Orleans Conservation Commission
Town Hall, Nauset Room
Hearing, Tuesday, July 7, 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.
NOTICE OF INTENT
Gertrude Nichols-Paul/Rives & Katherine McGinley, 42, 44, & 46 Nichols Road. Proposed pruning of trees & shrubs on & within 100’ of a Coastal Bank & within the ACEC. Attorney Brian Wall, Robert Gray, a Wetland Scientist from Sabathia, David Chalker, from Bartlett Tree Experts, and Gertrude Nichols-Paul and Rives McGinley, the Applicants, were present. In a 1996 Subdivision Plan, 3 lots were created that were owned by the Nichols family. In 1999, 2 lots were conveyed to family members, and one lot in the middle was sold to David Patterson. View easements were created, however, Mr. Patterson disputed the view easement. The case was heard in Land Court in 2003 and the view easement was deemed valid. There was an Order of Conditions issued in 2005 for
cutting on the bank, and an Amendment was issued in 2006 under SE 54-1802 for trimming the shrubs on the property line. A letter from David Patterson stating his approval of the pruning on the bank was submitted to the Commission. Attorney Wall said this Plan has 3 areas--1. The property line plantings that are shown on a reduced copy of the Site Plan from the prior Order. The current vista pruning plan has listed specific heights, less than under the approved Order. The cutting will occur so that the flowers and fruits won’t be affected. 2. The second part of this proposal is the top of the coastal bank where Mr. Patterson will retain control of the cutting, and the third part of the proposal, the coastal bank, will be done by Bartlett Tree Experts. Attorney Wall said every tree has been identified with heights and amounts to be cut. The tree heights were measured last January. The area will be cut to the 1999 approved levels over a
period of time. Attorney Wall said there is a proposal for bittersweet removal on the top of the coastal bank and out of the trees to be pruned. It will be left over the steps. Herbicide will be applied to the stems, not sprayed. Arnold Henson said when trimming evergreens, it is difficult to cut 7’ off the top and have the trees retain their shape. Mr. Chalker said he will not take more than 1/3 from any tree. There will be an initial pruning and they will prune down more the next 2 years. George Christie asked when this work would be started? Mr. Chalker said at the end of winter, beginning of spring, before there are nesting birds. They will return to the site when the leaves come out to remove the bittersweet and treat it. Arnold Henson said they are just proposing to remove the bittersweet from the trees? Mr. Chalker said yes, not the whole bank. Attorney Wall said the view from 1999 was accepted in Court,
but the Applicants know the view is subject to the Commission’s jurisdiction. Judith Bruce said in the past specific trees were flagged in the field, and then approved by the Conservation Administrator working with the person doing the pruning on site. Ms. Bruce said since this is such an extensive plan, the Commission would appreciate this on-site meeting, with the specifics to come before the Commission for approval. Ms. Bruce also asked about the additional invasive species—honeysuckle, multiflora rose, and the privet hedge? Attorney Wall said the additional invasive species removal would have to be worked out with Mr. Patterson. George Christie said the Order of Conditions, once issued, would not go on indefinitely. Attorney Wall agreed and said they are aware this is a 3-year permit. Attorney Wall said they may not reach the proposed heights with this Order. Arnold Henson said when larger trees have their tops removed
it alters those trees permanently. Mr. Chalker said lateral growth will be encouraged. Jamie Balliett asked if the cedars will survive? Mr. Chalker said only if they are pruned 1/3 or less. Arnold Henson said the cedars may die off anyways because of the new diseases. Adrienne Pfluger asked if the trees covered in bittersweet were viable? Mr. Chalker said 1 tree, a pitch pine, may not be viable. Arnold Henson said the Commission must be concerned with the view from the water, and suggested Mr. Chalker meet on site with the Conservation Administrator and go tree-by-tree for specific pruning information and to create a very precise record. The trees will be tagged, and Mr. Chalker agreed to meet on site with Jenny Wood. He said the annual cuts will be safe for the trees. Mr. Henson said the Commission is not against preserving the view, but they want to protect the trees as the years pass. Judith Bruce asked if the shrub border between the 2
properties was going to be cut down to between 3 1/2’ to 5 1/2'? Attorney Wall said yes. The new heights were accepted by Mr. Patterson and these shrubs are between 95 and 100’ of the top of the bank. Judith Bruce asked that Mr. Patterson be included on the Site Visit with Mr. Chalker and the Conservation Administrator to discuss additional invasive species removal. Attorney Wall said he would inform Mr. Patterson of the Site Visit. George Christie said the Commission feels this bank provides sediment, though Mr. Gray does not agree. Arnold Henson said any unarmored bank provides sediment. Adrienne Pfluger asked if there was a Certificate of Compliance for the older Order? There is not a Certificate of Compliance.
