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Minutes — Orleans Conservation Commission
Town Hall
Hearing, Tuesday, October 3, 2000
PRESENT: Bob Ward, Chairman; Andree Yager, Vice Chairman; George Christie,
Bill Parish, Adrienne Pfluger, Jim Snedecor and Don Tomlin, voting
Commissioners; Steve Paradise and Judy Scanlon, non -voting Commissioners;
and Jenny Wood, Conservation Administrator.
ABSENT: Arnold Henson.
The meeting opened at 8:52 a.m.
ADMINISTRATOR'S BUSINESS
Kent's Point Site Improvements
JW said that a local Eagle Scout has volunteered to build the dug -in timber steps
to help mitigate the erosion occurring on the southern side of the property near the
coastal beach. We will file a Notice of Intent for the proposed work for the
Commission's October 17t'' hearing.
CHAIRMAN'S BUSINESS
Christian Property Site Improvements
Bob Ward said the Orleans Conservation Trust (OCT) would not agree to extend
the proposed trail loop onto their abutting property. They are concerned about
increased public access to their property and building a structure in the swamp.
JW said that only an elevated viewing platform would be constructed beside the
white cedar swamp, not a boardwalk through the swamp.
NOTICE OF INTENT
Jennifer and Michael Peters, 36 Jack Knife Point Road -- Assessor's Map 57,
Parcel 70 by East Cape Engineering, Inc. Construction of a garage and studio
within the buffer zone of a coastal bank in accordance with plans on file. Tim
Brady of East Cape Engineering and Mrs. Peters were in attendance and Tim
presented the project to the Commission. He said that this is an existing house
and an attached garage had been originally proposed but never built. They are
now proposing a garage with a studio/bedroom that will be 30' from the top of the
bank at the nearest point and connected to the entrance into the house by a
covered walkway. The area is currently densely vegetated and a fair amount of
this will need to be removed. The limit -of -work line is 25' from the top of the bank.
George Christie pointed out that there is sufficient space on this property to move
the proposed garage outside the 50' buffer and Bill Parish said that a variance is
only granted if there are no other alternatives available. Tim agreed that this was a
large lot but the Peters' preference is to connect the garage with the house and
this is the best location for that. Steve Paradise suggested that the walkway be
made 20' longer. JW said that she felt it would be better for the resource area if
the garage were further back from the top of the bank. The Chairman read the
variance request into the record. He then said that the Commission would be
reluctant to grant a variance for work within the 50' buffer when there is a
reasonable alternative available and this proposal involves a substantial intrusion
into the buffer zone. Tim requested a 2 -week continuation until October 17th
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Minutes Hearing Tuesday, October 3, 2000
MOTION: A motion to approve a continuation of the above project until October 17,
2000 was made by George Christie and seconded by Adrienne Pfluger.
VOTE: Unanimous
Collins Pomeroy, 40 Pershing Lane -- Assessor's Map 56, Parcel 13-1 by Brian
Beaty Tree and Landscape. Construction of a dug -in timber stairway on a coastal
bank in accordance with plans on file. Brian Beaty presented the project to the
Commission and explained that they are proposing dug -in timber stairs to replace
the existing steps that have deteriorated. The Chairman read the variance request
into the record. Jim Snedecor said that this proposal was an improvement over the
current situation with foot traffic down the bank. JW asked if there would be
handrails on the stairway. Brian said these were proposed for the steepest part of
the bank and would be on both sides of the stairs with posts placed at every 6th step.
MOTION: A motion to close the hearing to the taking of testimony was made by Bill
Parish and seconded by Jim Snedecor.
VOTE: Unanimous
Bob Ward asked about the limit of work and Brian said it would just be within the
proposed 4' stairway. Bob Ward said this should be conditioned in the Orders.
MOTION: A motion to approve the above project, with the condition that the limit -
of -work line be 3' on either side of the center of the stairs, 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 Bill
Parish.
VOTE: 5-0-2 Approved. George Christie recused himself. Andree Yager
abstained.
Pleasant Harbor Condominiums, 123 South Orleans Road -- Assessor's Map
41, Parcel 69 at Units 7 and 8 by Schofield Brothers of Cape Cod. Replacement of
a failed septic system and relocation of a water line within the buffer zone of a
bordering vegetated wetland in accordance with plans on file. Laura Schofield of
Schofield Brothers presented the project to the Commissioners and explained that
this was a 2 -part project involving installation of the water main and then a septic
upgrade. She said there is a bordering vegetated wetland behind these units and
the proposed septic system is within 100' of the wetland but in an area that is
currently lawn. It is possible to move the system outside the 100' buffer, but this
would be in a wooded area with large trees. She said that this alternate location
would provide greater horizontal separation from the wetland but it would be closer
vertically to groundwater. Jim Snedecor asked if they would be abandoning and
filling in the existing cesspools and Laura said yes. JW said that the bordering
vegetated wetland is a rare white cedar swamp. Also the calculations have not yet
been done to determine the actual separation numbers. Laura said she could do
the calculations but the alternate location would also require a higher concrete
retaining wall, rather than the proposed lower timber wall. Judy Scanlon said it
was hard for the Commission to make any determination without the vertical
separation figures. Bob Ward asked if Laura had received Board of Health
approval for the system and she said she was scheduled for a hearing with the
Board of Health. He said the Commission needed the vertical separation
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Minutes Hearing Tuesday, October 3, 2000
information before making a decision on this proposal. Laura then requested a
continuation until October 17th.
MOTION: A motion to approve a continuation of the above project until October 17,
2000 was made by George Christie and seconded by Bill Parish.
