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Orleans Conservation Commission
Town Hall, Nauset Room
Hearing, Tuesday, May 5, 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.
NOTICES OF INTENT
William & Kim VonThaden, 19, 13, & 7 Vernon Road by Ryder & Wilcox, Inc. Proposed planting & land management, including a lawn & mowing a path; proposed construction of a shed, compost bins, steps, fieldstone retaining walls, & the fencing of a garden area. Work will occur within 100’ of an Inland Wetland. David Lyttle, from Ryder & Wilcox, Seth Wilkinson, Wilkinson Ecological Design, Phil Cheney, Landscape Designer, and Bill & Kim Von Thaden, the Applicants, were present. Mr. Lyttle said these lots on Vernon Road could be used as 2 building lots, but the Applicants are instead proposing to create a garden area, and keep most of the property naturalized. Mr. Wilkinson said they have been working on the old Tovrov meadow for about a year. They have removed the
bittersweet and multiflora rose and are seeding this meadow this spring. He has submitted a 3-Year Management Plan to restore the meadow and the wetland buffers. Mr. Cheney said they are proposing to remove a lot of the non-native maples next to the wetland because the maples have such heavy shade they eliminate the understory. Mr. Cheney said they will be maintaining the remaining trees and planting new native trees and shrubs. There will be a 5’-wide mowed path through the meadow. The garden extends into the 100’ buffer and a retaining wall will be built to avoid run-off. Arnold Henson asked how accurate the 100’ buffer line on the Site Plan was? Mr. Lyttle said the Conservation Administrator has questioned the flags and he has scheduled a Site Visit with the Administrator and Russell Holden. If the delineation needs to be changed, a revised Site Plan will be submitted. Arnold Henson said the
Commission’s jurisdiction covers 100’ from the wetland, and a portion of Parcel 98 and the majority of Parcel 99 are outside the Commission’s jurisdiction. Mr. Henson asked if those lots will be developed? Mr. Lyttle said the Applicants may do some clearing or have a driveway installed in the future. The Applicants have rights to access those lots from Vernon Road, a private road. Arnold Henson said the Commission will not take jurisdiction unless there is an impact to the resource areas. Jenny Wood asked about the Landscaping Plan? In one section they say they are mowing in August and another during the winter? She suggested a Condition that no mowing be done without approval beforehand from the Commission. Mr. Wilkinson said mowing in the summer is sometimes used as a management tool for controlling invasive species. When the Plan is completed they would expect to mow annually in late winter. He said he
would ask for approval first. Jenny Wood said there are a lot of Norway maples and asked what would be left when they are removed? There are also a lot of downed trees. She suggested a seed mix to improve the understory. Mr. Cheney said on his Plan, the meadow seeding would extend under the shad blow to the remaining Norway maples. Not all the maples are being removed. There will be a 20’ buffer of existing trees remaining next to the wetland. Judith Bruce asked if the Norway maples would spread? Mr. Wilkinson said mowing once a year will stop the maples from coming into the meadow. There are many maples on abutting properties. The Applicants may address the maples again at the end of this project. Jenny Wood asked if the English ivy on site would be removed? Mr. Wilkinson said yes. She also asked when this work would commence, as the birds are nesting in the area now. Mr. Wilkinson said he plans to
treat the invasive species in the late summer, after the nesting season. Jenny Wood said they are planting vinca at the edge of 100’, and she asked that the vinca be planted in an area that will remain confined, such as the driveway area. Arnold Henson asked about the ownership of Vernon Road? Mr. Lyttle said it is a private road so that the Abutters to the road own to the middle of it and it continues through to Seaview Drive. Arnold Henson asked if the Order could be conditioned for no development? Mr. Lyttle said no. Arnold Henson cautioned the abutters in the audience that the use of Vernon Road is not in the Commission’s jurisdiction, but is a civil issue. John Sinclair, an Abutter, said there are 3 other ways to get to these lots, 1 of which goes through his property. Mr. Sinclair said he approves of the Landscaping Site Plan and he asked how the equipment and materials would be brought to these lots? He wants the Applicants to use their
driveway for access instead of Seaview Drive and Vernon Road. Mr. Lyttle said the Applicants have the right to use this road. Kim Von Thaden said they may not use access from Vernon Road for this project, but they do not intend to give up any rights to use this road. Judith Bruce said anything outside of 100’ is not the Commission’s jurisdiction, unless there is a negative impact being made to the wetland. This road is outside 100’. Scott Flood, another Abutter, said he supports the Landscaping Plan, but asked if the large beech tree in the middle of Vernon Road would be saved?
