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Conservation Commission Minutes from 2009/03/10
Orleans Conservation Commission
Town Hall, Nauset Room
Work Meeting, Tuesday, March 10, 2009


PRESENT:  Adrienne Pfluger, Bob Royce, Bill Parish, Vice-Chairman; Arnold Henson, Chairman; Judith Bruce, George Christie, (Members); Steve Phillips, James Trainor, Jamie Balliett, (Associate Members); and Jennifer Wood, Conservation Administrator.

ABSENT:  Harry Herrick, (Member).

The Meeting opened at 8:30 a.m.
                                        
CONTINUATION
Joseph & Cheryl Doyle (JT1,AP1), 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 plastic steps and the posts with nautical rope were placed on the beach by the commercial fishermen that use this area.  Mr. Lyttle said the new proposal shows the installation of 3 rolls of fiber rolls extending across the area in the back of the dwelling to the existing path to the beach. There will be no beach access directly across from the house.  Mr. Lyttle said landward of the fiber rolls, they are proposing to plant 2 types of grasses and use a path around the existing deck to the proposed removable deck. Around that path, they are proposing a post-and-rope fence that will become a visual barrier for access from the deck to the beach.  Mr. Lyttle said this area where the seasonal deck is proposed used to have a picnic table and other items.  George Christie confirmed that the Applicants want a new seasonal deck.  He said this would be considered an expansion in the resource area and an increase in footprint.  The Conservation Administrator showed an aerial photograph from 2003 showing good vegetation in the area with only a small path right next to the house.  The new proposal shows a tremendous amount of use in a fragile area. Judith Bruce recalled there was a proposal from the previous Owners for a deck, however, the Commission did not approve that because the footprint should not be extended in the resource area.  The area with the good vegetation is now only sand.  Ms. Bruce asked for the width of the proposed planted area?  Mr. Lyttle said it varies from 3 to 10 to 8’.  Steve Phillips asked if the access across the coastal bank was the issue, with having the deck near the beach, or was it the deck itself?  George Christie said the deck itself because with the deck, they are increasing the size of the house. Arnold Henson said the proposed planting is a problem--they need more substantial plants than just beach grass or quack grass. Jenny Wood said shrubs would be better, Rosa rugosa or native roses.  Judith Bruce said adding the deck expands the footprint, and she did not know of a way to keep people out of the backyard. She said a narrow deck with no access to the water and the area planted right up to deck should be considered.  Arnold Henson agreed that covering the area with shrubs and cutting off the access to the water is preferred by the Commissioners, but he did not think a  
a deck was necessary.  Jenny Wood said the old path by the side of the house to the beach worked before and she did not see a reason to have a path through this area.  Mr. Lyttle said he would speak to the Applicants about adding Rosa rugosa and reducing the deck to 8’ deep, with a fence. Arnold Henson said increasing structures at this location is not a good idea.  George Christie said he wants to see a sensible Planting Plan.  The fence will be an addition, and the deck is a problem.  Arnold Henson asked how wide is the existing deck? Mr. Lyttle said 10’ deep without the 2 pointed areas.  James Trainor said people will walk through the plantings.  He was in favor of a smaller deck.  Mr. Lyttle suggested signs facing the house prohibiting access through the planted area.  Jenny Wood suggested snow fence until the plants are thick enough.  James Trainor suggested a 3’ plank walkway from the deck over the fiber rolls so there would be access to the water without going through the plants.  Arnold Henson said to eliminate the seasonal deck, install a post-and-rail fence along the path by the house, then plant the area heavily.  Jenny Wood said they have expanded the walkways around the house with shells already at this location.  Mr. Lyttle said he will propose a 4’ split-rail fence to his clients and the planting of Rosa rugosa.  

MOTION:  A motion to continue this Hearing to the Meeting on March 24, 2009 was made by George Christie and seconded by Judith Bruce.

VOTE:  Unanimous.

ADMINISTRATIVE REVIEWS
Adrienne Pfluger, 20 Briar Spring Road.  This is a request for proposed weed-whacking of English ivy and pulling the ivy off the trees. This request includes the removal of brush from storm damage in a small area and the removal of 3 small dead red cedars. There are many other trees in the area.

MOTION:  A motion to approve this Administrative Review was made by George Christie and seconded by Bob Royce.

VOTE:  7-0-0 Approved (Adrienne Pfluger recused herself, Steve Phillips voted in her place).   

Mark O’Leary, 24 Franz Road.  This is a request for the construction of a shed at the end of the driveway. This house is under construction under an Order to take down the existing dwelling and build a new dwelling. The shed is greater than 100 feet to the dune, but the entire lot has a Revegetation Plan.  

MOTION:  A motion to approve this Administrative Review was made by Judith Bruce and seconded by Bob Royce.

VOTE:  Unanimous.   

James West, 89 Briar Springs Road.  This is a request to plant a native tree, shadbush, within the 50’ buffer.

MOTION:  A motion to approve this Administrative Review was made by Judith Bruce and seconded by Bob Royce.

VOTE:  Unanimous.   

Town of Orleans, Harbormaster.  This is a request to fill potholes with stones by the bulkhead near the Town Landing next to Goose Hummock.

MOTION:  A motion to approve this Administrative Review was made by Bill Parish and seconded by Bob Royce.

VOTE:  Unanimous.     

CHAIRMAN’S BUSINESS
Approval of the Minutes from the Hearing/Work Meeting on March 3, 2009.

MOTION:  A motion to approve the Minutes from the Hearing/Work Meeting on March 3, 2009 was made by Bob Royce and seconded by Adrienne Pfluger.

VOTE:  5-0-2 Approved (Arnold Henson and George Christie abstained).   

The Site Visit was discussed by the Commissioners.

The Meeting was adjourned at 9:00 a.m.

Respectfully submitted,

Leslie Derrick, Conservation Commission Secretary



Approved                                                        Dated