Orleans Conservation Commission
Town Hall, Nauset Room
Work Meeting, Tuesday, April 14, 2009
PRESENT: Bob Royce, Bill Parish, Vice-Chairman; Arnold Henson, Chairman; Judith Bruce, George Christie, Harry Herrick, (Members); James Trainor, Jamie Balliett, (Associate Members); and Jennifer Wood, Conservation Administrator.
ABSENT: Adrienne Pfluger, (Member); and Steve Phillips, (Associate Member).
The Meeting opened at 8:30 a.m.
DISCUSSION
Proposed Regulation Changes. David Lyttle, from Ryder & Wilcox, said he is concerned with the Regulation change for the Nauset Estuary and Cape Cod Bay ACEC, with the addition of 100’ from the 10’ contour. He said the public will not understand how their properties have been affected. Mr. Lyttle said the Board of Health gives time for Owners to plan ahead when the Regulations have been changed. Mr. Lyttle said he understands this Regulation is good for the Town, but is concerned with the significant, immediate impact when people do not realize the change. Judith Bruce said this was a good point, but the Commission is attempting to make the protection of all its estuaries more standardized. Arnold Henson said public awareness is a good point, but the Commission looks at each
project for net benefits and detriments. The Applicants need to show an overall benefit. James Trainor asked if this was a “taking”? Arnold Henson said it never has been before. The Commission grants variances, and asks for compensating improvements for construction within an ACEC. George Christie said no adverse impact can be achieved in some projects through planting mitigation.
MOTION: A motion to accept the proposed Regulation Changes with a Revision Date of April 14, 2009 was made by Bill Parish and seconded by Bob Royce.
VOTE: 6-1-0 Approved (James Trainor voted “nay”).
CONTINUATION
Joseph & Cheryl Doyle (JT1,AP2,HH1,BR1), 29 Priscilla Road by Ryder & Wilcox, Inc. The construction of a deck attached to an existing dwelling & the installation of fiber rolls on the edge of the beach. Work occurred and will occur 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 Doyle, the Applicant, were present. Mr. Lyttle passed out new Site Plans. Jenny Wood said this Plan should have come in last Thursday. The Plan shows an 8’-wide slightly elevated deck with a railing to confine activity to the deck. This Plan also shows an expansion of the 2 existing decks. Between the deck and the fiber rolls they have proposed planting beach
grass, switch grass and little bluestem, and goldenrod. They will install a post-and-rope fence outside the fiber rolls and around to the deck so that there will be no traffic on the dune area. Mr. Lyttle read the Variance request into the record. Jenny Wood
said shrubs, not grasses, were specified at the last Hearing. Arnold Henson said planting shrubs would concentrate the activity to the deck area. Judith Bruce said Rosa rugosa, not grasses, would be better for this site. Mr. Lyttle said he would talk to Seth Wilkinson of Wilkinson Ecological Design about appropriate sizes. The planted area was to be entirely fenced in. Now there is a fence along the beach and to the west only. With this Plan, an existing deck has been doubled in size, and the new deck extends all the way to the other deck. Judith Bruce said the deck is now shown a few feet from the top of the bank. Arnold Henson said the deck on the east is now shown right out to the edge of the bank. George Christie asked how many square feet is this new deck? Bill Parish said to
reduce the deck back to the original Site Plan. The entire deck across the front of the house is now shown as 8’-wide. James Trainor said the Commission did not approve extending the deck to the northeast or to the deck on the northwest. Arnold Henson asked if the decks were at the same height? Mr. Lyttle said no, you step down on the new deck. It is only 1½’-high. Mr. Henson said nothing will grow underneath the deck, and with this new Site Plan there is too large an increase in square footage. James Trainor asked if they could take the corner off the northeast side and angle the deck? Mr. Lyttle said he could cut back the corner 5’, to have it 7’ from the top of the bank. James Trainor said he needs more railing information, to try and keep people on the deck and channeled to one access on the west side. George Christie asked Mr. Doyle if he had paid the fine? Mr. Doyle said the fine is due at the end of May. The Commission said they may not approve this project until the
fine has been paid. Arnold Henson asked why expand the deck on the west side? Mr. Lyttle said the Applicants wanted a railing and to increase the size of this deck. Judith Bruce said to cut back the western deck to what it was and cut off the northeastern corner expansion.
MOTION: A motion to continue this Hearing to the Meeting on April 21, 2009 was made by Bill Parish and seconded by Bob Royce.
VOTE: Unanimous.
CERTIFICATE OF COMPLIANCE
Malcolm and Jill Carlisle (1998), 4 East Circle Drive. This is a Certificate of Compliance request for an addition and a deck expansion within 100’ of a ditch to a freshwater wetland. We have an As-Built Plan showing minor changes to the deck and the addition of a retaining wall, a patio, and a shed. All of this work is greater than 100’ to the wetland itself but within 100’ of the run-off ditch.
