Orleans Conservation Commission
Town Hall, Nauset Room
Hearing, Tuesday, December 1, 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.
NOTICES OF INTENT
Dawson & Lynn Farber, III, 53 Kenneth Lane by J.M. O’Reilly & Associates, Inc. Proposed construction of a stone revetment to protect an existing dwelling. Work will occur on a Coastal Bank & within Land Subject to Coastal Storm Flowage & the Pleasant Bay ACEC. Matt Farrell, from J.M. O’Reilly & Associates, and Dawson and Lynn Farber, the Applicants, were present. Mr. Farrell said this property has 290’ of frontage on Pleasant Bay at the entrance to the Namequoit River. Since the breach in April of 2007, there has been increased erosion on the bank. The proposed rock revetment is 170’-long and 5’-high with 1’ buried. The top of the wall will be at elevation 9’, 1’ above the highest elevation of the existing scarp. Mr. Farrell
said he is aware that stone revetments are not the best option according to the State and local Regulations. The Applicants would rather have a stone revetment because it looks better and has less maintenance. Mr. Farrell said he is aware of Donald Krohn’s, (the Abutter to the west), concern about scour. The return is designed to protect the wall itself, not the neighboring property. Without a return, the scour will go behind the revetment. Arnold Henson asked if the erosion was due to higher tides or wave action? Mr. Henson said it may look like a long fetch between this location and the islands in Pleasant Bay, but Namequoit Point interrupts the wave action. Mr. Henson said it is his impression that higher tides and not wave action are contributing to the erosion, in which case a large stone revetment is not necessary and they could use gabions instead. Mr. Henson said gabions work and will last. Mr. Farrell said
eventually gabions will need maintenance. Arnold Henson said that would be way down the road and conditions may be different then. Arnold Henson said there are very sharp returns at the end of the proposed structure that will contribute to scour. Mr. Farrell said they could nourish the scour at the northerly end with sand. He said because of the direction of the wind, the scour at the east end will be more than the west end. Arnold Henson said there is a low, marshy area on the east side of the property that will protect it from scour. The west end is exposed. Steve Phillips asked if Mr. Farrell and the Applicants had received the narrative of technical assistance reported by Greg Berman, the Coastal Geologist from Woods Hole? Mr. Farrell said yes, but he did not give a copy to the Applicants. He said the Report contained information on sizing the stones, but he is not prepared to discuss or incorporate this information into the Hearing
today. Mr. Phillips said the Report discussed additional options, such as gabions, the reduction of the angles on the edges to reduce scour, and budgeting for maintenance. Judith Bruce suggested covering and planting over gabions. James Trainor asked what affect the west end scour will have on the Abutter’s property? Mr. Farrell said that was difficult to assess. Most wave action is from the southeast wind across the Bay, and his narrative needs to be changed to reflect this. Most of the current scour is occurring in the middle portion of the proposed wall. Mr. Trainor said if the water cannot go behind the wall, it will go someplace. Scouring on the Abutter’s property from the revetment must be prevented. Mr. Farrell said he would examine that. Judith Bruce said Greg Berman was concerned that a right angle on the return will cause more scour. She said less of an angle on the return would be preferred.
Jenny Wood said there is not enough of a Planting Plan. Conservation grass mix may not be native. There is no beach grass on site. They should replace what native grass is there. Ms. Wood asked how high the waves are now? Mr. Farber said a foot and a half. Mr. Krohn, the Abutter, said the return is only 15’ from his property line. He asked for a greater setback so there would be less scour on his property. Jenny Wood asked him how many feet from the property line he would like? Mr. Krohn said approximately 40’. David Lyttle, on behalf of the Mayers, the Abutters to the east, said there will be no affect on their property. Arnold Henson said to try for gabion protection with a gradual return, that would be as effective or better than a large stone wall. Jenny Wood said the gabions should be buried, except at the bottom where the tide would come every day. The exposed gabions would be visible.
MOTION: A motion to continue this Hearing to the Meeting on December 15, 2009 was made by Judith Bruce and seconded by Harry Herrick.
VOTE: Unanimous.
