Orleans Conservation Commission
Town Hall, Nauset Room
Work Meeting, Tuesday, March 9, 2010
PRESENT: Steve Phillips, Adrienne Pfluger, Bob Royce, Arnold Henson, Chairman; Harry Herrick, James Trainor, (Members); Jamie Balliet, (Associate Member); and Jennifer Wood, Conservation Administrator.
ABSENT: Judith Bruce, Vice-Chairman, (Member); and Jim O’Brien, (Associate Member).
The Meeting opened at 8:30 a.m.
CONTINUATIONS
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. A request for a Continuation was submitted by David Lyttle, from Ryder & Wilcox.
MOTION: A motion to continue this Hearing to the Meeting on March 23, 2010 was made by Harry Herrick and seconded by Adrienne Pfluger.
VOTE: Unanimous.
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 the southern portion of the dwelling is on a dirt crawl space and this is the portion that flooded. The northerly portion of the house is on a full foundation. This is where the furnace is located and it was not flooded. Mr. Lyttle said they are proposing to block off the entranceway to the crawl space and create a new access from inside the house. They are proposing to remove invasive species from the area designated on the Site Plan and have met with Teresa
Sprague, from Wilkinson Ecological Design, who will be making the Management Plan. Arnold Henson questioned issuing the Order without the Management Plan? Mr. Lyttle said the area is relatively small, and they will not receive their Certificate of Compliance till the approved planting is completed. Jenny Wood said the plantings must restore the thicket with woody trees and shrubs and not just herbaceous plants. Mr. Lyttle said the lawn area extends to the high-water mark for access to the pier. Steve Phillips asked about a sump pump? Mr. Lyttle said a sump pump would just be needed for an emergency. Jenny Wood said there is English ivy underneath the deck and that would be conditioned for removal. Jamie Balliett asked if Wilkinson Ecological Design will be doing the planting work? Mr. Lyttle said he is not sure.
MOTION: A motion to approve this project with the Site Plan dated 3/4/10, subject to a Management Plan, including a Planting Plan, being submitted and approved by the Conservation Administrator, was made by Jamie Balliett and seconded by Adrienne Pfluger.
VOTE: Unanimous.
CERTIFICATES OF COMPLIANCE
Alan and Frances McClennen (2004), 157 Namequoit Road. This is a request for a Certificate of Compliance for an Order to rebuild a shed, to rebuild wooden retaining walls with stone, and to put in an electric line for solar panels that was built as shown. The vegetation is stable.
MOTION: A motion to release this Certificate of Compliance was made by Harry Herrick and seconded by Jamie Balliett.
VOTE: Unanimous.
Dyer/Mullin (2001), 30 Skaket Beach Road. This is a request for a Certificate of Compliance for an Order for a dwelling. The dwelling is built as shown. There is an undisturbed buffer. The vegetation is stable.
MOTION: A motion to release this Certificate of Compliance was made by Steve Phillips and seconded by Jamie Balliett.
VOTE: Unanimous.
ADMINISTRATIVE REVIEWS
George Brescia, 15 Packet Landing. This is a request to remove 7 trees--3 dead cedars near the shore of Meeting House Pond, 3 large oaks within Land Subject to Coastal Storm Flowage, and 1 large pitch pine that is not near the bank. The coastal bank is not shown on the 1987 Site Plan. Arnold Henson asked about replacement trees? Jenny Wood said they could use some young trees. The trees proposed for removal are off to the side and there would not be a large increase in visibility from the water. Steve Phillips asked if the large oaks were diseased? Jenny Wood said she did not know why they wanted to remove the oaks. The Commission determined that more information is needed and this Administrative Review was placed on hold.
Tom Heiser, 27 Carlton Road. This is a request to reinstall the top row of gabions displaced by a recent storm. The 2001 Order to install the gabions requires the vegetation layer over the gabions to be replaced within 1 year. There is no provision for fixing the gabions. There is no Certificate of Compliance on this Order. There has been recent cutting on the coastal bank. The last Administrative Review filed for pruning on the bank was in 2005. The bank on the adjacent property of Hampton, 40 Carlton Road, has also been cut. They filed an Administrative Review in 2008 to remove 1 tree. Arnold Henson said there is no clear picture of what they intend to repair at this site and there is potentially too much work to file as an Administrative Review.
MOTION: A motion to approve this Administrative Review was made by Adrienne Pfluger and seconded by Steve Phillips.
VOTE: 0-7-0 Denied. The Applicant must file a Notice of Intent.
Kevin Cassidy, 44 Captain Linnell Road. This is a request to cut down the brush and brambles to 3’ next to the marsh and prune up the trees, and to remove the vines from 3 trees. The brush (large shrubs, trees, and vines) has both native and non-native plants in it and could be improved with selective cutting. It would not improve the habitat to cut the native shrubs to 3’. Replacement shrubs and plants may be necessary and were not offered. The Commission determined this is a sensitive area and there is too much work proposed for an Administrative Review.
MOTION: A motion to approve this Administrative Review was made by Jamie Balliett and seconded by Steve Phillips.
VOTE: 0-7-0 Denied. The Applicant must file a Notice of Intent.
REVISED PLAN
Bruce Hirschberg (2007), 47 White’s Lane. The Plan has been revised to show a 10’ x 25’-wide deck on the landward side of the dwelling. This dwelling is in the Pleasant bay ACEC and the proposed deck would be greater than 50’ to a freshwater wetland and a coastal bank. David Lyttle, from Ryder & Wilcox, and Bruce Hirschberg, the Applicant, were present.
MOTION: A motion to approve this Revised Plan was made by James Trainor and seconded by Jamie Balliett.
VOTE: Unanimous.
CHAIRMAN’S BUSINESS
Approval of the Minutes from the Hearing/Work Meeting on March 2, 2010.
MOTION: A motion to approve the Minutes from the Hearing/Work Meeting on March 2, 2010 was made by Adrienne Pfluger and seconded by Jamie Balliett.
VOTE: Unanimous.
The Meeting was adjourned at 8:50 a.m.
Respectfully submitted,
Leslie Derrick, Conservation Commission Secretary
Approved Dated
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