Orleans Conservation Commission
Town Hall, Nauset Room
Work Meeting, Tuesday, August 11, 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.
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. A request for a Continuance was submitted by Attorney Wall.
MOTION: A motion to continue this Hearing to the Meeting on September 1, 2009 was made by Bob Royce and seconded by Adrienne Pfluger.
VOTE: Unanimous.
DISCUSSIONS
Joanne Broderick, 11 Seaside Drive. This is a 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, and Joanne Broderick, the Applicant, were present. Ms. Sequin said the lot is fairly level and pitches toward Seaside Drive. Any runoff will drain away from the vernal pool. They will be replacing a semi-pervious driveway with an impervious addition. There is a well-defined lawn area around the dwelling with a row of Leland cypress marking the beginning of the vegetated buffer to the wetland on this property. Arnold Henson asked if the proposed addition could be moved outside of 100’? Ms. Sequin said the proposal is
to convert the existing kitchen to a dining area and add a new kitchen. This is the best layout for the new kitchen. James Trainor asked how far from the wetland the proposed addition was? Ms. Sequin said possibly 70’ from the edge of the wetland. Steve Phillips asked if they could go toward Seaside Drive? Ms. Sequin said maybe 5 or 6’, but they would still be within the 100’ buffer. Judith Bruce said the 100’ buffer to a vernal pool is for the animals to move freely, and asked if driveway could be eliminated within 100’? She suggested moving the driveway to the front of the building. Ms. Sequin said the septic system is in that area and cannot be driven over without alteration. Ms. Sequin said there is a gravel driveway to the neighbor’s house, between the Applicant’s property and the vernal pool. Jenny Wood said this proposal also has an entranceway, a porch, and a shower in the
buffer. There is room on this property to build the addition outside the buffer. Judith Bruce said this proposal is within the resource area, not the buffer. Arnold Henson said the overall Plan must be an improvement to approve building within a resource area.
David Hobson, 58 Pershing Lane. This is a discussion on the possibility of building a 12’ x 22’ addition within 34’ to the top of a coastal bank, and a 4’ x 5’ addition within 60’ to the top of the coastal bank. The work includes a modification of the roof. John Schnaible from Coastal Engineering, and Beatrice Bunker, the Architect, were present. (Jim O’Brien recused himself from the Discussion.) Mr. Schnaible said they want to modernize the roof lines but the roof can be no higher than the existing roof. The dwelling was built in the 1950s, and was originally a camp. The smaller addition will be a closet. The other addition entails moving a bedroom and re-doing the kitchen. The proposed additions are within the ACEC and 50’ of
the coastal bank. There are garage doors on the waterside of the cellar for boat storage. Jenny Wood asked what the change in roof line would look like? Ms. Bunker handed out the architectural drawings. Arnold Henson said they are increasing the coverage within the ACEC. Mr. Schnaible said they could remove walkways, some of the driveway, and a set of stairs on the north of the building. There is a vegetated area to the north with invasive species that could be replaced with native plants. Steve Phillips asked about the lawn area? Mr. Schnaible said the Applicant would like to keep the lawn area. Adrienne Pfluger asked if they were changing the number of bedrooms? Ms. Bunker said no, the dwelling will remain 3 bedrooms and there is no bedroom in the existing garage. Jamie Balliett asked how old the septic system was? Mr. Schnaible said cesspools were replaced with a Title 5 system 4 or 5 years ago. Judith Bruce
said she would like to see hardscape at this site removed equal to what is being proposed, as well as eliminating mowed lawn. She also asked for screening from the water. Steve Phillips asked if the garage could be removed? Ms. Bunker said no, then there would be no storage. Steve Phillips asked if the addition would be on a crawl space? Mr. Schnaible said yes. Judith Bruce said they are proposing to build within a resource area—the ACEC. There is plenty of room outside the resource area on this lot for building. Ms. Bunker asked where the Commission would like to see additional plantings? Mr. Henson said between the residence and the River.
