Orleans Conservation Commission
Town Hall, Nauset Room
Hearing, Tuesday, March 17, 2009
PRESENT: Adrienne Pfluger, Bob Royce, Arnold Henson, Chairman; (Members), Steve Phillips, James Trainor, and Jamie Balliett, (Associate Members).
ABSENT: Bill Parish, Vice-Chairman, Judith Bruce, George Christie, Harry Herrick, (Members); and Jennifer Wood, Conservation Administrator.
The Meeting opened at 8:30 a.m.
REQUEST FOR DETERMINATION
Town of Orleans/Harbormaster, Rock Harbor Landing, Bay View Drive. Assessor’s Map 16, Parcel 38, Proposed planting of 5000 square feet of beach grass, & Rosa rugosa (approximately 75-100 plants); & temporary installation of fencing to protect planted area. Work will occur within 100’ of the mouth of a River, a Salt Marsh, a Beach, & within Land Subject to Coastal Storm Flowage, a Dune, & the Cape Cod Bay ACEC. A letter from the Applicant requesting this project be withdrawn without prejudice was presented to the Commissioners. The Commission agreed to the withdrawal.
NOTICE OF INTENT
David Olson & Lauren Hiestand, 15 Orissa Drive by East Cape Engineering, Inc., The proposed installation of Title 5 septic components (force main & 1000 gallon pump chamber). Work will occur within 100’ of a Coastal Bank & a Bordering Vegetated Wetland, & within the Pleasant Bay ACEC. Katelyn Siddell, from East Cape Engineering, said this project was before the Commission and approved in 2004 for the replacement of a failed septic system. Ms. Siddell said the Applicants did not move forward with this project and the Order of Conditions expired. The proposal now is to install a leaching field outside of the buffer zone and the ACEC. They will be installing a pump chamber, but the existing septic tank will remain. The existing leach pit will be filled with sand. Ms. Siddell said
they have widened the limit of work to encompass the leach pit that will be filled. This is a 3-bedroom dwelling to remain 3 bedrooms. Arnold Henson asked if the size of the system was sufficient for 3 bedrooms? Ms. Siddell said yes and they are working toward receiving a variance from the Board of Health for the system to be installed on Lot 2. She said she does not know if there are additional construction plans for Lot 2. If they did build a dwelling, the house would have to have its own system, but there is no room for a second system. Steve Phillips asked if Lot 2 and 3 were under the same Ownership? Ms. Siddell said yes. Mr. Phillips confirmed that the existing dwelling does encroach into the road layout? Ms. Siddell said yes, the house is within the layout of the road and she is not sure how that happened. It is a Private road, and the Applicants own to the middle of it. Robert Heath, an Abutter, asked how the machinery
was going to access the lot? Ms. Siddell said around the dwelling on the southern side of the property. The topography on the northern side is too steep for access from that direction. Arnold Henson said a Planting Plan will be needed to restore the
access way after the construction has been completed. Ms. Siddell asked if a Conservation Seed Mix would be acceptable? Mr. Henson said that will be decided after construction with approval from the Conservation Administrator. The Order will be conditioned for a Planting Plan. Ms. Siddell said smaller trees will be coming down and these will be replaced as shown on the Planting Plan that she will submit later. Steve Phillips asked if the shed was being relocated? Ms. Siddell said if the reserve area needs to be used, then the shed will be relocated, but for now the shed will remain in its present location. They will return to the Commission for the shed’s new location.
MOTION: A motion to approve this project conditioned on the submission of a Planting Plan to be approved by the Conservation Administrator was made by Bob Royce and seconded by Adrienne Pfluger.
VOTE: Unanimous.
CONTINUATION
Preston & Birgitta Hay (GC1,JB1), 289 South Orleans Road by Ryder & Wilcox, Inc. The Order is proposed to be amended for the driveway grade to remain raised which resulted when the house was relocated to the rear of the property, & to move a shed 47’ from an Isolated Wetland (instead of 51’). Work will occur within 100’ of two freshwater wetlands and within the Pleasant Bay ACEC. A letter from Ryder & Wilcox requesting a Continuance to the Meeting on April 7, 2009 was read to the Commissioners.
MOTION: A motion to continue this Hearing to the Meeting on April 7, 2009 was made by Bob Royce and seconded by Adrienne Pfluger.
VOTE: Unanimous.
CERTIFICATES OF COMPLIANCE
Arnold Henson (1990), 52 Weston Taylor’s Lane. This Certificate of Compliance request is for an Order for an existing dock. 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 Adrienne Pfluger and seconded by Bob Royce.
VOTE: 5-0-0 Approved (Arnold Henson recused himself).
Arnold Henson (1994), 52 Weston Taylor’s Lane. This Certificate of Compliance request is for an Order for an addition to an existing dwelling and for an addition to an existing shed. The additions are built as shown on the Site Plan.