MOTION: A motion to release this Certificate of Compliance was made by George Christie and seconded by Bill Parish.
VOTE: Unanimous.
ADMINISTRATIVE REVIEWS
Alan and Susan Magary, 49 Aspinet Road. This is a request for the proposed digging of test holes within 100’ of a freshwater wetland.
MOTION: A motion to approve this Administrative Review was made by Bill Parish and seconded by Bob Royce.
VOTE: Unanimous.
James Mackey, 3 Lockwood Lane. This is a request to remove 7 more trees, all black locusts. All of these trees are between the house and Paw Wah Pond. Only 2 of them are near the house. In 2005, 12 locust trees were removed and small trees and shrubs were planted by Cape Organics. These plants are doing well. In 2006, 6 storm-damaged trees were removed. Mr. Mackey has included in his request a letter from an Arborist that these trees could reach the house in a major storm. I was unable to verify that with the Arborist. He has offered to replace these trees with 2 American Hollies, 1 redbud, 4 high bush blueberries, and a wildflower bed that is within 50’ of the top of a coastal bank. This wildflower bed includes at least 2 non-native species, maybe more, as the variety of asters was not listed, The only
possible native wildflowers were listed by the number of seeds which do not necessarily result in a plant. The trees and shrubs were listed by height, not the size of the root ball or pot, or by the trunk width for trees, so the Conservation Administrator was unsure of their sizes. The Planting Plan could not be verified with a Landscaper. The Commission determined a Site Visit was necessary to act on this Administrative Review.
Eric Dickie, 66 Davis Road. This is a request to remove vines from trees on the north side of Horse Pond. No trees or shrubs will be removed with this request.
MOTION: A motion to approve this Administrative Review was made by Judith Bruce and seconded by Bill Parish.
VOTE: Unanimous.
RELEASE OF BOND
National Bank of Kentucky, 13 Kingsbury Lane. The new Owners, Daniel and Andrea Schmieg, have deposited $20,000.00 so that the previous Owner’s bond can be released.
MOTION: A motion to release the Bond held by the previous Owner on this property was made by Bob Royce and seconded by Bill Parish.
VOTE: Unanimous.
PROPOSED PLANTING PLAN
Beth McCartney (2008), 135-137 Portanimicut Road. This Planting Plan is attached to the approval of the rebuilding of this cottage, including the addition of
a covered walkway partly within 50’ to two coastal banks. The last Plan the Conservation Administrator saw she asked for 5 changes: 1. To show the trees to the west, especially the big oak. There are a lot of trees here and they should be on the record. The oak provides major screening. 2. There should be a note on the Plan that any tree providing screening that dies will be replaced with a substantial native tree of the same growth habit. (A note has been put on this Plan that the pitch pines will be replaced as they die.) 3. No work should go forward outside this property boundary. (A note has been placed on the Plan. No mowing or cutting.) 4. The view corridor in front of the deck of the cottage is too large. A small view corridor could be maintained with keeping the shrubs low. The Conservation Administrator was not sure how
this large corridor would be maintained. 5. There is no plan for the removal of invasive species. Bittersweet is a problem here. It would end up just a tangle of bittersweet without a Plan for removal. David Lyttle, from Ryder & Wilcox, and Beth McCartney, the Applicant, were present. Ms. McCartney requested that she be allowed Cape Cod lawn instead of planting a meadow in the front of the rental property. She does not want to do any planting for the rental property. Judith Bruce said she recalled that what was planted for the last Order did not take and when the expansion was proposed at #137, the Commission addressed the entire property. Ms. McCartney said most of the bittersweet in on the abutting property. Judith Bruce said the existing trees should be shown on a Site Plan to provide continued screening. Mr. Lyttle said he would add the existing trees along the western edge of the property to the Site Plan. Arnold Henson asked
that a Note be added to the Site Plan stating that trees that come down would be replaced with a native substantial-sized tree with the same growth habit, with an approximate diameter of 2”. Ms. McCartney said she plans to keep the brush trimmed once a year to maintain the view. The Commission did not agree to all this brush-cutting in a large view corridor. The Planting Plan will have a Condition that no work can go forward on this site within coming before the Commission. The bittersweet must be removed. The Cape Cod lawn can be mowed only once a year. Arnold Henson said the understory of the pitch pines should be a “No-Mow” area. Most of the Commission was in favor of the lawn areas being mowed only once a year and the bittersweet must be removed. Mr. Lyttle said he would submit a new Site Plan.
CHAIRMAN’S BUSINESS
Approval of the Minutes from the Hearing/Work Meeting on April 7, 2009.
MOTION: A motion to approve the Minutes from the Hearing/Work Meeting on April 7, 2009 was made by George Christie and seconded by Bill Parish.
VOTE: Unanimous.
The Site Visits were discussed by the Commissioners.
The Meeting was adjourned at 9:45 a.m.
Respectfully submitted,
Leslie Derrick, Conservation Commission Secretary
Approved Dated
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