Orleans Conservation Commission
Town Hall, Nauset Room
Hearing, Tuesday, March 16, 2010
PRESENT: Steve Phillips, Judith Bruce, Acting Chairman; Harry Herrick, James Trainor, (Members); Jim O’Brien, (Associate Member); and Jennifer Wood, Conservation Administrator.
ABSENT: Arnold Henson, Chairman; Adrienne Pfluger, Bob Royce, (Members); and Jamie Balliett, (Associate Member).
The Meeting opened at 8:30 a.m.
CONTINUATIONS
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. Stephanie Sequin, from Ryder & Wilcox, and Dan Davis, the Builder, were present. Ms. Sequin said the revised Plan, 3/12/10, shows a vernal pool and a mitigation area to the 25’ buffer, instead of the 50’ buffer. Toward the western portion of the property is a Bordering Vegetated Wetland that has a vernal pool that has been flagged and identified by the standing water. The existing house was built in 1964. It is 39’ from the vegetated wetland and 69’ from the vernal pool. The existing lawn goes to the edge of the wetland. The Title 5 septic system was installed in 1998 and the dwelling will remain 4-bedrooms. The Applicants are proposing to update the dwelling. The garage and back deck are to be removed. A new garage and an addition to the south,
and a second-story addition will be built. They are also building a deck on top of the second-story. Ms. Sequin said the existing house is within the 50’ buffer and the second-story expansion within the existing footprint would be within the 50’ buffer and the 50’-75’ buffer. The addition to the south is greater than 50’, but a small area of 26 square feet is within the vernal pool buffer. As mitigation, they are going to convert 3,400 square feet of existing lawn into a naturalized buffer. Judith Bruce said 100’ to the vernal pool is the resource area, and this proposal calls for construction within the resource area. She asked if the addition could be moved over? Ms. Sequin said that would be moving it 6’. Jim O’Brien asked if the vernal pool delineation had been verified? Jenny Wood said she would have to do that. Steve Phillips asked for the increased square footage? Ms. Sequin
said 1,147 square feet of building coverage. This figure does not include the square footage on the second floor. Ms. Bruce asked if the buffer could be increased? The Applicants were offering a 50’ buffer on the original proposal, but that has been reduced to 25’. Ms. Sequin said they did not want to vegetate the whole buffer as they use this area as a ball field. Jenny Wood asked what is the mitigation planting? She suggested the Applicants speak to a Landscaper to see what can be offered, and to set up the yard to be more beneficial to the vernal pool. A more specific Mitigation Plan is needed and the Conservation Administrator must verify the vernal pool dimensions.
MOTION: A motion to continue this Hearing to the Meeting on April 13, 2010 was made by Harry Herrick and seconded by Steve Phillips.
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. Matt Farrell, from J.M. O’Reilly & Associates, and Dawson & Lynn Farber, the Applicants, were present. Mr. Farrell said the Site Plan dated 2/19/10 was revised to eliminate the 90-degree return on the eastern portion of the wall. It may not be needed due to the low area next to the revetment. The western end has a 90-degree return. Mr. Farrell said there will be less than 4’ of exposed stone. The wall will be 1’ above the existing scarp. Mr. Farrell said they have worked with
the Abutter, and satisfied the State requirements. There are no nesting turtles in this location. Steve Phillips asked about egg crate construction or a rough surface to the revetment to break up wave action? Mr. Farrell said this site does not have a lot of wave action. Judith Bruce said she would rather see an irregular surface to the revetment. Mr. Farrell said the Applicants were willing and the Order could condition it. Mr. Phillips asked if there would be damage to the salt marsh vegetation? Mr. Farrell said the limit of work is landward of that area. James Trainor asked if this wall was going to be high enough? Mr. Farrell said there was a flat area on top of the wall, and it will take a lot for the top stones to wash away. Jenny Wood said the purpose of a revetment is to save the toe, not the whole bank. It is important that sediment is available during storms. This sediment is what builds up the marshes and
beaches. You don’t need to armor high on the bank. If the toe is held in the same location, the slope can be refilled so that it remains the same. Lynn Farber said they want to pursue their proposal as it has been presented.
MOTION: A motion to approve this project, conditioned on an irregular surface and Standard Conditions for Coastal Erosion Structures (CES) was made by Steve Phillips and seconded by Harry Herrick.
VOTE: Unanimous.
CERTIFICATES OF COMPLIANCE
Colonial Gas Company/National Grid( 2009), Cedar Land Road. This is a request for a Certificate of Compliance for an Order for a gas line installation. An As-Built Plan and photographs have been submitted. This Order was conditioned on the receipt of the request for Certificates of Compliance on all other Orders for gas line installations. (See the following.)
