Orleans Conservation Commission
Town Hall, Nauset Room
Work Meeting, Tuesday, September 8, 2009
PRESENT: Steve Phillips, 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: Adrienne Pfluger, (Member).
The Meeting opened at 8:30 a.m.
CONTINUATIONS
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 Marcel DesRochers, the Landscaper, were present. Mr. Lyttle said the Site Plan has been revised to show a 25’ vegetated buffer to the vernal pool. A Plant List by Wilkinson Ecological Design has been submitted showing the species and density. Arnold Henson asked about the mowing that extends into the wetland near the shed? Mr. Lyttle said he would install stakes to mark that area for the Pell’s Landscaper so that it would not be mowed. Mr. Lyttle said the Applicants plan on returning to the Commission to remove invasive species and replant with natives. Jenny Wood asked that the Order be conditioned that in the Spring, when the vernal pool animals are moving, there must be no open cellar holes or
trenches for them to fall into. Attorney Turano-Flores said the construction will begin this Fall, and agreed there will be no open cellar holes or trenches in the Spring.
MOTION: A motion to approve this project, with the Site Plan dated September 2, 2009, conditioned on a 25’ buffer to the vernal pool and demarcation of the freshwater wetland so that it will not be mowed, Standard Conditions for Planting Plans, and that there will be no open cellar holes or trenches in the Spring, was made by Judith Bruce and seconded by Harry Herrick.
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 Ellen Crenshaw, the Applicants, were present. Mr. Schnaible passed out sketch Plans showing expanded mitigation areas on both sides of the tracks to the water. There is a single-rail split-rail fence to separate the naturalized area from the lawn area. Arnold Henson said the Commission must make sure the overall improvement to the ACEC is more than enough to offset the added building within the ACEC. James Trainor said they have moved the activity away from the top of the bank, and the
plantings will assist in catching runoff from going into Pleasant Bay. Jenny Wood said the Planting Plan does not contain enough information to naturalize the area. Invasive species are difficult to get rid of. She said they could plant replacement trees behind the other trees as there are few young trees. She asked why the naturalized area did not go to the top of the bank? Mr. Hobson said that is where he likes to sit. He said he is not planting within the beach grass area. He will plant on the landward side of that area and just dig holes for the bushes. The grasses will remain around the new plantings to maintain the stability of the bank. All the trees are staying. The bittersweet near the north corner of the house will be cleared away by hand. Arnold Henson asked who will do the landscaping? Mr. Hobson said he will hire a local Landscaper. He agreed to replace the large trees if they come down in
the future.
MOTION: A motion to approve this project with the Site Plan dated September 4, 2009, conditioned on the Landscaper being able to demonstrate the ability to naturalize this area to the Conservation Administrator or the Conservation Commission before commencing work at this location, and that replacement trees will be planted if any of the large trees between the house and the water come down, was made by Judith Bruce and seconded by Bob Royce.
VOTE: Unanimous.
DISCUSSION
Leo Swift, 26 Country Crossing. Discussion by David Lyttle, from Ryder and Wilcox, on the possibility of an addition within 50’ to a ditch that connects two wetlands and would be considered a resource area. Mr. Lyttle said the ditch connects an old bog to the southeast of the dwelling to the pond off of Brick Hill Extension. The ditch is dry now, but runs during the Spring. They want to add a 2-car garage with living space above it and convert the existing garage into additional living space within 50’ of the ditch. The existing lawn goes right up to the edge of the ditch, and they could create a buffer along the ditch. David Normandy will be the Builder. Jenny Wood said a previous Order created a 5’ buffer along the ditch and in the area of an old shed. Where is
that buffer? Judith Bruce asked if the addition could be in front of the house? Jenny Wood asked if the garage had to be attached? Mr. Lyttle said moving the addition to the front of the dwelling would not work with the setup of the house and they wanted an attached garage. Mr. Lyttle suggested a Site Visit. The Commission agreed to make a Site Visit after the Meeting today.
CERTIFICATES OF COMPLIANCE
Dorothy Browning (2000), 193 Quanset Road. This Certificate of Compliance request is for an Order for the construction of a garage and breezeway, and the installation of a septic tank that was built as shown on the Site Plan. Katelyn Siddell, from East Cape Engineering, and Dorothy Browning, the Applicant, were present.
MOTION: A motion to release this Certificate of Compliance was made by Judith Bruce and seconded by Jamie Balliett.
VOTE: Unanimous.
Dorothy Browning (2004), 193 Quanset Road. This Certificate of Compliance request is for an Order for replanting of the coastal bank, removal of the existing timber wall, construction of: an in-ground stairway, a wooden patio, a walkway, fieldstone steps, a concrete slab, and the removal of two trees. There is a $4,000 bond incorporated into this Order that will be released with the Certificate of Compliance. The construction work was built as shown. There is a fence around the concrete slab by the garage. There is a good cover of bearberry on and near the timber steps down the bank. There is an open area near the stairway but there is good screening provided by large trees on the remainder of the bank. Only a few of the young trees that went in survived. There is one area near the patio that has
sparse vegetation but does not have any runoff.
