Orleans Conservation Commission
Town Hall, Nauset Room
Work Meeting, Tuesday, September 22, 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.
DISCUSSION
Leo Swift, 26 Country Crossing, Representative David Lyttle, from Ryder & Wilcox. Discussion on the possibility of an addition within 50’ to a ditch that connects two wetlands and would be considered a resource area. The Commission made a Site Visit to this property after the Meeting on September 8, 2009. Mr. Lyttle said he has talked to his Client. The large area to the northwest within the 50’ buffer was cleared due to tree damage caused by the storm in December of 2005. There was no filing. The mitigation buffer along the ditch was planted, and the Order has a Certificate of Compliance. Then Cape Cod Mosquito Control came through with a mini-excavator to keep the ditch open, and left piles of dirt on either side of the ditch covering the plantings. Mr. Lyttle asked if
he came in with a substantial Mitigation Planting Plan between the ditch and the dwelling, would the Commission consider an addition where the existing garage is? Judith Bruce said the entire property is mowed and she asked that they establish more naturalized area on this lot. An overall improvement must be shown. Steve Phillips asked if the northern side of the lot where all the trees came down could be naturalized more? Judith Bruce said none of the mitigation for the last development project on this property is there.
CERTIFICATE OF COMPLIANCE
Kurt Martin (2003), 69 Rayber Road. This request is for a Certificate of Compliance for an Order for a building with 2 apartments, 3 storage bays, and parking, and was heard on December 2, 2008 and held for a demarcation of the 50’ buffer to prevent mowing. Large rocks 5’ apart have been placed along the 50’ buffer. A Continuing Condition will remain on the Certificate of Compliance to maintain the drainage system annually.
MOTION: A motion to release this Certificate of Compliance was made by Bob Royce and seconded by Judith Bruce.
VOTE: Unanimous.
ADMINISTRATIVE REVIEWS
John Nichols, 45 Nichols Road. This is a request to dig a trench along an existing path to install a water line from an existing well to the dwelling. The well is approximately 75’ to the top of a coastal bank. The Site Plan is by Ryder and Wilcox.
MOTION: A motion to approve this Administrative Review was made by Judith Bruce and seconded by Bob Royce.
VOTE: Unanimous.
Peter and Susan Begin, 3 Seaside Drive. This is a request to dig test holes within 100’ of two freshwater wetlands and within 50’ of the ditch that runs between them. The request was filed by Ryder and Wilcox. There is no other feasible site for the test holes.
MOTION: A motion to approve this Administrative Review was made by Adrienne Pfluger and seconded by Judith Bruce.
VOTE: Unanimous.
Herman Vandevenne, 75 Gosnold Road. This is a request to cut down at least 15 trees, most of which are scotch pines that are dying from bark beetles. Some are red cedars. This area has a thick carpet of English ivy and no young replacement trees would survive here without removal of the ivy. Some of the trees have cavities hollowed out by birds. These trees are not near the dwelling. There is no Site Plan showing the top of the coastal bank on this property. Mr. Vandevenne said there are 2 large pine trees near the house and he is concerned about safety. He would like to remove all the dead trees. There are 20 to 50. Mr. Vandevenne said he would be willing to plant trees, but it is too expensive to remove the English ivy. He would cut the ivy away from the trees every couple of years. Jenny Wood said none of the trees were tagged. She doesn’t know what is going out or being planted. Judith Bruce said dying trees provide habitat. If the trees are not dangerous, they should
remain. Arnold Henson said this Administrative Review could be amended to remove only the 2 dangerous trees close to the house. The larger project for the removal of the rest of the dead trees and the restoration of this buffer would need to be filed as a Notice of Intent with Conditions. Jenny Wood asked to have the 2 trees to be removed tagged.
MOTION: A motion to approve this amended Administrative Review for the removal of 2 trees close to the dwelling, subject to the Conservation Administrator going out to the site to confirm the specific trees, was made by Bob Royce and seconded by Harry Herrick.
VOTE: Unanimous.
William Vaughan, 101 Briar Spring Road. This is a request to remove most of a large pitch pine that is too near the dwelling and 1 small leaning tree next to this large pitch pine. A high stump will be left. There are other trees in this area near a freshwater wetland.
MOTION: A motion to approve this Administrative Review was made by Judith Bruce and seconded by Bob Royce.
VOTE: Unanimous.
Phillip Benton, 34 Twinings Lane. This is a request filed by Bartlett’s Tree Service to maintain 20 oaks on a coastal bank by crown-pruning 2’. This work has been done in 2007 and 2008.
MOTION: A motion to approve this Administrative Review was made by Steve Phillips and seconded by Adrienne Pfluger.
VOTE: Unanimous.
John Finlay, 155 Rock Harbor Road. This is a request to clear the rest of a 30’ x 55’ area that has 2 boats stored in it next to the marsh. 3 trees--1 cherry and 2 cedars--will be removed. The Applicant also wants to clear two 4’ x 25’ areas by the corner of the drive for better sight onto the road--one along the drive, and the other along the road. The Applicant also wants to mow a path in the edge of the marsh from the house to the boat storage area. The Regulations only allow a path to the resource area, not through the resource area. This part of the Administrative Review will be deleted.
MOTION: A motion to approve this amended Administrative Review was made by Judith Bruce and seconded by Bob Royce.
VOTE: Unanimous.
Andy Busser, 14 Winslow Drive. This request was heard July 21, 2009 and held for a Site Plan showing the existing trees and a Planting Plan. A Planting Plan has been submitted by Phil Cheney showing the existing trees and the planting of 2 red maples and 9 shrubs near the edge of Uncle Seth’s Pond. The request is to remove 8 large dead pine trees and 1 oak along with two log piles and brush from cherry trees. They intend to address the creosote retaining wall and cutting of shrubs along the wall in a future Notice of Intent filing. The Conservation Administrator said there is a restoration component to this Plan, with a record showing all the existing trees.
MOTION: A motion to approve this Administrative Review was made by Bob Royce and seconded by Steve Phillips.
VOTE: Unanimous.
RELEASE OF BOND
Frederick Coons (2006), 100 Tar Kiln Road. The bond for $2000.00 was kept 3 years to insure that the vegetation was stable. It is mostly a lawn area and there is no erosion. The Certificate of Compliance has already been released on this Order for the sale of the property.
MOTION: A motion to release this Performance Bond was made by Judith Bruce and seconded by Adrienne Pfluger.
VOTE: Unanimous.
REQUEST TO USE A CONSERVATION PROPERTY
Windmill Park, Wedding, October 10, 2009, Christopher Beach/Stacy Anderson 40 people, 12-1:00 p.m.
MOTION: A motion to approve this activity at the Windmill Park Conservation Area was made by Judith Bruce and seconded by Adrienne Pfluger.
VOTE: Unanimous.
CHAIRMAN’S BUSINESS
Approval of the Minutes from the Hearing/Work Meeting on September 15, 2009.
MOTION: A motion to approve the Minutes from the Hearing/Work Meeting on September 15, 2009 was made by Judith Bruce and seconded by Bob Royce.
VOTE: 7-0-2 Approved (Adrienne Pfluger and Arnold Henson abstained, 2 Associate Members voted).
The Site Visits were discussed by the Commissioners.
The Meeting was adjourned at 9:00 a.m.
Respectfully submitted,
Leslie Derrick, Conservation Commission Secretary
Approved Dated
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