Orleans Conservation Commission
Town Hall, Nauset Room
Hearing, Tuesday, April 7, 2009
PRESENT: Bob Royce, Bill Parish, Vice-Chairman; Arnold Henson, Chairman; Judith Bruce, George Christie, Harry Herrick, (Members); Steve Phillips, James Trainor, Jamie Balliett, (Associate Members); and Jennifer Wood, Conservation Administrator.
ABSENT: Adrienne Pfluger, (Member).
The Meeting opened at 8:30 a.m.
REQUEST FOR DETERMINATION
John & Lisa Donegan, 43 Gosnold Road by Ryder & Wilcox, Inc. The proposed construction of additions to an existing dwelling & shed; & the installation of a sewer line between the shed & the dwelling. Work will occur within 100’ of a Coastal Bank. Stephanie Sequin, from Ryder & Wilcox, said this is a request for the construction of an addition between the main house and the guest house by removing the existing breezeway and building an enclosed addition on a crawl space. This proposed addition would extend 5½’ beyond the existing wall of the breezeway. Included with this proposal is a roof over the existing brick front step. This will require no excavation as it will be constructed on posts resting on the steps. Ms. Sequin said the Plan includes installation of a
sewer pipe from a shed to the existing plumbing in the basement of the dwelling. Ms. Sequin said this work is proposed for the upland side of the existing house, and the house would act as the work limit. Ms. Sequin said the existing coverage is 2,972 square feet and the proposed, including additions outside of the buffer, shows an increase of 318 square feet, or 11%. George Christie said the addition is proposed within 75’ and a Notice of Intent is required.
MOTION: A motion to approve a Positive Determination was made by George Christie and seconded by Bill Parish.
VOTE: Unanimous. The Applicant must file a Notice of Intent.
NOTICES OF INTENT
James & Carol Studley, 64 Tides End Lane by Ryder & Wilcox, Inc. The proposed installation of gabion toe protection to stabilize the toe of an eroding coastal bank. Work will occur within 100’ of a Salt Marsh, & on a Coastal Bank, Coastal Beach, & Land Subject to Coastal Storm Flowage. David Lyttle, from Ryder & Wilcox said he provided an extra Site Plan from 1999 that shows both tops of banks. He said the lower top of bank comes in front of the porch and the second top of bank comes to where the flood zone meets this property landward of the dwelling. Mr. Lyttle said they are proposing to stabilize the lower coastal bank that is subject to high tides. Arnold Henson asked if there was any wave action? Mr. Lyttle said very little, but the bank is eroding and the
locust trees have exposed roots. The height of the gabion structure will be 3’, with 2’ exposed. They will dig a trench with a backhoe, and the remainder of the
proposed work will be done by hand. The area behind the gabions will be planted. Mr. Lyttle said there are 3 locust trees to be removed, but the large maples will remain. The gabions will be planted over in the future. George Christie asked if the gabions would begin at the walkway? Mr. Lyttle said yes. Mr. Christie said there is some wake action from boats, and asked if the gabion protection should be extended further to the east? Mr. Lyttle said that low area could become a salt marsh, and Mr. Studley just wants to protect the structure. Jenny Wood said if the building was built before 1978, they are allowed to have a revetment to protect it. Sand is usually placed over the revetment for nourishment, but in this case the bank is not providing a lot of sediment. Steve Phillips
asked if trees were going to be replaced if they are removed? Mr. Lyttle said he would replace the 3 locusts if the Commission asks for that, but they may have to be planted in a different location. Jenny Wood said a Planting Plan is required with the Special Conditions for Revetments. Mr. Lyttle said he could cover the top with loamy sand, and the plants will colonize. The gabions are made of wire baskets, 2’ x 1’ x 6”-deep, coated with vinyl. The baskets are filled in the driveway, and the work is done by hand. There will be 6 courses of baskets, with 3 buried, and 3 exposed. Jamie Balliett asked if the existing corner of the deck was threatened? Mr. Lyttle said that portion of the dwelling is on a concrete block pile foundation. Arnold Henson said this could be approved subject to receipt of a single Site Plan showing both tops of banks and the proposed work, and the receipt and approval of a Planting Plan.
