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Orleans Conservation Commission
Town Hall, Nauset Room
Hearing, Tuesday, February 16, 2010
PRESENT: Adrienne Pfluger, Steve Phillips, 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
Peter Clinton, 68 Namequoit Road by Ryder & Wilcox, Inc. The proposed construction of an earthen berm landward of an existing bulkhead, & the installation of fiber rolls to the east. Work will occur on a Coastal Bank, on Land Subject to Coastal Storm Flowage, & within the Pleasant Bay ACEC. David Lyttle, from Ryder & Wilcox, Peter Clinton and Deborah Lawrence, the Applicants, were present. Mr. Lyttle said 3 rows of 20”-diameter fiber rolls are proposed at the easterly end of the locust-log bulkhead due to end scour from higher tides. The basement floods during astronomical high tides and they are proposing an earthen berm to prevent this flooding. The berm is not high enough to prevent flooding from storms. The top of the berm will be at elevation 8’, which
is 5’ below the flood elevation of 13’. A small catch basin will be installed in a low area and water will be piped back through a one-way valve to the water. Arnold Henson asked which side the flooding comes from? Mr. Lyttle said the flooding comes straight over the bulkhead. No excavation is required. Wilkinson Ecological Design submitted a Planting List showing 4 types of grasses to stabilize the berm. Arnold Henson asked how high the top of the bulkhead is? Mr. Lyttle said 5’. The top of the berm will be 3’ higher than the bulkhead at 8’. Mr. Lyttle said one section of filter fabric behind the bulkhead will be repaired with this filing. Arnold Henson asked if the berm would block off the marshy area? Mr. Lyttle said they would have to go around the berm for access to the beach. He will be raising the grade 2’ over a locust tree. Steve Phillips asked if the tree would die and need to
be replaced? Judith Bruce suggested that the dwelling be pushed back or placed on pilings? Mr. Lyttle said the Applicants prefer this location for their dwelling. Jenny Wood said locusts that provide screening will be removed as they are in the area where the fiber rolls will be installed. She asked if they would be replaced? Mr. Lyttle agreed to provide more screening. He said the Applicants are willing to plant more trees and would like to plant honey locusts. Ms. Wood asked about the water running through the pipe from the cellar? Mr. Clinton said the pipe has only been there since the first week of January and is temporary. Mr. Lyttle said he would have the pump go to a leaching facility if it becomes a more permanent problem. It will be monitored. Mr. Lyttle said the locust-log bulkhead has an Interim License. If the bulkhead is rebuilt, a new License would be required from the Waterways Licensing Department.
Adrienne Pfluger asked about nourishment for the fiber rolls? Mr. Lyttle said that has not been proposed.
MOTION: A motion to approve this project, conditioned on the types and numbers of replacement trees to be approved by the Conservation Administrator and the temporary pump from the cellar to be monitored, was made by Judith Bruce and seconded by Adrienne Pfluger.
VOTE: Unanimous.
Richard & Marcia Johannesen, 40 Viking Road by Ryder & Wilcox, Inc. Proposed extension & repairs to an existing Licensed pier; view cutting, & habitat improvement. Work will occur on a Coastal Bank, Salt Marsh, Land Subject to Coastal Storm Flowage, & within the Pleasant Bay ACEC. David Lyttle, from Ryder & Wilcox, and Teresa Sprague, from Wilkinson Ecological Design, were present. Mr. Lyttle said they are proposing to reconfigure the pier and maintain a view corridor with a Land Management Plan. The pier will be located as shown on the License. They want to extend the pier (by 2 sections) landward. 4 of the piles are in good shape. The remaining 10 piles will need to be replaced. Mr. Lyttle said they are asking to extend the pier 20’ landward. Arnold
Henson said this change will be subject to approval from the Waterways Licensing Department. Mr. Lyttle agreed. The pier will also be raised. It is not tall enough now. Mr. Lyttle read the variance request into the record. Jamie Balliett asked why not move the entire structure back? Mr. Lyttle said the water level is now higher, but the low water level is also lower. Judith Bruce asked what the minimum was for low water level? Mr. Lyttle said 3½’. He said the structure could be moved landward, but they would rather put the permanent piles back in the same locations as it would cause less disturbance to the bottom. Judith Bruce asked if the pilings could be smaller? The Division of Marine Fisheries stated in a letter they have no recommendations at this time. The dock is not within the navigation channel. Arnold Henson then asked about opening up the view? Ms. Sprague said the dense oak saplings
are out-competing the native understory, and some poplars are being undermined by tidal action. They propose to remove the oak and cherry saplings, and the poplars, and replace them with native plants. Arnold Henson asked if the house would then be looming out into the public view? Ms. Sprague said large trees will remain. Jenny Wood said maintenance of the view corridor is only good for the length of the Order, 3 years. Jamie Balliett asked if moving the pier structure forward would affect the foot traffic over the pier? Mr. Lyttle said it is easy to step over the ramp.
