Orleans Conservation Commission
Town Hall, Nauset Room
Hearing, Tuesday, August 18, 2009
PRESENT: Steve Phillips, Adrienne Pfluger, Bob Royce, Arnold Henson, Chairman; Judith Bruce, Vice-Chairman; Harry Herrick, James Trainor, (Members); Jamie Balliett, (Associate Member); and Jennifer Wood, Conservation Administrator.
ABSENT: Jim O’Brien, (Associate Member).
The Meeting opened at 8:30 a.m.
NOTICE OF INTENT
Barbara Barnette, 66 Tides End Lane by Ryder & Wilcox, Inc. The proposed construction of an earthen berm to help reduce flooding of the cellar of an antique barn. Work will occur within 100’ of a Salt Marsh, on a Coastal Bank, & within Land Subject to Coastal Storm Flowage & the Pleasant Bay ACEC. David Lyttle, from Ryder & Wilcox, and Barbara Barnette and her son, the Applicants, were present. Mr. Lyttle said the cellar of the barn is flooding during astronomical high tides. The barn was built in the mid-1800s with a stone foundation by Isacc Snow’s son. They have maintained the historic integrity of the barn. Mr. Lyttle said they propose to build a small earthen berm to elevation 8.5’. This is a foot higher than the regular high tides so that the barn will
not flood as often. A small drain will be installed in the concrete floor of the barn to drain the floodwaters out of the cellar when necessary. This drain will be connected to a 4” PVC pipe that will extend out beyond the berm. A flapper valve will be attached to the end of the pipe so that water can only run out. Arnold Henson asked how the berm would be stabilized? Mr. Lyttle said by planting native grasses. It may be possible to transplant the grass existing on the site now. Jamie Balliett asked for the amount of fill? Mr. Lyttle said about 15 to 20 yards. Jenny Wood asked about the legality of the flapper valve? Mr. Lyttle said you can’t discharge stormwater into wetlands. It is the discharging that is illegal, not flapper valves. This discharge is clean water and not from off the streets. Judith Bruce asked what was stored in the barn? Mrs. Barnette said nothing. The Order will be
conditioned on no storage of anything that could discharge into the River, including gas or fertilizers. Mr. Lyttle said there is a pipe in the wall in front of the barn that emits rainwater from the French drains on the side of the barn.
MOTION: A motion to approve this project, conditioned on no storage of any materials that could discharge into the River, including gas or fertilizers, was made by Steve Phillips and seconded by Bob Royce.
VOTE: Unanimous.
CONTINUATIONS
Jacquelyn & Robert Moore, II (JB1), 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 and a Coastal Beach, and within Land Subject to Coastal Storm Flowage & the Pleasant Bay ACEC. (Steve Phillips recused himself from this Hearing.) David Lyttle, from Ryder & Wilcox, and Robert Moore, the Applicant, were present. Mr. Lyttle said he has revised the Plan after the Site Visit with the 2 coastal specialists. The gabions have been reduced to fiber rolls located short of the right-of-way. Any end scour will be addressed on the Applicant’s property. No fill is proposed. They will plant any disturbed areas. Jamie Balliett asked if the north end
would have end scour? Mr. Lyttle said there is a gentle grade on that side. Jenny Wood asked if the rolls would be buried, and if there is an access to get fill in if it becomes necessary? Mr. Lyttle said the Order could be conditioned to keep the rolls covered as much as is shown on the Plan. The Commission requested an annual inspection to check on end scour.
MOTION: A motion to approve this project conditioned on the fiber rolls being covered as shown on the Site Plan, was made by Judith Bruce and seconded by Harry Herrick.
VOTE: 6-0-1 Approved (Steve Phillips abstained).
Gerald & Carolyn Mulligan (JB1), 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 Ecologcial Design, and the Mulligans, the Applicants, were present. Mr. Wilkinson said they have provided an Addendum to reflect the Site Visit with the 2 coastal specialists. An access route for small trucks for nourishment will be established across the lawn. A few cedars will be removed to create the access. They are going to nourish the beach in the Spring in front of the stone revetment to promote marsh growth. The current should move material to the area of the fiber rolls causing the beach to rise in that area as well. Mr. Lyttle said there was also a suggestion to install a sand drift fence, but he did not think it was necessary at this time. Steve Phillips asked about access to the beach? Mr. Lyttle said equipment may come down
over the gabions after they are covered. For nourishment they will cross the access way over the lawn and create a sand-chute to the beach. A mini-excavator would spread the sand out. Mr. Lyttle offered to present a Construction Protocol when they were ready to do the work. The Standard Conditions for Revetments will be a part of this Order. Arnold Henson asked about the west end? Mr. Wilkinson said they will continue to nourish the area to address any end scour, and the gabions will remain covered. This restoration may take 5 to 10 years and the Applicant will return to the Commission after this Order expires. They are attempting to re-establish a healthy marsh system. Arnold Henson asked why have fiber rolls on the eastern side at all? What are they protecting? Mr. Lyttle said they are trying to protect the bank and the dwelling, and the freshwater marsh behind the dwelling. Judith Bruce said the screening from the cedar
grove is good now and the house would be more exposed without the bank. Mr. Lyttle said he would show the changes on a Site Plan—the access corridor, the extent of the fill, and the area in front of the stone revetment on the beach that will be nourished. Adrienne Pfluger asked if the vegetation timeline would be extended for this work? Mr. Wilkinson said if they start soon, the timeline will work.
