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Orleans Conservation Commission
Town Hall, Nauset Room
Hearing, Tuesday, April 21, 2009
PRESENT: Adrienne Pfluger, Bob Royce, Bill Parish, Acting Chairman; Judith Bruce, George Christie, Harry Herrick, (Members); Steve Phillips, James Trainor, Jamie Balliett, (Associate Members); and Jennifer Wood, Conservation Administrator.
ABSENT: Arnold Henson, Chairman.
The Meeting opened at 8:30 a.m.
NOTICES OF INTENT
Mark Kritzman, 204 Barley Neck Road by Ryder & Wilcox, Inc. A proposed
3-Year Restoration Plan, to remove invasive plant species & to plant native species. Work will occur on & within 100’ of a Coastal Bank, within 100’ of a Salt Marsh & an Inland Wetland, & within Land Subject to Coastal Storm Flowage & the Pleasant Bay ACEC. Russell Holden, from Ryder & Wilcox, and Jay Pettit, from Uncommon Ground, were present. Mr. Pettit said the Applicant is proposing a more naturalized area, but still with recreational use, in the area between the dwelling and the water. The garden and lawn there now will be replaced with native grasses and sedge. Mr. Pettit said there is a large grove of cedars on the southeast end of the property along the street. He is proposing to take down 3 cedars, the bittersweet, and prune the deadwood. Bill Parish
asked if the cedar trees would be replaced? Mr. Pettit said yes, with wildlife-benefitting native shrubs, such as inkberry and winterberry. The existing front lawn will be
re-shaped and leveled. Some of the garden plants from the area between the house and the water will be relocated to the front yard. Mr. Pettit said the existing granite steps from the front yard will be replaced with a set of natural fieldstone steps. They are also proposing a new set of fieldstone steps into the marsh. The existing set of granite steps down in the marsh will be replaced with fieldstone steps. 2 walkways into the marsh are proposed. In the brushy area in the marsh, the invasive honeysuckle will be removed and replaced with grasses. The Baccharis has been badly pruned and they propose to prune so that the shrubs have a natural growth and to keep them around 6’-high. Judith Bruce said she would prefer that cedars replace the cedars being removed and for shrubs to replace
the honeysuckle, not grass. There should be no second access to the marsh, or any hardening into the marsh. Steve Phillips said there should be no hardscape within the marsh. The existing steps go to the bottom of the bank, and those could be replaced. Mr. Phillips asked if some of the plants are proposed for outside of the property lines? Mr. Pettit said no. He met with the Tree Warden on site and they both agreed to collaborate with bittersweet removal. Some of the cedars are on Town property. Steve Phillips asked about the area around the fire hydrant? Mr. Pettit said he will be adding shrubs to that area. The roses will remain, and he will plant within the bare spaces in this area. Mr. Phillips asked about the clearance needed around a fire hydrant? Mr. Pettit said he did not know. Jamie Balliett asked about the movement of soil and if machinery will be utilized? Mr. Pettit said they will be adding
fill in the front yard. The grade will be raised to the top of the existing granite stairs by 9”. There will be minimal use of small equipment to regrade. One section of fence could be removed to get the large granite steps out. James Trainor asked if the stairs on the water-side had been permitted? Jenny Wood said no. She said she was in favor of this Plan as they are taking out ornamentals and planting natives. She is in favor of cutting the Baccharis to look more natural. The honeysuckle should be replaced with shrubs. There should not be 2 paths to the beach. The existing steps are at a more gradual site and should remain where they are. There should be no patio blocks in the marsh. Ornamentals have some value, for example, the hollies could remain. The Plan could use more shrubs. The loose stones at the bottom of the bank should not be built into a wall. There is a wooden fence out into the
road right-of-way and a retaining wall behind the house. The features built without approval could be accepted on this new Site Plan and the Certificate of Compliance for the previous Order could then be released. Mr. Pettit said the Applicant wants to replace and extend the existing stone steps into the marsh. The Commission did not want any extension of steps or walkway into the marsh, or removal of any native marsh vegetation. The Conservation Administrator listed the changes to the Plan—naturalized pruning of the Baccharis to 6’ in height; invasive shrubs will be replaced with native shrubs; cedars will be replaced with cedars; and steps will be rebuilt in the same location with no extension. There is to be no hardscape in the marsh; there will be no walkway across the marsh; the loose rocks at the bottom of the bank will not be built into a retaining wall; and removal of the steps into the marsh may be requested if a walkway becomes
established. Steve Phillips asked that the outside shower be included on the Site Plan and Bob Royce requested the fire hydrant be added also.
MOTION: A motion to continue this Hearing to the Meeting on April 28, 2009 was made by George Christie and seconded by Judith Bruce.
VOTE: Unanimous.
