Orleans Conservation Commission
Town Hall, Nauset Room
Hearing, Tuesday, July 21, 2009
PRESENT: Steve Phillips, Bob Royce, Arnold Henson, Chairman; Judith Bruce, Harry Herrick, James Trainor, (Members); and Jamie Balliett, (Associate Member).
ABSENT: Adrienne Pfluger, (Member); and Jennifer Wood, Conservation Administrator.
The Meeting opened at 8:30 a.m.
NOTICES OF INTENT
Gerald & Carolyn Mulligan, 16 Ewing Drive by Ryder & Wilcox, Inc. Proposed gabion & fiber roll toe protection, including bank reconfiguration with plantings, gravel driveway reconfiguration & expansion, & landscape plantings. Work will occur on a Coastal Bank, Coastal Beach, Rocky Inter-tidal Shores, Land Subject to Coastal Storm Flowage, & within the Pleasant Bay ACEC. David Lyttle, from Ryder & Wilcox, Seth Wilkinson, from Wilkinson Ecological Design, and Carolyn Mulligan, with her son and daughter-in-law, the Applicants, were present. Mr. Lyttle said there is on-going erosion at the westerly end of the existing revetment. The Applicants have been putting sand there, but if there is a large storm event, this could affect access to their dwelling. Arnold Henson said the Commission
would like to meet on-site with the Engineer to examine this project. Mr. Lyttle said they are proposing a section of gabions that would be covered with jute netting and planted to protect the driveway if there is a bad storm. Mr. Lyttle said Mr. Wilkinson proposes to introduce more salt marsh in that area. He said on the easterly end of the revetment, they are proposing fiber rolls and planting. Steve Phillips questioned Note #3 that states they are using existing bank material? Is more fill being added here? Arnold Henson asked why extend the revetment to the northeast at all? Mr. Henson said this is a critical bank to provide sediment. Mr. Wilkinson said the fiber rolls will help the cedar grove be preserved. He said the erosion on the easterly end is driven by the new breach. They are losing trees down the bank. No cedars are being removed for this work and new native plantings will be added to help preserve the upland habitat and allow the
bank to function and provide sediment. The area will be patched after a large storm event. They are proposing to cut the angle of the bank back to make a more natural angle that will sustain storms. Mr. Wilkinson said there is invasive bittersweet in the area along the coastline above the revetment. They will remove the bittersweet and restore the area with native maritime shrubs. This will be a naturalistic landscape plan, with dry gardens of native plantings. Mr. Wilkinson offered to show the Commissioners the proposed salt marsh restoration on-site. They could file separately for the salt marsh restoration. Judith Bruce asked if the rocks within the salt marsh were holding the soil? Mr. Wilkinson said the rocks are hurting more than helping. Mr. Lyttle said he has contacted the Cape Cod Mosquito Control people about the culverts underneath the driveway that should be cleaned out. Steve Phillips asked if there were gutters and
downspouts directed to dry wells at this location? Mr. Lyttle said the
construction project is not completed, but there will be dry wells or a stone drip line installed. Mr. Lyttle said the driveway will be reconfigured with a turn-around and expanded with more parking. There will be additional mitigation plantings. There will be a Site Visit next week.
MOTION: A motion to continue this Hearing to the Meeting on August 4, 2009 was made by Judith Bruce and seconded by Bob Royce.
VOTE: Unanimous.
James Corley & Sally Everett, 152 Namequoit Road by Ryder & Wilcox, Inc. Proposed construction of an addition on an existing dwelling; construction of a detached garage; & gravel driveway construction. Work will occur within 100’ of Land Subject to Coastal Storm Flowage, & within the Pleasant Bay ACEC.