MOTION: A motion to approve this project, subject to receipt of a single Site Plan showing both tops of banks and the proposed work, a Planting Plan, and Special Conditions for Revetments, was made by Bill Parish and seconded by Harry Herrick.
VOTE: Unanimous.
Stephen Ellis, 210 Rock Harbor Road by Ryder & Wilcox, Inc. The proposed installation of a new septic system to serve an existing dwelling, & the pumping & abandonment of an existing cesspool. Work will occur within 100’ of Vegetated Wetlands & Rock Harbor Creek. Stephanie Sequin, from Ryder & Wilcox, and Stephen Ellis, the Applicant, were present. Ms. Sequin said this is an existing 3- bedroom dwelling from 1790, with a single cesspool that needs upgrading. On the east side of this lot is Rock Harbor Creek, to the south a Bordering Vegetated Wetland which is connected by a drainage ditch to the wetland on the west. Ms. Sequin said this property is surrounded by wetlands, and the Cape Cod Bay ACEC also wraps around the lot. The tank and pump chamber are proposed within the
driveway between the house and the garage. The leaching field will be slightly mounded, 2” to 18”. A silt fence will be erected around the work limit, and the cesspool will be filled in. This work will be within an open yard area, and no trees will be removed. The site was selected to preserve a large tree. Variances are required from the Board of Health for the distances from the wetlands to the leaching field. Arnold Henson asked how the house was heated? Mr. Ellis said oil. Mr. Henson asked where the tank was located? Mr. Ellis said it is above-
ground at the back of the dwelling on a concrete slab. The tank is not double-lined. Mr. Henson said this is a critical area, and he is concerned with a possible leak from the oil tank. The Commission requested that the Order be conditioned on a new double-lined oil tank. Mr. Ellis agreed.
MOTION: A motion to approve this project conditioned on the installation of a new double-lined oil tank, was made by George Christie and seconded by Bill Parish.
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. David Lyttle, from Ryder & Wilcox, requested a Continuation.
MOTION: A motion to continue this Hearing to the Meeting on April 28, 2009 was made by Bob Royce and seconded by Judith Bruce.
VOTE: Unanimous.
ANNUAL REQUEST
Goose Hummock Marine, 13 Old County Road. This is an Annual Request for approval of Permitted Commercial Activities on the Dock. These activities remain the same as last year.
MOTION: A motion to approve the annual Permitted Commercial Activities at Goose Hummock Marine was made by Judith Bruce and seconded by Bill Parish.
VOTE: Unanimous.
CERTIFICATES OF COMPLIANCE
John and Mary Kelsey (1992), 30 Jack Knife Point Road. This Certificate of Compliance request is for an Order for an existing dock that was Amended to make the dock shorter with permanent pilings. 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 Bill Parish.
VOTE: Unanimous.
John and Mary Kelsey (1991), 30 Jack Knife Point Road. This Certificate of Compliance request is for an Order for additions and renovations to an
existing dwelling that is built as shown on the revised Site Plan.
MOTION: A motion to release this Certificate of Compliance was made by Bill Parish and seconded by George Christie.
VOTE: Unanimous.
David Manuel Jr. (Town of Orleans) (1992), 34 Anchor Drive. This Certificate of Compliance request is for work on the property owned by the Town that is seaward of this property, for construction of a gabion and sand revetment. They have provided a Monitoring Report with Profiles and photographs as requested in the Conditions on the Order. The site is well vegetated with beach grass and shrubs. There was no record of a Planting Plan in the file. A Condition that the Conservation Commission can require the Applicant to remove the revetment in the future if it causes erosion problems will remain on the Certificate of Compliance.
MOTION: A motion to release this Certificate of Compliance was made by Bill Parish and seconded by Judith Bruce.