MOTION: A motion to approve this project, conditioned on the receipt of a new Site Plan if the wetland delineation needs to be changed, no mowing without permission, and no work during nesting season, was made by Bill Parish and seconded by Judith Bruce.
VOTE: Unanimous.
Charles Silbert, 68 Keziah’s Lane by Ryder & Wilcox, Inc. The proposed upgrading of a septic system to serve an existing dwelling & guest house. Work will occur within 100’ of a Coastal Bank & within the Pleasant Bay ACEC. Stephanie Sequin, from Ryder & Wilcox, and Charles Silbert, the Applicant, were present. Ms. Sequin said there are 2 separate dwellings at this location that share a common septic system. Each dwelling has a 1000-gallon tank, both of which go to a single leach pit. This septic system was deemed adequate for the sale in 2008. The existing leaching pit is 45’ from the top of the bank. Ms.
Sequin said the Applicant decided to upgrade with a new system. The existing 2 tanks will remain and be connected to a new 1000-gallon tank and pump chamber. The new leaching area will be outside the 100’ buffer and the ACEC. The leaching field will be at a higher elevation, 6’ higher, which will increase the separation from the groundwater. Ms. Sequin said there is only one area outside the buffer for the leaching area. A shed will have to be removed to install it. With this septic upgrade, the Applicant can reconfigure some walls within the existing buildings to create additional bedrooms. There will be no exterior renovations, and no increased living space. George Christie asked how many bedrooms? Ms. Sequin said 3 in each building, for a total of 6. Now, there are 2 bedrooms in Building 1
and 1 bedroom in Building 2. Judith Bruce said since they are doubling the amount of bedrooms, have they considered installing a nitrogen-removing system? Ms. Sequin said this could be possible and they are going before the Board of Health for variances. Ms. Bruce said this would be an improvement and the Order will be subject to the Board of Health’s approval.
MOTION: A motion to approve this project subject to approval by the Board of Health, and consideration of a nitrogen-reducing system, was made by George Christie and seconded by Bill Parish.
VOTE: Unanimous.
DISCUSSIONS
Request by the Town Administrator to transfer $16,000 from the Wetlands Protection Fund to the General Fund for FY10. This Fund is comprised of our filing fees and generates $10,000+ a year. This is the Fund we use to pay legal fees and can be used for expenses of the Conservation Department. The current balance in this Account is $56,991.46 (after the transfer of $21,000 for FY09). Arnold Henson asked about considering $10,000? Mr. Kelly said he is looking to balance the deficit and he needs $16,000 minimum to close the gap. He said he would consider the amount of $10,000 for FY11. George Christie said the influx of fees has been dropping due to the economy. Mr. Kelly asked that the Conservation Department consider revising their fee schedule. Judith Bruce said the
Commission wants to encourage people to file and raising fees may deter that. Arnold Henson said he was concerned that they would need that money for legal fees. If they had legal fees that went over the amount in this Fund, they would be looking to the Town Administrator for more money. Mr. Kelly said they hadn’t had a lot of legal fees lately. He said he would come before the Commission before the budget process for FY11 commences.
MOTION: A motion to transfer $16,000 from the Wetlands Protection Fund to the General Fund for FY10 was made by George Christie and seconded by Judith Bruce.
VOTE: Unanimous.
