTIFICATES OF COMPLIANCE
Alan McClennen (1988), 661 South Orleans Road. This is a Certificate of Compliance request for a seasonal dock. The dock is consistent with the License. On-Going Conditions for Existing Docks will remain on the Certificate of Compliance.
MOTION: A motion to release this Certificate of Compliance was made by George Christie and seconded by Bob Royce.
VOTE: Unanimous.
Alan McClennen (1987), 661 South Orleans Road. This is a Certificate of Compliance request for a repair in a rock revetment and for several additions. The additions meet the description in the Notice of Intent and the rock revetment was replaced under another Order in 1990.
MOTION: A motion to release this Certificate of Compliance was made by George Christie and seconded by Bob Royce.
VOTE: Unanimous.
(Bill Parish left the Meeting at this time, 9:45 a.m.)
ADMINISTRATIVE REVIEWS
Katherine Udall, 35 Keziah’s Lane. This is a request to pave the main driveway on the incline only, approximately 200’. The level section will not be paved. There is no recent Site Plan of this property showing the coastal bank, but the driveway is likely to be within 100’ of the coastal bank to Lonnie’s Pond. The driveway is contained by high walls on either side. This request also includes minor vegetation work on the coastal bank to keep open several windows of view by reducing the height of the shrubs to 4’. This work has been done before under previous Administrative Reviews. The Applicant also wants to remove 2 dead trees. There are other dead trees in this area.
MOTION: A motion to approve this Administrative Review was made by Judith Bruce and seconded by Bob Royce.
VOTE: Unanimous.
Dan Meany, 29 Uncle Mark’s Way. This is a request to cut down the brush in an old field area with a brush cutter approximately 100’ x 30’ to retain the view. The old field has autumn olive, multiflora rose, and honeysuckle. There is an old bench at the end of the field on the top of the bank where honeysuckle and small locust trees are proposed to be cut to 3’. This work was last done 3 years ago.
MOTION: A motion to approve this Administrative Review was made by George Christie and seconded by Bob Royce.
VOTE: Unanimous.
Dan Meany, 18 Twitchnot Lane. This is a request to cut shrubs--honeysuckle and viburnum to 3’ in a view area from the dwelling approximately 30’-wide. The Applicant also wants to remove one oak sapling in this area. This work will be done now before birds begin nesting. This work was last done 3 years ago.
MOTION: A motion to approve this Administrative Review was made by George Christie and seconded by Judith Bruce.
VOTE: Unanimous.
CHAIRMAN’S BUSINESS
Approval of the Minutes from the Work Meeting on February 10, 2009.
MOTION: A motion to approve the Minutes from the Work Meeting on February 10, 2009 was made by George Christie and seconded by Bob Royce.
VOTE: Unanimous.
The Meeting was adjourned at 9:48 a.m.
Respectfully submitted,
Leslie Derrick, Conservation Commission Secretary
Approved Dated
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