Orleans Conservation Commission
Town Hall, Nauset Room
Work Meeting, Tuesday, March 24, 2009
PRESENT: Adrienne Pfluger, Bill Parish, Vice-Chairman; Arnold Henson, Chairman; Judith Bruce, Harry Herrick, (Members); Steve Phillips, James Trainor, Jamie Balliett, (Associate Members); and Jennifer Wood, Conservation Administrator.
ABSENT: Bob Royce, (Member).
The Meeting opened at 8:30 a.m.
CONTINUATION
Joseph & Cheryl Doyle (JT1,AP1,HH1), 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, and Joseph and Cheryl Doyle, the Applicants, were present. Mr. Lyttle passed out new Site Plans showing a reduction in the size of the deck to 8’-wide and an additional stairway off the existing deck to eliminate the path around it. There is a straight path shown from the new deck over the fiber rolls. The planted area will be protected with a post-and-rope fence
in front of the decks. They propose to plant between the fiber rolls and the deck with beach grass, switch grass, beach pea, and goldenrod. Steve Phillips asked if they could use the existing access path on the west side of the dwelling instead of cutting through the new plantings? Mr. Lyttle said people will take the shortest route to the beach. Arnold Henson said the shortest route could be blocked off with fencing. Judith Bruce said a previous Owner of this property filed for a 4’-wide continuous deck and the Commission denied the request. At that time, the area in back of the house was well vegetated. Judith Bruce said she is okay with the 8’-wide deck but wants the access path straight through the new plantings eliminated. Judith Bruce said the deck should be raised and a permanent structure. Jenny Wood said this project is expanding the footprint within a resource area, and there is not enough remediation for
the adverse impact. George Christie asked when the area would be planted according to the Planting Plan? Mr. Lyttle said as soon as possible. Mr. Christie said there needs to be a time limit set for the planting and a more detailed Planting Plan with maintenance included. Russell Holden, from Ryder & Wilcox, took over this presentation from Mr. Lyttle, who had to leave the Meeting. James Trainor said this deck should be permanent. Arnold Henson said to enhance the planting area and eliminate the walkway. The bank should be permanently protected. Steve Phillips asked if the fiber rolls should be continued to the west? Mr. Holden said the bank becomes less steep. Jamie Balliett said in that area there are existing stable grasses. Jenny Wood said the Order can be conditioned that the square footage of the new deck cannot be used for any future expansion. Arnold Henson said the new deck could be built at the same level as the
decks on either end. Mrs. Doyle said they have trouble with trespassers and asked if they could have a post-and-rope fence below the area of the fiber rolls also? They would also like to plant below the fiber rolls. The new area of planting must be shown on the Site Plan. Arnold
Henson and George Christie said the plantings should be enhanced with shrubs and will need to be maintained. Jenny Wood clarified that a better Planting Plan is needed, with shrubs, a Maintenance Plan and a timeline, a fence will be installed from the fiber rolls up to the decks to surround the plantings, and the access path will be from the left and not go through the new planting area. She then asked for the Commission’s opinion on the size of the new deck. The majority of the Commissioners were in favor of an 8’-wide deck. Arnold Henson said the deck will be of permeable decking material so that sunshine can reach the plants installed underneath. The $500 fine for the unauthorized work has not been paid. Jamie Balliett said a railing will be needed on the deck.
MOTION: A motion to continue this Hearing to the Meeting on April 14, 2009 was made by George Christie and seconded by Judith Bruce.
VOTE: Unanimous.
CHAIRMAN’S BUSINESS
Approval of the Minutes from the Hearing/Work Meeting on March 17, 2009.
MOTION: A motion to approve the Minutes from the Hearing/Work Meeting on March 17, 2009 was made by Adrienne Pluger and seconded by Harry Herrick.
VOTE: 4-0-3 Approved (Judith Bruce, George Christie, and Bill Parish abstained).
ADMINISTRATIVE REVIEW
Jay Whitesides, 69 Rock Harbor Road. This is a request to build a roof over an existing deck that is 400’ away from the salt marsh but within 75’ of the top of a coastal bank because of Land Subject to Coastal Storm Flowage. The marsh is not visible from the site. The deck is not proposed to be screened or glassed in. We have an As-Built Plan of when the deck was expanded in 2003 without filing with the Commission by a previous Owner. Mr. Ohnemus, the Builder, was present.
MOTION: A motion to approve this Administrative Review was made by George Christie and seconded by Bill Parish.
VOTE: Unanimous.
DISCUSSION
Dushy Mahendran (2005), 40 Orie Lane. A Certificate of Compliance was requested on June 10, 2008 and was refused because there were many changes to the Site Plan that had not been approved by the Commission, some of which were not on the As-Built Site Plan, and because the coastal bank had no vegetation. There was no Planting Plan. The project differed from the Site Plan with a considerable increase in graveled area by the drive. The gravel now extends to the retaining wall by the entranceway, up to the side of the dwelling to the west, and even behind the dwelling. The entranceway stairs have been
moved to the east. The walkway proposed along the eastern side of the dwelling has not been built and a new walkway has been built from the remodeled section to the south. There is an outside spiral stairway to the east that is now shown on an As-Built Plan. There are several small retaining walls that are now shown on the As-Built Plan, and a large retaining wall was built to the north. Also to the north are air-conditioning units and a gas tank. An outside shower with a roof has been attached to the garage to the north. There is a stairway to the north that is now shown on the As-Built Plan. A fir tree has died on the bank and has been replaced. Russell Holden, from Ryder & Wilcox, has submitted a list of changes for review and possible acceptance. The coastal bank has now been planted with native shrubs.