Scott and Melissa Rockman, 3 Longstreet Lane. The Rockmans are potential buyers of this property and dwelling. They would like to take down the house and build a new one. This dwelling is in Land Subject to Coastal Storm Flowage, a resource area. Under our Regulations 196A-14 Buildings in Resource Areas A. an increase in the size of the building in a resource area including footprint, square footage, or cubic volume is presumed to have a significant adverse impact on the resource area. This is not a new Regulation. The new Regulation to extend the Cape Cod ACEC to 100’ from the 10’ contour is not relevant with this Application. It is already in a Resource Area. Stephanie Sequin, from Ryder & Wilcox, and Mr. and Mrs. Rockman, were present. Ms. Sequin said the existing building is 2-stories
with a deck on the upper level. The bedrooms are on the lower level and the kitchen and living room are on the upper level. Arnold Henson asked how can the footprint be expanded within the flood zone? Ms. Sequin said they could maintain the existing footprint including the deck, but enclose on and under the deck. Mr. Rockman asked if he could expand the house to 2400 square feet? He said the existing square footage of the dwelling is 1456 square feet, plus the enclosed porch that is 140 square feet, plus the unfinished attic. Arnold Henson said to expand, the overall Plan must enhance the wetland interests. Bill Parish said this is new construction and the Commission would not be in favor of expansion in Land Subject to Coastal Storm Flowage. Ms. Sequin asked if plantings could be considered as mitigation? Some of the yard to the south is open and flat and could be planted. Ms. Sequin said the septic is being upgraded for the sale of
the house and asked if that could be counted toward mitigation to allow for some expansion? George Christie said for the sale of this property, a septic upgrade is required—why would it be considered as mitigation? This is a 3 bedroom house to remain 3 bedrooms. George Christie said this is new construction within a resource area, and he asked if a nitrogen-reducing septic system could be considered? Ms. Sequin said she could add a nitrogen-reducing component. Arnold Henson said to consider coverage and volume and not to increase the intensity of use in this location. Judith Bruce said the existing deck should remain deck as it is pervious. As far as the living space, renovate what is there. Ms. Bruce said she thought the square footage of the attic could be used to enclose some of the deck and the rest could be offset by plantings and an innovative septic system. Below the deck should stay open and the foundation should
not be expanded. Ms. Sequin said now there is a poured foundation with a crawl space. She asked what if the foundation was constructed with break-away panels? Arnold Henson said the Building Code must be followed. George Christie said usually the Commission receives a list of what is existing and what is proposed, and there is not enough information to make any decision on this proposal. Leo Morrissey, the current Owner, said at no time has water ever come up to the edge of the grass. Jenny Wood said she has photographs of the property near this one totally underwater. Arnold Henson said the overall project must enhance the wetland values.
CERTIFICATE OF COMPLIANCE
Harry Hunt (Rowley) (2005), 138 Tonset Road. This is a Certificate of Compliance request for a Restoration Planting Plan. The area is well
vegetated. (Please see below for release of bond.)
MOTION: A motion to release this Certificate of Compliance was made by Bill Parish and seconded by Judith Bruce.
VOTE: Unanimous.
REQUEST FOR RELEASE OF BOND
Harry Hunt (2005), 138 Tonset Road. This is a request to release a bond for $10,000.
MOTION: A motion to release the Bond for this property was made by Bill Parish and seconded by Judith Bruce.
VOTE: Unanimous.
REVISED PLAN
Pat and Jim Robert, 207 Barley Neck Road. At the request of NSTAR, the Site Plan has been revised to show the underground utilities coming from a pole further to the north within the ACEC and the 50’ buffer. Stephanie Sequin, from Ryder & Wilcox, said the Abutter to this project has been notified about this revision to the Site Plan.
MOTION: A motion to accept this Revised Plan was made by George Christie and seconded by Bill Parish.
VOTE: Unanimous.
ADMINISTRATIVE REVIEW
Patrick Skayne, 210 Tonset Road. This is a request that includes: removal of multiflora rose, English ivy, poison ivy, fallen locust trees, old brush piles, debris, and stumps. The Applicant wants to plant areas with native grasses, groundcovers, other native plants, and a vegetable garden. There is no Site Plan for this property. The vegetable garden would be greater than 70’ from the wetland. Jenny Wood said the new Owner is interested in restoring this area.
MOTION: A motion to approve this Administrative Review was made by Bill Parish and seconded by Judith Bruce.
VOTE: Unanimous.
REQUEST FOR PAYMENT
Request for Payment from the Conservation Fund for the printing of the newly revised Wetland Regulations. The cost for the printing is $388.93 for 100 copies.
MOTION: A motion to approve the request for payment from the Conservation Fund was made by Judith Bruce and seconded by Bill Parish.
VOTE: Unanimous.
CHAIRMAN’S BUSINESS
Approval of the Minutes from the Work Meeting on April 28, 2009.
MOTION: A motion to approve the Minutes from the Work Meeting on April 28, 2009 was made by Judith Bruce and seconded by Bill Parish.
VOTE: Unanimous.
The Meeting was adjourned at 9:50 a.m.
Respectfully submitted,
Leslie Derrick, Conservation Commission Secretary
Approved Dated
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