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HomeMy Public PortalAboutConsComm Min 2000-04-25Minutes — Orleans Conservation Commission Cr ,,' 4:F FQF F S; ^; Town Hall „ m. Work Meeting, Tuesday, April 25, 2000 ry 1 s 1 PRESENT: Bob Ward, Acting Chairman; Adrienne Pfluger, Judy Scanlon, Jim Snedecor and Don Tomlin, voting Commissioners; and Jenny Wood, Conservation Administrator. George Christie, voting Commissioner, joined the meeting at 9:55 a.m. ABSENT: Arnold Henson, Bill Parish, Bill Stowell and Andree Yager. The meeting opened at 8:48 a.m. OTHER MEMBERS' BUSINESS Crystal Lake Water Quality Grant -- Judy Scanlon advised the Commission that this grant had been received from the state. The Commission needs to transfer $5,000 from the Conservation Fund to support the grant. NOTICE OF INTENT (CONTINUATIONS) Shawn Delude, 97 Baker's Pond Road -- Assessor's Map 53, Parcel 21 by East Cape Engineering, Inc. Construction of a single family residence and garage, retaining walls, driveway and site grading within 100' of an isolated wetland in accordance with plans on file. Tim Brady of East Cape Engineering distributed revised plans and explained to the Commission that the proposed new house was within 100' of an isolated wetland area subject to flooding on the back of the lot. They are now proposing to construct a 2 -bedroom house, which has been placed as close as possible to the street and lot sidelines. The revised plan shows the house decreased in size by 2' and moved back 1' from the wetland with the proposed retaining wall also moved back 1' from the wetland. The house is now more than 50' from the resource area and the deck has been redesigned to also be more than 50' from the wetland. A variance is being requested for construction of a retaining wall, grading work and the placement of the limit of work line, JW said she was concerned about replacement of the vegetation disturbed by the limit of work that extends closer than 50' to the wetland. Tim said they are not putting in a lawn here or landscaping and could leave a naturalized area. Bob Ward asked about moving the garage under the house and Tim said the expense was too great. This is designed as a utility garage which would be used by the owner for his business. MOTION: A motion to close the hearing to the taking of testimony was made by Jim Snedecor and seconded by Judy Scanlon. VOTE: Unanimous MOTION: A motion to approve the above project, with the condition that the area in front of the house that extends from the 50' buffer to the limit of work and the area in front of the garage that extends from the retaining wall to the limit of work shall be revegetated with native plantings, and also to approve the variance request, since there would be no adverse environmental impact and there were no reasonable alternatives, was made by Don Tomlin and seconded by Judy Scanlon. VOTE: Unanimous Minutes Work Meeting Tuesday, April 25, 2000 Dorothy Browning, 193 Quanset Road -- Assessor's Map 93, Parcel 10 by East Cape Engineering, Inc. Construction of a garage and breezeway addition within 50' of the top of a coastal bank, site grading around addition and installation of a new 1,500 -gallon septic tank in accordance with plans on file. Tim Brady of East Cape Engineering distributed a revised plan to the Commission which provided more detailed topo information and included the 50' and 100' setback lines from the top of the coastal bank and the ACEC delineation. The existing building is more than 50' from the top of the bank but they are requesting a variance to dig footings for the garage in the area that is now lawn and to regrade. Tim then read the variance request into the record. Bob Ward said the Commissioners had made a site visit and the project seemed to have a limited impact on the wetland interests. MOTION: A motion to close the hearing to the taking of testimony was made by Adrienne Pfluger and seconded by Judy Scanlon. VOTE: Unanimous MOTION: A motion to approve the above project and also to approve the variance request, since there would be no adverse environmental impact and there were no reasonable alternatives, was made by Jim Snedecor and seconded by Adrienne Pfluger. VOTE: Unanimous INFORMAL REVIEWS Attorney Glenn Wood, JPK Representative, 36 Alden Road, Revetment — Mr. Wood and Mr. Richard Russell addressed the Commission regarding this project that was denied in 1997. Mr. Wood said that the applicant had filed an appeal and the case was pending in the District Court and he was hoping to resolve this outside of court. The Commission had denied the revetment project because of concerns about the need and size of the revetment and other possible alterna- tives. The owners feel they need the revetment to protect their house, which is exposed and only 8-10' from the edge of the coastal bank at the 16' contour. Mr. Russell explained that the original design was for a 135' long revetment and this had been scaled back to 94' (as