Orleans Conservation Commission
Town Hall, Nauset Room
Hearing, Tuesday, May 19, 2009
PRESENT: Adrienne Pfluger, Bob Royce, Bill Parish, Vice-Chairman; Arnold Henson, Chairman; Judith Bruce, George Christie, Harry Herrick, (Members); Steve Phillips, James Trainor, and Jamie Balliett, (Associate Members).
ABSENT: Jennifer Wood, Conservation Administrator.
The Meeting opened at 8:30 a.m.
REQUEST FOR DETERMINATION
Malcolm & Jill Carlisle, 4 East Circle Drive by Ryder & Wilcox, Inc. The proposed construction of a deck & the removal & replacement of a rock wall. Work will occur within 100’ of a Ditch. Stephanie Sequin, from Ryder & Wilcox, said to the rear of this property is a bordering vegetated wetland adjacent to a pond. The existing dwelling is within 100’ of a ditch. This proposal is for additions to the east and south, outside of the buffer. The proposed new deck is within 100’ of the ditch. The existing rock wall to be reconstructed is 75’ from the ditch. Arnold Henson asked if nothing is proposed within 75’? Ms. Sequin said there are no new structures proposed within 75’ of the ditch. Judith Bruce said this work will have no
impact on the resource areas.
MOTION: A motion to approve a Negative Determination, with the Site Plan dated May 4, 2009, was made by George Christie and seconded by Bill Parish.
VOTE: Unanimous.
ADMINISTRATIVE REVIEW
Fishing Line Recovery and Recycling Program, Town Landings and Lakes. This is a request for the posting of Receptacles to place discarded fishing line in at the Town Landings and Lakes. Discarded fishing line is hazardous to wildlife and people. The Harbormaster is in favor of this project. Laura Slifka, from the Cape Cod Hook Fishermen and Friends of Pleasant Bay, said the receptacles are made of PVC pipe and are 2’-long. The Orleans Pond Coalition has donated funds for this project and the Harbormaster will recover the discarded line from the receptacles. They will be placed at Crystal Lake, Pilgrim Lake, and the Town Landings at the Yacht Club, Snow Shore, adjacent to Goose Hummock, and both ends of Nauset Beach.
MOTION: A motion to approve this Administrative Review was made by George Christie and seconded by Judith Bruce.
VOTE: Unanimous.
AMENDED ORDER
Carol McCullough, 63 Briar Spring Road by Ryder & Wilcox, Inc. The Order is proposed to be amended for the construction of a new dwelling onto an existing footprint. Work will occur within 100’ of a Salt Marsh, within Land Subject to Coastal Storm Flowage, & the Pleasant Bay ACEC. Stephanie Sequin, from Ryder & Wilcox, said the existing dwelling is within 50’ of the top of the bank and within the ACEC. In January of 2007, an Order was issued for a small addition to be built onto the dwelling to the north toward the road at the first floor level. The Order also included a second-story addition that would not increase the height but would create additional living space. Dug-in steps for the existing path to the marsh were also approved under the previous Order. Ms. Sequin said
the Amendment is to remove the framing of the existing house and construct a new dwelling using the existing foundation. Ms. Sequin said there is no change in footprint, and the new dwelling will not be higher than the existing ridge elevation. Ms. Sequin said she submitted plans showing the approved elevation, with the changes to the upper level. She said the view from the water will be similar. The gambrel roof on the east side has been moved to the west side. Arnold Henson asked what is on the existing ground floor now? Ms. Sequin said sliders. The basement will remain. Steve Phillips asked if the square footage has changed? Ms. Sequin said the lower level basement will not change from what exists now. The square footage for the first floor level has been reduced. They were going to square off a corner, but that proposal has been eliminated. Ms. Sequin said the dwelling is proposed right at the 26’ setback from
the road and there is nowhere else to get further back from the bank. This dwelling will remain 3 bedrooms. Steve Phillips said brush is being dumped over the bank. Ms. Sequin said the debris would be removed and the dumping would stop. Adrienne Pfluger asked if they were going to cut any trees? Ms. Sequin said no, the red cedars will remain. Ms. Pfluger asked if near the top of the bank in the rear of the lot, would the invasive species remain? Ms. Sequin said there will be a 5’-wide “No-Mow” zone at the top of the bank, but she has not discussed invasive species removal with her Client. Judith Bruce said in the future, if there is a plan for invasive species removal, they would have to return to the Commission for approval. George Christie asked if there was going to be an increase in volume? Ms. Sequin said the square footage will be less than what was previously approved. Steve Tarquini, the Builder,
was asked for the volume difference? Mr. Tarquini said the increase is 144 square feet, not the previously approved increase of 264 square feet. Ms. Sequin said they are eliminating one dormer, keeping the gambrel, and adding a dormer onto the west side of the house. Mr. Tarquini said he cannot salvage what is there. The siding, windows, and other parts of the existing dwelling are in disrepair. He is going to use the existing foundation and the 4’ x 12’ bump-out has been eliminated. There is a small increase in volume and the numbers will be submitted. Arnold Henson said there is no increase in square footage or height. The square footage has been reduced. Ms. Sequin said she would submit the volume calculations, speak to her Client about the debris that has been dumped over the bank, and invasive species removal for the future.
