Orleans Conservation Commission
Town Hall, Nauset Room
Hearing, Tuesday, March 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
Carol & James Donnelly, Jr., 31 Herring Brook Way by Ryder & Wilcox, Inc. Proposed renovations to an existing dwelling & garage. Work will occur within 100’ of the Top of a Coastal Bank & the Edge of a Marsh, & within Land Subject to Coastal Storm Flowage & the Pleasant Bay ACEC. David Lyttle, from Ryder & Wilcox, said this project came before the Commission under an Administrative Review and the Builder, Clay Wilkins, was advised to submit a Notice of Intent. Mr. Lyttle said there is no change in footprint. The dwelling and garage will be renovated with new--windows, doors, roofs, siding, and footings underneath the porch and deck. The bulkhead will also be replaced. Mr. Lyttle submitted a variance request. He said the flat roof on the porch will be replaced with
a gabled roof. Adrienne Pfluger asked if any increase in the vegetated buffer was offered? Mr. Lyttle said no, the yard is not very large. Mr. Lyttle said they originally proposed installing a wall in front of the access to the basement because of flooding. Now they intend to block off the access. The basement flooded last weekend. They will create an opening within the building itself to get to that part of the cellar. Jenny Wood was concerned about flooding in the cellar. Mr. Lyttle said the first floor would have to be above elevation 13 if a new dwelling was constructed under the Code with flood openings for the water to get in and out. The Builder is doing this work in phases over 3 years so that this dwelling does not have to be brought up to FEMA standards. Judith Bruce asked about the furnace in the cellar? Mr. Lyttle said they will install a sump pump. Ms. Bruce asked where the water from the sump pump will go? It
should not be directed into Lonnie’s Pond. Steve Phillips said the right hand side of the house, from the road, needs gutters and downspouts. Mr. Lyttle asked if a stone drip line was acceptable? Judith Bruce said there should be no cutting at the edge of the marsh. Jenny Wood said the area next to the marsh could be improved as there are a lot of invasive species. James Trainor suggested the Applicants consider a gas heating system instead of oil.
MOTION: A motion to continue this Hearing to the Meeting on March 9, 2010 was made by Adrienne Pfluger and seconded by James Trainor.
VOTE: Unanimous.
Patricia & Peter Bishop, Jr., 1 Morningside Circle by Ryder & Wilcox, Inc. The proposed removal of a portion of an existing dwelling & the construction of additions. Work will occur within 100’ of the Edge of a Freshwater Wetland. David Lyttle, from Ryder & Wilcox, requested a Continuance.
MOTION: A motion to continue this Hearing to the Meeting on March 16, 2010 was made by Bob Royce and seconded by Judith Bruce.
VOTE: Unanimous.
Michael & Rosanne Panio, 197 Quanset Road by Coastal Engineering, Inc. Proposed expansion & reconfiguration of the float on an existing Licensed pier. Work will occur on Land Under the Ocean & within the Pleasant Bay ACEC.
A letter requesting a Continuance was submitted by Donald Munroe from Coastal Engineering.
MOTION: A motion to continue this Hearing to the Meeting on July 20, 2010 was made by Judith Bruce and seconded by Adrienne Pfluger.
VOTE: Unanimous.
CONTINUATIONS
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. Katelyn Siddell, for East Cape Engineering, said the new Site Plan with a revision date of March 1, 2010 shows the shed moved out of the ACEC and a fence in front of the area to be revegetated. In addition to the planting specifications from Wilkinson Ecological Design, there is a Phragmites Management Protocol that describes two possibilities of reducing phragmites. Jenny Wood said there are invasive species in the
brushy areas that need to be removed. Native shrubs may be needed in the areas after removal. The Planting Specifications need a timetable. The fence is to stop mowing of this area once it is stable. Ms. Wood said the Order could be conditioned on the approval of an acceptable Vegetation Management Plan before any work begins on the dwelling.
MOTION: A motion to approve this project subject to acceptance of a Vegetation Management Plan was made by Judith Bruce and seconded by James Trainor.
VOTE: Unanimous.
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. A letter requesting a Continuance was submitted by Matt Farrell from J.M. O’Reilly & Associates.
MOTION: A motion to continue this Hearing to the Meeting on March 16, 2010 was made by Judith Bruce and seconded by Adrienne Pfluger.
VOTE: Unanimous.
CERTIFICATES OF COMPLIANCE
Peter Begin (2009), 3 Seaside Drive. This request for a Certificate of Compliance for an Order for a septic upgrade is in compliance with the Board of Health. The disturbed area has been mulched or seeded.
MOTION: A motion to release this Certificate of Compliance was made by Judith Bruce and seconded by Adrienne Pfluger.
VOTE: Unanimous.
Michael Panio (1992), 197 Quanset Road. This is a request for a Certificate of Compliance for chink stone on the coastal bank with a minimum of 8” of sand to be maintained and replaced. The chink stone is not covered at this time. A post-and-rail fence was allowed under this Order. The fence now has snow fence attached to it. This project is not in compliance and the request for a Certificate of Compliance will be placed on hold.
Paul Grous (2009), 19 Blueberry Island Road. This request for a Certificate of Compliance for an Order for a septic upgrade is in compliance with the Board of Health. The vegetation is stable.
MOTION: A motion to release this Certificate of Compliance was made by Adrienne Pfluger and seconded by Bob Royce.
VOTE: Unanimous.
George Krouse (1999), 42 Old Field Road. This request for a Certificate of Compliance is for an Order to extend gabions along the toe of a bank. An As-Built Site Plan, profiles, and photographs have been submitted.
