Orleans Conservation Commission
Town Hall, Nauset Room
Hearing, Tuesday, October 6, 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.
REQUEST FOR DETERMINATION
Town of Orleans/Highway Department, Intersection/Finlay & Giddiah Hill, within the road layout between Parcels 7 & 9, by Stearns & Wheler, LLC. The proposed installation of a leaching pit structure & a catch basin. Work will be within the road layout and is within 100’ of a Freshwater Wetland. Jessica Paddock, from Stearns & Wheler, said there is an existing overflow that drains off where the 2 leaching pits and catch basin will be installed. After these structures are installed, it will only overflow in a large storm.
MOTION: A motion to grant a Negative Determination was made by Judith Bruce and seconded by Bob Royce.
VOTE: Unanimous.
NOTICES OF INTENT
Gary & Jean Webster, 28 Twinings Lane by Ryder & Wilcox, Inc. The proposed removal of invasive species & the planting of native species; & the replacement of “dug-in” timber steps. Work will occur within 100’ of a Coastal Bank, on a Coastal Bank & Land Subject to Coastal Storm Flowage, & within the Pleasant Bay ACEC. David Lyttle, from Ryder & Wilcox, Seth Wilkinson, from Wilkinson Ecological Design, David Chalker, from Bartlett Tree Experts, and Jean and Gary Webster, the Applicants, were present. Mr. Wilkinson said they are going to restore the plant community and mitigate for past cutting where all the trees were lopped off at the same height. 6 English oaks will be cut to the ground, and allowed to re-sprout. One of these trees is not in the view
corridor. 3 other oaks will be removed. The black locusts and the pile of brush on the bank will be removed. Mr. Wilkinson said in the southeastern corner of the lot, the invasive species will be managed with the cut-and-wipe method. The lily of the valley will also be removed from the buffer zone as shown on the revised Plan. Mr. Wilkinson said there will be intensive replanting. Mr. Lyttle said the Applicants want to replace and repair the railroad tie steps as needed. Arnold Henson asked that they replace the steps with landscape ties, not creosote. Mr. Lyttle agreed and said they will be non-arsenic. Mr. Wilkinson said there will be quite a bit of screening, including large pines, and the view will not be open from the water. Jamie Balliett asked about the health of the pine trees? Mr. Chalker said they are healthy. Mr. Balliett asked if the view corridor should be marked on the property? Mr. Lyttle said the westerly
property line has a concrete bound. Arnold Henson said another concrete bound on the eastern side of the view corridor was not necessary. Mr. Wilkinson said the view corridor, once identified and planted, will be self-sustaining.
MOTION: A motion to approve the project, with the Site Plan dated September 8, 2009, with the Standard Conditions for Planting Plans, was made by Judith Bruce and seconded by Harry Herrick.
VOTE: Unanimous.
Peter, Mark & Gretta Heaney, 25 Ruggles Road by Felco, Inc. The proposed installation of a new septic system for an existing dwelling. Work will occur within 50’ of the Top of a Coastal Bank. David Lajoie, from Felco, Inc., said this property has a steep slope to Town Cove, with the top of the bank close to the dwelling. There is a Cape Cod lawn. The new septic system is located as far from the wetland as possible and abuts the road, within the lawn area. The cesspools will be removed. The system was also located as far as possible from a subsurface drainage system for Ruggles Road. Mr. Lajoie said he could not find the end of the drain pipe in the dense vegetation. Jenny Wood said there is no record of the changes to the entranceway and this Order will be conditioned for this
information to be submitted. Judith Bruce was concerned about road runoff down the bank toward Town Cove. Arnold Henson said the Highway Department would be informed of this drain pipe.
MOTION: A motion to approve this project was made by Judith Bruce and seconded by Bob Royce.
VOTE: Unanimous.