Jeanne & Richard Berdik, 150 Quanset Road by Ponderosa Landscaping. Proposed invasive plant management & control; & the proposed repair & reconstruction of a support pier underneath an existing barn. Work will occur within 100’ of 2 Freshwater Wetlands. Jay Putnam, from Ponderosa Landscaping, was present. He said the proposal is to remove bittersweet, honeysuckle, and border privet. There are 2 additional items outside of the invasive plant removal areas. The first is to remove 3 locusts to the north and west of the existing barn and replace them with one Beech. The second is to replace a concrete pier using the existing footing on the southeast corner of the barn. A limit of work has been shown on the Site Plan and they will install a silt fence, not hay bales, prior to
working in that area. Mr. Putnam said the Invasive Management Plan consists of 4 parts. They want to begin with Area 1, the bank area south of the barn. Three fallen, dead locusts will be removed. No live trees will be removed, just non-native shrubs. Mr. Putnam said he wants to establish an herbaceous layer with a native seed mix, and he will submit a Planting Plan
with native shrubs after the invasive species removal. The fallen locusts extend into the swampy marsh area. These trees will be cut in sections and removed by hand. In Area 2, there are many invasive species and after these are removed and when an herbaceous layer is established, a Planting Plan will be submitted for this area. In Area 3, large pines have become overgrown with bittersweet. When the vines are removed, the pines could recover. Bill Parish asked if there will be any excavation for the new pier under the barn? Mr. Putnam said no, they will hand-dig a footing if a new one is required by the Building Department. George Christie asked if the work would begin in the fall? Mr. Putnam said yes, they will clip the vines in the fall to avoid disturbance during the nesting season. He
said this is a 3-Year Plan that could go on for 5 or 6 years. They would like to start with Areas 1 and 3, and they could ask for an Extension. Judith Bruce said the bank along the edge of Sarah’s Pond is very sensitive. There could be erosion into the Pond and she asked what will be planted? The edge of the water is heavily treed, and Ms. Bruce said this Plan needs some trees. Mr. Putnam agreed to add trees to his future Planting Plans. This project is not for establishing a view. Ms. Bruce said there are black-crowned night herons in this area that should not be disrupted. Mr. Putnam said the work will start this fall and will stop when the herons return to this area. No work will go forward on this project during nesting season. He said he would pre-seed the area prior to any work being done on the bank to control the erosion. They will be cutting and painting the invasive shrubbery, not extracting. Ms.
Bruce asked if all the Abutters around the Pond have been notified? Mr. Putnam said yes. Jenny Wood said there is no Certificate of Compliance for the previous Landscaping Plan. The meadow area is missing. The Certificate of Compliance could be released when this area grows in. Mr. Putnam said they have seeded that area with little bluestem and other native grasses. This Plan is ambitious, but this work is necessary. She did not think the work could be completed in the 3 years of the Order with a 1-Year Extension. They would have to re-file if they did not finish. Ms. Wood suggested they limit the Order to 2 areas. The planting of the American Beech is good. Fiber webbing may be required for steeper areas. Judith Bruce did not like fiber webbing because of turtles. Mr. Putnam said he would use a warm season native grass mix to stop erosion and plant the shrubs after that was established. Ms. Wood said she
needed more information on the Planting Plans, including the sizes and numbers of shrubs and trees. Mr. Putnam agreed to start with Area 1 and then go onto Area 3. He will submit a specific Planting Plan for each area after invasive species removal. Judith Bruce said some trees need to be installed. James Trainor said to deal with the bittersweet removal in all areas and the invasive shrubs later. The Commission agreed to the bittersweet removal in all areas, and to starting with Area 1. The work can begin in late summer, after nesting is over. The Order will be conditioned on submittal of Planting Plans for each area.
MOTION: A motion to approve this project, as conditioned above, was made by Judith Bruce and seconded by Harry Herrick.
VOTE: Unanimous.
Daniel Coursey, 17 Surf Path by Ryder & Wilcox, Inc. The “after-the-fact” construction of a deck attached to an existing dwelling; & proposed landscaping. Work will occur within 100’ of a Coastal Bank & Land Subject to Coastal Storm Flowage. Stephanie Sequin, from Ryder & Wilcox, Phil Cheney, the Landscaper, and Daniel Coursey, the Applicant, were present. Ms. Sequin said this location overlooks Nauset Beach and the house is within 50’ of the bank. Ms. Sequin said the Applicant is repairing the dwelling. Between the deck and the bank, they are proposing a naturalized area. Mr. Cheney said the existing path on the bank is not used by the Applicants and will be planted with bayberry, beach plum, and butterfly weed. The lawn area will be a Cape Cod mix.
