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Orleans Conservation Commission
Town Hall, Nauset Room
Hearing, Tuesday, August 4, 2009
PRESENT: Steve Phillips, Adrienne Pfluger, Bob Royce, Arnold Henson, Chairman; Judith Bruce, Vice-Chairman; Harry Herrick, James Trainor, (Members); Jim O’Brien, (Associate Member); and Jennifer Wood, Conservation Administrator.
ABSENT: Jamie Balliett, (Associate Member).
The Meeting opened at 8:30 a.m.
REQUEST FOR DETERMINATION
Charles Woodward, 17 Lucy’s Lane by Ryder & Wilcox, Inc. The “after-the-fact” replacement of iron pipe supports for a Licensed seasonal pier in the River. David Lyttle, from Ryder & Wilcox, said the Applicant has already completed this work.
MOTION: A motion to grant a Negative Determination was made by Judith Bruce and seconded by Adrienne Pfluger.
VOTE: Unanimous.
NOTICES OF INTENT
James & Caroline Macon, 42 Jack Knife Point Road by Ryder & Wilcox, Inc. The proposed construction of a dwelling; utilities, grading, & landscaping. Work will occur within 100’ of a Coastal Bank & Land Subject to Coastal Storm Flowage, & within the Pleasant Bay ACEC. David Lyttle, from Ryder & Wilcox, Caroline Macon, and Jean Stewart, her mother and the sister of Barna Sprague who was the late Owner of this property, were present. Mr. Lyttle said the Applicants own 2 lots and are proposing a 3-bedroom dwelling on the southerly lot greater than 75’ from the top of the coastal bank to the River. They could not place the dwelling further to the north due to a 25’ property line setback required between 2 lots. The dwelling will be located on a knoll overlooking the
existing boathouse. Mr. Lyttle said proposed within the ACEC are minimal grading and the construction of a mortarless stone wall. Mr. Lyttle said view corridors may be applied for in the future when the house has been completed. The driveway transverses the northerly lot with the parking area greater than 100’ from the coastal bank. The Title 5 septic system is located on the other lot. The driveway will be of pervious stone. 3 large oaks will be removed with this project, but many other oak trees and cedars will remain. Arnold Henson asked if they could subdivide Lot 72 further and build another dwelling to the west? Mr. Lyttle said they could re-divide the lots in the future, but could not create a third lot. Only 2 dwellings are allowed on this property no matter how the lots are divided. Arnold Henson said there would have to be a permanent right to maintain the driveway if Lot 71 was in separate ownership. A new
driveway would not be permitted across Lot 72 to the east. Steve Phillips asked about the access to the water? Mr. Lyttle said the current access is down the vehicle track and there is a stairway down the coastal bank on the west side. Judith Bruce said they have located the dwelling as far away from the ACEC and the 75’ line as possible and the wall proposed within the ACEC has no mortar and may benefit the wildlife. Arnold Henson asked if fill was being added within the ACEC? Mr. Lyttle said yes, they will be using material from the cellar hole. No new material will be brought in and some will be removed for the septic system. The Order will be conditioned that a new driveway, parking area, and septic system cannot be created on Lot 72.
MOTION: A motion to approve this project was made by Steve Phillips and seconded by Judith Bruce.
VOTE: Unanimous.
Richard Stanton, 23 Herring Brook Way by J.C. Ellis Design Co., Inc. Proposed septic system upgrade & water line relocation. Work will occur within 100’ of a Salt Marsh, within Land Subject to Coastal Storm Flowage & the ACEC, & on a Coastal Bank (under Town Bylaw only). Jason Ellis, from J.C. Ellis Design Co., said this septic upgrade is for a sale. The 2 existing cesspools are in groundwater, and the new septic is planned for the same location. This will be a mounded system with a 1500-gallon tank with a pump chamber. There will be a concrete retaining wall around the system that will be off to the side of the property so as not to block the front façade of the dwelling. Judith Bruce asked if there was any other alternative? Mr. Ellis said the soils are restrictive so
that the leaching field has a 4’ separation from groundwater instead of 5’. He said the best solution is to sewer. The Department of Environmental Protection does not want a tight tank installed within a flood zone. A nitrogen-removal system would not function properly if immersed. James Trainor said a raised system is preferred with the higher tides. Arnold Henson said the salt marsh at this location continues to be mowed and asked if there could be a clear delineation of the edge of the salt marsh for the new Owner? Mr. Ellis suggested the Order be conditioned for a No-Mow Zone marked by a physical barrier, such as a split-rail fence or plantings. Arnold Henson said no work will go forward till fencing or plants are installed. Mr. Ellis asked how far the distance from the wetland the demarcation should be? Arnold Henson said 10’ landward from the wetland flags.
MOTION: A motion to approve this project, conditioned on the installation of a physical barrier—a split-rail fence, or plants--10’ landward from the wetland flags for the salt marsh, and subject to the approval of the new Title 5 system by the Board of Health, was made by Judith Bruce and seconded by Adrienne Pfluger.
VOTE: Unanimous.
