Orleans Conservation Commission
Town Hall, Nauset Room
Hearing, Tuesday, June 16, 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.
CERTIFICATE OF COMPLIANCE
Walter and Geraldine Wallach (2005), 40 Freeman Lane. This is a Certificate of Compliance request for an Order for vegetation restoration at our request. The trees and shrubs are healthy.
MOTION: A motion to release this Certificate of Compliance was made by Bill Parish and seconded by Judith Bruce.
VOTE: Unanimous.
REQUEST FOR THE CONSERVATION COMMISSION TO HOLD A CONSERVATION RESTRICTION
This request is to hold a Conservation Restriction for the Orleans Conservation Trust for 22 Twinings Lane. This is necessary to comply with grant award requirements. A permanent Conservation Restriction must be held by an appropriate Town agency. This property acquisition is to guarantee a permanent trail connection to Twinings Lane. Town Counsel will review this Conservation Restriction.
MOTION: A motion to hold the Conservation Restriction by the Conservation Commission over Orleans Conservation Trust property on 22 Twinings Lane was made by Judith Bruce and seconded by Bill Parish.
VOTE: Unanimous.
NOTICES OF INTENT
Alan & Susan Magary, 49 Aspinet Road by Ryder & Wilcox, Inc. Proposed installation of a septic system to serve an existing dwelling; & the pumping & abandonment of an existing system. Work will occur within 100’ of a Vegetated Wetland. Stephanie Sequin, from Ryder & Wilcox, said the existing cesspools must be upgraded because the house is going on the market. The 100’ buffer covers this property. They have located the leaching system as far away as possible at the lot line, 74’ from the wetland. A Variance from the Board of Health is required. There will be a pump system up to the upper level of the lot. Jenny Wood said there is an open Order of Conditions for an emergency road. She asked what deed this is recorded on? Ms. Sequin said
she will look into that open Order. Steve Phillips asked if an alternative septic system was considered as this project is so close to the wetland? Ms. Sequin said she had talked about it, but due to the maintenance requirement that goes with an alternative system, it was not considered as the property is for sale. This dwelling is winterized but has not been used year-round in the past.
MOTION: A motion to approve this project as submitted was made by George Christie and seconded by Bill Parish.
VOTE: Unanimous.
Richard & Bonnie Jelinek, 646 South Orleans Road by Ryder & Wilcox, Inc. Proposed installation of a water service & underground utilities; landscaping, including construction of a retaining wall; & re-construction of an existing paved drive with cobblestone apron. Work will occur within 100’ of a Coastal Bank, & in the Pleasant Bay ACEC. Stephanie Sequin, from Ryder & Wilcox, and Vera Dubois, the Landscape Architect, were present. Ms. Sequin said there is a coastal bank at the top of the revetment, and the 100’ buffer extends to the front yard. To the south, the top of the bank has been located around the pond. The existing house is being renovated and the septic system was upgraded this spring, but this work is outside of the buffers. Arnold Henson asked how large the
septic system is? Ms. Sequin said it was sized for 9 bedrooms. Ms. Dubois said the property is within a Trust with an extended family. Ms. Sequin said the work within the buffer includes relocating the existing water service to come directly from the main onto this property, instead of from the neighbor’s property. The electric service comes off the neighbor’s property also and will be re-routed directly from the street. The closest pole is on the other side of the road from the house. They are proposing to mole under the street and put the line underground to the dwelling. A limit of work is shown around the area of excavation on the seaward side of the street. During the septic system installation, the paved driveway was damaged and is being restored in the lower section where it will remain in the original footprint. They are proposing a cobblestone apron at the beginning of the driveway within the roadway. The
driveway has been realigned outside the buffer to make room for the dwelling expansion. Ms. Sequin said the Landscaping is shown on a separate Plan. They want to extend the level area in front of the house from approximately 50’ to 75’ by building a retaining wall. Native plantings will be installed to replace the existing lawn area from the wall to the road. Arnold Henson asked how high is the wall? Ms. Sequin said the highest point of the wall will be 5’. George Christie said the wall had not been completely staked for the Site Visit. He asked how long the wall is proposed to be? Ms. Dubois said there is a tree that needs protection, (approximately 125’-long). Mr. Christie asked how big is the patio? Ms. Dubois said 15’ in diameter. (It is shown as 13’ in diameter on the Site Plan.) Mr. Christie asked if the other 16’ patio outside the buffer is remaining? Ms. Dubois said
