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Orleans Conservation Commission
Town Hall, Nauset Room
Hearing, Tuesday, January 19, 2010
PRESENT: Steve Phillips, Adrienne Pfluger, Bob Royce, Arnold Henson, Chairman; Judith Bruce, Vice-Chairman; Harry Herrick, James Trainor, (Members); Jamie Balliett, (Associate Member); and Jennifer Wood, Conservation Administrator.
ABSENT: Jim O’Brien, (Associate Member).
The Meeting opened at 8:30 a.m.
NOTICES OF INTENT
James & Daphne Hughes, 5 Skaket Circle by East Cape Engineering, Inc. The proposed construction of an addition onto an existing dwelling, enclosing a screened porch, & the installation of a wastewater tight tank. Work will occur in the 100’-buffer to a Salt Marsh & 2 Freshwater Wetlands, & within Land Subject to Coastal Storm Flowage & the Cape Cod Bay ACEC. Tim Brady, from East Cape Engineering, and James & Daphne Hughes, the Applicants, were present. Mr. Brady said he added the soil test logs onto the Site Plan, the locus map, and the steps from the deck. He said they are proposing 2 expansions—to enclose the existing screened porch and to construct an addition as wide as the porch up to the front of the dwelling. Mr. Brady said they attempted to design a
standard septic system, however, the site has bad soil conditions. The good soils are 19’-deep. The high water level is just 18” below the surface of the ground. There is a filled wetland across the street, and the 100-Year Flood Zone comes up to elevation 12. The proposed work is all within the Resource Area or buffer. Mr. Brady said he has had preliminary meetings with the Department of Environmental Protection (DEP) and based on the cost, the DEP said a holding tank could be considered for this dwelling. There will be low-flow fixtures. This will be a seasonal house, and there will be no more bedrooms. When the holding tank is full, it must be pumped out. When the tank is 3/5-full, an alarm will go off to pump the tank. Mr. Brady said this tank has been approved by the Board of Health, but it will need final approval from the DEP’s Wastewater Division. The estimate for a regular septic here would be $150,000. According to the
DEP guidelines, the value of the septic should be no more than 15% of the value of the property. $75,000 is 15% of the value of the property, so the DEP will consider the installation of a tight tank at this location. The existing septic system will be abandoned. Mr. Brady said the addition on the front of the house will be outside of 50’ from the salt marsh and the work is outside the boundary of the Cape Cod Bay ACEC. Arnold Henson said the wetland benefits must be enhanced for this project to be approved. He asked if the size of the lawn in back could be reduced? Judith Bruce said the tight tank is a good idea. She asked if the vegetation in the back yard could be improved and if the shed could be relocated out of the ACEC and the 50’-buffer? Mr. Brady said they would look at those requests. There will be a Deed Restriction for 6-month seasonal usage only. Jenny Wood said both the additions are in the
Resource Area, Land Subject to Coastal Storm Flowage. Water cannot be displaced and no utilities can be installed underneath the additions. She asked how high the floor level was? Mr. Brady said the proposal will have a foundation suitable for the flood zone, with no utilities. The Commission determined more information is needed on the height and structure of the foundation. The top of the foundation of the existing dwelling is just below the 100-Year Flood Zone. Arnold Henson asked for improvement to the vegetation at the edge of the wetland and suggested a split rail fence to show the edge of mowing. Mr. Brady agreed and said the Applicants would rather plant shrubs. He knows a Planting Plan drawn by a Landscaper will be required. Steve Phillips asked if the roof line would match the existing? Mr. Brady said yes, the roof will not be any higher than the existing roof. The design is not completed to date.
MOTION: A motion to continue this Hearing to the Meeting on February 16, 2010 was made by Steve Phillips and seconded by Adrienne Pfluger,
VOTE: Unanimous.
Miller/Carpenter, 31 Woodsneck Road by East Cape Engineering, Inc. The proposed reconstruction of portions of an existing dwelling; construction of a screened porch, second floor addition, new deck, residing, window replacement, & roof repair. Work will occur within 100’ of the Top of a Coastal Bank, & within the Pleasant Bay ACEC. Tim Brady, from East Cape Engineering, and Barbara Carpenter, the Applicant, were present. Mr. Brady said this proposal is primarily for a second story. They also want to expand the existing deck, and install a screened porch in the remaining open area form the deck to the garage. Arnold Henson said this is a difficult proposal for expansion of coverage within the ACEC, even with significant mitigation. Steve Phillips asked for the increase in square footage? Mr.