VOTE: Unanimous.
David Manuel Jr. (Town of Orleans) (2000), 34 Anchor Drive. This Certificate of Compliance is for an Order to replace the snow fence that runs along the bottom of the revetment (see above) with a sand drift fence. Recent photographs of the fence have been submitted. The area is well vegetated.
MOTION: A motion to release this Certificate of Compliance was made by George Christie and seconded by Bill Parish.
VOTE: Unanimous.
ADMINISTRATIVE REVIEWS
Stephen Ellis, 210 Rock Harbor Road. This is a request to remove a large poplar that is leaning toward the shed. This tree is coming out of the ground.
MOTION: A motion to approve this Administrative Review was made by Bill Parish and seconded by Judith Bruce.
VOTE: Unanimous.
Sheldon and Mary Lou Brier, Tom’s Hollow Lane. This is a request to fill in numerous potholes on Tom’s Hollow Lane near the vernal pool. The work will be done by AMA Excavating. An Administrative Review was filed by Nick Mazzarese and heard on January 13, 2009, for proposed regular road maintenance--filling in potholes and re-grading the road. They were asked to file a Notice of Intent on that Administrative Review. Mr. Brier said this road has
been maintained since 1977, by filling holes and re-grading. Arnold Henson said the Commission is concerned with protecting the vernal pool by avoiding erosion. Jenny Wood said this road is in need of repair. The bend where the worst potholes are has shown some siltation into the pool. Will filling the holes cause more siltation? Ms. Wood read the Construction Protocol submitted by AMA Excavating stating they are going to use gravel for the potholes which is less likely to move than sand. Thomas Aylesworth, the Attorney representing the Kennedy’s, said historically the maintenance has included grading that was not controlled that caused run-off to enter the vernal pool. He requested a Notice of Intent as the potholes are right up next to the edge of the road near the vernal pool. He asked for
the exact location of this area to be shown on a Site Plan, the machinery to be specified, more information on the slope, and possible impacts from the work. Judith Bruce said re-grading is not part of this request. Steve Phillips requested a photographic record before the potholes are filled, then another set later to see if there is a problem in this location. Arnold Henson said a truck will be used with men following behind it with shovels. George Christie asked when the work will begin? Mr. Brier said as soon as possible.
MOTION: A motion to approve this Administrative Review with photographs showing the area before the work is done and after the work has been completed, was made by George Christie and seconded by Bill Parish.
VOTE: Unanimous.
Snow Point Property Owners Association Inc., Freeman Lane. This is a request to fill in low areas of in-ground steps composed of 27 ties with mulch. The Association also wants to build in-ground steps of 3 ties 4’-wide on paths to the shore on two other right-of- ways. The locations of the proposed stairs are not staked and there is no drawing of the stair proposal. George Christie said more information is needed for this request. Arnold Henson said they should make a Site Visit. This Administrative Review will be placed on hold.
Snow Point Property Owners Association Inc., Freeman Lane. This request is for roadside trimming up to 3 times a year. The Association also wants to mow twice a month 2 grass paths to the shore with occasional trimming of side growth. One of these paths is alongside the 27 tie steps to the beach and is used to drag boats etc. to the shore. Mowing was allowed here last year but it was not twice a month. At the end of this path and steps they would like to clear out an area 100’ x 100’ on the beach of debris and vegetation for the common landing. George Christie said vegetation should not be cleared from the beach. The paths are well-trimmed now. The Commissioners will make a Site Visit to this area and this Administrative Review will be placed on hold.
CHAIRMAN’S BUSINESS
Approval of the Minutes from the Work Meeting on March 24, 2009.
MOTION: A motion to approve the Minutes from the Work Meeting on March 24,
2009 was made by Bill Parish and seconded by Judith Bruce.
VOTE: 6-0-1 Approved (Bob Royce abstained).
The Meeting was adjourned at 9:20 a.m.
Respectfully submitted,
Leslie Derrick, Conservation Commission Secretary
Approved Dated
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