MOTION: A motion to approve the Amended Order with the Site Plan dated May 4, 2009 was made by George Christie and seconded by Bob Royce.
VOTE: Unanimous.
ADMINISTRATIVE REVIEWS (CONTINUED)
Estate of Lucille Schwarz, 33 Herring Brook Way. This is a request for the proposed installation of a new leaching system greater than 100’ to the top of a Coastal Bank. Within 100’ to the bank and within the ACEC, the existing leaching pit and D-box will be pumped dry and abandoned or removed, and a septic pipe connection will be installed between the new leaching system and the existing septic tank. This house is a 3-bedroom to remain 3-bedrooms. Stephanie Sequin, from Ryder & Wilcox, said the leaching pit has failed. Judith Bruce said this project is an improvement.
MOTION: A motion to approve this Administrative Review was made by Bill Parish and seconded by Judith Bruce.
VOTE: Unanimous.
Elizabeth Levitt, 1 Spinnaker Trail. This is a request for the proposed spraying by a Licensed Applicator of poison ivy within 100’ to a vegetated wetland. The cover of poison ivy is very thick in this area but it is not up in the trees.
MOTION: A motion to approve this Administrative Review was made by George Christie and seconded by Bill Parish.
VOTE: Unanimous.
James and Dorothy Mackey, 3 Lockwood Lane. This request was last heard April 21, 2009 and there was a Site Visit April 14, 2009. The Applicant is proposing to top 7 trees a maximum of 15’, and plant two tupelos and one sassafras between the house and the top of the coastal bank. This request was originally to remove the trees, but after the Site Visit, the Commission considered this a view-cutting and not a hazard to the dwelling. Only 2 of these trees are near the house. The Representative is Jason Ford, the Tree Wizard. Native trees are going to be planted and the screening from the water will remain.
MOTION: A motion to approve this Administrative Review was made by Judith Bruce and seconded by George Christie.
VOTE: Unanimous.
LANDSCAPING PLAN AND REVISED SITE PLAN
John and Lisa Donegan (2009), 43 Gosnold Road. This Landscaping Plan was before the Commission on May 5, 2009, and will become part of the Order to renovate this dwelling. At the last Meeting, the Commission requested the Plan be held for replacement trees. Three pine trees and 1 cedar that must be removed to construct the stairs will be replaced with 4 cedars within the 100’ buffer.
MOTION: A motion to accept the Landscaping Plan by Phil Cheney, dated May 4, 2009, was made by Bill Parish and seconded by Judith Bruce.
VOTE: Unanimous.
Ryder and Wilcox has submitted a Revised Site Plan including the changes to the stairways and the bay window.
MOTION: A motion to accept the Revised Site Plan dated May 13, 2009 was made by Bill Parish and seconded by Judith Bruce.
VOTE: Unanimous.
REQUEST FOR PAYMENT
This is a request for Payment from the Conservation Fund for Jamie Balliett to be reimbursed so he can attend 2 Units of the Conservation Commissioners Fundamental Classes. The cost for the classes is $90.00/2 Units.
MOTION: A motion to approve the reimbursement to Jamie Balliett 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 May 12, 2009.
MOTION: A motion to approve the Minutes from the Work Meeting on May 12, 2009 was made by Bill Parish and seconded by George Christie.
VOTE: Unanimous.
The Meeting was adjourned at 9:00 a.m.
Respectfully submitted,
Leslie Derrick, Conservation Commission Secretary
Approved Dated
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