Orleans Conservation Commission
Town Hall, Nauset Room
Hearing, Tuesday, September 1, 2009
PRESENT: Steve Phillips, Adrienne Pfluger, Bob Royce, Arnold Henson, Chairman; Judith Bruce, Vice-Chairman; Harry Herrick, James Trainor, (Members); and Jamie Balliett, (Associate Member).
ABSENT: Jim O’Brien, (Associate Member); and Jennifer Wood, Conservation Administrator.
The Meeting opened at 8:30 a.m.
NOTICES OF INTENT
Richard & Lisa Pell, 114, 116, & 118 Barley Neck Road by Ryder & Wilcox, Inc. The proposed removal of an existing dwelling & the construction of a new dwelling & guest house; grading & landscaping. The existing septic system will remain in use. Work will occur within 100’ of an Inland Wetland & a Vernal Pool. David Lyttle, from Ryder & Wilcox, Sarah Turano-Flores, the Attorney for the Applicants, and Peter Polhemus, the Architect, were present. Mr. Lyttle said they have swapped the location of the dwelling and the guest house. The barn will remain instead of being removed, and a small section of the proposed
6-bedroom dwelling will be built within the buffer. The only work within the 100’ buffer to the vernal pool is the removal of the existing dwelling. Mr. Lyttle said he has shown the edge of clearing on the Site Plan and this lot will have a Cape Cod lawn. On the southerly side of the property, where there is an isolated wetland, are a couple of sheds. There used to be a dwelling by the sheds that burned down 8 years ago. The Applicants went before the Planning Board and combined the 3 lots into 1. There are existing paths through the wetland areas of the property. Mr. Lyttle said the septic system will remain for the 2 dwellings and the existing barn. He said the buffer to the vernal pool will be undisturbed, except for the existing Cape Cod lawn and where the house is being removed. Arnold Henson
said the cleared area goes close to the wetland. He asked for a split-rail fence to protect the buffer zone and to stop the mowing. Attorney Turano-Flores asked if they could plant native shrubs instead of installing a fence? Arnold Henson said a vegetated buffer with no mowing around or through it would be acceptable to the Commission. Judith Bruce said the 100’ buffer to the vernal pool is the resource area. Mr. Lyttle said the house is proposed 100’ from the vernal pool and he will provide a 25’ vegetated buffer. Steve Phillips asked if the outside shower for the guest house could be added to the Site Plan, and if the 2 sheds within the resource area could be relocated? Mr. Lyttle said no, the Applicants want to keep the lawn and the sheds within the buffer, and the outside shower is outside of the Commission’s jurisdiction. Mr. Phillips said he wanted the Site Plan to reflect what is located on the site. Arnold Henson said 1 shed is very close to the wetland. Mr.
Lyttle said that shed is used for storage. James Trainor asked if there are going to be living quarters within the barn? Mr. Lyttle said no. Jamie Balliett asked if there were any issues with the Historical Commission? Attorney Turano-Flores said this project was reviewed on April 11, 2008 and has had the 12-month delay required for the demolition of the existing house. Arnold Henson asked if there was any other work proposed near the existing sheds? Mr. Lyttle said no work is proposed on the southerly portion of the lot. The Commission requested time to look at the new Site Plan. Mr. Polhemus asked for the project to be approved as there is a time constraint on parts of the existing house to be removed by an interested party. Arnold Henson said he would like to see the defined limit of the new plantings shown on the Site Plan.
MOTION: A motion to continue this Hearing to the Meeting on September 8, 2009 was made by Bob Royce and seconded by Adrienne Pfluger.
VOTE: Unanimous.