CERTIFICATES OF COMPLIANCE
James and Colleen Young (2004), 10 Towhee Lane. The Certificate of Compliance request for an Order for a proposed covered walkway, addition, deck, patio, and covered porch was conditioned on a Planting Plan. The patio is in a different place than shown on the Site Plan. Some steps and a bump-out window are not shown on the Site Plan. There are large mulched areas. The plantings have not grown in very much. They removed the ivy as requested. Russ Holden, from Ryder & Wilcox, was present. Judith Bruce said the patio location was better than the proposed, but must be shown on an As-Built Plan, along with the other changes. Jenny Wood said the plants are in but are not spreading. The area could use more plants and attention. Mr. Holden asked if the area was on the north side of the dwelling? Ms. Wood
said yes, and the east. The mulched areas should be planted. This Certificate of Compliance will held and a letter will be sent.
Anne Fallon (2008), 19 Hofe Road. The Certificate of Compliance request is for an Order for a septic upgrade. They have a Certificate of Compliance from the Board of Health. The vegetation is stable.
MOTION: A motion to release this Certificate of Compliance was made by Judith Bruce and seconded by Bob Royce.
VOTE: Unanimous.
ADMINISTRATIVE REVIEWS
Mark and Catherine Hollinger, 149 Namequoit Road. This is an Application to take down two dead locusts on the coastal bank, cut six lower limbs off of 2 locusts and an English oak, cut the lower limbs off of a grove of maples, and prune a large oak of 20% of its interior limbs and dead limbs to reduce weight. In June 2006, this Applicant filed a Notice of Intent to repair: the deck on the house, the stairs to the dock, and the dock. They withdrew the work on the dock because the dock did not conform to the License. The Commission approved work on the stairs and the deck on the dwelling in anticipation of a separate filing for the dock. The Order does not have a Certificate of Compliance and there has been no further filing for the dock. David Chalker, from Bartlett Tree Experts, asked if he could amend
this Administrative Review to remove just the large, black locust near the dwelling. The rest of the work requested on the Administrative Review can wait. He said the Applicant has offered to replant in another part of the property. The deck repair requested in the 2006 Order was not done. Mr. Chalker said the Applicant is leaving soon and would like the dangerous tree removed before she leaves. The Commission requested a letter from Ryder & Wilcox, or another Engineer of the Applicant’s choice, stating they are working on getting the dock into compliance. Mr. Chalker said he will call the Engineer.
MOTION: A motion to approve the amended Administrative Review with only the removal of the 1 large black locust that is leaning over the dwelling, was made by James Trainor and seconded by Bob Royce.
VOTE: 6-1-0 Approved (Judith Bruce voted “Nay”).
Elizabeth Cochran, 47 Horseshoe Lane. This is a request to remove one limb of a pine tree overhanging the barn, and to create a drainage swale so that runoff will not go next to the barn. The grading away from the barn has already been done.
MOTION: A motion to approve this Administrative Review was made by Judith Bruce and seconded by Adrienne Pfluger.
VOTE: Unanimous.
John Reohr, 104 Freeman Lane. This is a request for an annual effort to remove bittersweet and poison ivy from the coastal bank. There is a good understory.
MOTION: A motion to approve this Administrative Review was made by Judith Bruce and seconded by Steve Phillips.
VOTE: Unanimous.
James Case, 28 Priscilla Road. This is a request for the after-the-fact pruning of shrubs between 5-6’ along the roadway within 50’ to the top of a coastal bank. This Administrative Review was filed at the Commission’s request. This vegetation appears to be an overgrown privet hedge with invasive species.
MOTION: A motion to approve this Administrative Review was made by Harry Herrick and seconded by Bob Royce.
VOTE: Unanimous.
CHAIRMAN’S BUSINESS
Approval of the Minutes from the Hearing/Work Meeting on August 4, 2009.
MOTION: A motion to approve the Minutes from the Hearing/Work Meeting on August 4, 2009 was made by Judith Bruce and seconded by Bob Royce.
VOTE: Unanimous.
The Site Visit was discussed by the Commission.
The Meeting was adjourned at 9:12 a.m.
Respectfully submitted,
Leslie Derrick, Conservation Commission Secretary
Approved Dated
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