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Conservation Commission Minutes from 2009/08/25
Orleans Conservation Commission
Town Hall, Nauset Room
Work Meeting, Tuesday, August 25, 2009
                                        

PRESENT:  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.  

ABSENT:  Steve Phillips, (Member).

The Meeting opened at 8:30 a.m.

CONTINUATION
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, and Gerald and Carolyn Mulligan, the Applicants, were present. Mr. Lyttle said the Plan has been revised as requested last week and shows the access road, the extent of fill next to the gabion extension, and the Spring nourishment area in front of the stone revetment where there is no marsh.  Mr. Lyttle said 60 to 70 yards of sand will be added this Spring.  The annual amount is likely to decline and will be determined in the Spring by the condition of the bank and marsh.  Arnold Henson said he wanted to be sure there was an appropriate return on the far eastern end so that area would not suffer from end scour. Mr. Lyttle said they will keep nourishing that area as needed and that location drops off to a gentle slope. Mr. Henson said for the long-term, the bay may cut through in that location and change the freshwater marsh to salt.  Mr. Lyttle said he thought that was a long time in the future and erosion would then occur on 3 sides of the dwelling.  The Special Conditions for Coastal Erosion Structures (CES) will be placed on the Order and will include keeping the gabions and fiber rolls covered as shown on the Site Plan.  The beach nourishment will be a Special Condition and the amount will be determined annually with the Conservation Administrator or the Conservation Commission.  

MOTION:  A motion to approve this project, with the Special Conditions for Coastal Erosion Structures (CES) plus an annual determination by the Conservation Administrator or the Commission on the amount of Spring nourishment, was made by Judith Bruce and seconded by Bob Royce.

VOTE:  Unanimous.

CERTIFICATE OF COMPLIANCE
Brian Seppala (Weber) 2004, 21 Brewster Cross Road.  This is a Certificate of Compliance request for an Order for a commercial building with an apartment where the only work that went forward was the excavation of the cellar hole.  A new Order for similar work has now been approved and recorded.

MOTION:  A motion to release this Certificate of Compliance was made by Judith Bruce and seconded by Bob Royce.

VOTE:  Unanimous.   

ADMINISTRATIVE REVIEWS
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. This was discussed last week and held for more information. This well is to be used for irrigation, according to Ryder and Wilcox.

MOTION:  A motion to approve this Administrative Review was made by Judith Bruce and seconded by Adrienne Pfluger.

VOTE:  Unanimous.   

Jim Studley, 64 Tides End Lane.  This is a request to remove 5 dead red cedars near the top of a coastal bank and salt marsh, and to replant other trees.  The trees to be planted will be natives.  

MOTION:  A motion to approve this Administrative Review was made by Harry Herrick and seconded by Adrienne Pfluger.

VOTE:  Unanimous.   

Orleans Conservation Trust (OCT), (Kris Ramsey), 145 Main Street.  Most of the OCT property on Main Street is mowed and provides a view to Boland Pond. They would like to keep the view open by pruning some lower branches on1 large Tree-of-Heaven and cutting at the base any small Trees-of-Heaven and bittersweet vines impeding the view. They would like to do regular maintenance on the property by removing 2 declining hemlocks and pruning a row of forsythia. Judith Bruce said they should remove the Tree-of-Heaven, not just prune it.  Mr. Ramsey said it is a large tree that provides shade.  They have no plans to replace it at this time, but he will return to the OCT and ask.  He said he would collaborate with the Tree Warden.  This Administrative Review request will be placed on hold.   

Roger Pearse, 70 Champlain Road.  This is a request to remove the center elevated section of the gravel driveway and add 2” of T-base hardener and resurface with ¾” of bluestone. This work is in Land Subject to Coastal Storm Flowage and within the buffer to Nauset Harbor. Ryder and Wilcox is the Representative, and Cape Cod Tree and Landscape is doing the work.  (Adrienne Pfluger recused herself from this discussion.) The Conservation Administrator said David Lyttle, from Ryder & Wilcox, is going to oversee this project.  There is a Contractor’s Statement from Chris Smith of Cape Cod Tree and Landscape.  Arnold Henson said this is a repair. James Trainor said the T-base will hold the bluestone in place on the driveway.

MOTION:  A motion to approve this Administrative Review only for the work outlined on the Contractor’s Statement from Cape Cod Tree and Landscape and must be completed by that Contractor with David Lyttle overseeing the work, was made by Judith Bruce and seconded by Harry Herrick.

VOTE:  6-0-1 Approved (Adrienne Pfluger abstained).   

Stanley Charm, 17 Marsh Lane.  This is a request to build a 10’x 12’ shed just outside the ACEC and 69’ from the top of a coastal bank. One 8” (in diameter) pine tree will have to be removed.  Stephanie Sequin, from Ryder & Wilcox, said the shed will be built on sonotubes and a Bobcat will be used to excavate.  If the shed is located outside of the 100’ buffer, more trees will have to be removed.  The proposed site for the shed is within a lawn area.  

MOTION:  A motion to approve this Administrative Review was made by Judith Bruce and seconded by Bob Royce.

VOTE:  Unanimous.   

CHAIRMAN’S BUSINESS
Approval of the Minutes from the Hearing/Work Meeting on August 18, 2009.

MOTION:  A motion to approve the Minutes from the Hearing/Work Meeting on August 18, 2009 was made by Adrienne Pfluger and seconded by Judith Bruce.

VOTE:  Unanimous.   

The Site Visits were discussed by the Commissioners.

The Meeting was adjourned at 8:50 a.m.

Respectfully submitted,

Leslie Derrick, Conservation Commission Secretary



Approved                                                        Dated