Orleans Conservation Commission
Town Hall, Nauset Room
Work Meeting, Tuesday, June 23, 2009
PRESENT: Adrienne Pfluger, Bob Royce, Bill Parish, Vice-Chairman; Arnold Henson, Chairman; Judith Bruce, George Christie, (Members); Steve Phillips, James Trainor, and Jamie Balliett, (Associate Members).
ABSENT: Harry Herrick, (Member); and Jennifer Wood, Conservation Administrator.
The Meeting opened at 8:30 a.m.
CONTINUATION
Richard & Bonnie Jelinek (AP1), 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 Don Connelly, the Builder, were present. Ms. Sequin said the Plan has been revised, dated 6/17/09 to show the proposed wall has been relocated outside of the 100’ buffer and the ACEC. The previously proposed plantings between the wall and the road have been eliminated along with the proposed plantings on the water side of Route 28. The work within the buffer now consists of a new
water line, new underground utilities, and reconstruction of the paved driveway. George Christie asked if the proposed patio next to the retaining wall seen on the last Site Plan had been eliminated? Ms. Sequin said yes, but after the Applicants have finalized their landscaping, they may return to the Commission for this patio. The retaining wall is now outside the Commission’s jurisdiction. Arnold Henson said the limit of work is within the buffer. Ms. Sequin said yes, within an existing lawn area, and there will be no removal of any native vegetation to place the limit of work. The wall will be 18”-high going up to 4½’-high as the grade drops. The wall is now proposed 48’ back from Route 28. Ms. Sequin said the wall will not be visible from Pleasant Bay, the resource area. Arnold Henson asked if there are going to be plantings along the face of the proposed wall? Ms. Sequin said there could be plantings in front of it,
however they do not want to be required to plant in front of the wall. Jamie Balliett said the Commission is not asking for substantial plantings. Judith Bruce said the higher part of the wall will need native plants in front of it. She asked if there could be a No-Mow Zone for the lawn within the buffer to create a more naturalized area within the buffer? Ms. Bruce said the Order will be conditioned on no herbicides, pesticides, and quick-release fertilizers to be used on the existing lawn. Arnold Henson said the proposed steps down through the wall will be safer as far as visibility than crossing Route 28 at the driveway. Mr. Henson asked if they are going to continue mowing across the road? Ms. Sequin said yes. Bill Parish asked about the amount of fill behind the wall? Ms. Sequin said she does not have the figures on the amount of fill. Bob Royce said the new wall will affect the drainage of this area, and he wants to
see the fill elevation on the Site Plan. Ms. Sequin said the top of the wall elevation is at contour 22.5. Mr. Royce said if fill is added, the contour line will shift and the Site Plan should show that. Arnold Henson said an accurate Site Plan is needed. Ms. Sequin offered to provide an As-Built Plan showing the final grades when the Certificate of Compliance is requested. A Planting Plan must be submitted to screen the retaining wall, to be approved by the Conservation Administrator.
MOTION: A motion to approve this project, with the Site Plan dated June 17, 2009, conditioned on the submission and approval of a Planting Plan with native plants to screen the retaining wall, no quick-release fertilizers, herbicides, or pesticides being used on the lawn within the buffer zone, and an As-Built Plan showing the final grades and the retaining wall being submitted along with the request for a Certificate of Compliance, was made by Judith Bruce and seconded by George Christie.
VOTE: Unanimous.
CERTIFICATES OF COMPLIANCE
Peter Jacobson (now Ronty)1982, 648 South Orleans Road. This is a Certificate of Compliance request for an existing dock that is built as shown on the State License. On-Going Conditions for Existing Docks will be placed on the Certificate of Compliance.
MOTION: A motion to release this Certificate of Compliance was made by George Christie and seconded by Adrienne Pfluger.
VOTE: Unanimous.
Harlow Voller (1982), 18 Sages Way. This is a Certificate of Compliance request for moving the existing house to the rear of the property outside the buffer to a coastal bank, and building a new 3-bedroom dwelling and attached garage. The new dwelling is now listed as 6-bedrooms and the septic system is not in compliance with the Board of Health. A septic upgrade was not part of this old Order. The deck is a slightly different shape than the one proposed on the Site Plan. An As-Built Plan was submitted that shows the changes and also a freshwater wetland to the north. There is ivy under the deck and a mowed path to the shore that is wider than 4’. There is no erosion on the path and the lawn is a rough lawn. Stephanie Sequin, from Ryder & Wilcox, said a new plan has been submitted to the
Board of Health for the septic upgrade at this location. Judith Bruce said an On-Going Condition on the Certificate of Compliance should be that the path to the shoreline will be no wider than 4’.
MOTION: A motion to release this Certificate of Compliance with the
On-Going Condition that the path to the shoreline be no wider than 4’ was made by Bill Parish and seconded by Judith Bruce.
VOTE: Unanimous.