Stephanie Sequin, from Ryder & Wilcox, Peter Due, from Estates Landscape & Maintenance, and James Corley and Sally Everett, the Applicants, were present. Ms. Sequin said this project is within 100’ of the 100-Year Flood Elevation, the 12’-contour, to the Namequoit Bog. There is no coastal bank. The existing building is within 100’ to the flood zone, but is not within the ACEC. There is a proposed addition on the west side of the house, outside of the 100’ buffer. Ms. Sequin said there is a very small part of the addition to the north within the 100’ buffer. The existing building will serve as a barrier. Ms. Sequin said the other part of this project is a proposed detached 24’ x 14’-wide, 14’-high garage. The garage is proposed 86’ from the flood
contour. They want to extend the shell driveway around the back of the house to access the proposed garage. A portion of the driveway would be within the ACEC. This portion is a yard area now. They are proposing mitigation plantings in the northeast corner, in the ACEC. There are shrubs and trees to the east of the driveway that will serve as a permanent buffer between the driveway and the resource areas. Invasives will be removed from the back corner along with 2 dead pine trees and 2 poplars. Arnold Henson asked if they could cut the driveway to the southwest and put the garage on the side where the existing shed is? That would avoid the wetlands. Ms. Sequin said they would prefer the access at the rear of the house where the mudroom is located. Arnold Henson said they don’t need structure within the ACEC if it is not necessary. The garage would access the front door with that proposal. Judith Bruce asked if the front of the
property is clear of all buffer lines? Or is the coastal bank to Paw Wah Pond right there? Ms. Sequin said the fence line is the coastal bank. This should be shown on the Site Plan. Ms. Corley said there is a fire hydrant and telephone pole on the street. There is room for a driveway. Arnold Henson asked how many trees are coming down with this project? Ms. Sequin said at least one locust tree and a cedar. The oak tree behind the garage will remain. Judith Bruce said she is concerned with the last naturalized area on this property becoming garage. Arnold Henson said the driveway structure is within the ACEC and he asked for more plantings as mitigation. He would like to see a significant planting area adjacent to the driveway. Steve Phillips asked if there was space provided for additional parking? Ms. Sequin said the driveway will be alongside the garage for storage of an aluminum boat. This area is outside the ACEC.
There will be plenty of parking within the shell driveway. James Trainor asked again if the driveway could go along the west? Ms. Sequin said the grade drops more there than the proposed area which is level. Judith Bruce said she would prefer more plantings as opposed to the proposed steel-edge and she asked if they would be removing invasive vines? Mr. Due said the trumpet vine will be removed. They will cut it first, then spot-treat it. Arnold Henson said there needs to be a more specific invasive species removal program, and that could be worked out with the Conservation Administrator. Steve Phillips asked if the area between the driveway and the lot line could be naturalized to the east? The area is mowed presently. Ms. Sequin said the area goes from 3’ to 10’ and is fairly narrow. Arnold Henson said the garage is proposed for the wooded area on the lot. Judith Bruce asked for more groundcover plantings. If the
driveway was expanded on the south side of the garage location, they could take the boat out of the wooded area and store it alongside the garage. Steve Phillips asked if the driveway had been widened? Ms. Sequin said it is proposed to be 10’-wide, that is standard for driveways, but there will not be a well-defined edge. They could remove the steel-edging on the driveway, show the existing plants, with additional plants on the edge to catch run-off. John Krause, an Abutter, said he is concerned about the construction proposed within the buffer zones, so close to his property. James Trainor said the garage is proposed only 14’ from the property line. Ms. Sequin said a setback for an accessory building must be equal to the height, not more than 14’. The structure would also have to be 14’ from the main building. Steve Phillips asked if the area where the boat will be parked could be planted with screening? Ms.
Sequin said yes, between the driveway and the northern property line. The remaining distance is only 5’.
MOTION: A motion to continue this Hearing to the Meeting on July 28, 2009 was made by Judith Bruce and seconded by Bob Royce.
VOTE: Unanimous.
Seppala/Weber, 21 Brewster Cross Road by J.C. Ellis Design Co., Inc. Proposed construction of a building, a portion of a driveway, & a catch basin. Work will occur within 100’ of a Bordering Vegetated Wetland. Jason Ellis, from J.C. Ellis Design Co., and Brian Seppala, the Applicant, were present. Mr. Ellis said there is an Order of Conditions from 2004 for a similar structure. This is a commercially-zoned lot. This building will have office space and a residential apartment on the second floor. For the previous project, a cellar hole was dug and a septic tank was installed. Then the Order expired. With this new project., they have pulled the proposed building back from the wetland 10’. There is more room between the 50’ buffer and the proposed building.