the second patio will be replaced. Arnold Henson said there are large structures proposed within the 100’ buffer and the ACEC, and are they necessary? Ms. Sequin said no, however, they are naturalizing a fertilized lawn. The retaining wall will be 8”-wide with plantings. Arnold Henson said the area will be substantially higher and more visible. Judith Bruce said the Planting Plan is not very detailed, and hydrangeas are not natives. Steve Phillips asked if they could begin the wall at elevation 20 to reduce the height of the wall? Ms. Sequin said the plantings within the roadway must be submitted and approved by the State Highway Department. She said she has not heard back from the State yet. Bill Parish said there is a lot of structure proposed within the ACEC. Jenny Wood said the only structure proposed within 100’ is not shown on the Site Plan nor is the amount of fill required to raise the level area depicted. The buffer at this site is already compromised as Route 28
runs through it. More than 1/3 of these plantings are on the State road property. Ms. Wood asked if dwarf species are proposed? She asked for more specifics on the asters and perennials and said there is no Maintenance Plan. The area between the plantings are proposed to be mulched, not naturalized. Ms. Wood asked if there is a cover mix proposed for between the shrubs? Ms. Sequin agreed to put the hard structures on the Site Plan. George Christie asked that the 24” in diameter beech be located on the Site Plan. Judith Bruce said the planting is an improvement over the fertilized lawn, but asked if a compromise could be reached on the height of the wall? George Christie asked if the path to Route 28 would be grass, stones, or paved? Ms. Dubois did not specify and said the Owner of the dwelling is allergic to bees, and needs a path. Arnold Henson asked if they could walk down the driveway? Jenny Wood said there is no path there
now, the area is all lawn. Arnold Henson asked what work they are doing on the seaward side of the road? Ms. Sequin said the existing grass will be removed and the area planted with little blue stem and native flowers with a proposed path to the stairs. The other existing vegetation will remain. There is an existing deck with stairs down to the water. Bill Parish asked if the wall could be moved further west to get it out of the 100’ buffer? Ms. Sequin said she would check with her Client. Arnold Henson said he is concerned with the height of the structure. Ms. Dubois said the plantings will screen the wall. Steve Phillips asked for the distance from the 100’ buffer to the proposed wall? Ms. Sequin said 20’. Mr. Phillips asked if they could move the wall back to the 100’ line as they would not lose that much? Arnold Henson said he needs to see an overall benefit. Jamie Balliett asked what would happen if the underground
electric service was not successful, would they have to do an open trench? Ms. Sequin said yes, with permission from the State. Ms. Sequin said they will submit more of a narrative with a Management Plan for the plantings, and specifics on the proposed path. The proposed wall will be added to the Site Plan with the calculations for the fill amount. She will speak to her Client about moving the wall back. James Trainor asked if the round patio was inside the 100’ buffer? Ms. Sequin said most of it. Judith Bruce said the naturalized area must be specified, and this should not be a manicured garden. Ms. Dubois said she would meet with the Conservation Administrator. Steve Phillips asked if the proposed wall was now completely staked on the lot? Ms. Sequin said yes.
MOTION: A motion to continue this Hearing to the Meeting on June 23, 2009 was made by Bill Parish and seconded by Judith Bruce.
VOTE: Unanimous.
REQUEST TO USE CONSERVATION PROPERTIES
Kent’s Point, Annual Small Boat Regatta with Naturalist, July 11, 2009
10:30-11:30 a.m., 30 people, Representative, Lynne Eldridge.
MOTION: A motion to approve this activity at the Kent’s Point Conservation Area was made by George Christie and seconded by Bill Parish.
VOTE: Unanimous.
Rock Harbor, Fireworks, July 3rd/Rain Date, July 5th, Dusk, Representative, William P. Quinn Jr., Orleans Fire Chief. There will be a fire engine with a water supply on site and the new brush truck will be stationed in the area for spot fires.
MOTION: A motion to approve this activity at the Rock Harbor Conservation Area was made by Bill Parish and seconded by Judith Bruce.
VOTE: Unanimous.
CHAIRMAN’S BUSINESS
Approval of the Minutes from the Work Meeting on June 9, 2009.
MOTION: A motion to approve the Minutes from the Work Meeting on June 9, 2009 was made by Bill Parish and seconded by Judith Bruce.
VOTE: Unanimous.
The Meeting was adjourned at 9:18 a.m.
Respectfully submitted,
Leslie Derrick, Conservation Commission Secretary
Approved Dated
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