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Conservation Minutes 2010-06-01
Orleans Conservation Commission
Town Hall, Nauset Room
Work Meeting, Tuesday, June 01, 2010


PRESENT:  Bob Royce, Arnold Henson, Chairman; Judith Bruce, Vice-Chairman; Adrienne Pfluger , Harry Herrick, Steve Phillips, James Trainor, (Members); Jim O’Brien, (Associate Member); and Jennifer Wood, Conservation Administrator.

ABSENT:  Jamie Balliett (Associate Member)

8:30 a.m.       Call to Order   

Notice of Intent
Richard Rowson,14 Alden Road by Felco, Inc. Assessor’s Map 21, Parcel 80. The proposed replacement of a cement block junction basin and new pipe installation to improve stream flow. Work will occur within 100 feet to a fresh water wetland and a salt marsh. David Lajoie from Felco Inc. said the junction box was on the east side of the property within the road layout and is in need of replacement.   The existing 4” underground pipe will be replaced by an 8” pipe and will exit out into the existing ditch into the marsh.  Steve Phillips asked about the other drainage pipe that drains through this property. David Lajoie said this pipe is connected to a catch basin in the road way and is not being replaced.    Judith Bruce asked if the junction basin to be replaced is in the road layout, who owns the road layout. The junction box appears to be part of the yard. It is not on the part of the road that cars travel on. David Lajoie said he would get permission from neighbors if that is necessary. Jenny Wood said this pipe is longer than the existing pipe. The Commission could also ask for an open ditch instead of a pipe but that would be difficult because it is so near the house. David Lajoie said the replacement pipe would be 10’ longer and would be covered with soil.
MOTION:  A motion to approve this project with the Site Plan dated 4/26/10 was made by Steve Phillips and seconded by Jim O’Brien
VOTE:  Unanimous.

Continuation
Rebuck/Peedin 40 Gibson Road by Ryder & Wilcox, Inc. Assessor’s Map 19, Parcel 23. The proposed renovations to an existing dwelling; second-story dormers, new doors & windows; & a stone retaining wall. Work will occur within 100’ of the Top of a Coastal Bank.  This file was continued from 4/6/10 and 5/18/10 without information. Stephanie Sequin from Ryder & Wilcox and Theresa Sprague from Wilkinson Ecological Design were present.  Stephanie Sequin said the second story expansion will extend over the remaining portion of the wing. There will be no change in foundation or footprint except for a small covered entry way. This plan has been expanded to include the replacement of the beach access stairs. The current stairs are very unsafe and partly on the neighbors property.  The new beach access will begin with a path where the slope is gradual. Dug in stairs will be built when the grade is steeper and on the last steep section to the beach the stairs will be elevated. Theresa Sprague said they will remove invasive species and plant native shrubs at the site of the existing stairway. They will remove a non-native maple on the beach near the new access. They also want to prune for a view several oaks.  They will restore the vegetation on the top 10’ of the coastal bank. Jenny Wood asked why they are only restoring the top 10’. Theresa Sprague said the coastal bank is very steep near the top on that side so that mechanical equipment can only be used on the top 10’.  It is much more expensive to restore it manually.  Judith Bruce asked that the restoration of the top 10’ of coastal bank remain as a continuing condition on the Certificate of Compliance. Steve Phillips asked what type of lawn care will be used and if the owners will agree to only organic lawn care without pre-emergent herbicides, pesticides or quick release fertilizers. Stephanie Sequin said yes.
MOTION:  A motion to approve this project with the conditions that the 10’ restoration of the vegetation at the top of the bank would remain as a continuing condition and that the lawn care on this property would be organic was made by Judith Bruce and seconded by Adrienne Pfluger.  
VOTE:  Unanimous.


Certificates of Compliance
Porter and Michelle Odenbach (2007)     169 Tonset Road Request for a COC for an Order to build a garage and a pervious drive. The status of the Special Conditions on the Order are as follows: 1. A row of boulders must be placed so that vehicles cannot drive to the wetland side of the driveway. (There are 3 boulders very far apart on the wetland side of the drive.) 2. The driveway must remain dirt (The driveway is shell.) 4. Electricity may be installed in the barn but not water. (There is a hose attached to the barn near the side door.) The driveway and building do not appear to be the same shape as the approved plan. The overhang of the roof may not be represented by the Plan. This COC was requested by J. C. Ellis Design Company, Inc. and was presented by Ryder and Wilcox. The Commission was very concerned that owners have not complied with the special conditions and the approved plan. They requested an As Built of the site but did not agree to accept it. They also requested more boulders to be placed on the wetland side of the driveway. A letter will be sent asking for an As-Built.

Todd and RobinThayer (2003)     82 Arey’s Lane  
Request for a COC for an Order for an addition that was amended twice. The first time for a larger addition and the second time for a modification to the septic system. The project is built as shown with the addition of an air conditioning unit that is greater than 50’ to both the buffer to Pilgrim Lake and a freshwater wetland. The buffer planting is doing well.