MOTION: A motion to approve this project, subject to approval from the Waterways Licensing Department, conditioned on the Standard Conditions for Planting Plans, and the view corridor maintenance is good only for the length of the Order, was made by Judith Bruce and seconded by Adrienne Pfluger.
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, said to the north and south of these areas are gabion revetments. One Abutter, Donald Lesieur, installed fiber rolls, but they failed and he put in gabions. Mr. Lyttle said the Association’s dinghies get loose and bang against the rolls. They have now installed a post system for dinghies to be tied up to, and this should stop the boats from damaging the bank. They are proposing to remove the fiber rolls and install gabions across the toe of the bank to
elevation 9. The flood elevation is 13. The gabions will be covered with sand. There is no marsh landward of the failed fiber rolls. Installing gabions could improve the marsh. Mr. Lyttle said the pier is used a lot. The area where boats are dragged will not be planted. Mr. Lyttle said his Client could return to the Commission annually to see if renourishment is necessary. There is no vehicular access to the bank. The work will be done by hand and with a mini-excavator from a barge. Jenny Wood said the Orders are usually conditioned to cover the gabions after a storm within a certain time limit. There is no Planting Plan but that can be submitted and approved by the Conservation Administrator as a Condition on the Order. Mr. Lyttle said the gabions will be buried initially, then he would only like to keep the top covered. Jenny Wood said the Order can be conditioned that way. Judith Bruce said she does
not want to see more uncovered gabions. Arnold Henson said there is a fetch there. There will be a requirement on the Order to keep the top of the gabions covered.
MOTION: A motion to approve this project, conditioned on the top of the gabions remaining covered, was made by Bob Royce and seconded by Judith Bruce.
VOTE: Unanimous.
NOTICE OF INTENT (CONTINUED)
Eugene & Mary Hornsby, 19 & 21 Little Bay Road by Ryder & Wilcox, Inc. Proposed installation of gabion toe protection with a sand cover. Work will occur on a Coastal Bank, Coastal Beach, within Land Subject to Coastal Storm Flowage & the Pleasant Bay ACEC. David Lyttle, from Ryder & Wilcox, said that this project and the previous Continuation are going to be approached in the same way and done at the same time.
MOTION: A motion to approve this project, conditioned on the top of the gabions remaining covered, was made by Judith Bruce and seconded by Harry Herrick.
VOTE: Unanimous.
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, said he had submitted a revised Site Plan showing a buffer with a Plant List by Wilkinson Ecological Design. Mr. Brady said the phragmites could intrude into the new planting area and would be removed by hand. Mr. Brady said the Owners did not want to relocate the shed but may in the future if it had to be repaired. Judith Bruce said the shed was supposed to be relocated out
of the ACEC. Steve Phillips asked about the propane tank? Mr. Brady said this is not a hazard as propane does not leak into the water table. Jenny Wood asked for information on the height of the foundation? Mr. Brady said the top of foundation is above the flood zone at slightly over 12’. Bob Royce said the foundation is shown at 11.6’. Mr. Brady said the finished floor will be above the flood zone. The foundation is in the flood zone. The new addition will be on pilings. There will be nothing stored underneath, no plumbing or furnace. Jenny Wood said the Planting Plan does not mention invasive species removal. There is a lot of bittersweet and honeysuckle. The plants on the Plant List are herbaceous and could easily be mowed over. Something must be installed to separate the buffer area from the lawn. A Management Plan is needed with a timeline on how the phragmites will be removed as well as the other
invasive species. New shrubs may be needed. Mr. Brady said he would request more information from Mr. Wilkinson. Arnold Henson said they are increasing living space by enclosing a porch within 50’, and adding a new addition. Mr. Brady said the installation of a holding tank requires a deed restriction for seasonal use only. The Commission requested this Hearing be continued to include more invasive species removal, replacement of native plants, and the installation of a split-rail fence or other demarcation of the new buffer plantings from the edge of the lawn.
MOTION: A motion to continue this Hearing to the Meeting on March 2, 2010 was made by Judith Bruce and seconded by Bob Royce.
