Orleans Conservation Commission
Town Hall, Nauset Room
Hearing, Tuesday, November 3, 2009
PRESENT: Steve Phillips, Adrienne Pfluger, Bob Royce, Arnold Henson, Chairman; Harry Herrick, James Trainor, (Members); Jamie Balliett, (Associate Member); and Jennifer Wood, Conservation Administrator.
ABSENT: Judith Bruce, Vice-Chairman; (Member), and Jim O’Brien, (Associate Member).
The Meeting opened at 8:30 a.m.
NOTICES OF INTENT
Southside Realty Trust/Town of Orleans, 257 Route 6A by Coastal Engineering Company, Inc. Proposed construction of 4 dwellings with associated landscaping & utilities. Work is within the 100’ buffer to Isolated Land Subject to Flooding Bordering an Intermittent Stream. Brad Malo, from Coastal Engineering, and the Builder, from McShane Construction, were present. Mr. Malo said this Plan has been revised to show the parking and reserve area greater than 25’ to the lot line. Mr. Malo said a portion of one deck and the driveway will be within the 100’ buffer. The entrance to this lot is over the driveway to One-Stop Oil. To preserve a large oak tree, the driveway will begin near the wetland and then go to the back of the property. Arnold Henson asked if they
could stay out of the buffer with the driveway and enter the lot from the One-Stop Oil property after the oak tree? Mr. Malo said the driveway is very narrow there and used by a single dwelling. They would have to widen the pavement and there would be an awkward turn. Mr. Henson asked if plantings would be installed along the driveway within the buffer? Mr. Malo said a few, but more could be added. Arnold Henson asked if they could move the one deck outside the buffer? Bob Royce said 4’ is not much to give up. Mr. Malo said this goes to the Zoning Board of Appeals tomorrow—could the Order be conditioned to move the deck out of the buffer? Jamie Balliett suggested reconfiguring the deck shape. Arnold Henson asked for additional plantings along the edge of the driveway. Mr. Malo said they could re-distribute plantings to other locations. Jenny Wood said the other plants are not natives. They would need more
native plants. Steve Phillips asked for more plantings between the fence and the wetland? Mr. Malo said there is dense vegetation there now. Arnold Henson asked if lawn was proposed up to the work limit line? Mr. Malo said yes. Jay Norris, from One-Stop Oil said he is concerned with the high density of this project. Jenny Wood asked if there was a better driveway location for his business? Mr. Norris said he did not see a better location for the proposed driveway. Mr. Malo said more plants can be added along the driveway and the deck would be removed from the buffer zone. The plantings along the driveway must be approved by the Conservation Administrator. A revised Site Plan will be submitted before the Order is issued.
MOTION: A motion to approve this project, subject to receipt of a new Site Plan showing the deck located outside of the 100’ buffer and to include the new plantings along the driveway, was made by Jamie Balliett and seconded by Steve Phillips.
VOTE: Unanimous.
Michael & Rosanne Panio, 197 Quanset Road by Coastal Engineering Company, Inc. Proposed placement of chink stone with an 8” sand cover, placement of soil over gravel on the beach, & planting. Work will occur on a Coastal Bank, Beach, a Salt Marsh, & within the Pleasant Bay ACEC. Don Munroe, from Coastal Engineering, and Michael Panio, the Applicant, were present. Arnold Henson went through the history of this area. Mr. Munroe said part of this Application is for an after-the-fact approval of the stones on the beach and to get a Certificate of Compliance on the old Order. Spartina patens is growing in the gravel and they would like approval after-the-fact for gravel being added with other sediments. Mr. Munroe cited an article by Peter Rosen, a Coastal Geologist, that instead
of sand nourishment matching the existing size of the grains on the beach, grain size should be as large, if not larger, than what is on the beach. Stone mixed with sand will keep the area stable so vegetation will grow. Mr. Panio showed material that he had collected in 1993 before he placed the gravel at this site. It was a mixture of 1 to 3” stone and sand. Arnold Henson asked if the bank and beach to the south of the dock has stabilized? Mr. Munroe said yes. Mr. Henson asked if the bank and beach to the north of the dock could be left alone to naturalize? He asked why armor the bank? Mr. Munroe said they want to protect existing vegetation. Jenny Wood said sand should have been placed over the chink stone. The bank should provide sand during storms. If the chink stone was buried, the sand would then wash into the gravel, and more vegetation would grow. Ms. Wood asked what the components of the “growing medium” were? Mr.