Brady said he would provide those figures. Mr. Phillips asked if they have considered any other options, such as expanding to the northwest side of the building? Mr. Brady said yes, but the leaching system is located there. It is not shown on the Site Plan. The proposed deck would be 2 levels. The hand-rail would be on the lower level, so when sitting on the upper level it would be possible to look over the railing to see the water. Arnold Henson asked how expanding a deck within the ACEC could be justified? Judith Bruce asked if the garage could be moved out of the ACEC? Mr. Brady said it was a drive-under garage and provided living space on the first floor. That would be too much of a change, but he would attempt to reconfigure the deck. The second story is more important to the Applicants, and they are willing to compromise on the deck. Arnold Henson asked about the cutting of trees and shrubs in the buffer and on the
bank? Adrienne Pfluger asked if the area was lawn down to the trees on the top of the bank? Mr. Brady said it is grass, but the grass is not mowed regularly, just a couple times a year. That could be restricted. Arnold Henson asked if it could become a No-Mow Zone? Mr. Brady said for portions of it. Mr. Henson said the trees should not be trimmed on the bank without approval. Mr. Brady said a Landscaping Plan for Annual Maintenance for mowing and supplemental shrubs could be provided. Jenny Wood said there are invasive species that could be removed and Annual Maintenance is only good for the life of the Order, then Administrative Reviews could be filed annually. Judith Bruce said she has issues with the second story as the view from a public beach would be affected. Ms. Bruce asked about the number of bedrooms? Mr. Brady said the number of bedrooms, 6, is not changing. The septic system is designed for 6. Arnold Henson said the
expansion of the deck in the ACEC is a problem and he would like to see improvement in the vegetation in the buffer for the proposed second floor. Judith Bruce said she thought the deck expansion could be mitigated by additional shrubs but not for adding on a second story. Mr. Brady said he would redesign the deck and talk with a Landscaper about a Mitigation Plan. He requested a Continuance.
MOTION: A motion to continue this Hearing to the Meeting on February 16, 2010 was made by Judith Bruce and seconded by Adrienne Pfluger.
VOTE: Unanimous.
CONTINUATION
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. There was a written request for a Continuance.
MOTION: A motion to continue this Hearing to the Meeting on February 23, 2010 was made by Bob Royce and seconded by Harry Herrick.
VOTE: Unanimous.
ADMINISTRATIVE REVIEWS
Betty Dee Kling, 168 Quanset Road. This is a request to remove 1 large cherry tree that went over in the snowstorm before Christmas. The tree was between the pond and the dwelling at the top of the coastal bank and did provide screening for the modest dwelling. Judith Bruce asked if there could be a replacement tree? This Administrative Review will be placed on hold for the Conservation Administrator to ask for a replacement tree.
Town of Orleans (Parks and Beaches Department), Nauset Beach. This is a request to install a 50’ telephone pole next to the Nauset Beach Administrative Building so a web-cam and weather station can be installed. Paul Fulcher, Superintendent of the Parks and Beaches Department, said the electricity will be used from the Administration Building. The existing telephone poles cannot be used as they are the property of NSTAR.
MOTION: A motion to approve this Administrative Review was made by Bob Royce and seconded by Judith Bruce.
VOTE: Unanimous.
Town of Orleans (Parks and Beaches Department), Nauset Beach. Dunes have formed on either side of the walkway from the parking lot to the beach. This is a request to fill the area previously occupied by the walkway with sand up to the level of the dunes, and then re-install the walkway with steps at either end. Paul Fulcher, Superintendent of the Parks and Beaches Department, said they spend too much time clearing the sand off the way it is now. The windblown sand fills in naturally. He may have to bring in a little bit of sand to level off the area in the spring. Jamie Balliett asked if this walkway was ever handicapped accessible? Mr. Fulcher said no. The main access to the beach is a ramp to the edge and there are wheelchairs available to get down on the beach.
MOTION: A motion to approve this Administrative Review was made by Judith Bruce and seconded by Bob Royce.
VOTE: Unanimous.
Edward and Lisa Guariglia, 9 Herring Brook Way. This is a request to dig and remove pachysandra and install drywells for drainage from the roof greater than 50’ from the top of a coastal bank. The Applicants also want to prune 3 limbs on a large oak that are growing over the building next to the top of the coastal bank. The Commissioners had some questions about the vegetation on the coastal bank. The Administrative Review will be placed on hold for more information.
REQUEST TO USE A CONSERVATION AREA
Windmill Park, Wedding, July 24, 2010, Jessica Harford/Ari Kleit, 70 people, 6:00-6:30 p.m.
MOTION: A motion to approve this activity at the Windmill Park Conservation Area was made by Jamie Balliett and seconded by Judith Bruce.
VOTE: Unanimous.
CHAIRMAN’S BUSINESS
Approval of the Minutes from the Work Meeting on January 12, 2010.
MOTION: A motion to approve the Minutes from the Work Meeting on January 12, 2010 was made by Judith Bruce and seconded by Adrienne Pfluger.
VOTE: Unanimous.
The Meeting was adjourned at 9:07 a.m.
Respectfully submitted,
Leslie Derrick, Conservation Commission Secretary
Approved Dated
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