Orleans Conservation Commission
Town Hall, Nauset Room
Hearing, Tuesday, November 17, 2009
PRESENT: Steve Phillips, Adrienne Pfluger, Bob Royce, Arnold Henson, Chairman; Harry Herrick, James Trainor, (Members); Jamie Balliett, Jim O’Brien, (Associate Members); and Jennifer Wood, Conservation Administrator.
ABSENT: Judith Bruce, Vice-Chairman, (Member).
The Meeting opened at 8:30 a.m.
NOTICES OF INTENT
Bruce Carey, 1 Ruggles Road by Coastal Engineering Co., Inc. Proposed demolition of an existing dwelling & replacement with a new, larger dwelling & utilities, including a septic system. Work will occur within 100’ of a Cranberry Bog. John Schnaible, from Coastal Engineering, Attorney Sarah Turano-Flores, and Bruce Carey, the Applicant, were present. Attorney Turano-Flores submitted a letter from the Abutter at 3 Ruggles Road, in favor of the project. Mr. Schnaible said the existing septic system is located on the rear of the lot, between the house and the cranberry bog. This is a working organic bog. The 100’ buffer line from the bog goes through the dwelling. The new proposed septic system will be located next to Ruggles Road, as far as possible from the bog. Mr. Schnaible said this
design meets the Board of Health requirements. The existing septic tank and leaching pit will be pumped out and filled in. Mr. Schnaible said the new driveway will be located outside of the 100’ buffer, with no access from Tonset Road. The dwelling will be removed through Ruggles Road. After construction, the utilities will come in off of Tonset Road. Arnold Henson asked if the house could be moved toward Ruggles Road so that it would be no closer to the bog than the existing dwelling? Bob Royce said the proposed septic tank could be turned 90 degrees to pick up an additional 5’. Arnold Henson asked about making a change in the shape of the dwelling? Mr. Schnaible said the Applicant wants this house design. James Trainor said to put the septic tank off to the north and angle the leaching field. Jenny Wood asked if they could move the reserve area to the corner of Tonset Road & Ruggles Road? Mr.
Schnaible said they could gain 5’ with a trenched, curved system. Steve Phillips asked if there was any flexibility on this footprint? Could they reduce the corner of the dwelling on the southern side? Attorney Turano-Flores said the new dwelling is proposed to be 500 square feet larger than the existing, and is tied to the floor plan recommended by the Board of Health. Jenny Wood said she was unsure of the wetland delineation. There were no flags or test hole data, which is commonly submitted if all the bordering vegetated wetland is mowed. Mr. Schnaible said the tags may have been removed. He would dig holes to verify the soils. Jenny Wood said there were landscape changes asked for in the past where brush was removed along with debris. The wetland border was not replanted because of the working bog. Recently, there was a request to remove 6 locusts that should become part of the Order. She said the invasive species
could be removed and native species planted outside of 50’ to the bog. Attorney Turano-Flores said tree removal is not part of this Application. It could be considered under an Amended Order in the future. Arnold Henson said it would be better to incorporate tree removal and restoration planting with this Application, as the larger dwelling is a big change to this lot. Jenny Wood asked for clarification of the Zoning issues? Attorney Turano-Flores said they cannot meet the 25’ setback to the north, but they have not increased the square footage in the setback. They have eliminated a shed within 14’.
MOTION: A motion to continue this Hearing to the Meeting on November 24, 2009 was made by Steve Phillips and seconded by Adrienne Pfluger.
VOTE: Unanimous.
East Egg Homeowner’s Association, 19 Little Bay Road by Ryder & Wilcox, Inc. Proposed stabilization of the toe of an eroding bank beneath an existing timber stairway. Work will occur on a Coastal Bank, Coastal Beach, Land Subject to Coastal Storm Flowage & within the Pleasant Bay ACEC. David Lyttle, from Ryder & Wilcox, and Donald Lesieur and Andree Yager, from the East Egg Homeowner’s Association, were present. Mr. Lyttle said the Association filed in 2001 to stabilize the bank under the stairway on the easement. Eugene Hornsby filed in 2005 to put fiber rolls on his bank. The fiber rolls are coming down and there is erosion behind the stairway. The areas to the north and south of the easement and Mr. Hornsby’s property have stone revetments or gabions. There is
also a large bulkhead to the north. They are proposing to connect with the gabions on property to the north landward of stones on the beach. They will extend the new gabion structure southerly across the Association easement. The gabion revetment will be constructed by hand with the use of a barge. The work will be done by Anchor Marine. Mr. Lyttle said because all the nearby banks are armored, except this one, the erosion is more severe. Mr. Lyttle said he would contact Mr. Hornsby to ask if the fiber rolls could be re-anchored? Arnold Henson asked what would prevent end scour from the new gabions onto the southerly fiber rolls? Mr. Lyttle said 35 of the fiber rolls could be saved. They will place some of the older rolls behind the gabions. This would not be a permanent fix. There is no natural return there. He said he would like to connect all of the erosion control structures in this area in the future.
