Orleans Conservation Commission
Town Hall, Nauset Room
Work Meeting, Tuesday, October 27, 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.
CONTINUATION
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. David Lyttle, from Ryder & Wilcox, David Chalker, from Bartlett Tree Experts, and Seth Wilkinson, from Wilkinson Ecological Design, were present. Mr. Wilkinson said the revised Plan dated October 21, 2009 shows the mitigation Planting Plan. The poplar that was removed without completing the previous filing is not shown on the Plan but could be added. He said 3 blueberries were planted to compensate for the tree removal. Many of the trees proposed for removal have nothing to do with the view. There are 2 Japanese black pines that are dying; a plum that is not in good shape; and some oaks
that are too close to the house. The poplars are the trees that are obscuring the view. The Applicant wants to remove them. A row of tupelos will be planted outside the view corridor for replacement. As part of the mitigation, they are proposing to remove a small stairway from the retaining wall and replace it with in-ground steps. They are proposing a ground layer of native ferns because it is a north-facing bank. Mr. Wilkinson said there is no irrigation at this location--they will have to hand-water. Jenny Wood asked for a Narrative explaining how the invasive species will be removed and kept out, and how the plants will be cared for. Mr. Wilkinson said he would submit a Narrative. Ms. Wood said there are two sections on this coastal bank with different vegetation. The lower woody section has a good understory and some nice trees. Poplars get big fast and become unstable. This Plan calls for the removal of all the
poplars, large and small. Ms. Wood asked why the oaks are being reduced in number and why is the pine at the bottom of the steps being removed? Mr. Wilkinson said the oak canopy work would be minimal at this time. He was looking at next year when the oaks grow into this area where trees are being removed. The pine is located close to the bottom of the stairway, but could remain. Mr. Wilkinson said the oaks could be pruned to a specific height in the future as part of his Management Plan. Jenny Wood suggested another review of the site before pruning the oaks. Judith Bruce said this is a large proposed view corridor, and asked if the oaks needed to be reduced at all? Ms. Bruce said she was concerned with no screening at this location from the water. The new tupelos would be small trees. Judith Bruce said to remove the poplars and then have a review on the oaks. Bob Royce agreed. Mr. Royce confirmed that the pine at the bottom of the steps
would remain. Steve Phillips asked if the proposed tupelos would create a future view problem? Mr. Wilkinson said tupelos can spread up and out, and they will be staggered downhill. It will be possible to see over them. Jenny Wood said the second section, the upper bank, was cleared at one time. Soil had been pushed out and an artificial flat area was created with retaining walls. She asked if the retaining walls could be removed for a natural grade on this slope? There are invasive bittersweet and other vines, as well as more English ivy across the bank. Mr. Wilkinson said the English ivy will be removed across the whole bank, not just on the retaining walls. Ms. Wood said there is not much of a shrub layer, and there are non-native grasses and hydrangeas. Mr. Wilkinson said there will be a mixture of native ferns to naturalize this location. Ms. Wood suggested adding plants with shrubby growth. She also said the planting outside the
Commission’s jurisdiction is light, with large mulched areas. James Trainor asked about the 2 pines to be removed? Mr. Chalker said 1 pine will be dead by April due to turpentine beetles. The other pine is leaning toward the dwelling. Judith Bruce asked about the oaks? Mr. Wilkinson said the oak to the north could remain. The oak to the south is too close to the house. Mr. Wilkinson said he would submit a new Plan with the changes and show the elevations of the trees that would remain. Arnold Henson said he is concerned with the view in from the water. James Trainor asked if the new path is longer than the existing path on the bank? Mr. Wilkinson said the path must be longer because it is built into the ground. Mr. Wilkinson said that Jeff Norgeot thought removing the retaining walls would be a big project. Arnold Henson said they are going to remove 6 poplars on the upper bank. Steve Phillips asked if the poplars
were healthy? Mr. Chalker said yes, but they are not good trees to have near your house. James Trainor said this looks like a clear-cutting and he did not think the length of the walkway should be increased. Mr. Wilkinson asked the Commission if they would rather have the stairway replaced instead of relocated in-ground? Arnold Henson said the Commission prefers in-ground steps and the Commission needs more details on what is going to happen at this location. Mr. Lyttle said they would locate the trees that will remain within the view corridor on the Plan and asked if the Commission would make a Site Visit after the next Meeting? He asked for a Continuance.
MOTION: A motion to continue this Hearing to the Meeting on November 10, 2009 was made by Steve Phillips and seconded by Adrienne Pfluger.
VOTE: Unanimous.