MOTION: A motion to continue this Hearing to the Meeting on July 21, 2009 was made by Bill Parish and seconded by Judith Bruce.
VOTE: Unanimous.
REVISED PLANTING PLAN
Mark and Nancy O’Leary, 24 Franz Road. A Planting Plan showing an extension of a shell walkway and a turn-around in the drive has been replaced with one showing the driveway has been pulled away from the dwelling and reduced from 15’ to 12’. Theresa Sprague, from Wilkinson Ecological Design, said the plantings have been installed as shown on the revised Planting Plan which is much more extensive than the approved Plan. An As-Built Site Plan showing the driveway will be requested with the Certificate of Compliance request. Ms. Sprague said there is no driveway extension, and the Applicants
may return to the Commission for a proposed path expansion so that people do not walk through the new plantings.
MOTION: A motion to accept the revised Planting Plan for this site was made by Bill Parish and seconded by Bob Royce.
VOTE: Unanimous.
CERTIFICATE OF COMPLIANCE
Applewood Realty Trust (Eugene Curry) (2004), 36&50 Sipson Island. This is a Certificate of Compliance request for an Order for a septic upgrade. The system has a Certificate of Compliance with the Board of Health. The area has been revegetated.
MOTION: A motion to release this Certificate of Compliance was made by Judith Bruce and seconded by Bill Parish.
VOTE: Unanimous.
ADMINISTRATIVE REVIEWS
Orleans Conservation Trust (OCT), (Kris Ramsay), 64 Captain Curtis Way. This is a request to clip vegetation to maintain the existing 4’-wide trail that loops around Reuben’s Pond. There are two trees that have fallen over the path that will be cut down to the stumps.
MOTION: A motion to approve this Administrative Review was made by George Christie and seconded by Bill Parish.
VOTE: Unanimous.
Orleans Conservation Trust (OCT), (Kris Ramsay), 55 Grandview Drive. This is a request to cut and remove bittersweet that is pulling down trees. Dead limbs will be removed. The vines will be treated at the base with an herbicide. 1 dead oak will have the top cut off. This is the first year of a several year project to remove bittersweet from the buffer to the coastal bank. An area will be mowed in the winter to keep down woody growth. Kris Ramsey, Land Manager for the Orleans Conservation Trust, said this project will take more than one year. Initially, they will cut the bittersweet and apply herbicide to the stems with assistance from Lindsay Strode of Cape Organics. They will not be working on the coastal bank at all. An Abutter to this area is funding this project. There is honeysuckle in
the field that may be swabbed or removed in the future, but for this year they would just like to mow the field. There is no Maintenance Plan for this site yet, but Mr. Ramsey knows the Commission would like one for the future.
MOTION: A motion to approve this Administrative Review was made by Bill Parish and seconded by Adrienne Pfluger.
VOTE: Unanimous.
Julie and Chris Schwachenwald, 23 Beginners Lane. This is a request to replace a 6’-high wooden pool fence in the same location. Information on non-toxic wood products was submitted. This pool was built in 1987. A Notice of Intent was filed but the Order was never issued. The fence was not shown on the Plan for the Notice. They would also like to put a 6’ x 10’ shed over the pool equipment. This work is within the buffer to a vernal pool—this is a resource area. The shed would require a variance.
MOTION: A motion to approve this Administrative Review was made by George Christie and seconded by Judith Bruce.
VOTE: 0-7-0 Denied. The Applicants must file a Notice of Intent.
Christopher Frey, 71 Briar Spring Road. The Commission made a Site Visit to this property on June 24, 2009. This Administrative Review was heard June 23, 2009 (the last Meeting).
Stephanie Sequin, from Ryder & Wilcox, requested this Administrative Review be held till next week’s Meeting to further discuss the Commission’s requests with this Applicant.