Munroe said sand and silt, not peat or loam. Jenny Wood said the Commission needs the Planting Plan—what is being planted and how? She suggested contacting someone who does this type of work. Mr. Panio said he wants to add filter fabric behind the rip-rap. He saw freshwater plants growing in filter fabric and thinks it will work in saltwater. Mr. Panio said of the original 20’, only 5’ is still without vegetation. Mr. Panio said in 1993, the Contractor dug out into the marsh for 20’, put down sand for a better grade, then installed 2’ of chink stone with smaller stones on top, and then sand, and beach grass, which didn’t survive. Jenny Wood said beach grass is not a marsh grass. She added the new proposal does not show any proposed filter fabric. Mr. Panio said every year he applies sand by hand with various sized beach stones to renourish this location. Arnold Henson said this is not
shown as part of this project. Jenny Wood said the Commission needs a better description of what is going on here. Arnold Henson asked why protect the northern end of the bank? The house is greater than 40’ away. Mr. Panio said to the north where the footpath is, the chink stone is not necessary. Steve Phillips asked about the snow fence? Mr. Panio said during the summer months, people were climbing over the post-and-rail fence. They are allowed to cross for fishing and fowling and this snow fence is blocking the way. Mr. Phillips asked if there were post-construction photographs of the original work? Mr. Panio said yes, the sand had plugs of grass but after 1 month, everything was gone. The sand placed over the rip-rap disappeared also. Arnold Henson asked that the work at the north end of the beach be eliminated from this proposal. Mr. Munroe said he would amend the Plan. He was asked to submit details of the
project—what kind and how much planting medium? Which plants--how many and how would they be planted, and show the proposed bank armoring. The Commission requested a way to monitor the Plan to see that it is being followed correctly.
MOTION: A motion to continue this Hearing to the Meeting on November 17, 2009 was made by Adrienne Pfluger and seconded by Jamie Balliett.
VOTE: Unanimous.
Carolyn Broman, 5 Broman Place by Felco, Inc. Proposed work is to obtain approval for the continued used of an elevated walkway from the existing Licensed dock landward to the existing access path. The walkway is within the Resource Area. David Lajoie, from Felco Engineering, said this is a 40’ foot long, 2-plank walkway on posts, plus an 11’-long wider section on concrete blocks. Arnold Henson asked if the entire walkway was necessary to reach the dock? He suggested using a pathway on the higher land to the east for part of the way. Jenny Wood said there is upland grass there. Mean high water is much closer to the beach then shown on the Site Plan. There is an area of Spartina patens where the walkway is. Ms. Wood said this walkway would be considered part of the
dock, making the dock longer than the 80’ allowed in the Regulations. The end of the walkway is just set on top of concrete blocks. She asked if the Owner would be interested in building a more stable, shorter structure that could be higher for better vegetation growth underneath? If any part of the walkway is below mean high water where the Spartina alterniflora is growing, the Waterways Licensing Department should be contacted.
MOTION: A motion to continue this Hearing to the Meeting on November 17, 2009 was made by Harry Herrick and seconded by Adrienne Pfluger.
VOTE: Unanimous.
Joanne Broderick, 11 Seaside Drive by Ryder & Wilcox, Inc. Proposed construction of an addition to an existing dwelling. Work will occur within 100’ of an Inland Wetland & a Vernal Pool. Stephanie Sequin, from Ryder & Wilcox, Sara James Porter, the Architect, and Joanne Broderick, the Applicant, were present. Ms. Sequin said this is a 3-bedroom1000 square foot dwelling. There is a dirt driveway on the abutting property that is between the resource area and this location. The house is within the buffer and the vernal pool resource area. The addition will be 144 square feet, 87’ from the Bordering Vegetated Wetland. The addition will be on the opposite side of the house from the wetland. The lot is level and the grades pitch away from the wetland. Ms. Sequin
said the work will be done from the driveway. Arnold Henson asked about the overall benefit—this work is in the resource area. He suggested plantings along the 50’ buffer. Steve Phillips asked about moving the shed? Ms. Sequin said the shed would have to be moved to the front of the dwelling. If they remove lawn within 50’, there will not be a lot of space around the back of the deck. She asked about improving the vegetation in other areas of the property instead? Adrienne Pfluger asked about an area of mulch to the south of the property? Ms. Broderick said she would like to install more native plantings in that mulched area.
MOTION: A motion to continue this Hearing to the Meeting on November 17, 2009 was made by Adrienne Pfluger and seconded by Bob Royce.
VOTE: Unanimous.
CERTIFICATES OF COMPLIANCE
John and Marcia Sortor (2006), 30 Pershing Lane. This is a Certificate of Compliance request for a demolition and construction of a dwelling. The dwelling is built as shown. The Special Conditions on the Order requested a Landscaping Plan for the old house site. The plants are in but the area has not naturalized with wide separations between the shrubs and mulch. Other Special Conditions stated that the large oak must remain. The oak is there. A spruce tree mentioned in the Special Conditions has been replaced with a red maple. The Special Conditions also stated that up to 5 more trees could be requested if the Commission did not think there was enough screening. Mrs. Sortor, the Applicant, was present. Jenny Wood asked if the Commission thought there was enough screening at this location? She said they could
put an On-Going Condition on the Certificate of Compliance that if the maple or the oak within the view area die, they must be replaced. She suggested writing a letter stating the project was in compliance, except for the revegetated area. The Commission agreed.