MOTION: A motion to release this Certificate of Compliance was made by Adrienne Pfluger and seconded by Bob Royce.
VOTE: 5-0-0 Approved (Arnold Henson recused himself).
Pleasant Bay Narrows Trust (2009), 111 Davis Road and Bart’s Way. This Certificate of Compliance request is for an Order to put in underground utilities. Work has been completed. The Special Condition that a complete delineation of the area would be necessary for more work north of, and including part of Bart’s Way, will remain on the Certificate of Compliance.
MOTION: A motion to release this Certificate of Compliance was made by Adrienne Pfluger and seconded by Bob Royce.
VOTE: Unanimous.
Pleasant Bay Narrows Trust (2005), 57 Davis Road. This is a Certificate of Compliance request for an Order to construct an addition and to remove a shed, a porch, a chimney, a portion of a deck, and to rebuild a stone wall. The work is built as shown on the Site Plan.
MOTION: A motion to release this Certificate of Compliance was made by Adrienne Pfluger and seconded by Bob Royce.
VOTE: Unanimous.
Pleasant Bay Narrows Trust (1994), 57 Davis Road. This Certificate of Compliance request is for an Order to install a septic system and a well. There is a Certificate of Compliance from the Health Department.
MOTION: A motion to release this Certificate of Compliance was made by Adrienne Pfluger and seconded by Bob Royce.
VOTE: Unanimous.
James Sangiovanni, Jr. (1983), 162 Route 6A. This Certificate of Compliance request is for a building and parking lot. The building and parking lot are closer to the wetland than the original Order. This was addressed with a new Order in 2003 (please see below).
MOTION: A motion to release this Certificate of Compliance was made by Jamie Balliett and seconded by Adrienne Pfluger.
VOTE: Unanimous.
James Sangiovanni, Jr. (2003), 162 Route 6A. This Certificate of Compliance request is for a new drainage system in the parking lot and the relocation of a shed outside of the 50’ buffer. Also included is a request to release the Bond for vegetation work (please see below).
MOTION: A motion to release this Certificate of Compliance was made by Jamie Balliett and seconded by Adrienne Pfluger.
VOTE: Unanimous.
REQUEST TO RELEASE BOND
James Sangiovanni, Jr. (2003), 162 Route 6A. This is a request to release the Bond for $1000.00 for vegetation work on this property. This site is now heavily vegetated.
MOTION: A motion to release the Performance Bond for the above-referenced property was made by Jamie Balliett and seconded by Adrienne Pfluger.
VOTE: Unanimous.
ADMINISTRATIVE REVIEWS
John Kelsey, 30 Jack Knife Point Road. This is a request to remove 2 dead cedars and 1 dead pitch pine; to replace the existing deck and bench on the boathouse; and to replace the shingles, door, and windows on the south-facing elevation of the boathouse. There are several trees within the location of the proposed tree removal and there will be no expansion to the footprint of the boathouse with this work.
MOTION: A motion to approve this Administrative Review was made by Adrienne Pfluger and seconded by Bob Royce.
VOTE: Unanimous.
Judith Bruce, 26 Towhee Lane. This is a request for a second-floor window replacement; 2 double-hung windows on the west side of the dwelling will be replaced and 1 double-hung window on the north side of the building will be replaced with a bay window. There are no dormers, no change to the roof line, and no change to the footprint of the existing dwelling.
MOTION: A motion to approve this Administrative Review was made by Adrienne Pfluger and seconded by Bob Royce.
VOTE: Unanimous.
REQUEST FOR PAYMENT FROM THE CONSERVATION FUND
We have had a request for payment out of the Conservation Fund to support an update of the orthophotography data in the Town’s GIS. The data is valuable for interpreting land use and confirming when alterations have occurred. The proposal from Sewall will take the photographs at a resolution of 1-foot per pixel which is less detailed than the 2003 photographs but of a greater detail than the 2005 photos. If the flight is coordinated with Chatham it results in a more than $3,500 savings for a total cost of $5,800. The Parks and Beaches Department
has committed $2,000, MIS can contribute $1,000. The request for payment from the Conservation Fund is for $2,800.00.
MOTION: A motion to approve the release of $2,800 from the Conservation Fund was made by Bob Royce and seconded by Adrienne Pfluger.
VOTE: Unanimous.
CHAIRMAN’S BUSINESS
Approval of the Minutes from the Work Meeting on March 10, 2009.
MOTION: A motion to approve the Minutes from the Work Meeting on March 10, 2009 was made by Adrienne Pfluger and seconded by Bob Royce.
VOTE: Unanimous.
The Meeting was adjourned at 8:50 a.m.
Respectfully submitted,
Leslie Derrick, Conservation Commission Secretary
Approved Dated
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