Orleans Conservation Commission
Town Hall, Nauset Room
Hearing, Tuesday, January 5, 2010
PRESENT: Steve Phillips, Adrienne Pfluger, Bob Royce, Arnold Henson, Chairman; Judith Bruce, Vice-Chairman; James Trainor, (Members); Jamie Balliett, and Jim O’Brien, (Associate Members).
ABSENT: Harry Herrick, (Member); and Jennifer Wood, Conservation Administrator.
The Meeting opened at 8:30 a.m.
NOTICES OF INTENT
Edward & Anne Ghory, 19 Brick Hill Road by Ryder & Wilcox, Inc. The proposed construction of a second-story addition & patio onto an existing dwelling. Work will occur within 100’ of the Edge of a Freshwater Wetland. David Lyttle, from Ryder & Wilcox, said they are proposing to add a second-story above the existing garage and renovate the interior of the dwelling. Within the
50’-buffer zone, they are proposing to move the outdoor shower, construct a patio, and install steps to the deck and a slider to the back of the garage. Mr. Lyttle said, at the request of the Conservation Administrator, they did soil-testing and hydric soils were found to extend into the lawn area. They revised the Site Plan--revision date 12/28/09--and this wetland delineation has been accepted by the Conservation Administrator. Mr. Lyttle said some of the wetland vegetation is mowed. The Applicants are aware they are working within 50’ of the edge of the wetland and they are willing to install buffer plantings to improve the wildlife habitat. Arnold Henson asked if they were expanding the structure with the proposed deck and outside shower? Mr. Lyttle said the outside shower is being
relocated and the existing deck will remain. New steps from the deck and the new patio will be expanding the structure. Mr. Lyttle said there is a small area where they mow right to the edge of the pond, and the Applicants would like a path to the pond. Judith Bruce said an area that is now lawn should be naturalized. The mowing into the wetland should stop and plants should be added to the buffer. Ms. Bruce said she would approve a path to the pond. Steve Phillips asked if the lawn was fertilized? He said it looked like the property has used fertilizers. Mr. Phillips asked that downspouts be connected to dry wells. Mr. Lyttle said there are 4 downspouts now and these would be connected to dry wells. Arnold Henson said to reduce the amount of lawn and install native plants along the edge of the wetland. Judith Bruce said no fertilizers or pesticides should be used within 100’ of the wetland. Mr. Lyttle
asked for a Continuance.
MOTION: A motion to continue this Hearing to the Meeting on January 26, 2010 was made by Adrienne Pfluger and seconded by Judith Bruce.
VOTE: Unanimous.
Richard & Jo Ann Hinckley, 5 Sparrowhawk Road by Ryder & Wilcox, Inc.
The proposed construction of an addition onto an existing dwelling. Work will occur within 100’ of the Edge of a Freshwater Wetland. David Lyttle, from Ryder & Wilcox, said they considered adding a breezeway and garage, but due to the close proximity of the wetland, they are now proposing a small addition and deck within 50’ of a Bordering Vegetated Wetland. At the request of the Conservation Administrator, a ditch has been added to the Site Plan. The proposed addition and deck within the 50’ buffer will be constructed on sonotubes and an existing hot tub will be removed. Arnold Henson said this proposal needs mitigation, as they are adding structure within the 50’ buffer zone. Mr. Lyttle said he needs to speak to his Clients about offering a Planting Plan with a naturalized buffer around
the wetland. There is lawn to within a few feet of the wetland now. Judith Bruce asked if the garage was planned for more than 75’ from the wetland? Mr. Lyttle said they could not come up with a suitable plan for the garage, as the Applicants did not want to rearrange the interior of their dwelling. They opted to remove the garage from the proposal and to just create more living space. Adrienne Pfluger asked if the hot tub would be relocated? Mr. Lyttle said it may move to the other side of the dwelling. He will bring this information to the next Hearing and he requested a Continuance.
MOTION: A motion to continue this Hearing to the Meeting on January 26, 2010 was made by Adrienne Pfluger and seconded by Judith Bruce.
VOTE: Unanimous.
Lee Cable, 9 Baxter Lane by J.C. Ellis Design Co., Inc. Proposed septic system upgrade & construction of a driveway. Work will occur within 100’ of 2 Bordering Vegetated Wetlands. Jason Ellis, from J.C. Ellis Design Co., and Lee Cable, the Applicant, were present. Mr. Ellis said this is an upgrade of the existing septic system. There is an existing 1000-gallon tank that will remain and a failed leaching pit. They are proposing to install a pump chamber and a new Title 5 leaching area. They have located the new leaching area outside of the 100’ buffer zones of both wetlands. The existing leaching system is located within a buffer zone. There is perched groundwater in this area. Mr. Ellis said the Applicant wants a small 2-car parking area on the southeast edge
of the lot within the buffer. This will be a gravel parking area in what is now lawn. Arnold Henson said the property could be improved by removing some of the English ivy. Mr. Cable said he would make an effort to remove some of the ivy on his property. He would speak with the Conservation Administrator on how much he should try to remove and what he should replace the ivy with. Steve Phillips asked how many trees are to be removed? Mr. Ellis said 2 white pines, one with a 10” diameter within the location for the pump chamber, and the other with an 8” diameter within the proposed parking area. Philips Marshall, an Abutter, said he has had a problem with a soapy substance coming into his pond from Baxter Lane. He went out with the Conservation Administrator and the Health Agent and they could not trace the source. Mr. Marshall said he does not want the leaching field to be in a new location if it will contribute to
overflow into his pond. Mr. Ellis said there is no hydraulic connection between the pond and the new
leaching field area.