Christopher Frey, Amended Order (2003), 71 Briar Spring Road. This is a Certificate of Compliance request for an Order for a pool, utilities, and other landscaping features within 100’ to a coastal bank that was last heard June 6, 2006 and held for vegetation issues. The invasive species had not been removed from the upper bank and the area did not have good vegetative cover. There was no buffer to the top of the lower bank as it was being mowed. Under an Administrative Review (see below) they would like to mow at the top of the lower bank once a year (in Area 1 and 2) and keep a 4’-wide path mowed through Area 1. They would like the invasive species vinca to remain on the upper slope to the north. The upper bank to the east and south still has invasive species and large mulched areas
and the Certificate of Compliance should be held until all areas are vegetated.
Ms. Sequin, from Ryder & Wilcox, said the physical construction has been completed and the Order of Conditions has expired. She understands the Certificate of Compliance will not be issued until the required plantings are completed. These plantings are being addressed under an Administrative Review. This Certificate of Compliance will be held.
ADMINISTRATIVE REVIEWS
Christopher Frey, 71 Briar Spring Road. This is a request to plant the upper bank facing the bay (east) with bearberry and remove the remaining invasive species, and to prune the inkberry to 4’ and bayberry to 6’. Some of these inkberry must be pruned so that the sprinkler can cover the bank. The Applicant wants to plant the upper bank facing south with golden aster, ice plant, and cinnamon fern. The Applicant wants to mow buffer Area 1(level area between banks) and Area 2 (to the south behind the swing set) once a year in late Spring, and to mow a path through buffer Area 1 through the season. To control the bittersweet, they want to use herbicide on an area near the top of the bank and cut the vines off of the young red cedars planted with the 2003 Order (see
above). For a view, they would like to prune 7 trees down from the top--5 junipers and 2 black cherries (see photograph). Stephanie Sequin, from Ryder & Wilcox, said on the eastern upper slope, the bearberry has done well but there are some bare spots. Additional bearberry is planned for this area, along with asters and cinnamon fern. The inkberry and bayberry are doing well and the Applicant has pruned them to 4’ and 6’, and would like to keep them at those heights. The vinca is being removed to the east, but there is an area of vinca on the northern end that the Applicant wishes to retain. The Applicant wants to plant a mix of asters, ice plants, and ferns on the south slope that is now only mulch. The vista maintenance area was shown to the Commission with a photograph. Arnold Henson and Judith Bruce said there should be no level cutting of the trees within this vista. Judith Bruce said the previous pruning
within this vista was done badly. Arnold Henson said the Commission should make a Site Visit with the Conservation Administrator to better understand this Administrative Review, and make specific recommendations. They want to look at the entire lot. Judith Bruce said this has been going on for 6 years, and the invasive vinca was supposed to
be removed. New work cannot be approved at this time. George Christie asked who would be doing this work? Ms. Sequin said the additional planting and spraying of the bittersweet will be done by the Applicant. The topping of the trees will be done by a Professional. Judith Bruce said the pruning of the bayberry should look natural. This Administrative Review will be put back on the Agenda for the July 7, 2009 Meeting pending a Site Visit with the Commission and the Conservation Administrator before this Meeting.
Sara Corcoran, 111 Freeman Lane. This is a request to mow around the fruit trees and mow a path to the fruit trees. This field was mowed in the winter. They would like to keep a path open to the trees in the summer. This work is in the buffer to a freshwater wetland.
MOTION: A motion to approve this Administrative Review was made by Bill Parish and seconded by Adrienne Pfluger.
VOTE: Unanimous.
Eugene R. Curry, 50 & 36 Sipson’s Island. This Administrative Review was filed at our request for a brush pile near the top of the coastal bank. Work occurred on this site last year. A recent Site Visit showed that the trees that were forming the brush pile were cut from greater than 100’ away from the top of the coastal bank. This brush pile will be removed. No additional work within the 100’ buffer is proposed.
MOTION: A motion to approve this Administrative Review was made by Bill Parish and seconded by Judith Bruce.
VOTE: Unanimous.
Mark Kritzman, 204 Barley Neck Road. This is a request to remove 1 dying cedar near the drive. This work will have to be approved by the Tree Warden as it is a street tree.
MOTION: A motion to approve this Administrative Review, subject to approval from the Tree Warden, was made by Bill Parish and seconded by Judith Bruce.
VOTE: Unanimous.
CHAIRMAN’S BUSINESS
Approval of the Minutes from the Hearing/Work Meeting on June 16, 2009.
MOTION: A motion to approve the Minutes from the Hearing/Work Meeting on June 16, 2009 was made by Judith Bruce and seconded by Bill Parish.
VOTE: Unanimous.
The Site Visit was discussed by the Commissioners.
The Meeting was adjourned at 9:15 a.m.
Respectfully submitted,
Leslie Derrick, Conservation Commission Secretary
Approved Dated
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