The fiber rolls on the beach are now being dislodged during storms. Jenny Wood said to build a stone revetment, the dwelling must be 40’ or closer, but in this area, no building is that close. The banks are armored on either side. With no more nourishment, the beach and marsh will disappear. The gabions and other Coastal Erosion Structures should be kept covered. Mr. Lyttle agreed there is little marsh and beach to the north now. The area should be nourished. He said there could be a sluiceway to dump sand from the Hornsby property. Arnold Henson asked if there could be some kind of nourishment plan attached to this Order? Mr. Lyttle said at this site and to the north, mean high water hits the stones and the revetment. There is no beach, and the renourishment would not remain long. Over time, it may build up. He said he would add a nourishment component to this project. Adrienne Pfluger asked about replanting? Mr. Lyttle said they would plant stiff-leaved quack grass
within the disturbed areas.
MOTION: A motion to continue this Hearing to the Meeting on November 24, 2009 was made by Bob Royce and seconded by Harry Herrick.
VOTE: Unanimous.
CONTINUATIONS
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, said the revised Plan shows about a 30’ reduction of bank they were going to put chink stone on. They have also reduced the amount of chink stone in the scarped area to only 1 to 2’-high. The entire bank will not be graded. There are Notes on the Site Plan indicating the planting medium on both the beach and the bank. Mr. Munroe provided photographs of the project from 1995, showing a graded beach. He said alot of Spartina patens is
growing there now and they propose to add more patens and Junus Sp. (black grass) in the bare area. Jenny Wood said a revetment can be built if the dwelling is within 40’ of the bank. The dwelling is greater than 40’, in 30 more feet of the area where the chink stone is going in. Mr. Munroe said the Applicant wants to do the work now before it gets worse, so he does not have to come back before the Commission. Jenny Wood asked what is being planted on the bank? Mr. Munroe said bayberry, beach plum, and Rosa rugosa. Ms. Wood asked if there was a source for all the plants? Mr. Munroe said either Lindsay Strode or Tim Friary. This work will all be done by hand by the Applicant. They will be using the access path and a wheelbarrow. There will be no heavy equipment. Arnold Henson asked why not let nature takes it course till the house gets 40’ to the top of the bank? Arnold Henson asked about wave action? Mr.
Munroe thought there was up to a 2’ chop. Jenny Wood suggested getting input on the planting from a Landscaper. Mr. Munroe said Lindsay Strode recommended the plants. The medium was suggested by Peter Rosen. Jenny Wood asked whether they were using filter fabric? Mr. Munroe said no. Jenny Wood said the Commission asked them to file this Notice of Intent to get the old Order into compliance. The area to the south of the dock is the area addressed by the older Order. If this section south of the dock was repaired first, then the old Certificate of Compliance could be released. James Trainor said he would like to see the whole project completed. If it fails, there will be more erosion and there is erosion now. Jenny Wood asked if they were adding a definite amount of nourishment? This area would have to remain covered, and this Order will be conditioned for that. Mr. Munroe said 20 to 25 yards. The Applicant had
placed 25 yards in the late 90s using mechanical means. Jenny Wood asked if they are going to regrade the entire bank to the north of the dock? Mr. Munroe said no, they are going to place rocks into the scarped area, put material over that, and mix in finer material into the stones down below. They will be going up the bank 2’. Steve Phillips said this project is pro-active and Bob Royce said to let them try. Jenny Wood said she needs the planting specifications—what is being planted and how close? The Order will be conditioned for the planting specifications. Jamie Balliett said no fertilizers should be used. If the Town Landing is used, they must obtain a permit from the Board of Selectmen.
MOTION: A motion to approve this project, conditioned for nourishment, construction protocol, reports, Standard Conditions for Revetments, and Planting Plan Conditions, was made by James Trainor and seconded by Bob Royce.
VOTE: 6-1-0 Approved (Arnold Henson voted “Nay”).
Carolyn Broman, 5 Broman Place by Felco, Inc. Proposed work is to obtain approval for the continued used of 2 sections of elevated walkway from the existing Licensed dock landward to the existing access path. The walkway is within the Resource Area. A letter requesting a Continuance was submitted by Felco Engineering.