MOTION: A motion to approve this project, conditioned on the removal of English ivy at this site to be replaced with native plantings approved by the Conservation Administrator, was made by Steve Phillips and seconded by Judith Bruce.
VOTE: Unanimous.
Town of Orleans, Cove Road Landing by Vine Associates, Inc. Proposed repair of existing boat ramp. Work will occur on a Coastal Beach and in a Salt Marsh. Dawson Farber, the Harbormaster, and Peter Williams, from Vine Associates, were present. Mr. Farber said they are proposing to reconstruct the ramp within the same dimensions. Mr. Williams said the new ramp will have a grooved surface and a better slope for boats. Arnold Henson said there is a large drop-off now in the ramp.
MOTION: A motion to approve this project was made by Bob Royce and seconded by Judith Bruce.
VOTE: Unanimous.
Town of Orleans, River Road Landing by Vine Associates, Inc. Proposed repair of an existing pier. Work will occur on Coastal Beaches & on Land Under the Ocean. Dawson Farber, the Harbormaster, and Peter Williams, of Vine Associates, were present. Mr. Farber said the only change proposed for this location is to raise the height of the structure by 2’. There is flooding over the pier at high tide now. Jamie Balliett said the Commission for People with Disabilities requested that the sidewalk be raised to meet the boat ramp. This will not interfere with the existing parking or be over any marsh grass. Arnold Henson said some experts have stated that the high tides were exceptional this year and may recede. Judith Bruce said this year’s tides were astronomically
high.
MOTION: A motion to approve this project was made by Judith Bruce and seconded by Bob Royce.
VOTE: Unanimous.
Town of Orleans, Barley Neck Road Landing by Vine Associates, Inc. Proposed repair of an existing pier. Work will occur on Coastal Beaches & on Land Under the Ocean. Dawson Farber, the Harbormaster, and Peter Williams, from Vine Associates, were present. Mr. Farber said this is a replacement of the existing pier, with no changes to the layout. They are going to adjust the access to the pier’s gravel pathway by cutting out the phragmites. The pier will be raised 2’. Arnold Henson asked if the tide was flooding over the pier now? Mr. Farber said yes, with every tide. He said the work for these 3 projects should be
completed in time for the summer season.
MOTION: A motion to approve this project was made by Judith Bruce and seconded by Bob Royce.
VOTE: Unanimous.
CONTINUATION
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 request for a Continuance was read to the Commissioners.
MOTION: A motion to continue this Hearing to the Meeting on February 2, 2010 was made by Adrienne Pfluger and seconded by Bob Royce.
VOTE: Unanimous.
CERTIFICATE OF COMPLIANCE
Glenn Svenningsen, 39 Rayber Road. This is a Certificate of Compliance request for an Order for a dwelling and a garage that is built as shown on the Site Plan.
MOTION: A motion to release this Certificate of Compliance was made by Bob Royce and seconded by Adrienne Pfluger.
VOTE: Unanimous.
ADMINISTRATIVE REVIEWS
Herman Vandevenne, 75 Gosnold Road. This is a request to remove 10 dead, unstable trees. The Applicant has offered a 1-to-1 replacement of trees with native evergreens. Mr. Vandevenne has removed invasive species and planted native ones in a section of the yard greater than 100’ to the top of the bank and is working with the Commission to restore his buffer. A request to cut down at least 15 trees (scotch pines and red cedars) that are dying from bark beetles was heard 9/22/09 and was altered to just removal of 2 trees near the dwelling. The Commission asked for replacement trees and removal of some of the English ivy so the replacement trees would survive. There is no Site Plan showing the top of the coastal bank on this property.
MOTION: A motion to approve this Administrative Review was made by Judith Bruce and seconded by Bob Royce.
VOTE: Unanimous.
Joel Benton, 2 Beach Road. This is a request for the installation of a 10’ x 12’ shed within 50’ of a freshwater wetland on a lawn area.
MOTION: A motion to approve this Administrative Review was made by Judith Bruce and seconded by Adrienne Pfluger.
VOTE: 0-7-0 Denied. The Applicant should file a Notice of Intent or relocate the shed out of the 50’ buffer at this location.
CHAIRMAN’S BUSINESS
Approval of the Minutes from the Hearing/Work Meeting on December 15, 2009.
MOTION: A motion to approve the Minutes from the Hearing/Work Meeting on December 15, 2009 was made by Adrienne Pfluger and seconded by Judith Bruce.
VOTE: Unanimous.
The Meeting was adjourned at 9:16 a.m.
Respectfully submitted,
Leslie Derrick, Conservation Commission Secretary
Approved Dated
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