MOTION: A motion to release this Certificate of Compliance was made by Jamie Balliett and seconded by Bob Royce.
VOTE: Unanimous.
MOTION: A motion to release the Bond for this project was made by Bob Royce and seconded by Judith Bruce.
VOTE: Unanimous.
ADMINISTRATIVE REVIEWS
Town of Orleans (Parks Department), Wildflower Lane. This is a request to place 10-12 rocks from 2’-3’ in size to define the parking area so vehicles cannot encroach on the existing vegetation. Paul Fulcher, Superintendent of the Parks and Beaches Department, said he would return to the Commission to remove fill left from the previous construction project and to replant.
MOTION: A motion to approve this Administrative Review was made by Judith Bruce and seconded by Bob Royce.
VOTE: Unanimous.
Town of Orleans (Parks Department), ORV Beach Road. This is a request to protect terrapins by rerouting ORV traffic from the back trail to the front beach. The new trail will be along the southern portion of the Pochet overwash where there is no vegetation. The roadway will be staked and posted. Mr. Fulcher said this is a temporary road for about 2 to 3 weeks that will divert traffic from the overwash area to the front beach that connects with Trail 1.
MOTION: A motion to approve this Administrative Review was made by Bob Royce and seconded by Harry Herrick.
VOTE: Unanimous.
CERTIFICATE OF COMPLIANCE (CONTINUED)
Richard and Jeanne Berdick (2002), 150 Quanset Road. This Certificate of Compliance request is for an Order for vegetation restoration that was heard April 21, 2009 and held for the meadow to grow in. The meadow has grown in and the restoration plants on this site are very impressive.
MOTION: A motion to release this Certificate of Compliance was made by Judith Bruce and seconded by Bob Royce.
VOTE: Unanimous.
ADMINISTRATIVE REVIEWS (CONTINUED)
Applewood Realty Trust, Davis Road Landing. This is a request to remove one tree that is a hazard near the parking area.
MOTION: A motion to approve this Administrative Review was made by Bob Royce and seconded by Judith Bruce.
VOTE: Unanimous.
Richard and Dee Kling, 168 Quanset Road. This is a request to replace a shed that was removed under an Administrative Review in 2008, and was to be replaced in the same area. They would like to put the shed further to the north. It will be slightly further from a freshwater pond and the coastal bank than the existing shed was and still within the ACEC. The 10’ x 12’ shed could be placed outside the resource area, but that would put it in the front yard and they have found a flat area behind the house.
MOTION: A motion to approve this Administrative Review was made by Judith Bruce and seconded by Harry Herrick.
VOTE: Unanimous.
Richard Ursitti, 100 Beach Road. This is a request to prune dead limbs out of two trees next to the deck between 50 to 100’ to a freshwater wetland. This Order for the dwelling at this site does not have a Certificate of Compliance but it is being requested. These trees are very close to the new dwelling.
MOTION: A motion to approve this Administrative Review was made by Bob Royce and seconded by Judith Bruce.
VOTE: Unanimous.
Peter Kennedy, 4 Tides End Lane. This is a request to replace a flag pole that has been set in concrete with only stone and sand at the base. The flag pole is within the ACEC and Land Subject to Coastal Storm Flowage. The flag pole was set in concrete at this location without filing with the Conservation Commission. Any foundation in this area would require a variance and a Notice of Intent. The Commission requested that the Owner be contacted for more information on other possible sites.
Orleans Conservation Trust (OCT), (Kris Ramsey), 145 Main Street. This Administrative Review request was heard August 25, 2009. The Commission asked that the large Tree-of-Heaven be removed and replaced with a native tree. The OCT has agreed to this request.
MOTION: A motion to approve this Administrative Review was made by Judith Bruce and seconded by Harry Herrick.
VOTE: Unanimous.
REQUEST TO USE A CONSERVATION PROPERTY
Windmill Park, Wedding, July 31, 2010. Leigha Comolli and Chris Phen, 130 people, 5:00-6:00 p.m.
MOTION: A motion to approve this activity at the Windmill Park Conservation Area 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 September 1, 2009.
MOTION: A motion to approve the Minutes from the Hearing/Work Meeting on September 1, 2009 was made by Bob Royce and seconded by Judith Bruce.
VOTE: Unanimous.
The Site Visits were discussed by the Commissioners.
The Meeting was adjourned at 9:15 a.m.
Respectfully submitted,
Leslie Derrick, Conservation Commission Secretary
Approved Dated
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