Orleans Conservation Commission
Town Hall, Nauset Room
Hearing, Tuesday, February 2, 2010
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
Man-Kong Tsui & Susan Ip, 31 Ruggles Road by East Cape Engineering, Inc. Proposed construction of in-ground stone steps & pruning of vegetation along the existing path. Work will occur on & within 100’ of a Coastal Bank. Tim Brady, from East Cape Engineering, said there is an existing path 90% of the way. The path will begin at the corner of the concrete retaining wall near the house. A couple of steps will be put in there and some shrubs will be transplanted to make room. Further down the path, a tree will be removed. These steps will be dug-in by hand. Steve Phillips asked if there were erosion problems? Mr. Brady said no, the steps are for safety. It is a little steep at the top of the bank. Judith Bruce asked about wooden timbers instead of stone? Mr. Brady
said there would be no difference between stones or timbers that are dug-in. The site is heavily wooded and the proposed path will be gradual.
MOTION: A motion to approve this project was made by Steve Phillips and seconded by Adrienne Pfluger.
VOTE: Unanimous.
Mary Allen Bradley, 4 Etta’s Way by Ryder & Wilcox, Inc. The proposed construction of a detached garage/studio & a flagstone patio & walkway. Work will occur within 100’ of a Coastal Bank. David Lyttle, from Ryder & Wilcox, Greg DeLory, the Architect, and Mary Allen Bradley, the Applicant, were present. Arnold Henson said there is a lot of proposed work between 75’-100’. Mr. DeLory said yes, there is a new structure and they are proposing to add a flagstone patio between 50’-75’. Judith Bruce said the proposed building is outside the ACEC, but the Commission must protect the public view from the water. She asked if this new structure would be visible from the water? Mr. DeLory said the new structure will be in back of the existing house and
will not be visible from the pond. Arnold Henson asked how to justify the substantial increase in coverage within 100’? Jenny Wood said because the existing dwelling is within the 50’ buffer, there is not a lot of wildlife habitat and no buffer to the coastal bank. Mr. DeLory offered to remove an ivy patch to the west of the proposed structure and plant the area with natives. Ms. Wood said the bank and the buffer could be improved. James Trainor asked what percentage of the gravel driveway is going to be removed? Mr. Delory said very little and a new approach to the garage is being added. Steve Phillips asked if the flagstone patio would be dry-laid? Mr. DeLory said yes. James Trainor suggested removing part of the existing driveway and parking area by 10 to 15’ to outside the 75’ buffer? He said the walkway could be moved closer to the building, and the parking area would be closer to the side of the
building. The Commission requested the lawn be reduced, the invasive species be removed, and native plants be installed to improve the wildlife habitat. Mr. DeLory said it would be difficult to remove the lawn area on the east because it is needed for access around the dwelling. Arnold Henson suggested a Site Visit with the Conservation Administrator.
MOTION: A motion to continue this Hearing to the Meeting on March 9, 2010 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. David Lyttle, from Ryder & Wilcox, asked to continue this Hearing to the Meeting of February 16, 2010 when a new Notice of Intent will be heard for the adjoining property.
MOTION: A motion to continue this Hearing to the Meeting on February 16, 2010 was made by Bob Royce and seconded by Judith Bruce.
VOTE: Unanimous.
CERTIFICATE OF COMPLIANCE
O’Hara/Despotopulos (2006), 44 Gibson Road. This Certificate of Compliance request is for an Order for a demolition and new dwelling and a coastal stairway. The new dwelling is built as shown with a large rock retaining wall to the south largely out of the buffer, and a smaller one to the west. The coastal stairway is built as shown with the addition of a gate at the top. The sides are very steep in the beginning section. This project had a Mitigation Planting Plan for the 50’ buffer. The shrub and tree part of the Plan has been installed, but not the native grassland areas. Russ Holden, from Ryder & Wilcox, was present. The field areas at this site still look like mowed lawn. The area is not naturalized. Mr. Holden said they were allowed to mow once a year in the winter. Judith
Bruce said they are mowing more than that. Mr. Holden said his Clients will allow the meadow areas to grow in to see what grass is in there. Then they will call the Conservation Administrator to see what the next step is. Jenny Wood said the Applicants need a Landscaper to identify the grasses and to bring in a Plan to establish a meadow with native grasses. Arnold Henson said the Certificate of Compliance will be placed on hold.
ADMINISTRATIVE REVIEWS
Dickson Island Trust, 176 Quanset Road. This is a request to improve/reinforce the causeway through the salt marsh to the dwellings by the addition of mid-size stones. The causeway is in good condition with good vegetation on both sides. There is a culvert that runs under it. Stone has been placed on the roadbed under an Administrative Review. Tides occasionally flood over the causeway. Jenny Wood said there is no Plan with this request. The number of rocks is not specified. There is good vegetation there now and plenty of stone on the roadbed. This Application will be held for more information.
Tim Gainey, 29 Beach Plum Lane. This is a request to place fill in an abandoned septic leaching pit located in or near Land Subject to Coastal Storm Flowage and in the buffer to a salt marsh. The work will be done with a mini-excavator with the smallest disturbed area possible. There will be no
re-contouring of the area. Tim Gainey, the Applicant, said the hole is 6’ x 8’-deep. The new septic system has been installed.
MOTION: A motion to approve this Administrative Review was made by Judith Bruce and seconded by Bob Royce.
VOTE: Unanimous.
Snow Point Association, Freeman Lane. This is a request to remove a small cedar growing under a large cedar, and to remove vines from the large cedar next to the roadway and on the coastal bank to Wood’s Cove. The Applicant also wants to mow the Rosa rugosa to the ground in the island of the turnaround of Freeman’s Lane and in front of the fence on the right-of-way to Nauset Marsh. The bayberry bushes will not be cut in these areas.
MOTION: A motion to approve this Administrative Review was made by Judith Bruce and seconded by Bob Royce.
VOTE: Unanimous.
REQUEST TO RELEASE BOND
Laura Magleby (2006), 7 Spinnaker Trail. The $2000.00 bond has been held to allow the planting for a 50’-buffer to a vernal pool to become established. The trees and other plants are doing well.
MOTION: A motion to release the Performance Bond for this property was made by Bob Royce and seconded by Judith Bruce.
VOTE: Unanimous.
CHAIRMAN’S BUSINESS
Approval of the Minutes from the Work Meeting on January 26, 2010.
MOTION: A motion to approve the Minutes from the Work Meeting on January 26, 2010 was made by Adrienne Pfluger and seconded by Bob Royce.
VOTE: Unanimous.
The Meeting was adjourned at 9:02 a.m.
Respectfully submitted,
Leslie Derrick, Conservation Commission Secretary
Approved Dated
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