required by the DEP due to a lack of need and concern about end scouring). They are now proposing 2 alternative designs: 1) a terraced rip rap revetment with buried toe stones, terracing and plantings; and 2) a totally buried revetment with covering and plantings. The Commissioners expressed their concerns about the 10' wide ramp being proposed over the existing timber stairs and the size of the revetment. Bob Ward said the Commission needs to make a site visit with a detailed set of plans for each new proposed option, including the engineer's rationale for each approach. Mr. Wood agreed to have this information provided to the Commission. Allen Gibbs, Chairman, Open Space/Land Bank Committee — Allen advised the Commission that the Town had recently been awarded a $148,000 self-help grant from the state for the Christian property, which included a condition for the taking of the adjacent Atlantic white cedar swamp. The Open Space Committee needs to have a detailed survey of the swamp done at an estimated cost of $10,000-$20,000 and they are asking the Commission if they will help fund this 2 Minutes Work Meeting Tuesday, April 25, 2000 expense. George Christie said that this seemed like the type of item to come out of the Town's reserve fund and he suggested that Allen go to the Finance Committee with his request. MOTION: A motion to request that the Chairman of the Open Space Committee meet with Director of Finance David Withrow to determine whether or not it is feasible to use the reserve fund for $10,000-$20,000 and, if not feasible, to expect that the Conservation Commission would be pleased to pay for the surveying of the Atlantic white cedar swamp was made by George Christie and seconded by Adrienne Pfluger. VOTE: Unanimous David Lyttle, Ratcliffe Property on Jack Knife Point — David said that the owners are proposing some renovations to the existing house, involving removal of a deck, addition of a screened porch and a bedroom and relocation of the garage. The proposed work would be within 50' of the wetlands (with some between 25' and 50' from the wetlands) and would exceed the current building footprint. George Christie said that the Commission would consider this as new construction. David Lyttle said he would tell his client that all proposed work needs to be 50'-100' away from the wetlands. ADMINISTRATIVE REVIEWS Anne Donaldson, 86 Freeman Lane -- Vegetation work for bank stabilization from the stairway to the water north to property line. Cut to the ground invasive species; autumn olive and 15 honeysuckles. Revegetate area with grass seed or bearberry. Top 2 cedars to prevent them from going over in a storm and pulling down the bank. Cut to the ground 2 other autumn olives to the south of the stair. MOTION: On a motion by George Christie and seconded by Adrienne Pfluger, the Commission approved the above project, VOTE: Unanimous David A. Quincy, 4 Thayer Lane -- Remove one large pitch pine. Replace with oak. Applicant is afraid a storm will bring the tree down on his house. MOTION: On a motion by Jim Snedecor and seconded by George Christie, the Commission approved the above project. VOTE: Unanimous Robert Platten, Pilgrim Lake Terrace East -- Clean up of association beach front on Pilgrim Lake. Remove brush piles and dead tree from the ground. Remove 7 scrub pine saplings. Remove boats in disrepair. MOTION: On a motion by George Christie and seconded by Adrienne Pfluger, the Commission approved the above project. VOTE: Unanimous 3 Minutes Work Meeting Tuesday, April 25, 2000 Lawrence Spaulding, 5 Blossom Lane -- Trim cedar hedge on bank several feet. Remove two dead cedars. Trim white pine. The cedar hedge has been maintained this way and looks healthy. MOTION: On a motion by George Christie and seconded by Jim Snedecor, the Commission approved the above project. VOTE: Unanimous ADMINISTRATOR'S BUSINESS The Community of Jesus Fireworks — JW said that the Community is planning a small fireworks display for the opening of their new church and they are just notifying the Commission of this. OTHER MEMBERS' BUSINESS Orleans Inn Discussion -- George Christie said that the Inn is either for rent or sale. He is concerned that Mr. Maas may just walk away from the property without doing the repairs to the bulkhead. Bob Ward agreed that the bulkhead was a safety hazard but he questioned what the Commission could do. JW suggested writing to the Board of Selectmen about the safety issue, the liability to the Town and the possibility of pulling the Inn's licenses. The Commission asked JW to discuss the situation with Town Counsel and they could talk about it again at their May 2nd meeting. George Christie left the meeting at 11:05 a.m. Site Visits — The Commissioners and JW discussed the properties to be visited for the projects on the May 2"d hearing agenda. The meeting closed at 11:10 a.m. Respectfully submitted, Penny Noll, Conservation Commission Secretary Approved 7t. k7 Date zr Zvvd 4