CERTIFICATES OF COMPLIANCE
Stahl/Spenlinhauer (2001), 80 Gibson Road. This Certificate of Compliance for an Order for a dwelling was requested in 2007 and held for an As-Built Plan, the elimination of erosion, the naturalization of the area that had been made into lawn beyond the limit of work, the removal of vinca that had been planted, and the planting of bare areas. A recent Site Visit showed lawn clippings on the coastal bank and cutting on the coastal bank. Russell Holden, from Ryder & Wilcox, was present. Jenny Wood said the landscaping has not been completed. She recently spoke to the Builder and told him any plants installed now must survive for 3 years. To obtain a Certificate of Compliance before that, a Bond should be posted. A bond has not been posted. Plants were put in that were not approved,
and there is no new Planting Plan. For the second request for a Certificate of Compliance for the in-ground stairway (please see below), the stairway has been located on the Site Plan, but there are 2 large bare areas on both sides. Again, no Planting Plan was submitted for approval. Ms. Wood said these in-ground stairs were not built into the ground, but built on top and filled in. The soil is eroding out of the sides—although the stairs seem to be holding at
this time. They are still mowing the top of the bank beyond the limit of work, and they have planted an invasive grass. Arnold Henson said they are not in compliance and he asked if there was a time problem? Mr. Holden said he submitted an As-Built Plan this morning showing additional junipers in the planting beds. Jenny Wood said the junipers are labeled “native species”, and they are not. Mr. Holden said they have added high bush blueberries off the north side of the dwelling beyond the limit of work. He said the Applicants will plant native species to the west of the path to the stairs and the plantings may assist in stabilizing the stairway. Jenny Wood said a Planting Plan must be approved before any planting occurs and it must be on both sides of the path and both sides of the stairway. Mr. Holden said the top of the path, between the 50’ buffer and the limit of work, was mowed by the neighbors prior to this house going in. Jenny Wood said she has no record of this and
remembers a naturalized area. Dated photographs would have to be submitted. This Certificate of Compliance, as well as the one below, will be held.
Spenlinhauer (2007), 80 Gibson Road. This Certificate of Compliance request is for an Order for an in-ground stairway down a coastal bank. There are shells along the pathway to the steps that are not on the Order. There is a bench along the path that is not on the Order. There are open bare areas along the path and the stairs. The stairs are built raised above the regular ground level, which will contribute to erosion. This Certificate of Compliance will be held (please see above).
Orleans Yacht Club (2009), 39 Cove Road. This Certificate of Compliance request is for an Order for a modification to an existing sewage system that is built as shown according to the Engineer. The Board of Health received a statement from the White Knight installers, and they have issued a Certificate of Compliance.
MOTION: A motion to release this Certificate of Compliance was made by Judith Bruce and seconded by Harry Herrick.
VOTE: 4-0-3 Approved (Adrienne Pfluger, Bob Royce, and Arnold Henson abstained).
ADMINISTRATIVE REVIEWS
Stephen Downs, 56 Tonset Road. This is a request to remove 4 trees--1 white pine, 2 red cedars, 1 non-native maple, and also maple saplings. This is minor pruning, and the work is on the west side of the dwelling. The view to the Cove for this dwelling is to the north.
MOTION: A motion to approve this Administrative Review was made by Jamie Balliett and seconded by Adrienne Pfluger.
VOTE: Unanimous.
North/Ryon, 178 Barley Neck Road. This is a request to begin the restoration of a freshwater wetland area beginning with the section along Barley Neck Road. The invasive brush will be cut down and removed up to the dead cherry trees. Native shrubs will be left. Trees will be planted in this area to replace the dead cherry trees. High stumps will be left for wildlife habitat. Native shrubs will be planted in this area if necessary. In other areas of the yard three dead trees will be removed. A pine tree will be replaced with a native evergreen and 2 red cedars out of a grove. The Tree Warden is being consulted on this work next to the road.
MOTION: A motion to approve this Administrative Review was made by Jamie Balliett and seconded by Bob Royce.
VOTE: Unanimous.
David Patterson, 44 Nichols Road. This is a request for the top of coastal bank and buffer pruning. This is the same request as the last 4 years in regard to height of pruning and removal of bittersweet and invasive plants.
MOTION: A motion to approve this Administrative Review was made by Judith Bruce and seconded by Bob Royce.
VOTE: Unanimous.