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 they have removed the majority of the proposed deck expansion, leaving only a small triangular section. They want to keep the screened porch and this small part of the deck connects to the proposed screened porch. The location of the screened porch already has foundations on 3 sides--just a couple of posts will be needed for the foundation. Mr. Brady said the second
floor addition will be no more than 6’ higher and will cover only 25% of the dwelling. Ms. Carpenter said the original Architectural Plans were not correct. The second story is much lower. Arnold Henson said they are increasing the intensity of use and increasing structure within the ACEC. They need a good Mitigation Plan. Mr. Brady said a Planting Plan was submitted by Wilkinson Ecological Design showing an existing open meadow area of native grasses that will be mowed once a year. Invasive species will be removed and additional shrubs will be planted to separate the living portions of the property from the meadow. Judith Bruce said there is some public view from Nauset Beach. Jenny Wood said there is good screening to the southeast and the Order could be conditioned for no more pruning at this site. James Trainor said the new shed roof matches the existing roof and fits in better. There is no increase in the number of
bedrooms.
MOTION: A motion to approve this project, conditioned on no cutting at this site without approval by the Conservation Commission, was made by Judith Bruce and seconded by James Trainor.
VOTE: Unanimous.
CERTIFICATE OF COMPLIANCE
John Coughlan (2006), 15 Blue Heron Way. This Certificate of Compliance request for a single-family dwelling was heard March 25, 2008 and held for an As-Built Plan and for vegetation work to be viable after 3 years in 2010. The As-Built Plan was accepted on July 22, 2008. The vegetation mitigation has grown in and is stable. The Continuing Conditions to remain on this property include: 1. No plumbing in the boat house; 2. The buffer zone planting established along the salt marsh must remain as part of all land transfers.
MOTION: A motion to release this Certificate of Compliance was made by Judith Bruce and seconded by Bob Royce.
VOTE: Unanimous.
(Harry Herrick left the Meeting at this time, 9:55 a.m.)
ADMINISTRATIVE REVIEWS
John Coughlan, 15 Blue Heron Way. This is a request to remove two large pitch pines. One is infested with black turpentine beetles, and the other has dropped several limbs on the nearby boathouse. The boathouse blocks most of the view from the dwelling so removal of these trees will not leave an open view.
MOTION: A motion to approve this Administrative Review was made by Judith Bruce and seconded by Adrienne Pflguer.
VOTE: Unanimous.
Pam Peedin, 40 Gibson Road. This is a request to construct two dormers and replace/exchange windows and doors, including the addition of an entranceway overhang, and the replacement of garage doors with windows. The dwelling comes within 10’ of the Top of a Coastal Bank. The entire dwelling is within 60’ of the bank. There is an outstanding Order for an addition and a patio that does not have a Certificate of Compliance. The coastal stairway is not very stable and is built partly on the adjacent property. Dave Lyttle, from Ryder & Wicox, and Trevor Kurtz, the Builder, were present. Mr. Kurtz said 75% of this work is inside the dwelling. He said the rubber roof on the roof deck failed. They are proposing dormers and eliminating the roof deck completely. Mr. Kurtz said the dumpster
will be in the driveway, outside of 100’. Judith Bruce asked if this should be filed as a Notice of Intent due to the proximity of the resource areas? They are going to add a bedroom and the septic must be upgraded. Mr. Lyttle said he will follow up on the Certificate of Compliance and there will be a future Notice of Intent for the stairway. The Commission did not see how this work could go forward without a Notice of Intent. Mr. Lyttle said he would file the Notice of Intent.
MOTION: A motion to approve this Administrative Review was made by Steve Phillips and seconded by Judith Bruce.
VOTE: 0-7-0 Denied. The Applicant must file a Notice of Intent.
Mark Adorney, 47 Twiss Road. This is a request to remove 3 pitch pines—two with storm damage, and one leaning over the neighbor’s property. 5 red cedars will be planted as replacement trees. Two other pitch pines will be pruned of broken branches.
MOTION: A motion to approve this Administrative Review was made by Adrienne Pfluger and seconded by Bob Royce.
VOTE: Unanimous.
CHAIRMAN’S BUSINESS
Approval of the Minutes from the Work Meeting on February 9, 2010.
MOTION: A motion to approve the Minutes from the Work Meeting on February 9, 2010 was made by Judith Bruce and seconded by Adrienne Pfluger.
VOTE: 5-0-2 Approved (Bob Royce and James Trainor abstained).
The Meeting was adjourned at 10:12 a.m.
Respectfully submitted,
Leslie Derrick, Conservation Commission Secretary
Approved Dated
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