Jacquelyn & Robert Moore, II, 25 Primrose Lane by Ryder & Wilcox, Inc. The proposed construction of a gabion revetment to stabilize an eroding coastal bank. Work will occur on a Coastal Bank, Coastal Beach, Land Subject to Coastal Storm Flowage, & within the Pleasant Bay ACEC. (Steve Phillips recused himself from this Hearing.) David Lyttle, from Ryder & Wilcox, said this is a low bank. The revetment would only be 1’ to 2’-high and extend for approximately 105’-long. Mr. Lyttle said this low revetment would not impede any wildlife from entering the yard. Only a couple of steps would be needed to get over the revetment. A mini-excavator would be used for digging a small trench along the beach. The gabion baskets would be filled off-site. Mr. Lyttle said
gabions would be better than fiber rolls as the rolls might not remain long in this location due to winter ice. Arnold Henson said the area is very level and at a low elevation from the back of the house out. Mr. Lyttle said the house is in the flood zone. Mr. Henson asked why this revetment is necessary? Mr. Lyttle said the area is experiencing erosion and they don’t want the bank to move landward. Jenny Wood said this dwelling was built before 1978, and a revetment could be approved if there was no other alternative. Fiber rolls or adding fill may be a better alternative. It does not look like much of the bank has been lost, although the edge is ragged. If the bank retreats, the lower area in front of the dwelling may turn into marsh instead. Ms. Wood said Steve McKenna, a Specialist from the Coastal Zone Management Program, and possibly another Specialist from Sea Grant, are coming to see this area. Arnold Henson
suggested this Hearing be continued for their input. Judith Bruce said there is almost no bank at this site and she would like to hear the input from the experts. Elaine Flanigan, an Abutter, said she is concerned with the proposed sharp angle of the revetment and how will it affect her property to either side of the revetment? Judith Bruce said the areas to either side of the revetment may be improved by adding sand. James Trainor said they are attempting to slow the erosion down and should keep the area covered so as not to lose the sediment source. These gabions are not proposed to be covered. Whit and Peg Boyd, Abutters, asked if the access path to the water will be blocked off by the proposed revetment? Jenny Wood said the revetment goes across the right-of-way. Mr. Lyttle said the revetment would be at the most, a foot tall, and it will be possible to step over it.
MOTION: A motion to continue this Hearing to the Meeting on August 18, 2009 was made by Judith Bruce and seconded by Adrienne Pfluger.
VOTE: Unanimous.
CONTINUATIONS
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 and her daughter and son, the Applicants, were present. Mr. Lyttle said the changes from the last Hearing are about planting. Mr. Wilkinson said he has created a buffer area above the bank from 2’ to 10’, following the existing contours. He has shown an invasive plant removal area to the
west. The area to the west of the stairway also has increased plantings to the current parking area. Arnold Henson asked if the area to the east of the existing revetment should be allowed to erode naturally, as there is nothing behind there but woods? Mr. Wilkinson said if that area erodes, it could expose the freshwater marsh behind it to salt water. The freshwater flows out through an open ditch now. Mr. Wilkinson said if the fiber rolls are buried, there would be a net increase in sediment that would continue to feed the system. Arnold Henson asked if a large amount of fill will be needed to cover the rolls? Mr. Lyttle said they are not bringing in fill this time, but are using existing material from re-grading. If there is a large storm, and the rolls become uncovered, they will bring fill back in and replant the area. The beach elevation may rise from the sediment. Judith Bruce said the Order could be conditioned that the
end of the revetment be nourished annually instead. Jenny Wood said she would like to show this project to the Specialists from Coastal Zone Management and Sea Grant. Mr. Lyttle said he does not want to alter the existing revetment. Jenny Wood asked the Commissioners if there were any objections to the proposed changes in the driveway? The Commission had no objections to the turn-around.
MOTION: A motion to continue this Hearing to the Meeting on August 18, 2009 was made by Bob Royce and seconded by Judith Bruce.
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., requested a Continuance to provide the Department of Environmental Protection with a Stormwater Management Checklist, and a new Site Plan and Planting Plan to the Commission.
MOTION: A motion to continue this Hearing to the Meeting on August 18, 2009 was made by Judith Bruce and seconded by Bob Royce.
VOTE: Unanimous.
CERTIFICATE OF COMPLIANCE (Re-Issue)
Q. John Schwarz, 33 Herring Book Way. The Certificate of Compliance for this Order for a dock was issued on May 15, 2009 and has been misplaced. This is a request for a re-issue.
MOTION: A motion to re-issue this previously approved Certificate of Compliance was made by Judith Bruce and seconded by Adrienne Pfluger.
VOTE: Unanimous.
RELEASE OF BOND
Nora Oliver (previous Owner), 30 Twinings Lane. A bond of $2,500.00 was posted for revegetation work on the coastal bank. The area was planted and the shrubs are fine. This is a very steep bank and will have trouble in the future if there is not more vegetation around the steps.
MOTION: A motion to release the Bond to the previous Owner of this property was made by Judith Bruce and seconded by Harry Herrick.
VOTE: Unanimous.
ADMINISTRATIVE REVIEW
Ann Fleck Henderson, 13 Mizzentop Lane. This project was heard July 17, 2009 and held for input from the Orleans Conservation Trust (OCT), and heard July 28, 2009 and held for a Site Visit. 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.
MOTION: A motion to approve this Administrative Review was made by Judith Bruce and seconded by Adrienne Pfluger.
VOTE: Unanimous.
REVISED LANDSCAPING PLAN
Sheeps Pasture Point, LLC, 3 Sheeps Pasture Point. More plants have been added to this Landscaping Plan and 1 tree will be removed.
MOTION: A motion to approve this Landscaping Plan in addition to the existing Landscaping Plan, 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 28, 2009.
MOTION: A motion to approve the Minutes from the Work Meeting on July 28, 2009 was made by Judith Bruce and seconded by Bob Royce.
VOTE: Unanimous.
The Meeting was adjourned at 9:32 a.m.
Respectfully submitted,
Leslie Derrick, Conservation Commission Secretary
Approved Dated
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