Orleans Conservation Commission
Town Hall, Nauset Room
Work Meeting, Tuesday, July 28, 2009
PRESENT: Steve Phillips, Adrienne Pfluger, Bob Royce, Arnold Henson, Chairman; Judith Bruce, Vice-Chairman; Harry Herrick, James Trainor, (Members); Jamie Balliett, Jim O’Brien, (Associate Members); and Jennifer Wood, Conservation Administrator.
The Meeting opened at 8:30 a.m.
CONTINUATIONS
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 Sally Everett, the Applicant, were present. Ms. Sequin said she had new Landscaping and Site Plans. The Site Plan has been revised to show the northern corner of the driveway has been eliminated. Plants will be installed in this area for screening for the Abutter. Ms. Sequin said ¾ of the proposed garage will be over an existing lawn area. They are going to improve the wooded area by removing invasive species and planting native shrubs and a tree. They prefer the garage in the rear of the property so that the entrance will be through the kitchen, and a new driveway in the front would result in trees being removed along the street. Arnold Henson asked about the boat that will be stored in the
driveway? Ms. Sequin said the boat will be parked on the new gravel area, outside of the ACEC. Arnold Henson asked if the amount of plants was sufficient to screen the boat and the garage from the neighbor? Jenny Wood said a large oak will remain next to the garage. They are replacing the shrub layer. She asked if there would be a new groundcover layer? Ms. Wood said there are 6 trees coming down. One is a poplar that is leaning toward the house. Adrienne Pfluger asked if more trees were proposed? Mr. Due said 1 birch. Steve Phillips asked what will be visible from the neighbor’s property? Mr. Due said the area is screened now with a large spruce, and the viburnums will grow up. Ms. Sequin said the garage is only 14’-tall. Judith Bruce said this Restoration Plan is an improvement, but the Order will be conditioned for more screening and groundcovers, if necessary.
MOTION: A motion to approve this project, with the Site Plan dated July 27, 2009, and conditioned on more screening and the installation of a groundcover layer, if necessary, with the Planting Plan to be approved by the Conservation Administrator, and the Standard Conditions for Planting Plans, was made by Judith Bruce and seconded by Bob Royce.
VOTE: Unanimous.
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. A letter requesting a Continuance was submitted to the Commission.
MOTION: A motion to continue this Hearing to the Work Meeting on August 11, 2009 was made by Bob Royce and seconded by Judith Bruce.
VOTE: Unanimous.
DISCUSSION
Joanne Broderick, 11 Seaside Drive. Discussion on the possibility of building an addition within 100’ of a certified vernal pool. The project will be 75’ from the wetland, partly over an existing driveway. Stephanie Sequin, from Ryder & Wilcox, requested this Discussion be moved to the Work Meeting on August 11, 2009. The Commission agreed.
CERTIFICATE OF COMPLIANCE
Snyder/ Partnership (2006), 47 Cedar Land Road. This Certificate of Compliance request is for an Order to put in a foundation under an existing dwelling and for a waterline. The project is built as shown.
MOTION: A motion to release this Certificate of Compliance was made by Judith Bruce and seconded by Bob Royce.
VOTE: Unanimous.
ADMINISTRATIVE REVIEWS
Ann Fleck Henderson, 13 Mizzentop Lane. This project was heard July 17, 2009 and held to determine if the Orleans Conservation Trust (OCT) was in favor of this project as some of the trees may be on their property. The OCT was willing to let the possible work on their property go forward as removing those trees would open an area for an apple tree. The Applicant would like to cut down 60 trees in the buffer to a Coastal Bank. Part of the cutting is to open an area around an apple tree; the other is for a view-cutting to the top of the bank. They would also like to limb several oaks for the view-cutting. Many of these trees are small. The lot is long and narrow and the lots on either side are well-treed. This cutting will not open up a big view. Arnold Henson suggested the Commission make a Site Visit.
Richard Houghton, 207 Brick Hill Road. This is a request to remove 6 dead red cedar trees within 100’ of a freshwater pond. There are many other trees in this area.
MOTION: A motion to approve this Administrative Review was made by Adrienne Pfluger and seconded by Judith Bruce.
VOTE: Unanimous.
Michael Tarnow, 10 Deep Pond Circle. This is a request to remove 2 dead trees within 100’ of Deep Pond, and for minor pruning of lower limbs on 8 trees along both sides of the driveway greater than 100’ from the wetland.