Mark Picton (1995), 24 Priscilla Road. This Certificate of Compliance request for an Order for additions to two dwellings and a new septic system was amended for further additions. An old Revised Plan shows a slightly smaller Dwelling B. An As-Built Plan has been submitted: The driveway has a different configuration. One of the decks on Dwelling B is smaller. The additions to Dwelling A were not built other than a foundation off the west side. The deck on the northwest corner of Dwelling B was not built. The addition has French drains except for over the porch that has a gutter but no drywell. There is a white discharge pipe into the wetland. There is construction rubble in the wetland. There is a propane tank near the wetland. The area around the wetlands was allowed to naturalize. It is mostly privet
and honeysuckle. The Certificate of Compliance will be held until the project is in compliance.
ADMINISTRATIVE REVIEWS
Robert Wilkinson, 20 Pershing Lane. This is a request to construct a 5’ x 7’ second-story cantilevered steel balcony and install a door to the balcony. All work would be by hand. The balcony would be within 22’ of the Top of a Coastal Bank. There is a wide view of the River on this side of the dwelling. David Lyttle, from Ryder & Wilcox, and Bob Wilkinson, the Applicant, were present. Mr. Lyttle said the balcony will be pre-constructed off-site. The upper door is necessary to get large objects upstairs. Inside the house there is only a spiral staircase to access the second floor. Jenny Wood said this site is within the ACEC. The Plan should be an improvement. Arnold Henson asked if removing invasive species was a part of this Plan? Mr. Wilkinson said not at this
time. Mr. Lyttle said the balcony will be open below for rainwater to go through so there will be no negative impact with this project to the ACEC. Steve Phillips asked the Applicant to look at removing the invasive species in the future. Mr. Wilkinson agreed.
MOTION: A motion to approve this Administrative Review was made by Bob Royce and seconded by Adrienne Pfluger.
VOTE: Unanimous.
Pamela Herrick, 8 Kescayogansett Road. (Harry Herrick recused himself). This is a request to replace 7 pilings under the boathouse and put in a new sill on the front. The pilings will raise the building as water is getting into the building on extra high tides. They are proposing to use fasteners and stainless steel strapping to affix the boathouse to the piling framework. All construction material will be delivered by barge and all debris will be removed from the site onto a barge. The work will be done by Ames Marine Service. A Construction Protocol has been submitted. If the Town Landing is used, a permit will be required from the Board of Selectmen. Arnold Henson said they are going to replace what is there, with no increase in coverage. The replacement pilings will be the same size as
what exists now.
MOTION: A motion to approve this Administrative Review was made by Bob Royce and seconded by Jamie Balliett.
VOTE: Unanimous.
Marcia Alexander, 56 Locust Road. This is a request to cut down phragmites in a small section of beach behind the shed from the cherry tree to the viburnum.
MOTION: A motion to approve this Administrative Review was made by Adrienne Pfluger and seconded by Jamie Balliett.
VOTE: Unanimous.
Joan Scannell, 21 Pilgrim Lake Terrace East. This is a request to remove two trees--a pine and an oak--that are shading the dwelling. There is no recent Site Plan on this property. There is a vegetated wetland and possibly a coastal bank that are not shown on the old Site Plan. The work will be done by Matt L’Hommedieu. There are plenty of trees in this location.
MOTION: A motion to approve this Administrative Review was made by Jamie Balliett and seconded by Adrienne Pfluger.
VOTE: Unanimous.
Ralph Sorley, 112 Arey’s Lane. This is a request to remove the top of a maple tree that came down on a boat near the shoreline of Pilgrim Lake. The Applicant also wants to replace a railroad tie wall around the doorway with landscaping timbers; remove 1 leaning locust on the path to the Lake; and plant bearberry or other native groundcover on a bare area near the dwelling.
MOTION: A motion to approve this Administrative Review was made by Steve Phillips and seconded by Jamie Balliett.
VOTE: Unanimous.
CHAIRMAN’S BUSINESS
Approval of the Minutes from the Work Meeting on October 27, 2009.
MOTION: A motion to approve the Minutes from the Work Meeting on October 27, 2009 was made by Adrienne Pfluger and seconded by Bob Royce.
VOTE: Unanimous.
The Site Visit was discussed by the Commissioners.
The Meeting was adjourned at 10:20 a.m.
Respectfully submitted,
Leslie Derrick, Conservation Commission Secretary
Approved Dated
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