MOTION: A motion to hold this Administrative Review to be placed on the Agenda for the July 14, 2009 Meeting was made by George Christie and seconded by Judith Bruce.
VOTE: Unanimous.
Dave Hubbard, 41 Defiance Lane. This is a request to cut down phragmites in the marsh at the edge of his yard. He has done this work the last two years.
Judith Bruce said any phragmites-removal is appreciated.
MOTION: A motion to approve this Administrative Review was made by Judith Bruce and seconded by Bill Parish.
VOTE: Unanimous.
Gerald Mulligan, 16 Ewing Drive. This is a request to install an irrigation well near the top of a coastal bank. Most of the dwelling is within 50’of the coastal bank. They have not started the landscaping at this site. A Notice of Intent has been filed to be heard at the July 21, 2009 Meeting.
MOTION: A motion to approve this Administrative Review was made by Bill Parish and seconded by Judith Bruce.
VOTE: Unanimous.
Rick Beaulieu, 33 Herring Brook Way. This is a request to: cut English ivy off of the patio, remove 2 fallen locusts in the buffer near the top of the coastal bank, cut a section from a dead tree on the ground in the marsh so it can be walked around, trim down the brush at the top of the coastal bank to 3½’ and off of the steps to the shore, and cut down bamboo in the side yard. This yard was very overgrown and has a new Owner.
MOTION: A motion to approve this Administrative Review was made by Bill Parish and seconded by Judith Bruce.
VOTE: Unanimous.
Mary Louise Voller, 18 Sage’s Way. This is a request for the proposed pumping and abandonment of a septic tank and a leaching pit between 15’ and 45’ to the top of a coastal bank. The request also includes the installation of piping and a new 2000-gallon septic tank and a pump chamber within 65-100’ of the top of the coastal bank and within 95’ to a freshwater wetland. There is perched water in the test holes for the leaching system that is greater than 100’ to the freshwater wetland and the coastal bank. This will be a 7-bedroom system. The Order to approve this dwelling was for 3-bedrooms. There is also another
3-bedroom dwelling on this lot. Stephanie Sequin, from Ryder & Wilcox, said this is a septic upgrade to serve the 7-bedroom building. The tank is now on the seaward side with the leaching pit. The leaching field will be replaced outside of 100’. The work within 50’ is for access to fill in the existing system. The pump chamber and leaching pit will be installed within 100’ on the upland side of the building. The house will act as a limit of work. Arnold Henson asked if the footprint had been expanded? Ms. Sequin said the deck is a little larger. The original Site Plan from 1982 was for 3 bedrooms and is the same building. The sunroom is now considered a bedroom. George Christie said this proposal shows too much work for an Administrative Review. Judith Bruce requested this
Administrative Review be held for a week.
MOTION: A motion to place this Administrative Review request on the July 14, 2009 Meeting was made by Bill Parish and seconded by Bob Royce.
VOTE: Unanimous.
REQUEST TO USE A CONSERVATION AREA
Windmill Park, Wedding, September 18, 2010
Elizabeth Suski/Kyle Fusco, 80 people, 2:30-3:30 p.m.
MOTION: A motion to approve this activity at the Windmill Park Conservation Area was made by George Christie and seconded by Adrienne Pfluger.
VOTE: Unanimous.
REQUEST TO PAY BILLS FROM THE COMMUNITY GARDEN FUNDS
Sea Call Farm Gardens
$79.02 for ink for printer
$65.04 for coffee and donuts
Total $144.06.
MOTION: A motion to approve the reimbursement for the above-mentioned bills was made by Judith Bruce and seconded by Bill Parish.
VOTE: Unanimous.
True Value Hardware
Total $122.48 gardening supplies.
MOTION: A motion to approve payment of this charge was made by Bob Royce and seconded by Judith Bruce.
VOTE: Unanimous.
CHAIRMAN’S BUSINESS
Approval of the Minutes from the Work Meeting on June 23, 2009.
MOTION: A motion to approve the Minutes from the Work Meeting on June 23, 2009 was made by Bill Parish and seconded by Adrienne Pfluger.
VOTE: 6-0-1 Approved (Harry Herrick abstained).
The Meeting was adjourned at 9:32 a.m.
Respectfully submitted,
Leslie Derrick, Conservation Commission Secretary
Approved Dated
| 