MOTION: A motion to approve this Administrative Review was made by Judith Bruce and seconded by Bob Royce.
VOTE: Unanimous.
Job Taylor, III, 40 Namequoit Road. This is a request to remove 3 large pine trees with bark borers. One tree is very near the house. The Applicant will plant two native trees between the dwelling and Arey’s Pond.
MOTION: A motion to approve this Administrative Review was made by Judith Bruce and seconded by Bob Royce.
VOTE: Unanimous.
Man-Kong Tsui, 31 Ruggles Road. This is a request to reduce the height of 3 red cedars and 2 oaks located on the bank by removing 1 to 4’ of the outer canopy to maintain the view to Town Cove. The Applicant would like to prune the large black oak in the original Order away from the deck, and some lower branches to get the tree to put growth in the top canopy.
MOTION: A motion to approve this Administrative Review was made by Bob Royce and seconded by Judith Bruce.
VOTE: Unanimous.
Town of Orleans (Harbormaster/Shellfish), Herring Brook Way. This is a request to repair and improve the base of the fish ladder that connects Lonnie’s Pond to Pilgrim Lake. The cracks along the inside of the culvert that runs under Herring Brook Way will be patched and an extension of the existing fish ladder will be created with concrete forms. This is an historical herring run and, per the requirements of Mass. Division of Marine Fisheries (DMF), must be maintained in good working order. The construction will take place in mid-August under the direct supervision of DMF personnel.
MOTION: A motion to approve this Administrative Review was made by Bob Royce and seconded by Judith Bruce.
VOTE: Unanimous.
Linda Odenbach, 41 Orie Lane. This Administrative Review is for after-the-fact construction of a driveway extension within 10’ of the Top of a Coastal Bank. 3” of gravel was spread over the existing grade.
MOTION: A motion to approve this Administrative Review was made by Judith Bruce and seconded by Bob Royce.
VOTE: Unanimous.
Christopher Frey, 71 Briar Spring Road. This Administrative Review was heard 6/23/09 and held for a Site Visit 6/24/09. Stephanie Sequin, from Ryder & Wilcox, handed out a new Site Plan dated July 27, 2009, and said this work has been scaled back to only include the plantings that are required to obtain a Certificate of Compliance on the Order. Ms. Sequin said a No-Mow Zone has been added to the new Site Plan. The Applicants want to finish planting on the eastern slope with bearberry, asters, and cinnamon fern, and the southerly slope with cinnamon ferns, asters, and ice plants. The invasive species will be removed on the bank, except for the northern end of the bank. Ms. Sequin said the vinca is well-contained by a stone wall and mowing. Everything else that was previously proposed has
been removed from this Administrative Review. Ms. Sequin said next spring, the Applicants may return to the Commission to apply for more work. Judith Bruce asked if they will stop pruning the shrubs? Ms. Sequin said yes, except in front of the sprinkler where the shrubs will be maintained at the level of the sprinkler. James Trainor said the Certificate of Compliance will be held until the Commission is satisfied with the new plantings. Ms. Sequin said the Applicants will file for more invasive species removal in the future. The existing 4’-wide path down the coastal bank can be maintained.
MOTION: A motion to approve the Administrative Review, as amended, was made by Steve Phillips and seconded by Adrienne Pfluger.
VOTE: Unanimous.
John Sommers, 7 & 8 South Little Bay Road. This Administrative Review was heard July 14, 2009 and held for Steve Phillips to make a Site Visit from the water. Mr. Phillips said there is a narrow view corridor from the water and he recommended approval.
MOTION: A motion to approve this Administrative Review was made by Judith Bruce and seconded by James Trainor.
VOTE: Unanimous.
CHAIRMANS’ BUSINESS
Approval of the Minutes from the Hearing/Work Meeting on July 21, 2009.
MOTION: A motion to approve the Minutes from the Hearing/Work Meeting on July 21, 2009 was made by Bob Royce and seconded by Judith Bruce.
VOTE: 6-0-1 Approved (Adrienne Pfluger abstained).
The Site Visits were discussed by the Commissioners.
The Meeting was adjourned at 9:10 a.m.
Respectfully submitted,
Leslie Derrick, Conservation Commission Secretary
Approved Dated
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