MOTION: A motion to release this Certificate of Compliance was made by Bob Royce and seconded by Adrienne Pfluger.
VOTE: Unanimous.
REQUEST TO RELEASE BOND
This is a request to release the bond to George Krouse for $600.00 that was held for the above Order for a gabion revetment.
MOTION: A motion to release the $600 Performance Bond at 42 Old Field Road was made by James Trainor and seconded by Adrienne Pfluger.
VOTE: Unanimous.
ADMINISTRATIVE REVIEWS
Orleans Conservation Trust (Kris Ramsey), 55 Grandview Drive. This is a request for Part 1 of a 3-year Management Plan to restore a coastal bank to native species. A seed mix of native grasses will be placed on the disturbed areas. A coarse mulch will be used if necessary. Once the invasive species are removed, the area will be planted with native trees and shrubs. There is no dwelling at this location.
MOTION: A motion to approve this Administrative Review was made by Harry Herrick and seconded by Judith Bruce.
VOTE: Unanimous.
Joan Mayer, 61 Kenneth Lane. This is a request to remove 1 arborvitae on the seaward side of the dwelling, and on the landward side of the dwelling to prune the broken limbs out of 3 pitch pines and 1 white pine, and to prune several limbs of a pitch pine to give another tree more room. Most of this is storm damage.
MOTION: A motion to approve this Administrative Review was made by Judith Bruce and seconded by Adrienne Pfluger.
VOTE: Unanimous.
Thomas Campbell, 72 Gibson Road. This is a request to replace the windows and doors and re-shingle the dwelling. Three interior beams will have to be installed for support. Two of the beams are over sliders onto the porch and the other is in the cellar. The porch is approximately 6’ from the top of a coastal bank. None of this work changes the footprint of the dwelling and no new bedrooms are proposed. Susan Ladue, from Eastward Company, was present. Judith Bruce said the dwelling is small and there will be no expansion.
MOTION: A motion to approve this Administrative Review was made by James Trainor and seconded by Judith Bruce.
VOTE: Unanimous.
David Reibstein, 32 Arey’s Lane. This is a request to prune 25-30 oaks down out of the power line along Arey’s Lane. The work will be done by Bruce White. Arey’s Lane is below the coastal bank.
MOTION: A motion to approve this Administrative Review was made by Harry Herrick and seconded by Adrienne Pfluger.
VOTE: Unanimous.
James Ford, 48 Tonset Road. This is a request to renovate a 3.5’ x 7’ concrete stoop to a 5’ x 8’ covered porch entranceway and to add dormers for more headroom upstairs-- two 7’-wide doghouse dormers to the south, and the continuation of the shed dormer on the east-facing roof around the corner to the north-facing roof. Most of the concrete stoop is greater than 100’ from a coastal bank. Most of the work on the dwelling is between 50’-100’ to the top of a coastal bank. A small part is within 50’. There is a 1982 Order to build the garage and sunroom that does not have a Certificate of Compliance. David Lyttle, from Ryder & Wilcox, said he would address the old Order. John Hemming, the Builder, said the proposed work is all the Applicants
can afford now. They are proposing to increase their living space. There is no increase in bedrooms.
MOTION: A motion to approve this Administrative Review was made by Judith Bruce and seconded by Adrienne Pfluger.
VOTE: Unanimous.
Elizabeth Wharff, 4 Natural Drive. This is a request to construct a 12’ x 17’ screened porch over part of the existing deck approximately 70’ from a freshwater wetland.
MOTION: A motion to approve this Administrative Review was made by Judith Bruce and seconded by Adrienne Pfluger.
VOTE: Unanimous.
Kathleen Hoffman, 60 Captain Linnell Road. This is a request to raise the roof and put an addition over an existing garage and dining room. The old Site Plan does not show that this dwelling is built on a Coastal Bank or that it is within Land Subject to Coastal Storm Flowage and the ACEC.
MOTION: A motion to approve this Administrative Review was made by Adrienne Pfluger and seconded by Bob Royce.
VOTE: 0-7-0 Denied. The Applicant must file a Notice of Intent.
REQUEST TO USE CONSERVATION PROPERTY
Windmill Park, Wedding, July 18, 2010, Dawn Schisler/Keith Belmore
1:30-3:30 p.m., 80 people.
MOTION: A motion to approve this activity at the Windmill Park Conservation Area was made by Judith Bruce and seconded by Adrienne Pfluger.
VOTE: Unanimous.
REVISED PLANTING PLAN
Krenicki (Spenlinhauer) 2007, 80 Gibson Road. This request for approval of a Planting Plan was heard February 9, 2010 and held to confirm that the present Owners are in favor of this Plan. We have an email stating that they approve of the Plan. This Plan shows boulders at the edge of the lawn area to discourage mowing into the naturalized area, and a shell pathway and a bench that are also shown on the As-Built Plan.
MOTION: A motion to accept this Planting Plan was made by Judith Bruce and seconded by Adrienne Pfluger.
VOTE: Unanimous.
CHAIRMAN’S BUSINESS
Approval of the Minutes from the Work Meeting on February 23, 2010.
MOTION: A motion to approve the Minutes from the Work Meeting on February 23, 2010 was made by Adrienne Pfluger and seconded by Judith Bruce.
VOTE: 6-0-1 Approved (Steve Phillips abstained).
The Meeting was adjourned at 9:04 a.m.
Respectfully submitted,
Leslie Derrick, Conservation Commission Secretary
Approved Dated
| 