The septic system has been pushed closer to the road and the parking is over the leaching field. Mr. Ellis said there is no DEP # yet as they need to submit stormwater management information. He said he has filed a request for the Certificate of Compliance on the expired Order where the work was begun and then abandoned. Arnold Henson asked if the deck closer to the wetland could be eliminated or moved to the side? Mr. Ellis said this is a second-story deck and plantings could be installed underneath. This is the only outdoor area for the apartment upstairs. Mr. Seppala said they moved the deck around to the west side, but it is not shown on the Site Plan. Mr. Ellis said this is a 2-bedroom apartment, as the previous Order. Judith Bruce asked if the road outfall pipe was located on this property? Mr. Ellis said no, it is on the adjacent property. Steve Phillips said he would like a Planting Plan for the back of the property. Mr. Ellis said there could be a permanent
buffer of native plantings along the 50’ buffer line. Mr. Ellis said they will provide a finished Building Plan, improvements to the stormwater management, and a permanent buffer of native plantings along the 50’ line.
MOTION: A motion to continue this Hearing to the Meeting on August 4, 2009 was made by Bob Royce and seconded by Steve Phillips.
VOTE: Unanimous.
Wildt/Kinnane, 8 Alden Road, Units 1 & 4 by J.C. Ellis Design Co., Inc. Proposed septic system upgrade. Work will occur within the 100’ buffer zone to 2 Isolated Freshwater Wetlands. Jason Ellis, from J.C. Ellis Design Company, said this is a cottage colony and there have been other septic upgrades at the colony within the last 10 years. They inspected the septic systems of all the other units and they passed, except for this one. The reason for the failure was separation to groundwater. Arnold Henson asked if one cluster system was considered? Mr. Ellis said there is not enough room. Carl Trevisan, the President of the Condominium Association, said a system failed in 2000. Now, 5 out of 10 of the cottages have new systems. 4 systems were combined into 1. Mr. Ellis
said Units 2, 3, and 8 have older systems, but they passed. This system, for Units 1 and 4, is the only one that has failed. Mr. Ellis said they are going to install two 1000-gallon tanks, directed to a pump chamber to a new leaching area east of Unit 1. The old cesspool is full of groundwater and will be filled in. Arnold Henson said the Commission’s approval is subject to approval from the Board of Health. Judith Bruce asked if the systems were close to the ocean? Mr. Ellis said yes, to Nauset Harbor.
MOTION: A motion to approve this project, subject to approval from the Board of Health, was made by Judith Bruce and seconded by Steve Phillips.
VOTE: Unanimous.
CONTINUATION
Gertrude Nichols-Paul/Rives & Katherine McGinley, 42, 44, & 46 Nichols Road by Brian Wall, Esquire. Proposed pruning of trees & shrubs on & within 100’ of a Coastal Bank. Arnold Henson said the Commission has not had enough time to review the Site Plan submitted yesterday (Monday, July 20, 2009). This Plan has been requested repeatedly and was not required to be enlarged. There is no Key on the Plan. Attorney Wall, representing the Applicants, and David Chalker, from Bartlett Tree Experts, were present. Attorney Wall said the Conservation Administrator and Mr. Chalker met on site to discuss possible pruning. No trees had been tagged. Arnold Henson said the Administrator needs to advise the Commission on the pruning heights proposed. There needs to be a
clear picture of what has been done for the record. Mr. Henson said this is a large, steep area, and a precise Plan, tree by tree, is needed. Attorney Wall said the narrative shows a column with proposed heights and Mr. Chalker will decide the specific heights each year, based on the health of the tree. Judith Bruce said this was not presented well and it is impossible to tell what is being cut. Mr. Chalker and the Conservation Administrator must agree on the specific pruning heights. Mr. Chalker said he will prune from 8” to 2’ on certain species and he will eliminate the invasive vines from the trees. Attorney Wall said he spoke with Mr. Patterson who agreed to the invasive vine treatment. Other invasive species removal as mitigation for this cutting was not discussed, nor was the height of the trees cut on the last Order compared to this one which was requested at the Site Visit.
MOTION: A motion to continue this Hearing to the Meeting on July 28, 2009 was made by Judith Bruce and seconded by Steve Phillips.