Peter, Mark & Gretta Heaney, 25 Ruggles Road. This is an after-the-fact request for the digging of test holes by Felco, Inc., due to the lack of a Meeting in the fifth week of September. Work will occur within 50’ of the Top of a Coastal Bank. This work has been done.
MOTION: A motion to approve this Administrative Review was made by Jamie Balliett and seconded by Judith Bruce.
VOTE: Unanimous.
Doug and Elizabeth Prentiss, 80 Rock Harbor Road. This is a request to upgrade the sewage disposal system by removing the existing cesspools and installing a septic tank approximately 71’ from a small isolated wet area, and a leaching field outside the 100’ buffer to the small isolated wet area.
MOTION: A motion to approve this Administrative Review was made by Adrienne Pfluger and seconded by Judith Bruce.
VOTE: Unanimous.
Fleck/Henderson, 28 Twinings Lane. This is a request to fill a cesspool. The new system will be built outside the 100’ buffer.
MOTION: A motion to approve this Administrative Review was made by Bob Royce and seconded by Judith Bruce.
VOTE: Unanimous.
Betsy Furtney, 71 Pochet Road. This is a request for general yard maintenance and clearing of invasive species next to the Town Conservation Area on Uncle Harvey’s Pond. The Applicant filed a similar Administrative Review in 2007. 5 trees will be removed—1 locust, 3 red cedars and 1 cherry. The cedars and cherry are not robust trees. The request also includes pruning 3 trees—one large oak near the dwelling, one large oak further down the bank, and one large pitch pine. There are many young trees coming up and the Applicant is planting an understory.
MOTION: A motion to approve this Administrative Review was made by Judith Bruce and seconded by Adrienne Pfluger.
VOTE: Unanimous.
Town of Orleans (Tree Warden), Uncle Harvey’s Pond. This is a request to remove invasive species with mechanical means and the Americorps. This project is next to the Application above on 71 Pochet Road.
MOTION: A motion to approve this Administrative Review was made by Adrienne Pfluger and seconded by Bob Royce.
VOTE: Unanimous.
Town of Orleans (Wilkinson Ecological Design), Skaket Beach Road. This is a request to remove grapevines growing over the restoration plantings.
MOTION: A motion to approve this Administrative Review was made by Bob Royce and seconded by Judith Bruce.
VOTE: Unanimous.
Larry Spaulding, 5 Blossom Lane. This is a request to remove bittersweet and shrub honeysuckle from cedar trees to the south of the dwelling. The Applicant also wants to remove 2 heavily-pruned white pines that are too close to the deck. These pines will be replaced with a narrow form of white pine that is more tolerant to pruning. Seth Wilkinson, from Wilkinson Ecological Design, is doing this work and he said the narrow form of white pine is Pinus strobus fastigiata.
MOTION: A motion to approve this Administrative Review was made by Jamie Balliett and seconded by Bob Royce.
VOTE: Unanimous.
James Britton, III, 16 Archer Lane. This is a request to mow an area along the top of a coastal bank once a year in the spring to keep out woody growth. The request includes the removal of 14 Scotch pines that have died from bark beetles. They will plant 3 dogwoods and one American holly in the spring.
MOTION: A motion to approve this Administrative Review was made by Jamie Balliett and seconded by Bob Royce.
VOTE: Unanimous.
REQUEST FOR PAYMENT FROM THE WETLANDS PROTECTION FUND
$101.98 reimbursement for Notary Equipment and to extend Leslie's Notary Expiration Date to 2016.
MOTION: A motion to approve the release of payment from the Wetlands Protection Fund was made by Judith Bruce and seconded by Bob Royce.
VOTE: Unanimous.
CHAIRMAN’S BUSINESS
Approval of the Minutes from the Work Meeting on September 22, 2009.
MOTION: A motion to approve the Minutes from the Work Meeting of September 22, 2009 was made by Jamie Balliett and seconded by Adrienne Pfluger.
VOTE: Unanimous.
The Meeting was adjourned at 9:15 a.m.
Respectfully submitted,
Leslie Derrick, Conservation Commission Secretary
Approved Dated
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