Orleans Conservation Commission
Town Hall, Nauset Room
Work Meeting, Tuesday, November 10, 2009
PRESENT: Steve Phillips, 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: Adrienne Pfluger, (Member).
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, Seth Wilkinson, from Wilkinson Ecological Design, and Max Makowsky, the Applicant, were present. Mr. Wilkinson said the Plan has been revised to remove the request to prune any oaks. They will return to the Commission for pruning the oaks once the poplars have been removed. Mr. Wilkinson said the Revised Plan includes the removal of a sycamore maple and an oak that are growing over the dwelling. These trees are not in the view. They have made the in-ground steps connect at a lower platform so that more of the above-ground steps will be removed. A
Land Management Plan has been submitted. Judith Bruce said she was concerned with screening the dwelling from the water. Mr. Wilkinson said the view corridor will look like it does now. There are a significant number of trees within the view corridor that are not being touched. Steve Phillips asked if the oak on the north side of the dwelling is to be removed? Mr. Wilkinson said the Site Plan is not correct—that oak will have 1 branch removed. James Trainor asked how much the pine tree at the bottom of the bank is being pruned? Mr. Wilkinson said Bartlett Tree Experts will be doing this pruning. Jenny Wood said Bartlett Tree Experts will only prune a pitch pine 3’ in a year. Mr. Wilkinson said they will prune the pine during the winter to avoid attracting beetles. Ms. Wood said there are only 2 years left on this Order. An Order does not establish a permanent view corridor. It is only good for the
duration of the Order. This house is for sale, and usually a Certificate of Compliance is not issued until the plantings are stable, after 3 years. This would mean the plantings would become the responsibility of the new Owner. Mr. Wilkinson said if there was a Buyer this winter, they would wait to record the Amendment under the new Owner. Jenny Wood said there are no shrubs proposed for the upper bank. Mr. Wilkinson said he would put some in the area of the retaining walls. Mr. Makowsky asked if he can maintain the heights of all the trees in the view corridor for the duration of the Order? The Commission agreed that no, he must apply to cut any other trees within the view corridor. Mr. Makowsky said if they indicate the existing tree heights within the view corridor, will the Commission look favorably at maintenance of the heights? Jenny Wood said it depends on what the view looks like—if it looks very open, there should
be no more pruning.
MOTION: A motion to approve this Amended Order, conditioned on the Certificate of Compliance being held until the plants are stable, and the oak on the north side of the house being pruned, not removed, was made by Jim O’Brien and seconded by Harry Herrick.
VOTE: Unanimous.
CERTIFICATES OF COMPLIANCE
Daniel Bloomer (2003), 11 Richwood Farm Lane. This Certificate of Compliance request for an Order for a new dwelling was held for changes to the Plan that were filed under the following Order. The changes included a larger deck with a stairway and a stone retaining wall in the borrow pit,
and
Daniel Bloomer (2006), 11 Richwood Farm Lane. This Certificate of Compliance request for an Order, for changes to the Order above, was accepted with a Planting Plan. The plants are doing very well.
MOTION: A motion to release both of the above Certificates of Compliance was made by Judith Bruce and seconded by Jamie Balliett.
VOTE: Unanimous.
ADMINISTRATIVE REVIEWS
David Mills, 2 Thayer Lane. This is a request to remove 6 dead or dying pitch pines. There are many young trees coming up to replace them.
MOTION: A motion to approve this Administrative Review was made by Judith Bruce and seconded by Harry Herrick.
VOTE: Unanimous.
Peter Kennedy, 4 Tides End Lane. This is a request to install a flagpole without footings below the top of coastal bank in Land Subject to Coastal Storm Flowage.
Arnold Henson asked how will it stay up? Judith Bruce asked if the flagpole could be placed further away from the resource area? Jenny Wood said she would ask for more information.