CERTIFICATES OF COMPLIANCE
Alan and Susan Magary (2009), 49 Aspinet Road. This is a Certificate of Compliance request for a septic system upgrade within 100’ of a freshwater wetland. Grass has come up in the disturbed areas and they have mulched the slope. They have a Certificate of Compliance with the Board of Health.
MOTION: A motion to release this Certificate of Compliance was made by Harry Herrick and seconded by Adrienne Pfluger.
VOTE: Unanimous.
Frank Davis (Magary) (2000), 49 Aspinet Road. This is a Certificate of Compliance request for a gravel access road for use when Aspinet Road is flooded. A copy of the easements was submitted as required under the Special Conditions. The road was graded away from the wetland to prevent runoff into the wetland. The road is wider than 12’ with the sides of the road showing some bare areas. There is no erosion.
MOTION: A motion to release this Certificate of Compliance was made by Judith Bruce and seconded by Harry Herrick.
VOTE: Unanimous.
ADMINISTRATIVE REVIEWS
Snow Point Association, 104 Freeman Lane. This is a request for the planting of 2 Pin Oaks approximately 8 to 10’-tall to replace trees that were cut without filing by the Association on the property of 104 Freeman Lane. The work will be done by Safe Harbor Chatham/Bill Benoit.
MOTION: A motion to approve this Administrative Review was made by James Trainor and seconded by Bob Royce.
VOTE: Unanimous.
William Hammatt, Nauset Beach. This is a proposed (after-the-fact) protocol to remove debris from a cottage demolition in Chatham through the beach and trails on Nauset Beach. The use of 1 ton trucks is proposed. The proposed work is expected to take 3-5 workmen over 3-5 days to complete. An excavator may or may not be used. Debris will be taken directly to either Paul Daniels or S. J. Exco without the use of a dumpster in the Orleans beach parking lot.
MOTION: A motion to approve this after-the-fact Administrative Review was made by Judith Bruce and seconded by Bob Royce.
VOTE: Unanimous.
Ralph and Stephanie Sorley, 112 Arey’s Lane. This is a request for the installation of sewage piping within 91’ to the top of a coastal bank on Pilgrim Lake for a new sewage disposal system built greater than 100’ from the resource areas. The sewer piping and waterline will be sleeved.
MOTION: A motion to approve this Administrative Review was made by Judith Bruce and seconded by Adrienne Pfluger.
VOTE: Unanimous.
REVISED PLANS
Beth McCartney (2008), 135-137 Portanimicut Road. The Plan to rebuild an existing dwelling has been revised to show the replacement of the existing block wall foundation with poured concrete. There is a statement in the file from a Structural Engineer (Mark McKenzie from East Cape Engineering) that the existing foundation was in poor condition and should be replaced. David Lyttle, from Ryder & Wilcox, and Beth McCartney, the Applicant, were present. Mr. Lyttle said the existing deck under the new porch will also be replaced.
MOTION: A motion to approve this Revised Plan was made by Judith Bruce and seconded by Harry Herrick.
VOTE: Unanimous.
Mark Kritzman (2009), 204 Barley Neck Road. This Order for a Landscaping Plan to remodel the side yard and the waterside of the property has been revised to eliminate all the work on the waterside of the property. This work was to remove invasive or non-native species and plant native species. David Lyttle, from Ryder & Wilcox, and Jay Pettit, from Uncommon Ground, were present. Arnold Henson asked why they are eliminating the waterside portion of this Order? Mr. Pettit said the Applicant is selling this property. Jenny Wood said there could be a Continuing Condition on the Certificate of Compliance that the previous work on the waterside of this site was not approved. Judith Bruce said she does not want to approve this Revised Plan as it does not benefit the resource area. Arnold Henson said
they had agreed to clean up the bank by removing non-native species and planting native grasses. Mr. Lyttle asked if a Bond could be posted? Jenny Wood said the plantings covered by the Bond would have to go in first. Mr. Pettit said the ornamental plantings on the waterside were not done by this Owner. Jenny Wood said the work on the waterside was never approved--this includes the row of ornamentals planted along the bank. Mr. Lyttle asked if Jenny Wood and Mr. Pettit could make a Site Visit to work out a possible compromise for the present Owner? The discussion on a Revised Plan was continued to November 10, 2009.
CHAIRMAN’S BUSINESS
Approval of the Minutes from the Hearing/Work Meeting on October 20, 2009.
MOTION: A motion to approve the Minutes from the Hearing/Work Meeting on October 20, 2009 was made by Judith Bruce and seconded by Bob Royce.
VOTE: 6-0-1 Approved (Steve Phillips abstained).
The Site Visits were discussed by the Commissioners.
The Meeting was adjourned at 9:12 a.m.
Respectfully submitted,
Leslie Derrick, Conservation Commission Secretary
Approved Dated
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