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Conservation Commission Minutes from 2009/10/20
Orleans Conservation Commission
Town Hall, Nauset Room
Hearing, Tuesday, October 20, 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.
                                        
AMENDED ORDER
K Designs, LLC, 30 Harbor View Lane by Ryder & Wilcox, Inc.  The Order is proposed to be amended for vista pruning & tree removal.  Work will occur on & within 100’ of a Coastal Bank.  A request for a Continuance was submitted by David Lyttle, from Ryder & Wilcox.

MOTION:  A motion to continue this Hearing to the Meeting on October 27, 2009 was made by Bob Royce and seconded by Adrienne Pfluger.  

VOTE:  Unanimous.  

NOTICES OF INTENT
Joseph & Dorothea Dumczius, 52 Pershing Lane by Ryder & Wilcox, Inc.  The proposed installation of a new septic system to serve an existing dwelling; & the pumping & abandonment of an existing system. Work will occur on & within 100’ of a Coastal Bank, & within the Pleasant Bay ACEC.  David Lyttle and Andrew Grover, from Ryder & Wilcox, were present.  Mr. Lyttle said this is a voluntary upgrade.  The current system has a cesspool in the flood zone. They have
re-routed the plumbing to come from the west side of the house so that the system will be out of the flood zone.  The leaching system will be located over 100’ from the top of the bank. Jenny Wood said she is concerned with screening for this house as one of the main screening-trees is dead.  Only a slight row of Rosa rugosa serves as a buffer.  There is also a problem with the roof runoff and no downspouts.  Judith Bruce said there were hand-dug trenches and Bob Royce said there was a 15’-long trench dug along the bank.  Mr. Lyttle said he will make sure there are downspouts connected to dry wells. Arnold Henson asked about providing a little wider protection along the bank by planting?  Adrienne Pfluger said there were 2 good-sized trees with tape on them.  Mr. Grover said those trees were tagged for removal with an earlier design and there will be no tree removal with this design.  Jamie Balliett asked about the dead cedar? Mr. Grover said the dead cedar is remaining, and is not part of this proposal.  Mr. Lyttle said the dug up areas will be revegetated and the gutters will be connected to dry wells.

MOTION:  A motion to approve this project, conditioned on downspouts being connected to dry wells, and the vegetation being stable, was made by Judith Bruce and seconded by Harry Herrick.

VOTE:  Unanimous.

Peter & Susan Begin, 3 Seaside Drive by Ryder & Wilcox, Inc.  The proposed installation of a septic system to serve an existing dwelling. Work will occur within 100’ of a Bordering Vegetated Wetland.  Stephanie Sequin, from Ryder & Wilcox, said this property is on the market and the leaching trench must be replaced.  The existing 2-bedroom house will remain 2 bedrooms.  There is an inland Bordering Vegetated Wetland on the south and a Vegetated Wetland to the north.  A drain pipe goes underneath the road, and there is a trench running through the property that connects the 2 wetlands.  Ms. Sequin said there is a very limited area for the leaching system but they have maintained 50’ setbacks. This is a perched wetland. The test holes went down to 15’ and showed good clean sand, with no water. Arnold Henson asked if the new system is being replaced in the location of the old system?  Ms. Sequin said yes, and variances are required from the Board of Health.

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

VOTE:  Unanimous.

CERTIFICATES OF COMPLIANCE
Robert and Judith Wilkinson (2006), 20 Pershing Lane.  This is a Certificate of Compliance request for an Order to put a poured concrete foundation under an existing dwelling. Native plants were put in to restore the construction access.

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

VOTE:  Unanimous.

Collins and Barbara Pomeroy (2008), 40 Pershing Lane.  This is a Certificate of Compliance request for the construction of an addition and a dormer extension. The dormer extension was not built. The vegetation is stable.

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

VOTE:  Unanimous.

Penny Levin (2005), 48 Locust Road.  This is a Certificate of Compliance request for an Order for a dock in Cedar Pond. The phragmites have been discouraged. The telephone pole has been removed. The bank has been replanted with a native seed mix and shrubs. On-Going Conditions for Existing Docks will remain on the Certificate of Compliance, and also a Condition that a Chapter 91 Waterways License be applied for when the Cape Cod Bay ACEC has a Management Plan.  

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

VOTE:  Unanimous.   

ADMINISTRATIVE REVIEWS
Brooks Thayer Trust, 10 Thayer Lane.  This is a request to remove 7 large pitch pines that are leaning toward the boathouse. There are many other younger oaks and pines in this area.

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

VOTE:  Unanimous.   

Douglas and Jean Kuhn, 10 & 12 Priscilla Road.  This is a request to dig test holes in front of 10 Priscilla Road.  There is a large wetland with a ditching system in the rear of the lots.  Jenny Wood said on the old Subdivision Plan, 12 Priscilla Road was shown as a wetland.

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

VOTE:  Unanimous.

REVISED PLANS
Lynn and Dona Pike, 33 Cove Road.  The Plan has been revised to show an extension of the retaining wall next to the parking lot for the Town and the Yacht Club below, and an extension to the Limit of Work for grading by the driveway.  Jenny Wood asked if the steps in the retaining wall were concrete?  David Lyttle, from Ryder & Wilcox, said they could be pressure-treated. Ms. Wood said there is very little naturalized area on this property.  The Commission may want a Planting Plan for the area to be regraded.  Mr. Lyttle said that area was lawn and they don’t want to change the view for the Abutters.  Judith Bruce said the lawn area could be a meadow.    

MOTION:  A motion to approve this Revised Plan was made by Bob Royce and seconded by Harry Herrick.

VOTE:  Unanimous.   

James and Caroline Macon, 42 Jack Knife Point Road.  The Plan has been revised to show an open (on the sides), covered (on the top) porch in place of an open deck, and a septic system easement. The footprint of the dwelling has not changed. David Lyttle, from Ryder & Wilcox, said this porch is open with a roof, but no screens.  The Site Plan also shows 2 wells for the Geothermal heating system greater than 100’ from the resource area.   

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

VOTE:  Unanimous.   

CHAIRMAN’S BUSINESS
Approval of the Minutes from the Work Meeting on October 13, 2009.

MOTION:  A motion to approve the Minutes from the Work Meeting on October 13, 2009, as amended, was made by Judith Bruce and seconded by Adrienne Pfluger.

VOTE:  Unanimous.

The Meeting was adjourned at 8:51 a.m.

Respectfully submitted,

Leslie Derrick, Conservation Commission Secretary



Approved                                                        Dated