MOTION: A motion to release this Certificate of Compliance was made by Steve Phillips and seconded by Harry Herrick.
VOTE: Unanimous.
Colonial Gas Company/National Grid (1999), Countryside Drive. This is a request for a Certificate of Compliance for an Order for a gas line installation. Photographs have been submitted.
Colonial Gas Company/National Grid (1999), Namequoit Road/Riverview Way. This is a request for a Certificate of Compliance for an Order for a gas line installation. Photographs have been submitted.
Colonial Gas Company/National Grid (1998), Brick Hill Road. This is a request for a Certificate of Compliance for an Order for a gas line installation. Photographs have been submitted.
Colonial Gas Company/National Grid (1998), Grandview Drive. This is a request for a Certificate of Compliance for an Order for a gas line installation. Photographs have been submitted.
Colonial Gas Company/National Grid (1997), Marshwind Lane. This is a request for a Certificate of Compliance for an Order for a gas line installation. Photographs have been submitted.
Colonial Gas Company/National Grid (1997), Preservation Path. This is a request for a Certificate of Compliance for an Order for a gas line installation. Photographs have been submitted.
Colonial Gas Company/National Grid (1997), Skaket Beach Road. This is a request for a Certificate of Compliance for an Order for a gas line installation. Photographs have been submitted.
Colonial Gas Company/National Grid (1996), Great Oak Road. This is a request for a Certificate of Compliance for an Order for a gas line installation. Photographs have been submitted.
Colonial Gas Company/National Grid (1996), Brick Hill/Pochet Road. This is a request for a Certificate of Compliance for an Order for a gas line installation. Photographs have been submitted.
Colonial Gas Company/National Grid (1996), Pochet Road. This is a request for a Certificate of Compliance for an Order for a gas line installation. Photographs have been submitted.
Colonial Gas Company/National Grid (1996), Beach Road. This is a request for a Certificate of Compliance for an Order for a gas line installation. Photographs have been submitted.
MOTION: A motion to release the above 11 Certificates of Compliance was made by Steve Phillips and seconded by Harry Herrick.
VOTE: Unanimous.
ADMINISTRATIVE REVIEWS
Richard and Lisa Pell, 114 Barley Neck Road. This is a request to remove one willow tree that went over near a freshwater wetland. The work will be done by Marcelle Desrochers.
MOTION: A motion to approve this Administrative Review was made by Jim O’Brien and seconded by James Trainor.
VOTE: Unanimous.
Harriet Wicke, 19 Nauset Road. This is a request to replace 5 sonotube footings and 1 carrying beam on an existing deck up the slope from a freshwater wetland. The new footings will be closer to the dwelling than the existing footings. There is a 1978 Order on this property that was never recorded. An As-Built Plan has been submitted with this request.
MOTION: A motion to approve this Administrative Review was made by Steve Phillips and seconded by James Trainor.
VOTE: Unanimous.
McClennen Trust, 661 South Orleans Road. This is a request to replace a low timber wall with stone, to extend the wall to improve the grade, to replace timber steps with stone, to remove 1 pine tree, and to remove a privet hedge and put in arborvitae, and a mass planting of native trees and shrubs. This work is partly to restore an area of construction for a new water line near a coastal bank next to Route 28.
MOTION: A motion to approve this Administrative Review was made by James Trainor and seconded by Steve Phillips.
VOTE: Unanimous.
Richard Thompson, 24 Priscilla Road. This is a request to re-shingle the most eastern side of the roof on the original house, block up one door, and replace 9 windows in the same openings. Only a small section of this work is within 100’ of a freshwater wetland. A Notice of Intent filing has been submitted for additional work proposed closer to the wetland that will be heard at the April 6, 2010 Hearing.
MOTION: A motion to approve this Administrative Review was made by James Trainor and seconded by Harry Herrick.
VOTE: Unanimous.
REQUEST FOR AN EXTENSION
William Brotherton (2007), 17 Blue Rock Road. This is a request for a 1-Year Extension to April 6, 2011. This Order has a Vegetation Management Plan that must be completed as part of the Order. The Extension is for planting.
MOTION: A motion to grant this 1-Year Extension was made by James Trainor and seconded by Steve Phillips.
VOTE: Unanimous.
CHAIRMAN’S BUSINESS
Approval of the Minutes from the Work Meeting on March 9, 2010.
MOTION: A motion to approve the Minutes from the Work Meeting on March 9, 2010 was made by James Trainor and seconded by Harry Herrick.
VOTE: 4-0-1 Approved (1 abstention).
The Meeting was adjourned at 9:25 a.m.
Respectfully submitted,
Leslie Derrick, Conservation Commission Secretary
Approved Dated
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