Richard & Elizabeth Cryer, 50 & 52 Willie Atwood Road by Ryder & Wilcox, Inc. Proposed construction of an addition to an existing garage. Work will occur within 100’ of Vegetated Wetlands & the Top of a Coastal Bank. David Lyttle, from Ryder & Wilcox, Dave Bushnell from Haig Homes, and Richard Cryer, the Applicant, were present. Mr. Lyttle passed out new Site Plans that corrected the labeling. He said his Applicant came before the Commission last summer to discuss a shed, but decided to expand his garage for added storage and a workshop instead. Mr. Lyttle said almost the entire property is within 50’ of the flood zone that is a coastal bank and freshwater wetlands. They are proposing to build a second story on the existing garage with an outside stairway and deck
for access to the second floor. The second-story addition will be cantilevered on the northwest side. They have offered to remove the 463 square foot concrete portion of the driveway and put gravel there instead. Mr. Lyttle said there will be an increase in coverage of 33 square feet of cantilevered addition and 132 square feet of the deck and stairway. The existing septic system is located northeast of the house. If a new septic system needs to be installed, it would go where the existing system is. Jenny Wood said this proposed expansion is over 50%, and will count as new construction. This structure will also be visible from a public viewing area. She said there is a lot of English ivy on this property and she considers habitat restoration more important than replacing one man-made surface with another, even if the gravel is more pervious than concrete. Ms. Wood said there are also invasive grasses in the garden to the rear of the
dwelling--Miscanthus. There should only be native plants within 50’ of the resource areas. The Applicant said he is willing to remove the ivy and invasive grass and plant natives. Jamie Balliett asked if there would be any alterations to the existing foundation? Mr. Bushnell said no alterations to the foundation are planned, but they would return to the Commission if it becomes necessary. Mr. Balliett said the entire garage structure could be moved closer to the dwelling if a new foundation needs to be put in. Bob Royce said the garage addition will not be as tall as the existing house. James Trainor said there are trees between the structure and the public viewing area. Mr. Lyttle read the variance request into the record. He will show the area of English ivy on the site Plan, provide answers on the structural stability of the foundation, and provide height information. Carter Buckley, the Owner of the adjacent bog, asked if there would be
plumbing in the garage? Mr. Lyttle said no and agreed to a Condition on the Order to reflect that. Mr. Lyttle asked for clarification on the mitigation offered with this proposal? He said he would remove the invasive species, plant natives, and leave the concrete driveway apron as is? The Commission agreed that was a better approach.
MOTION: A motion to continue this Hearing to the Meeting on December 8, 2009 was made by Judith Bruce and seconded by Adrienne Pfluger.
VOTE: Unanimous.
CONTINUATION
Carolyn Broman, 5 Broman Place by Felco, Inc. Proposed work is to obtain approval for the continued use 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 from David Lajoie requesting a Continuance was read to the Commissioners.
MOTION: A motion to continue this Hearing to the Meeting on December 15, 2009 was made by Adrienne Pfluger and seconded by Judith Bruce.
VOTE: Unanimous.
ADMINISTRATIVE REVIEWS
Patricia and Thomas Kennedy, 40 Tom’s Hollow Lane. This is a request to remove 2 autumn olives and 1 weeping willow from the ACEC and Land Subject to Coastal Storm Flowage.
MOTION: A motion to approve this Administrative Review was made by Harry Herrick and seconded by Judith Bruce.
VOTE: Unanimous.
Carolyn Iliff, 33 Bufflehead Lane. This request was heard last week and held for a Site Visit. The request is to remove 4 red cedars and prune the deadwood off of another one. One of these cedars is the larger of only two trees 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. After the Commissioners made a Site Visit, they determined there is enough of a view and this tree removal is too much. If the Applicant wishes to pursue this, a Notice of Intent must be filed.
MOTION: A motion to approve this Administrative Review was made by Judith Bruce and seconded by Harry Herrick.
VOTE: 0-7-0 Denied (The Applicant must file a Notice of Intent).
Orleans Conservation Trust (OCT) (Kris Ramsay), Twinings Pond. This is a request to close the current straight trail to the pond and open a new zig-zag trail 20-30’ to the west. 5 to 10 branches will need to be cut. No trees will be removed. Water-bars will be installed further up the trail to reduce run-off. Judith Bruce said this is an excellent idea and a good plan.
MOTION: A motion to approve this Administrative Review was made by Judith Bruce and seconded by Steve Phillips.
VOTE: Unanimous.
Orleans Conservation Trust (OCT) (Kris Ramsay), Mill Pond Landing. This is a request to install a granite bench without footings into the bank at the Mill Pond Landing. The area will be loamed and seeded after installation. Judith Bruce asked if there was existing beach grass? Jenny Wood said no, there is regular grass. Jamie Balliett asked if the bench would interfere with any boating activity? Ms. Wood said the site that was staked is close to the road in an area of sparse trees and grass, not on the beach.
MOTION: A motion to approve this Administrative Review was made by Jamie Balliett and seconded by Judith Bruce.
VOTE: 6-0-1 Approved (James Trainor abstained).
Douglas Kuhn, 10 &12 Priscilla Road. This is a request to remove one leaning red cedar and trim 3 trees (2 red cedars and a poplar) back from the garage. The work is within 100 feet to a freshwater wetland and will be done by James Reynolds.
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 Work Meeting on November 24, 2009.
MOTION: A motion to approve the Minutes from the Work Meeting on November 24, 2009 was made by Judith Bruce and seconded by Jamie Balliett.
VOTE: Unanimous.
ADMINISTRATOR’S BUSINESS
A request for a letter of support from the Commissioners was made by Mark Budnick, the Highway Superintendent, for a Grant Application to install retention basins along River Road. The Commissioners agreed to send a letter of support.
The Commissioners unanimously agreed not to have a Meeting on December 22, 2009.
The Meeting was adjourned at 9:15 a.m.
Respectfully submitted,
Leslie Derrick, Conservation Commission Secretary
Approved Dated
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