Jamie Balliett asked if the deck was within the same footprint? Mr. Coursey said he bought the house in 1994. The deck footings were there, but the deck had been removed. There were sliders opening up to this area. He decided to repair the existing house instead of building a new one so he built the deck in its original location. He submitted a letter from an Abutter stating that there was a deck there originally. James Trainor asked if there was a stairway off the deck? Mr. Coursey said no. George Christie asked if there was a fence to either end of the property? Ms. Sequin said yes, a split-rail fence that prevents vehicular traffic. The vegetation on the east side of the deck goes underneath the deck. Judith Bruce asked if there was a path to the lower level of the house? Mr. Coursey said that is being eliminated.
MOTION: A motion to approve this project was made by Judith Bruce and seconded by Bob Royce.
VOTE: Unanimous.
John & Lisa Donegan, 43 Gosnold Road by Ryder & Wilcox, Inc. The proposed construction of additions & renovations to an existing dwelling; replacement of a deck; & the installation of a sewer line between a shed & the existing dwelling. Work will occur within 100’ of a Coastal Bank & within the Pleasant Bay ACEC. Stephanie Sequin, from Ryder & Wilcox, said the
2-bedroom main house runs parallel to the top of the bank. There is a covered breezeway, with a roof, on a concrete slab, that connects the main house to the guest house that is also a 2-bedroom dwelling. They are proposing a master bedroom addition to the guest house. They will pour a new crawl space foundation for the breezeway expansion. There will be pipes in the crawl space. They are proposing to roof over a set of brick steps on the driveway side of the main house. The posts will rest on the existing steps and there will be no excavation. They are currently removing and replacing windows with different shapes. In the main section, the living room, they are taking out a window and replacing it with a larger window. For the dining room, the shed roof is being converted to a dormer to match the roof
line of the living room. Ms. Sequin said there will be no increase in footprint or floor area. They are proposing to replace the water-side deck in the same footprint. The sewer pipe from the shed next to the tennis court will be extended to the dwelling. George Christie asked for the square footage increase? Ms. Sequin said it is an 11½% increase. Judith Bruce
asked if the guest house was going from 2 bedrooms to 3? Ms. Sequin said yes. The dwellings will be connected, but they are considered 2 separate dwellings. Steve Phillips asked that the brick walkway be shown on the Site Plan. George Christie said there is no additional floor area proposed, and there has been no mitigation offered. Judith Bruce said she is concerned with the lopped-off cedars. The Order will be conditioned on no cutting at this location without approval. Ms. Bruce asked if the existing shed is considered a bedroom? Ms. Sequin said no, the shed has just a sink and a toilet, and is considered a clubhouse for the tennis court.
MOTION: A motion to approve this project, conditioned on the receipt of a new Site Plan showing the walkway from the driveway to the dwelling, and a Variance request, was made by Judith Bruce and seconded by Harry Herrick.
VOTE: Unanimous.
AMENDED ORDER
Sheep’s Pasture Point, LLC/Max Makowsky, 3 Sheep’s Pasture Point by Ryder & Wilcox, Inc. The Order is proposed to be amended to reconfigure the driveway & install drainage. Work will occur within 100’ of a Coastal Bank, a Salt Marsh, & Land Subject to Coastal Storm Flowage. David Lyttle, from Ryder & Wilcox, and Max Makowsky, the Applicant, were present. Mr. Lyttle said after the Builders had started construction, they noticed run-off from the driveway was going into the basement of this dwelling. They are now proposing to remove all the paved driveway and regrade the driveway so the run-off will be directed away from the house to a gravel drainage trench going to a leach pit in the southwest corner of this lot. The driveway will be repaved. Mr. Lyttle said
they are proposing to remove 5 large cedars at the west of the house to maintain the required 10’ of separation from the drainage pipe, leach pit, and septic system. Mr. Lyttle said the original Planting Plan has not been amended, but additional plants have been added in an area that was not previously addressed. Judith Bruce asked if the cedars on the property line are going to be replaced after the work has been completed? She asked if the leach pit could be moved to spare the cedars? Mr. Lyttle said they have to stay 10’ from the septic tank. Jamie Balliett said since they are ripping up the driveway, could they install the drainage within the footprint of the driveway. Mr. Lyttle said the leach pit and the drainage trench are within the driveway. Steve Phillips asked if the location of the leach pit could be adjusted to save the trees? Mr. Lyttle said they could try to save as many cedars as possible and he offered
replanting on the west side of the drainage pipe. Mr. Lyttle said he has showed the addition of 2 air-conditioning units and a propane tank on the Site Plan. There will be downspouts connected to dry wells that will be directed to the new leach pit. Jenny Wood asked how the drainage would function if the area was higher than the driveway? Mr. Lyttle said they are re-grading the whole area and it will be lower. He thought the area would be stable without a retaining wall. They will stabilize and plant the area immediately. The septic tank was recently inspected, and passed.