Dushy Mahendran, the Applicant, was present. Jenny Wood said she does not have a problem with the proposed changes, except for the tremendous amount of gravel at this location. Mr. Holden said the gravel was there on the site, but it was buried. Arnold Henson said there is too much gravel on this site. George Christie said there is a rental advertisement for this property stating there is room for 18 people yet the Commissioners approved this project as a 4-bedroom house. Mr. Christie asked if all the gravel was to park all those cars? Arnold Henson asked if this was a seasonal rooming house? Ms. Mahendran said there are less than 2 people per day at this location and most of the time no one is there. She said she would put the grass back in the small section in the front. Jenny Wood said all the gravel behind the house should be removed and the driveway should be shown as it was on the original approved Site Plan. Ms.
Mahendran said they need to make small alterations for a better turn-out and to keep existing trees. She said this was not new gravel, but it was not shown on the original Site Plan because it was buried. Ms. Mahendran said she has not put any new gravel down, except in the places where the shed was removed, and in front where the concrete patio was removed. She offered to add grass. She agreed to bring the driveway on the north side of the lot to the original size and location. Jenny Wood said if the extent of the gravel was shown at the time of the Order it would have been addressed then. George Christie asked about the unapproved retaining walls, Item #7? Mr. Holden said during the construction process, a walkway was removed and the 2 retaining walls were built to deter erosion. Steve Phillips said he will make a Site Visit. Arnold Henson said to address the rooming house issue by changing the advertisement to read it is 4 bedrooms
only. Ms. Mahendran said she would change the rental ad. Jenny Wood said the plants on the coastal bank look healthy. There is a good mix of shrubs. The plants need to grow more to support the bank. They may need more herbaceous plants. The plants need to survive for 3 years before a Certificate of Compliance will be released. Ms. Mahendran said the plants went in last August, 2008. They waited because they were attempting to remove the invasive species. Jamie Balliett asked what will replace the area when the gravel is removed? A Planting Plan will need to be submitted. This Certificate of Compliance will remain on hold.
ADMINISTRATIVE REVIEWS (CONTINUED)
Molly Jenks, 25 Kenneth Lane. This planting of native species is part of mitigation work required under Order SE 54-1765 which was issued in 2005. This work will be done by Lindsay Strode.
MOTION: A motion to approve this Administrative Review was made by George Christie and seconded by Bill Parish.
VOTE: Unanimous.
Nancy and Jamie Balliett, 86 Great Oak Road. This is a request to replace shingles and trim on a small building 70’ from a small wetland that is likely to be a vernal pool.
MOTION: A motion to approve this Administrative Review was made by Bill Parish and seconded by Adrienne Pfluger.
VOTE: Unanimous.
Jay and Lisa Donegan, 43 Gosnold Road. This dwelling is being renovated on the inside. They are also proposing to build a deck outside the buffer and an addition on a crawl space, and a proposed covered entry just touching the 100’ buffer to the top of a coastal bank. A second covered entry is proposed over an existing brick step within 50-60’ of the top of the bank. A septic line is proposed from an addition on an existing shed to the main dwelling. There has been cutting without filing on the coastal bank but none of it is recent and the bank is stable. An addition within the 75’ buffer is shown on the Site Plan but is not part of this Administrative Review. A Request for Determination has been filed for this project (will come before the Commission at the Hearing on April 7, 2009).
Stephanie Sequin, from Ryder & Wilcox, said part of this work is outside 100’. For the proposed addition on the shed, the limit of work will be within 100’. There are 2 items proposed for within the buffer. One is a septic line from the new addition to the house, and the proposal to cover the entranceway over the stairs. The addition on the west side of the dwelling is barely within the 100’ buffer and is on the inland side of the existing building. The trenching for the sewer pipe from the shed to the dwelling is within 100’ but is an open, flat, lawn area where the existing building will act as a limit of work. Ms. Sequin said in the middle of the building over the front door, there is a brick step with a roof proposed over it and posts to support it. The posts will rest
on the existing step. There will be no excavation required. Jenny Wood said these 2 items should be incorporated into a Notice of Intent as the work is within 75’. Ms. Wood said the activity outside of the buffer could be approved if the Administrative Review was amended. Arnold Henson said all of this activity should be filed as a Notice of Intent. Steve Phillips asked if there was a path to the front door proposed? Ms. Sequin said there may be and she would show it on the Plan. Ms. Sequin agreed to amending the Administrative Review to include only the additions outside of 100’. The installation of the sewer pipe and the covered entranceway will be eliminated from the Administrative Review.
MOTION: A motion to approve this Administrative Review, as amended, was made by George Christie and seconded by Bill Parish.
VOTE: Unanimous.
Orleans Conservation Trust, (Kris Ramsay), Skaket Marsh. This is a proposal by the Orleans Conservation Trust to remove trash from Skaket Marsh.
MOTION: A motion to approve this Administrative Review was made by Judith Bruce and seconded by Bill Parish.
VOTE: Unanimous.
The Site Visits were discussed by the Commissioners.
The Meeting was adjourned at 9:53 a.m
Respectfully submitted,
Leslie Derrick, Conservation Commission Secretary
Approved Dated
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