Mary Hidden, 10 Bufflehead Lane by Ryder & Wilcox, Inc. The proposed removal of invasive species & the planting of native species. Work will occur within 100’ of a Coastal Bank & Salt Marsh, & on Land Subject to Coastal Storm Flowage. David Lyttle, from Ryder & Wilcox, Seth Wilkinson, from Wilkinson Ecological Design, and Molly Hidden, the Applicant, were present. Mr. Wilkinson said this project will be an extension of work that he has performed on abutting properties. They will be removing the invasive shrub honeysuckle and bittersweet with a phased approach. Mr. Wilkinson said he has shown all the work, including outside the buffers. Arnold Henson asked how many trees will need to be removed? Mr. Wilkinson said they are not going to be removing trees, just invasive shrubs. David Lyttle read the variance request into the record.
MOTION: A motion to approve this project with the Site Plan dated August 12, 2009 and its variance was made by Judith Bruce and seconded by Bob Royce.
VOTE: Unanimous.
David Hobson, 58 Pershing Lane by Coastal Engineering Co., Inc. The proposed construction of 2 additions to an existing dwelling. Work will occur within 50’ of the Top of a Coastal Bank & within the Pleasant Bay ACEC. John Schnaible, from Coastal Engineering, Beatrice Bunker, the Architect, David Hobson and his sister, Ellen Crenshaw, the Applicants, were present. The house was built in the 1940’s by Mr. Hobson’s father and is a 1-story, 3-bedroom dwelling. The new septic system was installed 3 years ago. There is an existing garage that is used for boat storage. Arnold Henson said the lot has been cleared right to the water’s edge. He said he would like the vegetation in the buffer zones to be improved between the house and the River. Mr. Schnaible said they are
proposing 2 small additions on the landward side of the house--a 20’ addition in one corner and a 280 square foot addition in the other corner. The roof modification is to update the structure. They are removing hardscape and planting mitigation on the northeast of the property will include beach plum and bayberry, and they are removing invasives and planting native species. There will be gutters and downspouts to direct any runoff to dry wells. Arnold Henson said he wants to be sure the interests are protected within the ACEC. Now there is no naturalized vegetation between the house and the River. He wants to see more improvement in that area. The other Commissioners agreed. Judith Bruce said the mowing of the coastal bank should stop. They are now proposing more structure within the ACEC and within 50’ of the resource area. Ms. Bruce asked if they were removing the set of steps right by the house? Mr. Schnaible
said those steps are remaining. The set of steps to the other side of the house are being removed and replaced with a retaining wall. Adrienne Pfluger asked if the remaining structures to be removed would be replaced with grass? Mr. Schnaible said yes, and the Applicants want to keep the southeast side the way is it. Mr. Schnaible offered a 10’ vegetated strip from the edge of the beach grass, or an increase in plantings on the north side of the lot from 5’ to 10’. Arnold Henson said the mowed lawn goes beyond that area, and he asked that more of the lawn be removed. He asked if the lawn could be pushed back out of the coastal bank? Steve Phillips asked if the area where the tracks were being removed was going to be restored? Mr. Schnaible said it will be just grass, no fill. Steve Phillips asked who would be doing the restoration planting? Mr. Hobson said he has no intention of doing the planting himself. He
would hire a local landscaper. Jamie Balliett clarified that they will be doubling the size of the vegetated strip on the north side and will insert a 5’ vegetated strip on the south side. Arnold Henson asked again if they would consider naturalizing the area to the top of the bank that is at the 13’ contour? He suggested a split-rail fence to protect the bank. Judith Bruce said a more naturalized buffer would hold the rainwater better and provide wildlife habitat. Mr. Schnaible said they will provide plantings in an approximately 500 square foot location along the edge of the beach, and they will remove invasive species in another 700 square foot area. Judith Bruce said she would like to see a formalized Plan. Adrienne Pfluger asked about the roof modifications? Ms. Bunker said there is a sag in the roof that they will be removing. A new dormer will be built but there will be no increase to the ridge height or volume. The
construction debris will be contained inside the dwelling and removed from the site.
MOTION: A motion to continue this hearing to the Meeting on September 8, 2009 was made by Adrienne Pfluger and seconded by Bob Royce.
VOTE: Unanimous.