MOTION:  A motion to approve this project was made by Judith Bruce and seconded by James Trainor.
VOTE:  Unanimous

Administrative Reviews
Continued from 5/18/2010
Wendy Cultice,12 Skymeadow Drive Request to remove 15 trees in the buffer to a coastal bank and freshwater wetland.  AR submitted by Beth Arndtsen (Landscape Design and Planning). The Commission asked to hold this AR as 15 trees was too many for this Administrative Review.


Continued from 11/17/2009
Dobson/Flanders-Siems   49 S. Orleans Road/31A Cove Road
Request by Ray Dobson to have trees pruned on other properties (Town of Orleans, Orleans Yacht Club, and Flander-Siems) for a better view. There is a clear view to the east of this property. The Commission was in favor of : pruning one branch on a tree on the Town Landing, pruning 3 branches on 2 large maples on the  Flanders-Siems property and removing 6 locusts on the Orleans Yacht Club property with the stipulation that replacement trees and shrubs will be on site before the trees are removed. The Commission was not in favor of pruning or cutting another small tree on the Flanders-Siems property which has been removed from the AR.
MOTION:  A motion to approve this project was made by Judith Bruce and seconded by James Trainor.
VOTE:  Unanimous


Raymond Nash ,46 Loomis Lane Request to remove one dead red cedar that is now below the high tide line.
MOTION:  A motion to approve this project was made by James Trainor and seconded by Bob Royce
VOTE:  Unanimous

Molly Jenks/Kevin Smith ,25 Kenneth Lane Request to continue vegetation restoration work in the buffer and on a coastal bank including planting Virginia rose, blueberry and bearberry. A similar request was filed and approved in 2009.
MOTION:  A motion to approve this project was made by Judith Bruce and seconded by James Trainor.
VOTE:  Unanimous

Mark and Nancy O’Leary, 24 Franz Road Request  to Install a shell pathway from the driveway to the front walk to prevent trampling of plantings. There is a path already from the house to the street. They would also like to install drainage trenches along the north and east sides of the house. The trenches are proposed to be hand-dug, two feet wide, 1 foot deep and filled with gravel. Work is within the 100’ buffer to a dune system. Steve Phillips asked where is the water draining currently? Theresa Sprague said  there are French drains and no gutters so water is splashing along the side of the house and disturbing the shingles and plants.   
MOTION:  A motion to approve this project was made by Adrienne Pfluger  and seconded by James Trainor.
VOTE:  Unanimous

Mark and Nancy O’Leary, 24 Franz Road Request to prune three cherry trees along the drive that were damaged during construction and to remove and treat bittersweet. They would also like to work on the Town property across the street and remove oaks and replace them with beach plum. Work is within the dune system. Arnold Henson questioned the work on the Town property and asked for the tree warden’s input. Teresa Sprague agreed to remove that work from the AR. Jenny Wood asked where the bittersweet removal would occur. Teresa Sprague said there is a paper road next to this property that is overgrown and bittersweet is coming in to 24 Franz Road from there.
MOTION:  A motion for approval of this project excluding any work on the Town property was made by Judith Bruce and seconded by Jim O’Brien
VOTE:  Unanimous

Town of Orleans Parks & Beaches Department, Skaket Beach Paul Fulcher said he would like to remove the locust tree shoots growing onto the parking lot.
MOTION:  A motion to approve this project was made by Judith Bruce  and seconded by Jim O’Brien
VOTE:  Unanimous

Town of Orleans Parks & Beaches Department, Nauset Beach Paul Fulcher said he is proposing the building of ramps to replace the steps on the northern boardwalk.
MOTION:  A motion to approve this project was made by Bob Royce and seconded by Steve Phillips
VOTE:  Unanimous

Request for a Conservation Restriction
Conservation Trust, 22 Twining Lane Request for approval and signature for the Conservation Restriction for 22 Twinings Lane. This property is part of a significant wildlife corridor and is in a State mapped Priority habitat for rare species. Kris Ramsay from the Orleans Conservation Trust was present.  Judith Bruce asked if the Trust was going to identify the rare species on the site. Kris Ramsay said they intend to do a land management plan in the future.  Judith suggested they clarify which signs are prohibited as they may want to have interpretive signs.
MOTION:  A motion to approve this project was made by Judith Bruce and seconded by Bob Royce
VOTE:  6-0-1 (James Trainor abstained)


Request to Use Conservation Area
Windmill ,Wedding,July 23, 2011   Kim Charters/Adam Rosenberg, 175 people 3.30-6.30pm

MOTION:  A motion to approve this project was made by Jim O’Brien  and seconded by Judith Bruce
VOTE:  Unanimous


Chairman’s Business
Approval of the Minutes from the Work Meeting on May 25, 2010.

MOTION:  A motion to approve the minutes was made by Steve Phillips and seconded by Arnold Hanson
VOTE:  6-0-1 (Adrienne Pfluger abstained)

Other Member’s Business
Administrator’s Business


The Meeting was Adjourned at 9:15 am


Respectfully submitted,

Christine Hermes, Conservation Commission Secretary

Approved                                                        Dated