MOTION: A motion to continue this Hearing to the Meeting on December 1, 2009 was made by Jamie Balliett 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, and Joanne Broderick, the Applicant, were present. Ms. Sequin said they have relocated the shed to the driveway to be 83’ from the edge of the wetland and 103’ from the edge of the vernal pool. There is 145 square feet of addition, and they are removing 116 square feet of shed. The area where the shed is now, as well as an additional 300 square feet of lawn, will be vegetated with native species, and native plants will be added to the mulched area near the vernal pool. Jenny Wood said the Order will be conditioned for the Planting Plan to be
submitted before construction commences. Ms. Sequin said there is a Note on the Site Plan addressing that.
MOTION: A motion to approve this project was made by Steve Phillips and seconded by Jamie Balliett.
VOTE: Unanimous.
CERTIFICATE OF COMPLIANCE
Pamela Herrick (1995), 8 Kescayogansett Road. (Harry Herrick recused himself from this discussion.) This is a Certificate of Compliance request for an Order for an existing dock that is built as shown on the License. On-Going Conditions for Existing Docks will remain on the Certificate of Compliance.
MOTION: A motion to release this Certificate of Compliance was made by Steve
Phillips and seconded by Adrienne Pfluger.
VOTE: Unanimous.
P& R Trust (Kennedy) (2002), 50 Tom’s Hollow Lane. This Certificate of Compliance request for an Order and Amended Order for a Restoration Planting Plan was last heard July 10, 2007 and held for completion of the Plan. The first proposed Restoration Plan failed. The second by Wilkinson Ecological Design was installed in 2006. The plantings look very good.
MOTION: A motion to release this Certificate of Compliance was made by Jamie Balliett and seconded by Steve Phillips.
VOTE: Unanimous.
RELEASE OF BOND
The Bond held on the above Order for P & R Trust for 50 Tom’s Hollow Lane for $20,000 could be released with the Certificate of Compliance.
MOTION: A motion to release the Performance Bond held for 50 Tom’s Hollow Lane was made by Steve Phillips and seconded by Harry Herrick.
VOTE: Unanimous.
ADMINISTRATIVE REVIEWS
Bill Brack, 48 Willie Atwood Road. This is a request to replace the windows with same-size windows and to build a dormer on the front of the house. The rear of the main house already has a dormer. Part of the dwelling is within 50’ to several freshwater wetlands.
MOTION: A motion to approve this Administrative Review was made by Bob Royce and seconded by Adrienne Pfluger.
VOTE: Unanimous.
Dobson/Flanders-Siems, 49 S. Orleans Road/31A Cove Road. This is a request by Ray Dobson to have trees pruned on other properties (Town Landing, Orleans Yacht Club, and Flander-Siems) for a better view. There is a clear view to the east of this property. To the north they would like to prune one branch on a tree on the Town Landing. This would require permission of the Harbormaster, and the Arborist’s License number and insurance coverage. On the property of Flanders-Siems, Mr. Dobson has requested to prune 3 branches on 2 large maples. These maples have many branches. He would also like to top and prune a small maple. If this tree is topped it will lose its form. This pruning looks like too much for a small tree. On the property of the Orleans Yacht Club, he would like to remove 6
locusts and replace them with native shrubs. Ray Dobson, the Applicant, was present. Jenny Wood said she did not recommend
the pruning of the small maple on the Abutter’s property. This tree was screening the Yacht Club building and would not provide much view to the water. 6 native shrubs and small trees were offered for the 6 locusts being removed. The shrubs were red cedar, bayberry, and groundsel. Ms. Wood suggested more than 1 shrub be planted for each tree. Mr. Dobson agreed to this planting. The Arborist must come in to discuss pruning the small maple with the Conservation Administrator. This request will be placed on hold.
Dr. Robert Cambell, 76 Freeman Lane. This is a request to remove 1 leaning cedar tree at the top of the coastal bank. This tree does provide screening but there are other trees in this area.
MOTION: A motion to approve this Administrative Review was made by Adrienne Pfluger and seconded by Steve Phillips.
VOTE: Unanimous.
Peter Kennedy, 4 Tides End Lane. This request to install a flagpole without footings below the top of coastal bank in Land Subject to Coastal Storm Flowage was heard last week. The flagpole will be put in on a tabernacle that is made of two 4” x 4” x 8’ posts. The posts will be set 4 to 5’ in the ground. The pole is on bolts that can be removed to paint the pole.
MOTION: A motion to approve this Administrative Review was made by Bob Royce and seconded by Adrienne Pfluger.
VOTE: Unanimous.
CHAIRMAN’S BUSINESS
Approval of the Minutes from the Work Meeting on November 10, 2009.
MOTION: A motion to approve the Minutes from the Work Meeting on November 10, 2009 was made by Steve Phillips and seconded by Jamie Balliett.
VOTE: 6-0-1 Approved (Adrienne Pfluger abstained).
The Meeting was adjourned at 9:55 a.m.
Respectfully submitted,
Leslie Derrick, Conservation Commission Secretary
Approved Dated
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