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. David Chalker, from Bartlett Tree Experts, Attorney Wall representing the Applicants, Tru Nichols and Rives McGinley, the Applicants, were present. Mr. Chalker said they have reduced the scope of the project. The work will only be pruning down the trees on the bank and removing the bittersweet from the trees. Arnold Henson asked to confirm the extent of the pruning. Mr. Chalker said there will be annual pruning for 3 years with 3’ at the
most being removed from oaks and cherries and 2’ from cedars and pitch pines. Judith Bruce said on the Site Plan there is 1 cedar being reduced more than 6’. Mr. Chalker said that tree is full of vines with a huge top that has no foliage. It will take more than 3 years to reduce the tree.
MOTION: A motion to approve this project, reduced to only pruning down the trees on the bank and removing bittersweet from the trees, with the approved Site Plan showing the pruning specifics, was made by Judith Bruce and seconded by Adrienne Pfluger.
VOTE: Unanimous.
ADMINISTRATIVE REVIEWS
Elizabeth Spicka, 24 Uncle Mark’s Way. This is a request to remove 14 invasive maple trees. Most of these trees are saplings. Only one of these trees is large and it is behind a stockade fence, not between the dwelling and the marsh. The Applicant also wants to remove bittersweet vines and English ivy from several trees.
MOTION: A motion to approve this Administrative Review was made by Judith Bruce and seconded by Adrienne Pfluger.
VOTE: Unanimous.
Brian Harrington (Stephanie Perrin), 217 Rock Harbor Road. This is a request to erect a 60’ x 40’ party tent for 4 days on the lawn behind the house for the wedding of a relative. Part of the tent will be approximately 75’ to the salt marsh. There is a good vegetated border between the lawn and the marsh. There will also be 2 portable toilets.
MOTION: A motion to approve this Administrative Review was made by Bob Royce and seconded by Judith Bruce.
VOTE: Unanimous.
Michael Miller, 31 Woodsneck Road. This is a request to remodel an existing wall with new windows and doors. This design has more windows than the existing. There will be no change in footprint. The work will be done by Nickerson Home Improvement.
MOTION: A motion to approve this Administrative Review was made by Steve Phillips and seconded by Bob Royce.
VOTE: Unanimous.
Thomas B. Woods, 7 Larboard Lane. This is a request to remove one black cherry that is rotten at the base and near a shed. The tree will be replaced with an inkberry. The work will be done by Colson’s Landscaping.
MOTION: A motion to approve this Administrative Review was made by Adrienne Pfluger and seconded by Judith Bruce.
VOTE: Unanimous.
REQUEST TO APPROVE A LANDSCAPING PLAN
Cochran-English (2008), 118 Arey’s Lane. The Landscaping Plan by Phil Cheney shows the installation of native plants to fill in the open area by the path to the shore of Pilgrim Lake, as requested in the Order. They are proposing granite or fieldstone treads down the bank to the shore and two small bluestone walkways near the dwelling. The ornamental flower garden and lawn shown within 50’ of the top of a coastal bank and within the ACEC are existing. They would like to do some minor pruning along the path by removing: the lower branch of one large oak, one small cherry tree, and a branch off of a small oak. They would like to remove a section of English ivy. When the Certificate of Compliance is requested for this project, the stairs must be included on an As-Built Plan.
MOTION: A motion to approve the Landscaping Plan by Phil Cheney dated July 23, 2009 and revised August 31, 2009 was made by Judith Bruce and seconded by Bob Royce.
VOTE: Unanimous.
CHAIRMAN’S BUSINESS
Approval of the Minutes from the Work Meeting on August 25, 2009.
MOTION: A motion to approve the Minutes from the Work Meeting on August 25, 2009 was made by Adrienne Pfluger and seconded by Harry Herrick.
VOTE: 6-0-1 Approved (Steve Phillips abstained).
The Meeting was adjourned at 9:34 a.m.
Respectfully submitted,
Leslie Derrick, Conservation Commission Secretary
Approved Dated
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