MOTION: A motion to approve the Amendment to this Order was made by George Christie and seconded by Bob Royce.
VOTE: Unanimous.
CONTINUATION
Joseph & Cheryl Doyle (JT1,AP2,HH1,BR1,SP1), 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. Dave Lyttle, from Ryder & Wilcox, said they have reduced the size of deck per the Commission’s request and added the installation of Rosa rugosa into the area between the deck and the fiber rolls. The plants will be 1 gallon pots, on 3 to 5’ centers, with a fenced area to the corner where the steps meet the deck to protect the plants. The Order will be conditioned that the deck cannot become part of the existing
footprint of the house to prevent further expansion in this sensitive area. George Christie said the work should not commence at this site until the fine has been paid.
MOTION: A motion to approve this project with the Site Plan dated January 30, 2009, Revised April 14, 2009, was made by George Christie and seconded by Bob Royce.
VOTE: 5-1-1 Approved (George Christie voted “Nay” and Adrienne Pfluger abstained).
CERTIFICATES OF COMPLIANCE
John Finan (1983), 38 Captain Linnell Road. This is a Certificate of Compliance request for a single-family dwelling built between two wetlands that is similar to the approved Site Plan. An up-to-date As-Built Plan showing the Existing Conditions at this location has been submitted.
MOTION: A motion to release this Certificate of Compliance was made by Judith Bruce and seconded by Adrienne Pfluger.
VOTE: Unanimous.
John Finan (1989), 38 Captain Linnell Road. This is a Certificate of Compliance request for a garage that was built near a freshwater wetland and is similar to the approved Plan. An up-to-date As-Built Plan showing the Existing Conditions at this location has been submitted.
MOTION: A motion to release this Certificate of Compliance was made by Judith Bruce and seconded by Bob Royce.
VOTE: Unanimous.
(George Christie left the Meeting at this time, 10:45 a.m.)
ADMINISTRATIVE REVIEWS
Ted Pino, 193 Skaket Beach Road. This is a request to erect a 20’x 30’ tent for a wedding rehearsal dinner on the beach. The tent will not be over any vegetation. It will be staked down in the corners with rebar, and the tent is below the tide line.
MOTION: A motion to approve this Administrative Review was made by Judith Bruce and seconded by Bob Royce.
VOTE: Unanimous.
James Mackey, 3 Lockwood Lane. The Commission made a Site Visit on April 14, 2009 to better understand this request to remove 7 more trees, all black locusts. All of these trees are between the house and Paw Wah Pond. Only 3 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 I am unsure of their size. The Planting Plan could not be verified with a Landscaper. Bill Parish said only 3 trees were close enough to the dwelling to fall on it and the other trees are leaning away from the house. Judith Bruce said this is a view-cutting and the trees should be replaced with native cedars at the location they are being removed from. James Trainor said it was 60’ from the trees to the house, therefore the house was not in danger from these trees. The Commission considered this tree-cutting a view-cutting and more trees are needed for replacement, as well as a better Plan for the herbaceous layer. This Administrative Review will be placed
on hold.
Town of Orleans (Harvey Gross),Town Landing Briar Springs Road. This work will be done by Wilkinson Ecological Design to remove invasive species from the Town Landing, to replant with a native warm season grass mix, and use erosion control blankets where needed. In the fall, beach plums and Virginia roses will be planted.
MOTION: A motion to approve this Administrative Review was made by Judith Bruce and seconded by Bob Royce.
VOTE: Unanimous.
Judith Bruce, 22, 24, & 26 Towhee Lane. This is a request to remove 3 dead hazardous pine trees that could come down in a public area just within the 100’ buffers to Shoal and Deep Ponds. A serviceberry will be planted to replace one tree. There are many other trees in this area.
MOTION: A motion to approve this Administrative Review was made by Bob Royce and seconded by Harry Herrick.
VOTE: 6-0-1 Approved (Judith Bruce abstained).
Bob Graham, 100 Captain LInnell Road. This request is to remove 1 dead pine tree from the buffer to the marsh. The work will be done by A to Z Treez.
MOTION: A motion to approve this Administrative Review was made by Judith Bruce and seconded by Adrienne Pfluger.
VOTE: Unanimous.
CHAIRMAN’S BUSINESS
Approval of the Minutes from the Work Meeting on April 14, 2009.
MOTION: A motion to approve the Minutes from the Work Meeting on April 14, 2009 was made by Judith Bruce and seconded by Bob Royce.
VOTE: 5-0-2 Approved (Adrienne Pfluger and Steve Phillips abstained).
The Meeting was adjourned at 10:55 a.m.
Respectfully submitted,
Leslie Derrick, Conservation Commission Secretary
Approved Dated
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