MOTION: A motion to continue this Hearing to the Meeting on August 25, 2009 was made by Bob Royce and seconded by Adrienne Pfluger.
VOTE: Unanimous.
Seppala/Weber (JB1), 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 the storm runoff will be collected on the high end of the property, near the road, and contained in catch basins outside the buffer zone. New Site Plans were revised to show shortened trenches, and the deck moved to the side of the dwelling. The leach pit locations for the drainage have been reconfigured to 2 separate pits instead of 1. This is a commercial property so a Stormwater Checklist was required from the State. Arnold Henson asked about the maintenance of the
basins and the Pollution Prevention Plan? Mr. Ellis said he would submit that information. He said they have gone to the Board of Health and the variance for the leaching field to be within 50’ of a drainage system was approved. Mr. Henson asked about the plantings between the building and the wetland? Mr. Ellis passed out a Landscaping Plan showing a vegetated buffer strip of highbush blueberries, clethra, low bush blueberries, and bayberry. Steve Phillips asked if they could make a vegetated berm along the road to prevent sheeting? Mr. Ellis said there is a lip there in the pavement that creates a slight berm and he offered to add plants in that area. Jamie Balliett asked how much fill was being brought in? Mr. Ellis said the cellar hole has already been dug, and they may be removing fill from the site.
MOTION: A motion to approve this project was made by Judith Bruce and seconded by Steve Phillips.
VOTE: Unanimous.
CERTIFICATES OF COMPLIANCE
Keyspan Energy (2007), Portanimicut Road/Indian Fort Hill Lane. This Certificate of Compliance request is for an Order for a gas line installation. We have received an As-Built Plan for Fort Hill Lane. There has been some erosion off of Portanimicut Road since this installation, but it is well-vegetated now.
MOTION: A motion to release this Certificate of Compliance was made by Judith Bruce and seconded by Adrienne Pfluger.
VOTE: Unanimous.
Keyspan Energy (2002), Tides End Lane. This Certificate of Compliance request is for an Order for a gas line installation. No changes to the Site Plan have been listed.
MOTION: A motion to release this Certificate of Compliance was made by Bob Royce and seconded by Judith Bruce
VOTE: Unanimous.
Colonial Gas Co (1999), Cedar Land Road. This Certificate of Compliance request is for an Order for a gas line installation on Cedar Land Road. An
As-Built Plan was submitted showing that instead of stopping at the end of Samoset Road, the gas line continued down Samoset Road past another wetland without further filing.
MOTION: A motion to release this Certificate of Compliance was made by Judith Bruce and seconded by Adrienne Pfluger.
VOTE: Unanimous.
Pablo Parada Pentz (Seppala) (2004), 23 Brewster Cross Road. This Certificate of Compliance request is for the construction of a garage and deck, and was amended to eliminate the garage and build a parking area. The Order was conditioned on a row of shrubs to delineate the 25’ buffer to the wetland. The shrubs have been planted and are doing well.
MOTION: A motion to release this Certificate of Compliance was made by Judith Bruce and seconded by Adrienne Pfluger.
VOTE: Unanimous.
ADMINISTRATIVE REVIEW
Christopher Ewen, 220 Brick Hill Road. This is a request to put in an irrigation well just inside the 75’ buffer to a Bordering Vegetated Wetland. The work will be done by Desmond Well Drilling. The well will be near the barn on this property with antique cars in it, and Judith Bruce asked where the wash water will go? This Administrative Review will be placed on hold for more information on what is being irrigated.
CHAIRMAN’S BUSINESS
Approval of the Minutes from the Work Meeting on August 11, 2009.
MOTION: A motion to approve the Minutes from the Work Meeting on August 11, 2009 was made by Judith Bruce and seconded by Adrienne Pfluger.
VOTE: Unanimous.
The Meeting was adjourned at 9:26 a.m.
Respectfully submitted,
Leslie Derrick, Conservation Commission Secretary
Approved Dated
| 