Myra Murphy, 10 Beach Road. This is a request to replace windows and siding on Building A within 75’ to a freshwater wetland, and to remove the roof and walls on Building B with the foundation to remain within 100’ to the same freshwater wetland. Building A was restored and the utilities were put in for both buildings under an Order of Conditions. The Site Plan is by Ryder and Wilcox. Judith Bruce asked if they are leaving the foundation? Jenny Wood said yes and they will build on the foundation later, under a Notice of Intent.
MOTION: A motion to approve this Administrative Review was made by Judith Bruce and seconded by Harry Herrick.
VOTE: Unanimous.
Jim Bast, 128 Monument Road. This is a request to remove 1 dead cherry tree and to prune part of the top off of a large red maple. Jenny Wood said the Applicant has spoken to an Arborist, who recommended this work. Mr. Bast said he will put in a native shrub where the cherry tree was.
MOTION: A motion to approve this Administrative Review was made by Judith Bruce and seconded by Jamie Balliett.
VOTE: Unanimous.
REVISED PLANS
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 again at the Commission’s request. Instead of eliminating all the work on the waterside of the property, this Plan includes: the removal of the Belgian block edging, the removal of the ornamental planting on the top of the bank and their replacement with native grasses and groundcover shrubs, and the reduction of the lawn area that will no longer be fertilized or irrigated. Jay Pettit, from Uncommon Ground, confirmed these changes and said there will be no invasive species management in the marsh at this time. Mr. Pettit asked if a Bond was posted, could the Certificate of Compliance be released sooner, as the current Owner would like to sell this
property with a clear title? Judith Bruce said she is concerned that a new Owner wouldn’t take care of the plants. Jim O’Brien said the Bond could be for $2,500.
MOTION: A motion to accept this Revised Plan was made by Jamie Balliett and seconded by Harry Herrick.
VOTE: Unanimous.
Peter Deeks (2008), 34 Uncle Marks Way. This Order for an addition and new garage has been revised to show landscaping, including a retaining wall around the garage to maintain the grade, 2 walkways, a buried propane tank, and pads for air-conditioning. The only new planting on the Plan is thyme and sedum on the steps. David Lyttle, from Ryder & Wilcox, and Peter Deeks, the Applicant, were present. Mr. Deeks said the Revised Plan is to show the hardscape part of the landscaping. He is proposing a natural fieldstone wall around the garage and stone steps behind the garage to the back of the property. Mr. Lyttle said the stone walls are dry laid, with no concrete. This work is within the approved limit of work. Arnold Henson asked if there would be any expansion of the structure? Mr.
Lyttle and Mr. Deeks said no. Jenny Wood said she would like to see the plants that go with the Landscaping Plan. Mr. Deeks said he would submit the plants in the future.
MOTION: A motion to accept this Revised Plan was made by Jamie Balliett and seconded by Judith Bruce.
VOTE: Unanimous.
Southside Realty Trust/Town of Orleans (2009), 257 Route 6A. This Order for construction of 4 dwellings with associated landscaping & utilities has been revised to show a widening of the driveway on the One-Stop Oil property 3’ closer to the wetland. Sean Riley, from Coastal Engineering, said this project went before the Zoning Board of Appeals where One-Stop Oil asked for the shared driveway to be widened for safety issues. The driveway will now be 16’-wide. Mr. Riley said the deck has been moved outside of the buffer zone and the area of the new plantings has been reflected on the revised Landscaping Plan.
MOTION: A motion to accept the Revised Site Plan and the Revised Landscaping Plan was made by Jamie Balliett and seconded by James Trainor.
VOTE: Unanimous.
CHAIRMAN’S BUSINESS
Approval of the Minutes from the Hearing/Work Meeting on November 3, 2009.
MOTION: A motion to approve the Minutes from the Hearing/Work Meeting on November 3, 2009 was made by Bob Royce and seconded by Steve Phillips.
VOTE: 6-0-1 Approved (Judith Bruce abstained).
The Site Visits were discussed by the Commissioners.
The Meeting was adjourned at 9:10 a.m.
Respectfully submitted,
Leslie Derrick, Conservation Commission Secretary
Approved Dated
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