VOTE: Unanimous
NOTICES OF INTENT (CONTINUATIONS)
Bradford Johnson, 6 Stony Island Way -- Assessor's Map 5, Parcel 63 by
Coastal Engineering Company, Inc. Addition to an existing single-family dwelling
and associated vista pruning within 100' of the top of a coastal bank and a salt
marsh in accordance with plans on file. Brad Malo of Coastal Engineering
presented the project to the Commissioners. Bob Ward said that the Commission
had re -visited the site on September 26th and it had been staked. Brad said that
the proposal is to construct an addition to the easterly side of the existing house
and they will need to remove 3 significant pine trees in the area. They will
maintain a "no disturb" area 50' from the top of the bank. The only other location
available for the addition would be in the area of the driveway and septic system.
Any vista pruning will not be discussed until the addition has been built. George
Christie pointed out that the vista pruning could not be determined by the
Commission until after the construction was completed and it would require the
filing of an Administrative Review. The Chairman then opened the hearing to the
audience. Margaret Powell, an abutter, expressed concern about the removal of
trees. Brad Malo said that some large trees are to remain in the area so there will
still be a considerable vegetated buffer left. However, the 3 large pines that are
within 10' of the proposed addition will require removal of their root system.
MOTION: A motion to close the hearing to the taking of testimony was made by
George Christie and seconded by Jim Snedecor.
VOTE: Unanimous
Judy Scanlon asked if any upgrade to the septic system was needed and Brad
said that the current system had been upgraded in 1995 for the current 4 -bedroom
level of use.
MOTION: A motion to approve the above project, with the condition that any vista
pruning within 100' of the coastal bank or salt marsh be addressed after the
addition is built, was made by George Christie and seconded by Bill Parish.
VOTE: 5-0-2 Approved. Don Tomlin and Andree Yager abstained.
Grace Mathieson, 100 Baker's Pond Road -- by Hamlyn Consulting. Assessor's
Map 53, Parcel 24 at Lot 23. Construction of a single family dwelling with deck,
gravel drive and subsurface septic system within the buffer zone of an inland
bordering vegetated wetland in accordance with plans on file. Lynne Hamlyn
reviewed the revised plan, which showed the proposed 2 -bedroom house entirely
outside the 50' buffer with the limit -of -work line 45' from the wetland at its closest
point. The proposed septic system is a FAST system that has been approved by
the Board of Health. JW said she was still concerned that the septic system was
not 100' from the wetlands and she questioned whether all of the wetland interests
were being adequately protected, i.e., erosion, wildlife habitat, pollution of Baker's
Pond. Lynne said that they were ready to submit a landscaping plan to address
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Minutes Hearing Tuesday, October 3, 2000
the erosion issues once this application was approved. George Christie suggested
that the Orders be conditioned to address the erosion mitigation first. Judy
Scanlon suggested that a condition be added that removal of any vegetation on
the beach was prohibited. Bill Parish said that after the house is constructed, the
applicant will need to come back to the Commission about any clearing of
vegetation. The Commissioners also discussed adding a condition that the
existing platform/deck be removed from the property.
MOTION: A motion to close the hearing to the taking of testimony was made by
George Christie and seconded by Bill Parish.
VOTE: Unanimous
George Christie said that only 4 Commissioners had been present for all the
testimony on this application and only they could vote on this.
MOTION: A motion to approve the above project, with the conditions that prior to
any construction of the proposed dwelling or septic system the eroding gully area
be rehabilitated to the satisfaction of the Conservation Administrator and that the
Conservation Commission requests that the existing wooden platform/deck be
removed prior to any work being done, and also to approve the variance request,
since there would be no adverse environmental impact and there were no
reasonable alternatives, was made by George Christie and seconded by Adrienne
Pfluger.
VOTE: 3-1-0 Approved. Judy Scanlon voted nay.
ADMINISTRATIVE REVIEWS
Orleans Highway Dept, Champlain Road -- Build asphalt berm across driveway
and put in stone swale for overflow to prevent flooding of private drive.
MOTION: On a motion by George Christie and seconded by Adrienne Pfluger, the
Commission approved the above project.
VOTE: Unanimous
Orleans Highway Dept., Hinkle Lane -- Repair section of roadway, replace
existing catch basin and overflow. Repave section of road.
MOTION: On a motion by George Christie and seconded by Bill Parish, the
Commission approved the above project.
VOTE: Unanimous
CHAIRMAN'S BUSINESS -- Continued
Approval of Minutes of September 26, 2000 Work Meeting
MOTION: A motion to approve the minutes of the September 26, 2000 work
meeting was made by Jim Snedecor and seconded by Adrienne Pfluger.
VOTE: Unanimous
ADMINISTRATOR'S BUSINESS
Dudrick Enforcement Order, 21 Manito Road
JW said that she had met with Mr. Dudrick on -site and he will be filing an
Administrative Review for the brush clearing that had been done. He also
understands that he needs to remove the fence or file a Notice of Intent to put the
fence in.
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Minutes Hearing Tuesday, October 3, 2000
OTHER MEMBERS' BUSINESS
Sea Call Farm Building Committee Update
Adrienne Pfluger updated the Commissioners on this Committee's 9/28 meeting,
which was also attended by Town Administrator John Kelly. She said that Mr.
Kelly had clarified several issues regarding the funds available for renovations, the
procurement process and the need for the Committee to have any plans approved
by both the Board of Selectmen and the Conservation Commission before they
proceed.
The hearing adjourned at 10:50 a.m.
Respectfully submitted,
Penny Noll, Conservation Commission Secretary
Approved
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