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Conservation Commission Minutes from 2009/11/24
Orleans Conservation Commission
Town Hall, Nauset Room
Work Meeting, Tuesday, November 24, 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.
                                        
CONTINUATIONS
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, Lynne Hamlyn, Environmental Consultant, and Bruce Carey, the Applicant, were present.   Mr. Schnaible said they have submitted a new Site Plan showing the dwelling moved away from the wetland and a Planting Plan.  The new dwelling is 6’ further from the wetland.  The main part of the proposed dwelling is no closer than the existing house.  The septic tank has been turned to move the house back more.  They dug 5 test holes to look for hydric soils and delineated the wetland based on that information.  Ms. Hamlyn said they are going to plant the 50’ buffer up to the lot line.  Jenny Wood asked how many locusts were being removed?  Ms. Hamlyn said 6 or 8.  Some of these trees are in the Town road layout and in the bog Owner’s property where they would need permission from the Owners.  One small sycamore maple will also be removed.  The Applicant wants to keep the larger sycamore maple for shade.  Ms. Hamlyn said all the plants in the Restoration Plan are natives and will form a naturalized buffer.  Mr. Schnaible asked if they could mow once or twice a year in the 50’ buffer around the plantings?  Mr. Henson said not to mow within the 50’ buffer.  Ms. Hamlyn agreed and said they will manage the invasive species, such as English ivy and bittersweet.  Mr. Carey said the Note on the Plan to maintain the thicket in the road layout was because the Town asked him to keep it trimmed for safety concerns on Tonset Road.  There is a lot of bird activity there and the plants screen the dwelling from the road.  Adrienne Pfluger asked that silt fence be used instead of hay bales.  Mr. Schnaible said we could condition the Order for silt fence.  

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

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. A letter requesting a Continuance has been submitted from Ryder & Wilcox.

MOTION:  A motion to continue this Hearing to the Meeting on January 5, 2010 was made by Judith Bruce and seconded by Bob Royce.

VOTE:  Unanimous.   

CERTIFICATES OF COMPLIANCE
Neal Satran  (2007), 60 Pershing Lane.  This is a Certificate of Compliance request for an Order to construct an enclosed porch in place of a deck. This Order was approved with a Mitigation Planting Plan for the top of the coastal bank by Wilkinson Ecological Design who did not do the planting. A letter was sent to Mr. Satran in September 2009 detailing the differences between the approved Landscaping Plan and the plantings that were installed:
1. The accepted Plan has 7 species of plants from a “Seaside Wildflower Plant Mix”.  Only 3 different kinds of plants were put in the planting area and only 1 of these, (Panicum virgatum) is the same as the species in the approved Planting Plan. A different species of goldenrod and of aster has been planted.
2. The plants are too far apart and more are necessary to fill out the bed.
3. The planting bed does not extend to the previously existing vegetated buffer as shown on the Site Plan. There is still a mowed area in the 10’ buffer.
4. The planting area was to be 10-feet wide. It is only 10-feet wide at the widest point and then tapers to only a few feet at the ends. A letter requesting this discussion for a Certificate of Compliance be postponed was submitted by Ryder & Wilcox.

MOTION:  A motion to continue this request for a Certificate of Compliance to the Meeting on December 8, 2009 was made by Judith Bruce and seconded by Adrienne Pfluger.

VOTE:  Unanimous.   

William Cumiskey (1991), 11 River View Way.  This is a Certificate of Compliance request for an Order for an existing dock with some proposed changes. Part of the current dock is the original design and part is the proposed design. We have a letter in the file that the Waterways Regulation Program does not require an amended License for the current dock configuration. The floats will not extend out into the channel any further than the approved float configuration.

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

VOTE:  Unanimous.   

ADMINISTRATIVE REVIEWS
Dobson/Flanders-Siems, 49 S. Orleans Road/31A Cove Road.  This request by Ray Dobson to have trees pruned on other properties (Town of Orleans, Orleans Yacht Club, and Flander-Siems) for a better view was heard last week and held for more information on pruning a small maple tree. This tree will not be pruned at this time. The work will be done by Bartlett Tree Experts.  Arnold Henson said he had concerns with the proposed replacement planting and he suggested this proposal be held until the spring so that the plants could be on-site before any trees are removed.  Bob Royce said the Yacht Club has requested this work be done in the spring.  The Commission decided to hold this Administrative Review until the plants are on-site at the Yacht Club.   

Carolyn Iliff, 33 Bufflehead Lane.  This is a request to remove 4 Red cedars and prune the dead wood off of another one. One of these cedars is the only tree directly between the house and Nauset marsh. The other 3 trees are to the left along the lot line. These trees are in Land Subject to Coastal Storm Flowage and near the beach and an intermittent stream.  There was an Administrative Review to reduce these trees in height for the neighbor behind in 2008 and to remove 4 other trees. No new trees are being planted.  Arnold Henson suggested the Commissioners go out to this site after the Meeting today to get a better understanding of this request.  This Administrative Review will be placed on hold.   

Elizabeth Spicka, 24 Uncle Mark’s Way.  This is a request to remove bittersweet, honeysuckle, and English ivy next to the fence by the dwelling.  The English ivy will also be removed from a cherry tree.  One Norway maple sapling that is near the cherry tree will be removed.  This work is in the buffer to a coastal bank.  The Applicant filed an Administrative Review last August to do similar work.  

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

VOTE:  Unanimous.   

Lee Sandwen, 194 Namequoit Road.  This is a request to build 2 dormers onto an existing attached garage.  The work is approximately 60’ from the top of a coastal bank and within the ACEC from the Namequoit Bog.  There is no change in footprint.  The dwelling was built right over the bog, and the bathroom and bedroom will have dormers.

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

VOTE:  Unanimous.   

CHAIRMAN’S BUSINESS
Approval of the Minutes from the Hearing/Work Meeting on November 17, 2009.

MOTION:  A motion to approve the Minutes from the Hearing/Work Meeting on November 17, 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