VOTE: Unanimous.
CERTIFICATES OF COMPLIANCE
Applewood Realty Trust (Eugene Curry) (2007), 42 Crowe’s Lane. This Certificate of Compliance request is for an Order to reconstruct an existing Licensed boat ramp. The entire boat ramp was replaced instead of just the lower section. They have submitted an As-Built Plan.
MOTION: A motion to release this Certificate of Compliance was made by Steve Phillilps and seconded by Bob Royce.
VOTE: Unanimous.
Nichols-Paul/Patterson (2005), 44 Nichols Road. The Order of Conditions for tree-trimming on a coastal bank was amended to include the hedgerow between the properties. The vegetation is stable.
MOTION: A motion to release this Certificate of Compliance was made by Judith Bruce and seconded by Steve Phillips.
VOTE: Unanimous.
J. Scott Marble (2001), 37 River Road. This is a Certificate of Compliance request for a single-bay garage addition and a screen porch that is built as shown on the Site Plan.
MOTION: A motion to release this Certificate of Compliance was made by Judith Bruce and seconded by Bob Royce.
VOTE: Unanimous.
ADMINISTRATIVE REVIEWS
Gordon Somerville, 39 Willie Atwood Road. This is a request to remove 4 dead pitch pines between the dwelling and the bay. Two of these trees are leaning and dangerous. The plan is to allow 2 tupelo to grow up. There is good native vegetation on this lot.
MOTION: A motion to approve this Administrative Review was made by Bob Royce and seconded by Judith Bruce.
VOTE: Unanimous.
Doris Prescott, 14 Gibson Road. This is a request to prune 2 to 2½’ down 5 trees that are on the coastal bank. Some trees on the top of the bank have been pruned down too much all at once--these trees will not be pruned anymore at this time.
MOTION: A motion to approve this Administrative Review was made by Judith Bruce and seconded by Bob Royce.
VOTE: Unanimous.
Andy Busser, 14 Winslow Drive. This is a request to remove 6 large dead pine trees and 1 oak. The Applicant wants to remove a log pile and brush from the 4 cherry trees that were cut to the ground without filing. There is only a buffer of 1 shrub width to Uncle Seth’s Pond. The remainder of the buffer has some large trees, mostly pitch pine, and is mowed but not fertilized. Arnold Henson said a Plan for the whole property to improve the buffer zone would be preferred by the Commission.
MOTION: A motion to approve this Administrative Review was made by Judith Bruce and seconded by Bob Royce.
VOTE: 0-7-0 Denied. The Applicant must file a Notice of Intent.
REQUEST TO USE A CONSERVATION PROPERTY
Windmill Park, Wedding, August 1, 2009, Jolleen Halloran/Ryan Baker
60 people, 3:00-4:00 p.m.
MOTION: A motion to approve this activity at the Windmill Park Conservation Area was made by Judith Bruce and seconded by Bob Royce.
VOTE: Unanimous.
CHAIRMAN’S BUSINESS
Approval of the Minutes from the Work Meeting on July 14, 2009.
MOTION: A motion to approve the Minutes from the Work Meeting on July 14, 2009 was made by Judith Bruce and seconded by Bob Royce.
VOTE: Unanimous.
Approval of the Conservation Restriction at 214 Brick Hill Road (Moore).
MOTION: A motion to recommend approval of the Conservation Restriction at 214 Brick Hill Road to the Board of Selectmen was made by Judith Bruce and seconded by Bob Royce.
VOTE: Unanimous.
OTHER MEMBER’S BUSINESS
Commission Reorganization:
MOTION: A motion to appoint Arnold Henson as Chairman of the Commission for Fiscal Year 2010 was made by Judith Bruce and seconded by Bob Royce.
VOTE: 6-0-1 Approved (Arnold Henson abstained).
MOTION: A motion to appoint Judith Bruce as Vice-Chairman of the Commission for Fiscal Year 2010 was made by Arnold Henson and seconded by Bob Royce.
VOTE: 6-0-1 Approved (Judith Bruce abstained).
The Meeting was adjourned at 10:00 a.m.
Respectfully submitted,
Leslie Derrick, Conservation Commission Secretary
Approved Dated
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